School Board Policies & Procedures Manual Chapters and Codes

Transcription

School Board Policies & Procedures Manual
BENTON COUNTY SCHOOL OF THE ARTS
Chapters and Codes
Chapter
Code
Foundations and Basic Commitments
A
School Board Governance and Operations
B
General School Administration
C
Fiscal Management
D
Support Services
D
Facilities Development
F
Personnel - Certified
G
Negotiations
H
Instruction
I
Students
J
Personnel – Classified
K
Education Agency Relations
L
CHAPTER A
Foundations and Basic Commitments
Police Code
Policy Topic/Subject
Section
AA
Legal Status of Benton County School of the Arts
A-1
AB
The Citizens and Their Schools
A-2
AC
Nondiscrimination/Equal Opportunity
A-3
AD
Mission and Belief Statements
A-4
AE
Drug-Free Schools
A-5
AF
Tobacco-Free Schools
A-6
AG
Gun-Free Schools
A-6
AH
Safe Schools
A-7
AI
BCSA Accountability and Assessment
A-8
AJ
Board Recognition for Accomplishment
A-9
AK
School Day
A-10
Note: All policies in Section A were reviewed, revised and approved by the BCSA Board of
Education on March 6, 2012.
Section A-1
Code: AA
Date Issued/Revised: 2/15/02,
3/6/2012
LEGAL STATUS OF BENTON COUNTY SCHOOL OF THE ARTS
The Benton County School of the Arts' (BCSA) legal status is that of a body corporate. BCSA is
organized and governed by the laws of the State of Arkansas relating to charter schools, by
written policies adopted by the BCSA School Board pursuant to federal and state laws, and in
accordance with the instructions of the Arkansas State School Board and the Arkansas State
Board of Vocational and Technical Education.
Legal References:
Ark. Code Ann. Section 6-13-102
Article 14, Section 1 and Section 3, Constitution of the State of Arkansas
Corporate Name:
The corporate name of this school shall be the "Benton County School of the Arts," and it shall
have the same prerogatives, powers, duties, and privileges as all other schools in this state and
as provided by Arkansas law.
Legal References:
Section A-2
Code: AB
Date Issued/Revised: 2/15/02, 3/6/2012
THE CITIZENS AND THEIR SCHOOL
BCSA is a legal entity for conducting a system of public education for the residents of Arkansas.
The system was created by, and is governed by, Arkansas state law. Members of the School
Board are state officers chosen by eligible voters to represent them in the management of their
schools.
The School Board has the responsibility to implement public education and meet local citizen's
desires for educating their youth. While the Board has an obligation to assess citizen's desires,
it is understood that when Board members are elected, they are entrusted to exercise their best
judgment to determine policies, make decisions and approve procedures.
The BCSA School Board reaffirms and declares its intent to:
Maintain two-way communications with the citizens. The public will be kept informed of the
progress and problems of the school, and citizens will be urged to bring their aspirations and
feelings about their school to the attention of the Board.
Establish policies and make decisions on the basis of declared educational philosophy and
goals. All decisions made by the Board will be made with priority given to furthering the
education of the youth enrolled in the school.
Act as a representative body for citizens of the state in matters involving public education. The
Board recognizes that ultimate responsibility for public education rests with the General
Assembly of the State of Arkansas, however, the Board has been assigned specific authority
through state law.
Section A-3
Code: AC
NONDISCRIMINATION/EQUAL OPPORTUNITY
BCSA does not condone discriminatory treatment of students or personnel. The faculty, staff,
Superintendent/Executive Director and members of the School Board are committed to providing
equal educational and employment opportunity to all qualified individuals.
BCSA is committed to the policy of providing educational opportunities to all qualified students
regardless of their economic or social status, and will not discriminate on the basis of race, color,
sex, marital or parental status, religion, national origin, or disability.
In the area of employment (including hiring, job assignment, salaries, fringe benefits, training and
other conditions of employment), BCSA will not discriminate on the basis of race, color, sex,
religious preference, age, marital/parental status or national origin, and it does not discriminate
against qualified disabled individuals, in treatment or employment in its programs and activities.
All persons, agencies, vendors, contractors and other persons and organizations doing business
with or performing services for BCSA shall subscribe to all applicable federal and state laws,
executive orders, rules and regulations pertaining to contract compliance.
The School Board is committed to the attainment of equal opportunity and a policy of
nondiscrimination in the belief that this commitment to diversity will produce a quality educational
experience for all students of BCSA. To meet this challenge, the School Board reaffirms its
intent to implement and adhere to all applicable federal and state laws, executive orders, rules
and regulations which apply to the operation of BCSA, including the following:
Title VI of the Civil Rights Act of 1964 - prohibits discrimination on the basis of race, color, or
national origin by educational programs receiving federal funds.
Title VII of the Civil Rights Act of 1964 - prohibits discrimination in employment (including hiring,
assignments, salaries, fringe benefits, training, and other conditions of employment) on the basis
of race, color, national origin, religion, or sex.
The Equal Pay Act of 1963 - prohibits discrimination in salaries on the basis of sex.
Title IX of the Education Amendments of 1972 - prohibits discrimination on the basis of sex
against students or others in education programs or activities.
The Age Discrimination in Employment Act - covers people over the age of 40 and forbids
discrimination in employment opportunities on the basis of age, unless age is a bona fide
occupational qualification.
The Rehabilitation Act of 1973 prohibits discrimination against "otherwise qualified" students
and employees with disabilities.
The Americans with Disabilities Act of 1990 prohibits discrimination against students,
employees, and the general public on the basis of disabilities.
All grievances and complaints will be handled in accordance with Board regulations. The
Superintendent/Executive Director has been designated to coordinate efforts to comply with laws
and regulations relating to affirmative action, nondiscrimination, and equal opportunity.
Section A-4
Code: AD
MISSION AND BELIEF STATEMENTS
BCSA Mission Statement:
BCSA is the ultimate K-12 experience in arts and academics.
BCSA Beliefs:
We believe that:

the integration of arts and education defines us

creative freedom and a rigorous curriculum are fundamental to student success

the arts enrich our lives by enabling us to celebrate individuality and diversity

the integration of the arts and academics offers students greater opportunities to
succeed in the 21st century

great teaching recognizes and addresses the multiple ways students learn

personalized instruction is essential to each student’s educational success

we must develop ethical leadership and citizenship in our students

providing a safe environment promotes student learning

continual evaluation holds us accountable in order to meet the needs of our diverse
BCSA community

communication and collaboration between students, parents, staff and community are
essential to students’ success
Section A-5
Code: AE
DRUG - FREE SCHOOL
BCSA is committed to providing a drug-and alcohol-free environment and workplace. Drug and
alcohol abuse at school or during school-sponsored activities threaten the health and safety of
our students and staff, and adversely affect our educational mission. The use of illegal drugs
and the unlawful possession or use of alcohol is wrong and harmful.
For these reasons, the unlawful manufacture, distribution, dispensation, possession or use of
illegal drugs, alcohol or other controlled substances on school premises or during school-
sponsored activities is strictly prohibited. These standards apply to students and school
personnel. Any BCSA employee who is convicted of a federal or state drug violation must notify
the BCSA Superintendent/Executive Director not later than five (5) working days after the
conviction.
Discipline, consistent with local, state and federal law (up to and including expulsion and referral
for criminal prosecution), will be imposed on students who violate this policy. Discipline may
include, parent-administrator conferences, detention, suspension and expulsion. Satisfactory
completion of a rehabilitation program may be substituted for some or all of the discipline.
In accordance with the Drug-Free Workplace Act of 1988 (amended), compliance with this policy
is made a condition of employment. Discipline consistent with local, state, and federal law (up to
and including termination of employment and referral for criminal prosecution), will be imposed
on school personnel who violate this policy. Discipline may include, reprimand, suspension with
or without pay, termination and referral for prosecution. Satisfactory completion of a
rehabilitation program may be substituted for some or all of the discipline.
Legal Reference: 41 U.S.C. Section 701, et seq.
Section A-6
Code: AF
TOBACCO - FREE SCHOOLS
BCSA personnel and visitors are prohibited the use of tobacco or tobacco products in BCSA's
enclosed areas, buildings and facilities, outside school owned properties, and in vehicles owned,
leased or operated by the school.
Students, school employees and visitors are not permitted to use tobacco and tobacco products
while they are on school property or while involved in an activity representing the school.
Legal Reference: Ark. Code Ann. Section 6-21-60
Code: AG
GUN - FREE SCHOOLS
BCSA is committed to helping create a safe school by implementing the federal "Gun-Free
Schools Act of 1994". Any student who brings a gun onto school property shall be recommended
for expulsion (the Superintendent/Executive Director may modify the recommendation on a caseby-case basis).
Legal Reference: 20 U.S. Code, Section 8921
Section A-7
Code: AH
SAFE SCHOOLS
The Superintendent/Executive Director, principals, teachers and staff are responsible, within
limits imposed by available resources, for taking precautions for the health and safety of BCSA
personnel and students, in compliance with applicable local, state and federal rules, regulations
and laws governing school health and safety.
Code: AI
SCHOOL BOARD ACCOUNTABILITY AND ASSESSMENT
The BCSA School Board accepts responsibility for all facets of school operations and education
programs. Because it is accountable to the residents of the state, the board will maintain a
program of accountability and assessment which consist of the following guiding principles:
Evaluate the Superintendent/Executive Director
Develop goals about operations, programs and personnel.
Provide staff, resources and support to achieve those goals - within budget.
Evaluate regularly to determine if goals are being met.
Start a performance action plan so the school can gear its own efforts in achieving the goals.
Assess the efforts of the school, personnel and the School Board in making continuous
improvement.
Code: AJ
BOARD RECOGNITION FOR ACCOMPLISHMENT
The School Board appreciates the diligent effort made by its members,
Superintendent/Executive Director, principals, faculty, staff, student body and citizen volunteers
in achieving BCSA's goals. The Board will make it a point to recognize their service to the
school. Recognition will include resolutions, comments at meetings, letters of commendation,
certificates or plaques.
Section A-8
Code: AK
SCHOOL DAY
The School Board shall set the length of the school day in compliance with Arkansas School
Law. Teachers are expected to be at work at least fifteen (15) minutes prior to the beginning of
the school day, and stay at least thirty (30) minutes after the end of the school day. Exceptions
to this schedule may include staff meetings, staff development activities, alternate contracts,
parent-teacher conferences or duty assignments, when teachers will be expected to report
earlier or stay later. The Superintendent/Executive Director or principal may excuse teachers to
leave early. Teachers who are members of professional organizations may leave early for
meetings. These meetings should not interfere with the teachers’ duties.
Staff members who leave an assignment without prior approval will be docked a full or half day’s
pay (depending on the amount of time missed), unless an alternative is approved by the
administrator.
The principal is expected to be in earlier and stay later than the teachers and students
schedules. Exceptions to this would be professional meetings, civic club meetings, etc. If the
principal leaves the building during the school day, they must carry a cell phone in case of
emergencies.
CHAPTER B
School Board Governance and Operations
Policy Code
Section
BA
BCSA School Board Operational Goals
B-3
BB
Board Legal Status/Generally
B-4
BC
Board Powers and Responsibilities
B-4
BD
Board Member Authority and Responsibility
B-5
BE
Board Membership - Elections and Appointments
B-6
BF
Board Member Qualifications
B-7
BH
Removal of Board Member From Office For Non-Attendance
B-8
BI
Unexpired Term Fulfillment/Vacancies
B-8
BJ
Conduct of Board Members
B-9
BK
Board Member Code of Ethics
B-9
BL
Board Member Conflict of Interest
B-11
BM
Public Participation in Board Meetings
B-12
BN
Organization of the Board
B-13
BO
Method of Electing Board Officers
B-13
BP
Board Officer Duties
B-14
BS
Appointed Board Officials
B-18
BT
Policy Adoption
B-18
BU
School Board-Superintendent/Ex. Director Relations
B-19
BV
Board Committees
B-21
BW
Advisory Committees
B-21
BX
School Attorney/Legal Services
B-22
BY
Board Consultants/Staff Assistants
B-22
BZ
Board Meetings – Generally
B-23
BAA
Regular Board Meetings
B-23
BAB
Adjourned Board Meetings
B-24
BAC
Special Board Meetings
B-24
BAD
Executive Sessions
B-25
BAE
Board Meeting Procedures
B-25
BAF
Notification of School Board Meetings
B-25
BAG
Agenda for Regular Board Meetings
B-26
BAH
Quorum
B-27
BAI
Rules of Order
B-27
BAJ
Parliamentarian
B-27
BAK
Suspension of Rules of Order
B-28
BAL
Voting Method at Board Meetings
B-28
BAM
Minutes of Board Meetings
B-28
BAN
School Board Records
B-29
BAO
Public Participation at Board Meetings
Generally
B-29
BAP
Public Participation at Board Meetings
Guidelines
B-29
BAQ
News Media
B-30
BAR
Broadcasting and Taping of Board Meetings
B-31
BAS
School Board Work Sessions and Retreats
B-31
BAT
Board Policy Process
B-32
BAU
Board Policy Development System
B-33
BAV
Policy Adoption
B-33
BAW
Policy Revision and Review
B-34
BAX
Board Review of Administrative Policy Guidelines
B-34
BAY
Policy Communication and Feedback
B-34
BAZ
General Board Communications
B-35
BBA
Board Communications with BCSA Personnel
B-35
BBB
New Board Member Orientation and Training
B-36
BBC
Board Member Development Activities
B-37
BBD
Board Member Facilities and Services
B-37
BBE
Board Member Compensation and Expenses
B-38
BBF
Annual Board Self-Evaluation
B-39
BBG
Board Memberships
B-39
Note: All policies in Section B were reviewed, revised and approved by the BCSA Board of
Education on March 6, 2012.
Section B-3
Code: BA
Date Issued/Revised: 8-16-77, 3/6/2012
SCHOOL BOARD OPERATIONAL GOALS
It is the objective of the School Board that every lay person in the community feels he or she is in
partnership with the professional educators and the School Board who have the responsibility for
continuous planning, analysis, and evaluation to see that the most effective and meaningful
educational opportunities are made available to our youth consistent with the aspiration, cultural
pattern, and financial ability of the community.
The BCSA School Board further acknowledges that it is responsible for the establishment and
maintenance of a free public school for all children residing in Arkansas and shall make all
necessary rules and regulations appropriate for the governance and conduct of school
operations consistent with local, state, and federal law.
Authority and Right of Review - The School Board has final legal authority within the
provision of state and federal law for the operation of the school. No policy or procedure
adopted by the Board or its designee shall be construed to limit the statutory powers
provided by state law to the BCSA School Board to exercise its own judgment and to
make recommendations to the Superintendent/Executive Director. To accomplish this
function the Board must have timely access upon request to any information, including
documents, in the possession of school personnel unless such access is expressly
prohibited by state or federal law.
Policy Adoption and Procedure Review - It is the responsibility of the School Board to
adopt policies for the effective and efficient management of BCSA. All policies legally
adopted shall be put in written form, noted in the minutes of the meeting where such
action was taken, and copies of any new, revised or deleted policies shall be promptly
distributed for inclusion in official copies of the BCSA Board Policy Book maintained in
various locations throughout BCSA. Adoption or revisions of generated administrative
procedures which significantly alter the manner in which a Board policy is to be
implemented shall be distributed to the Board for information.
Evaluation of Policies and Procedures - The School Board is responsible for
evaluating both the effectiveness of its policies and how well they have been
implemented. The Superintendent/Executive Director recommends specific action to
implement Board policy, and it is the responsibility of the Board to appraise the value and
importance of each recommendation and to act on each proposal.
Operational Action - The School Board is responsible for developing the processes
necessary for conducting Board business such as adopting a procedural form for
meetings, elections of Board officers, and providing for the enforcement of state and
federal law.
Executive Action - The Superintendent/Executive Director performs administrative
duties for the Board by authority delegated to him or her. The School Board is
responsible for holding the Superintendent/Executive Director accountable for the
effective and efficient administration and leadership of BCSA.
Quasi-Judicial Action - The School Board serves in a quasi-judicial function when it
acts as a forum for hearings and appeals from parents, students, or personnel on
decisions or recommendations made by the Superintendent/Executive Director or
appointed designees.
Section B-4
Code: BB
BOARD LEGAL STATUS - GENERALLY
The legal authority of the operation and management of the school program in BCSA is vested in
the elected BCSA Board of Directors (BCSA School Board).
Code: BC
BOARD POWERS AND RESPONSIBILITIES
The School Board shall exercise the following powers and perform the following duties:
1. Select and evaluate the Superintendent/Executive Director and support the
Superintendent/Executive Director in the proper discharge of his or her duties.
2. Establish general policies for the school system in consultation with the school
administrative staff and teacher representatives and in keeping with the wishes of the
community and the requirements of the law.
3. Employ teachers and other employees necessary for the proper conduct of the BCSA
upon the recommendation of the Superintendent/Executive Director.
4. Make written employment contracts with teachers and all other employees of the BCSA
in the form prescribed by the Arkansas State School Board.
5. Adopt salary schedules for all school personnel.
6. Provide, by the exercise of its legal powers, the funds necessary to adequately finance
the operation of the school.
7. Revise, if necessary, and adopt and publish, as provided by law, an annual operating
budget as recommended by the Superintendent/Executive Director.
8. Require and evaluate the reports of the Superintendent/Executive Director concerning
the progress of the financial status of the BCSA.
9. Provide for the care and custody of school facilities, grounds and other BCSA property
and ensure that it is maintained in a state of good repair.
10. Seek at all times the cooperation of citizens, county and city officials.
11. Ensure that the courses of study for all grades, prescribed by the Arkansas State School
Board or by law, are taught in the BCSA.
12. Assist in presenting to the public the needs and progress of the school.
13. Exert authority as board members, only when acting as a board legally in session,
exercising no individual administrative responsibility with respect to the school, and
refraining as an individual, from commanding the services of any BCSA employee.
14. Cooperate with other educational agencies in the continued improvement of the structure
of BCSA.
15. Do all other things necessary and lawful for the conduct of efficient and effective free
public school
Section B-5
Code: BD
BOARD MEMBER AUTHORITY AND RESPONSIBILITY
The BCSA School Board has power to take official action only when it meets in open session as
a board and as a committee of the whole. The Board shall not be bound in any way by any
statement or action on the part of any individual board member or BCSA employee, except when
such statement or action is in pursuance of specific instructions by the Board.
Section B-6
Code: BC
BOARD MEMBERSHIP - ELECTIONS AND APPOINTMENTS
School Board Elections
Number:
The BCSA School Board shall consist of seven (7) members elected at large by the qualified
voters of BCSA. Eligible voters are defined as any parent or legal guardian who currently has a
child enrolled in BCSA at the time of the school board election. Parents and legal guardians of
former students are not eligible voters.
Legal References:
Historical: 1949 Ark. Acts 214; 1979 Ark. Acts 152; Ark. Code Ann. Section 6-13604(a) (1987).
Current: Ark. Code Ann. Section 6-13-604
Term of Office:
The term of office for each member of the School Board shall be three (3) years, with three (3)
positions and four (4) positions rotating off as follows:
Position 1
Wes Abbott
June 30, 2015
Position 2
Alicia Knotts
June 30, 2015
Position 3
Darlene McLernon
June 30, 2015
Position 4
Howard Alsdorf
June 30, 2014
Position 5
Tony Beardsley
June 30, 2014
Position 6
Jim Keast
June 30, 2014
Position 7
Dave Russell
June 30, 2014
Election Date and Procedures:
Members of the BCSA School Board shall be elected by non-partisan vote at the annual school
board election held on the last Tuesday of April. In order to win a contested race, a candidate
must receive at least 50% plus one vote over the other candidate(s). In the event there are three
(3) or more candidates running for a position, and neither candidate receives the required 50%
plus one vote, there will be a run-off election two weeks later between the two candidates with
the highest number of votes. Uncontested positions will be awarded to the incumbent by default.
School Board Member Candidate Petition:
Any person who is qualified may become a candidate for a place on the School Board by
submitting a Candidate Information Form to the Superintendent/Executive Director by the
deadline as established by the School Board. Failure to submit the Candidate Information Form
by the established deadline will result in potential candidates not being placed on the election
ballot.
Any person who currently has or formerly has had children enrolled in Benton County School of
the Arts is eligible to run for a position on the School Board. Eligible candidates are not required
to currently have children enrolled in BCSA.
Section B-7
Code: BF
BOARD MEMBER QUALIFICATIONS
Except as noted in paragraph 2 below, to be eligible to serve as a member of the School Board,
a person must be a qualified elector of the State of Arkansas.
3. Any person who currently has or formerly has had children enrolled in Benton County
School of the Arts is eligible to run for a position on the School Board. Eligible
candidates are not required to currently have children enrolled in BCSA.
4. No person who is elected to the School Board shall be eligible for employment in the
BCSA during his or her tenure on the Board.
Legal References:
Section B-8
Code: BH
REMOVAL FROM OFFICE FOR NON-ATTENDANCE
Any member of the board who misses three (3) regular, consecutive board meetings during a
school year, for any reason other than military service or illness (verified by a written sworn
statement of the member's physician) of the member, may be removed from office by a majority
vote of the remaining members pursuant to Arkansas law. If the Board removes a member from
office, the remaining members shall appoint another individual to serve until the next annual
school election, when the qualified electors shall elect in the usual manner a director to serve the
unexpired term of the removed member.
Code: BI
UNEXPIRED TERM FULFILLMENT/VACANCIES
The Board of Directors by a majority vote shall within thirty (30) days fill any unexpired vacancy
which occurs on the Board due to death, resignation, moving outside the BCSA, failure to
participate; however, any director so appointed shall serve only until the next annual school
election, at which time the electors shall select in the usual manner a director to serve the
unexpired term of the vacating director.
Legal References: Ark Code Ann: 6-13-611; 6-13-612; 6-13-613;6-13-619
Section B-9
Code: BJ
Date Issued/Revised: 8-16-77, 3/6/2012
CONDUCT OF BOARD MEMBERS
Members of the BCSA School Board should strive to prepare for and attend all meetings,
discuss items presented on the agenda, suggest other items for consideration when appropriate,
and vote in good faith upon motions and resolutions presented.
Official decisions of the School Board can be made only at Board meetings and in compliance
with state law. Board members do not have authority to speak for the Board or the BCSA and
should not make out-of-meeting comments unless directed by the Board.
Board members shall be nonpartisan in dealing with school matters and they shall place the
interest of the students ahead of partisan principle, group interest, or personal self-interest.
Members of the BCSA School Board should also meet the following qualifications:
1. Have personal integrity, intelligence and appreciation of the values of quality education.
2. Be residents of Arkansas willing and capable of assuming responsibility and a leadership
role in the community.
3. Have the ability to work with others, have the courage of their convictions, always vote
their beliefs, and be committed to and champion the role of public education in our
society.
4. Be prepared and willing to invest time in the study of the problems of education in BCSA,
state and nation.
5. Be willing and able to make sacrifices of their time, knowledge and personal interest for
the good of BCSA.
6. Be professional and demonstrate ethical conduct at all times when representing BCSA.
Code: BK
BOARD MEMBER CODE OF ETHICS
Position of Public Trust:
Holding public office is a trust created by confidence that citizens place in the integrity of their
elected public officers. To preserve this confidence, the BCSA School Board should operate
under the highest of ethical standards.
Annual Filing of Code Ethics Disclosure Form:
Each Board member is required to file the annual Code of Ethics Disclosure Form with the
Benton County Clerk as specified by Arkansas law.
Legal Reference:
Board Member Code of Ethics:
I.
As a member of my local School Board, representing all the citizens of my school, I
recognize
1.
That my fellow citizens have entrusted me with the education of the children of
this school.
2.
That the public expects my first and greatest concern to be the best interests of
each of these children, without distinction as to who they are or what their
background may be.
3.
That the future of this community, this state and the Nation depends upon the
quality of education we provide in the public school.
II.
4.
That my fellow board members and I must take the initiative in giving the people
of this community the facts about their school, then hopefully they will readily
provide the finest possible school program, staff and facilities.
5.
That the authority of the Board is derived from the state, which ultimately
controls the organization and operation of the school, and determines the degree
of discretionary power left with the Board and the people of this community.
6.
That I must never neglect my obligation to the community and the State, nor
surrender these responsibilities to any person, group or organization. I have a
moral and civic obligation to the Nation, which can remain strong and free only so
long as public schools in the United States of America are kept strong and free.
In view of the foregoing consideration, I shall endeavor to:
1.
Devote time, thought and study to the duties and responsibilities of a school
board member so that I may render effective and creditable service.
2.
Work with my fellow board members in a spirit of harmony and cooperation, in
spite of differences of opinion.
3.
Base my decisions upon all available facts, to vote my honest conviction in every
case (unswayed by bias), and to abide by and uphold the final majority decision
of the Board.
4.
Remember that I have no legal authority outside the meetings of the Board and
to conduct my relationships with the school staff, the citizenry and all media on
this basis.
5.
Resist temptation and pressure to use my position as a school board member to
benefit myself or another individual or agency, apart from the interests of the
school.
6.
Recognize that it is just as important for the Board to understand and evaluate
the educational program of the school as it is to plan for the business of school
operations.
7.
Keep in mind that the primary function of the Board is to establish the policies by
which the school is to be administered, but that the conduct of school business
shall be left to the Superintendent/Executive Director and his/her staff.
8.
Welcome and encourage active cooperation by citizens, organizations and the
media in establishing policy on current and future school operations and
development.
9.
Support my State and National School Boards Associations.
10. Strive toward the most effective school board service to my community, in a spirit
of teamwork and devotion to public education, as the greatest instrument for the
preservation of our democracy.
Source: Board of Directors, National School Boards Association
Section B-11
Code: BL
BOARD MEMBER CONFLICT OF INTEREST
The BCSA School Board desires its members not only to adhere to laws regarding conflict of
interest, but to be alert to the appearance of a conflict of interest; and to avoid actions that might
embarrass themselves or the Board. The following two areas must be considered with care in
order that there be no actual or perceived conflict of interest:
Pecuniary Interest:
A Board member shall not have any direct pecuniary interest in a contract with the school, nor
shall the member furnish directly any labor, equipment, or supplies to the school except as
permitted under Arkansas law.
In the event a Board member is employed by a corporation or business or has a secondary
interest in a corporation or business which furnishes goods or services to the BCSA, the Board
member shall declare his or her potential conflict of interest, and shall refrain from debating and
voting upon the contract in question as recommended by Arkansas law.
It is not the intent of this policy to prevent the BCSA from contracting with corporations or
businesses because a Board member is an employee of the firm. The policy is designed to
prevent placing a Board member in a position where their duties to the BCSA and to the
member's employment (or other indirect interest) might conflict, and to avoid appearances of
impropriety even though none may exist.
All aspects of the foregoing policy shall be applicable to the Superintendent/Executive Director.
Legal References:
Employment of Immediate Family Members:
The policy of the BCSA School Board is that no member of the immediate family (spouse,
children, parents, spouse of children, brothers and sisters) of a Board member may be employed
in the BCSA, unless the family member was employed prior to the Board member's election. No
one may be appointed to fill a Board position that has immediate family employed by the BCSA.
Section B-12
Code: BM
PUBLIC PARTICIPATION IN BOARD MEETINGS
The Board desires citizens to attend its meetings so that they may become better acquainted
with the operation and programs of the school, and so that the Board may have opportunity to
hear the wishes and ideas of the public. The Board does not, however, obligate itself to consider
any request or proposal unless the request or proposal is submitted in writing to the
Superintendent/Executive Director twenty-four (24) hours before the meeting.
PUBLIC REQUEST TO ADDRESS THE BENTON COUNTY SCHOOL OF THE ARTS
BOARD OF EDUCATION
Name of Requestor: ___________________________________
Date of Request: _____________________________________
(Note: Request must be submitted to the Superintendent/Executive Director no less than 24 hours prior to the school
board meeting. Comments regarding personnel are not permitted).
Describe the nature/business of your request.
Attach a copy of any documents you will be sharing/discussing.
The Benton County School of the Arts Board of Education will limit your comments to a maximum of five (5)
minutes and no official board action regarding your presentation may be taken during the meeting.
____ I am speaking on behalf as an individual only
___ I am speaking on behalf of a group or organization
Request to be placed on the BCSA Board of Education School Board Agenda:
____ approved
____ denied (state reason for denial:
)
________________________________________
_____________________________
Signature of Superintendent/Executive Director
Date
B-12/B-29
8/6/08, 3/6/2012
Section B-13
Code: BN
ORGANIZATION OF THE BOARD
Date of the Organizational Meeting:
The School Board shall hold an organizational meeting to elect officers during the July board
meeting following elections in April.
School Board Officers:
Officers elected annually by the School Board from its membership are as follows: President,
Vice-President, and Secretary/Treasurer. Each officer shall serve for a term of one (1) year, or
until a successor is elected and qualified.
No member of the School Board shall serve more than two (2) consecutive terms as president.
Code: BO
METHOD OF ELECTING BOARD OFFICERS
School Board officers shall be elected during the July board meeting following elections in April.
The vote may be by secret ballot, show of hands or verbal, at the discretion of the Board.
Officers shall be elected in the following order: president, vice president, and secretary/treasurer
and voting shall continue until a majority is received. The current president shall preside at this
and entertain motions for the nominations of officers. If the current president is nominated for an
office, he or she shall ask another Board member to assume the chair until the election for the
office is complete.
When a quorum of the School Board has convened and neither the president nor the vicepresident is present, the members shall elect one of their number to serve as president for that
meeting.
Section B-14
Code: BP
BOARD OFFICER DUTIES
Board President Duties
Parliamentarian:
The President shall preside at meetings of the School Board and decide questions of order in
accordance with "Robert's Rules of Order, Revised."
Appoint Committees:
The President shall appoint all committees (unless otherwise directed by the Board), sign official
documents of the Board, call a special meeting of the Board whenever conditions set forth for
special meetings have been met and perform other duties as may be prescribed by law or by
action of the School Board.
The President shall have the same right as other School Board members to offer resolutions, to
make or second motions, to discuss questions and to vote thereon.
Board Vice-President Duties:
The Vice-President shall preside at School Board meetings, in the absence of the President, and
perform other duties as may be assigned by the Board.
Board Secretary/Treasurer Duties:
The Secretary/Treasurer of the School Board shall perform the duties of the president in the
absence of the president and the vice-president. The Superintendent/Executive Director, or
his/her designee, will record minutes of all meetings and will distribute minutes of meetings to
the board for review no later than four (4) days prior to the next regularly scheduled board
meeting.
The Secretary/Treasurer shall be the disbursing officer for the BCSA, and shall sign warrants
and other orders of payment. An alternate disbursing officer will be elected by the Board to sign
warrants in the absence of the Secretary/Treasurer.
Section B-18
Code: BS
APPOINTED BOARD OFFICIALS
It is the practice of the BCSA School Board to appoint a secretary/treasurer to the Board.
The secretary/treasurer to the Board shall sign school warrants.
Code: BT
POLICY ADOPTION
The efficient operation of BCSA requires the adoption of policies, procedures and guidelines that
apply to all phases of the school program. These policies and regulations set the pattern for the
program of education in BCSA.
As a part of the BCSA School Board Policies and Regulations Handbook, only those policies that
have been voted upon by the School Board and distributed to teachers as the BCSA Certified
Personnel Policies Handbook will be considered personnel policies.
Any changes or amendments to personnel policies shall become effective the following July 1.
Such amendments may become effective immediately by a majority secret ballot vote of the
Board.
All policies and policy revisions not identified as personnel policies may be adopted at any given
meeting without prior notification.
Temporary approval may be granted at a meeting of the Board in lieu of formal policy to meet
emergency conditions or special events.
This notification shall constitute an opportunity for the appropriate committee of any affected
organization to meet with the Superintendent/Executive Director and the Board for consultation
with reference to the proposed change(s). (Cf. BDBB-R)
Laws enacted by the Arkansas Legislature supersede any policies adopted by the BCSA School
Board and appear in this Certified Personnel Policy Handbook.
Legal Ref: Arkansas Code Annotated 6-17-204
Section B-19
Code: BU
SCHOOL BOARD/SUPERINTENDENT/EXECUTIVE DIRECTOR RELATIONS
For BCSA to effectively meet its goals, it must be responsive to the public and, at the same time,
provide for effective utilization of highly trained personnel. In pursuit of this aim, the School
Board will endeavor to represent the public in establishing goals, objectives and purposes. The
Superintendent/Executive Director will provide, to the best of their abilities and those of the staff,
the technical competence and know-how to assist the School Board with its policy functions, to
implement the policies and directives of the Board and operate the school. Through this effort
BCSA may combine the public will with the professional understanding of what constitutes an
outstanding educational program.
Because the two responsibilities are related and often overlap, there can be no distinct line
drawn between policy-making responsibility of the Board and policy-executing responsibility of
the Superintendent/Executive Director. The following general expectations are set forth to serve
as reference points in the working relationship between the School Board and the
Superintendent/Executive Director.
BOARD EXPECTATIONS
Conscientious Execution:
The School Board expects conscientious execution of its policies without bias. This is to give
every policy a chance of success, rather than just those policies with which the
Superintendent/Executive Director is in agreement.
When a situation arises not covered by Board policy, the Board depends upon the
Superintendent/Executive Director to decide if the matter requires a policy decision by the Board,
or is it something that can be handled under existing policies.
Information:
The Board expects full disclosure from the Superintendent/Executive Director of all pertinent
information regarding all aspects of BCSA operations. Such information should include all
important issues, controversial and non controversial, and is to be presented in an objective and
unbiased manner. When action is warranted by the information, the Superintendent/Executive
Director is to supply recommendations relative to possible alternatives. The Board further
expects that the Superintendent/Executive Director will give ample time to study all items on
which action is needed.
Superintendent/Executive Director Support:
The Board expects the Superintendent/Executive Director to support it fully to the public and to
defend its decisions even though they may be contrary to his or her recommendations. The
Superintendent/Executive Director is to share the responsibility for unfavorable as well as
favorable results. This sense of loyalty is essential for a smoothly functioning organization.
Professional Ethics and Conduct:
The School Board expects the Superintendent/Executive Director to abide by the Arkansas
Ethics for Educators law as identified in state law.
The Board expects the Superintendent/Executive Director to conduct all official business with the
School Board as a whole and not with portions of the Board or with individual members. The
Board derives its legal authority only when acting as a whole and must perform its duties as a
team and only in duly constituted meetings as specified by Arkansas law.
SUPERINTENDENT/EXECUTIVE DIRECTOR EXPECTATIONS
Respect for Board Policy:
The Superintendent/Executive Director can expect the School Board to establish and live by a
complete set of sound, written policies, covering all phases of Board operation. Within the
limitations of these policies it is the function of the Superintendent/Executive Director to
administer the affairs of BCSA.
Support of the Board:
The Superintendent/Executive Director can expect full support from the Board as long as he or
she is in their employ. The Superintendent/Executive Director can further expect protection
against unfair demands and excessive or unwarranted criticisms. Differences or disagreements
are matters of private information and are resolved in an atmosphere of honesty and sincerity.
Function as a Whole:
The Superintendent/Executive Director can expect the Board to conduct official business only at
duly constituted meetings and only after both the Superintendent/Executive Director and Board
have had adequate time to study all topics under consideration. The Superintendent/Executive
Director can also expect the Board to operate as a whole or unit rather than as factions or
individuals.
Personnel Matters:
In matters concerning BCSA personnel, the Superintendent/Executive Director can expect the
School Board to deal with all school employees through him or her as the chief executive officer
for BCSA.
Evaluation of Administrator Performance:
The Superintendent/Executive Director has a right to be advised when the School Board is
displeased with his or her job performance and to have an opportunity to make any necessary
improvement. The Superintendent/Executive Director should also be informed when his or her
job performance is pleasing to the Board. An annual performance evaluation will provide the
Superintendent/Executive Director adequate feedback on his or her job performance. Such
performance appraisals are not to dictate how the Superintendent/Executive Director’s job
should be done, but rather to provide the feedback necessary for both formative and summative
evaluation.
Legal Reference: 6‐13‐620 (5)(A)(i)(b). Section B-21
Code: BV
BOARD COMMITTEES
Special or standing committees may be appointed by the president at the discretion of the
Board or by a majority vote of the Board. Any special committee appointed by the president or
the Board will be discharged when the committee's work is completed or earlier if dissolved by a
majority vote of the entire Board. All reports of standing or special committees shall be made
directly to the Board as a whole.
Code: BW
ADVISORY COMMITTEES
The School Board may establish advisory committees as a means of involving citizens and
others in making suggestions for the operations of BCSA. The establishment and functioning of
advisory committees will be subject to the following requirements:
The Board will create the committee and issue its charge, and the committee's duties and
responsibilities will be fully outlined when it is appointed.
All advisory committees will be temporary. They can be disbanded at any time by the
School Board, by majority vote, and shall be disbanded when their reports have been
made to the Board.
Committee members shall be appointed by the Board. Vacancies will be filled by the
Board with the advice of the committee. Persons appointed will be residents and others
concerned with public education that is able to give the effort, time, and talents needed
for the committee's charge. At the discretion of the School Board, one or more of its
members may be appointed to serve on the advisory committee.
The School Board may appoint the chairperson, or it may appoint a committee member
to serve as chairperson until the committee selects a chairperson from its membership.
Meetings will be announced to all committee members and Board members through the
office of the Superintendent/Executive Director. Members of the Board, and the
Superintendent/Executive Director or a designee, may attend advisory committee
meetings.
At the conclusion of its assignment, the committee will submit a written report to the
Board. Only the School Board as a whole has authority to act on the report.
Section B-22
Code: BX
SCHOOL ATTORNEY/LEGAL SERVICES
The BCSA School Board may retain an attorney as needed for legal counsel and service in the
affairs of the BCSA.
The school attorney is authorized to render services as are approved in advance by the Board or
the Board's designee - Superintendent/Executive Director.
Except in unusual circumstances, all communications between the school attorney and BCSA
personnel and Board members shall be directed through the Superintendent/Executive Director
or his or her designee or the president of the Board. If inquiries are addressed directly to the
school attorney by other BCSA personnel, responses--in writing--shall be channeled through the
Superintendent/Executive Director or the president of the School Board.
Code: BY
BOARD CONSULTANTS/STAFF ASSISTANTS
The BCSA School Board may enlist the services of consultants to provide specialized advice or
assistance to BCSA concerning educational, legal, management or administrative matters where
it is deemed appropriate.
When knowledge or technical skills are needed that cannot be provided by school personnel,
outside consultant assistance may be considered.
Any proposed contracts with outside consultants shall be submitted to the Board for approval,
and will be accompanied by figures showing the actual or estimated cost of the consulting
project to BCSA. Where appropriate, bids for consulting services will be sought but the Board
will have ultimate discretion with respect to selection.
Consultants who serve BCSA will exercise no authority over the work of BCSA personnel, but
will act only as advisor in the field in which they are qualified to provide assistance.
Section B-23
Code: BZ
BOARD MEETINGS - GENERALLY
The School Board shall meet in regular monthly session(s) on a day and week designated for the
year.
All meetings of the BCSA School Board shall be designated by the Board and will be properly
publicized in accordance with Arkansas law.
All meetings of the School Board shall be open to the public. The order of business of any
regular meeting shall include an opportunity for the citizens to address the Board. The Board
does not, however, obligate itself to consider any request or proposal unless such request or
proposal is submitted in writing to the Superintendent/Executive Director at least 24 hours before
the scheduled meeting. This requirement is necessary in order to get the item placed on the
Board Meeting Agenda and obtain background information and/or data regarding the item to
allow informed consideration of the issues.
Legal References:
Code: BAA
REGULAR BOARD MEETINGS
The board will meet in regular session at least once a month and will schedule other official
Board meetings and committee meetings as are necessary.
Legal Reference: Ark Code Ann 6-13-619
Section B-24
Code: BAB
ADJOURNED BOARD MEETINGS
Any legal meeting of the School Board may be adjourned to a specific time and place. Only
items on the agenda of the meeting adjourned may be acted upon at the reconvened meeting.
The reconvened meeting will begin where the original meeting left off.
Code: BAC
SPECIAL BOARD MEETINGS
Special meetings of the School Board shall be called by the president or secretary/treasurer or
any three (3) members of the Board or when petitioned to do so by a petition in writing signed by
at least fifty (50) electors in the BCSA.
Except in cases of emergency, each member of the Board must be notified at least twenty-four
(24) hours prior to the special meeting as to the time, place, date and purpose of such meeting.
Notice of any special meeting shall be given to the news media as soon as is feasible but, at a
minimum, at least two (2) hours prior to the time for the meeting to convene.
No action shall be taken at any special meeting of the Board which does not come within the
purpose or purposes set forth in the call for the meeting. Only business related to the call of the
meeting will be considered, except by unanimous consent of the members present.
Legal References:
Ark. Code Ann. 25-19-106, 6-13-619
Section B-25
Code: BAD
EXECUTIVE SESSIONS
Within any regular or special meeting of the School Board, an executive session may be held for
the purpose of considering employment, appointment, promotion, disciplining or resignation of
any school employee or board member. The only person who may attend executive sessions of
the Board are the Superintendent/Executive Director, the employee's immediate supervisor, the
employee in question, and any person being interviewed for the position of
Superintendent/Executive Director. Neither the BCSA's attorney nor the employee's attorney
may attend an executive session. No minutes shall be taken during an executive session of the
Board.
1. Employment;
2. Appointment;
3. Promotion;
4. Demotion;
5. Disciplining; or
6. Resignation, of any public officer or employee.
7. Interview candidates for the position of Superintendent/Executive Director only
Executive sessions must never be called for the purpose of defeating the purpose or spirit of
Arkansas law concerning Open Public Meetings. No resolution, rule, contract, regulation, policy,
or motion considered or arrived at in executive session will be legal unless, following the
executive session, the School Board reconvenes in public session and presents and votes on
the matter.
Legal Reference:
Code: BAE
BOARD MEETING PROCEDURES
Meetings should be formal enough for the orderly conduct of school business, but at the same
time, informal enough to encourage and allow free discussion and to promote group thinking and
action. Board members are to refrain from unprofessional conduct such as filibustering on any
matter to prevent it from being adequately discussed or voted on, personal attacks upon fellow
board members, school personnel, patrons, or any behavior that diminishes the effectiveness of
the board to conduct business. In the event should such behavior occur the president of the
board may call for a motion to suspend the meeting and to reconvene at a later date.
The Board wants to be aware of the problems, concerns, requests and suggestions of the
community, but not allow the prolonged discussions of such items to interfere with attention to
the affairs of the BCSA.
Code: BAF
NOTIFICATION OF BOARD MEETINGS
Notification to the General Public:
All meetings, regular or special, of the BCSA School Board are open to the public. It is the policy
of the Board to announce well in advance whenever practical through the news media, the date,
time, and place of all regular and special meetings and the major topics to be discussed (an
agenda). All school personnel are also invited to attend Board meetings.
Notification to Board Members:
Written notice of each regular meeting, with an attached agenda, of the School Board shall be
provided electronically to each member at least four (4) days prior to each meeting.
Except in the case of an emergency, written 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. The written notice shall indicate the date, time, place and purpose(s) for the special
meeting.
Notification to the News Media:
Notice of all meetings shall be given to members of the news media as soon as is feasible and
at least two (2) hours prior to the time for the meeting to convene. Notification of regularly
scheduled and special called board meetings will be posted on the school’s website
(www.bcsa.k12.ar.us).
Section B-26
Code: BAG
AGENDAS FOR REGULAR BOARD MEETINGS
Order of Business:
The order of business at a regular meeting of the BCSA School Board shall be as follows:
1.
Call to order
2.
Establish quorum/Roll Call
3.
Pledge of Allegiance
4.
Comments from the Public
5.
Consent Agenda
6.
New Business
7.
Personnel
8.
Discussion of items since publication of the agenda
9.
Adjournment
Agenda Dissemination:
No action will be taken on any matter that has not been placed on the formal agenda delivered to
Board members in advance of the meeting unless a quorum is present and agrees to consider
such matter.
The agenda and supporting materials, including pertinent background information and
recommendations, shall be prepared by the Superintendent/Executive Director and distributed to
members of the Board at least four (4) days prior to the scheduled meeting. Minutes of the
previous Board meeting(s) shall also be distributed to the Board members in their meeting
packet.
Board Member Preparation:
Board members shall be expected to read the information provided them, and to contact the
Superintendent/Executive Director to request additional information that may be deemed
necessary to assist them in their decision-making responsibilities.
Section B-27
Code: BAH
QUORUM
A majority of the members (4) of the School Board shall constitute a quorum for the transaction
of business. A majority of the quorum voting affirmatively shall be required for the passage of
any motion or resolution.
Legal Reference:
Code: BAI
Date Issued: 2/15/02
RULES OF ORDER
The BCSA School Board shall observe the rules of parliamentary procedure contained in
"Robert's Rules of Order, Revised" except as otherwise provided by Board policy or by Arkansas
law in all its deliberations.
Code: BAJ
PARLIAMENTARIAN
Meetings of the BCSA School Board will be conducted in accordance with Robert's Rules of
Order, Revised, and the Board president shall function as the parliamentarian for resolving any
questions related to the rules of order in any meeting. The School Board, however, will not be
precluded from pursuing deliberations in an atmosphere of free exchange of information and
debate and will not be bound to adhere to the rules of order whenever more informal
deliberations may be determined warranted by the Board president or the Board.
Section B-28
Code: BAK
SUSPENSION OF RULES OF ORDER
In accordance with Robert's Rules of Order, the School Board may temporarily suspend or waive
parliamentary rules of order by a two-thirds (2/3) vote of the members present at the meeting.
Code: BAL
VOTING METHOD AT BOARD MEETINGS
At meetings of the Board, votes on motions and resolutions will be conducted by the
employment of "in favor of" and "against" or "abstention." Any member who abstains from voting
shall be counted as having voted against the motion or resolution. A majority of a quorum voting
affirmatively shall be required for the passage of any motion or resolution.
If a Board member announces a conflict of interest with regard to the issue under consideration,
the member may leave the meeting until the voting on the issue is concluded, and the member
who abstains from voting thereby shall not be counted as having voted.
Legal Reference:
Code: BAM
MINUTES OF BOARD MEETINGS
Minutes of meetings of the School Board should be kept by the Superintendent/Executive
Director or his/her designee. The minutes shall include a record of all actions taken by the
Board and resolutions and motions in full and the names of members making and seconding
them. Reports and documents relating to a normal motion may be omitted if they are referred to
and identified by title and date.
The minutes of the previous meeting(s) shall be considered and approved by the Board at the
next regular meeting. Upon approval, they constitute legal binding action and policy procedure.
The minutes shall become a permanent record of the Board, shall be signed by the Board's
secretary, and shall be kept in the BCSA Central Office.
Legal Reference:
Section B-29
Code: BAN
SCHOOL BOARD RECORDS
All School Board records, except those enumerated by Arkansas law, shall be open for
inspection and copying by the public during the regular business hours of the BCSA's central
administrative office. Citizens wishing to copy Board records will be charged a nominal fee
necessary to cover the cost of copying. If Board records are in active use or storage and,
therefore, not available at the time a citizen makes a request, a written verification of this fact
shall be given to the requestor. The notice shall state a date and time within three (3) working
days when the records will be made available. Minutes and monthly financial reports are posted
on the school’s website (www.bcsa.k12.ar.us) and are available for public viewing.
Legal Reference:
Code: BAO
PUBLIC PARTICIPATION AT BOARD MEETINGS GENERALLY
The Board desires citizens to attend School Board meetings so they may become better
acquainted with the operation and programs of the schools, and so the Board may have an
opportunity to hear the concerns and suggestions of the public. Citizens who wish to place a
specific matter on the agenda must make a written request to the Superintendent/Executive
Director at least 24 hours prior to the scheduled meeting. This shall come under the heading of
Comments from the Public on the agenda.
The president of the School Board will inform the audience of the procedures to be observed in
addressing the Board.
Code: BAP
PUBLIC PARTICIPATION AT BOARD MEETINGS - GUIDELINES
Education is a cooperative undertaking between the school and the community, and a
successful educational program can be developed only when there is understanding and open
communication. Citizens of the BCSA must recognize that all regular and special meetings of
the School Board are held in public but are not public meetings. The Board must adhere to its
published agenda in order to effectively conduct the business of BCSA. However, to
accommodate the needs of BCSA's patrons, the BCSA School Board allots in each of its
regularly scheduled meetings up to one-half (1/2) hour for citizens' participation.
Citizens are encouraged to refer school-related problems to appropriate school personnel rather
than initiate those during School Board meetings. If problems or concerns have not been
resolved through the administrative process, a citizen should be allowed an opportunity to
address the Board. The president or presiding officer of the Board will make every effort to
recognize, in the order in which they seek recognition, citizens who wish to address the Board.
Speakers are to give their names, and are to indicate whether they are speaking as an individual
or representing an organization.
The major purpose of citizens' participation is for the Board to hear citizens' views on ways to
improve the educational programs and processes of BCSA. Citizens should recognize that
personnel matters are not appropriate topics to be discussed at regular Board meetings.
Decorum requires that such matters be entertained in executive session in order to protect the
legal rights of all parties involved.
Members of the public speaking as individuals or organizations will be allotted five (5) minutes.
If time does not permit all those wishing to speak to do so, a sign-up sheet will be available for
those persons to register so that they can be recognized first at the next regularly-scheduled
meeting.
The intent of these guidelines is to allow a fair and adequate opportunity to be heard, to allow the
Superintendent/Executive Director to take action when policies have been established by the
Board on the subject of the request, to provide adequate time for the Board to obtain necessary
information concerning the subject, and to see that time so devoted to the discussion does not
interfere with the fulfillment of the scheduled agenda of the Board.
Section B-30
Code: BAQ
NEWS MEDIA
The School Board believes that one of it's paramount responsibilities is to keep the public
informed of its actions. Consequently, the local news media is welcome to attend all regular and
special meetings of the School Board with the exception of executive sessions.
1. A copy of the agenda will be sent in advance to members of the news media who request
it. Additionally, all reports approved by the Board shall be considered matters of official
record and shall be made available to the press. However, reports-in-progress on which
the Board has taken no final action shall be released only upon the Board's authority as
"tentative reports", except that unofficial minutes of Board meetings may be released by
the Superintendent/Executive Director or his/her designee as soon as practical.
2. In order that the Board may transact its business in an efficient manner, questions from
the news media will not be entertained while meetings are in progress. However, a
representative of the Board will be available after each meeting to answer reporters'
questions and to clarify points of discussion and action. The Board President shall be the
official public spokesperson for the School Board except for circumstances when this
responsibility is delegated to another Board member or school official.
3. In the event that representatives of the news media are unable to attend meeting, they
shall be provided upon request a summary of Board actions.
Section B-31
Code: BAR
BROADCASTING AND TAPING OF BOARD MEETINGS
Photographic and electronic audio and video broadcasting and recording devices may be used
at regular and special School Board meetings legally open to the public.
Code: BAS
SCHOOL BOARD WORK SESSIONS AND RETREATS
The BCSA School Board will conduct work sessions and retreats from time-to-time in order to
informally discuss in detail proposed policies, program changes or other items of concern
requiring in-depth examination. Any scheduled work sessions or retreats will be open to the
public.
Formal action by the Board may not be taken at such sessions or retreats.
Section B-32
Code: BAT
BOARD POLICY PROCESS
The BCSA School Board should adopt clearly defined written policies based on a thorough
understanding of the impact any policy will have on the educational processes of the BCSA. In
formulating policies, the Board should consult those individuals or groups to be affected by the
policies:
Staff Involvement in Policy Development
It shall be the stated policy of the School Board to encourage employee participation in the
policy-making process of BCSA. The Superintendent/Executive Director is authorized to
establish such committees as necessary to study and recommend policies for the efficient and
effective operation of BCSA.
Citizen Involvement in Policy Development
The School Board solicits the advice and counsel of citizens in formulating policies for the
operation of the BCSA. When developing or revising policies of particular concern to the public,
the Board may establish a citizen's committee to offer advice and suggestions. Such
committees shall be established in accordance with the Board's policy on advisory committees
(see BDF).
Additionally, any citizen of BCSA may recommend policies to the Board. Such policies or policy
revisions shall be referred in writing to the Superintendent/Executive Director for administrative
study and review prior to Board consideration and action.
Student Involvement in Policy Development
Most students desire greater input in the decisions which affect them, and their efforts are
welcomed by the School Board. The Board views student participation in school affairs as an
extension of the educational process. As a result, the Board encourages students to participate
through planned programs and procedures in the governance of BCSA and in curriculum
evaluation.
As citizens of BCSA, students have the right to acquire an education appropriate to their needs
and potential, and they have the responsibility to assist in developing regulations for student
conduct which provides for a learning climate conducive to the accomplishment of the
educational mission of BCSA. By participating more actively, students can be a resource to the
improvement of their school and to desirable communication.
School Attorney, Superintendent/Executive Director, and Board Involvement in Policy
Development
The Superintendent/Executive Director, as the chief policy draft writer for the Board, shall seek
legal counsel when, in his or her opinion or the Board's, there may be a question of legality or
proper legal procedure in the development of a proposed Board policy.
The Superintendent/Executive Director (or his or her designee) shall be responsible for recasting
Board consensus about policy recommendation into acceptable written form for further
deliberation and/or action by the School Board.
The BCSA School Board recognizes that changing conditions often necessitates change. The
Board shall periodically review its policies to reflect changing conditions and legal requirements.
The Board recognizes that while it is a policy-making body, the execution of policy is properly
delegated to the Superintendent/Executive Director and his or her professional staff.
The formulation and adoption of written policies shall constitute the basic method by which the
Board shall exercise its leadership in the operation of BCSA. The study and evaluation of
reports concerning the execution of its written policies shall constitute the basic method by which
the Board shall exercise its control over the operation of BCSA.
The formal adoption of policies shall be recorded in the minutes of the Board. Only those written
statements so adopted and so recorded shall be regarded as official School Board policy.
Section B-33
Code: BAU
BOARD POLICY DEVELOPMENT SYSTEM
The BCSA School Board adopts the policy development codification and dissemination system
developed and recommended by the National School Boards Association referred to as the
"NEPN/NSBA Policy Development System."
Code: BAV
Date Issued/Revised: 2/15/ 02, 3/6/2012
POLICY ADOPTION
Policies recommended to the School Board shall not be adopted until the next regularly
scheduled Board meeting subsequent to their initial introduction. The time lapse will permit
further study by Board members and allow for patron input.
Any changes or additions to the personnel policies may take effect before the next fiscal year
only if the changes or additions are approved by the Board and will take effect July 1 of the next
school year.
All certified teachers and administrators shall be furnished a copy of any new policies or
amendments to existing policies dealing with personnel within thirty (30) days after approval by
the School Board as specified by Arkansas law.
Legal References:
Section B-34
Code: BAW
POLICY REVISION AND REVIEW
The process of appraisal of existing written policies shall be continuous, and items may be
included on the agenda at any time at the suggestion of individual Board members or the
Superintendent/Executive Director (or his or her designee). The BCSA School Board shall meet
as a committee on an as needed basis to appraise existing Board policies.
Code: BAX
BOARD REVIEW OF ADMINISTRATIVE POLICY GUIDELINES
The Superintendent/Executive Director shall prepare and disseminate any administrative
guidelines necessary to implement School Board policy, and shall review such guidelines
periodically to determine their effectiveness in carrying out official Board policy.
The School Board shall retain the prerogative to review any and all administrative guidelines and
may suggest or direct that certain guidelines be added, modified, or deleted.
Code: BAY
POLICY COMMUNICATION AND FEEDBACK
The Superintendent/Executive Director is directed to establish and maintain an orderly plan for
preserving and making accessible the policies adopted by the School Board and the
administrative guidelines and regulations needed to put them into effect.
Accessibility is to extend to all BCSA personnel, to members of the Board, and insofar as is
conveniently possible to all persons in BCSA. The Superintendent/Executive Director is also
responsible to ensure that all policies adopted by the Board are disseminated to BCSA
personnel, citizens, and the news media as required by Arkansas law.
Section B-35
Code: BAZ
BOARD COMMUNICATIONS - GENERALLY
Significant communications from personnel, students, parents, citizens, and other individuals or
organizations to individual School Board members or to the Board as a whole, are to be
conveyed to the Superintendent/Executive Director for dissemination to the entire Board with
materials for the next appropriate meeting. Board meeting agendas may list for consideration
communications received by the Board from the public. The listing for consideration will not
include anonymous letters addressed to the Board as those will be to the Board for information
only.
Communications to individual Board members requesting action or a statement of view may be
acknowledged. It is recommended that an answer which commits the Board member should be
avoided until the full Board has reviewed the issue. Statements of a Board member's opinion to
any citizen will be clearly identified as an individual opinion which does not necessarily reflect the
views of the entire Board.
Communications inviting all the members of the School Board to attend meetings and functions
should be answered by the Board Secretary/Treasurer, to whom the individual Board members
should convey their responses.
Code: BBA
BOARD COMMUNICATIONS WITH BCSA PERSONNEL
The School Board desires to maintain open channels of communication between itself and
BCSA personnel. The basic lines of communication will, however, be through the
BCSA Personnel Communication to the Board
All communications or reports to the Board or any Board committee from principals, teachers, or
other staff members shall be submitted through the Superintendent/Executive Director. This
necessary procedure will not be construed as denying the right of any employee to appeal to the
Board
from
administrative
decisions
on
important
matters,
provided
the
Superintendent/Executive Director shall have been notified of the forthcoming appeal and that it
is processed in accordance with Board policy or state law. BCSA personnel are also reminded
that Board meetings are public meetings and provide an excellent opportunity to observe first
hand the Board's deliberations on items of concern and to participate as provided by Board
policy.
Board Communications to BCSA Personnel
All official communications, policies, and directives of employee interest and concerns will be
communicated to BCSA personnel through the Superintendent/Executive Director. The
Superintendent/Executive Director shall employ such means as are appropriate to keep BCSA
personnel informed of the Board's actions and concerns.
Visits to School
Individual Board members interested in visiting school or classrooms will make arrangements for
visitations through the Superintendent/Executive Director. Such visits will be regarded as
informal expressions of interest in school affairs and not as "inspections" or visits for supervisory
or administrative purposes. Official visits by Board members will be carried on only under Board
authorization and with the full knowledge of BCSA personnel, including the
Superintendent/Executive Director and building principals.
Social Interaction
BCSA personnel and Board members share a keen interest in the school and education
generally, and it is expected that when they meet at social affairs and other functions, they will
informally discuss such matters as educational trends, issues, and innovations and general
BCSA problems. However, BCSA personnel are reminded that individual Board members have
no special authority except when they are convened at a legal meeting of the School Board or
vested with special authority by Board action.
Section B-36
Code: BBB
NEW BOARD MEMBER ORIENTATION AND TRAINING
Orientation of New Board Members
Each new member of the School Board will be afforded every opportunity to become oriented to
the functions and responsibilities entailed by election to the Board. It will be the duty of the
Superintendent/Executive Director and the administrative staff to assist each new member-elect
to understand the Board's functions, policies, procedures, and operation of the BCSA before he
or she takes office. At a minimum, the following procedures will be employed.
The new electee will be given selected materials on the functions of the School Board
and of the school;
The incoming member will be invited to meet the Superintendent/Executive Director and
his or her administrative staff and to discuss the services they provide for the Board; and
A copy of the School Board's policies will be provided each new member of the Board.
Required Training
Newly elected Board members will complete the legally mandated minimum of nine (9) hours of
training and instruction in Arkansas school law and in the laws governing the powers, duties, and
responsibilities of school boards no later than December 31 of the year following their election to
the board. Example: A newly elected board member who takes office on the BCSA board on
July 1, 2012 must complete nine (9) hours of state approved training by December 31 of 2013.
Returning board members must complete six (6) approved hours during the calendar year
January 1 – December 31 each year.
Legal Reference:
Section B-37
Code: BBC
BOARD MEMBER DEVELOPMENT ACTIVITIES
Board members are encouraged to participate in the activities of the Arkansas School Boards
Association and the National School Boards Association. Members of the BCSA School Board
should strive to become well informed in order to effectively perform their duties.
Code: BBD
BOARD MEMBER FACILITIES AND SERVICES
For purposes of records storage, study, meeting preparation, and other related needs, space will
be made available at the administrative central offices for the use of School Board members.
In addition to all official Board correspondence and reports being provided through the office of
the Superintendent/Executive Director, clerical services will be made available to Board
members upon request for school related matters. Administrative assistance also will be
available to Board members. All such services and assistance will be coordinated by the
Section B-38
Code: BBE
BOARD MEMBER COMPENSATION AND EXPENSES
No member of the BCSA School Board shall receive compensation for his or her services as a
member or as an officer of the Board.
Board members may receive reimbursement for expenses incurred while conducting official
business, if so authorized by the School Board as a whole. This reimbursement will be provided
under the per diem guidelines set by BCSA.
Section B-39
Code: BBF
ANNUAL BOARD SELF-EXAMINATION
Annually the BCSA School Board will plan for and carry through an appraisal of its functioning as
a Board. This appraisal may be based on a broad set of criteria. The appraisal plan will be
developed by the Board President and an ad hoc committee appointed by the Board as a whole,
working with the Superintendent/Executive Director. Such appraisal instruments may be used
as the Board considers desirable. Upon Board approval, an outside consultant may develop and
lead the appraisal session or sessions.
Code: BBG
SCHOOL BOARD MEMBERSHIPS
The BCSA School Board will maintain memberships in the national and/or state school board
associations and take an active part in the activities of these groups. It may also maintain
institutional memberships in other educational organizations which the Superintendent/Executive
Director and the Board find to be of benefit to Board members and BCSA personnel.
CHAPTER C
General School Administration
Policy Code
Section
CA
General Administration Goals and Objectives............................ C-2
CB
Administrator
CC
School Administrator Qualifications........................................ C-3
CD
Recruitment of Administrator ................................................ C-4
CE
Administrator Powers, Duties and Responsibilities.................... C-4
CF
Administrator Administrative Procedures................................. C-6
CG
Administrator's Contract....................................................... C-7
CH
Administrator's Salary, Compensation, and Benefits.................. C-8
CI
Administrator's Conduct...................................................... C-8
CJ
Administrator's Professional Development Opportunities............ C-9
CK
Administrator's Consulting Activities........................................ C-9
CL
Evaluation of the Administrator............................................. C-9
CM
Line and Staff Relationship-BCSA......................................... C-11
CN
Line and Staff Relationship-Central Office Administrators........... C-12
CO
Line and Staff Relationship-Administrator/Principals.................. C-13
CP
Administrator.................................................................... C-14
Generally.................................................... C-2
CQ
Administrative Personnel - Generally ..................................... C-14
CR
Administrative Personnel - Selection and Terms of Employment.. C-15
CS
Administrative Personnel - Selection Criteria............................ C-16
CT
Administrative Personnel - Assignment and Transfer................. C-16
CU
Administrative Personnel
Evaluation.................................... C-17
CV
Retirement................................... C-17
CW
Administrative Personnel - Health Examination......................... C-18
CX
Administrative Personnel - Time Schedules............................. C-18
CY
CZ
Development of Regulations................................................
CAA
School Board Review of Regulations.....................................
CAB
Communication of Regulations............................................. C-19
CAC
Handbooks and Directives................................................... C-19
CAD
Administrative Consultants................................................... C-20
Expenses.................................... C-18
C-18
C-19
Section C-2
Code: CA
Date Issued:
2/15/02
GENERAL ADMINISTRATION GOALS AND OBJECTIVES
The administration of the BCSA responsible, within the guidelines established by School Board
policy, for the direction and coordination of students and staff in their efforts to reach the
educational goals and objectives adopted by the Board. Administration must be based upon
positive human relationships in order to serve as the foundation for the effective operation of the
entire educational system. Without such a base, the BCSA will lack that uniting force which
makes everybody in the organization feel important regardless of the tasks or duties which he or
she is assigned.
The BCSA School Board expects the administration to demonstrate expertise in:
The processes of empowerment, teamwork, decision making, and communication.
Planning, organizing, implementing, monitoring, and evaluating educational programs.
The effective coordination of resources within the school and the community so as to
enable people to do things together for education that they might never be able to do
separately.
The demonstration of leadership.
The development and maintenance of close working relationships and channels of
communication within the school and community.
The development of a climate of cooperation toward attaining the educational goals and
objectives set by the Board.
Code:
CB
Date Issued: 3-10-97
ADMINISTRATOR - GENERALLY
It will be the policy of the BCSA School Board that the Board delegates its executive powers to
the administrator so that he or she has the necessary flexibility to effectively manage and lead
the BCSA according to the provisions of Board policy, federal, and state law. The School Board
reserves to itself the ultimate decision on all matters concerning policy, expenditure of funds, and
those matters specified as the responsibility of the Board as enumerated by federal or state law.
Section C-3
Code: CC
SCHOOL ADMINISTRATOR - QUALIFICATIONS
To be eligible for the position of administrator a person must possess those qualifications set
forth by the Arkansas Department of Education and the North Central Association of Colleges
and Schools. The Board considers these to be minimum standards and shall seek to employ a
person who exceeds these requirements whenever possible.
The North Central Association of Colleges and Schools for Administrator are as follows: have
earned at least 60 hours of graduate credit, inclusive of the masters degree; no less than 30
semester hours of graduate credit shall have been in administration, supervision, and related
fields; a minimum of four years of professional experience.
The Administrator must live in the BCSA or be willing to relocate to the BCSA.
In addition to the minimum requirements as set forth by the state and the North Central
Association of Colleges and Schools, the Administrator shall possess the following qualifications:
Have good character and unquestionable morals and integrity.
Have the ability to think clearly and independently and exercise good judgment.
Have the capability to accept responsibility and to make decisions.
Demonstrate effective and efficient educational and business leadership.
Have the ability to select and develop capable school personnel.
Have knowledge, skills, and understandings of the purposes and processes of public
education.
Demonstrate the ability to effectively communicate with others.
Have a disposition that lends itself to cooperation with school personnel, community
groups, and citizens of the BCSA.
Section C-4
Code: CD
RECRUITMENT OF ADMINISTRATOR
To provide the most capable leadership available for the BCSA, the School Board will engage in
a search for applicants for the position of administrator. The services of consultants may be
engaged to assist in screening candidates to be interviewed by the Board.
In seeking candidates for the position of administrator, the Board may ask for assistance from
the Arkansas Department of Education and the state universities.
Code: CE
ADMINISTRATOR POWERS, DUTIES AND RESPONSIBILITIES
The administrator is the chief executive officer of the BCSA and is the administrative head of all
divisions and departments of the BCSA. The Administrator shall provide the leadership
necessary to develop and maintain the best possible educational programs and services. The
Administrator shall supervise, either directly or indirectly, all employees of the BCSA and shall
report to the School Board. The Administrator's specific responsibilities shall be as follows:
1. Attend and participate in all meetings of the Board and its committees, except when his
or her own employment or salary is under consideration.
2. Prepare and submit to the Board recommendations relative to all matters requiring Board
action, placing before the Board such necessary and helpful facts, information and
reports as are needed to insure the making of informed decisions.
3. Report to the Board such matters as deemed necessary to the understanding and proper
management of the school, or as the Board may request.
4. Maintain a set of written policies and procedures for the guidance of the school and
advise the Board on the need for new and/or revised policies.
5. Interpret for the staff and cause to be implemented all Board policies and all federal and
state laws relevant to public education.
6. Submit to the Board a clear and detailed explanation of any proposed procedure that
would involve either departure from established policy or the expenditure of substantial
sums.
7. Assume responsibility for the overall financial planning of the BCSA and for preparation
of the annual budget recommendation, and submit it to the Board for review and
approval.
8. Establish and maintain efficient procedures and effective controls for all expenditures of
school funds in accordance with the adopted budget, subject to direction and approval of
the Board.
9. Define educational needs and formulate policies and plans for recommendation to the
Board.
10. Secure and recommend for employment the best qualified and most competent
personnel.
11. Assign, transfer, and define the duties of all personnel as the interest of the BCSA may
dictate, and report such action to the Board for information and record.
12. Temporarily suspend or place on probation, as provided by law, any employee for just
cause, and report such action to the Board.
13. Recommend to the Board for final action the promotion, salary changes, demotion, or
dismissal of any employee.
14. Summon employees of the BCSA to attend such regular and special meetings as are
necessary to carry out the educational program of the BCSA.
15. Serve as the medium for all communication with the Board from all school employees.
16. Delegate at own discretion to school personnel the exercise of any duties and authority
with the knowledge that such does not relieve the Administrator of final responsibility for
the action taken under such delegation.
17. Accepts responsibility for the general efficiency of the school, for the development of the
school staff, and for the educational growth and welfare of the students.
18. Make decisions, rules and give such instructions to school employees, as may be
necessary to make the policies and regulations of the Board effective in the management
of the school, and in all matters not covered by these regulations, to act in his or her
discretion if action is necessary, but to report such action to the Board for its information
and approval.
19. Represent the Board as liaison between the school and the community.
20. Establish and maintain a program of school-community relations designed to keep the
public well informed of the activities, needs, problems and achievements of the school,
thus effecting a wholesome and cooperative working relationship between the school and
community.
21. Develop and implement strategies that are designed to effect wholesome and
cooperative working relationships among and between all school employees.
22. Keep abreast of the latest educational trends by advanced study, by visiting school
systems elsewhere, by attending educational conventions and conferences, and by other
appropriate means.
23. Recommend to the Board for its adoption all courses of study, curriculum guides, and
major changes in texts and time schedules to be used in the school.
24. Make recommendations with reference to the location and size of new school sites and
additions to existing sites; the location and size of new buildings or school sites, the plans
for new school buildings, all appropriations for sites and buildings; and improvements,
alterations and changes in buildings and equipment of the BCSA.
25. Serve as the Board's ex-officio financial secretary and as an ex-officio member of all
Board committees.
26. Assume responsibility for the use and care of all school buildings, grounds, vehicles, and
property.
27. Abide by the Code of Ethics for School Administrators, and statement of School Board
expectations of the Administrator.
28. Perform other tasks as assigned by the Board.
Section C-6
Code: CF
ADMINISTRATOR - ADMINISTRATIVE PROCEDURES
Administrator Roles
The operation of the schools in all its aspects shall be under the direct administration of the
administrator operating in a ministerial capacity with respect to legislation passed by state
agencies or by the School Board, and in an executive capacity with respect to policies agreed
upon by the Board.
The administrator, after consultation with interested persons, shall present to the Board a plan
for the administration of the school setting out clearly the methods of procedures to be used in
the formulation of the budget; for requisitions, ordering of an payment of supplies, equipment,
and special services; for the operation of physical plant; the selection of teachers; for the
operation of the supervisory program; for the transportation of pupils; for internal administrative
methods; for methods of handling suggestions and complaints from the public; for plans for
promotion; for standards of achievement; for extra curricular activities, and the handling of funds
connected therewith; for health services; for reports to parents; for courses of study and
curricula; for school discipline; for educational and financial accounting and inventories of fiscal
properties; for school attendance; for rules governing absence of employees; for publications;
and for such other areas as he or she may choose, with approval of the School Board, or as the
School Board may from time to time designate.
Information to the Board
The administrator shall keep the School Board informed with respect to the operation of the
various plans adopted as Board policy so that members of the Board may be fully aware of their
effect upon the school. All such plans shall be subject to modification upon recommendation by
the Administrator to the School Board or by direct action of the Board at any meeting.
The administrator or any member of the Board, at any time, may propose that all or part of a plan
for the administration of any of the above phases or work of the school may be made a matter of
Board regulation, and such proposal shall be considered in the regular manner established for
the enactment of rules and regulations.
Decisions
If any administrative problem arises within the school, and it is not covered by previously
adopted administrative procedures, the Administrator shall have the power to act, but his or her
decisions shall be subject to review by action of the Board at its next regular meeting.
Section C-7
Code: CG
ADMINISTRATOR'S CONTRACT
The appointment of the administrator will be secured through an explicit written contractual
agreement, which will state the terms of the contract, compensation and other benefits, and
other conditions of employment. The contract will meet all state requirements and will protect
the rights of both the School Board and the Administrator.
The BCSA School Board shall appoint the administrator for a term not to exceed three years.
The contract shall be reviewed annually at the February meeting of the Board and may be
renewed. If at any time, in the opinion of the majority of the Board, the Administrator's services
are deemed unsatisfactory, he or she shall be notified in writing and given an opportunity to
correct the conditions. If the unsatisfactory conditions are not appropriately corrected, the
Administrator shall be given notice in writing at least three months before expiration of his or her
contract that the Administrator's services will not be retained.
Legal Reference:
Section C-8
Code: CH
ADMINISTRATOR'S SALARY, COMPENSATION AND BENEFITS
The Administrator's salary, compensation, and benefits shall be established by the School Board
at the time of contract issuance or renewal.
Code: CI
ADMINISTRATOR'S CONDUCT
The Administrator is expected to be ethical in all his or her dealings and will observe established
professional rules of conduct and shall not:
Disclose or use confidential information acquired in the course of employment to further
substantially his or her personal financial interests.
Accept a gift of substantial value or substantial economic benefit tantamount to a gift of
substantial value which would tend to improperly influence a reasonable person in his or
her position or which he or she knows or should know is primarily for the purpose of
rewarding the Administrator for action taken in which he or she exercised discretionary
authority.
Engage in a substantial financial transaction for the Administrator's private business with
a person he or she supervises.
Perform any action in which he or she has discretionary authority which directly and
substantially confers an economic benefit on a business or other undertaking which the
Administrator has a substantial financial interest or in which he or she is engaged as a
counsel, consultant, representative, or agent.
It is permissible for the administrator to receive:
An occasional non-pecuniary gift which is insignificant in value.
A non-pecuniary award publicly presented by a nonprofit organization in recognition of
public service.
Payment or reimbursement for actual and necessary expenditures for travel and
subsistence for attendance at a convention or other meeting at which the Administrator is
scheduled to participate.
Reimbursement for or acceptance of an opportunity to participate in a social function or
meeting which is not extraordinary when viewed in light of the Administrator's position.
Items of perishable or nonperishable value including but not limited to meals, lodging,
travel expenses, or tickets to sporting, recreational, educational, or cultural events.
Payment for speeches, debates, or other public events reported as honorariums.
Section C-9
Code: CJ
ADMINISTRATOR'S PROFESSIONAL DEVELOPMENT OPPORTUNITIES
The BCSA School Board encourages the Administrator to make every effort to stay abreast of
educational trends and to seize opportunities for exploring new ideas and programs that may be
used to advantage the BCSA. The Board may approve the payment of the Administrator's
expenses for attending local, state, and national workshops, conferences, and conventions.
Code: CK
ADMINISTRATOR'S CONSULTING ACTIVITIES
The administrator will devote his or her full-time, skills, labor, and attention to the direction and
supervision of the BCSA, and will not, during the term of employment, be engaged in any other
business. By agreement with a majority of the members of the Board, however, the
Administrator may undertake for remuneration consultative work, speaking engagements,
writing, lecturing, membership and office in educational and civic organizations, or other
professional duties and obligations.
Code: CL
EVALUATION OF THE ADMINISTRATOR
An important responsibility of the School Board is the evaluation of the administrator and its
obligation to supervise and oversee his or her job performance. This annual performance
appraisal serves a number of purposes:
The Board discharges its responsibility to insure the effective performance of the
Administrator;
A determination is made as to what the School Board expects the Administrator and his
or her staff to accomplish;
The respective roles of the Board and the Administrator are clarified;
Problem areas are identified with respect to the Administrator's performance and BCSA
needs, and methods of improvement are suggested;
Particular strengths of the Administrator's leadership should be noted;
Effective communication between the Board and the Administrator is facilitated;
Accountability of the school to students, parents, teachers, administrators and citizens is
fostered.
To effectively accomplish their responsibility of evaluation, the Board will at least annually:
Conduct a formal evaluation of the Administrator's performance.
Use a written appraisal form or forms as adopted and amended from time to time by the
School Board.
Meet in executive session to review and assess the Administrator's performance and to
discuss the formal evaluation process. After such session, the Board will meet with the
Administrator and share its comments and if necessary, an action plan will be formalized,
and goals for improvement established.
Issue a written summary evaluation report to the Administrator that cites meritorious as
well as deficient performance and confirms the establishment of an action plan and
formulation of goals for improvement.
Maintain and update a comprehensive position description for the job of Administrator.
Section C-11
Code: CM
LINE AND STAFF RELATIONSHIPS
School Board
Administrator
Executive
Secondary
Elementary
Director
Program
Program
Business
Director
Principals
Executive
Director
Director
Personnel
Assistant Administrators
Certified Staff
Classified Staff
Director
of
Technology
Section C-12
Code: CN
LINE AND STAFF RELATIONSHIP-EXECUTIVE DIRECTORS
Section C-13
Code: CO
LINE AND STAFF RELATIONSHIP-ADMINISTRATOR
Administrator
TEACHERS
COUNSELOR
LIBRARIAN
TEACHER
SECRETARY
LIBRARY
ASST.
AIDE
OFFICE STAFF
HEAD CUSTODIAN
CUSTODIAN
Section C-14
Code: CP
ADMINISTRATORS
Within the limits of Arkansas law, School Board policy, and directives from the Administrator, the
administrator will be the administrative authority of his or her assigned school. The administrator
is responsible for a thorough knowledge of all laws, regulations, and instructions governing the
position. The administrator will coordinate all administrative and supervisory activities which
occur in the building. The administrator will be responsible for the coordination of the work of
assistant administrators, teachers, and all building staff. The administrator will be responsible for
the administration of school policies in his or her school and for making available to building staff
a knowledge of such regulations as they are enacted by the School Board or formulated by the
school Central Administration. The administrator is responsible for the detailed organization of
the school, the assignment of duties of staff members within the school, and the administration
of the instructional program.
The administrator will handle all complaints from patrons or parents which affect the
school, investigate the same, and refer to the central administration all cases which
cannot be adjusted satisfactorily.
The administrator is responsible for the efficiency and effectiveness of teachers and other
staff members within the building and will evaluate them in accordance with established
BCSA procedures.
The administrator will have the power to suspend students temporarily and make
recommendations for reassignment, long-term suspension or expulsion. The
administrator may assign this responsibility to the assistant administrator(s). The
administrator will work closely with central office personnel to enforce the requirements of
the Arkansas compulsory attendance laws.
Code: CQ
ADMINISTRATIVE PERSONNEL - GENERALLY
This section contains personnel policies and regulations which relate only to administrators who
report directly to the Administrator and any other administrators who are directly responsible for
the formal supervision and formal evaluation of staff members, and includes assistant
administrators and other administrators up to executive directors. It excludes policies relating to
coordinators, consultants, specialists, directors, and staff members with other titles who are
responsible for the coordination and supervision of programs, in contrast to employees.
Other personnel policies can be found in the following sections:
Those relating to all BCSA personnel - GA and GB.
Those relating to all professional (certified personnel) - GC.
Those relating to all support/classified staff (non-certified personnel) - GD.
Section C-15
Code: CR
ADMINISTRATIVE PERSONNEL - SELECTION AND TERMS OF EMPLOYMENT
Selection
Selection of administrative personnel shall be by nomination of the administrator. Administrative
salaries and other benefits are based on a salary schedule adopted in March of each year by the
Board of education.
Renewal
In conformity with Arkansas law, administrative personnel, except for the Administrator and any
assistant Administrators, are automatically re-employed unless they are notified by May 1, by the
Administrator that their contract will not be renewed. All offers to renew annual contracts shall
expire if not accepted in writing and returned to the central administration office within ten days
of issuance.
Administrative personnel are eligible for coverage under the state Workmen's Compensation
Plan.
Terms of Employment
All terms of employment are determined at hiring or renewal pursuant to Arkansas law.
Legal
References:
301
6-17-302
Section 6-17-1401 et seq.
Section 6-17-1502
Ark.
Code
Ann.
Section
6-17Ark. Code Ann. Section
Ark. Code Ann.
Ark. Code Ann.
Section C-16
Code: CS
ADMINISTRATIVE PERSONNEL - SELECTION CRITERIA
Administrative personnel shall be hired by the School Board after consideration of the
recommendation by the Administrator. Selection shall be based on the following general criteria:
1. Appropriate certification.
2. Personal interview.
3. Quality of credentials.
4. Experience and past performance.
5. Knowledge of and insight into issues involving public education.
6. Health qualifications.
7. Potential contribution to the school.
Legal References:
401
6-17-402
Ark. Code Ann. Section 6-17Ark. Code Ann. Section
Code: CT
ADMINISTRATIVE PERSONNEL - ASSIGNMENT AND TRANSFER
Appropriate placement and transfer practices for school administrators should enhance effective
utilization of skills and abilities and the professional growth of individuals. These objectives can
best be achieved through the provision of some variety of administrative assignment over a
period of years, and the best possible matching of known administrator strengths to identified
current needs of the BCSA.
The School Board delegates the authority to the administrator for the effective assignment and
transfer of school administrators in the BCSA. In making decisions on assignments, the
Administrator will give consideration to:
The needs of the BCSA as perceived by the Board and central administration;
Length of current assignment in the BCSA;
The administrator's expressed preferences;
The administrator's professional experience and compatibility of leadership style to the
proposed assignment;
Opportunities provided for professional growth in the proposed assignment.
Legal Reference:
Section C-17
Code: CU
ADMINISTRATIVE PERSONNEL - EVALUATION
In developing and/or revising the program of evaluation, the administrative staff should be
consulted.
The purpose of evaluation is to identify strengths and weaknesses of individual administrators, to
assist in providing a program of improvement, and to provide a basis for recommending their reemployment, probationary status, or termination.
The evaluation shall be conducted prior to contract renewal by the Administrator and according
to the provisions of Arkansas law.
All staff will be given the opportunity to critique administrative personnel using a narrative critique
form which will be available in all buildings during the first week of April. The purpose of the
critique is to address strengths, needs and suggestions for growth. The form should be
completed in ten (10) working days. One copy will be forwarded to the administrator being
critiqued. Administrative personnel will maintain a file of the narrative critiques which will be
available to the Administrator. The staff member doing the critique may keep a confidential
copy.
Administrative personnel may request a post conference with any employee who complete a
critique form.
Legal Reference:
Ark. Code Ann. Section 6-17-1501 et seq.
Code: CV
ADMINISTRATIVE PERSONNEL - RETIREMENT
Employees of the BCSA upon retirement shall be eligible for benefits of the Arkansas Retirement
System, and other benefits as prescribed by law.
Section C-18
Code: CW
ADMINISTRATIVE PERSONNEL - HEALTH EXAMINATION
Professional personnel must submit a health certificate attesting to the person's freedom from
tuberculosis. The health certificate may be submitted anytime between three months prior to the
start of the school year and the end of the first month's employment. Persons employed after
the opening of school will have 30 days to secure a health certificate. Payroll may be delayed
until a certificate is on file.
Legal Reference:
Code: CX
ADMINISTRATIVE PERSONNEL - TIME SCHEDULES
The administrator shall schedule or assign each teacher by the first day of the school term.
Code: CY
ADMINISTRATIVE PERSONNEL - EXPENSES
Administrative personnel may be reimbursed for expenses incurred for attendance at
professional meetings as approved by the Administrator. Funds for this purpose are to be
provided from the school budgets.
Code: CZ
DEVELOPMENT OF REGULATIONS
The School Board delegates to the administrator the function of specifying required actions and
designing the detailed arrangements under which the BCSA will be operated in accordance with
Board policy and state law. These detailed arrangements constitute the regulations governing
the BCSA.
In the development of regulations, the Administrator will involve at the planning stage those who
would be primarily affected by them; for example teachers, students, parents, etc.
The School Board will adopt regulations when Arkansas state law requires the Board to do so, or
if recommended by the administrator.
Section C-19
Code: CAA
SCHOOL BOARD REVIEW OF REGULATIONS
The School Board will review, when appropriate, regulations developed by the administration to
implement Board policy, but it will revise or veto such regulations only when, in the Board's
judgment, they are inconsistent with policies adopted by the Board.
Regulations need not be approved by the Board in advance of issuance except as required by
state law or in cases when strong community attitudes, or possible student or staff reaction,
make it necessary or advisable for the regulation to have the Board's advance approval.
Code: CAB
COMMUNICATION OF REGULATIONS
Regulations will be appropriately coded and included as regulations in the School Board's policy
manual, which will be available at the central administration office and in each school building.
The administrator will also devise other means for disseminating particular regulations prior to
their effective date to those personnel, students, parents, or citizens affected by any such
regulation.
Code: CAC
HANDBOOKS AND DIRECTIVES
In order that pertinent Board polices, regulations, school rules and procedures and relevant laws
may be known by all personnel and students affected by them, BCSA administrators are granted
authority to issue personnel and student handbooks as found necessary and as required by
state law.
The School Board will review and approve the BCSA personnel handbook and student
handbooks in order that the contents may be accorded the legal status of Board approved policy
and regulations. The administrator shall use his or her own judgment as to whether other
specific handbooks need Board approval; however, all handbooks published are to be made
available to the Board for informational purposes.
Section C-20
Code: CAD
ADMINISTRATIVE CONSULTANTS
When knowledge or technical skills are needed that cannot be provided by school personnel,
consultant assistance may be considered. All consultants will be approved by the administrator
or his or her designee prior to the invitation and arrangement for visitation by such person or
persons to the BCSA. Any proposed contracts with consultants will be submitted to the School
Board for approval, and will be accompanied by figures showing the estimated cost of services.
Consultants who serve the BCSA will exercise no authority over the work of BCSA personnel,
but will act only as advisors in the field in which they are qualified to offer assistance. All
supervision of personnel remains under the control of those to whom such responsibility has
been delegated by the Administrator.
CHAPTER D
Fiscal Management
Policy Code
Section
DA
Inventories............................................................. .......... D-2
DB
Activity Funds Management................................................... D-2
DC
School Properties Disposal Procedure.................................... D-3
DD
Fundraising Activities.......................................................... D-3
Section D-2
Code: DA
INVENTORIES
For conservation and control, a continuing inventory will be kept of the BCSA's capital
equipment. Each school will maintain a complete inventory book. A duplicate record book
containing all school inventories will be maintained by the business office.
A running inventory of school property maintained in the BCSA warehouse will also be kept.
Supplies, small tools, and consumable materials will be inventoried annually.
Code: DB
ACTIVITY FUNDS MANAGEMENT
The activities fund includes student organizations, parent organizations, and any other funds
belonging to the student/class group or activity.
Whether these funds are collected from student contributions, club dues, for special activities, or
result from admissions to special events or from other fund-raising activities, all such funds will
be under the jurisdiction of the administrator. They will be properly accounted for and used only
for authorized purposes.
The activity funds of each school will be audited by the auditor selected to make the audit of all
BCSA funds.
Monthly reports will be submitted to the administrator regarding the status of all activity funds in
such form as he/she may subscribe.
School athletic program funds will be administered separately, and a checking account will be
maintained for athletic funds. Purchase orders drawn against such account will be processed
and signed by the director of athletics and administrator. A monthly report of this account will be
made
to
the
administrator
in
such
form
as
he/she
may
subscribe.
Section D-3
Code: DC
SCHOOL PROPERTIES DISPOSAL PROCEDURE
When equipment, books, and materials become worn out, obsolete, surplus, or otherwise
unusable in the school, the Administrator may authorize their disposal in a manner to the
systems best advantage, provided that the unit value of the items is not more than $1000 nor the
total value more than $5000. If values are in excess of those amounts, formal authorization for
negotiated sale or for putting the items to bid will be obtained from the Board.
It will be certified in all bids and for all negotiated sale or for putting the items to bid will be
obtained from the Board.
It will be certified in all bids and for all negotiated sales that the bidder or purchaser is not an
officer or employee of the system nor a member of the immediate family of an officer or
employee.
If a reasonable attempt to dispose of surplus properties fails to produce a monetary return to the
system, the Administrator is authorized to dispose of them in some other way.
Any item purchased with federal money will not be sold until written authorization is given from
the agency which contributed the money.
Code: DD
FUNDRAISING ACTIVITIES
No fundraising shall be permitted without prior application to and approval by the Administrator
or his/her designee.
To be approved, the fundraising activity must be:
A. Educationally sound and contributory to the attainment of educational objectives.
B. Appropriate to the age or grade level of students to be involved.
C. One in which school may appropriately engage.
D. Conducted under the supervision of teachers and administrator.
E. Conducted in such a manner and at such times as not to encroach upon instructional
time or interfere with class time.
F. Not unduly demanding of teacher time.
G. Provide, wherever possible, particularly at the elementary level, parental sponsorship.
H. Periodically evaluated by teachers, administration and students.
An annual report will be submitted at the end of each school term which will permit Board
appraisal of the stewardship of these activities
CHAPTER E
Support Services
Policy Code
Section
EA
Use of School Facilities......................................................... E-2
Section E-2
Code: EA
USE OF SCHOOL FACILITIES
School facilities are provided to meet the educational needs of students. School activities shall
have first priority for facility use. The School Board believes that when school facilities are not in
use for school programs, the facilities which are constructed and maintained through the
expenditure of public funds should be used to the fullest extent possible by community groups
and agencies.
In order to assure that this accommodation may be extended to the entire community, it is
necessary to ask that procedures for the use of the school facilities be adopted and made
available to the general public. The administration of the school shall prescribe an orderly
process for utilization of school facilities by community groups and agencies. Provisions for the
control and protection of these public facilities will be established. The rules and regulations
may require that cut-of-pocket expenses including extra utility, heating, administrative, and
janitorial costs be reimbursed to the school under the terms of any lease or rental agreements.
The School Board reserves the right to approve or reject any request for use of school facilities.
Evening and Weekend Facility Usage
A. School Related or Community Non-profit Organization
School activities may be used during evening hours and on weekends by non
profit organizations composed primarily of persons who reside within the school and by
school-related organizations. Rental fees will be based according to the type and amount
of services required.
B. Individual or Profit Making Organization
School facilities may be used by individual or profit-making organizations on a rental or
space available basis when approved by the BCSA. Rental fees will be based on size
and type of facility requested, utilities, and services required. Rates are subject to
change without prior written notice.
Usage Procedure
1. An organization that desires the use of a school facility must make a written request at
least ten (10) working days in advance and not more than ninety (90) days in advance of
the date of use. The request must include the purpose of the meeting, facilities and
services desired. It must be signed by the individual who will be present and in charge
and who will assume responsibility, including any payment for the use of the facility.
2. Requests for building/facility use shall be sent to the administrator where usage is
requested.
3. Upon approval of a request for a facility use, the organization will be sent a written permit
which will include any fee, conditions, and equipment according to the agreement. This
permit must be presented to the building supervisor at the time of the event. The
organization will be sent an invoice of the rental fee at the same time the permit is issued,
and payment will be due within thirty (30) days after the usage.
Facility Use Rules
1. The user assumes responsibility for damage or loss that may occur to the facility,
equipment and grounds.
2. The user understands that alcoholic beverages are not to be consumed on the premises.
3. A BCSA staff member will open the building, remain during the time of use, and lock up
afterward when BCSA buildings are used by community organizations. The BCSA staff
member will insure proper use of school facilities; however, the person in charge of the
group using the facility shall be responsible for the conduct of the group.
4. When a BCSA employee is assigned on the permit, the permit holder is responsible for
paying the BCSA employee at the end of the activity. The rates will include thirty (30)
minute opening and closing periods, with a minimum of two (2) hours. The rates are
subject to change without prior notice.
5. Rental rates include the use of the facility and equipment in the facility. An invoice will be
included with the Facility Use Permit when a charge is issued. Payment for this invoice is
due within thirty (30) days.
6. Churches and religious organizations may use school facilities for special events, and
with approval by the Board, will be allowed to use school facilities for regular religious
meetings.
7. Audio-visual, duplicating or copy equipment shall not be used, except by special
permission of the administrator. Expenses will be paid by the user.
8. School facilities and/or equipment shall not be used for purposes deemed by the Board to
be contrary to the best interest of the school.
9. School facilities will not be used on Sundays without special permission by the Board.
10. School equipment shall not be loaned out, except by written authority of the
administrator.
11. Additional electrical services for major events must be coordinated by the user and at
their expense.
12. Security is required for major functions at users expense and must be coordinated by
user.
BUILDING/FACILITY USE PERMIT
Date
Issued______________
This permit authorizes the use of school facilities, subject to the conditions stated on the back of
this form. The person to whom this permit is issued agrees to accept responsibility for the listed
provisions.
Group
Representative_______________________________________________________________
Group or Organization___________________________Number
Expected:_____________________
Activity/Purpose________________________________________________________________
____
Building/Facility/Room___________________________________________________________
____
Date of
Use________________________________________________________________________
Hours of
Use_______________________________________________________________________
Additional Services and Facilities Required:
___________________________________________
_____________________________________________________________________________
_____________________
NOTE: The above named group, person, or organization agrees to indemnify and hold harmless
BCSA, its officers, agents, servants, and employees from any and all liability of whatever kind or
nature resulting from damage or injury to any person or property which occurs while such
person, group, or organization is occupying or using school facilities or property. The school
may require organizations to provide proof of liability insurance coverage for certain types of
high-risk activities held on school property.
/_____ / Liability Insurance required
Use Charge:___________________Total:_________________
Security must be provided? ________Yes______ No
The Use Charge includes only those services listed.
____________________________________
Administrator
This form must be signed and should be carried by the person to whom it is issued when using
the BCSA facility.
Date:_____________________Signed:________________________________________
** School events take precedence at all times. This permit may be cancelled in the event
a school event needs to reschedule and utilize the facility listed. INITIALS:__
** No Smoking permitted in school buildings at any time. ** INITIALS:_______
FACILITY USAGE REQUEST FORM
Benton County School of the Arts
Name_______________________________________ Cell Phone_________________
Address_______________________________________________________________
Group/Organization______________________________________________________
Activity/Purpose_________________________________________________________
Building/Facility/Room____________________________________________________
Date Desired________________________ Hours Desired_______________________
Additional Services______________________________________________________
______________________________________________________________________________
FACILITY USE CHARGES FOR
NON-SCHOOL OR NON-STUDENT ORGANIZATIONS
AREA of SCHOOL
DEPOSIT
HOURLY RATE *
(Refundable)
Profit
Non-Profit
Commons
$50.00
$50.00
$ 100.00
Theater
$100.00
$50.00
$25.00
Classrooms
$50.00
$30.00
$10.00
*Any portion of an hour will be charged at the whole hourly rate.
These fees do not include set up. Set up is charged at an overtime rate based on school
personnel time.
Activities for the sole benefit of school students may be exempt from use fees with approval of
the Administrator.
The hourly rate is $12.50 per hour for custodial staff if needed
Payment of rental agreement may be paid at the equivalent or better as a cash or check
donation. Usage fees will go into the
building maintenance and operations fund to offset costs incurred.
CHAPTERS G & K
Personnel
Policy Code
Section.
GA
At-Will Employment
G-4
GA
Guidelines for Cooperating Teachers
G-4
GAAA
Equal Employment Opportunity
G-5
GAC
Staff Development
G-5
GAD
Professional Development Opportunities
G-6
GAE
Complaints and Grievances
G-7
GAE-RE
Grievance Form
G-9
GAEB
Sexual Harassment
G-10
GAEB-R
Sexual Harassment Form
G-12
GAEC
ADA Grievance
G-14
GAG
Staff Conflict of Interest
G-15
GAHB
Ability of School Employees to Hold Public Office
G-15
GAL
Salary Deductions
G-16
GAL-E
Salary Deductions
G-17
GALA
Salary Increase
G-18
GB
Professional Personnel Section
G-18
GBA
Compensation Guides and Contracts
G-18
GBBA
Qualifications and Duties
G-19
GBDA
Hiring Selection Criteria
G-20
GBDAA
Approval of Transfer of Teaching Credit
G-20
GBDB
Hiring Relatives of Administrators
G-21
GBE
Assignment
G-21
GBH
Leaves and Absences
G-21
Family and Medical Leave Act of 1993
G-22
GBH-E
Request for Leave Form
G-26
Application for Family Medical Leave
G-27
Employer Response to Employee Requesting FMLA
G-29
GBI
Certified Evaluation
G-31
GBM
Transfer
G-33
GBM-E
Transfer Request Form
G-34
GBO
Resignation
G-37
Resignation Statement
G-38
GBQ
Retirement
G-39
GBRAA
Health Examinations
G-40
GBRE
Extra Duty
G-40
GBRHA
Job Related Injuries
G-40
GBRHB
Professional Leaves and Absences
G-41
GBRHB-RE
Request for Out of BCSA Travel
G-42
GBRIB-1
Sick Leave Bank
G-43
GBRIB-R
Sick Leave Bank Contribution Form
G-45
GBRIB-RE
Sick Leave Bank Request Form
G-46
GBRJ
Arrangement of Substitutes
G-47
GCA
Stipends
G-47
GCA-2
Employee Benefits
G-48
GCAA
Service Credit
G-48
GCAEA
Directory Information
G-53
GCAG
Staff Conflict of Interest
G-58
GCAK
Review of Personnel Records
G-58
GCCDB
Dress and Appearance
G-68
GCDE
Payment of Debts
G-69
GCDJC
Payroll Information
G-69
GDCRJ
Temporary and Substitute Employees
G-70
GCDT
Regulation of Controlled Substances
G-70
GCE
Assignment
G-71
GCECH
Personal Use of Equipment or Facilities
G-72
GCEGA
Insurance Information
G-72
GCI-RE
Classified Evaluation Form
G-74
GCKEBB
Solicitations
G-76
GCR
Work Schedules
G-79
GCRA
Health Examinations
G-80
GCRD
Compensatory Time for Classified Employees
G-81
GCRH
Non-Contracted Days
G-81
GCRHA
Additional Days After 10 years
G-82
GCRIB
Classified Jury Duty
G-82
GCRJ
Job Related Injuries
G-86
JGCE
HIV/AIDS Policy
G-87
Staff Access Networked Information Resources
G-91
Section G-4
The Benton County School of the Arts Board of Education approved revisions to the Certified and
Classified Personnel Policies on January 3, 2012.
Code: GAA
Date Issued: 1/3/12
AT-WILL EMPLOYMENT
Employees serving in a certified or classified position are employed by the
Benton County School of the Arts (BCSA) as an “at-will” employee, and your signature
indicating your receipt of these Personnel Policies (Policies) acknowledges and affirms
your acceptance of your employment as an “at-will” employee. The term “at-will”
employee, as used in these policies, means that your employment with BCSA may
be terminated by either the BCSA or by you with or without cause. This policy of “at-will”
employment applies to all BCSA employees, both certified and non-certified (classified). The fact
that certain aspects of your employment (such as salary amounts, amount of days of work, etc.)
may be reduced to writing, does not cause or create contractual relationship between the
BCSA and the employee. All existing contracts between the BCSA and any of its employees shall
expire as of the ending date listed in the contracts, and are not subject to automatic renewal
pursuant to the Arkansas Teacher Fair Dismissal Act of 1983 (A.C.A. 6-17-1501 et seq.) or the
Arkansas Public School Employee Fair Hearing Act (A.C.A. 6-17-1701 et seq.), A.C.A. 6-171701. Compensation/salary will cease upon the date of termination or resignation of an employee
as formally approved by the Board of Education. Retroactive compensation/salary termination
may be set by the Board of Education.
Code: GA
Date Issued/Revised: 1-3-12
GUIDELINES FOR COOPERATING TEACHERS
1. Cooperating teachers are responsible for the students and what happens in the
classroom: therefore, they are to keep in close contact with the student teacher and the
students during the entire semester.
2. Cooperating teachers should spend time in the classroom depending upon the progress
being made by the student teacher.
3. While the student teacher is in charge of the class, cooperating teachers are to work with
individual students or small groups from their classes on special projects for enrichment
or instruction.
4. After the student teacher has given instructions for a specific lesson, the cooperating
teacher should assist students who are having difficulties.
5. During the student teacher's full time teaching, the cooperating teacher may
A. serve as a resource person to other teachers by team teaching on special
projects, helping grade papers, assisting in classes where enrollment is large,
running off materials on the copy machine.
B. make lesson plans
C. assist/guide individual students who need one-on-one direction
D. visit other classrooms
E. assist with a study topic
F. shadow a student
6.Cooperating teachers are responsible for allowing the student teachers some full time
teaching responsibilities. It has been suggested that two weeks, not necessarily consecutive, of
full time teaching is appropriate. The student teacher should have observation time between
weeks of full time teaching.
QUALIFICATIONS FOR COOPERATING TEACHERS
1. Cooperating teachers should consent to work with a student teacher.
2. Cooperating teachers should have at least three years teaching experience.
3. Cooperating teachers shall have taught at least one year in the BCSA.
4. Cooperating teachers must be certified in the area of teaching they are supervising.
5. Cooperating teachers must be approved by the University Supervisor and Principal.
6. Cooperating teachers shall attend an orientation meeting or in-service concerning the
role of the cooperating teacher.
STUDENT TEACHERS
Assignments may be made at the Elementary (K-4), Middle School (5-8), and High School (9-12)
levels.
Section G-5
Code:
GAAA
EQUAL EMPLOYMENT OPPORTUNITY
The BCSA School Board shall conduct the school system on a nondiscriminatory and nonsegregated basis. In the employment of personnel, the Board will not discriminate against any
employee or applicant for employment because of race, religion, color, sex, national origin, age,
or handicapping condition.
Code:
GAC
Date Issued/Revised: 5-17-93/ 1-3-12
STAFF DEVELOPMENT
All certified employees of the BCSA must complete a minimum of at least 60 hours of staff
development each year. Any employee who misses any part of the regularly scheduled staff
development activities for any reason must make up that time in other in-service activities so that
a minimum of 60 hours is earned during that school year. The staff development year will begin
June 1 and end May 31.
The BCSA will provide 60 hours of staff development for their certified employees. The BCSA
staff development plan will be based on local needs and state and local educational goals. The
classroom teachers in the BCSA will be involved in the planning and implementation of staff
development activities. The plan will be kept on file with the Director of Professional
Development, and staff development record keeping of individual participation is the
responsibility of the BCSA. (A.C.A. 6-17-706)
Staff development programs may encompass a broad range of activities including, but not
limited to conferences, inter-classroom visitations, travel, workshops, independent study, peer
consultations, and college and university courses. College and university courses must relate to
the teaching areas of the teacher or be shown to improve overall teaching performance. Such
courses must be pre-approved by the BCSA curriculum director. Staff development may also be
provided by the education service cooperatives or a professional organization to which an
individual or group belongs.
To be eligible, staff development activities should be primarily to produce new skills and/or
improved classroom performance in job assignments. Upon request, a teacher must be
prepared to justify in advance the activity for which he/she is going to claim staff development
credit. Staff development is not time for teachers to work in their rooms or for faculty meeting in
which information is related or regulations or procedures explained. Staff development activities
conducted during released time (time for which a substitute is hired to release the teacher from
classroom duties) cannot be substituted for teacher attendance during the required five days of
staff development.
Each building will establish a committee made up of the Principal, grade level
representatives/department heads, and /or other interested persons. This committee will meet
as needed to plan, coordinate, implement, and evaluate staff development activities based on
BCSA and individual needs and goals.
The BCSA committee will include the elementary and secondary Principal(s), the teacher
representative from each building, and the BCSA Curriculum Coordinator. This committee will
meet as needed to plan, coordinate, implement, and evaluate staff development activities based
on BCSA and individual needs and goals.
Section G-6
Code:
GAD
Date Issued/Revised: 6-17-90; 1-3-12
PROFESSIONAL DEVELOPMENT OPPORTUNITIES
The School Board recognizes the importance of in-service education as a factor which promotes
progress toward established educational goals in this school system. All instructional personnel
are encouraged to acquire additional college work for the purpose of keeping up with new
development in their subject matter field or for the purpose of working toward a higher degree,
although this is not a requisite for continued employment unless specified in writing and agreed
upon by the teacher, Principal, Superintendent/Executive Director, and Board of Education. The
administration and faculty shall make concerted effort to encourage means of defining school
problems and working toward solutions of these problems. The School Board feels that the
recognition and solution of such problems provide the most effective in-service education. Other
activities to contribute toward in-service education shall be class visitation, workshops,
consultant services, conferences, and attendance at professional meetings.
Section G-7
Code:
GAE
COMPLAINTS AND GRIEVANCES
The schools, recognizing the need for close cooperation between professional staff and
immediate supervisors encourage that grievances be resolved formally within each building.
However, employees shall have the right to present grievances and in doing so shall be assured
freedom from restraint, interference, discrimination, and reprisal in the preparation and
processing of such formal written grievances.
If the employee's immediate supervisor determines that the employees concern does not
constitute a grievance, the employee may appeal that determination. The process used will be
the same as for a grievance.
The following procedure is hereby established to handle formal written grievances.
A grievance must be filed within sixty (60) calendar days of the date an employee becomes
aware of or reasonably should have become aware of a grievable issue.
DEFINITION: A calendar day is any day other than a scheduled school holiday.
Levels of Grievance Processing:
Level One – Principal or Immediate Supervisor
Level Two – Superintendent/Executive Director
Level Three-- School Board (BCSA Board of Education)
LEVEL ONE: The aggrieved staff member shall request a form for filing a grievance from the
immediate supervisor, Principal or Superintendent/Executive Director. Once this form has been
completed and presented to the immediate supervisor, Principal or Superintendent/Executive
Director, the individual should request a conference with the immediate supervisor or Principal.
An effort to resolve the grievance shall be made within fourteen calendar days of the requested
conference.
LEVEL TWO:
a. If the aggrieved staff member is not satisfied with the disposition of his grievance at Level
One or no decision has been rendered within fourteen calendar days of the requested
conference, s/he must file the grievance with the Superintendent/Executive Director
within fourteen calendar days or drop proceedings.
b. Within fourteen calendar days after receipt of the written grievance by the
Superintendent/Executive Director, the Superintendent/Executive Director will meet with
the aggrieved staff member in an effort to resolve the grievance.
c. Both the Superintendent/Executive Director and the staff member have the option to
request the presence of a selected representative at this conference.
LEVEL THREE:
If the aggrieved staff member is not satisfied with the disposition of his grievance at Level Two
and if no decision has been rendered within fourteen calendar days after the meeting with the
Superintendent/Executive Director, s/he must request a hearing before the School Board or drop
proceedings. The Board shall grant the request provided such request is made in writing in care
of the Superintendent/Executive Director or President of the Board. The Board shall meet within
fourteen calendar days of the receipt of the request. This hearing shall be open to the public
unless either the Superintendent/Executive Director or the employee requests a private hearing.
A closed hearing will include only the Board members and those parties involved in the previous
proceedings. Parties involved may be accompanied by two selected representatives. The
Board, having final authority in such grievances, shall make an effort to make fair resolution of
each grievance. The Board shall have a period of ten days following the hearing in which to
render a decision. The Board shall report the resolution of such grievance to the aggrieved staff
member within five school days of said decision.
Section G-9
Code: GAE-RE
BENTON COUNTY SCHOOL OF THE ARTS GRIEVANCE FORM
SUBMIT TO SUPERINTENDENT/EXECUTIVE DIRECTOR IN DUPLICATE. ATTACH ADDITIONAL
SHEETS IF NEEDED.
NAME____________________________________ BUILDING___________________
DATE FILED ______________________________
Date cause of grievance occurred__________________________
LEVEL ONE: Statement of grievance:_______________________________________
______________________________________________________________________Relief
sought:___________________________________________________________
____________________________________________________________________
Action taken:___________________________________________________________
______________________________________________________________________
Date: __________________
Signature of Employee_____________________________
Signature of Immediate Supervisor/Principal_____________________________________
LEVEL TWO: Date received by Superintendent/Executive Director_______________________________
Action taken:___________________________________________________________
Date__________________________________________________________________
Signature of Employee___________________________________________________
Signature of Administrator_________________________________________________
LEVEL THREE:
Date received by President of School Board___________________________________
Date of Board Hearing____________________________________________________
Resolution by the Board__________________________________________________
Signature of Employee __________________________________
Date___________________________
Signature of President of Board____________________________
Date____________________________
Section G-10
Code: GAEB
SEXUAL HARASSMENT
The school recognizes that harassment on the basis of sex is a violation of law and common
courtesy. The BCSA is committed to providing a work environment free from sexual harassment
and will not tolerate such conduct on the part of any employee. If the facts appear to support
such a complaint, immediate action will be taken, including but not limited to discipline, warning,
suspension, or termination of the offending personnel. The School Board expects every charge
of sexual harassment to be thoroughly investigated.
The Equal Employment Opportunity Commission (EEOC) and the BCSA define sexual
harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or
physical contact of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting the individual.
3. Such conduct has the purpose or effect of substantially interfering with an individual's
work performance or creating an intimidating, hostile, or offensive working environment.
Forms of sexual harassment include, but are not limited to, the following:
1. Verbal harassment, including derogatory comments, jokes, requests or other unwelcome
sexually-oriented language.
2. Physical harassment, including unnecessary or offensive touching, repeatedly brushing
against another person's body, or impeding or blocking movement.
3. Visual harassment, including offensive posters, cards, cartoons, graffiti, drawings, or
gestures.
Any sexual harassment as defined when perpetrated on any student or employee by any
student or employee will be treated as sexual harassment under this policy.
REPORTING PROCEDURE:
Any person who believes sexual harassment is occurring should immediately report the
offensive conduct or communication to the harassing person’s immediate supervisor, unless said
supervisor is the person alleged to have caused the alleged sexual harassment. In such an
event, the person who believes he or she has been subject to sexual harassment should
immediately report the offensive conduct or communication to the appropriate Immediate
Supervisor, Principal or Superintendent/Executive Director. All initial complaints will be
investigated and resolved at the lowest possible level.
The initial investigation and the complaint shall be handled as a personnel matter in order to
provide as much protection and privacy to the grievant and the accused as is permissible under
state and federal law.
All reports under this policy must be made in writing on Sexual Harassment Report Form
#GAEB-R. Forms may be obtained from the Central Office.
INVESTIGATIVE PROCEDURE: The supervisor will:
1. Immediately notify the person accused of engaging in the harassing behavior that a
sexual harassment report has been filed. A copy of the report will be provided to all
parties involved.
2. Investigate the report and take investigative action.
The services of an external
investigator may be engaged by BCSA to perform the investigation.
3. The results of the investigation will be given to all parties in-writing within ten (I0) working
days of the receipt of the report.
Results of the initial report and investigation will be maintained by the supervisor unless further
personnel action is warranted.
If the resolution of the initial complaint and/or subsequent action by either party does not
remedy the situation, the initial investigator or grievance should report the continued behavior to
the Superintendent/Executive Director. At any point during the Superintendent/Executive
Director’s investigation, any party may avail himself/herself of representation. All parties will be
apprised of the representation.
At the request of either the complainant,
Superintendent/Executive Director of BCSA Board of Education, an outside impartial
investigator/agency may be requested to assist with the investigation. Within ten (10) working
days of receipt of the initial filing of the sexual harassment grievance, a written report will be
provided to all parties regarding the findings and recommendations. If more than ten (10) days
is required to produce the report, the complainant, Superintendent/Executive Director, and Board
of Education will be notified.
Action, if warranted, against any employee or student will be in compliance with all state and
federal laws and the Board policies of the BCSA. The Superintendent/Executive Director and
the School Board will make extraordinary efforts to protect the rights, privileges, and reputations
of all employees and students concerned.
If the investigation and/or recommended action at any time fail to resolve the situation to the
satisfaction of any party, that party may appeal to the School Board. All appeals will be
conducted in compliance with BCSA personnel policy and applicable state and federal laws.
Section G-12
Code:
GAEB-R
BENTON COUNTY SCHOOL OF THE ARTS SEXUAL HARASSMENT FORM
Submit in duplicate to authority at the level where the grievance is to begin. Attach additional
sheets if more space is needed.
Level One: Principal/Immediate Supervisor
Level Two: Superintendent/Executive Director
Level Three: School Board (Benton County School of the Arts Board of Education)
Name of
Grievant_____________________________________________________(certified)(classified)
Building ____________________________________________________________
Date Filed___________________________________________________________
LEVEL ONE:
Received
by_________________________________________________________(principal/supervisor)
Date_______________________________________________________________
A. Describe the offensive conduct or communication in as much detail as possible (be
specific and complete). Include the date(s) on which such conduct occurred or the
communication was made and the name of the person accused of engaging in the
harassing behavior.
B. Relief sought: (This should be completed in detail. Be specific).
C. Action taken by Immediate Supervisor/Principal
Written report received by______________________________________________(employee)
Date received________________________
(My signature indicates only that I have received the written report; it does not signify agreement
with the decision.)
LEVEL TWO:
Received
by:_________________________________________________________(Superintendent/Exec
utive Director)
Date
A_____Written notice of investigation received by___________________________(employee)
Date received___________________________
B______Action taken by the Superintendent/Executive Director:
Written report received by ______________________________________________(employee)
Date received
with the decision.)
LEVEL THREE:
Request for School Board hearing
Received by President of School
Board_____________________________________Date__________
Date of Board hearing
________________________________________________________________
Action taken by
Board_________________________________________________________________
_____________________________________________________________________________
______
Signature of Board
President______________________________________________Date___________
Written report received
by________________________________________________Date___________
with the decision.)
Optional:
Attach a request for an open hearing and or request for written record
Section G-14
Code: GAEC
ADA GRIEVANCE
The school provides this internal grievance procedure to facilitate a prompt and equitable
resolution of complaints alleging any action prohibited by the U. S. Department of Justice
regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part,
that "no otherwise qualified disabled individual shall, solely by reason of such disability, be
excluded from the participation in, be denied the benefits for, or be subjected to discrimination" in
programs or activities sponsored by a public entity.
Complaints should be addressed to: Equity Coordinator, 400 NW 2nd, BCSAAR 72712, or call
501-271-1100. The Equity Coordinator has been designated to coordinate ADA compliance
efforts. The following procedures are to be followed to expedite such complaints:
1. A complaint should be filed in writing or verbally, giving the name and address of the
person filing it, and a brief description of the alleged violation of the regulations.
2. The complaint should be filed within five (5) working days after the complainant becomes
aware of the alleged violation.
3. An investigation, as may be appropriate, will follow a filing of the complaint. The
investigation shall be conducted by the Equity Coordinator. This process contemplates
informal but thorough investigations, affording all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to a complaint.
4.
A written determination as to the validity of the complaint and a description of the
resolution, if any, shall be issued by the Equity Coordinator and a copy forwarded to the
complainant no later than ten (I0) working days after its filing.
5. The Equity Coordinator will maintain the files and records of the BCSA relating to the
complaints filed.
6. The complainant can request a reconsideration of the case in instances where he or she
is dissatisfied with the resolution. The request for reconsideration should be made in
writing within ten (10) days to the administrator.
7. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies such as the
filing of an ADA complaint with the responsible federal department or agency. Use of this
grievance procedure is not a prerequisite to the pursuit of other remedies.
8. This entire process shall be constituted to protect the substantive right of interested
persons, to meet appropriate due process standards, and to assure that the BCSA
complies with the ADA and implementing regulations.
*These procedures are for members of the public, clients, visitors, and any other individuals not
covered under the BCSA grievance policy.
Section G-15
Code: GAG
Date Issued: 6-3-85
STAFF CONFLICT OF INTEREST
No employee shall accept any outside employment that would interfere with professional
responsibilities or create a conflict of interest.
Code: GAHB
ABILITY OF SCHOOL EMPLOYEES TO HOLD PUBLIC OFFICE
All employees of the BCSA are free to exercise their rights as citizens and run for or accept
appointments to public office if they so desire. However, employees should understand the
following:
1. By law, a school board member may not work for the school which he/she serves.
2. School may not grant any employee paid leave for the purpose of permitting the
employee to engage in public service of related activities.
3. Employees may use their personal days and vacation days (if applicable) to engage in
public service or related activities, with prior approval of their Immediate Supervisor,
Principal or Superintendent/Executive Director.
4. In addition, upon request to the school board, a maximum of five (or a number of days
selected by the BCSA) additional days of unpaid leave may be granted to the employee
for the purposes of engaging in public service or related activities. If the employee's
service can be replaced by the BCSA, the employee will be responsible for reimbursing
the BCSA for the expense of the substitute employee.
5. Employees who attempt to use sick leave days fraudulently for any purpose, including
engaging in public service or related activities, will face disciplinary action up to and
including non-renewal or termination.
Section G-16
Code: GAL
SALARY DEDUCTIONS
Except for payroll deductions required by the state or federal government, all deductions made
from salary shall be subject to Board approval and voluntary on the part of the individual
employee. For all voluntary deductions, the employee shall complete a form authorizing the
deduction and the specific amount. The Superintendent/Executive Director is authorized to
establish reasonable cut-off dates for payroll deduction request.
While it is the desire of the Board that all teachers should pay their personal financial obligations,
the Board shall not become a collection agency by accepting orders from teachers to deduct
certain amounts from their monthly salary until their debts are liquidated.
Legal Ref: Arkansas Code Annotated 6-17-804 & 6-17-805
Section G-17
Code: GAL-E
SALARY DEDUCTIONS
Salary deductions are offered to employees who have an FTE of .50 or higher. Health
Insurance, Supplemental Insurance, 403B and Life Insurance are not required but are offered as
a benefit.
Effective date for salary deductions is the last day of the month. BCSA submits payments the
following month that deductions are collected, unless the deduction requires semi-monthly
remittance. All deductions will be withheld each scheduled payroll with the exception of bonuses
or refunds.
All Supplemental Benefits will be offered during the grace period. The grace period is the mont
of August. Beginning September, premiums will be withheld and be effective September 1.
Supplemental Benefits can only be cancelled during the grace period.
All Health Insurance is offered through ARBenefits. Open-enrollment is the month of October,
withholding of insurance premiums starts December and the insurance date is effective January
1 through December 31. New hires can have health insurance thirty (30) days after their first
day of work. More information on Health Insurance can be found on www.arbenefits.org. Health
Insurance can only be changed or cancelled for a qualifying event.
Section G-18
Code: GALA
Date Issued: 5-6-92
SALARY INCREASE
Any increases in funds received by the BCSA for any school year that are required to be paid to
certified personnel will be distributed equally or the funds will be distributed unequally based on
a majority vote of the teachers and approval by the board.
Code: GB
PROFESSIONAL PERSONNEL SECTION
NOTE: All personnel policies and regulations in this section pertain to personnel who are
required to hold a teacher's certificate issued by the State of Arkansas.
Code: GBA
Issued/Revised: 5-18-87; 1-3-12
CERTIFIED PERSONNEL COMPENSATION GUIDES AND CONTRACTS
Professional personnel shall be awarded contracts by the Board based upon the
recommendations of the Superintendent/Executive Director. Salary and the other benefits listed
in these policies shall comprise the employee’s compensation for his or her work. Hours counting
toward the 15 hours above any degree shown on the certified salary schedule must be earned
after the date the degree was awarded. College work completed that will entitle a teacher to
advance from one salary scale to a higher scale must be verified by an official college transcript.
The annual compensation for a teacher will include or be adjusted to include the change during
the fiscal year in which the verification is received by the Superintendent/Executive Director’s
office. The full amount of the adjustment will be included provided the work is completed prior to
the first day of the school year and the verification is received prior to January 1 of the fiscal
year. One-half of the amount of the adjustment will be included if work is completed during the
first semester and verification is received in the Superintendent/Executive Director’s office by May
1. The gross amount, less deductions, of any change will be divided equally between the
remaining installments due a teacher. Payment of the increase is not retroactive.
SUBSTITUTE PAY: Substitute teachers are paid a daily rate set by the Board.
Arkansas Code Annotated 6-17-204
Legal Ref:
Section G-19
Code: GBBA
PROFESSIONAL PERSONNEL QUALIFICATIONS & DUTIES
All professional personnel employed by the BCSA must possess those qualifications set forth by
the Arkansas Department of Education. It is recognized by the BCSA School Board that these
qualifications are set up to promote minimum standards, therefore, it is the policy of the school to
employ persons who exceed these minimum requirements whenever possible.
All instructional personnel must maintain on file in the Superintendent/Executive Director’s office
the following information.
1. Arkansas Teacher Certificate
2. Social Security Number
3. Certificate of Health - Tuberculosis
4. Statement of Number of Dependents
5. Official Transcript of All College Work
6. Current Address and Telephone Number
All certified personnel in the BCSA will have access to any file pertaining to his/her employment
or performance, kept by any supervisor or administrator, for the purpose of inventorying or
reviewing.
Legal Ref.: Arkansas Code Annotated 6-17-401
Section G-20
Code: GBDA
PROFESSIONAL PERSONNEL HIRING - SELECTION CRITERIA
Appointments of instructional personnel shall be made by the School Board upon consideration
of recommendations made by the Superintendent/Executive Director. The selection will be based
on the following considerations:
The BCSA prefers to employ instructional personnel who hold a degree from a college
accredited by the North Central Association or some other accrediting agency of comparable
rank. It is also highly desirable that the applicant have graduated from a college whose program
is approved by the National Council for Accreditation of Teacher Education (NCATE).
Instructional personnel should hold a valid Arkansas teaching certificate at either the elementary
or secondary level with specific training in their teaching field as prescribed by the Arkansas
Department of Education and the North Central Association of Schools and Colleges. In rare
cases, personnel may be employed before final certification is granted provided all the
certification requirements have been met or outlined for completion on a specific timetable which
will not adversely effect payroll or school accreditation. Personnel may be hired who have not
earned a teaching license in the specific field in which they are hired to teach. In such cases,
personnel may be required as a stipulation of employment to earn a teaching license through the
Non-Traditional Licensure Program at the expense of the employee. (Waiver regulation: Waiver
from A.C.A. 6-17-401)
All personnel new to the BCSA, beginning teachers or teachers transferring from another school
in state or out of state, must have a Criminal Record Check and Child Maltreatment Registry
Check. Paperwork for completing record check may be obtained from the Personnel Department
at Central Office.
Code: GBDAA
Date Issued:
1-3-12
APPROVAL OF TRANSFER TEACHING CREDIT
Teaching experience outside of the BCSA school district will be credited to personnel at the
following rates:
Out-of-state teaching experience up to 10 years credit
In-state teaching experience up to 24 years credit
All teaching experience credited must be from an “accredited” school. Accredited may be defined
as follows:
1. Any school that is recognized by the Arkansas Department of Education as an accredited
school in the state.
2. Any out-of-state school that is accredited by their own state’s Department of Education.
3. Any school that is regionally accredited (i.e. North Central Accreditation, AdvancEd).
Fractions of years will not be considered in determining the amount of experience credit.
The discretion of the Principal, Superintendent/Executive Director and School Board will be the
final authority in any experience granted.
Approved by BCSA Board of Education 05/17/2011
Section G-21
Code: GBDB
PROFESSIONAL PERSONNEL: HIRING RELATIVES OF ADMINISTRATOR
The immediate family of the Superintendent/Executive Director will not be eligible for
employment in the BCSA. The immediate family of the supervisors of certified personnel, and
other administrative personnel, as the School Board may identify, will be eligible for employment
in the BCSA, but not in a position under the direct supervision of the above named
administrators. Immediate family, for this purpose, shall be defined to include: spouse, children,
parents, brothers, and sisters.
Code: GBE
CERTIFIED PERSONNEL
ASSIGNMENT:
All teachers are subject to assignment at the recommendation of the
Principal and approved by the Superintendent/Executive Director and BCSA Board of
Education. Insofar as possible, teachers shall be assigned to positions for which they are best
qualified. Members of the same family will not be assigned to the same building unless
necessary. Also, while keeping in mind the needs of students and the need to have a balanced
faculty (race, sex, experience, etc.), reasonable efforts shall be made to honor teacher
preference in assignment.
Code: GBH
Date Issued/Revised: 6-21-93; 6-19-95; 1-3-12
LEAVES AND ABSENCES
SICK LEAVE ACCUMULATION: Full-time certified employees shall be allowed sick leave at
full pay, at the rate of one (1) day per contract month or a major portion thereof. Month or major
portion thereof means twelve (12) or more working days in a calendar month, including all
professional development days required by the school district that count toward the annual sixty
(60) hours of required professional development for a teacher. Part-time employees shall be
allowed sick leave on a prorated basis. Such leave shall be in force beginning with the first day
of the first school term for which the employee is hired. If employees leave or resign their
position for any reason before the end of the school term, the BCSA shall deduct from the last
pay check full compensation for any days of sick leave used in excess of the days earned.
Unused sick leave shall accumulate without limit. BCSA shall credit one (1) day of sick leave to
a teacher if the teacher: (A) Used one (1) day of sick leave on a mandatory professional
development day; and (B) Made up the missed mandatory professional development day on a
day for which the teacher was not otherwise scheduled to work for BCSA.
REASONS FOR USE: Employees may use sick leave for maternity, paternity, adoption,
bereavement, personal illness or illness in the immediate family (wherever they live) which shall
include the employee's spouse, children, parents, father-in-law, mother-in-law, brother, sister,
brother-in-law, sister-in-law, grandparents, grandchildren, uncle, aunt, and/or other members of
the family living in the same household of the employee, or step-parents who have reared the
children. Sick leave when used for bereavement applies to funeral attendance and legal
business related to the death.
SHARING SICK LEAVE: An employee and spouse employed by the BCSA may share up to
thirty (30) days of sick leave per school year
RECORDS: A record of sick leave used and accumulated shall be established and maintained
by the school for each employee. Employees shall be advised at each pay period of the status
of their sick leave.
CREDIT FOR SICK LEAVE: Any employee of BCSA who has accumulated sick leave in any
approved accredited school shall be granted credit by this BCSA for such sick leave, but not to
exceed a maximum of ninety (90) days. The accumulated sick leave credit shall be granted to
the teacher upon furnishing proof in writing from the former school.
Legal Ref. Arkansas Code Annotated 6-17-1201
Code: GBH
Date Issued/Revised: 6-27-94; 1-3-12; 8-6-2012
LEAVES AND ABSENCES
PERSONAL DAYS: Each employee with less than four (4) completed years of employment with
BCSA earns two (2) personal days per school year. At the beginning of the fifth year, an
employee earns an additional third (3rd) personal day. Days to be used prior to or following a
scheduled school holiday will be approved upon written application to the employee's supervisor
if substitutes are available. Applications will be dated and the time noted by the receiving
offices. The number of available substitutes will be based on average daily usage. Approval will
be acquired on a first come, first serve basis. The personal days allowed per year do not
accumulate as personal days from year to year, but will revert to sick leave days. Personal days
must be requested in advance and are subject to approval/disapproval by the Principal or
Superintendent/Executive Director. (Revised 8-6-2012 retroactive to July 1, 2012)
LEAVE OF ABSENCE: Employees may be granted a leave of absence for one or two
semesters without pay. A minimum of three years continuous satisfactory service must have
been completed in the BCSA and the employee recommended for employment for the following
year. This service must have been under contract as a full-time person.
EXTENDED LEAVE: In the event a teacher uses all his/her accumulated sick leave and is still
unable to return to work, s/he can request extended leave. These extended leave days must be
consecutive working days. Employees who receive days from the Sick Leave Bank are not
eligible for extended leave. Doctor's statement must be attached to the request. The following
deductions shall be made from the employee's salary: 1. first fifteen (15) working days of
absence, daily rate paid to the substitute; 2. any additional days of absence will be at the full
daily rate paid to the employee.
LEAVE OF ABSENCE, EMPLOYEES WITH LESS THAN ONE YEAR EXPERIENCE: The
BCSA will provide unpaid leave for up to twelve (12) weeks for employees who have a medical
emergency. The medical emergency must be for the employee and immediate family members
(immediate family members are defined under current sick leave policies). Employees will be
required to use earned sick and personal days as part of the leave. Once an employee has
used all earned sick and personal days, their pay will be reduced at a daily rate for all days not
worked. An employee failing to return to work at the end of the twelve (12) week period will not
be guaranteed a position with the BCSA.
MILITARY: Employees may be granted leave for conscription into the service due to a national
emergency. Such leave shall be approved by the Board and shall be without pay.
National Guard and Reserve personnel who attend mandatory training exercises may use two
(2) or (3) personal days depending on number of years in the BCSA. Days beyond that will be
without pay.
CIVIC DUTY*: Certified personnel who are called for jury duty or subpoenaed for other than
personal business are paid at their regular rate and a substitute is provided by the BCSA. All
jury pay received by the school personnel will be remitted to the BCSA in order to avoid double
paying of the employee by receiving their regular salary and jury duty pay.
APPLICATION FORMS: Applications must be in writing on the appropriate form state clearly all
the details under which the leave is to be granted. When the leave is for medical/health reasons,
a doctor's statement is required for documentation and must accompany the application.
Applications for leave must be submitted to the administrator. S/he will forward the application to
the Administrator's office to be forwarded to the Board for action.
*Definition of Civic: Court, jury or governmental duties
Code: GBH
LEAVES AND ABSENCES
NOTIFICATION OF RETURN: Notification of an employee's intention to resume work or resign
after a leave of absence shall be filed in writing with the administrator by March 1, if s/he intends
to return in the fall, and by October 1, if the teacher wishes to return in the spring. Failure to
respond by the above dates will be taken to indicate resignation. When returning from a leave
due to medical reasons the BCSA may require a doctor's release prior to return to work.
PLACEMENT UPON RETURN FROM LEAVE: An employee returning from a leave of absence
will be assigned, within the BCSA, to a position based on their certification.
BENEFITS: Employees who are on leave shall retain their cumulative annual sick leave.
PURCHASE OF UNUSED SICK DAYS: At the end of each year, employees with more than
ninety sick leave days may sell the excess days back to the BCSA in increments of (5) five days,
not to exceed (10) ten in any given year. These days will be purchased at the current substitute
rate.
BOARD ACTION: All personal leave in excess of the days provided for under the "Personal
Days" subsection of this policy must be approved by the Board.
Section G-22
FAMILY AND MEDICAL LEAVE ACT OF 1993
The FMLA provides up to twelve weeks of unpaid, job protected leave to "eligible" employees for
certain family and medical reasons. Employees are eligible if they have worked for the BCSA for
at least one (1) year and for 1,250 hours over the previous twelve months.
REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any of the following
reasons:
A. To care for the employee's child after birth, or placement for adoption or foster care; or
B. To care for the employee's spouse, children, or parent who has a serious health
condition; or
C. For a serious health condition that makes the employee unable to perform the
employee's job.
D. The BCSA will require the employee to substitute sick leave days for any part of the
twelve weeks.
APPLICATION FOR FAMILY MEDICAL LEAVE:
An employee requesting Family Medical Leave must submit a written application to the
Superintendent/Executive Director requesting the leave. Applications are available in the
Central Office. The Superintendent/Executive Director will respond in writing to the request
within two working days.
The BCSA may require medical certification to support a request for leave because of a serious
health condition, and may require second and third opinions (at BCSA expense) and a fitness for
duty report to return to work.
JOB BENEFITS AND PROTECTION: For the duration of FMLA leave, the BCSA must maintain
the employee's health coverage under any "group health plan." Employee will continue to pay
the premium.
Upon return from FMLA leave, employees must be restored to their original position or
equivalent position with equivalent pay, benefits, and other employment terms. The use of
FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of
an employee's leave.
CALCULATION OF THE TWELVE MONTH PERIOD: A rolling twelve -month period looking
back from the date on which the FMLA leave is to begin will be used to figure the twelve month
period. The BCSA must give at least sixty days notice to all employees if the method of
calculation is changed.
ADDITIONAL INFORMATION: A detailed explanation of the Family and Medical Leave Act is on
file in each building's library and administrator's office.
An employee planning to apply for FMLA leave should contact the Central Office for more
information.
Section G-26
Code: GBH-E
Date Issue 1/3/12
REQUEST FOR LEAVE
Date Requested_____________________________
Approved_______________________
Date
TYPE OF LEAVE REQUESTED (CIRCLE ONE):
Leave of Absence
Military
I, __________________________________, request a leave from my present position as
_________________________________________
at__________________________________,
from______________________________________to_________________________________
_.
Month
Date
Year
Month
Date
Year
for the reason listed below:
_____________________________________________________________________________
____
_____________________________________________________________________________
____
If I am unable to return as scheduled and do not contact my supervisor, I am aware that this will
be considered to be voluntary termination without notice.
_________________________________________
Employee's Signature
________________________________
Date
Section G-27
Code: GBH-F
APPLICATION FOR FAMILY MEDICAL LEAVE
(To be filled in by employee)
NAME___________________________________________DATE OF HIRE_______________
Reason for leave (Circle the appropriate letter):
a
the birth of a child or the placement of a child for adoption
b
to care for a family member (child, spouse, or parent) with a serious health condition
c
your own serious health condition
Answer the following if the leave is for your own serious health condition.
What is the nature of your illness?
_____________________________________________________________________________
__
_____________________________________________________________________________
__
Is hospitalization required? Yes_________No___________
Are you able to perform the essential functions of the job? Yes_____ No_______
(To be filled out by the Superintendent/Executive Director or Designee)
Does the illness qualify the employee under the provisions of the American with Disabilities Act
(ADA)? Yes ________________No________________ If Yes, please explain.
_____________________________________________________________________________
_______
_____________________________________________________________________________
_______
If the employee is considered disabled, would a reasonable accommodation under ADA enable
the employee to continue
to perform the job? Yes _________No______________
Is the employee able to perform work of any kind?
Yes ____________No______________
Does the employee request all 12 weeks consecutively? Yes
____________No____________
Did you discuss the possibility of intermittent or reduced schedule leave? Yes_______
No___________
Does the employee understand that intermittent or reduced schedule leave will not reduce the
total amount of leave available? Yes ____________No _________________
Would it be better to transfer the employee to another job during intermittent or reduced work
schedule leave? Yes _______________No________________
Answer the following if the leave is to care for the employee's seriously ill family member.
Does the relationship qualify for FMLA? (A son or daughter, biological, adopted, or foster child,
step-child, a legal ward, or a child under 18 years old, or 18 or older and incapable of self-care
because of mental or physical disability; a husband or wife, including common-law recognition in
certain states; and parents. In-laws are not covered by FMLA.)
Yes__________________No______________________.
Is in-patient hospitalization of the family member required? Yes_________
No____________
Does the patient require assistance for basic medical, hygiene, nutritional needs, safety or
transportation? Explain.
Ask the employee to state in their own words the care to be provided to the family member and
the estimated duration of the treatment.
If the employee agrees to an intermittent or reduced schedule leave, put the schedule in writing
and have the employee sign
Section G-29
Code: GBH-FA
EMPLOYER RESPONSE TO EMPLOYEE REQUESTING FMLA
DATE:
TO:
FROM:
SUBJECT:
REQUEST FOR FAMILY/MEDICAL LEAVE
On ____________________ you notified the BCSA of your need to take family/medical leave
due to:
______the birth of 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 of
your job; or
______a serious health condition affecting your_____spouse,_____child, _____parent, for which
you are needed to provide care.
You notified the BCSA that you need this leave beginning on___________and that you expect
the leave to continue until on or about_________________.
Except as explained below, you have a right under the FMLA for up to 12 weeks of unpaid leave
in a 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.
This is to inform you that
1. You are _____eligible _______not eligible for leave under FMLA.
2. The requested leave will 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 ___________________(must be
at least 15 days after you are notified of this requirement) or the BCSA may delay the
commencement of your leave until the certification is submitted.
4. You will be required to use any accumulated sick and personal days during the FMLA.
5. A. If you normally pay a portion of the premiums for your health insurance, the payments
will continue during the period of FMLA leave. An arrangement for these payments has
been discussed with you and it is agreed that you will make premium payments by the
10th of each month to the Payroll Department of BCSA.
B If payment is not made timely, your group health insurance may be canceled,
providing the BCSA notifies you in writing at least 15 days before the date that your
health coverage will lapse. The BCSA will not pay your share of health insurance
premiums while you are on leave.
*The BCSA will not pay the premiums for other benefits (life insurance, disability
insurance, etc.) while you are on FMLA.
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. You _____are _____are not a "key employee" as described in par 825.218 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 BCSA.
8. The BCSA _____has _____has not determined that restoring you to employment at the
conclusion of FMLA leave will cause substantial and grievous economic harm to the
BCSA. Explain:
9. While on leave, you _____will _____will not be required to furnish the BCSA with periodic
reports of your status and intent to return to work. If the circumstance of your leave
changes and you are able to return to work earlier than the date indicated on your
application for leave, you _____will _____will not be required to notify the BCSA at least
two working days prior to the date you intend to report for work.
10. You _____will _____will not be required to furnish rectification relating to a serious health
condition. (Explain if necessary)
Section G-31
Code: GBI
CERTIFIED EVALUATION
PURPOSE: The primary purpose of the BCSA evaluation process is the improvement of
instruction. The evaluation process will include the following systematic analysis of teacher
performance, identification of specific competencies, diagnosis of specific needs for
improvement, and outline of strategies for improvement efforts. Teacher/principal evaluations
will be conducted in accordance with Act 1209 of 2011 and as deemed necessary by principals,
Superintendent/Executive Director and Board of Education. This section (Certified Evaluation)
should not be construed to create a contractual right with any employee to this or any evaluation
process. Nothing about this planned evaluation process, or any portion of this personnel policy,
shall be construed to change the at-will employment policy of the Benton County School of the
Arts.
ANNUAL EVALUATION: It shall be the policy of the Board to require annual evaluation of all
teachers.
Section G-33
Code: GBM
CERTIFIED PERSONNEL - TRANSFER
All teachers, administrators, and other staff members are subject to transfer at the direction of
the Superintendent/Executive Director. Request for teacher transfers may originate with any of
the following persons: (1) teacher, (2) Principal, or (3) Superintendent/Executive Director.
Teachers who are to be transferred shall be notified as soon as possible after the decision to
transfer has been made. Notification of pending transfer shall be made personally and confirmed
in writing. Except in cases of obvious emergency transfers, such notification shall be made no
later than the date of all offers to renew contract. Teachers who are the subject of administrative
transfers shall be notified of vacancies existing in their fields at the time of notification of
transfer. The Superintendent/Executive Director or authorized representative shall see that
teachers being transferred are assigned to positions available at the time of notification of
transfer for which they are best qualified by training and experience. Teachers who receive
administrative transfers shall be given a specific opportunity to present their position with regard
to the pending transfer to the executive director of personnel within five working days after
notification. In the event the teacher is still dissatisfied with a given decision, s/he may request a
conference with the Superintendent/Executive Director. The final authority at the local level is
the School Board.
For the benefit of all certified personnel, job openings within the BCSA will be posted on the
school’s website.
Section G-34
Code: GBM-E
REQUEST FOR REASSIGNMENT/TRANSFER -- EMPLOYEE INITIATED
NAME_______________________________________________________________________
_____
SS#______________________________________DATE______________________________
_____
Present Position: (List special service, position, and/or grade as applicable)
_____________________________________________________________________________
_____________
Position to which your are requesting a
transfer.______________________________________________
Why are you requesting a
reassignment/transfer?____________________________________________
What qualifications do you have that better suits you for the requested position over your present
position?
_____________________________________________________________________________
____
Employee's
Signature__________________________________________________________________
Present administrator's
Signature_________________________________________________________
Requested Position administrator's
Signature________________________________________________
Date of Action_________________________________
Action
Taken________________________________________________________________________
_
Section G-37
Code: GBO
RESIGNATION
Any employee who wishes to resign his or her employment with BCSA should provide written
notice to BCSA of such intent. Letters stating the details, should be addressed to the BCSA
School Board and given to the Superintendent/Executive Director.
Section G-38
RESIGNATION STATEMENT
DATE_____________________________
I, _______________________________________,
SS#_________________________________
hereby resign my position
as______________________________at________________________.
My last day to work
is____________________________________________________________.
The reason for my resignation is as follows:
_____________________________________________________________________________
_
_____________________________________________________________________________
_
My forwarding address
is:_________________________________________________________
_____________________________________________________________________________
_
_____________________________________________________________________________
_
Signature___________________________________________________
If you have health insurance with the BCSA group plan, you may be eligible to continue your
coverage through COBRA for up to 18 months. You will be responsible for paying the full
premium. To see if you qualify, please contact the Personnel Department or visit
www.arbenefits.org. Cobra insurance is also available to those employees who qualify.
Code: GBQ
Section G-39
PROFESSIONAL PERSONNEL -- RETIREMENT
Employees of the BCSA upon retirement shall be eligible for benefits of the Arkansas Teachers
Retirement System and other benefits as prescribed by law.
Section G-40
Code: GBRAA
PROFESSIONAL PERSONNEL -- HEALTH EXAMINATIONS
When employed by the BCSA, professional personnel must submit a health certificate attesting
to the person's freedom from tuberculosis. The health certificate may be submitted anytime
between three (3) months prior to the official opening of the school year and the end of the first
month's employment. Persons employed after the opening of school will have thirty (30) days to
secure a health certificate. Payroll may be delayed until a certificate is on file. (Also CGPA)
Legal Ref. Arkansas Code Annotated, 6-17-101
Code: GBRE
PROFESSIONAL PERSONNEL -- EXTRA DUTY
Extra-curricular duties are considered a normal part of a teacher's work. The allocation and
assignment of such duties in each school are responsibilities of the Principal.
When special duties are assigned to a teacher and when such duties are not regular teaching
duties or extra-curricular duties of a nature considered a normal part of a teacher's work, the
teacher may be paid an approved stipend for such duties, subject to the discretion of the
Superintendent/Executive Director and School Board. Those special duties which receive
compensation will be published as part of the salary schedule.
Code: GBRHA
Date Issued: 6-1-92
JOB RELATED INJURIES
A certified employee shall be granted leave for up to one (1) year, with full pay, from the date of
an injury caused by either an assault or other violent criminal act committed against the
employee in the course of his/her employment. The leave of absence for personal injury will not
be charged to the employee's sick leave.
A doctor's statement will be required to verify that the teacher was unable to work due to the
injury.
Section G-41
Code: GBRHB
PROFESSIONAL LEAVES AND ABSENCES
CONFERENCES AND VISITATIONS
Teachers of the BCSA are encouraged to participate in in-service activities through attendance
at conferences and visitations relating to their teaching assignments. In case of such absences,
the BCSA will provide substitutes as necessary.
A teacher wishing to be excused from school to attend a professional conference or convention
must make such request to the Principal by completing a PROFESSIONAL DEVELOPMENT
RECORD/REQUEST form located on the school’s website. This request should be submitted
within a reasonable length of time (minimum of 10 school days) to the building Principal prior to
the activity.
The request will be acted upon in a timely manner by the building Principal. Confirmation of
approval or disapproval will be provided to the requesting teacher in writing and one copy will be
forwarded to the Director of Professional Development to be filed.
Travel and other expenses may be borne by either the teacher, the individual school, or a
combination of these as is agreed upon and reflected in the request form.
Any person attending a meeting should be prepared to make a presentation to an appropriate
group if so requested.
Section G-42
Code: GBRHB-RE
TRAVEL Employees who travel on school business should complete an Expense
Reimbursement Request Form. This form can be obtained from the Forms section on the
school’s website.
Section G-43
Code: GBRIB-1
SICK LEAVE BANK
A sick leave bank is established for the purpose of permitting employees, upon approval, to
obtain sick leave in excess of accumulated and current sick leave, when the employee has
exhausted all such leave. Only those employees who contribute to the sick leave bank during a
given contract year shall be eligible to withdraw from the sick leave bank.
The Superintendent/Executive Director shall appoint a Sick Leave Bank Committee. That
committee shall consist of Three members: two (2) staff members and one principal.
1.
Teachers who have made contributions to the bank may make withdrawals from the bank.
Days contributed may not be returned to the teacher.
2.
The sick leave bank days may be used only upon exhaustion of a bank member's
accumulated sick leave, Personal Days and Non Contract Days, if applicable.
3.
Sick leave bank days will be granted only in cases of catastrophic illness of a sick leave bank
member, spouse, children, and relatives living in the household.
4.
Request for sick leave bank days will be made on a sick leave bank request form submitted
to the chairperson or member of the sick leave bank committee. The committee
recommends the request form must be accompanied by documentation from the doctor.
5.
Sick leave bank days will not be granted in cases when an applicant is covered and drawing
on an income protection insurance policy or similar coverage. Those having first day
coverage shall not draw from the bank.
6.
Sick leave grants made from the bank shall be for up to 20 days for an individual applicant
per year, if the days are available.
7.
After a sick leave bank member withdraws days from the bank, s/he must contribute one to
five days of their sick leave allowance at the beginning of the next school year to reestablish
membership in the sick leave bank.
8.
When the balance of sick leave bank days drops to 50 or less at the end of the school year,
additional days will be requested at the beginning of the next school year.
REPORTS: The sick leave bank committee shall be responsible for the proper maintenance and
development of records and report forms. The committee shall work closely with the
administration in administering the sick leave bank days.
Section G-45
Code: GBRIB-R
Date Issued: 7-1-82
SICK LEAVE BANK CONTRIBUTION FORM
I ____________________________________________ hereby request that _________day(s)
be
(1 to 5 days)
deducted from my annual sick leave allowance to contribute to the Sick Leave Bank.
____________________________________
Signature
_________________________
Date
Section G-46
Code: GBRIB-RE
Date Issued: 7-1-82
SICK LEAVE BANK REQUEST FORM
Please complete and return to the sick leave bank committee.
(Before you are absent and the payroll deduction is made)
NAME_________________________________________DATE__________________________
_____
Have you contributed to the sick leave bank system?
Briefly describe the nature of your disability or illness and the circumstances that caused you to
make this
request:______________________________________________________________________
____
_____________________________________________________________________________
____
_____________________________________________________________________________
____
Number of sick leave bank days being requested ________________________
Are you currently being treated by a physician?_________________________
Have you used all of you accumulated sick leave days? ___________________
How many days have you been absent this year due to illness or disability?
_______________________
Comments:
Committee Use Only:
Signature______________________________________________
Date Considered_________________________________________
Approved _______________________Not Approved:_____________________
Number of days credited _____________________Date____________________
Committee
Chairperson______________________________________________________________
Section G-47
Code: GBRJ
ARRANGEMENT OF SUBSTITUTES
Employees who are unable to report to work should contact their building level secretary (for
teachers) or immediate supervisor for Principals and classified staff as soon it is determined you
will be unable to report to work the next day. The secretary will call substitute teachers on the
substitute list to locate a substitute teacher. In the event of classified staff (i.e. Food Service),
the Child Nutrition Director and/or Building Principal will seek to find a suitable substitute.
Employees who habitually are absent from work and do not call in and notify their school of their
absence may be subject to payroll deduction for day(s) missed.
Code: GCA
STIPENDS
In order to formulate an equitable and meaningful stipend schedule, an annual review of each of
the activities for which a stipend is being paid shall be conducted. Failure to perform the duties
for which the stipend is intended may result in the reduction, repayment or removal of the
stipend.
Section G-48
Code: GCA-2
EMPLOYEE BENEFITS
INSURANCE: The Personnel Department will have to file and distribute specific information
about insurance benefits to employees.
WORKERS COMPENSATION: All Employees in the BCSA are covered by Arkansas Worker's
Compensation Insurance.
All injuries sustained on the job must be reported. The immediate supervisor must be notified
immediately of any injury so that appropriate forms may be completed and filed. Even though
medical care or hospitalization may be required at the time, it is important that forms be
completed and on file in the event later complications arise.
Compensation to the injured employee shall not be allowed for the first seven days of disability
resulting from injury, excluding the day of injury. If a disability extends beyond that period,
compensation shall commence with the ninth day of disability. If a disability extends for a period
of two weeks, compensation shall be allowed beginning the first day of disability, excluding the
day of injury.
SOCIAL SECURITY: All employees are required to be members of the Social Security System.
The amount required by law shall be deducted from employee salaries.
Code: GCAA
SERVICE CREDIT
120 days or more will be considered a full year of service with the BCSA in accordance with
Arkansas Teacher Retirement requirements.
LONGEVITY: Longevity is based on four or more continuous years of service with BCSAs and
will be restored if the employee returns to the BCSA within 14 months.
Longevity for classified personnel who change jobs or have two jobs with the BCSA will be
based on the number of continuous year's service with the BCSA. Longevity stays with the
employee regardless of the position.
EXAMPLE: Employee has 10 years continuous service as a cook. Employee takes a second job
as a bus driver; they get 10 years longevity as a bus driver.
Section 53
Code:
Date Issued:
GCAEA
6-27-94
DIRECTORY INFORMATION
With respect to BCSA employees, directory information shall not be released for commercial
use.
Directory information means employee's name, address, home, telephone number, work location
and position.
Section G-58
Code:
GCAG
STAFF CONFLICT OF INTEREST
No employee shall accept any outside employment that would interfere with professional
responsibilities or create a conflict of interest.
An employee of the BCSA is not permitted to hold other employment during regular working
hours, or employment that would interfere with proper discharge of their duties with the BCSA.
An employee of the BCSA shall not during time they are contracted with the BCSA as an agent
for any type of supplies or books used by pupils of any school within the BCSA.
During the contract period an employee who represents a company may not recommend the
product he/she sells.
Each certified employee is required to submit an Employee Financial Disclosure Report annually
in accordance with A.C.A. 6-24-101 and ACT 1381 of 2005.
Code:
GCAK
REVIEW OF PERSONNEL RECORDS
To ensure that an employee's personnel file of record does not contain material that might be
adverse to the employee's continued employment, promotion, or advancement, or employment
elsewhere, without the employee's knowledge of such material, the employee shall be given the
opportunity to sign any such material that is not directed to or does not originate with the
employee. The signature shall merely signify that the employee has read the material to be filed.
Should the employee decline to sign such material, that fact shall be noted and filed with the
material in the employee's personnel file.
The employee shall have the right to answer immediately any material filed, and his answer shall
be reviewed by Superintendent/Executive Director and attached to the file copy.
Upon request of the employee, he/she shall be given immediate access to the file, and shall be
furnished a reproduction of any material contained therein.
Personnel filed or any of their contents will not be removed from the Administration Building
without the consent of the employee, except in cases where it may be necessary in judicial
proceedings. The confidential nature of this material will be honored at all times.
Other than the employee, no one may have access to an employee's file other than his/her
immediate Supervisor and the Superintendent/Executive Director/Designee.
Section G-68
Code:
GCCDB
DRESS AND APPEARANCE
The dress and appearance of BCSA employees should be appropriate for job performance and
is subject to determination of appropriateness by the immediate supervisor, Principal or
Section G-69
Code:
Date Issued:
GCDE
6-27-94
PAYMENT OF DEBTS
Employees for the BCSA are expected to handle financial obligations and meet debt
requirements in a responsible manner. Continued failure to pay legal debts may be grounds for
disciplinary action, including termination.
Garnishment against the BCSA is one of the ways creditors use to collect debts from employees.
In addition to adding to the cost of the indebtedness to the employee, this process is expensive
to the BCSA. Federal law prohibits an employer from discharging any employee because his
earnings have been subject to garnishment for any one indebtedness, but such discharge is not
prohibited for earnings being subject to garnishment for more than one indebtedness.
After and employee receives a garnishment for an indebtedness, which indebtedness are
incurred by the employee (not the employee's spouse), shall result in the termination of the
employee, following the procedures for dismissal of the BCSA.
Code:
Date Issued:
GCDJC
6-27-94
PAYROLL INFORMATION
SALARY NEW EMPLOYEE: An employee is paid at the daily rate for the position until hired by
the school board. After the employee is approved by the school board, the employee is placed
on contract at the beginning of the next pay period.
No benefits are earned until the employee is placed on contract.
PAY CHECK NEW EMPLOYEE: Personnel hired after the start of school will receive their first
pay check the second pay period after the date of employment (date they started to work).
EXAMPLE:
If an employee starts to work prior to the 15th of the month, the first pay check will be at the end
of the month.
If an employee starts to work after the 15'h of the month, the first check will be the 15th of the
next month.
Section G-70
Code:
Date Issued:
GCDRJ
6-27-94
TEMPORARY AND SUBSTITUTE EMPLOYEES
The nature and need for temporary and substitute employees is highly unpredictable. Employees
are often used on a day-to-day, temporary, or short-term basis according to the needs of the
BCSA at that time. Although important to the BCSA, these employees are not afforded the same
benefits and status as contracted school employees.
Persons employed in a temporary or substitute capacity may receive frequent, intermediate, or
infrequent assignments. Failure to receive assignments does not constitute unemployment.
Persons receiving frequent assignments should not have the expectation that frequent
assignments will continue or that full-time employment will be offered by the BCSA.
EXTRA HELP: When extra laborers or helpers are hired, they may be paid by the hour rather
than a monthly basis. This shall be done at the discretion of the Superintendent, Principal and
Board of Education based upon the proposed length of employment.
Code:
Date Issued:
GCDT
5-20-91
REGULATION OF CONTROLLED SUBSTANCES
In an effort to create a healthy environment for students and staff members and in compliance
with the provisions of Public Law 101-226, the BCSA School Board prohibits the possession,
manufacturing, use or distribution of illegal drugs and alcohol by its employees on school
property or by any person who has supervisory responsibilities involving students.
ASSISTANCE: The school will attempt to assist any employee in need of alcohol or drug
counseling or rehabilitation. Employees who have not been found in violation of this policy, but
who think they may have a dependency on drugs or alcohol and who wish to seek treatment for
this dependency, may avoid disciplinary action if they report their condition to the administrator
or Administrator and enroll in a qualified treatment program as soon as possible.
SUSPENSION: The employee will be suspended without pay until proof is provided of
enrollment in a drug program, At that time the employee will be granted the full use of the leave
policies of the BCSA. The provisions for voluntary commitment may be used one time only.
RIGHTS: If an employee is accused of violating this policy, the employee has the right to request
a blood test at the school's expense. The school has the right to require a blood test if a
reasonable suspicion exists that this policy has been violated. The required blood test will be at
the expense of the school.
COUNSELING: Employees who have been found in violation, but who will voluntarily seek
appropriate counseling and/or rehabilitation services, will be suspended without pay until a
hearing is held.
SUBJECT TO DISPLINARY ACTION: Any employee violating this policy is subject to disciplinary
action. Searches of school property (desks, rooms, storage areas, etc.) may be conducted if
there is "probable cause."
School officials will cooperate fully with law enforcement personnel in the investigation of any
drug or alcohol related incidents involving school employees.
DANGERS OF DRUG AND ALCOHOL ABUSE: A person under the influence of illegal drugs or
alcohol presents a danger to themselves as well as those with whom they work. Recognizing
these dangers, BCSA strongly opposes the use of illegal drugs and alcohol by its employees.
Section G-71
Code:
Date Issued:
GCE
8-20-90
ASSIGNMENT
ASSIGNED BY: All employees are subject to assignment at the direction of the
Superintendent/Executive upon recommendation by the immediate supervisor or Principal.
Whenever possible, employees shall be assigned to positions for which they are best qualified.
Members of the same family will not be assigned in the same building unless necessary. Also,
while keeping in mind the needs of the BCSA to have a balanced staff (race, sex, experience,
etc.) reasonable efforts shall be made to honor employee preference in assignment.
Section G-72
Code:
GCECH
PERSONAL USE OF EQUIPMENT OR FACILITIES
The use of any equipment or facility for any personal non-school activity or interest is prohibited.
Penalty could range from reprimand to dismissal.
Section G-74
Code:
GCI-RE
CLASSIFIED STAFF EVALUATION
The purpose of this evaluation is to inform the employee of job performance with the goal of
improving performance. An evaluation is to be completed on each Paraprofessional each year
and filed with the Personnel Office by May 1 of each year. The evaluation may be conducted on
a more frequent basis. This section should not be construed to create a contractual right with
any employee to this or any evaluation process. Nothing about this planned evaluation process,
or any portion of this personnel policy, shall be construed to change the at-will employment
policy of the Benton County School of the Arts.
EMPLOYEE'S NAME ____________________________________
DATE_____________________
PRESENT POSITION
_______________________________SCHOOL/DEPT__________________
PERIOD COVERED BY THIS
EVALUATION:___________________TO______________________
Definition of Evaluation Terms: (circled below)
Effective - Producing desired results
Unacceptable - Needs immediate improvement
Marginal - Work is in need of improvement
KNOWLEDGE AND PERFORMANCE OF JOB: Effective
F.
Marginal
Unacceptable
A.
Ability to accomplish tasks assigned.
Resourceful and alert to
B.
Accomplishes tasks assigned.
C.
Learns new methods.
D.
Knowledge of related job(s) in department.
H.
Work efficiency
E.
Knowledge of other departments' functions.
I.
Participation in professional
Opportunities for improvement.
G.
Self-reliance
growth opportunities
COMMENTS:
WORK ATTITUDES:
Effective
Marginal
Unacceptable
A.
Wise use of time
E.
Initiative
B.
Conscientiousness in work.
F.
Professional attitude toward
C.
Acceptance of changes in work.
D.
Cooperation and helpfulness to others.
supervision
G.
Interpersonal skills (staff,
parents, students, general public)
COMMENTS:
PERSONAL:
Effective
Marginal
Unacceptable
A.
General appearance.
E.
Dependability
B.
Personality/disposition.
F.
Punctuality
C.
Poise/self control
G.
Accepts responsibility for work
D.
Sensitive to individual needs
performed
Evaluator's Comments:
_____Recommended for continued employment (provided funds are available)
_____Do not recommend for employment (signature indicates evaluation has been discussed)
_______________________________________
____________________________________
Evaluator
Date
Employee
Date
Section G-76
Code:
Date Issued:
GCKEBB
6-27-94
SOLICITATIONS
Commercial solicitation of employees or students during school hours by agents, solicitors, or
salesmen is prohibited.
Section G-79
Code:
GCR
WORK SCHEDULES
WORKING HOURS: The standard work day for full time non-instructional (classified)
personnel shall be eight hours. Actual work schedules which provide for the beginning and
ending of the work day shall be approved by the immediate supervisor or Principal.
Please note: Some work schedules may vary in length based upon departmental need. See your
immediate supervisor if you have questions about your work schedule.
SIGN IN/OUT PROCEDURES: Federal Wage and Hour law requires classified personnel who
receive an hourly wage, to sign in and out of the work place. Time clocks may be used for record
keeping purposes.
INCLEMENT WEATHER: Employees contracted for 220 or more days are to report for work on
snow days. Employees not reporting for work must fill out a staff absence form showing a
personal or non-contract day for each day missed. Sick leave cannot be used to cover snow
days.
Section G-80
Code:
GCRA
HEALTH EXAMINATIONS
All newly employed employees are required to submit to the Superintendent/Executive Director’s
Office a report attesting to the person’s freedom from tuberculosis. The health certificate shall
be submitted by the end of the first month of employment and is valid as long as the employee is
employed with BCSA. A failed TB test at anytime during employment will result in immediate
suspension from work. The employee will be paid during this time as long as the employee as
sick leave, personal leave, vacation leave, sick bank leave accrued. Upon exhaustion of all
leave days, salary obligations will cease.
Section G-81
Code:
GCRD
COMPENSATORY TIME FOR CLASSIFIED EMPLOYEES
State and Federal Laws will determine appropriate compensation for working overtime. Generally,
overtime will be considered as compensatory time to be kept on record at the building level and
not paid. Any payment of overtime must be authorized by the Principal and the
Superintendent/Executive Director. After the accumulation of five days compensatory time, an
employee shall be required to begin taking that time. All accumulated compensatory days must
be taken before the end of the fiscal year which ends June 30.
Code:
GCRH
NON-CONTRACTED DAYS
There will be a certain number of non-contracted days to be determined each year by the school
calendar for employees of the BCSA which includes 220, 230 and 245 day contracts.
These non-contract days will be given at the rate of one (1) per each 20 days worked.
Employees are encouraged to use the non-contracted days during that fiscal year in which they
are earned. If an employee does not use the non-contract days in the fiscal year earned, a
maximum of twelve days may be carried into the next fiscal year.
Should an employee leave the employment of the BCSA before June 30, any non-contract days
used in excess of the number of days applied (1 per each 20 days worked) will be recovered
from the pay that is due the person at the time of their termination from the BCSA.
Permission to take off non-contracted days may be obtained by submitting a request through an
employee's immediate supervisor. These days will then be reported to the Payroll Department on
a staff absence form.
Employees should take into consideration the nature of their duty in planning the date for use of
their non-contracted days. The nature of the responsibilities of some employees would indicate
that the winter season would be as acceptable, or more acceptable, for non-contracted days.
There will be no non-contracted days for employees hired after July 1. Employees will be paid for
the exact number of days worked during the first contract year. Employees will be eligible for the
normal number of non-contract days the second fiscal year of employment.
Section G-82
Code:
Date Issued:
GCRHA
7-20-92
ADDITIONAL DAYS AFTER 10 YEARS
Classified employees who are contracted for 240 days or more during a fiscal year and have
accrued ten years of service with the BCSA will qualify for five additional non-contracted days
that must be taken during the contract year that begins July 1 and ends June 30. These
additional days must be taken along with their regular non-contracted days which the employee
has if they remain with the BCSA for the full year.
Code:
GCRIB
Date Issued/Revised: 6-15-92;
1-3-12
NON-CERTIFIED: JURY DUTY
Non-certified personnel who are called for jury duty are paid at their regular rate and a substitute
is provided by the BCSA if authorized. Jury pay will be remitted to the BCSA to avoid the
employee receiving double payment of salary and jury pay.
Section G-86
Code:
Date Issued:
GCRJ
6-27-94
JOB RELATED INJURIES
In the event that an employee is injured by an assault or other violent criminal act while
performing normal and regular or assigned school responsibilities, the employee will be granted
a leave with full pay for a maximum period of one (1) year. Such leave of absence shall not be
charged to the sick leave of the employee. A doctor's statement will be required to verify that the
employee was unable to work due to the injury.
Legal: Act 1233 of 1995
Section G-87
Code:
JGCE
Date Issued:7-1-89
HUMAN IMMUNODEFICIENCY VIRUS (HIV)
ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)
The acquired immunodeficiency syndrome (AIDS) is caused by the human immunodeficiency
virus (HIV). Transmission of the virus occurs by TRANSFER of blood, semen, or vaginal fluids
from person to person. The four modes of transmission are:
1. Sexual intercourse (oral, vaginal, anal)
2. Sharing needles
a.
drug use (including steroids)
b.
tattooing
3. Mother to child
a.
pre-natal and postpartum (pregnancy and delivery)
b.
lactation (breast feeding)
4. Transfusion of blood/blood products
The majority of infected children acquire the virus from the infected mothers in the prenatal
period. None of the, pediatric AIDS cases in the U.S. have demonstrated transmission in the
school, daycare or foster care setting; and indeed, casual person-to-person contact is believed
to pose no risk for viral transmission.
EVALUATION: Students who are medically ill should be evaluated on a case-by-case basis by a
team comprised of the student's administrator, physician, a school board appointed physician
and public health personnel. The decision to admit should be based on the medical condition of
the child including evaluation of his/her immune status and performance status. The most
current medical information concerning contagiousness and transmittal will be used.
CONFIDENTIALITY: Confidentiality is of extreme importance and therefore the identity of
infected students, if not already public knowledge, should be known only to the Administrator,
Director of Nursing, school nurse, building health aide, and that student's administrator and
teacher. Neither confirmation nor denial of suspicion or positive testing will be given by school
officials, even if public knowledge is alleged.
RESTRICTIONS:
STUDENTS: There are no medical or legal reasons to restrict a child of an HIV infected parent
from attending school. Children with HIV infection should not receive live virus vaccines and
should be excused from regulations requiring them. Of course, any student, including an HIV
infected child, who has contracted a contagious disease, will not be allowed to attend school
without clearance from the public health department.
EMPLOYEE: Employees who are known to be infected with HIV should be allowed to continue in
their capacity unless medically unable as judged on a case-by-case basis by a team comprised
of the employee's personal physician, a physician appointed by the School Board, public health
personnel and school system administrators. As in the case of students, the most current
medical information concerning contagiousness and transmittal will be used. Confidentiality for
employees must be maintained.
SCREENING:
necessary.
Routine
serology
screening
of
students
or
employees
is
not
PRECAUTIONS & PROCEDURE: The following standard procedures shall be implemented in
order to insure that persons responsible for cleaning facilities and equipment are protected from
all communicable diseases.
These include:
1.
Students and teachers should be encouraged to wash hands as a routine practice. A ten to
fifteen second washing with soap after handling body fluids is essential.
2.
Blood and/or body fluid spills should routinely be handled using a barrier such as paper
towels, plastic garbage receptacles and disposable gloves. Soiled surfaces should be
cleaned promptly with disinfectants, such as household bleach, diluted 1:10, one-part bleach
to ten parts water. Persons involved in such cleaning should avoid exposure to open skin
lesions or mucous membranes by the blood or body fluids. Cleaning implements such as
mop heads should be cleaned thoroughly after clearing a blood and/or body fluid spill.
Implements should be cleaned with detergent in hot water of 160 degrees Fahrenheit, rinsed,
soaked in a one-part bleach to ten parts water solution and rinsed again.
3.
Any garbage containing blood or body fluids (i.e. sanitary napkins) should be placed in a
plastic bag, securely fastened and disposed of properly.
4.
Persons involved in the cleaning of facilities in which blood and/or body fluid spills (i.e. feces,
urine) occur should wear disposable gloves and follow routine hand washing procedures.
5.
Persons responsible for the cleaning and maintenance of CPR mannequins and CPR
instruction should follow the guidelines established by the American Heart Association, the
American Red Cross and the Center of Disease Control (CDC).
Section G-91
Code:
JGCF
STAFF ACCESS TO NETWORKED INFORMATION RESOURCES
The network is provided for staff and students to conduct research and communicate with
others. Communications over the network are often public in nature, therefore general rules and
standards for professional behavior and communications will apply.
Network administrators will review files and communications to maintain systems integrity and to
insure that staff members are using the system responsibly. Users should not expect that files
stored on BCSA servers will be private.
The following behaviors are not permitted on BCSA networks:
1. Sharing confidential information of students or employees is permitted only in accordance
with BCSA guidelines.
2. Sending or displaying offensive messages or pictures.
3. Assisting a campaign for election of any person to any office or for the promotion of, or
opposition to any ballot proposition.
4. Using obscene language.
5. Harassing, insulting or attacking others.
6. Engaging in practices that threaten the network (e.g., loading files that may introduce a
virus).
7. Violating copyright laws.
8. Unauthorized use of others' passwords.
9. Trespassing in others' folders, documents, or files.
10. Intentionally wasting limited resources.
11. Employing the network for personal gain.
The Network Supervisor will report inappropriate behaviors to the employee's supervisor who will
take appropriate disciplinary actions. Any other reports of inappropriate behavior, violations, or
complaints will be routed to the employee's supervisor of appropriate action. Violations may
result in a loss of access and/or disciplinary action including, but not limited to, termination.
When applicable, law enforcement agencies may be involved.
CHAPTER K
Classified Personnel
Section
At-Will Employment
K.1.A
Personnel Salary Schedule
K.1
Training
K.6
Sick Leave
K.7
Family Medical Leave Act (FMLA)
K.7
Request for Leave
K.7
Emergency Sick Leave
K.8
Personal Leave
K.9
Professional Leave
K.10
Holding Public Office
K.12
Jury Duty and Military Leave
K.13
Leave – Injury From Assault
K.14
Insult and Abuse
K.15
Outside Employment
K.16
Employment and Assignment
K.17
Reimbursement of Expenses
K.18
Tobacco Use
K.19
Dress and Appearance
K.20
Political Activity
K.21
Payment of Debts and Salary Deductions
K.22
Grievances and Complaints
K.23
Supervision of Students
K.25
Technology Acceptable Use Policy
K.26
Computer Use Agreement Form
K.26.F
School Calendar
K.27
Family Medical Leave Act (FMLA)
K.29
Teacher/Employee Deferred Retirement Plan
K.30
Transfer
K.31
Resignation
K.32
Retirement/Accumulated Sick Leave
K.33
Solicitation
K.34
Previous Work Experience
K.35
Benefits
K.36
Breaks and Overtime
K.37
Bullying
K.38
Video Surveillance
K.39
Drug Free Work Place
K.40
Sex Offenders on Campus
K.42
Duty to Report Child Abuse/Maltreatment
K.43
Work Place Injuries/Workman’s Compensation
K.44
FERPA
K.45
Vacation
K.46
Travel
K.47
Fair Labor Act
K.48
CLASSIFIED PERSONNEL
The Benton County School of the Arts approved revisions to Non-Certified (Classified) Personnel
Policies on January 3, 2012.
All personnel policies and regulations in this section pertain to personnel who are not required to
hold a teacher’s certificate issued by the State of Arkansas and are employed by the District
under a non-certified personnel contract.
K.1.A AT-WILL EMPLOYMENT
You are employed by the Benton County School of the Arts (BCSA) as an “at-will” employee, and
your signature indicating your receipt of the Personnel Policies acknowledges and affirms your
acceptance of your employment as an “at-will” employee. The term “at-will” employee, as used in
these policies, means that your employment with the BCSA may be terminated by either the
BCSA or by you by providing notice of termination to the non-terminating party. The termination
may be with or without cause. This policy of at-will employment applies to all BCSA employees,
both certified and non-certified. The fact that certain aspects of your employment (such as salary
amounts, amount of days of work, et cetera) may be reduced to writing, does not cause or create
a contractual relationship between the BCSA and the employee. This “at-will” employment policy
is in alignment with the waivers Benton County School of the Arts received from the Arkansas
Department of Education and the State Board of Education regarding the Arkansas Teacher Fair
Dismissal Act and the Public School Fair Hearing Act. All existing contracts between the BCSA
and any of its employees shall expire as of the ending date listed in the contracts, and are not
subject to automatic renewal pursuant to the Arkansas Teacher Fair Dismissal Act of 1983
(A.C.A. 6-17-1501 et seq.) or the Arkansas Public School Employee Fair Hearing Act (A.C.A. 617-1701 et seq.).
Revised: 1-3-12
K.1 - CLASSIFIED PERSONNEL SALARY SCHEDULES
Salary schedules are approved by the BCSA Board of Education based on the recommendation
of the Superintendent/Executive Director. Salary Schedules are posted on the BCSA website.
Revised: 01-3-12
K.6—CLASSIFIED PERSONNEL TRAINING
Non-certified personnel will attend all applicable conferences, workshops, and training sessions
as directed by their immediate supervisor.
Date Adopted: July 1, 2010
Revised: 01-03-12
K.7— CLASSIFIED PERSONNEL SICK LEAVE
Sick leave will be provided to assist any full-time school employee in the event of illness or
accident involving the employee or a member of the employee’s immediate family. A doctor’s
statement may be required before sick leave is approved. “Immediate family” shall include the
employee’s spouse, children, parents, or if you are the primary care giver for other related
persons. For sick leave to be approved for family members other than immediate family, the
illness or injury must be serious in nature. Accumulated sick leave may be used for funeral
attendance. Sick leave may also be used for legal business related to the death of a member of
the family. Each full time employee shall be allowed sick leave at the rate of one day per month
or major portion thereof for which the employee is contracted, at full pay. Such leave shall be in
force beginning with the first day for which each employee is employed. If the employee leaves or
resigns before the end of the contracted period, the District shall deduct from the last paycheck
full compensation for any days of sick leave used in excess of the number of days earned.
In accordance with ACT 40 of 1999, District employees who are husband and wife will be allowed
to share accumulated sick leave days up to, but no more than ten days per year. Unused sick
leave may be accumulated to ninety days. Employees will continue to earn sick leave at the rate
of one day per contracted month or a major portion thereof after ninety days. All employees with
more than ninety days of accumulated sick leave at the end of the school year will be paid for the
excess days over ninety at the non-certified substitute rate of pay in effect for that school year.
Days for which the employees are paid under this policy will be removed from the employees’
accumulated sick leave so that the balance of days carried over to the next school year will equal
ninety days. Payment will be made by June 30 of that school year. Employees, who leave the
employment of another school district for employment in the Benton County School of the Arts
District, shall be granted credit for any unused sick leave accumulated in the former school
district, not to exceed ninety days. Such employees must furnish proof of accumulated sick leave
in writing from the school district of former employment. Cost of non-covered leave will result in
the loss of one day’s pay for each day missed. Excessive absenteeism to the extent that the
employee is not carrying out his assigned duties may result in non-renewal or termination.
Revised: 01-03-12
Sick Leave and Family Medical Leave Act (FMLA) Leave (See K.29)
When an employee takes sick leave, the District shall determine if the leave qualifies for FMLA
leave. The District may request additional information from the employee to help make the
applicability determination. If the leave qualifies under the FMLA, the District will notify the
employee, either orally or in writing, of the decision within two workdays. If the leave is
intermittent as defined in this policy and the circumstances of the leave don’t change, the District
is only required to notify the employee once of the determination regarding the applicability of sick
leave and/or FMLA leaves. To the extent the employee has accrued paid leave; any leave taken
that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued
leave.
Legal Reference: A.C.A. § 6-17-1301 et seq.
29 USC §§ 2601 et seq.
29 CFR 825.100 et seq.
REQUEST FOR LEAVE
Date Requested_____________________________
Approved_______________________
Date
TYPE OF LEAVE REQUESTED (CIRCLE ONE):
Leave of Absence
Military
I, __________________________________, request a leave from my present position as
_________________________________________
at__________________________________,
from______________________________________to_________________________________
_.
Month
Date
Year
Month
Date
Year
for the reason listed below:
_____________________________________________________________________________
_____
_____________________________________________________________________________
_____
If I am unable to return as scheduled and do not contact my supervisor, I am aware that this will
be considered to be voluntary termination without notice.
_________________________________________
Employee's Signature
________________________________
Date
Revised: 01-03-12
K.8—CLASSIFIED PERSONNEL EMERGENCY SICK LEAVE
Emergency sick leave may be provided to assist any full time school employee in the event of an
extraordinary health or medical situation involving the employee or a member of the employee’s
immediate family. Immediate family shall include the employee’s spouse, children, parents, or
other related persons for whom the employee is the primary care giver. Extraordinary health or
medical situation means a catastrophic illness or serious accident which is substantially
debilitating and which prevents the employee or family member from engaging in his or her
normal activities for a period of more than seven consecutive days. This may include maternity
complications. The procedures for application and determination of emergency sick leave are:
1. Application shall be made in writing. The request, which shall be submitted to the central office,
shall state the nature of the extraordinary health or medical situation, the identity and relationship
of the person affected, if not the employee, and the expected duration of the situation.
2. Applications must be accompanied by the supporting statement of the afflicted person’s
physician, whose statement must include both facts and conclusions that substantiate the
existence of an extraordinary health or medical situation as defined above.
3. If at the beginning of the school year, the employee has accumulated twenty or more sick
days, that employee will be immediately eligible for emergency sick leave, after using all
of his/her sick days. Employees with less than twenty days of accumulated sick leave at
the beginning of the school year will be docked at their contracted daily rate of pay the
difference between the number of days the employee had at the beginning of the year and
twenty days required to qualify for this policy.
4. Emergency sick leave will be granted only after all accumulated sick leave days have
been used.
5. Emergency sick leave may be granted for up to twenty days for an individual employee
per school year for an approved “extraordinary health or medical situation”. The employee will
draw full salary during this period of time.
6. In extreme circumstances, emergency sick leave may be granted for an additional twenty
days with the employee paying the cost of the substitute.
7. A release from a medical doctor will be required prior to the employee’s returning to
work.
8. The Board may grant emergency sick leave after reviewing proper documentation and
request forms from the employee. If the situation warrants, the Board will call a special
meeting to act on the request.
9. Employees who receive payment for lost wages as a result of a workers’ compensation
claim for the same days the employee receives emergency sick leave under this policy,
shall reimburse the District the amount received from worker’s compensation for those
days.
K.9—CLASSIFIED PERSONNEL PERSONAL LEAVE
All non-probationary non-certified employees will be eligible for three paid personal days per year.
Upon written request to the Superintendent/Executive Director, a fourth and /or fifth day may be
requested to accommodate special “once in a lifetime” personal or family opportunities. Noncertified substitute pay will be deducted from the employee’s salary for the fourth and fifth day.
Employees shall take personal leave or leave without pay for those absences which are not due
to attendance at school functions which are related to their job duties and do not qualify for other
types of leave.
School functions, for the purposes of this policy, means:
1. Athletic or academic events related to the District; and
2. Meetings and conferences related to education.
For employees other than the superintendent, the determination of what activities meet the
definition of a school function shall be made by the employee’s immediate supervisor or
designee. For the Superintendent/Executive Director, the School Board shall determine what
activities
meet the definition of a school function. In no instance shall paid leave in excess of allotted
vacation days and/or personal days be granted to an employee who is absent from work while
receiving remuneration from another source as compensation for the reason for their absence.
No reason need be given, but the employee must give his/her supervisor at least two days notice
prior to taking a personal day. The two-day notice may be waived under extenuating
circumstances as approved by the supervisor. If the situation warrants, supervisors may limit to
three the total number of staff or department members that may be gone for personal and/or
professional leave on any given day. Employees who fail to report to work when their request for
a personal day has been denied or who have exhausted their allotted personal days, shall lose
their daily rate of pay for the day(s) missed (leave without pay). While there are instances where
personal circumstances necessitate an employee’s absence beyond the allotted days of sick
and/or personal leave, any employee who requires leave without pay must receive advance
permission (except in medical emergencies) from their immediate supervisor. Failure to report to
work without having received permission to be absent is grounds for discipline, up to and
including termination. The days for personal leave will be deducted from the number of
accumulated sick leave days. Personal leave may be denied during the first two weeks of school
or the last two weeks of school. Personal leave does not accumulate from one contract year to
the next.
Legal Reference: A.C.A. § 6-17-211
Revised: 01-03-12
K.10—CLASSIFIED PERSONNEL PROFESSIONAL LEAVE
The District encourages non-certified personnel to attend professional workshops, as directed by
the supervisor. To this end, professional leave is provided. Professional leave shall be defined as
temporary leave for the purpose of participating in conventions, workshops, conferences,
institutes, meetings or professional organizations that have a direct relationship to the employee’s
job description and which can serve to improve the school District’s instructional program or
enhances the employee’s ability to perform his duties. Professional leave will also be granted
when a District employee is subpoenaed to court for a matter arising out of the employee’s
employment with the District.
A request for professional leave will state the number of days requested and will include an
itinerary when available. The request should be submitted to the applicant’s supervisor at least
five days prior to the first day of the requested leave. The supervisor should return his answer in
writing at least three days prior to the requested leave. A denial of professional leave will
include, in writing, the reason for denial. Emergency request will be considered separately. The
supervisor’s decision is subject to review and overruling by the superintendent. If the employee
does not receive or does not accept remuneration for their participation in the professional leave
activity and a substitute is needed for the employee, the District shall pay the full cost of the
substitute. If the employee receives and accepts remuneration for their participation in the
professional leave activity (e.g. scholastic audits or praxis assessments), the employee shall
forfeit his/her daily rate of pay from the District for the time the employee misses. The cost of a
substitute, if one is needed, shall be paid by the employee. Personal or professional leave may
be denied during the first two weeks of school or the last two weeks of school. During such
approved leave, the employee’s pay shall not be deducted. If a substitute is needed during such
approved leave, the District shall pay the full cost of the substitute. Budgeting concerns may
always be taken into consideration in reviewing a request for professional leave.
K.12—CLASSIFIED PERSONNEL PUBLIC OFFICE
An employee of the District who is elected to any elective or appointive public office (not legally
constitutionally inconsistent with employment by a public school district) shall not be discharged
or demoted as a result of such service. No paid leave will be granted for the employee’s
participation in such public office. The employee may receive pay for personal leave or vacation
(if applicable), if approved in advance by the Superintendent, during his absence. Prior to taking
leave, and as soon as possible after the need for such leave is discerned by the employee, he
must make written request for leave to the Superintendent/Executive Director, setting out, to the
degree possible, the dates such leave is needed. An employee who fraudulently requests sick
leave for the purpose of taking leave to serve in public office may be subject to non-renewal or
termination of his employment contract.
Legal Reference: A.C.A. § 6-17-115, 116
Date Revised: 01-03-12
K.13—CLASSIFIED PERSONNEL JURY DUTY & MILITARY LEAVE
Employees are not subject to discharge, loss of sick leave, loss of vacation time or any other
penalty due to absence from work for jury duty or when subpoenaed for other than personal
business, upon giving reasonable notice to the District through the employee’s immediate
supervisor. The employee must present the original (not a copy) summons to jury duty to his
supervisor in order to confirm the reason for the requested absence. Employees may be granted
a minimum of one-year leave for service in a national emergency. Such leave shall be approved
by the Board and shall be without pay. Applications for leave must be filed with the
Superintendent/Executive Director in writing and must clearly state all details under which the
leave is requested.
K.14—CLASSIFIED PERSONNEL LEAVE – INJURY FROM ASSAULT
The Board shall grant leave at full pay to any employee of the District who is absent from duty in
a public school due to personal injury from assault or other violent criminal act committed against
the employee in the course of employment in the public school. The leave shall last as long as
the employee is unable to return to work, but not to exceed one year from the date of the injury.
Leave granted under this provision shall not be charged to the sick leave of the employee. The
assault or criminal act must have been reported to and verified by the proper authority, i.e.,
police, etc. To apply for the leave of absence, and thereafter at the request of the Board after
leave is granted, the employee must present a statement from a medical doctor stating that the
employee is under the care of a doctor, and that the employee is incapable, by reason of the
personal injury sustained, to return to work. The Board may request that the employee be
examined by a medical doctor of the Board’s choosing to verify the inability of the employee to
return to work. If there is a disagreement between the employee’s doctor and the Board’s doctor,
a third opinion shall be requested from a medical doctor that both the employee and the Board
agree upon. In such a case, the decision from the agreed upon doctor shall be the decision that
the Board and the employee shall abide by. The employee shall not draw worker’s compensation
or hold any other job during the time the Board is paying full salary under the conditions of this
policy and act. The decision of the Board shall be final, and that decision shall not be subject to
appeal through any administrative proceeding, including District grievance policies or procedures.
K.15—INSULT OR ABUSE OF CLASSIFIED PERSONNEL
Employees are protected from abusive language and conduct by state law. An employee may
report to the police any language that is calculated to:
1. Cause a breach of the peace;
2. Materially and substantially interfere with the operation of the school; and/or
3. Arouse the person to whom the language is addressed to anger, to the extent likely to
cause imminent retaliation.
K.16—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT
An employee of the District may not be employed in any other capacity during regular working
hours as, assigned by the supervisor. An employee may not accept employment, outside of the
District, which will interfere, or otherwise be incompatible with the District employment, including
normal duties outside the regular work day; nor shall an employee accept other employment that
is inappropriate for an employee of a public school.
The Superintendent, or his designee(s), shall be responsible for determining whether outside
employment is incompatible, conflicting or inappropriate.
Legal Reference: A.C.A. § 6-24-106, 107, 111
K.17—CLASSIFIED PERSONNEL EMPLOYMENT AND ASSIGNMENT
All prospective employees must fill out an application form provided by the District, in addition
to any resume provided, all of which information is to be placed in the personnel file of those
employed. If the employee provides false or misleading information, or if he withholds information
to the same effect, it may be grounds for dismissal. Soon after being notified of employment
(prior to the start of school and before any payment for services) an employee must furnish the
business office with:
1. Results of TB skin tests or chest x-ray
2. Social security number
3. Certified statement of experience, if applicable
4. Current driver’s license
5. Birth certificate
6. Clean background check
The District will pay all fees associated with the background check for non-certified employees.
Employee may be employed contingent upon receipt of the background check.
The Board shall employ personnel based upon the Superintendent’s/Executive Director’s
recommendations. As a minimum, all employment contracts shall comply with the form mandated
by the State Board of Education. Employment of non-certified staff shall be in May. The
appropriate District personnel will conduct a personal interview as a part of the hiring procedure.
All employees are subject to assignment at the direction of the Superintendent. Insofar as
possible, employees shall be assigned to positions for which they are best qualified.
The Board shall conduct the school system on a racially nondiscriminatory, non-segregated
basis. In the employment of personnel, the Board will not discriminate against any employee or
applicant for employment because of age, race, religion, color, sex, national origin, or
handicapping condition.
K.18—CLASSIFIED PERSONNEL REIMBURSEMENT OF EXPENSES
Employees shall be reimbursed for personal and/or travel expenses incurred while performing
duties or attending workshops or other employment-related functions, provided that prior written
approval for the activity for which the employee seeks reimbursement has been received from
the Superintendent, principal (or other immediate supervision with the authority to make school
approvals), or the appropriate designee of the Superintendent/Executive Director and that the
teacher’s attendance/travel was at the request of the District. It is the responsibility of the
employee to determine the appropriate supervisor from which he must obtain approval.
Reimbursement claims must be made on forms provided by the District and must be supported
by appropriate, original receipts. Copies of receipts or other documentation are not acceptable,
except in extraordinary circumstances. Claims for reimbursement must be submitted to the
appropriate supervisor within thirty calendar days from the date of incurring the expense.
K.19—CLASSIFIED PERSONNEL TOBACCO USE
Smoking or the use of tobacco, or products containing tobacco in any form, in or on any property
owned or leased by the District, including buses or other school vehicles, is prohibited. This
policy applies to all employees and applies when they are performing their normal assigned
duties on or off school premises or as a part of school activities. All employees are prohibited
from using tobacco and tobacco related products on all school premises, on school
transportation, and at any school-sponsored function. Any violation of this policy will be
considered insubordination and employees will be subject to appropriate disciplinary action.
K.20—DRESS OF CLASSIFIED PERSONNEL
Employees shall ensure that their dress and appearance are appropriate to their positions. The
employee’s immediate supervisor, Principal and/or Superintendent/Executive Director may
determine the appropriateness of such dress.
K.21—CLASSIFIED PERSONNEL POLITICAL ACTIVITY
Employees are free to engage in political activity outside of work hours and to the extent that it
does not affect the performance of their duties or adversely affect important working
relationships. It is specifically forbidden for employees to engage in political activities on the
school grounds or during work hours. The following activities are forbidden on school property:
1. Using students for preparation or dissemination of campaign materials;
2. Distributing political materials;
3. Distributing or otherwise seeking signatures on petitions of any kind;
4. Posting political materials; and
5. Discussing political matters with students, in or out of the classroom, in other than
circumstances appropriate to the nature of the class.
Date Adopted July 1, 2010
K.22—CLASSIFIED PERSONNEL DEBTS & SALARY DEDUCTIONS
Except for payroll deductions required by the state or federal government, all deductions made
from salary shall be subject to Superintendent’s /Executive Director’s approval and voluntary on
the part of the individual employee. For all voluntary deductions, the employee shall complete a
form authorizing the deduction and the specific amount. The Superintendent/Executive Director is
authorized to establish reasonable cutoff dates for payroll deduction requests. All employees are
expected to meet their financial obligations. If an employee writes “hot” checks or has his income
garnished, dismissal may result. An employee will not be dismissed for having been the subject
of one garnishment. However, a second or third garnishment may result in dismissal. At the
discretion of the Superintendent/Executive Director, he or his designee may meet with an
employee who has received a second garnishment for the purpose of warning the employee that
a third garnishment will result in a recommendation of dismissal to the Board. At the discretion of
the Superintendent/Executive Director, a second garnishment may be used as a basis for a
recommended dismissal. The Superintendent/Executive Director may take into consideration
other factors in deciding whether to recommend dismissal based on a second garnishment.
Those factors may include, but are not limited to, the amount of the debt, the time between the
first and the second garnishment, and other financial problems that come to the attention of the
District.
K.23—CLASSIFIED PERSONNEL GRIEVANCES AND COMPLAINTS
The schools, recognizing the need for close cooperation between professional staff and
immediate supervisors encourage that grievances be resolved formally within each building.
However, employees shall have the right to present grievances and in doing so shall be assured
freedom from restraint, interference, discrimination, and reprisal in the preparation and
processing of such formal written grievances. If the employee's immediate supervisor determines
that the employees concern does not constitute a grievance, the employee may appeal that
determination. The process used will be the same as for a grievance.
The following procedure is hereby established to handle formal written grievances.
A grievance must be filed within sixty (60) calendar days of the date an employee becomes
aware of or reasonably should have become aware of a grievable issue.
DEFINITION: A calendar day is any day other than a scheduled school holiday.
Levels of Grievance Processing:
Level One – Principal or Immediate Supervisor
Level Two – Superintendent/Executive Director
Level Three-- School Board
LEVEL ONE: The aggrieved staff member shall request a form for filing a grievance from the
supervisor, Principal or Superintendent/Executive Director. Once this form has been completed
and presented to the supervisor, Principal or Superintendent/Executive Director, the individual
should request a conference with the immediate level supervisor or Principal. An effort to resolve
the grievance shall be made within fourteen calendar days of the requested conference.
LEVEL TWO:
a. If the aggrieved staff member is not satisfied with the disposition of his grievance at Level
One or no decision has been rendered within fourteen calendar days of the requested
conference, s/he must file the grievance with the Superintendent/Executive Director
within fourteen calendar days or drop proceedings.
c. Within fourteen calendar days after receipt of the written grievance by the
Superintendent/Executive Director, the Superintendent/Executive Director will meet with
the aggrieved staff member in an effort to resolve the grievance.
d. Both the Superintendent/Executive Director and the staff member have the option to
request the presence of a selected representative at this conference.
LEVELTHREE:
If the aggrieved staff member is not satisfied with the disposition of his grievance at Level Two
and if no decision has been rendered within fourteen calendar days after the meeting with the
Superintendent/Executive Director, s/he must request a hearing before the School Board or drop
proceedings. The Board shall grant the request provided such request is made in writing in care
of the Superintendent/Executive Director or President of the Board. The Board shall meet within
fourteen calendar days of the receipt of the request. This hearing shall be open to the public
unless either the Superintendent/Executive Director or the employee requests a private hearing.
A closed hearing will include only the Board members and those parties involved in the previous
proceedings. Parties involved may be accompanied by two selected representatives. The
Board, having final authority in such grievances, shall make an effort to make fair resolution of
each grievance. The Board shall have a period of ten days following the hearing in which to
render a decision. The Board shall report the resolution of such grievance to the aggrieved staff
member within five school days of said decision.
BENTON COUNTY SCHOOL OF THE ARTS GRIEVANCE FORM
SUBMIT TO SUPERINTENDENT/EXECUTIVE DIRECTOR IN DUPLICATE. ATTACH ADDITIONAL
SHEETS IF NEEDED.
NAME____________________________________ BUILDING___________________
DATE FILED ______________________________
Date cause of grievance occurred__________________________
LEVEL ONE: Statement of grievance:_______________________________________
______________________________________________________________________Relief
sought:___________________________________________________________
____________________________________________________________________
Action taken:___________________________________________________________
______________________________________________________________________
Date: __________________
Signature of Employee_____________________________
Signature of Immediate Supervisor/Principal_____________________________________
LEVEL TWO: Date received by Superintendent/Executive Director_______________________________
Action taken:___________________________________________________________
Date__________________________________________________________________
Signature of Employee___________________________________________________
Signature of Administrator_________________________________________________
LEVEL THREE:
Date received by President of School Board___________________________________
Date of Board Hearing____________________________________________________
Resolution by the Board__________________________________________________
Signature of Employee __________________________________
Date___________________________
Signature of President of Board____________________________
Date____________________________
SEXUAL HARASSMENT
The school recognizes that harassment on the basis of sex is a violation of law and common
courtesy. The BCSA is committed to providing a work environment free from sexual harassment
and will not tolerate such conduct on the part of any employee. If the facts appear to support
such a complaint, immediate action will be taken, including but not limited to discipline, warning,
suspension, or termination of the offending personnel. The School Board expects every charge
of sexual harassment to be thoroughly investigated.
The Equal Employment Opportunity Commission (EEOC) and the BCSA define sexual
harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or
physical contact of a sexual nature when:
4. Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment.
5. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting the individual.
6. Such conduct has the purpose or effect of substantially interfering with an individual's
work performance or creating an intimidating, hostile, or offensive working environment.
Forms of sexual harassment include, but are not limited to, the following:
4. Verbal harassment, including derogatory comments, jokes, requests or other unwelcome
sexually-oriented language.
5. Physical harassment, including unnecessary or offensive touching, repeatedly brushing
against another person's body, or impeding or blocking movement.
6. Visual harassment, including offensive posters, cards, cartoons, graffiti, drawings, or
gestures.
Any sexual harassment as defined when perpetrated on any student or employee by any student
or employee will be treated as sexual harassment under this policy.
Any person who believes sexual harassment is occurring should immediately report the
offensive conduct or communication to the harassing person’s immediate supervisor, unless said
supervisor is the person alleged to have caused the alleged sexual harassment. In such an
event, the person who believes he or she has been subject to sexual harassment should
immediately report the offensive conduct or communication to the appropriate Immediate
Supervisor, Principal or Superintendent/Executive Director. All initial complaints will be
investigated and resolved at the lowest possible level.
The initial investigation and the complaint shall be handled as a personnel matter in order to
provide as much protection and privacy to the grievant and the accused as is permissible under
state and federal law.
All reports under this policy must be made in writing on Sexual Harassment Report Form
#GAEB-R. Forms may be obtained from the Central Office.
INVESTIGATIVE PROCEDURE: The supervisor will:
4. Immediately notify the person accused of engaging in the harassing behavior that a
sexual harassment report has been filed. A copy of the report will be provided to all
parties involved.
5.
Investigate the report and take investigative action. The services of an external
investigator may be engaged by BCSA to perform the investigation.
6. The results of the investigation will be given to all parties in-writing within ten (I0) working
days of the receipt of the report.
Results of the initial report and investigation will be maintained by the supervisor unless further
personnel action is warranted.
If the resolution of the initial complaint and/or subsequent action by either party does not remedy
the situation, the initial investigator or grievance should report the continued behavior to the
Superintendent/Executive Director. At any point during the Superintendent/Executive Director’s
investigation, any party may avail himself/herself of representation. All parties will be apprised of
the representation. At the request of either the complainant, Superintendent/Executive Director
of BCSA Board of Education, an outside impartial investigator/agency may be requested to
assist with the investigation. Within ten (10) working days of receipt of the initial filing of the
sexual harassment grievance, a written report will be provided to all parties regarding the
findings and recommendations. If more than ten (10) days is required to produce the report, the
complainant, Superintendent/Executive Director, and Board of Education will be notified.
Action, if warranted, against any employee or student will be in compliance with all state and
federal laws and the Board policies of the BCSA. The Superintendent/Executive Director and
the School Board will make extraordinary efforts to protect the rights, privileges, and reputations
of all employees and students concerned.
If the investigation and/or recommended action at any time fail to resolve the situation to the
satisfaction of any party, that party may appeal to the School Board. All appeals will be
conducted in compliance with BCSA personnel policy and applicable state and federal laws.
BENTON COUNTY SCHOOL OF THE ARTS SEXUAL HARASSMENT FORM
Submit in duplicate to authority at the level where the grievance is to begin. Attach additional
sheets if more space is needed.
Level One: Principal/Immediate Supervisor
Level Two: Superintendent/Executive Director
Level Three: School Board
Name of
Grievant_____________________________________________________(certified)(classified)
Building ____________________________________________________________
Date Filed___________________________________________________________
LEVEL ONE:
Received
by_________________________________________________________(principal/supervisor)
Date_______________________________________________________________
B. Describe the offensive conduct or communication in as much detail as possible (be
specific and complete). Include the date(s) on which such conduct occurred or the
communication was made and the name of the person accused of engaging in the
harassing behavior.
C. Relief sought: (This should be completed in detail. Be specific).
D. Action taken by Immediate Supervisor/Principal
Written report received by______________________________________________(employee)
Date received________________________
with the decision.)
LEVEL TWO:
Received by:_________________________________________________________
(Superintendent/Executive Director)
Date
A_____Written notice of investigation received by___________________________(employee)
Date received___________________________
B______Action taken by the Superintendent/Executive Director:
Written report received by ______________________________________________(employee)
Date received
with the decision.)
LEVEL THREE:
Request for School Board hearing
Received by President of School
Board_____________________________________Date__________
Date of Board hearing
________________________________________________________________
Action taken by
Board_________________________________________________________________
_____________________________________________________________________________
______
Signature of Board
President______________________________________________Date___________
Written report received
by________________________________________________Date___________
with the decision.)
Optional:
Attach a request for an open hearing and or request for written record
ADA GRIEVANCE
The school provides this internal grievance procedure to facilitate a prompt and equitable
resolution of complaints alleging any action prohibited by the U. S. Department of Justice
regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part,
that "no otherwise qualified disabled individual shall, solely by reason of such disability, be
excluded from the participation in, be denied the benefits for, or be subjected to discrimination" in
programs or activities sponsored by a public entity.
Complaints should be addressed to: Equity Coordinator, 400 NW 2nd, BCSAAR 72712, or call
501-271-1100. The Equity Coordinator has been designated to coordinate ADA compliance
efforts. The following procedures are to be followed to expedite such complaints:
2. A complaint should be filed in writing or verbally, giving the name and address of the
person filing it, and a brief description of the alleged violation of the regulations.
3. The complaint should be filed within five (5) working days after the complainant becomes
aware of the alleged violation.
4. An investigation, as may be appropriate, will follow a filing of the complaint. The
investigation shall be conducted by the Equity Coordinator. This process contemplates
informal but thorough investigations, affording all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to a complaint.
4. A written determination as to the validity of the complaint and a description of the
resolution, if any, shall be issued by the Equity Coordinator and a copy forwarded to the
complainant no later than ten (I0) working days after its filing.
6. The Equity Coordinator will maintain the files and records of the BCSA relating to the
complaints filed.
7. The complainant can request a reconsideration of the case in instances where he or she
is dissatisfied with the resolution. The request for reconsideration should be made in
writing within ten (10) days to the administrator.
8. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies such as the
filing of an ADA complaint with the responsible federal department or agency. Use of this
grievance procedure is not a prerequisite to the pursuit of other remedies.
9. This entire process shall be constituted to protect the substantive right of interested
persons, to meet appropriate due process standards, and to assure that the BCSA
complies with the ADA and implementing regulations.
*These procedures are for members of the public, clients, visitors, and any other individuals not
covered under the BCSA grievance policy.
Employees are expected to follow the “chain of command” regarding grievances or work
conditions perceived to be threatening or undesirable. The chain of command consists of, in
order, immediate supervisor, building principal, and Superintendent/Executive Director. If
resolution is not achieved at either level, the employee may file a grievance with the Board of
Education.
K.25—CLASSIFIED PERSONNEL SUPERVISION OF STUDENTS
All District personnel are expected to conscientiously execute their responsibilities to promote
the health, safety, and welfare of the District’s students under their care. The
shall direct all principals to establish regulations ensuring staff supervision of students
throughout the school day and at extracurricular activities.
Non-certified staff shall:
1. Conduct themselves in a professional manner at all times.
2. Never comment unprofessionally about any student, school employee, or parent.
3. Never disclose confidential information about any student, school employee, or parent.
4. Never use profanity, language, gestures, or actions that are normally considered offensive
or insulting.
5. Avoid religious and/or political discussions with students, school employees, or parents
during working hours.
6. Never hit, spank, or otherwise discipline students. All discipline will be referred to the
building principal.
K.26—CLASSIFIED PERSONNEL TECHNOLOGY ACCEPTABLE USE POLICY
The Benton County School District provides computers and/or Internet access to assist
employees in performing work related tasks. Computers are the property of the District and are
provided solely for educational use. The District agrees to allow the employee identified below
to use the District's technology under the following terms and conditions:
Conditional Privilege: The Employee's use of the District's access to the Internet is a privilege
conditioned on the Employee's abiding to this agreement.
Acceptable Use: The Employee agrees that in using the District's Internet access he/she will
obey all federal and state laws and regulations. Internet access is provided as an aid to
employees to enable them to better perform their job responsibilities. Under no circumstances
shall an Employee's use of the District's Internet access interfere with, or detract from, the
performance of his/her job-related duties or interfere with the rights of others to access the
network, Internet, or Intranet.
Penalties for Improper Use: If the Employee violates this agreement, the Employee shall be
subject to disciplinary action up to and including termination or non-renewal of the employment
contract. Misuse of the District's computers includes, but is not limited to, the following:
1. Using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as
deemed by prevailing community standards.
2. Using abusive or profane language in private messages on the system or using the system
to harass, insult, or verbally attack others.
3. Posting anonymous messages on the system.
4. Using encryption software.
5. Wasteful use of limited resources provided by the school, including paper and printing
supplies.
6. Excessive use of computers, computer equipment, or Internet access for personal use.
7. Causing congestion of the network through lengthy downloads of files.
8. Vandalizing data of another user.
9. Obtaining or sending information that could be used to make destructive devices such as
guns, weapons, bombs, explosives, or fireworks.
10. Gaining unauthorized access to resources or files.
11. Identifying oneself with another person's name or password or using an account or
password of another user without proper authorization.
12. Using the network for financial or commercial gain without District permission, theft or
vandalism of data, equipment, or intellectual property.
13. Invading the privacy of individuals.
14. Using the Internet for any illegal activity, including computer hacking and copyright or
intellectual property law violations.
15. Introducing a virus to, or otherwise improperly tampering with the system.
16. Degrading or disrupting equipment or system performance.
17. Creating a web page or associating a web page with the school or the District without
proper authorization.
18. Attempting to gain access or gaining access to student records, grades, or files of students
not under their jurisdiction.
19. Providing access to the District's Internet Access to unauthorized individuals or taking
part in any activity related to Internet use which creates a clear and present danger of the
substantial disruption of the orderly operation of the District or any of its schools.
20. Installing unauthorized software.
21. Purchasing hardware or software without approval from the building principal or the
District’s technology staff.
22. Moving hardware without the permission of the technology staff.
23. Using unauthorized devices or attaching unauthorized devices to the network including
but not limited to: personal computers, PDA’s, WiFi enabled phones, and wireless access
points. If additional technology equipment is needed in the performance of duties, it
should be requested through District Technology Services (DTS).
24. Passwords or security procedures are to be used according to District security policy, and
confidentiality of student records is to be maintained at all times. Employees must not
disable or bypass security procedures, compromise, attempt to compromise, or defeat the
District’s technology network security, alter data without authorization, disclose
passwords to other staff members or students, or grant students access to any computer
not designated for student use. When users are logged in, workstations must not be left
unattended. Users should log out or lock the workstation when not in use. All equipment
that contains sensitive data must be secured to deter theft. No sensitive data shall be
retained on laptop, desktop, or remote devices (home computer, thumb drives, personal
digital assistants, cell phones, CDs, etc.) unless encrypted in accordance with the
Arkansas State Security Office’s Best Practices.
25. Email accounts are provided to District and contract employees as deemed necessary for
conducting official district business. Guest Teachers are not granted network access or
email accounts. Violations of this policy will be subject to disciplinary action.
No Expectation of Privacy: Benton County School of the Arts provides computers and/or
computer Internet access for many employees to assists employees in performing work related
tasks. Employees are advised they enjoy no expectation of privacy in any aspect of their
computer use, including email, and that under Arkansas law both email and computer use
records maintained by the District are subject to disclosure under the Freedom of Information Act.
The Employee agrees that the District may monitor the employee’s use of the Internet and may
also examine all system activities the Employee participates in, including but not limited to email,
voice, and video transmissions, to ensure proper use of the system. No employee or student
related reprimands or other disciplinary communications or sensitive student data should be
made through email.
Legal Reference: 20 USC 6801 et seq. (Children’s Internet Protection Act; PL 106-554)
A.C.A. § 6-21-107, A.C.A. § 6-21-111
K.26F—CLASSIFIED PERSONNEL COMPUTER USE AGREEMENT FORM
Signature: The Employee, who has signed below, has read the Employee Computer Use Policy
and agrees to be bound by its terms and conditions.
Name (Please Print) ______________________________________________________
School ___________________________________________ Date _________________
Employee's Signature ___________________________________ Date______________
K.27 – CLASSIFIED PERSONNEL SCHOOL CALENDAR
The Certified Personnel Policies Committee (PPC) will present a proposed a school calendar to
the Superintendent/Executive Director for recommendation for approval to the BCSA Board of
Education. The PPC shall have the time prescribed by law and/or policy in which to
make any suggested changes before the Board may vote to adopt the calendar.
K.29—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE
Definitions
Active Duty: is duty under a call or order to active duty under a provision of law referred to in
10 USC § 101(a) (13) (B).
Contingency Operation: has the same meaning given such term in 10 USC § 101(a)(13).
Covered Service Member: is a member of the Armed Forces, including a member of the
National Guard or Reserves, who is a undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious
injury or illness.
Eligible Employee: is an employee who has been employed by the district for at least twelve
months and for 1,250 hours of service during the twelve month period immediately preceding the
commencement of the leave. Full time, licensed teachers are considered to have met the 1,250
hour requirement for eligibility.
Health Care Provider: is a doctor of medicine or osteopathy who is authorized to practice
medicine or surgery (as appropriate) by the state in which the doctor practices. It also includes
any other person determined by the U.S. Secretary of Labor to be capable of providing health
care services.
Instructional Employee: is a teacher whose principal function is teach and instruct students in a
class, a small group, or an individual setting and includes, athletic coaches, driving instructors,
and special education assistants such as signers for the hearing impaired. The term does not
include administrators, counselors, librarians, psychologists, or curriculum specialists who are
included under the broader definition of “eligible employee” (to the extent the employee has
been employed for twelve months).
Next of Kin: used in respect to an individual, means the nearest blood relative of that individual.
Outpatient Status: used in respect to a covered service member, means the status of a member
of the Armed Forces assigned to:
1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of
the Armed Forces receiving medical care as outpatients.
Parent: is the biological parent of an employee or an individual who stood in loco parentis to an
employee when the employee was a son or a daughter.
Serious Health Condition: is an injury, illness, impairment, or physical or mental condition that
involves inpatient care or continuing treatment by a health care provider.
Serious Injury or Illness: used in respect to a member of the Armed Forces, including the
National Guard or Reserves, it means an injury or illness incurred by the member in the line of
duty on active duty in the Armed Forces that may render the member unfit to perform the duties
of the member’s office, grade, rank, or rating.
Year: the twelve month period of eligibility shall begin on the first duty day of the school year.
Policy
The provisions of this policy are intended to be in line with the provisions of the FMLA. If any
conflict(s) exist, the Family Medical Leave Act of 1993 shall govern.
Leave Eligibility
The District will grant up to twelve weeks of leave in a year accordance with the Family Medical
Leave Act of 1993 (FMLA) to its eligible employees for one or more of the following reasons:
1. Because of the birth of a son or daughter of the employee and in order to care for such
son or daughter;
2. Because of the placement of a son or daughter with the employee for adoption or foster
care;
3. In order to care for the spouse, or a son, daughter, or parent, of the employee, if such
spouse, son, daughter, or parent has a serious health condition; and
4. Because of a serious health condition that makes the employee unable to perform the
functions of the position of such employee.
5. Because of any qualifying exigency (as the U.S. Secretary of Labor 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. The entitlement to leave for
reasons 1 and 2 listed above shall expire at the end of the twelve month period beginning on the
date of such birth or placement. An eligible employee who is the spouse, son, daughter, parent,
or next of kin of a covered service member shall be entitled to a total of twenty-six weeks of leave
during one twelve month period to care for the service member. During the single twelve month
period, the eligible employee is entitled to a combined total of twenty-six weeks of leave to care
for the covered service member and for reasons 1 through 5 listed above. Leave taken, which
does not include caring for a covered service member, is limited to twelve weeks in a year.
If husband and wife are both eligible employees employed by the District, the husband and wife
are entitled to a total of twenty-six weeks of leave during one twelve month period to care for
their spouse, son, daughter, parent, or next of kin who is a covered service member. During the
single twelve month period, the eligible husband and wife are entitled to a combined total of
twenty-six weeks of leave to care for a covered service member and for reasons 1 or 2 listed
above or to care for a parent with a serious health condition. Leave taken, which does not
include caring for a covered service member, is limited to a combined total of twelve weeks in a
year when taken for reasons 1 or 2 listed above or to care for a parent with a serious health
condition.
District Notice to Employees
The District shall post, in conspicuous places in each school within the district, where notices to
employees and applicants for employment are customarily posted, a notice explaining the
FMLA’s provisions and providing information about the procedure for filing complaints with the
Department of Labor.
Employee Notice to District
Foreseeable: When the need for leave is foreseeable for reasons 1 through 4 or for the care of a
covered service member listed above, the employee shall provide the District with not less than
thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave
for the specified reason, except that if the date of the treatment requires leave to begin in less
than thirty days, the employee shall provide such notice as is practicable. As soon as practicable
means as soon as both possible and practical, taking into account all of the facts and
circumstances in the individual case.
When the necessity for leave is for reason 5 listed above is foreseeable, whether because the
spouse, son, daughter, or parent of the employee is on active duty, or because of notification of
an impending call or order to active duty in support of a contingency operation, the employee
shall provide such notice to the District as is reasonable and practicable.
When the need for leave is for reasons 3 or 4 or for the care of a covered service member listed
above, the employee shall make a reasonable effort to schedule the treatment so as not to
disrupt unduly the operations of the District subject to the approval of the health care provider of
the spouse, son, daughter, or parent of the employee. Failure by the employee to give thirty days
notice may delay the taking of FMLA leave until at least thirty days after the date the employee
provides notice to the District.
Unforeseeable: When the approximate timing of the need for leave is not foreseeable, an
employee shall provide the District notice of the need for leave as soon as practicable given the
facts and circumstances of the particular case. Ordinarily, the employee shall notify the District
within two working days of learning of the need for leave, except in extraordinary circumstances
where such notice is not feasible. Notice may be provided in person, by telephone, telegraph,
fax, or other electronic means.
Medical Certification
When the need for leave is for reasons 3 or 4 listed above or for the care of a covered service
member, the employee should provide a medical certification from a licensed, practicing health
care provider supporting the need for leave at the time the notice for leave is given, but must
provide certification at least fifteen days prior to the date the leave is to begin. The certification
shall include the date on which the serious health condition began, the probable duration of the
condition, and the appropriate medical facts within the knowledge of the health care provider
regarding the condition. Leave taken for reason 3 listed above, must include certification that the
eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of
the amount of time the employee is needed to provide the care. For reason 4 listed above, the
certification must include a statement that the employee is unable to perform the required
functions of his/her position.
If FMLA leave is to be taken on an intermittent of reduced work schedule basis for planned
medical treatment, the certification shall include the dates on which such treatment is expected to
be given and the duration of such treatment.
Second Opinion: In any case where the District has reason to doubt the validity of the
certification provided, the District may require, at its expense, the employee to obtain the opinion
of a second health care provider designated or approved by the employer. If the second opinion
differs from the first, the District may require, at its expense, the employee to obtain a third
opinion from a health care provider agreed upon by both the District and the employee. The
opinion of the third health care provider shall be considered final and be binding upon both the
District and the employee.
Recertification: The District may request the employee obtain a recertification, at the employee’s
expense, no more often than every thirty days unless one or more of the following circumstances
apply;
1. The employee requests an extension of leave;
2. Circumstances described by the previous certification have changed significantly; and/or
3. The District receives information that casts doubt upon the continuing validity of the
certification. The employee must provide the recertification in no more than fifteen calendar days
after the District’s request.
No second or third opinion on recertification may be required.
Sick Leave and Family Medical Leave Act (FMLA) Leave
When an employee takes sick leave, the District shall determine if the leave qualifies for FMLA
leave. The District may request additional information from the employee to help make the
applicability determination. If the leave qualifies under the FMLA, the District will notify the
employee, either orally or in writing, of the decision within two workdays. If the leave is
intermittent or on a reduced schedule as defined in this policy and the circumstances of the leave
do not change, the District is only required to notify the employee once of the determination
regarding the applicability of sick leave and/or FMLA leave. To the extent the employee has
accrued paid leave, any leave taken that qualifies for FMLA leave shall be paid leave and
charged against the employee’s accrued leave.
Concurrent Leave
The District requires employees to substitute any applicable accrued leave for any part of the
twelve week period of FMLA leave. All FMLA leave is unpaid unless substituted by applicable
accrued leave.
Workers Compensation
FMLA leave may run concurrently with a workers’ compensation absence when the injury is one
that meets the criteria for a serious health condition. To the extent that workers compensation
benefits and FMLA leave run concurrently, the employee will not be charged for any paid leave
accrued by the employee. If the health care provider treating the employee for the workers
compensation injury certifies the employee is able to return to a “light duty job,” but is unable to
return to the employee’s same or equivalent job, the employee may decline the district’s offer of
a “light duty job.” For the duration of the employee’s FMLA leave, the employee will be paid
for the leave to the extent that the employee has accrued applicable leave.
Health Insurance Coverage
The District shall maintain coverage under any group health plan for the duration of FMLA leave
the employee takes at the level and under the conditions coverage would have been provided if
the employee had continued in active employment with the District. The employee remains
responsible for any portion of premium payments customarily paid by the employee. When on
unpaid FMLA leave, it is the employee’s responsibility to submit their portion of the cost of the
group health plan coverage to the District’s business office on or before it would be made by
payroll deduction.
If an employee gives unequivocal notice of intent not to return to work, or if the employment
relationship would have terminated if the employee had not taken FMLA leave, the District’s
obligation to maintain health benefits ceases.
If the employee fails to return from leave after the period of leave to which the employee was
entitled has expired, the District may recover the premiums it paid to maintain health care
coverage unless:
1. The employee fails to return to work due to the continuation, reoccurrence, or onset of a
serious health condition that entitles the employee to leave under reasons 3 or 4 listed
above; and/or
2. Other circumstances exist beyond the employee’s control.
Circumstances under “a” listed above shall be certified by a licensed, practicing health care
provider verifying the employee’s inability to return to work.
Reporting Requirements During Leave
Employees shall inform the District every two weeks during FMLA leave of their current status
and intent to return to work.
Return to Work
Medical Certification: An employee who has taken FMLA leave under reason 4 stated above
shall provide the District with certification from a health care provider that the employee is able
to resume work.
Return to Previous Position: An employee returning from FMLA leave is entitled to be returned
to the same position the employee held when leave commenced, or to an equivalent position with
equivalent benefits, pay, and other terms and conditions of employment. An equivalent position
must involve the same or substantially similar duties and responsibilities, which must entail
substantially equivalent skill, effort, and authority. The employee may not be restored to a
position requiring additional licensure or certification.
Failure to Return to Work: In the event that an employee is unable or fails to return to work, the
Superintendent/Executive Director will make a determination at that time regarding the
documented need for a severance of the employee’s contract due to the inability of the employee
to fulfill the responsibilities and requirements of their contract.
APPLICATION FOR FAMILY MEDICAL LEAVE
(To be filled in by employee)
NAME___________________________________________DATE OF HIRE_______________
Reason for leave (Circle the appropriate letter):
a
the birth of a child or the placement of a child for adoption
b
to care for a family member (child, spouse, or parent) with a serious health condition
c
your own serious health condition
Answer the following if the leave is for your own serious health condition.
What is the nature of your illness?
_____________________________________________________________________________
__
_____________________________________________________________________________
__
Is hospitalization required? Yes_________No___________
Are you able to perform the essential functions of the job? Yes_____ No_______
(To be filled out by the Superintendent/Executive Director or Designee)
Does the illness qualify the employee under the provisions of the American with Disabilities Act
(ADA)? Yes ________________No________________ If Yes, please explain.
_____________________________________________________________________________
_______
_____________________________________________________________________________
_______
If the employee is considered disabled, would a reasonable accommodation under ADA enable
the employee to continue
to perform the job? Yes _________No______________
Is the employee able to perform work of any kind?
Yes ____________No______________
Does the employee request all 12 weeks consecutively? Yes
____________No____________
Did you discuss the possibility of intermittent or reduced schedule leave? Yes_______
No___________
Does the employee understand that intermittent or reduced schedule leave will not reduce the
total amount of leave available? Yes ____________No _________________
Would it be better to transfer the employee to another job during intermittent or reduced work
schedule leave? Yes _______________No________________
Answer the following if the leave is to care for the employee's seriously ill family member.
Does the relationship qualify for FMLA? (A son or daughter, biological, adopted, or foster child,
step-child, a legal ward, or a child under 18 years old, or 18 or older and incapable of self-care
because of mental or physical disability; a husband or wife, including common-law recognition in
certain states; and parents. In-laws are not covered by FMLA.)
Yes__________________No______________________.
Is in-patient hospitalization of the family member required? Yes_________
No____________
Does the patient require assistance for basic medical, hygiene, nutritional needs, safety or
transportation? Explain.
Ask the employee to state in their own words the care to be provided to the family member and
the estimated duration of the treatment.
If the employee agrees to an intermittent or reduced schedule leave, put the schedule in writing
and have the employee sign
:
EMPLOYER RESPONSE TO EMPLOYEE REQUESTING FMLA
DATE:
TO:
FROM:
SUBJECT:
REQUEST FOR FAMILY/MEDICAL LEAVE
On ____________________ you notified the BCSA of your need to take family/medical leave
due to:
______the birth of 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 of
your job; or
______a serious health condition affecting your_____spouse,_____child, _____parent, for which
you are needed to provide care.
You notified the BCSA that you need this leave beginning on___________and that you expect
the leave to continue until on or about_________________.
Except as explained below, you have a right under the FMLA for up to 12 weeks of unpaid leave
in a 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.
This is to inform you that
2. You are _____eligible _______not eligible for leave under FMLA.
3. The requested leave will be counted against your annual FMLA leave entitlement.
4. You_____will _____will not be required to furnish medical certification of a serious health
condition. If required, you must furnish certification by ___________________(must be
at least 15 days after you are notified of this requirement) or the BCSA may delay the
commencement of your leave until the certification is submitted.
5. You will be required to use any accumulated sick and personal days during the FMLA.
6. A. If you normally pay a portion of the premiums for your health insurance, the payments
will continue during the period of FMLA leave. An arrangement for these payments has
been discussed with you and it is agreed that you will make premium payments by the
10th of each month to the Payroll Department of BCSA.
B If payment is not made timely, your group health insurance may be canceled,
providing the BCSA notifies you in writing at least 15 days before the date that your
health coverage will lapse. The BCSA will not pay your share of health insurance
premiums while you are on leave.
*The BCSA will not pay the premiums for other benefits (life insurance, disability
insurance, etc.) while you are on FMLA.
7. 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.
8. You _____are _____are not a "key employee" as described in par 825.218 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 BCSA.
The BCSA _____has _____has not determined that restoring you to employment at the
conclusion of FMLA leave will cause substantial and grievous economic harm to the BCSA.
Explain:
10. While on leave, you _____will _____will not be required to furnish the BCSA with periodic
reports of your status and intent to return to work. If the circumstance of your leave
changes and you are able to return to work earlier than the date indicated on your
application for leave, you _____will _____will not be required to notify the BCSA at least
two working days prior to the date you intend to report for work.
11. You _____will _____will not be required to furnish rectification relating to a serious health
condition. (Explain if necessary)
Intermittent or Reduced Schedule Leave
Eligible employees may only take intermittent or reduced schedule leave for reasons 1 and 2
listed above if the District agrees to permit such leave upon request of the employee.
Eligible employees may take intermittent or reduced schedule leave due to reasons 3 and 4 listed
above or to care for a covered service member if they have:
1. Made a reasonable effort to schedule the treatment so as not to disrupt unduly the
operations of the employer, subject to the approval of the health care provider of the
employee or the health care provider of the son, daughter, spouse, or parent of the
employee, as appropriate; and
2. Provided the employer with not less than thirty days' notice, before the date the leave is to
begin, of the employee's intention to take leave under such subparagraph, except that if
the date of the treatment requires leave to begin in less than thirty days, the employee
shall provide such notice as is practicable.
Eligible employees requesting intermittent or reduced schedule leave that is foreseeable based
on planned medical treatment may be transferred to an alternative position for which the
employee is qualified with equivalent pay and benefits that better accommodates the employee’s
intermittent or reduced schedule leave.
If an eligible employee who meets the definition of an instructional employee requests
intermittent or reduced schedule leave that is foreseeable based on planned medical treatment
and the employee would be on leave for greater than twenty percent of the total number of
working days in the period during which the leave would extend, the district may require the
employee to elect either:
1. To take medical leave for periods of a particular duration, not to exceed the duration of
the planned medical treatment; or
2. To transfer temporarily to an available alternative position offered by the employer for
which the employee is qualified and that has equivalent pay and benefits and better
accommodates recurring periods of leave than the regular employment position of the
employee.
Leave Taken By Eligible Instructional Employees Near The End of the Academic Term
Leave more than five weeks prior to end of term: If the eligible, instructional employee begins
leave, due to reasons 1 through 5 listed above or to care for a covered service member, more
than five weeks prior to the end of the academic term, the district may require the employee to
continue taking leave until the end of such term, if:
1. The leave is of at least three weeks duration; and
2. The return to employment would occur during the three week period before the end of
such term. Leave less than five weeks prior to end of term: If the eligible, instructional employee
begins leave, due to reasons 1 through 3 listed above or to care for a covered service member,
during the period that commences five weeks prior to the end of the academic term, the district
may require the employee to continue taking leave until the end of such term, if:
1. The leave is of greater than two weeks duration; and
2. The return to employment would occur during the two week period before the end of
such term. Leave less than three weeks prior to end of term: If the eligible, instructional
employee begins leave, due to reasons 1 through 3 listed above or to care for a covered service
member, during the period that commences three weeks prior to the end of the academic term
and the duration of the leave is greater than five working days, the agency or school may require
the employee to continue to take leave until the end of such term.
Legal References: 29 USC 2601 et seq.
29 CFR 825.100 et seq.
K.30—TEACHER DEFERRED RETIREMENT OPTION PLAN
Teachers and other school employees who elected T-DROP with the Arkansas Teacher
Retirement System before September 1, 2003 will be paid a stipend in an amount equal the
teacher retirement matching, not to exceed 12%, less the amount required by law to be paid to
the Arkansas Teacher Retirement System. The amount will be paid as a bonus each year the
employee works for the District after choosing T-DROP up to the 10 year limitation on T-DROP
participation. Once the employees ceases to be an active participant in T-DROP after the 10 year
limitation, no further stipends will be payable under this policy.
Teachers and other school employees who elected T-DROP with the Arkansas Teacher
Retirement System on or after September 1, 2003 are not eligible for the stipend.
Legal Reference: A.C.A. 24-7-1301 et al
Date Adopted: June 10, 2003
Last Revised: June 10, 2008
K.31—CLASSIFIED PERSONNEL TRANSFERS AND VACANCIES
When there is a vacancy, any staff member who is qualified by training and experience may
request a transfer to the vacant position. This request must be made in writing to the supervisor
or building principal in whose building the vacancy occurs. Transfers may be granted if it is in the
best interest of the total school program as determined by the building principal/principals
involved, supervisor, the Superintendent/Executive Director, and the Board. In cases where there
is more than one qualified candidate for a vacancy, the person that is best suited by training,
experience, and other qualities deemed necessary will be selected to fill the position.
Reasonable efforts shall be made to notify employees currently employed in the District of
vacancies occurring so that applications for transfer can be timely made and considered. A
qualified District employee who submits a written notification of interest in the position will be
granted an interview before outside applicants are considered.
During the school year, notice of a vacancy may be posted in buildings for a period of not less
than five school days prior to filling the vacancy. Applications for transfer will be accepted
during this time. Employee job openings will also be posted on the District web site.
The District reserves the right to transfer employees within the District.
During the summer months, notification will be handled as follows:
Any employee desiring to transfer from one position to another may leave his/her name, summer
address, telephone numbers, and a position desired with the Superintendent/ExecutiveDirector or
his designee. If a
resignation is tendered during the summer months the person requesting notification of the
vacancy can be notified by mail or telephone prior to the position being filled.
K.31F—CLASSIFIED PERSONNEL REQUEST FOR NOTIFICATION OF VACANCIES FORM
This form is to be used by all current staff members who are qualified for and interested in
applying for specific vacancies that may occur during the summer.
Name __________________________________________________________________
Present Position __________________________________________________________
Building ________________________________________________________________
Position or positions in which I am interested:
________________________________________________________________________
________________________________________________________________________
Summer Address:
____________________________________________________
____________________________________________________
____________________________________________________
Telephone___________________________________________
Date of this Request:___________________________________
Return completed form to:
Benton County School of the Arts District
2005 S. 12th St.
Rogers, AR 72758
This form is a request for notification of vacancies. Once you receive notice of a vacancy that is
of interest to you, it is your responsibility to make formal application for the job in question.
K.32—CLASSIFIED PERSONNEL RESIGNATION
Any employee who wishes to resign shall give a minimum of thirty-calendar day’s written notice
of such intent. Written notice should be addressed to the Board and given to the supervisor or
administration office. Fewer than thirty days notice requires mutual agreement between the
Board and the staff member.
K.32F— CLASSIFIED PERSONNEL RESIGNATION STATEMENT FORM
I, _______________________________________________________, hereby resign my
position as ______________________________________________________________,
effective ________________________________________________________________.
My forwarding address is:
_____________________________________
_____________________________________
_____________________________________
___________________________________ ____________________________
Signature Date
K.33— CLASSIFIED PERSONNEL RETIREMENT PAY FOR ACCUMULATED SICK LEAVE
1. All employees who retire from the Benton County School of the Arts District will be paid for all
days in excess of thirty days up to ninety days for accumulated sick leave days.
2. Payment for accumulated sick leave will be at the non-certified substitute rate of pay in effect
for that school year.
3. Payment will be made by the end of the school term so that the payment is included in the
employee’s final salary provided that documentation has been received by the
Superintendent’s office that the person is eligible for and will be drawing benefits from either
the Arkansas Teacher Retirement System or the Arkansas Public Employees Retirement
System.
4. Employees who retire and receive benefits from either the Arkansas Teacher Retirement
System or the Arkansas Public Employees Retirement System that return to work for the
District under contract will continue to accrue sick leave days as provided by law (currently
one day per month). However, the employee shall not qualify for emergency sick leave and
no further payment for accumulated sick leave will be made.
5. An employee may choose to receive payment for unused sick leave before retirement if
he/she is eligible to and does elect T-DROP. The employee will receive the non-certified
substitute rate of pay for accumulated sick leave. That amount will be paid to the employee
at the end of the school year before participation in T-DROP begins provided the employee
has on file with the Superintendent’s office a copy of the properly completed T-DROP
election form. The employee will continue to accrue sick leave days as provided by law
(currently one day per month) after electing T-DROP. However, the employee shall not
qualify for emergency sick leave and no further payment for accumulated sick leave will be
made. Employees electing T-DROP who choose not to receive payment for accumulated sick
leave under paragraph 5 of this policy shall be considered retired under paragraph 1 through 3 of
this policy when that employee actually ceases to be under contract with the Benton County
School of the Arts.
K.34— CLASSIFIED PERSONNEL ARRANGEMENTS FOR SUBSTITUTES
Employees who are unable to report for work for any reason shall follow current District
administrative procedures and policies for notifying supervisors of absences and substitute
arrangements.
The contracting and paying of substitutes shall be a responsibility of the District.
K.35—CLASSIFIED PERSONNEL VERIFICATION AND CREDIT FOR PREVIOUS
EXPERIENCE
Employees of the District who are not required to hold an Arkansas Teaching certificate as a
condition of employment (non-certified employees) shall be granted credit for all prior years
experience on the District’s non-certified salary schedule:
1. Employees must have worked a minimum of 120 days with the previous employer(s)
during each school year to receive one-year credit on the salary schedule. A partial
school year from more than one employer during a single school year may be combined
to meet the 120 day minimum. In no case shall more than one year credit be granted for
any one school year.
2. Credit shall be granted in full year increments only.
3. A “day” under this policy is defined as being of at least five hours duration.
4. The experience must have been in a position directly related to the position the employee
is being contracted for in the District. “Directly Related” means skills and abilities
learned from prior work experience outside the District that increases the employee’s
abilities to perform the work being contracted for in the District.
5. The Superintendent/Executive Director or designate will award credit for prior work experience
based on the recommendation of the employee’s supervisor.
6. Employees transferring from one job within the District to another job in the District may
lose or gain credit for previous experience under this policy.
7. Written verification, signed by the appropriate school or business official, is required on
forms provided by the District or their equivalent substitute.
a. Credit may be granted pending verification and the employee’s contract shall be
noted as contingent upon receipt of this verification.
b. Credit not verified or that does not qualify once verification has been received shall
be removed from the contract. The overpayment shall be deducted from the
employee’s remaining payroll checks for that school year.
c. Credit claimed by the employee after the initial contract has been issued will be
granted during the year verification is received and approved. Credit will not be
applied retroactively to prior school years.
K.36—CLASSIFIED PERSONNEL BENEFITS
The Benton County School of the Arts District provides a comprehensive benefit package to meet
the needs its non-certified personnel and their families. For each eligible employee, the District:
1. Contributes per month for medical insurance.
2. Contributes the state required matching to the Arkansas Teacher Retirement System.
3. Provides one sick leave day per calendar month worked as required by law.
4. Provides up to twenty days emergency sick leave with an option for twenty additional days.
5. Provides personal leave.
6. Provides professional leave.
7. Provide jury duty and military leave. See 8.14 – Non-Certified Personnel Jury Duty
and Military Leave.
8. Offers a wide range of supplemental insurance plans available by payroll deduction.
9. Offers tax sheltered 403b available by payroll deduction.
11. Offers a Section 125 “cafeteria plan” for qualifying insurance premiums and medical
expenses that can result in substantial tax savings.
K.37—CLASSIFIED PERSONNEL PAID BREAKS AND OVERTIME
Two fifteen minute breaks will be provided during each regular workday for those non-certified
employees working more than twenty hours per week.
Employees who are expected to work twenty hours per week or less will not receive paid breaks.
Employees may take their thirty minute duty free lunch and fifteen minute breaks consecutively
for a full hour lunch break if requested by the employee in writing and approved by the principal
or supervisor.
Non-certified employees who are not administrators, supervisors, or considered exempt
employees under the Fair Labor Standards Act are prohibited from:
1. Working at times other than their scheduled work hours unless specifically authorized by
the principal or supervisor. Written authorization shall be kept with the employee’s time
2. Taking work home with them.
If the employee’s total hours worked during the week exceeds contracted hours:
1. If the employee’s supervisor required the employee work overtime, the employee may
be paid overtime at 1.5 times the employee’s hourly rate of pay or compensatory time off
may be taken prior to June 30, with supervisor’s approval, at 1.5 times the overtime
hours worked.
2. If the overtime was not required by the employee’s supervisor, compensatory time off
will be granted and must be taken , with supervisor’s approval, prior to June 30, at 1.5
times the overtime hours worked.
Violation of this policy will result in disciplinary action including termination.
Legal Reference: Act 1752 of 2003
K.38—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING
School employees who have witnessed, or are reliably informed that, a student has been a victim
of bullying as defined in this policy, including a single action which if allowed to continue would
constitute bullying, shall report the incident(s) to the principal. The principal or his/her designee
who receives a credible report or complaint of bullying shall promptly investigate the complaint or
report and make a record of the investigation and any action taken as a result of the investigation.
Bullying of a public school student or a public school employee is prohibited. The person or
persons reporting behavior they consider to be bullying shall not be
subject to retaliation or reprisal in any form.
District employees are required to help enforce implementation of the District’s anti-bullying
policy. The District’s definition of bullying is included below. Students who bully another
person are to be held accountable for their actions whether they occur on school, school
equipment or property, off school grounds at a school sponsored or school approved function,
activity, or event; or going to or from school or a school activity. Students are encouraged to
report behavior they consider to be bullying, including a single action which if allowed to
continue, would constitute bullying, to their teacher, staff member, or the building principal. The
report may be made anonymously. BCSA shall provide training on compliance with the
antibullying policies to all public school employees responsible for reporting or investigating
bullying under this section.
Bullying means the intentional harassment, intimidation, humiliation, ridicule, defamation, or
threat or incitement of violence by a student against another student or public school employee
by a written, verbal, electronic, or physical act that may address an attribute of the other student,
public school employee, or person with whom the other student or public school employee is
associated and that causes or creates actual or reasonably foreseeable:
Physical harm to a public school employee or student or damage to the public school
employee's or student's property;
Substantial interference with a student's education or with a public school employee's role
in education;
A hostile educational environment for one or more students or public school employees
due to the severity, persistence, or pervasiveness of the act; or
Substantial disruption of the orderly operation of the school or educational environment;
Attribute means an actual or perceived personal characteristic including without limitation race,
color, religion, ancestry, national origin, socioeconomic status, academic status, disability,
gender, gender identity, physical appearance, health condition, or sexual orientation. Electronic
act means without limitation a communication or image transmitted by means of an
electronic device, including without limitation a telephone, wireless phone or other wireless
communications device, computer, or pager that results in the substantial disruption of the
orderly operation of the school or educational environment.
Electronic acts of bullying are prohibited whether or not the electronic act originated on school
property or with school equipment, if the electronic act is directed specifically at students or
school personnel and maliciously intended for the purpose of disrupting school, and has a high
likelihood of succeeding in that purpose;
Harassment means a pattern of unwelcome verbal or physical conduct relating to another
person's constitutionally or statutorily protected status that causes, or reasonably should be
expected to cause, substantial interference with the other's performance in the school
environment.
Substantial disruption means without limitation that any one or more of the following occur as
a result of the bullying:
Necessary cessation of instruction or educational activities;
Inability of students or educational staff to focus on learning or function as an educational
unit because of a hostile environment;
Severe or repetitive disciplinary measures are needed in the classroom or during
educational activities; or
Exhibition of other behaviors by students or educational staff that substantially interfere
with the learning environment.
Examples of Bullying may include but are not limited to a pattern of behavior involving one or
more of the following:
Sarcastic compliments about another student’s personal appearance,
Pointed questions intended to embarrass or humiliate,
Mocking, taunting or belittling,
Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
Demeaning humor relating to a student’s race, gender, ethnicity or personal
characteristics,
Blackmail, extortion, demands for protection money or other involuntary donations or
loans,
Blocking access to school property or facilities,
Deliberate physical contact or injury to person or property,
Stealing or hiding books or belongings, and/or
Threats of harm to student(s), possessions, or others.
K.39—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE
The Board has a responsibility to maintain discipline, protect the safety, security, and welfare of
its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and
equipment. As part of fulfilling this responsibility, the Board authorizes the use of video/audio
surveillance cameras. The placement of video/audio surveillance cameras shall be based on the
presumption and belief that students, staff and visitors have no reasonable expectation of privacy
anywhere on or near school property, facilities, vehicles, or equipment, with the exception of
places such as rest rooms or dressing areas where an expectation of privacy is reasonable and
customary.
Signs shall be posted on District property and in or on District vehicles to notify students, staff,
and visitors that video cameras may be in use. Violations of school personnel policies or laws
caught by the cameras may result in disciplinary action.
The District shall retain copies of video recordings until they are erased which may be
accomplished by either deletion or copying over with a new recording.
Videos containing evidence of a violation of district personnel policies and/or state or federal law
shall be retained until the issue of the misconduct is no longer subject to review or appeal as
determined by Board policy or staff handbook; any release or viewing of such records shall be in
accordance with current law.
Staff who vandalize, damage, defeat, disable, or render inoperable (temporarily or permanently)
surveillance cameras and equipment shall be subject to appropriate disciplinary action and
referral to appropriate law enforcement authorities.
Video recordings may become a part of a staff member’s personnel record.
K.40— DRUG FREE WORKPLACE – CLASSIFIED PERSONNEL
The conduct of District staff plays a vital role in the social and behavioral development of our
students. It is equally important that the staff have a safe, healthful, and professional
environment in which to work. To help promote both interests, the District shall have a drug free
workplace. It is, therefore, the District’s policy that District employees are prohibited from the
unlawful manufacture, distribution, dispensation, possession, or use of controlled substances,
illegal drugs, inhalants, alcohol, as well as inappropriate or illegal use of prescription drugs.
Such actions are prohibited both while at work or in the performance of official duties while off
District property; violations of this policy will subject the employee to discipline, up to and
including termination.
To help promote a drug free workplace, the District shall establish a drug-free awareness
program to inform employees about the dangers of drug abuse in the workplace, the District's
policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and
employee assistance abuse programs, and the penalties that may be imposed upon employees
for drug abuse violations.
Should any employee be found to have been under the influence of, or in illegal possession of,
any illegal drug, or controlled substance, whether or not engaged in any school or school-related
activity, and the behavior of the employee, if under the influence, is such that it is inappropriate
for a school employee in the opinion of the Superintendent/Executive Director, the employee may
be subject to discipline, up to and including termination. This policy also applies to those
employees who are under the influence of alcohol while on campus or at school-sponsored
functions, including athletic events. Possession, use or distribution of drug paraphernalia by any
employee, whether or not engaged in school or school-related activities, may subject the
employee to discipline, up to and including termination. Possession in one’s vehicle or in an area
subject to the employee’s control will be considered to be possession as though the substance
were on the employee’s person.
It shall not be necessary for an employee to test at a level demonstrating intoxication by any
substance in order to be subject to the terms of this policy. Any physical manifestation of being
under the influence of a substance may subject an employee to the terms of this policy. Those
physical manifestations include, but are not limited to unsteadiness; slurred speech; dilated or
constricted pupils; incoherent and/or irrational speech; or the presence of an odor associated with
a prohibited substance on one’s breath or clothing.
Should an employee desire to provide the District with the results of a blood, breath or urine
analysis, such results will be taken into account by the District only if the sample is provided
within a time range that could provide meaningful results and only by a testing agency chosen or
approved by the District. The District shall not request that the employee be tested, and the
expense for such voluntary testing shall be borne by the employee.
Any employee who is charged with a violation of any state or federal law relating to the
possession, use or distribution of illegal drugs, other controlled substances or alcohol, or of drug
paraphernalia, must notify his immediate supervisor within five week days (i.e., Monday through
Friday, inclusive, excluding holidays) of being so charged. The supervisor who is notified of
such a charge shall notify the Superintendent immediately. If the supervisor is not available to
the employee, the employee shall notify the Superintendent/Executive Director within the five day
period.
Any employee so charged is subject to discipline, up to and including termination. However, the
failure of an employee to notify his supervisor or the Superintendent/Executive Director of having
been so charged
shall result in that employee being recommended for termination by the Superintendent/Executive
Director.
Any employee convicted of any criminal drug statute violation for an offense that occurred while
at work or in the performance of official duties while off District property shall report the
conviction within five calendar days to the Superintendent/Executive Director. Within ten days of
receiving such notification, whether from the employee or any other source, the District shall
notify federal granting agencies from which it receives funds of the conviction. Compliance with
these requirements and prohibitions is mandatory and is a condition of employment.
Any employee convicted of any state or federal law relating to the possession, use or distribution
of illegal drugs, other controlled substances, or of drug paraphernalia, shall be recommended for
termination.
Any employee who must take prescription medication at the direction of the employee’s
physician, and who is impaired by the prescription medication such that he cannot properly
perform his duties shall not report for duty. Any employee who reports for duty and is so
impaired, as determined by his supervisor, will be sent home. The employee shall be given sick
leave, if owed any. The District or employee will provide transportation for the employee, and
the employee may not leave campus while operating any vehicle. It is the responsibility of the
employee to contact his physician in order to adjust the medication, if possible, so that the
employee may return to his job unimpaired. Should the employee attempt to return to work
while impaired by prescription medications, for which the employee has a prescription, he will,
again, be sent home and given sick leave, if owed any; Should the employee attempt to return to
work while impaired by prescription medication a third time the employee may be subject to
discipline, up to and including a recommendation of termination.
Any employee who possesses, uses, distributes or is under the influence of a prescription
medication obtained by a means other than his own current prescription shall be treated as
though he was in possession, possession with intent to deliver, or under the influence, etc. of an
illegal substance. An illegal drug or other substance is one which is (a) not legally obtainable; or
(b) one which is legally obtainable, but which has been obtained illegally. The District may
require an employee to provide proof from his physician and/or pharmacist that the employee is
lawfully able to receive such medication. Failure to provide such proof, to the satisfaction of the
Superintendent, may result in discipline, up to and including a recommendation of termination.
Legal References: 41 USC § 702, 703, and 706
K.41F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT
CERTIFICATION
I hereby certify that I have been presented with a copy of the Benton County School of the Arts
District’s Drug Free Workplace Policy, that I have read the statement, and that I will abide by its
terms as a condition of my employment with District.
Signature _________________________________________________
Date __________________
Legal References: 41 USC § 702, 703, and 706
K.42—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS
ON CAMPUS
Individuals who have been convicted of certain sex crimes must register with law enforcement as
sex offenders. Arkansas law places restrictions on sex offenders with a Level 1 sex offender
having the least restrictions (lowest likelihood of committing another sex crime), and Level 4 sex
offenders having the most restrictions (highest likelihood of committing another sex crime).
While Levels 1 and 2 place no restrictions prohibiting the individual’s presence on a school
campus, Levels 3 and 4 have specific prohibitions. These are specified in Policy 6.10—
MEGAN’S LAW and it is the responsibility of District staff to know and understand the policy
and, to the extent requested aid school administrators in enforcing the restrictions placed on
campus access to Level 3 and Level 4 sex offenders.
It is the intention of the Board of Directors that District staff not stigmatize students whose
parents or guardians are sex offenders while taking necessary steps to safeguard the school
community and comply with state law. Each school’s administration should establish procedures
so attention is not drawn to the accommodations necessary for registered sex offender parents or
guardians. All principals, designees, and school employees who will or may have contact with
the sex offender parents shall be required to keep confidential both the sex offender status and
sex offender accommodations made for a parent. For example, if a sex offender parent will
arrive for conferences at the same time as other parents, staff should escort additional parents to
their student’s classroom, not just the sex offender parent.
Legal Reference: A.C.A. § 12-12-913 (g) (2)
Arkansas Department of Education Guidelines for “Megan’s Law”
A.C.A. § 5-14-132
K.43—CLASSIFIED PERSONNEL DUTY TO REPORT CHILD ABUSE, MALTREATMENT OR
NEGLECT
It is the statutory duty of non-certified school district employees who are mandatory reporters
and who have reasonable cause to suspect child abuse or maltreatment to directly and personally
report these suspicions to the Arkansas Child Abuse Hotline, by calling 1-800-482-5964. Failure
to report suspected child abuse, maltreatment or neglect by calling the Hotline can lead to
criminal prosecution and individual civil liability of the person who has this duty. Notification
of local or state law enforcement does not satisfy the duty to report; only notification by means
of the Child Abuse Hotline discharges this duty.
The duty to report suspected child abuse or maltreatment is a direct and personal duty for
statutory mandatory reporters, and cannot be assigned or delegated to another person. There is
no duty to investigate, confirm or substantiate statements a student may have made which form
the basis of the reasonable cause to believe that the student may have been abused or subjected
to maltreatment by another person; however, a person with a duty to report may find it helpful to
make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or
neglect has occurred, or to rule out such a belief. Employees and volunteers who call the Child
Abuse Hotline in good faith are immune from civil liability and criminal prosecution.
By law, no school district or school district employee may prohibit or restrict an employee or
volunteer who is a mandatory reporter from directly reporting suspected child abuse or
maltreatment, or require that any person notify or seek permission from any person before
making a report to the Child Abuse Hotline.
Legal References: A.C.A. § 12-12- 507(b)
K.44—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’
COMPENSATION
The District provides Workers’ Compensation Insurance, as required by law. Employees who
sustain any injury at work must immediately notify their immediate supervisor, or in the absence
of their immediate supervisor notify Central Office. An injured employee must complete Form
N immediately, or as soon as practical, after the injury. Form N shall be forwarded to the Central
Office once completed. While many injuries will require no medical treatment or time lost from
work, should the need for treatment arise later, it is important that there be a record that the
injury occurred. All employees have a duty to provide information and make statements as
requested for the purposes of the claim assessment and investigation.
For injuries requiring medical attention, the District has exercised its right to designate the initial
treating physician or clinic and an injured employee is directed to seek medical attention, if
necessary, from the designated physician or clinic. Employees who seek medical attention must
have the Doctor’s release to return to work. Employees who are not released by the Doctor to
return to work on the day of the injury will not be penalized as a result for the time missed that
day.
An employee who is absent from work due to a workplace injury may use accrued sick leave
during the first seven calendar days (up to five work days) following the day of the injury even if
those days are later paid by workers compensation. After this first seven calendar days,
employees can only use accrued sick leave for work days missed due to a workplace injury not
paid by temporary disability benefits from a Workers’ Compensation claim. Employees will be
docked by the District at their daily rate of pay for the days paid from the Workers’
Compensation claim.
In the event Workers Compensation does not pay the employee lost wages due to the workplace
injury, the employee may continue to use accrued sick leave after the initial seven calendar day
period. An employee who is absent from work due to a workplace injury will be docked at their
daily rate of pay for all days missed not covered by accrued sick leave. Sick leave days used for
workplace injuries will not be restored to the employee.
Workers’ Compensation absences may be designated as FMLA absences when the criteria are
met under FMLA for a serious health condition.
Legal References: Ark. Workers Compensation Commission RULE 099.33 – MANAGED
CARE
A.C.A. § 11-9-508(d)(5)(A), A.C.A. § 11-9-514(a)(3)(A)(i)
K.45—RELEASE OF STUDENT’S FREE AND REDUCED PRICE MEAL ELIGIBLITY
INFORMATION
As part of the District’s participation in the National School Lunch Program and the School
Breakfast Program, the District collects eligibility data from its students. The data’s
confidentiality is very important and is governed by federal law. The District has made the
determination to release student eligibility status or information as permitted by law. Federal law
governs how eligibility data may be released and to whom. The District will take the following
steps to ensure its confidentiality:
Some data may be released to government agencies or programs authorized by law to receive
such data without parental consent, while other data may only be released after obtaining
parental consent. In both instances, allowable information shall only be released on a need to
know basis to individuals authorized to receive the data. The recipients shall sign an agreement
with the District specifying the names or titles of the persons who may have access to the
eligibility information. The agreement shall further specify the specific purpose(s) for which the
data will be used and how the recipient(s) shall protect the data from further, unauthorized
disclosures.
The Superintendent/Executive Director shall designate the staff member(s) responsible for
making eligibility determinations. Release of eligibility information to other District staff shall be
limited to as few individuals as possible who shall have a specific need to know such information
to perform their job responsibilities. Principals, counselors, teachers, and administrators shall not
have routine access to eligibility information or status.
Each staff person with access to individual eligibility information shall be notified of their
personal liability for its unauthorized disclosure and shall receive appropriate training on the
laws governing the restrictions of such information.
K.46-- VACATION
All personnel who work 230 days or more shall have off all holidays as specified by the
Superintendent/Executive Director and shall earn two weeks annual leave or vacation with full
pay. Employees that worked ten consecutive years will receive three weeks annual leave or
vacation with full pay. Each employee must request their vacation period and have it approved
by the Superintendent/Executive Director thirty days in advanced of its start.
K.47—TRAVEL
Employees who travel on school business should complete a reimbursement form. This form can
be obtained on the BCSA website.
K.48—COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT
The Benton County School of the Arts School District shall comply with those portions of the Fair
Labor Standards Act (FLSA) that relate to the operation of public schools.
Definitions
Overtime is hours worked in excess of 40 hours per workweek. Compensation given for hours
not worked such as for holidays or sick days do not count in determining hours worked per
workweek.
Workweek is the seven day consecutive period of time from 12:00 am on Sunday to midnight on
the following Saturday.
Regular Rate of pay includes all forms of remuneration for employment and shall be expressed
as an hourly rate.
Hours Worked
Employees shall be compensated for all the time they are required to be on duty and shall be
paid for all hours worked each workweek. Employees shall accurately record the hours they work
each week.
Each employee working more than 20 hours per week shall be provided two paid 15 minute duty
free breaks per workday.
Employees shall be provided an unpaid 30 minute duty free lunch break each working day.
Employees shall be paid at 1.5 times the regular rate of pay for all hours worked over 40 hours in
a workweek.
Employees who work two different contracts shall be paid according to the rate of pay established
by the U.S. Department of Labor Coefficient Table for Computing Extra Half-Time for Overtime.
Authorization of Overtime
There will be instances where the district’s needs make it necessary for an employee to work
overtime. It is the Board’s desire to keep overtime to a minimum. To facilitate this, employees
shall receive authorization from their supervisor in advance of working overtime except in the rare
instance when it is unforeseen and unavoidable.
CHAPTER I
Instructional Programs
Policy Code
Section
IDD
Special Program................................................................ I-2
IDDC-R
Homebound Instruction....................................................... I-2
IDDF
Special Education...............................................................I-3
IDDFA
Special Education-Identification, Location and Evaluation........... I-3
IDDEA-R
Special Education-Procedures for Identifying, Locating &
Evaluating Handicapped Children & Determination of Need.......
I-4
IDDFB
Special Education-Establishing Priorities................................. I-4
IDDFC
Special Education-Parent Involvement.................................... I-4
IDDFD
Special Education-Least Restrictive Environment..................... I-5
IDDFD-R
Special Education-Least Restrictive Environment..................... I-5
IDDFE
Special Education-Education Plan......................................... I-6
IDDFE-R
Special Education-Education Plan......................................... I-7
IDDFF
Special Education-Procedural Safeguards..............................
IFBA
Teacher Aides................................................................... I-8
IHB
Home Study - Independent Study Skills.................................. I-8
IHG
Concurrent Credit Guidelines................................................ I-1
I-8
Section I-2
Code:
IDD
SPECIAL PROGRAM
In keeping with its desire to provide the education possible for all students of the BCSA. The
Board shall provide special programs for the educational and/or environmentally disadvantaged,
the Board, as applicable and upon recommendation of the Administrator, shall participate in
federal and/or state funded programs offered in these educational areas.
Code: IDDC-R
HOMEBOUND INSTRUCTION
Any student 5 to- 21 years old who, because of illness, injury, or the nature and/or extent of
his/her handicapping condition requires homebound or hospital instruction shall, upon approval,
receive educational services during the academic year within his/her facility of confinement for
as long as the handicapping condition prevents the student from safely and adequately attending
school.
A statement by the attending physician as to the student's diagnosis, reason for confinement,
and approximate length of time such services will be needed must be submitted to the special
education supervisor prior to approval. Homebound and hospital instruction is then provided
upon approval by the administrator of the school in which the child is enrolled and the special
education supervisor. In cases in which the child is not enrolled in public school, application is
made to the special education supervisor if they are a legal resident of Bentonville. The BCSA
Plan for Special Education contains proper forms and instructions for provision of homebound
and hospital instruction.
Students shall receive a minimum of twelve hours of instruction per month, with a minimum of
three hours each week to be counted for full attendance. Days and times should be distributed
to the best advantage of student and teacher. Provision of homebound instructional services is
subject to re-evaluation of eligibility. Services which extend for a period of three months will be
required to be reevaluated in terms of continued eligibility and/or referral to more appropriate
services.
Section I-3
Code:
IDDF
SPECIAL EDUCATION
In keeping with current legislation and the philosophy of the school, the Board recognizes the
right of handicapped children to a free public education.
Children who qualify for special education services are those who experience physical, mental,
emotional or learning disabilities, or combinations of such disabilities. These handicapping
conditions will have in common the effect of preventing the child from adequately growing and
developing without special help.
Special Education is designed to deliver to these children the extra help they need in order to
overcome or alleviate the learning difficulties posed by the presence of such handicaps. Special
education consists of a series of strategies by which individual learning needs are assessed and
services planned and carried out to meet these needs; the form that special education takes
depends on the individual child. This calls for development of individual educational plans based
on child needs.
The Board endorses the concept of providing services which enable the handicapped child to be
educated along with the non-handicapped children as part of the regular school environment to
the greatest extent possible.
Procedures in regard to special education are outlined in the BCSA Plan for Special Education.
These procedures shall be in compliance with Act 102, PL94-142, the State Plan for Special
Education and shall be changed to keep current with legal opinions and/or legislation.
In order to obtain the most appropriate education, it may be necessary for some special
education students to attend classes in school outside the regular school and/or school. Tuition
arrangements can be made in such cases where the school deems it necessary.
Code:
IDDFA
SPECIAL EDUCATION - IDENTIFICATION, LOCATION AND EVALUATION
It shall be the policy of the BCSA that all children residing within its jurisdiction who are
handicapped, regardless of the severity of their handicap, and are in need of special education
and related services are identified, located, and evaluated, and that a practical method is
developed and implemented to determine which children are currently receiving needed special
education and related services and which children are not receiving such education and
services.
Section I-4
Code:
IDDEA-R
SPECIAL EDUCATION PROCEDURES FOR IDENTIFYING, LOCATING & EVALUATING
HANDICAPPED CHILDREN & DETERMINATION OF NEEDS
All children whether or not they are receiving educational services may be referred by a
concerned party to the administrator of the school or the special education supervisor. After
parental consent and a referral conference, they may receive evaluation services in order to
determine if they require special education and related services to profit from their education.
Evaluations shall be conducted by qualified personnel. All protections and assurances afforded
the child by Procedures for Evaluation and Placement (adopted by the State School Board, June
13, 1977) shall be afforded by the Bentonville school.
An ongoing public campaign shall be conducted to make all residents of the BCSA aware of
special education services available within the BCSA. An active search shall also be conducted
for any handicapped child who is not currently receiving any educational services.
Code:
IDDFB
SPECIAL EDUCATION - ESTABLISHING PRIORITIES
It shall be the policy of the BCSA to establish priorities for providing a free appropriate public
education to all handicapped children; first with respect to handicapped children who are not
receiving an education, and second with respect to handicapped children, within each disability,
with the most severe handicaps who are receiving an inadequate education.
Code:
IDDFC
SPECIAL EDUCATION - PARENT INVOLVEMENT
It shall be the policy of the BCSA to involve parents and guardians of handicapped children in
(1) the planning and evaluating of their child's program and (2) in planning and evaluating full
education opportunities for all handicapped children. The composition of our Special Education
Advisory Council has been submitted in the Act 102 Local BCSA Plan.
Section I-5
Code:
IDDFD
SPECIAL EDUCATION - LEAST RESTRICTIVE ENVIRONMENT
The BCSA shall establish that:
A. To the extent appropriate, handicapped children in public or private institutions or other care
facilities are educated with children who are not handicapped and that
B.
Special classes, separate schooling or other removal of handicapped children from the
regular education environment occurs only when the nature or severity of the handicap is
such that education in regular classes with the use of supplementary aids and services
cannot be achieved satisfactorily.
This policy shall not be construed to include either the wholesale placement of handicapped
students in the regular classroom or the wholesale exclusion from self-contained programs.
Through the use of appropriate referral/placement procedures, the most appropriate educational
services are determined for each individual handicapped child.
After careful consideration of evaluation data and an assessment of the child's level of
functioning, placement in the regular program, a special program, or a combination of both could
result. In no instance shall the implementation of the policy on least restrictive setting result in a
reduction in the quality of services or produce a harmful effect on the child.
The BCSA has established a continuum of services for handicapped students. The appropriate
educational service for each child is selected from the continuum and further defined in the
child's individual educational plan. Once this determination has been made and the child has
been placed with appropriate parental involvement and consent, that educational setting may be
termed the least restrictive setting for that child.
The BCSA assures:
That handicapped child's educational placement shall be individually determined, be determined
at least annually, and be used on his/her individualized educational program.
That, to the extent necessary to implement the individualized education program for each
handicapped child in an applicable agency, that agency must provide, or arrange for the
provision of all of the alternative settings included below:
1.
Regular class with indirect services within regular classes.
2.
Regular class with direct services and instruction within regular class.
3.
Regular class with resource room services.
4.
Self-contained special classroom with part-time instruction in a regular class.
5.
Self-contained special class full-time on a regular school campus.
6.
Self-contained special class in a special public day school facility.
7.
Self-contained special class in private day school facility.
8.
Public residential school facility.
9.
Private residential school facility.
10.
Hospital program.
11.
Homebound.
That, except where a handicapped child's individual education program requires some other
arrangement, the child shall be educated in the school which he/she would normally attend if not
handicapped.
That steps must be taken to assure that the implementation of the least restrictive environment
provision will not produce a harmful effect on the child or reduce the quality of services which
he/she requires.
To facilitate this process, a chart indicating alternative settings available to a child and offered by
the LEA will be indicated on an attachment to each child's IEP. Available settings and dates of
placements initiated, reviewed, and dismissed will be noted.
Section I-6
Code:
Date Issued:
IDDFE
9-20-77
SPECIAL EDUCATION - EDUCATION PLAN
It shall be the policy of the BCSA that individualized education programs for all children receiving
special education services be established and maintained.
The development, review, and revision of the IEP's must include:
1. IEP's will be developed and/or revised at the beginning of each school year and reviewed
and revised at least annually.
2.
The BCSA is responsible for initiating and conducting planning conferences.
3.
Parents will be afforded an opportunity to participate in the planning conference at a mutually
agreed upon time and place. Procedures for providing sufficient documentation of attempts
to arrange a mutual setting should be included to allow the conference to occur without
parents. Provision for interpreters or other facilitators for parental participation in the case of
a communication barrier on the part of the parent shall be documented.
4.
Planning conferences will be conducted. The planning conference may be held at the end of
the school year or during the summer.
5.
The planning conference may include but not be limited to:
a.
A representative of the education agency. (Principal or his designee)
b.
The child's teacher(s).
c.
One or both parents will be notified.
d.
Child (when appropriate).
6. The individualized education program (IEP) will include:
a.
A statement of the child's present level of education performance.
b.
A statement of the annual goals describing anticipated behavior to be achieved and
based on the child's unique needs.
c.
A statement of the short-term instructional objectives.
d.
A statement of the special education services and instructional materials to be
provided including special education and related services required to meet the child's
unique needs.
e.
A description of the extent to which the child will participate in regular education
programs.
f.
Projected date for the initiation and anticipated duration of service.
g.
Appropriate objective criteria, evaluation procedures and schedules for determining,
on at least an annual basis, whether the instructional objectives are being achieved.
h.
List the individuals responsible for implementing the IEP.
Section I-8
Code:
Date Issued:
IDDFF
9-20-77
SPECIAL EDUCATION - PROCEDURAL SAFEGUARDS
The following statement outlines the policy 0? the BCSA on procedural safe-guards for assuring
due process procedures for parents and children under PL 94-142.
All procedural safeguards as set forth in Procedures for Evaluation and Placement, adopted by
the State School Board on June 13, 1977, are adopted by the BCSA. The specific areas in
which procedural safeguards shall be afforded are:
1.
Prior notice
2.
Impartial hearings
3.
Parental consent
4.
Independent evaluations
5.
Confidentiality
6.
Surrogate parents
7.
Non-discriminatory testing
Code:
Date Issued:
IFBA
8-16-77
TEACHER AIDES
The Board endorses the concept of teacher aides to work with the classroom teacher to provide
more individualized instruction for students.
Code:
IHB
HOME STUDY/INDEPENDENT STUDY SKILLS
Home study is an extension of the regular school day. Whenever home study is given, it should
supplement, compliment, reinforce, and relate to the mastery of a subject. Home study is a vital
part of the learning process. Students must assume responsibility for their class work just as
they will assume job responsibility in the future.
Students and their parents/guardians have a responsibility for the student's mastery of the
subject matter. The learning process is a joint effort. Home study and/or individual study units
will be discussed fully in the classroom so that parents are not required to give instruction.
Parents can do their part to improve homework by:
1.
Cooperating with the school to make homework effective.
2.
Providing their child with suitable study conditions (desk or table, light, books and
supplies.)
3.
Reserving a time for homework and turning off the television.
4.
Encouraging their child, but avoiding undue pressure.
5.
Showing interest in what their child is doing, but not doing the work for them.
6.
Understanding that the school expects homework to be completed and returned on time.
The student's responsibility is to complete all home study assignments and to turn them in on the
designated due date.
Parents shall be notified when a student repeatedly fails to complete home study assignments.
The teacher's responsibility is to provide instruction to each student so that mastery of the
subject matter can occur. The assignment of home study is an outgrowth of that classroom
instruction. Understanding that the subject matter being taught lends itself to different "types" of
home study, the following are examples of home study assignments given to students in the
BCSA:
1. Independent practice of newly learned skills
2. Independent practice to reinforce learned skills
3. Expansion activities beyond the subject matter presented in class
4. Introduction of new material (such as the reading of a chapter in the text with a stated
purpose for the reading)
5. Independent student projects, approved by the teacher
The following statements serve as guidelines for classroom teachers as they make decisions
about home study:
1. Home study must be relevant to the instruction in the classroom.
2. Skills taught in the classroom should first be guided and practiced in the classroom under
the teacher's supervision.
3. Home study assignments of newly learned material should be as short as possible and
still retain meaning.
4. Classroom assignments not completed by the student during the instruction day can be
required home study.
5. Each teacher giving an assignment from the text in class where only classroom sets of
books are available should make provision for books to be taken home.
6. Teachers should present copied materials that can be seen clearly and have instructions
to be used in completing them.
7. Home study should be considered in the grading of students.
8. Home study should provide immediate feedback to the teacher on areas of weakness in
the students' understanding of concepts and/or acquisition of skills.
9. Teachers should not use unrelated home study as a disciplinary measure.
The following are recommended guidelines for giving home study assignments.
Primary Level
Kindergarten
Students may be assigned home study with an average of no more than 20
minutes a night.
First Grade
minutes a night.
Second Grade Students may be assigned home study with an average of no more than 40
minutes a night.
Third Grade
minutes a night.
Intermediate Level
Fourth Grade
minutes a night.
Fifth Grade
Students may be assigned home study with an average of no more than one
hour a night.
Sixth Grade
Students may be assigned home study with an average of no more than one
hour and fifteen minutes a night.
Secondary Level
Home study assignments should be given with an average of no more than one hour required for
each of the subject areas in a block schedule situation or thirty (30) minutes on a traditional
schedule. Students enrolled In Advanced Placement classes should expect to expend
considerably more home study time.
Code:
IHA
STUDENT PERFORMANCE
GRADING SYSTEM:
Grades assigned to students for performance in a course shall reflect only the extent to which a
student has achieved the expressed academic objectives of the course. Grades that reflect
other educational objectives such as those contained in the standards and curriculum
frameworks may also be given.
The professional staff will establish a process designed to implement and document this policy.
The following grading scale shall be used by the BCSA for all courses offered, with the exception
of Advanced Placement.
A
=
90
-
100
B
=
80
-
89
C
=
70
-
79
D
=
60
-
69
F
=
59 and below
Each letter grade shall be given a numeric value for the purpose of determining grade averages.
The following numeric value for each letter shall be used for Advanced Placement courses:
A
=
5 points
B
=
4 points
C
=
3 points
D
=
2 points
F
=
0 points
CHAPTER J
Students
Policy Code
JB
Section
School Attendance............................................................. J-3
JB (1-5)
Student Attendance............................................................ J-3
JBCA
Resident/Non-Resident Students.......................................... J-4
JBCBA
Tuition..............................................................................J-5
JBCCA
Assignment of Schools........................................................ J-5
JBCCB
Assignment to Classes........................................................ J-6
JBCD
Transfer and Withdrawals.................................................... J-6
JBCD-R
Transfers and Withdrawals................................................... J-8
JC
Students Rights and Responsibilities...................................... J-8
JCAA
Due Process..................................................................... J-9
JCAB
Searches.......................................................................... J-9
JCB
Student Involvement in Decision Making................................. J-10
JCD
Student Conduct................................................................ J-10
JCDA
Student Behavioral Code..................................................... J-11
JCDAA
Student Smoking............................................................... J-11
JCDAB
Alcohol and Drug Use......................................................... J-11
JCDAC
Drug Policy-Students.......................................................... J-12
JCDAC-R
Drug Policy-Students/Definition and Procedures....................... J-15
JCDAD-R
Bus Conduct..................................................................... J-15
JCDAE*
Carrying Weapons............................................................. J-15
JCDB
Dress Code...................................................................... J-16
JCEB
Student Complaints............................................................ J-16
JCEC
Demonstrations and Strikes................................................. J-17
JD
Discipline......................................................................... J-17
JDC
Probation......................................................................... J-19
JDD
Suspension....................................................................... J-19
JDE
Expulsion......................................................................... J-19
JDF
Discipline of Handicapped Students....................................... J-20
JGA
Student Insurance Program.................................................. J-20
JGC-R
Student Health Services...................................................... J-21
JGCC
Communicable Disease Policy for Students............................. J-21
JGCE
Human Immunodeficiency Virus (HIV)/Acquired
Immunodeficiency Disease Syndrome (AIDS).......................... J-22
JGDA
Psychological Testing......................................................... J-24
JGE
Student Social Services...................................................... J-24
JGFA-R
Emergency Drills............................................................... J-25
JGFAA
Bomb Threats................................................................... J-25
JGFB
Supervision of Students......................................................
JGFC-R
Dismissal Precautions......................................................... J-26
JGFF-R
Student Automobile Use...................................................... J-26
JGFG/JGFGA
Student Safety-Accidents/First Aid......................................... J-27
JH
JHB-R
J-26
Extracurricular Activities...................................................... J-27
Activities and Management.................................................. J-28
JHCA
Student Clubs................................................................... J-28
JHCA-R
Student Clubs................................................................... J-28
JHCAA
Secret Societies................................................................. J-29
JHCB
Student Government........................................................... J-29
JHCC
Student Publications........................................................... J-29
JHD
Student Social Events......................................................... J-30
JHE-R
Student Performances......................................................... J-30
JJB-R
Outside Employment.......................................................... J-30
JKA
Solicitations of Students...................................................... J-31
JQF
Married Students............................................................... J-31
JQG
Unwed Mothers.................................................................. J-31
JR
School Records.................................................................. J-31
JRA-R
School Records-Cost of Transcript........................................ J-32
JRB
School Records-Confidentiality of Personal Information.............
JRB-E
School Records-Confidentiality............................................. J-32
JRB-R1
School Records-Person Responsible for Confidentiality............. J-37
JRB-R2
School Records-Record of Access to Confidential Records......... J-37
JS
Student Fees, Fines and Charges......................................... J-38
J-32
Section J-3
Code JB
SCHOOL ATTENDANCE and ENROLLMENT
MANDATORY ATTENDANCE
All students who are ages five (5) through seventeen (17) on or by September 15 are required to
be in school that school year with the exception of five-year-old children for whom kindergarten
has been waived by the parent, guardian, or person having custody or charge; students who
have received a high school diploma or its equivalent; or students who are enrolled in a post
secondary or vocational-technical institution, community college, or a two-year or four-year
institution of higher learning.
Students who are 18 to 21 years of age will be educated with the understanding that they will be
in compliance with BCSA policies. Those who do not comply with BCSA policies may be
dropped from school.
INITIAL ENROLLMENT
A birth certificate, Social Security Number, or other documentation as provided by law shall be
required to enroll in school.
KINDERGARTEN
Beginning the school year 1999-2000, students aged five (5) on or before September 15 will
enroll in a full-day kindergarten program. No parent or guardian shall be required to enroll a
child in kindergarten at age five (5). Any six-year-old child who has not completed a
kindergarten program prior to public school enrollment shall be evaluated by the school to
determine whether placement for the child shall be in kindergarten or first grade.
IMMUNIZATION REQUIREMENTS
All students shall meet immunization requirements established by the State School Board. All
enrolling kindergarten students shall furnish evidence of a comprehensive physical examination.
Code:
JB- (1-5)
Date Issued:
8-16-77
STUDENT ATTENDANCE
EXPECTATION: A student is expected to attend school at all times when school is in session.
Absences from school are acceptable only when a student is ill, when a family emergency exists,
or when there is a death, serious illness, or an extenuating circum
stance in the immediate family of the student. Individual Building Handbooks specify the
maximum number of days allowed for absences.
TARDIES: Students are expected to be at school on time. Building Handbooks address specific
consequences for tardiness.
MAKE-UP WORK: If make-up work is allowed, the student will be responsible for completion of
any work to be made up; and the teacher will establish a reasonable time limit for the student to
complete the work.
SUSPENDED: When a student is suspended from school, the number of suspension days
required by school officials will be counted in the student's total absences. If the student
remains out of school for a period of time in excess of the number of days required, the
additional days absent will count in the total absences. Absences will be counted in the school
attendance office when attendance reports are completed as required by the State Department
of Education. However, when a student is suspended from school until a student-parentprincipal conference has been completed, the number of days absent will be counted in the total
absences.
LATE ENROLLEES: The number of days of school missed by a student who enrolls in school
after the beginning of a semester will be counted as absences when determining the minimum
number of days a student must be in attendance. Exceptions may be made for transfer students
who were in good standing (not suspended or expelled) at their last school attended.
Section J-4
Code:
Date Issued:
JBCA
8-16-77
RESIDENT/NON-RESIDENT STUDENTS
RESIDENCY: When a student's residency in Arkansas is unclear, the Board shall consider the
facts of each such case individually. However, the Board shall be guided by past court cases in
which, generally, a student is considered a bona fide resident of Arkansas if (s)he is residing in
good faith, that is with no present intent of removal and not for the mere purpose of obtaining
school privileges. If the residency of the child is only temporary for the primary purpose of
attending, the BCSA and his/her parents do not reside in the BCSA, then tuition will be charged.
Section J-5
Code:
Date Issued:
JBCCA
4-16-90
ASSIGNMENT OF SCHOOLS
The BCSA divides the territory within its legal boundaries into attendance areas. The legal
residence of a student in an attendance area qualifies him/her to attend the school serving that
attendance area. The Board has the authority to adjust attendance area boundary lines from
time to time for just and reasonable causes. Students living in the BCSA may secure a transfer
from one school to another if a bona fide hardship exists. (See JBCD)
Transfer students residing outside the BCSA will be assigned by the Administrator or his/her
designee to the school which best meet the needs of the residents of the BCSA.
RESIDENT EMPLOYEE
Elementary Schools: Employees who reside within the BCSA have the choice of entering their
children in the school they work in or in the school servicing the attendance zone where they
reside.
Middle, Junior High, and High School: Middle, Junior High, and High School employees who
reside within the BCSA have the choice of entering their elementary children in the following
designated schools: BCSA High School employees' children may attend Sugar Creek
Elementary School. Walton Junior High School employees' children may attend Apple Glen
Elementary School. Old High Middle School employees' children may attend R. E. Baker
Elementary School.
OR the school of the attendance zone where they reside.
NON-RESIDENT EMPLOYEES
Elementary Schools: Non-resident employees may bring their child with them to the school
where they work.
Middle, Junior High, and High Schools: Non-resident Middle, Junior High, and High
employees may place their children in the following designated schools: BCSA High
employees' children may attend Sugar Creek Elementary School. Walton Junior High
employees' children may attend Apple Glen Elementary School. Old High Middle
employees' children may attend R. E. Baker Elementary School.
School
School
School
School
OR the school of the attendance zone where they reside.
ELEMENTARY NEW STUDENTS WHICH PLACE US OVER STANDARDS
The BCSA reserves the right to place students in schools out of their attendance zones in order
to satisfy state standards. Students will be placed in their home attendance zone as soon as a
vacancy exists in the order of displacement.
Section J-6
Code:
Date Issued:
JBCCB
8-16-77
ASSIGNMENT TO CLASSES
REGULAR STUDENTS: Regular student class assignments are made by taking into
consideration ability, maturity, interest, and need. Transfer students are assigned classes which
most nearly reflect those from the previous school.
SPECIAL STUDENTS: The placement of handicapped students shall be based on age and
maturity rather than number of years in school. At no time will the special education student's
placement be more advanced than his/her peers.
Class assignments are made according to the guidelines set forth in the "BCSA Plan for Special
Education."
TRANSFER BETWEEN SCHOOLS: Any student transferring to the BCSA from another school
accredited by the State Department of Education shall be placed into the same grade the
student would have been in had the student remained in the former school.
Any student transferring to the BCSA from a school that is not accredited by the State
Department of Education shall be evaluated by appropriate staff to determine that student's
proper placement in the BCSA.
Code:
Date Issued:
JBCD
4-16-90
TRANSFER AND WITHDRAWALS
WITHDRAWALS: Pupils within the compulsory age, that is pupils who are five and not yet
seventeen years of age shall not be withdrawn from the rolls of any school unless they have:
1.
Moved from the BCSA
2.
Entered a private or parochial school
3.
Been committed to an institution
4.
Been excluded from school
5.
Married
6.
Secured a work permit from the State Labor Department
7.
Been recommended to be withdrawn by the Administrator's Office
8.
Filed a Kindergarten Waiver
TRANSFER: The BCSA makes provisions for two types of student transfers. The first type is an
interschool transfer, which permits a student under certain conditions to transfer from one school
in the BCSA to another school in the BCSA.
The other type of transfer refers to non-resident students whose legal residence is outside the
BCSA
In every case, the non-resident student must be referred to the Administrator or his/her designee
for a transfer approval form before enrolling.
WITHIN BCSA: Each student in the BCSA shall be assigned to the school serving his/her
attendance area.
PROCEDURES: A student living in one attendance area of the BCSA and wishing to attend
another school in the BCSA must file a written application for transfer with the administrator of
the school to which he/she wishes to transfer. Transfer application must be completed in
duplicate and both copies submitted to the receiving administrator. A transfer, when granted, is
for one semester; and the application for transfer must be resubmitted each semester.
CRITERIA: A transfer from one school to another school in the BCSA will be granted only under
the following condition:
1.
If a student moves during the school year to another School Attendance Zone, the student
may finish the school year at the original school under conditions stipulated within this policy
regarding procedures, criteria, transportation, and eligibility.
2.
Students placed in one school in order to meet standards have the option to finish the school
year at the school they are attending even if a vacancy occurs in their attendance zone
school.
TRANSPORTATION: As a condition for approval of any request for voluntary transfer, the
requesting party shall be required to sign a transportation waiver form provided by the school on
which it is acknowledged that any right to free transportation that a student may otherwise have
by reason of Board Policy or state statute is waived.
ELIGIBILITY: Any student who transfers to a school outside of the student's attendance area of
residence shall be subject to all eligibility rules of the Arkansas State High School Activities
Association and such eligibility rules as may be adopted by the School Board.
OUT OF BCSA NON-RESIDENT: Students will be admitted whose parents, legal guardians, or
lawful custodians are in the process of building or buying a home within the BCSA System.
"IN PROCESS" DEFINED1. Have a contract with a builder
2. Have acquired the lot or ground for the home
3. Have acquired approved financing and
4. Have completion date and scheduled to take possession
OR
1. Have contract to purchase home, with no contingencies existing which could cause
cancellation.
2.
Have acquired approved financing and
3.
Have settlement or closing date and scheduled to take possession.
Evidence must be presented regarding the process to the administrator or his/her designee.
Code: JBCDA
Date Issued:
2-21-00
K THRU 4 STUDENT TRANSFER POLICY
TRANSFER COMMITTEE
The Transfer Committee for grades K-4 will consist of two K-4 administrators and the Elementary
Program Director. These individuals would be designated at the beginning of each year.
NOTE: An "involved" or current administrator for a specific request would not serve at that
meeting; an alternate would be chosen to serve in that administrator's place.
PROCEDURE
1. Parent will obtain a Transfer Form at the Administration Office. The completed form will be
returned to the Elementary Program Director and stamped with the date received.
2. Within ten (10) school days of the receipt of the written request, the Transfer Committee will
meet to review the request. The Elementary Program Director will notify the Transfer Committee
and the current building administrator involved in the request. The current building administrator
may wish to provide information pertinent to the student's situation.
3.
The Transfer Committee can:
a. Approve the transfer. Copies of the approved Transfer Form will be forwarded to the
receiving administrator.
b. Deny the transfer. If denied, parents can re-petition the Committee after thirty (30) school
days
4. Parents will be notified as soon as possible regarding the date of the meeting and the
resolution of the request.
NOTE:

If a parent is denied a transfer twice, their next appeal would then be addressed to the
Administrator and/or School Board.

K-4 parents may transfer at semester without this process.

The Transfer Committee will not automatically approve a transfer. Special attention will be
given to whether or not the family has sought resolution within the building - through the
teacher and the building administration - as well as to the nature of the "crisis" which brought
about the request.
Benton County School of the Arts
Request for Elementary School Transfer
Please include the following information:
Date: ________________________Student
Name__________________________________________
Student Grade Level________________Current
Teacher_____________________________________
Did you choose this school? (Elementary only)
_________________________________________
Did you select this teacher? _________________________________________________
Have you met with the teacher(s)? ____________________________________________
Provide details of meetings, if any: ____________________________________________
Have you met with the building administrators? __________________________________
Provide details of meetings, if any:
___________________________________________________
_____________________________________________________________________________
_____
Please explain why you are requesting a change at this
time:___________________________________
_____________________________________________________________________________
_______
_____________________________________________________________________________
_______
Parent(s) Name ___________________Street Address_______________Telephone Number
_________
Parent's Signature______________________________
Date_________________________________
Administration Comments:
TRANSFER APPROVED:_____________TRANSFER DENIED:
__________________
_________________________________ __________________________
Administrator Signature and Title
Date
Section J-8
Code:
Date Issued:
JBCD-R
8-16-77
TRANSFERS AND WITHDRAWALS
Students who are withdrawing from school should present a written request from their parents
and must return their state textbooks, all library books, and have each of their teachers initial the
withdrawal form they have officially withdrawn from school. They must be cleared through the
office of all fines and service charges due.
Code:
Date Issued:
JBCDB
11-13-00
STUDENT TRANSFERS
BCSA will not enroll students who are not legal residents* of the state of Arkansas.
Any person who knowingly gives a false residential address for the purpose of public school
enrollment, will be notified immediately upon discovery and dropped from enrollment in the
BCSA.
The School Board, on a case-by-case basis involving unique and unusual circumstances, will
handle any exceptions to the above stated policy.
* Definition: Legal resident means to be physically present and maintain a permanent domicile
for no less than four (4) calendar days and nights per week for a purpose other than school
attendance.
Legal Ref.: Arkansas Statute 6-18-202
Code:
Date Issued:
JC
8-16-77
STUDENTS RIGHTS AND RESPONSIBILITIES
The school is a community, and the rules and regulations of a school are the laws of that
community. All those enjoying the rights of citizenship in the school community must also accept
the responsibilities of citizenship. A basic responsibility of those who enjoy the rights of
citizenship is to respect the laws of the community.
Students have the rights of citizenship as delineated in the United States Constitution and its
amendments; and these rights may not be abridged, obstructed, or in other ways altered except
in accordance with due process of law.
Administrators and teachers also have rights and duties. The teacher is required by law to
maintain a suitable environment for learning and administrators have the responsibility for
maintaining and facilitating the educational program.
Students are entitled to verbally express their personal opinions. Such verbal expressions shall
not interfere with the rights of others, the conduct of the classroom, or with the educational
process. The use of obscenities or personal attacks is prohibited.
All student meetings in school buildings or on school grounds may function only as a part of the
formal educational process or as authorized by the administrator.
Section J-9
Code:
Date Issued:
JCAA
8-16-77
DUE PROCESS
Any student being considered for special education has the right to due process. These
procedures are enumerated in the BCSA Plan Special Education.
Code:
Date Issued:
JCAB
8-16-77
SEARCHES
LOCKERS: In the assignment of school property (locker, desk, etc.) to a specific student, the
school retains ownership of such property and the right to inspect it or reclaim it.
General searches of school property may be conducted at any time.
Search of an area assigned to a student should be done in the student's presence except in
emergencies.
Illegal items such as firearms or weapons, or any other articles reasonably determined to be a
threat to the safety or security of others shall be seized by school authorities and turned over to
the police.
Items which are used to disrupt or interfere with the educational process may be temporarily
removed from a student's possession. (Cf. LDAJA)
Legal Ref.: Act 259
Section J-10
Code:
Date Issued:
JCB
8-16-77
STUDENT INVOLVEMENT IN DECISION MAKING
The School Board and the professional staff of the BCSA welcome the expression of the ideas
and ideals of students, and seek to provide opportunities for students to discuss issues and to
express their opinion on school policies, program of studies, and areas of public concern. (Cf.
BDBD)
Formal and proper channels for students and faculty to communicate to encourage change
include:
1.
regular classroom
2.
homerooms
3.
individual teacher conference
4.
counselor conferences
5.
parent-school conferences
6.
student council
7.
individual conferences with administration
8.
specific assemblies arranged through regular school procedures.
Such discussions should be carried on in an atmosphere of mutual respect and in no way should
one individual or group of individuals preempt the rights of others. It is expected that students
will obey the rules and policies of the school even while working for change.
Code:
Date Issued:
JCD
8-16-77
STUDENT CONDUCT
As a matter of law, the admittance to, and the continued attendance in a public school is a
privilege dependent upon compliance with the laws of the State of Arkansas, the rules and
regulations of the local School Board. It follows that when a pupil does not comply with the law
and the rules, the privileges of attending school may be revoked. The failure of a student to
comply with the duties (s)he is bound to perform constitute misconduct, and such a student is
liable to probation, suspension, or expulsion. Each student is responsible for rules and
regulations as set forth by the school.
Students at school-sponsored, off-campus events shall be governed by School BCSA rules and
regulations and are subject to the authority of school personnel. Failure to obey the rules and
regulations and/or failure to obey reasonable instructions of school personnel shall result in loss
of eligibility to attend school-sponsored, off-campus events and may result in disciplinary action
applicable under the regular school program.
The following actions are prohibited on school property during school hours and at schoolsponsored events: Abnormal or Irrational Behavior--Any student whose actions are abnormal or
irrational shall be temporarily suspended from class by the teacher and/or from the school by the
administrator or other persons in charge.
Criminal Acts--The commission of or participation in criminal acts in school buildings, on school
property, or at school-sponsored events by students is prohibited by school regulation.
Disciplinary action will be taken by school authorities against students involved in criminal acts
regardless of whether or not criminal charges result.
Section J-11
Code:
Date Issued:
JCDA
8-16-77
STUDENT BEHAVIORAL CODE
The student behavioral code is established by student handbooks, building handbooks, etc. as
developed by administrators and approved by the School Board.
Code:
Date Issued:
JCDAB
8-16-77
ALCOHOL AND DRUG USE
Administrators are instructed to cooperate fully with law enforcement agencies and are to report
to them any and all information that would be considered beneficial in their efforts to stem the
increase of illegal drug use.
The administrative staff is also instructed to take immediate steps to prevent any person from
coming upon the campus in possession of or under the influence of alcohol, marijuana,
hallucinogenic drugs, or narcotics of any kind--or attempting to deliver or use said drugs of any
kind on the campus.
Section J-12
Code: JCDAC
Date Issued:
6-24-91
DRUG POLICY - STUDENTS
It is this BCSA's policy to prevent and prohibit the possession and/or use, mimic of use, sale
and/or mimic of sale, distribution and/or intent of distribution of any illegal or controlled or moodaltering chemical, medication, or abused chemical not approved by the health office, on school
property, at school-sponsored events, and on school buses.
Such prevention and/or prohibition shall occur through a many faceted program including
education, awareness activities, identification, intervention, referral, and support.
Violations of this policy include:
A.
The possession, use, sale, and distribution of chemicals as defined and described within the
parameters of this policy.
B.
The possession of drug paraphernalia within the BCSA.
C.
The possession, use, sale, and distribution of any imitation of a controlled substance or
chemical as defined and described by this policy.
The consequences of such violations will result in disciplinary action.
This policy will be implemented through the efforts of school employees, students, parents/
guardians, and community agencies cooperating with the school.
Section J-15
Code:
JCDAC-R
Date Issued:
6-24-91
DRUG POLICY
DEFINITION OF TERMINOLOGY: In the BCSA Drug Policy, a student shall not knowingly
possess, use, distribute, sell, or be under the influence of mood-altering drugs, controlled
substances, tobacco or tobacco products while on school property, adjacent to school property,
or while attending a school-sponsored activity, function, or event.
DRUG POLICIES: Statements that establish an educational institution's position with respect to
the use, possession, sale of drugs, drug distribution, drug paraphernalia in school or on school
property or at school-sponsored functions.
MOOD-ALTERING DRUG: Any drug obtainable with or without a prescription that may be used
in a manner dangerous to the health of the user. Any substance, taken into the body in any way
that alters the mood, the level of perception, or brain function.
This includes, but is not limited to, alcohol, marijuana, narcotics (codeine, heroine), stimulants,
depressants, hallucinogens, inhalants, tobacco and tobacco products, or any substance which is
intended to alter mood. Look-alike substances and any capsules or pills not registered with the
health aide/nurse and annotated within the school policy for administration of medication to the
students in school is included.
CONTROLLED SUBSTANCES: Shall be those identified by Arkansas Law (Arkansas Criminal
Code, Volume 3, 1987.)
SCHOOL PROPERTY: Shall include not only actual buildings, facilities, and grounds on the
school campus, but shall also include any facility being used for school functions, school bus,
and school parking areas.
POSSESSION: Having for personal use, with or without any attempt to distribute as defined by
this policy, any chemical as defined by this policy or any substance determined to be illegal in or
on school property, adjacent to school property, or at a school-sponsored function.
DRUG PARAPHERNALIA: Any utensil or item of apparel which, in the school's judgment, can be
associated with the use of controlled substances. Examples include, but not limited to, roach
clips, pipes, bowls, and utensils which could be used to administer chemicals as defined by this
policy.
DISTRIBUTING: Attempting to deliver, sell, pass, or give any controlled chemical or substance,
as defined by this policy, from one person to another.
SELL: To exchange for monetary gain or trade for an item of lesser, equal, or greater value.
USE: To ingest, inject, or to take any drug defined by this policy with the intention to alter mind or
mood or create a manner dangerous to the health of the user.
UNDER THE INFLUENCE: Physical, behavior, or performance change or other symptoms,
including, but not limited to, a noticeable change in tardiness, attendance, grades, attentiveness
or actions that may include insubordination, aggressive behavior, or lack of motivation.
PERSONNEL: Any employee of the BCSA.
CORE TEAM: May consist of school personnel, parents, nurses, psychologists, law enforcement
personnel, and interested members of the community. The Core Team is the steering
committee for the entire IMPACT program. This team will be IMPACT trained to understand and
work on the issues of adolescent chemical use, abuse, and dependency and will play a primary
role in the identification and referral process of students coming to their attention.
UNAUTHORIZED VISITORS: Any person coming onto school property without school personnel
knowledge or permission as set by BCSA policy.
IMPACT PROGRAM: Provides a plan for creating a school team approach to address students
at-risk.
AT-RISK: Youngsters in danger of becoming dysfunctional adults.
DYSFUNCTIONAL: Impaired performance with respect to the acts or operations expected of a
person.
LOOK ALIKE: A drug intentionally misrepresented, manufactured, diverted, or illegally imported
for the street market.
TOBACCO: A stimulant which is chewed, snuffed, or smoked in the form of cigarettes, cigars,
pipes, snuff, and chewing tobacco. Nicotine, an extremely toxic substance if ingested, is the
active ingredient.
SUPPORT GROUPS: Voluntary small group structures formed by peers who have come
together for mutual assistance in satisfying a common need.
PROCEDURES FOR COMMUNICATING POLICY: The BCSA will use several methods to make
the public aware of its drug policy.
DRUG POLICY: A Drug Policy Handbook which articulates philosophy, policy, and procedures
will be distributed to parents, school staff, and interested community members. Included in the
handbook will be information such as signs and signals of substance abuse problems, a list of
referral resources, and suggestions for a drug-free environment
INTEGRATION OF POLICY: BCSA will promote integration of the policy by ensuring that
membership on the committee will include representatives from the community. The media will
also be used, as appropriate, to publicize the policy.
The training for the implementation of the drug IMPLEMENTATION policy will be two-fold. First,
there will be continued training using the IMPACT model for all administrators, counselors,
teachers, and support staff. Second, BCSA-wide in-service for recognizing and dealing with the
drug-affected student will be provided for all staff. Community members can be used for this
training (i.e., the administrator to explain policy; law enforcement officers to explain the law;
medical doctors to explain addiction and other experts to explain at-risk, addicted, and
recovering children.) in-service training will take at least three sessions.
COMPONENTS: The BCSA drug policy includes both disciplinary and educational components
that recognize the unique needs of various grade levels. Implementation of the policy will follow
the procedures spelled out in the discipline policy and the IMPACT model.
PROCEDURE EVALUATION: The policy and procedures on drugs will be reviewed between
March 1 and March 15 of each year by a committee appointed by the BCSA Drug Coordinator
consisting of patrons and school personnel.
EVALUATION CRITERIA: Evaluation criteria and monitoring might include the following:
A.
The increase in the number of IMPACT trained personnel
B.
The development of core teams in each building
C.
The development of drug-free support groups
D.
The number of disciplinary actions due to drug abuse
E.
The number of repeat offenders
F.
Changes in state law that would affect school drug policy.
G.
Referrals to outside agencies
H.
Effectiveness of disciplinary actions
I.
The review of education programs, awareness activities, and identification procedures
Code:
Date Issued:
JCDAE*
8-16-77
CARRYING WEAPONS
No weapons of any kind will be allowed on the school grounds. Anyone with a weapon in
his/her possession will be handled accordingly.
Legal Ref.: Act 259
Section J-16
Code:
Date Issued:
JCDB
8-16-77
DRESS CODE
Dress and appearance must not present health and safety hazards or cause disruption of the
educational process.
Code:
Date Issued:
JCEB
1-16-89
STUDENT COMPLAINTS
The purpose of this policy is to secure at the first possible level prompt and equitable resolution
of student complaints, including those alleging discrimination on the base of race, religion, color,
sex, national origin, handicap, or Limited English Proficiency.
PRESENTATION: The student may be represented by an adult at any level of the complaint.
If the complaint involves a problem with a teacher, the student shall discuss the matter with the
teacher before requesting a conference with the administrator at Level One.
LEVEL ONE: A student who has a complaint shall request a conference with the administrator,
who shall schedule and hold a conference with the student.
LEVEL TWO: If the outcome of the conference with the administrator is not to the student's
satisfaction, the student may request a conference with the Superintendent, who shall schedule
and hold a conference. Prior to or at the conference, the student shall submit a written complaint
that includes a statement of the complaint and any evidence in its support, the solution sought,
the student's signature, and the date of the conference with the administrator.
LEVEL THREE: If the outcome of the conference with the Administrator is not to the student's
satisfaction, the student may submit to the Administrator a written request to place the matter on
the agenda, at least three days before the agenda is prepared.
The Administrator shall inform the student of the date, time, and place of the meeting. The
Board President shall establish a reasonable time limit for complaint presentations. The Board
shall listen to the student's complaint and take whatever action it deems appropriate.
EXECUTIVE SESSION: If the complaint involves complaints or charges about an employee, it
will be heard in executive session unless the employee requests it to be in public.
If students, or the parent of a student involved in a disciplinary ruling, wish to contest the ruling,
they must state their complaint to the administrator. If an agreement cannot be reached, they
may appeal to the Administrator. Any further appeal would be carried to the Board of Education
and must be in writing.
Section J-17
Code:
Date Issued:
JCEC
8-16-77
DEMONSTRATION AND STRIKES
Students who participate in a demonstration that disrupts classes will be given up to a three-day
suspension pending an investigation of the problem; and as soon as possible, an informal
hearing will be held. Suspended students will be readmitted to classes at the direction of the
administrator.
Code:
Date Issued:
JD
8-16-77
DISCIPLINE
The School Board expects that when students willfully violate school rules, defy instructions of
teachers and administrators, or interfere with the normal operation of the school program, the
administrator in charge will take appropriate action as prescribed by the School Board policies
and regulations, ordinances of the City of Bentonville, and statutes of the State of Arkansas.
The constitutional rights of individuals assure the protection of due process of law; therefore, this
system of constitutionally and legally sound procedures is used with regard to the administration
of discipline in BCSA:
1.
The hallmark of the exercise of disciplinary authority shall be fairness.
2.
Every effort shall be made by administrators and faculty members to resolve problems
through effective utilization of School resources in cooperation with the student and his
parent or guardian.
3.
Teachers and other school personnel have the authority to give reasonable instructions to
any student while (s)he is under school jurisdiction and the responsibility for reporting the
violation of a school regulation by a student.
4.
A teacher has the authority and responsibility for giving reasonable and necessary
instructions to any student who is under school jurisdiction, and for reporting violations of
school regulations not resolved by the teacher.
Discipline is a matter for each individual teacher. It should be realized that no satisfactory work
can be done where there is not the proper conduct or behavior on the part of the student. Hence,
well-planned work, good motivation, individual assignments for the abnormal pupils, etc., will
take care of most disciplinary problems. In other cases teachers will try to anticipate the
difficulties and handle them in their early states. Conference with such pupils and their parents
will often settle the differences.
When situations develop that appear to need the help of law enforcement officers, the
administrator will confer with the Administrator or Assistant Administrator. If they are not
available, (s)he will make his/her own determinations.
The Board recognizes the need for firmness in disciplinary action to deal with problems which
occur in the classrooms and during other school activities, whether on or off the school
premises. Accordingly, the Board authorizes the administration of corporal punishment as a part
of the disciplinary process.
Corporal punishment may be administered by any certified employee of the BCSA to any pupil
for disruptive or unmanageable conduct; insubordination; profane, violent, vulgar or insulting
language, or other conduct that would tend to disrupt the educational process.
The Board directs that corporal punishment will be administered according to the following
requirements:
1. It will be administered in the presence of at least one other certified school employee as a
witness who shall be present when the student is advised of the reason for the punishment.
2.
It will not be administered in the presence of other students, nor in a spirit of malice or anger,
nor will it be excessive.
3.
Refusal to take corporal punishment may result in suspension.
4.
The employee administering the corporal punishment shall prepare a written report stating
the reason for the punishment and the name of the witness, and shall submit a copy to the
administrator's office.
5.
On request, the parent shall be informed in writing of the reasons for the punishment and the
name of the witness.
Section J-19
Code:
Date Issued:
JDC
8-16-77
PROBATION
A student may be placed on probation by the school for any act of misconduct including nondiligence in studies. Parents will be notified in writing when this action is taken.
Code:
Date Issued:
JDD
8-16-77
SUSPENSION
A student may be suspended from school by the administrator for conduct which impairs the
discipline of the school or harms other students subject to appeal to the Administrator or his
designee. Suspension should be invoked only as a last resort. In each instance, the
administrator will notify the parents and Administrator in writing of the reason for the
suspension. The suspension is not to exceed ten (10) school days. In the event of appeal to the
Administrator or his designee, the suspension shall be reviewed within one school day.
A teacher has the authority to temporarily remove a student from class. The teacher may
accompany the student to the office of the administrator and shall file with the administrator a
written statement of reasons for the student's suspension from class. The administrator shall
determine whether to reinstate the student in class, reassign him/her, or take other disciplinary
action.
When students have been notified that they are suspended from school, they shall leave the
building and grounds immediately and shall remain away from school premises until the
suspension has expired.
The appeal of the administrator's decision to suspend a student shall be to the Administrator or
his designee only. There shall be no appeal to the Board.
Legal Ref.: AR Code
6-18-507
Code:
Date Issued:
JDE
8-16-77
EXPULSION
The School Board may expel a student from school for misconduct when other means of
correction fail to bring about proper conduct. In general, the act of expulsion may be taken in the
following circumstances; continued willful disobedience; open and persistent defiance of the
authority of the teachers; acts that interfere with the private life of school employees; failure of a
student to be diligent in his studies; refusal of a student to comply with duties he is bound to
perform; and the commission of criminal acts.
When the administrator decides to recommend that a student be expelled, (s)he shall make such
recommendation to the Administrator along with a written statement of the charge or charges
against the student. If the Administrator agrees with the recommendation, he shall make his
recommendation to the School Board and notify the student's parents. The student and parents
may waive a hearing scheduled for this purpose.
The School Board may expel a student for any appropriate period of time.
HEARING: Students or their parents may request a hearing before the Board to contest an
expulsion.
At their request, the Administrator shall schedule, within a reasonable time, a hearing before the
School Board and shall notify the student and parent(s) or guardian in writing as to the time,
place, and purpose of the hearing. The parents must notify the Administrator within five (5) of
their desire to attend a hearing. The following guidelines shall be used in the hearing procedure.
1. The charges against the student shall be stated in clear and concise terms and may be in
writing.
2.
A parent or legal guardian of the student may be present at the hearing.
3.
The student shall be given an opportunity to give his/her version of the facts and their
implications.
4.
The student shall be allowed to observe all evidence offered against him/her, right to cross
examine, and the right to an attorney.
5.
A record may be kept of the hearing.
6.
The hearing authority shall state, within a reasonable time after the hearing, its findings as to
whether or not the disciplinary action should be revoked, affirmed, or altered.
STATE LAW: The student discipline policies of the BCSA are designed to conform to state law.
To the extent this policy conflicts with state law, either when adopted or because state law is
amended in the future, the portion of this policy in conflict shall be void and state law shall apply.
Section J-20
Code:
JDF
DISCIPLINE OF DISABLED STUDENTS
A disabled student, as defined in state standards, who engages in inappropriate behavior is
subject to normal disciplinary rules and procedures, provided the student's right to a free and
appropriate public education is not violated.
The individualized education plan (IEP) team for a disabled student should consider whether
particular disciplinary procedures should be adopted for that student and included in the IEP.
Code:
Date Issued:
JGA
8-16-77
STUDENT INSURANCE PROGRAM
Student insurance will be offered each student at the beginning of school. The school in no way
profits from this insurance, but it is sold for the protection of students.
When students covered by school insurance are injured, they should pick up claim forms from
the office as soon as possible so that their claim can be processed. Accidents must be reported
to the insurance company by the school within twenty (20) days and claims must be submitted
within ninety (90) days of the accident.
Section J-21
Code:
JGC-R
Date Issued:
8-16-77
STUDENT HEALTH SERVICES
The Board shall cooperate with state, county and city health departments in providing health
services for the school.
When a student becomes ill while at school, (s)he should go to either the administrator's office or
the school nurse. If the illness is of such a nature that the student should go home, or to the
doctor, every effort will be made to contact the parents. Students should not be sent home
without first contacting the parents unless the age of the student and family situation justifies an
exception. A sick room shall be maintained to meet emergency needs at any time.
In case of an accident, the administrator will be notified immediately and the parents will be
contacted.
A child suspected of having or being able to transmit a communicable disease is excluded from
school upon advice of a physician or school nurse. If the suspected condition is found not to
exist, the same person may readmit the child. In case of actual existence of a communicable
disease, the child is readmitted upon presentation of a physician's certificate or recommendation
or the school nurse.
Code:
Date Issued:
JGCC
12-18-89
COMMUNICABLE DISEASE POLICY FOR STUDENTS
The School Board recognizes its responsibility to provide a safe and secure learning
environment for all eligible school-age children. It also recognizes the trauma that can
accompany severe disease. In the case of severe contagious disease, strict adherence to safety
measures is required.
In an attempt to maintain a balance between the individual rights of students and the control of
communicable diseases, the School Board requires that no child with a communicable disease
shall be denied access to school on the basis of an opinion by a single individual. All decisions
regarding the educational status of a student with a communicable disease shall follow the steps
outlined in the procedure adopted by the Superintendent.
A student and/or his/her parent(s)/guardian(s) will inform the school building administrator if the
student is afflicted with a communicable, contagious, and/or infectious disease. If in the
judgment of the school building administrator, there is any risk of the student transmitting the
disease to others, the school building administrator will immediately exclude the student from
school and may require that the student be examined by a physician designated by the BCSA.
The school building administrator also may require a written statement of health from a physician
of the BCSA's choosing in order for the affected student to re-enter school.
Criteria will be established to determine whether a student with a communicable, contagious,
and/or infectious disease, including common childhood diseases, will be permitted to attend
classes. All cases will be reviewed on an individual basis
If it is determined that the student will not be permitted to attend classes and/or participate in
school activities, arrangements will be made to provide an alternative education program.
CONFIDENTIALITY:
Records of a student who has a communicable, contagious, and/or infectious disease, other
than a common childhood disease, will be kept confidential; and the name of the individual will
not be revealed publicly.
APPEAL PROCESS: An appeal process will be established that will allow the student and/or
parent(s) and/or guardian(s) to appeal decisions regarding exclusion from school in writing to the
Administrator.
The School Board directs the Administrator to develop administrative guidelines to implement
this policy.
Section J-22
Code: CE
Date issued:
6-24-91
HUMAN IMMUNODEFICIENCY VIRUS (HIV) /ACQUIRED IMMUNODEFICIENCY SYNDROME
(AIDS)
The acquired immunodeficiency syndrome (AIDS) is caused by the human immunodeficiency
virus (HIV). Transmission of the virus occurs by TRANSFER of blood, semen, or vaginal fluids
from person to person. The four modes of transmission are:
1.
Sexual intercourse (oral, vaginal, anal)
2.
Sharing needles
3.
4.
A.
drug use (including steroids)
B.
tattooing
Mother to child
A.
pre-natal and post-partum (pregnancy and delivery)
B.
lactation (breast feeding)
Transfusion of blood/blood products
The majority of infected children acquire the virus from the infected mothers in the neo-natal
period. None of the pediatric AIDS cases in the U. S. have demonstrated transmission in the
school, daycare, or foster-care setting; and, indeed, casual person-to-person contact is believed
to pose no risk for viral transmission.
EVALUATION: Students who are medically ill should be evaluated on a case-by-case basis by a
team comprised of the student's administrator, personal physician, a school board appointed
physician, and public health personnel. The decision to admit should be based on the medical
condition of the child including evaluation of his/her immune status and performance status. The
most current medical information concerning contagiousness and transmittal will be used.
CONFIDENTIALITY:
Confidentiality is of extreme importance; and, therefore, the identity of infected students, if not
already public knowledge, should be known only to the Administrator, Director of Nursing, school
nurse, building health Aide, and that student's administrator and teacher(s). Neither confirmation
nor denial of suspicion or positive testing will be given by school officials, even if public
knowledge is alleged.
RESTRICTION: There are no medical or legal reasons to restrict a child of an HIV infected
parent from attending school. Children with HIV infection should not receive live virus vaccines
and should be excused from regulations requiring them. Of course, any student, including an
HIV infected child, who has contracted a contagious disease, will not be allowed to attend school
without clearance from the Public Health Department.
RESTRICTIONS: Employees who are known to be infected with HIV should be allowed to
continue in their capacity unless medically unable as judged on a case-by-case basis by a team
comprised of the employee's personal physician, a physician appointed by the School Board,
public health personnel, and school system administrators. As in the case of students, the most
current medical information concerning contagiousness and transmittal will be used.
Confidentiality for employees must be maintained.
SCREENING: Routine serology screening of students or employ
PRECAUTIONS AND PROCEDURES: The following standard procedures shall be implemented
in order to insure that persons responsible for cleaning facilities and equipment are protected
from all communicable diseases.
These include:
1.
Students and teachers should be encouraged to wash hands as a routine practice. A ten- to
fifteen-second washing with soap after handling body fluids is essential.
2.
Blood and/or body fluid spills should routinely be handled using a barrier such as paper
towels, plastic garbage receptacles, and disposable gloves. Soiled surfaces should be
cleaned promptly with disinfectants, such as household bleach, diluted 1:10, one-part bleach
to ten-parts water. Persons involved in such cleaning should avoid exposure to open skin
lesions or mucous membranes by the blood or body fluids. Cleaning implements such as
mop heads should be cleaned thoroughly after clearing a blood and/or body fluid spill.
Implements should be cleaned with detergent in hot water of 160 degrees Fahrenheit, rinsed,
soaked in a one-part bleach to ten-parts water solution, and rinsed again.
3.
Any garbage containing blood or body fluids (i.e. sanitary napkins) should be placed in a
plastic bag, securely fastened, and disposed of properly.
4.
Persons involved in the cleaning of facilities in which blood
and/or body fluid spills (i.e.
feces, urine) occur should wear disposable gloves and follow routine hand washing
procedures.
5.
Persons responsible for the cleaning and maintenance of CPR manikins and CPR instruction
should follow the guidelines established by the American Heart Association, the American
Red Cross and the Center of Disease Control (CDC).
Section J-22
Code:
JGDA
PSYCHOLOGICAL TESTING
The BCSA uses educational and/or psychological examiners to do specialized testing in the
referral-placement process. Any test deemed necessary that cannot be legally or effectively
given by a qualified staff member will be referred to an outside agency.
Specialized testing is considered a part of the special education program.
Code:
JGE
STUDENT SOCIAL SERVICES
BCSA employs a social worker to work with educationally and/or environmentally deprived
students. The social worker aids in providing clothing, shoes, medical and dental services, and
other items in cases of definite need. The social worker works to mitigate any problem of the
child and/or his family that affects the child.
The social worker encourages parent involvement in the student and his/her school setting. The
social worker works in cooperation with community agencies, organizations, and individuals in
meeting the needs of families.
Section J-25
Code:
Date Issued:
JGFA-R
8-16-77
EMERGENCY DRILLS
Fire Drills will be held unannounced once a month. Fire Marshals will be appointed to make
regular inspections during the fire drills. Exit instruction will be given by the teachers, but these
rules which should be followed in all situations:
1.
Teachers should be the last to leave the room, after seeing that the windows are closed.
They should take their roll books.
2.
Walk quietly and in single file out the designated exit.
3.
Stand in assigned positions without talking and wait until the bell is run again for return to
class.
4.
Each school will develop plans to be used in case of a tornado alert, and the procedures will
be posted in each classroom by the first day of school. Each school will hold at least one (1)
tornado drill during each semester.
Legal Ref.: 82-813, Arkansas Code of Laws
Code:
JGFAA
BOMB THREATS
Persons making bomb threats to BCSA will be prosecuted under 41-4610, Act 300, 2959.
Students making threats will also be recommended for expulsion.
Section J-26
Code:
JGFB
SUPERVISION OF STUDENTS
PLAYGROUND: The philosophy of education of BCSA makes it imperative that habits of good
citizenship taught in the school be further developed while pupils are on the playgrounds. It is
the obligation of the administrators and teachers to arrange for adequate supervision of the
children on the playgrounds and in the classrooms at all times.
INCLEMENT WEATHER: Each administrator will arrange to take care of pupils arriving early, on
rainy days, or in bad weather. Children should be admitted to the building under supervision.
Likewise, children who wait for their parents in the afternoon should be supervised.
Code:
Date Issued:
JGFC-R
8-16-77
DISMISSAL PRECAUTIONS
PERMISSION TO LEAVE: Students will not be permitted to leave the campus without first
checking with the Assistant administrator and presenting a note from their parents, or a call,
stating the time the student is to be excused and the reason. No other persons, unless
specifically authorized, shall give a student permission to leave the school campus.
A student may leave only after permission has been granted and properly signing out. Leaving
school without proper permission or properly signing out will be considered an act of truancy.
Code:
Date Issued:
JGFF-R
8-16-77
STUDENT AUTOMOBILE USE
Designated parking areas have been provided for the use of the faculty and students while on
school campus. Students are required to park in assigned school parking areas.
In order to drive or park student cars or motorbikes on school property during the school day,
students must secure a student parking permit for each vehicle and display it on the car or motor
bike.
Students who have classes off campus are not to drive personal vehicles but are to ride the
school bus provided.
It is the policy of the School Board that students do not sit in parked cars.
The automobile should be parked, and the student should then leave the parking area.
The rules and regulations pertaining to student vehicles must be observed or privileges will be
revoked.
Specific rules and regulations are outlined in student handbooks.
Section J-27
Code:
JGFG/JGFGA
Date Issued:
8-16-77
STUDENT SAFETY-ACCIDENTS/FIRST AID
CARE: Any child who becomes injured at school shall be cared for by the teacher, administrator,
or school nurse; and the parent shall be notified. If the child's condition is thought to be serious,
the child shall be sent home. In case immediate attention of a physician is necessary, the child
shall be taken to the family physician and the parents notified. Parents are requested to furnish
the school with the name of the family doctor of their choice. If no choice is indicated and
immediate attention is necessary, the child shall be taken to a doctor at the parent's expense.
First aid shall be administered if necessary.
Legal Ref.: Act 46, 1963
Code:
JH
EXTRACURRICULAR ACTIVITIES
It shall be the policy of the School Board that the BCSA will adhere to the requirements
established by the Arkansas Activities Association in regard to extracurricular activities.
Although cognizant of the value of extracurricular programs, the Board believes the following
points should be used by Administrators in determining whether or not pupils may participate in
such activities:
1.
That participation in the activities will not deprive students of the instructional time needed to
successfully complete academic course work.
2.
That care will be taken to ensure that these programs not interfere with the instructional
school day.
3.
That students' and/or organizations' activities may be curtailed or modified due to those
activities' infringements on the instructional time needed by students to perform their
academic work to satisfaction.
Section J-28
Code:
Date Issued:
JHB-R
8-16-77
ACTIVITIES AND MANAGEMENT
All students' activity money must be deposited with the bookkeeper in the administrator's office.
The organization's sponsor or treasurer may deposit and receive receipt for the money.
Withdrawals from the accounts may be made by presenting a requisition or written request
stating the amount to be withdrawn and to whom it is to be paid; then a voucher will be issued
against this account. The sponsor or administrator must sign the requisition or purchase order.
Sales ticket, or signed voucher, for the amount of withdrawal must be attached to the requisition
or written request. Disbursals will be made by check only.
Code:
Date Issued:
JHCA
8-16-77
STUDENT CLUBS
Student Clubs that provide group activities which are in conformance with the educational
objective of the school system are to be encouraged to the extent that they contribute to the
training and development of the student.
Such clubs shall be under the direction and supervision of regular school personnel and in
conformity with the policies of the Board.
Student clubs must be approved by administrators, and any fund-raising projects must have prior
approval of the administrator.
Code:
Date Issued:
JHCA-R
8-14-79
STUDENT CLUBS
Activities and organizations may adopt policies governing the conduct of students belonging to
said activity or organization. Students that are members of activity or organization are subject to
these policies. Even if these policies may differ from regular student policies, a student that
violates activity or organizational policies, and/or school policies, is subject to the penalty stated
in both policies.
Section J-29
Code:
Date Issued:
JHCAA
8-16-77
SECRET SOCIETIES
The State Laws of Arkansas prohibit student participation in any secret organization, sorority or
fraternity.
Legal Ref.: 80-2007, 1960
Code:
Date Issued:
JHCB
8-16-77
STUDENT GOVERNMENT
The school may organize and maintain a student council or similar group. Student councils shall
provide students an opportunity to participate in the organization of student activities by serving
as a representative and helping to plan social and special programs during and after school.
The council also serves as a forum for students' expression.
Code:
Date Issued:
JHCC
8-16-77
STUDENT PUBLICATIONS
Students are entitled to express in writing their personal opinions. The distribution of
handwritten, duplicated, or printed material on school premises must be with the prior consent of
the Administrator and may not interfere with or disrupt the educational process. Written
expressions which are distributed must be signed by the authors.
Students who edit, publish, or distribute handwritten, printed, or duplicated matter among their
fellow students within the school must assume responsibility for the content of such publications.
Libelous and obscene matter and personal attacks are prohibited in all publications.
Unauthorized commercial solicitation will not be allowed on school property at any time.
Section J-30
Code:
Date Issued:
JHD
8-16-77
STUDENT SOCIAL EVENTS
Any school party or social affair must be approved by the administrator and given a date and
time. All school parties must have school sponsors present as well as other sponsors that the
administrator may require. Students must conduct themselves at school parties and activities as
they would during a school day. Violation of this code of conduct is handled the same as it is
during the day.
All school activities must end at time specified by the administrator. The school will not sponsor
or be responsible for parties that do not meet these requirements.
Code:
Date Issued:
JHE-R
8-16-77
STUDENT PERFORMANCES
Student performances or trips either at school or away from school shall be approved by the
administrator. Performances out of state shall require approval of the administrator and/or
Board.
Code:
Date Issued:
JIHE
2-21-00
NO SOCIAL PROMOTION POLICY
Due to the implementation and revision of standards, students will not be promoted unless they
are proficient on K-4 Standards for Advancement. Criteria for meeting standards will be based
on uniform/standardized assessments and scoring guides. Students not meeting Standards for
Advancement will have opportunities for remediation throughout the school year; however,
students who are not proficient or above on Standards for Advancement will not be promoted to
the next grade. No Social Promotion will be implemented as follows:
2000 - 2001
K-2 students
2000 - 2002
Grade 3-4 students
2002 - 2003
Grade 5-12 students
By the year 2002-2003, students in grades 5-12 will not be promoted unless they meet grade
level/course criteria for Standards. Criteria for meeting standards will be based on
uniform/standardized assessments and scoring guides.
Code:
Date Issued:
JJB-R
8-16-77
OUTSIDE EMPLOYMENT
Going to school is a full-time occupation. If students must take outside employment for part of
the school day, they may apply for a work permit which will allow them to leave early. Students
must initiate the work permit with their counselor and bring it to the administrator for approval
Section J-31
Code:
Date Issued:
JKA
8-16-77
SOLICITATIONS OF STUDENTS
Unauthorized commercial solicitations will not be allowed on school property at any time.
Code:
Date Issued:
JQF
8-16-77
MARRIED STUDENTS
Married students should report their marriage to the administrator and work very carefully with
the administrator and counselor.
Code:
JQG
UNWED MOTHERS
Unmarried students should counsel with the school counselor or nurse before and after the birth
of her child.
Code:
Date Issued:
JR
8-16-77
SCHOOL RECORDS
An accurate cumulative student record folder must be kept for each pupil. The folders of pupils
completing the elementary school are to follow the pupils through the junior and senior high
school. Cumulative record folders of pupils who have dropped out of school are to be filed in the
individual school.
Cumulative record folders may include, but are not necessarily limited to, identifying data,
academic work completed, level of achievement (grades, standardized test scores) attendance
data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory
results, health data, family background information, teacher or counselor rating and
observations, and verified reports of serious or recurrent behavior patterns.
Section J-32
Code:
Date Issued:
JRA-R
8-16-77
SCHOOL RECORDS--COST OF TRANSCRIPT
1.
All individuals will be given at least one free transcript.
2.
While enrolled in BCSA and through August after graduation, individuals will be given free
transcripts to apply for scholarships, college, work, etc. Also, those transcripts mailed by
BCSA to other than post high schools will be free.
3.
There will be a charge of $1.00 for transcripts, after the first free one, after August following
graduation.
4.
Those who have dropped out will be allowed one free transcript; others will be $1.00 each.
Code:
Date Issued:
JRB
9-10-77
SCHOOL RECORDS - CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION
It shall be the policy of the BCSA to establish procedures in accordance with detailed criteria
prescribed under Section 615(c) with regard to confidentiality of personally identifiable
information including, but not limited to, notice to parents, access rights, hearing process,
consent, safeguards, protecting children's rights, enforcement, and destruction of data. BCSA
shall accept the confidentiality requirements as prescribed under 80-2133 Arkansas Statutes
Annotated, as set forth in Procedures of Evaluation and Placement.
Code:
Date Issued:
JRB-E
9-20-77
SCHOOL RECORDS--CONFIDENTIALITY
Excerpts from procedures for evaluation and placement: Special Education and Related
Services.
POLICIES
NOTICE TO PARENTS: Prior to any major child identification activity, the Arkansas Department
of Education, local schools, and other State and local agencies participating in the activity shall
give notice which is adequate to fully inform parents about the policies and procedures.
Parents are guaranteed full and free access to information which is collected and maintained
regarding their children from the local and/or state agency which maintains it. If that personally
identifiable information is neither maintained by the Department of Education nor sought by the
Department of Education from any other state or local agency serving the handicapped, there is
no manner to assure that parent's access to a specific record is possible. If the State is required
to collect personally identifiable data at some future date, these guidelines shall apply to that
collection activity subject to existing State and Federal Law. The Department of Education and
its local counterparts will not coordinate child find efforts with agencies failing to protect
confidentiality under Section 613 (b) (B) of EHA-B as amended by Public Law 91-142.
Access is guaranteed through 80-2135 Arkansas Statutes Annotated which provides that:
"Every public school shall make and keep current a list of all handicapped children tested and
examined. The results of tests and examinations shall be confidential, except that the parent or
guardian and the child age 18 and over shall have access to the results, and physicians and
other specialists may be given the results with the permission of the parents or guardian, or child
age 18 and over."
HEARING RIGHTS: Hearing rights of parents, and the rights to challenge the accuracy or
appropriateness of such information is guaranteed under 80-2135 Arkansas Statutes Annotated,
which states: "Every school shall test and examine, or cause to be tested and examined, each
child it believes is handicapped. The tests and examinations shall be administered in
accordance with rules and regulations of the Department of Education. All decisions pertaining
to changes in the educational status of a child shall follow due process procedures established
by the "State". Such due process shall include providing for parental prior notification of testing
and provision of special education services, right to request educational and evaluation and
special education services, and right to hearing and appeal of education decisions."
CONSENT: All local education agencies shall obtain a signed consent statement before seeking
data directly from the child by formal evaluation. Section 438 of the General Education
Provisions Act shall apply.
The foregoing shall be considered to the regulations adopted by the Department of Education to
implement Section 19 of Act 102, as amended (Arkansas Statutes Annotated, 80-2133).
SAFE GUARDS: Each agency providing special educational services is required under 80-2133
Arkansas Statutes Annotated to maintain personally identifiable data in a confidential manner.
This will include the named responsibility of the director of each agency or his delegate as
responsible for this task. It will be the responsibility of that person to:
a.
b.
Assure that all data are maintained in locked storage.
Maintain a current listing for public inspection of those persons who legitimately have access
to the data.
Each local education agency shall provide for the training of those persons using or collecting
personally identifiable data as to the policies and procedures set forth in this Annual Program
Plan Amendment and in Section 438 of the General Education Provisions Act. The Arkansas
Department of Education will set minimum standards for this training and will provide technical
assistance and consultation to local education agencies.
DESTRUCTION OF DATA: All personally identifiable data collected for the purpose of
determining those children needing and not needing special education and related services, and
those children currently receiving and not receiving these services shall be destroyed within five
years after the data is no longer needed to provide education services to the child, except that a
permanent record consisting of a student's name, address, and telephone number, his/her
grades, attendance record, classes attended, grade level completed and year completed may be
maintained without time limitation.
Prior to destruction of data, reasonable efforts shall be made to notify parents that they have the
right to be provided with a copy of any data which has been obtained or used for the purpose
previously mentioned.
CHILDREN'S RIGHTS: All rights indicated in these guidelines with regard to parents shall pass
to the child upon reaching majority, except in the case of a severely or profoundly handicapped
child who is legally determined to be incompetent to make such decisions for him/herself, and for
whom legal guardianship is required beyond age of majority. In those instances, the legally
established guardian shall maintain the rights to privacy as outlined in this section.
PROCEDURES
NOTICE TO PARENTS: Agency Notices. All local counterparts of the Department of Education
and each of the other participating state or local agencies will be notified via memorandum. A
sample brochure will be provided to all local counterparts of the Department of Education and
each participating state or local agency. This brochure will describe the existence of the data
collection activity and may be adopted by each participating agency as a means for routinely
informing the parents of each child who is receiving special educational services in Arkansas, or
who is found to be in need of service, but on a waiting list. All participating agencies will be
encouraged to use the sample brochure as provided.
(NOTE: A copy of the sample brochure is included on page 32 in Part V-forms.) Since
Arkansas does not have a significant population of non-English speaking citizens, parents will be
notified in their native language primarily via individual interpretations of the brochure.
ACCESS RIGHTS: The rights of parents to inspect this information is stipulated in the Family
Educational Rights and Privacy Act, is assured according to the following policies and
procedures.
INSPECTION
a.
Requests by parents to inspect information which are made prior to a referral or evaluation
conference shall be honored prior to the holding of that conference.
b.
Requests by parents to inspect information shall be honored without unnecessary delay, and
in no case more than forty-five calendar days after the request has been made.
c.
Reasonable requests by parents for explanation conference shall be honored prior to the
holding of that conference.
d. Requests by parents for a listing of the types and locations of data collected, maintained, or
used shall be honored.
e.
The authority of the parents to inspect and review data relating to his or her child may be
presumed unless advised that the parent does not have the authority under Arkansas laws
governing such matters as guardianship, separation, or divorce.
f.
If any record includes data on more than one child, the parents of those children shall have
the right to inspect and review only the data relating to their child or to be in-formed of that
specific data.
COPIES OF INFORMATION:
a.
Parents shall have the right to request that copies of records containing data on his/her child
be provided where failure to provide those copies would effectively prevent the parent from
exercising the right to inspect and review that data.
b.
A reasonable fee may be charged for providing copies of information requested by parents
so long as the fee does not effectively prevent the parents from exercising their right to
inspect and review those records.
c.
No fee shall be charged for searching and retrieving data.
OTHER: A record shall be kept of parties obtaining access to data collected, maintained, or used
for the purpose of determining those children needing and not needing special education and
related services, and those children currently receiving and not receiving these services. This
record shall include the name of the party, the date access was given, and the purpose for which
the party was authorized to use the data. This requirement shall not apply to parents and
authorized employees of the local education agency.
HEARING RIGHTS: Due process procedures established by the "State" are set forth in detail in
this document. The following procedures shall apply with regard to hearing rights:
a.
A parent may request that appropriate amendments be made to data which he/she believes
is inaccurate or misleading or violates the privacy of other rights of the child.
b.
After receiving the request, a decision shall be made within a reasonable period of time as to
whether to amend the data in accordance with the request.
c.
Should the decision be a refusal to amend the data in accordance with the request, the
parents shall be informed of this decision and advised of their right to a hearing.
d.
Upon request, the opportunity for a hearing shall be provided in order to challenge the data
to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other
rights of the child. The hearing shall be conducted according to the following procedures:
1.
The hearing shall be held within a reasonable period of time after the local
education agency has received the request, and the parent shall be given notice
of the date, place, and time reasonably in advance of the hearing;
2.
The hearing shall be conducted by the Administrator of the local education
agency or his designee, neither of which shall have a direct interest in the
outcome of the hearing;
3.
The parent shall be afforded a full and fair opportunity to present evidence
relevant to the contested data and may be assisted or represented by individuals
of his or her choice at his or her own expense including an attorney;
4.
shall make its decision in writing within a reasonable period of time after the
conclusion of the hearing; and this decision shall be based solely upon the
evidence presented at the hearing and shall include a summary of the evidence
and the reasons for the decisions;
5.
If, as a result of the hearing, the local education agency decides that the data is
not inaccurate misleading, or otherwise in violation of the privacy or other rights
of the child, it shall inform the parent of the right to place in the records it
maintains on the child, a statement commenting on the data and setting forth any
reasons for disagreeing with the decision of the agency. Should the parent
choose to place such a statement in the records, the following procedures shall
apply to the statement:
6.
Be maintained as part of the records of the child as long as the record or
contested portion thereof is disclosed by the agency to any party, the statement
shall also be disclosed to the agency.
CONSENT
a.
Prior to disclosing any personally identifiable data to other than authorized local education
agency personnel for any purpose and prior to seeking personally identifiable data from the
child by formal evaluation, the education agency shall provide the parents with a copy of the
brochure, see page 32 Part V, Forms, or a similar document which shall describe the children
on whom data will be maintained, the types of data sought, the sources from whom data will
be gathered, the uses made of the data; the policies regarding storage, disclosure to third
parties, retention, and destruction of all personally identifiable data; and all the rights of
parents and children regarding this data; and the circumstances under which their written
consent is required.
b.
Should parents refuse to sign the consent statement for formal evaluation, the agency shall
have the option of either foregoing the evaluation and providing appropriate services on the
basis of existing data, or seeing court appointment of a special guardian under applicable
Arkansas law.
c.
The parent shall also be informed that refusal to consent to an evaluation shall not prevent
the child from receiving beneficial services. This is in accord with 80-2133 of Arkansas
Statutes Annotated which states: "& he responsibility to provide the appropriate services is
not reduced by the object of a parent or guardian to an evaluation of the child's educational
needs or to the child's participation in beneficial services designed to promote the well-being
of the child..."
Section-37
Code:
Date Issued:
JRB-R1
9-20-77
SCHOOL RECORDS-PERSON RESPONSIBLE FOR ASSURANCE OF CONFIDENTIALITY
The person responsible for assuring confidentiality procedure in the BCSA shall be the
administrator.
Code:
Date Issued:
JRB-R2
9-20-77
SCHOOL RECORDS - RECORD OF ACCESS TO CONFIDENTIAL RECORDS
A list of people who have permission for access to confidential records will be posted on the file
containing said records. Others who gain access to a specific file and whose name does not
appear on the list, will be added to that individual student's file.
Section J-38
Code:
Date Issued:
JS
8-16-77
STUDENT FEES, FINES, AND CHARGES
Fees for instructional supplies, other than textbooks, may be required by the school as needed.
Authorized fee lists from will be reviewed, revised, approved, and published annually.
It shall be the responsibility of the administrator to formulate the necessary controls and
bookkeeping procedures to assure that monies are being correctly handled.

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School Board Policies & Procedures Manual Chapters and Codes