Section 3—Certified Personnel Policies


3.0—LICENSED PERSONNEL POLICY COMMITTEE

Membership
The membership of the licensed personnel policy committee (PPC) shall be:

  1. Six (6) members who are classroom teachers as follows:
    1. Two (2) members shall be from the Elementary School;
    2. Two (2) members shall be from the Middle School; and
    3. Two (2) members shall be from the High School.
  2. Up to two (2) administrators appointed by the superintendent, which may include the superintendent.

Election of Teacher Members
The six (6) teacher members of the PPC shall be elected as follows:

The election for the teacher members of the PPC shall be conducted by the PPC by October 15 of each year. The election shall be conducted with the use of a secret ballot. A teacher may cast a ballot to vote for the candidate(s) the teacher is eligible to vote for. The two candidates who receive the highest number of votes shall be declared the winner. In the event a position up for election only receives one candidate by the date designated for the submission of candidates, the unopposed candidate shall be declared to be elected without the need to hold a full election for the position.

If an election to fill positions on the PPC is not conducted by October 15, the Board of Directors may appoint an individual to fill the position that was up for election.

Length of Term
The length of term for teacher members of the PPC shall be two (2) years. Terms of teacher members shall be staggered so that, to the extent possible, an equal number of teacher members are elected each year. If an election is held due to a vacancy on the PPC, the individual elected to fill the vacancy shall be elected to the remainder of the unexpired term.

Selection of Officers
The PPC shall organize itself in the first quarter of each school year and elect a chair and a secretary.

Meetings
The PPC shall develop a calendar of regularly scheduled meetings throughout the year to review the District's personnel policies in order to:

  1. Determine whether additional policies or amendments to existing policies are needed;
  2. Review any policies or changes to policies proposed by the board of directors;
  3. Propose additional policies or amendments to the board of directors; and
  4. Review any proposed distribution of a salary underpayment from previous years.

The PPC shall hold special meetings through the year as necessary to review personnel policy proposals from the Board.

A majority of the members of the PPC shall constitute a quorum for conducting business. The adoption of any motion shall require an affirmative vote by a majority of the members of the PPC.

The personnel policy review process shall be in accordance with Policy 1.9.

Members of the PPC are not entitled to and shall not receive additional pay for their service on the PPC or for attendance at PPC meetings.

Recording of Meetings
All PPC meetings shall be audio recorded. The recording may be paused in order to protect confidential employee or student information. The PPC chair shall announce for the recording the reason the PPC is pausing the recording prior to pausing the recording.

Information Posted to District Website
The following information shall be posted to the District website:

Cross Reference: 1.9—POLICY FORMULATION

Date Adopted: May 18, 2023
Last Revised: June 12, 2024

3.1—LICENSED PERSONNEL SALARY SCHEDULE

CERTIFIED SALARY SCHEDULE
2025-2026

Minimum Base Salary $50,000
Total Years Experience *Experience increases will be paid after 3 years of total experience. *Example: At the beginning of year 4 of total experience, a teacher will begin to receive the increase. The $500 increase will remain constant through year 7. At year 8, it will increase by $500, so $1000 will be constant through year 11, etc. *The experience increase schedule is on 4-year cycle. This will be added after the teacher has completed the years in the chart. Year Amount 0-3 No additional amount 4-7 $500 8-11 $1000 12-15 $1500 16-19 $2000 20-23 $2500 24-27 $3000 28+ $3500
WFSD Base Salary Formula (before adding extended contract days, stipends, and indices for qualifying positions) Minimum Base + Yrs Exp \= West Fork Teacher Base Salary for 190-Day Contracts
Degree Stipend - this will be included as an additional stipend and is not added to the base salary. Masters $1000 Specialist $2000 Doctorate $3000
Retention Bonus for Years of Service to West Fork School District as a certified employee. *Retention bonus payments will be made in May for the appropriate year the employee has been with the West Fork School District as a certified employee. *Years in other school districts do not apply toward the retention bonus. *Retention bonuses will begin in the 24-25 school year. *Retention bonuses will not be retroactive. Bonus paid in May of year 5, 10, 15, 20, 25, and 30. 5th Yr $500 10th Yr $1200 15th Yr $2000 20th Yr $2800 25th Yr $3600 30th Yr* $4500 *The $4500 payment will be paid for every 5th year after 30 (35, 40, 45, etc)
WFSD Base Salary Formula (before adding extended contract days, stipends, and indices for qualifying positions) Minimum Base + Yrs Exp \= West Fork Teacher Base Salary for 190-Day Contracts
Stipends for Qualifying Positions See the stipend schedule
Responsibility Index for Qualifying Positions See the certified index schedule and listing
Due to the LEARNS Act and the requirement to make new salary schedules, some certified teachers will have a salary overage until they “catch up” in the new salary schedule. Once the certified teachers “catch up” with the salary schedule they will begin earning step increases.
Administrator and District Certified Staff Salary Index
Licensed Base Salary/190 days X Days Contracted X Index \= Salary Index is set by the Superintendent or Designee
Position Contracted Days Index
Assistant Superintendent 240 1.27 - 1.37
High School Principal 240 1.25 - 1.35
Middle School Principal 240 1.20 - 1.30
Elementary Principal 240 1.20 - 1.30
Assistant Principal 230 1.05 - 1.15
Curriculum Director 240 1.15 - 1.25
Director of Technology 240 1.10 - 1.17

Licensed Salary Schedule is a set of matrices that are updated and published each school year that contains the minimum salary licensed employees earn based on number of years of experience, education degrees, computations for extended contracts, and salary supplements for additional duties or responsibilities. The salary schedule is required to reflect the actual pay practices of the district.

For the purposes of the salary schedule, a teacher will have worked a “year” if he/she works at least 160 days.

For the purposes of this policy, a master’s degree or higher is considered “relevant to the employee’s position” if it is related to education, guidance counseling, or the teacher’s content area and has been awarded for successful completion of a program at the master’s level or higher by an institution of higher education accredited under Arkansas statutory requirements applicable at the time the degree was awarded.

Teachers who have earned additional, relevant degrees or sufficient college hours to warrant a salary change are responsible for reporting and supplying a transcript to the district office. The appropriate salary increase will be reflected in the next paycheck provided it is at least two (2) weeks from the time the notice and documentation is delivered. All salary changes will be on a “go forward” basis, and no back pay will be awarded. If a teacher earns an additional degree in December they will earn half of the degree stipend for the current school year and must get transcripts to the district office two weeks prior to the January payroll date.

Arkansas Professional Educator Preparation (ArPEP) Program

Each employee newly hired by the district to teach under the Arkansas Professional Educator Preparation (ArPEP) Program shall initially be placed on the salary schedule in the category of a bachelor’s degree with no experience, unless the ArPEP program employee has previous teaching experience which requires a different placement on the schedule. Upon receiving his/her initial or standard teaching license, the employee shall be moved to the position on the salary schedule that corresponds to the level of education degree earned by the employee which is relevant to the employee’s position. Employee’s degrees which are not relevant to the ArPEP program's position shall not apply when determining his/her placement on the salary schedule. A teacher with a non-traditional provisional license shall be eligible for step increases with each successive year of employment, just as would a teacher possessing a traditional teaching license.

Licensed employee, seeking additional area or areas of licensure

Licensed employees who are working on an alternative licensure plan (ALP) to gain licensure in an additional area are entitled to placement on the salary schedule commensurate with their current license, level of education degree and years of experience. Degrees which are not relevant to the employee’s position shall not apply when determining his/her placement on the salary schedule.

Cross Reference: 1.9—POLICY FORMULATION

Date Adopted:4/23/2024
Last Revised: May 12, 2025
2025-2026
West Fork Public Schools
Miscellaneous Stipend Rate Schedule

All certified and classified staff will be paid according to the appropriate salary schedule. Those with additional responsibilities will be paid additional supplements per the following schedule.

Athletics
Athletic Director $10,000
Head Senior Football $3,120
Head Senior Basketball (per team) $3,120
Head Senior Volleyball $3,120
Head Junior Football $1,785
Head Junior Basketball (per team) $1,785
Head Junior Volleyball $1,785
Head Baseball $1,545
Head Softball $1,545
Head Senior Track (per team) $775
Head Junior Track (per team) $500
Head 7th Grade Football $1,000
Head 7th Grade Basketball (per team) $1,000
Head 7th Grade Volleyball $1,000
Head Senior High Cross Country (per team) $775
Head Junior High Cross Country (per team) $500
Head Golf $350
Senior Cheerleaders $3,120
Junior Cheerleaders $1,785
7th Grade Cheerleaders $1,000
Assistant Senior Football $1,200
Assistant Senior Basketball $1,200
Assistant Senior Volleyball $1,200
Assistant Baseball $670
Assistant Softball $670
Assistant Senior Track (per team) $335
Assistant Senior Cross Country (per team) $335
Assistant Junior Football $750
Assistant Junior Basketball (per team) $750
Assistant Junior Volleyball $750
Assistant Junior Track (per team) $300
Assistant Junior Cross Country (per team) $300
7th Grade Football Assistant $600
7th Grade Basketball Assistant $600
7th Grade Volleyball Assistant $600
Pee Wee Basketball Coordinator $1,520 (Can be split up between coaches)
Pee Wee Football Coordinator $760
Minor Assistant Football $670
Minor Assistant Basketball $670
Esports $335
Performing Arts
Senior High Band Director $3,120
Junior High Band Director $1,785
High School Choir Director $2,000
Junior High Choir Director $1,000
Assistant Senior Band Director $1,200
Assistant Junior Band Director $700
Beginners Band $560
Flag Team $500
School Services
District FACE Coordinator $1,200 (can be split)
District Wellness Coordinator $750
District Testing Coordinator $1,500
District Homeless Liaison $1,500
District Equity Coordinator $750
District Student Services Coordinator $750
Federal Programs Coordinator $2,000
Bright Futures Coordinator $335
Building FACE Coordinator $1,200
School Level Improvement Plan Leader(s) $1,000 per building (can be split)
Registered Behavior Technician $1,500
District 504 Coordinator $1,000
Curriculum and Instruction
District ESL Coordinator $1,250
Speech Therapist $1,500
District Dyslexia Coordinator $1,250
Project Lead the Way Coordinator $1,000
Student Services
ALE Facilitator $1,500
Yearbook $700
Senior Class Sponsor (1 position) $400
Junior Class Sponsor (1 position) $400
High School National Honor Society Sponsor $400
High School Student Council $530
Middle School Student Council $530
FBLA $335
FCCLA $335
FFA $335
Junior Bank Board $335
SkillsUSA $335
Spanish Club $335
AR Model UN $335
Drama Club $335
Miscellaneous
Gatekeeper for Events $12.00 per hour
After-school Program $20 per hour
Additional morning or afternoon monitoring Per diem
Tutoring/Homebound Per diem
Bus Training $12.00 per hour
Seamless Summer Lunch Program Per diem
Bus Drivers keeping the bus at their house $1.50 per day
Shoe allowance for cafeteria staff $25.00
Summer School teacher $25.00 per hour
Summer School nurse $20.00 per hour
Summer School bus driver $50.00 per day
Concession Stand Director $3,000 for the year paid in two separate payments $1500 in December $1500 in April
Substitute Nurse $140.00 per day

Pre-K Director/Lead Teacher Salary

180 Day Contract

Years Experience Step HS Diploma/GED Associates Salary Bachelors Salary Masters Salary
0 1 23,040 29,760 34,560 41,280
1 2 24,000 30,720 35,520 42,240
2 3 24,960 31,680 36,480 43,200
3 4 25,920 32,640 37,440 44,160
4 5 26,880 33,600 38,400 45,120
5 6 27,840 34,560 39,360 46,080
6 7 28,800 35,520 40,320 47,040
7 8 29,760 36,480 41,280 48,000
8 9 30,720 37,440 42,240 48,960
9 10 31,680 38,400 43,200 49,920
10 11 32,640 39,360 44,160 50,880
11 12 33,600 40,320 45,120 51,840
12 13 34,560 41,280 46,080 52,800
13 14 35,520 42,240 47,040 53,760
14 15 36,480 43,200 48,000 54,720
15 16 37,440 44,160 48,960 55,680
16 17 38,400 45,120 49,920 56,640

2025-26
WEST FORK SCHOOL DISTRICT
FRINGE BENEFITS
Board Approved

The West Fork School District greatly appreciates its employees and their commitment to excellence; therefore, the district is proud to provide the following fringe benefits to its employees.

Part-time employees are eligible for benefits as allowable by law.

3.2WF—LICENSED PERSONNEL EVALUATIONS

Definitions
"Beginning administrator” means a building-level or district-level leader who has not completed three (3) years of experience as a building-level or district-level administrator.

“Building level or district level leader” means an individual employed by the District whose job assignment is that of a building level or district level administrator or an equivalent role, including an administrator licensed by the State Board of Education, an unlicensed administrator, or an individual on an Administrator Licensure Completion Plan. Building level or district level leader does not include the superintendent, deputy superintendents, associate superintendents, and assistant superintendents.

“Novice teacher” is a teacher who has less than three (3) years of public school classroom experience. A Novice teacher includes a teacher of record holding a provisional license.

"Teacher" has the same definition as A.C.A. § 6-17-2803(16).

Teachers
Teachers will be evaluated under the provisions and timelines of the Teacher Excellence and Support System (TESS) to include the provisions within this policy.

The superintendent or designee(s) shall develop procedures to govern the evaluation process and timelines for the evaluations.

All teachers, other than novice teachers, will have a summative evaluation over all domains and components at least once every four (4) years. To establish the initial four-year (4) rotation schedule for, other than novice teachers, to be summatively evaluated, at least one-quarter (1/4) of each school's teachers, other than novice teachers, were selected for evaluation by random draw in a public Personnel Policy Committee meeting. Novice teachers will receive a summative evaluation in their first year as a novice teacher. Based on the novice teacher’s effectiveness in their classroom, it will be left up to the building principal as to whether or not the novice teacher will receive additional summative evaluations for the remainder of their novice period. The year following their novice period, the teacher will be placed into their designated cohort group and assume the four (4) year summative evaluation rotation for the following years.

A teacher transferring from another district with three (3) or more years of classroom experience will receive a summative evaluation their first year in the district and will then be placed into their designated cohort group and assume the four (4) year summative evaluation rotation for following years.

The table below shows the TESS Cohort Groupings.

2022-2023 SY 2023-2024 SY 2024-2025 SY 2025-2026 SY 2026-27 SY
Cohort 1 Summative Formative –Yr. 1 Formative –Yr. 2 Formative -Yr. 3 Summative
Cohort 2 Formative –Yr. 3 Summative Formative –Yr. 1 Formative –Yr. 2 Formative –Yr. 3
Cohort 3 Formative –Yr. 2 Formative –Yr. 3 Summative Formative –Yr. 1 Formative –Yr. 2

TESS Groupings By Building

Elementary School
Cohort 1: Kindergarten, 2nd Grade, and Special Education
Cohort 2: 1st Grade, 3rd Grade, and Certified Interventionists
Cohort 3: 4th Grade, Encore, GT, and Counseling

Middle School
Cohort 1: 7th Grade, 8th Grade, and Library Media
Cohort 2: 5th Grade, 6th Grade, and certified interventionists
Cohort 3: PE, Art, Counseling, Special Education, and CTE

High School
Cohort 1: English Language Arts & Inclusion Teacher, Foreign Language, Social Studies, and
Library Media
Cohort 2: CTE, PE, Health, Coaching, Music, and Self Contained Special Education
Cohort 3: Mathematics & Inclusion Teacher, Science, and Counseling

General Procedures

Formal Observation (Announced) Indirect Observation (Unannounced)
One full class period – 45 minutes minimum Will vary in length
Script to collect evidence on Domains 2 & 3 Teachers provide evidence of Domains 1 & 4 Script to collect evidence on Domains 2 & 3 that focus on targeted areas of PGP’s or Use an electronic feedback form to collect evidence and provide feedback.
Must have pre-and post-conference Post-conference (face-to-face or feedback provided electronically)
Rate components Feedback in writing within 5 working days of post-conference Update notes Provide copies to the teacher
Summative Year - at least 1 covering all components Formative Years – 1, 2, and 3 – no formal observation Novice Teachers - will have one (1) summative each semester during their first year with the school district covering all components.. If novice teachers are “effective” or “highly effective” they will not be required to receive additional summative evaluations for the remainder of their novice period. This decision will be left up to the building principal. Transfer Teachers with three (3) or more years of classroom experience - at least one (1) covering all components in their first semester. Based on the transfer teacher’s effectiveness on the summative in it will be left up to the building principal as to whether or not the transfer novice teacher will an additional summative evaluation in the second semester. It is the responsibility of the principal or designee to continuously support the teacher on an ongoing basis through the formative years. There is no set amount of indirect observations.

All teachers shall annually develop a Professional Growth Plan (PGP) annually that identifies professional growth outcomes to advance the teacher's professional skills and clearly links personalized, competency-based professional learning opportunities to the professional growth outcomes. The teacher's evaluator must approve the teacher’s PGP. If there is a disagreement between a teacher and the teacher’s evaluator concerning the PGP, the decision of the evaluator shall be final.

Following a summative evaluation, the teacher shall receive an overall performance rating that is derived from:

  1. A written evaluation of the teacher’s performance on all evaluation domains as a whole;
  2. The evaluation framework and evaluation rubric appropriate to the teacher’s role;
  3. More than one type of evidence of the teacher’s professional practice including, but not limited to:
    a. Direct observation;
    b. Indirect observation;
    c. Artifacts;
    d. Data; and
  4. Presentations of evidence chosen by the teacher, the evaluator, or both.

The Summative Evaluation shall provide an opportunity for the evaluator and the teacher to discuss the review of the evidence used in the evaluation and provide feedback that the teacher can use to improve his/her teaching skills and student learning.

While teachers are only required to be summatively evaluated once every four (4) years, the teacher's evaluator may conduct a summative evaluation in any year.

A teacher shall continue to demonstrate a commitment to student learning in formative years by furthering the teacher’s professional growth and development as guided by the teacher’s PGP. The teacher’s evaluator, or one or more individuals selected by the evaluator, shall support the teacher on an ongoing basis throughout the formative years by:

An overall performance rating is not required in a formative year, but all teachers will get a rating so that they will be eligible for merit pay if eligible according to DESE rules.

Building Level or District Level Evaluations
Building-level or district-level leaders will be evaluated under the schedule and provisions required by the Leader Excellence and Development System (LEADS).

The superintendent or designee(s) shall develop procedures to govern the evaluation process and timelines for the evaluations.

Building-level or district-level leaders, except for beginning administrators, shall have a summative evaluation at least once every four (4) years. To establish the initial four-year rotation schedule for building-level or district-level leaders, except for beginning administrators, to be summatively evaluated, at least one-quarter (1/4) of each school's building-level or district-level leaders were selected for evaluation by volunteering for a position in the rotation. Beginning administrators shall have a summative evaluation in their first year as a beginning administrator. Based on the beginning administrator’s effectiveness as an instructional leader in their building, it will be left up to the Evaluator as to whether or not the beginning administrator will receive additional summative evaluations for the remainder of their novice period. The year following their novice period, the beginning administrator will be placed into his/her designated cohort group and assume the four (4) year summative evaluation rotation for the following years.

A building level or district level administrator transferring from another district with three (3) or more years of building level or district level experience will receive a summative evaluation their first year in the district and will then be placed into their designated cohort group and assume the four (4) year summative evaluation rotation for following years.

The table below shows the LEADS Cohort Groupings.

2022-23 2023-2024 SY 2024-2025 SY 2025-2026 SY 2026-27 SY
Assistant Superintendent Summative Formative - Yr. 1 Formative - Yr. 2
Elementary School Principal Formative - Yr. 3 Summative Formative -Yr. 1 Formative –Yr. 2 Formative - Yr. 3
High School Principal Formative –Yr. 3 Summative Formative –Yr. 1 Formative –Yr. 2 Formative –Yr. 3
Middle School Principal Formative –Yr. 2 Formative– Yr. 3 Summative Formative - Yr. 1 Formative –Yr. 2
Curriculum Administrator Formative - Yr. 2 Formative– Yr. 3 Summative Formative - Yr. 1 Formative –Yr. 2
MS/ES Ass’t Principal* Formative - Yr. 1 Formative - Yr. 2 Formative - Yr. 3 Summative Formative - Yr. 1
MS/HS Ass’t. Principal* Summative Formative - Yr. 1 Formative - Yr. 2 Formative - Yr. 3 Summative

* (Assistant Principals will be evaluated by a Building Principal)

A building-level or district-level leader shall complete a PGP based on the standards and functions determined during the initial summative evaluation meeting with the superintendent or designee. If there is a disagreement between a building-level or district-level leader and the leader’s evaluator concerning the PGP, the decision of the evaluator shall be final.

The building-level or district-level leader shall annually revise his/her PGP and associated documents required under LEADS. In a non-summative evaluation year, his /her job performance will be measured on how well the PGP's goals have been met.

The Superintendent or designee shall use the evaluation framework and rubric that is appropriate to the role and responsibilities of the building-level or district-level leader when conducting the building-level or district-level leader’s summative evaluation. The building-level or district-level leader’s summative evaluation shall result in a written overall performance rating that is based on multiple sources of evidence of the building-level or district-level leader’s professional practice, which may include:

  1. Direct observation;
  2. Indirect observation;
  3. Artifacts; and
  4. Data.

When the Superintendent or designee conducts a summative evaluation, he/she will base the building-level or district-level leader's continuing employment recommendation on:

While building-level or district-level leaders are required to be summatively evaluated once every four (4) years, the Superintendent or designee may conduct a summative evaluation in any year.

Cross Reference: 8.2—CLASSIFIED PERSONNEL EVALUATIONS

Date Adopted: May 11, 2009
Last Revised: June 12, 2024

3.3—LICENSED PERSONNEL NAME, TITLE, OR PRONOUN

Unless a District employee has the written permission of the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to the student or the student if the student is an emancipated minor or over eighteen (18) years of age, a District employee shall not address a student with a:

  1. Name other than that listed on the student's birth certificate, except for a derivative of the name; or
  2. Pronoun or title that is inconsistent with the student's biological sex.

A District employee shall not be subject to adverse employment action for declining to address a person using a:

  1. Name other than that listed on the person's birth certificate, except for a derivative of the name; or
  2. Pronoun or title that is inconsistent with the person's biological sex.

Date Adopted: May 18. 2023
Last Revised:

3.4—LICENSED PERSONNEL REDUCTION IN FORCE

SECTION ONE
The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the workforce exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent.

In effecting a RIF, the primary goals of the school district shall be: what is in the best interests of the students; to maintain accreditation in compliance with the Standards for Accreditation of Arkansas Public Schools and/or the North Central Association; and the needs of the district. A RIF will be implemented when the superintendent determines it is advisable to do so and shall be effected through non-renewal, termination, or both.  Any RIF will be conducted by evaluating the needs and long- and short-term goals of the school district and by examining the staffing of the district in each licensure area and/or, if applicable, specific grade levels.

If a RIF becomes necessary in a licensure area or specific grade level(s), the RIF shall be conducted for each licensure area and/or specific grade level on the basis of each employee’s points as determined by the schedule contained in this policy. The teacher with the fewest points will not be recommended for renewal or will be terminated first. There is no right or implied right for any teacher to “bump” or displace any other teacher except when permitted by policy 8.30. It is each teacher’s individual responsibility to ensure their point totals are current in District files.

Points

When the District is conducting a RIF, all potentially affected teachers shall receive a listing of licensed personnel with corresponding point totals. Upon receipt of the list, each teacher has ten (10) working days within which to appeal their assignment of points to the superintendent whose decision shall be final. Except for changes made pursuant to the appeals process, no changes will be made to the list that would affect a teacher’s point total after the list is released.

A teacher with full licensure in a position shall prevail over a teacher with greater points but who is lacking full licensure in that subject area. “Full licensure” means an initial, or standard, non-contingent license to teach in a subject area or grade level, in contrast with a license that is provisional; temporary; conditional on the fulfillment of additional coursework or passing exams or any other requirement of the Division of Elementary and Secondary Education, other than the attainment of annual professional development training or teaching under a waiver from licensure.  

 In the event of a tie between two (2) or more employees, the employee(s) shall be retained based on the following:

  1. An employee with a summative rating of “highly effective” shall be retained over an employee with a summative rating of only “effective”.
  2. If both employees have the same summative rating, the employee whose name appears first in the Board minutes to be hired shall be retained.

Pursuant to any RIF brought about by consolidation or annexation and as a part of it, the salaries of all teachers will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule. Further adjustments will be made if the length of the contract or job assignments changes. A Partial RIF may also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to annexation or consolidation.

There shall be no right of recall for any teacher.

SECTION TWO

The employees of any school district which annexes to, or consolidates with, the West Fork School District will be subject to dismissal or retention at the discretion of the school board, on the recommendation of the superintendent, solely on the basis of need for such employees on the part of the West Fork School District, if any, at the time of the annexation or consolidation, or within ninety (90) days after the effective date of the annexation or consolidation. The need for any employee of the annexed or consolidated school district shall be determined solely by the superintendent and school board of the West Fork School District.

Such employees will not be considered as having any seniority within the West Fork School District and may not claim an entitlement under a RIF to any position held by a West Fork School District employee prior to, or at the time of, or prior to the expiration of ninety (90) days after the consolidation or annexation, if the notification provision below is undertaken by the superintendent.

The superintendent shall mail, email, or have hand-delivered the notification to such employee of the superintendent’s intention to recommend the employee not be renewed or be terminated pursuant to a RIF within ninety (90) days of the effective date of the annexation or consolidation in order to effect the provisions of this section of the West Fork School District’s RIF policy. Any employees who were not renewed or were terminated pursuant to Section Two are not subject to recall. Any such employees shall be paid at the rate for each person on the appropriate level on the salary schedule of the annexed or consolidated district during those ninety (90) days and/or through the completion of the RIF process.

This subsection of the RIF policy shall not be interpreted to provide that the superintendent must wait ninety (90) days from the effective date of the annexation or consolidation in order to issue a notification of the superintendent’s intention to recommend dismissal through RIF, but merely that the superintendent has that period of time in which to issue a notification so as to be able to invoke the provisions of this section.

The intention of this section is to ensure that those West Fork School District employees who are employed prior to the annexation or consolidation shall not be displaced by employees of the annexed or consolidated district by application of the RIF policy.

Date Adopted: May 11, 2009
Last Revised: May 18, 2023

3.5—LICENSED PERSONNEL CONTRACT — RETURN

An employee shall have thirty (30) days from the date of the receipt of the employee’s contract for the following school year in which to return the contract, signed, to the office of the Superintendent. The date of receipt of the contract shall be presumed to be the date of a cover memo which will be attached to the contract.

Failure of an employee to return the signed contract to the office of the Superintendent within thirty (30) days of the receipt of the contract shall operate as a rejection of the offer of employment by the employee. No further action on the part of the employee, the Superintendent, or the School Board shall be required in order to make the employee’s rejection of the offer of employment final.

An employee may unilaterally rescind a signed employment contract for the subsequent school year if the employee submits a signed written notification to the superintendent, or the superintendent’s designee, of the employee’s intent to rescind the contract for the subsequent school year by the end of business on:2
· May 15; or
· The Friday before May 15 if May 15 falls on a weekend.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.6—LICENSED PERSONNEL EMPLOYEE TRAINING

Definitions

“Flexible PD hours (flex hours)” means PD hours that an employee is allowed to substitute as PD activities, different than those offered by the District, but are still aligned to the employee’s professional growth plan (PGP), the employee’s school’s school-level improvement plan (SLIP), or the District’s professional development plan (PDP).

“Immediate family member” means the same as in Policy 3.8—LICENSED PERSONNEL SICK LEAVE.

“Professional development (PD)” means a set of coordinated, planned learning activities for District employees who are required to hold a current license issued by the State Board of Education as a condition of employment that:

As part of the District’s District Strategic Plan (SDSP), the District shall develop and implement a PDP for its licensed employees. The District’s PDP shall, in part, align District resources to address the PD activities identified in each school’s SLIP and incorporate the licensed employee's PGP. The PDP shall describe how the District’s categorical funds will be used to address deficiencies in student performance and any identified academic achievement gaps between groups of students. At the end of each school year, the District shall evaluate the PD activities’ effectiveness at improving student performance and closing achievement gaps.

The goal of all PD activities shall be improved knowledge and skills to facilitate individual, team, school-wide, and District-wide improvement designed to ensure that all students demonstrate proficiency on the state’s academic standards. The PDP shall be research-based and standards-based and in alignment with applicable DESE Rules and/or Arkansas code.

Teachers, administrators, and paraprofessionals shall be involved in the design, implementation, and evaluation of the plan for their own PD offerings. The results of the evaluation made by the participants in each program shall be used to continuously improve PD offerings and to revise the PDP.

Each licensed employee shall receive a minimum of thirty-six (36) hours of PD annually to be fulfilled between July 1 and June 30. A licensed employee may be required to receive more PD than the minimum when necessary to complete the licensed employee’s PGP, but not to exceed sixty (60) total hours of PD. All licensed employees are required to obtain thirty-six (36) hours of approved PD each year over a five-year period as part of their licensure renewal requirements. PD hours earned in excess of each licensed employee's required number of hours in the designated year cannot be carried over to the next year.

All employees shall attend all local PD training sessions as directed by the employee’s supervisor. The District shall determine on an annual basis how many, if any, flex hours of PD it will allow to be substituted for District scheduled PD offerings. The determination may be made at an individual building, a grade, or by subject basis. The District administration and the building principal have the authority to require attendance at specific PD activities. Employees must receive advance approval from the building principal for activities they wish to have qualify for flex PD hours. To the fullest extent possible, PD activities are to be scheduled and attended such that teachers do not miss their regular teaching assignments. Six (6) approved flex hours credited toward fulfilling the licensed employee's required hours shall equal one (1) contract day. Hours of PD earned by an employee that are in excess of the employee's required hours but are either not at the request of the District or not pre-approved by the building principal, shall not be credited toward fulfilling the required number of contract days for that employee. Hours earned that count toward the licensed employee's required hours also count toward the required number of contract days for that employee. Employees shall be paid their daily rate of pay for PD hours earned at the request of the District that necessitate the employee work more than the number of days required by their contract.

Approved PD activities that occur during the instructional day or outside the licensed employee's annual contract days may apply toward the annual minimum PD requirement.

Teachers and administrators who, for any reason, miss part or all of any scheduled PD activity they were required to attend, must make up the required hours in comparable activities, which are to be pre-approved by the employee's appropriate supervisor. The PD to be made up may be obtained by any method, online or otherwise, approved by DESE. Licensed employees who are prevented from obtaining the required PD hours due to their illness or the illness of an immediate family member have until the end of the following school year to make up the deficient hours. This time extension does not absolve the employee from also obtaining the following year’s required hours of PD.

To receive credit for a PD activity, each employee is responsible for obtaining and submitting documents of attendance, or completion for each PD activity the employee attends. Documentation is to be submitted to the building principal or the building principal’s designee. The District shall maintain all documents submitted by its employees that reflect completion of PD programs, whether such programs were provided by the District or an outside organization.

Employees who do not receive or furnish documentation of the required annual PD jeopardize the accreditation of their school and academic achievement of their students. Failure of an employee to receive required annual hours of PD in any given year, unless due to illness as permitted by law, DESE Rule, and this policy, shall be grounds for discipline, up to and including termination.

Teachers’ PD shall meet the requirements prescribed under the Teacher Excellence and Support System (TESS).

All District teachers that are in their first year of employment as a teacher shall receive the following PD to the extent the PD was not received as part of the teacher’s licensure program:

  1. Two (2) hours of PD on:
  2. Child maltreatment and mandated reporters;
  3. Parent, family, and community engagement;
  4. Mental health awareness and teen suicide awareness and prevention;
  5. For educators providing instruction in Arkansas history , Arkansas history; and
  6. Bullying prevention that includes a Recognition of the relationship between incidents of bullying and the risk of suicide;

2. Thirty (30) minutes of professional development in human trafficking prevention; and
3. Dyslexia professional awareness.

The District shall provide PD for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction for teachers in:
• Kindergarten through sixth grade (K-6) who are teaching:
o Math;
o Science;
o Social studies; and
o English language arts; and
• Kindergarten through twelfth grade (K-12) who are:
o In special education resource teaching English language arts; and
o reading specialists.
The District shall provide PD for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices of scientific reading instruction for all other teachers.
A teacher shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential Either:

  1. As a condition of licensure; or
  2. Within one (1) year if the teacher is:
  3. Already licensed with an awareness credential and is moving to a position that requires a proficiency credential; or
  4. Employed under an individual licensure plan.

A teacher who fails to demonstrate proficiency within the time provided may be afforded an opportunity to demonstrate proficiency by being placed in intensive support status. The District Shall document each teacher that has not demonstrated either proficiency or awareness as part of the District’s PD reporting.

Teachers may be required to receive additional PD designed to enhance their understanding of effective parent, family, and community engagement strategies in accordance with the teacher’s PGP. Administrators may be required to receive additional PD designed to enhance their understanding of effective parent, family, and community engagement strategies and the importance of administrative leadership in setting expectations and creating a climate conducive to parent, family, and community participation in accordance with the administrator’s PGP.

Beginning in the 2023-24 school-year and every fifth year thereafter, all licensed personnel shall receive two (2) hours of PD in mental health awareness and teen suicide awareness and prevention, which may be obtained by self-review of suitable mental health awareness and suicide prevention materials approved by DESE.

Beginning in the 2024-25 school-year and every fifth year thereafter, all licensed personnel shall receive two (2) hours of training related to bullying prevention and recognition of the relationship between incidents of bullying and the risk of suicide.

Beginning in the 2025-26 school-year and every fifth year thereafter, all District personnel shall receive two (2) hours of PD related to child maltreatment required under A.C.A. § 6-61-133.

By the beginning of the 2024-25 school year and every fourth year thereafter, a school counselor shall receive Youth Mental Health training to learn the risk factors and warning signs of mental health issues in adolescents; the importance of early intervention; and how to help an adolescent who is in crisis or expecting a mental health challenge.

In addition to the mental health training otherwise required by this policy, all district employees shall receive mental health awareness training.

Anticipated rescuers shall receive training in cardiopulmonary resuscitation and the use of automated external defibrillators as required by DESE Rule and the District’s Cardiac Emergency Response Plan. Such training shall count toward the required annual hours of PD.

Starting in the 2024-2025 school year and every two (2) years thereafter, principals, guidance counselors, teachers, and other relevant school personnel with direct contact and supervision of students shall receive seventy-five (75) minutes of training, in person or online, on the recognition of signs and symptoms of seizures and the appropriate steps for seizure first aid that is consistent with training programs and guidelines developed by the Epilepsy Foundation of America. In addition, at least two (2) employees at each school shall receive training that is consistent with training programs and guidelines developed by the Epilepsy Foundation of America to:

  1. Administer or assist with the self-administration of:

2. Recognize the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.

At least once every three (3) years, persons employed as athletic coaches; licensed teacher coach; or competitive or noncompetitive spirit coaches shall receive training related to the recognition and management of concussions, dehydration, or other health emergencies; students’ health and safety issues related to environmental issues; communicable diseases; and sudden cardiac arrest. The training may include a component on best practices for a coach to educate parents of students involved in athletics on sports safety. Athletics coaches, licensed teacher coaches; or competitive or noncompetitive spirit coaches shall maintain a Basic Life Support certification in cardiopulmonary resuscitation and automated external defibrillation.

For each administrator, the thirty six (36) hour PD requirement shall include training in data disaggregation, instructional leadership, and fiscal management. This training may include the Initial, Tier 1, and Tier 2 training required for Superintendents and other designees by DESE’s Rules Governing the Arkansas Financial Accounting and Reporting System and Annual Training Requirements.

Building level administrators shall complete the credentialing assessment for the teacher evaluation PD program prior to conducting any summative teacher evaluations.

Teachers required by the superintendent, building principal, or their designee to take approved training related to teaching an accelerated learning class shall receive up to thirty (30) hours of credit toward the hours of PD required annually.

Licensed personnel may earn up to twelve (12) hours of PD for time they are required to spend in their instructional classroom, office or media center prior to the first day of student/teacher interaction provided the time is spent in accordance with state law and current DESE rules that deal with PD. Licensed personnel who meet the requirements of this paragraph, the associated statute, and DESE Rules shall be entitled to one (1) hour of PD for each hour of approved preparation.

The District shall make available annually to licensed personnel at least thirty (30) minutes of professional development on recognizing the warning signs that a child is a victim of human trafficking and reporting a suspicion that a child is a victim of human trafficking.

In addition to other required PD, personnel of Alternative Learning Environments shall receive PD on classroom management and on the specific needs and characteristics of students in alternative education environments.

District administrators as well as licensed personnel selected by the superintendent or building principal shall receive training on the appropriate use of restraint and seclusion in accordance with DESE’s Advisory Guidelines for the Use of Student Restraints in Public School or Educational Settings and is in compliance with the requirements of A.C.A. § 6-18-2409. The names of District staff who have received certified training on the use of physical restraint shall be provided to all District staff at least annually.

As part of the District’s implementation of the District’s multi-tiered behavioral intervention procedures, District administrators as well as building personnel selected by the superintendent or building principal shall receive training in the use of the District’s multi-tiered behavioral intervention procedures to be employed by school personnel to prevent, defuse, evaluate, and debrief a crisis and conflict situation.

Employees who are members of the District’s behavioral threat assessment team shall receive basic and advanced behavioral threat assessment training through the Arkansas Center for School Safety of the Criminal Justice Institute or another organization or entity approved by the state board.

The District shall not require a school employee to complete or participate in implicit bias training, which is defined as a training or educational program designed to expose an individual to biases that the training's or educational program's developer or designer presumes the individual to unconsciously or unintentionally possess that predispose the individual to be unfairly prejudiced in favor of or against a thing, person, or group to adjust the individual's pattern of thinking in order to eliminate the individual's unconscious or unintentional bias or prejudice. A District employee may leave a training that the employee is attending if the employee determines that the training addresses implicit biases. The District shall not take adverse employment action against an employee for the employee's failure or refusal to complete or participate in implicit bias training.

The District shall provide ongoing professional development on the effective and ethical use of artificial intelligence (AI) tools that shall include:

The following PD shall count toward a licensed employee's required PD hours to the extent the District's PDP or the employee’s school’s SLIP includes such training, is approved for flex hours, or is part of the employee's PGP and it provides the employee with knowledge and skills for teaching:

Approved PD activities may include:

Programs administered by DESE, an education service cooperative, district, or school;

PD activities shall relate to the following areas:

Additional activities eligible for PD credit, as included in the District’s PDP, employee’s school’s SLIP, and licensed employee's PGP, include:

Cross References: 3.8—LICENSED PERSONNEL SICK LEAVE
3.50—ADMINISTRATOR EVALUATOR CERTIFICATION
3.58—LICENSED PERSONNEL USE OF ARTIFICIAL INTELLEGENCE
4.37—EMERGENCY DRILLS
4.60—STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT
5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.7—LICENSED PERSONNEL BUS DRIVER DRUG TESTING

Definitions
“Clearinghouse” means the Federal Motor Carrier Safety Administration Commercial Driver's License Drug and Alcohol Clearinghouse.

“Database” means the Commercial Driver Alcohol and Drug Testing Database of the Office of Driver Services of the Arkansas Department of Finance and Administration.

“Safety-sensitive function” includes:

  1. All time spent inspecting, servicing, and/or preparing the vehicle;
  2. All time spent driving the vehicle;
  3. All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and
  4. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

“School Bus” is a motorized vehicle that meets the following requirements:

  1. Is designed to carry more than ten (10) passengers;
  2. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
  3. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

Scope of Policy
Each person hired for a position that allows or requires the employee to operate a school bus shall meet the following requirements:

  1. The employee shall possess a current driver’s license authorizing the individual to operate the size school bus the individual is being hired to drive;
  2. Have undergone a physical examination, which shall include a drug test, by a licensed physician, advanced practice nurse, or physician’s assistant within the past two years; and
  3. Current valid certification of school bus driver in-service training.

Each person’s initial employment for a job entailing a safety-sensitive function is conditioned upon:

All employees who perform safety-sensitive functions shall annually submit a written authorization for the District to conduct a limited query of the employee’s information from the Clearinghouse. The District shall perform a limited query of all employees who perform safety-sensitive functions at least once each school year. If the District’s limited query of the Clearinghouse shows that information exists in the Clearinghouse that may prohibit the employee from performing safety-sensitive functions, the District shall conduct a full query of the Clearinghouse on the employee within twenty-four (24) hours of conducting the limited query. If the District is unable to conduct a full query within twenty-four (24) hours due to the twenty-four (24) hours falling on a weekend, holiday, or other days the District is closed or due to the failure of the employee to authorize the District to receive information resulting from the full query of the Clearinghouse, the employee shall not be permitted to perform any safety-sensitive function until the District conducts the full query and the results confirm that the employee’s Clearinghouse record contains no prohibitions on the employee performing safety-sensitive functions.

Methods of Testing
The collection, testing methods, and standards shall be determined by the agency or other medical organizations chosen by the School Board to conduct the collection and testing of samples. The drug and alcohol testing is to be conducted by a laboratory certified pursuant to the most recent guidelines issued by the United States Department of Health and Human Services for such facilities. (“Mandatory Guidelines for Federal Workplace Drug Testing Programs”)

Requirements
Employees shall be drug and alcohol-free from the time the employee is required to be ready to work until the employee is relieved from the responsibility for performing work and/or any time they are performing a safety-sensitive function. In addition to the testing required as an initial condition of employment, employees shall submit to subsequent drug and alcohol tests as required by law and/or regulation. Subsequent testing includes, and/or is triggered by, but is not limited to:

  1. Random tests;
  2. Testing in conjunction with an accident;
  3. Receiving a citation for a moving traffic violation; and
  4. Reasonable suspicion.

Prohibitions

  1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater;
  2. No driver shall use alcohol while performing safety-sensitive functions;
  3. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;
  4. No driver required to take a post-accident alcohol test under # 2 above shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;
  5. No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1, 2, and/or 4 above;
  6. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when used pursuant to the instructions of a licensed medical practitioner, who, with knowledge of the driver’s job responsibilities, has advised the driver that the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;
  7. No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances.

Violation of any of these prohibitions may lead to disciplinary action being taken against the employee, up to and including termination.

Testing for Cause
Drivers involved in an accident in which there is a loss of another person’s life shall be tested for alcohol and controlled substances as soon as practicable following the accident. Drivers shall also be tested for alcohol within eight (8) hours and for controlled substances within thirty-two (32) hours following an accident for which they receive a citation for a moving traffic violation if the accident involved:
1. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
2. One or more motor vehicles incurs disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Refusal to Submit
Refusal to submit to an alcohol or controlled substance test means that the driver

School bus drivers should be aware that refusal to submit to a drug or alcohol test when the test is requested based on a reasonable suspicion can constitute grounds for criminal prosecution.

Consequences for Violations
Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the respective tests shall no longer be allowed to perform safety-sensitive functions. Actions regarding their continued employment shall be taken in relation to their inability to perform these functions and could include termination or non-renewal of their contract of employment.

Drivers who exhibit signs of violating the prohibitions of this policy relating to alcohol or controlled substances shall not be allowed to perform or continue to perform safety-sensitive functions if they exhibit those signs during, just preceding, or just after the period of the workday that the driver is required to be in compliance with the provisions of this policy. This action shall be based on specific, contemporaneous, articulable observations concerning the behavior, speech, or body odors of the driver. The Superintendent or his/her designee shall require the driver to submit to “reasonable suspicion” tests for alcohol and controlled substances. The direction to submit to such tests must be made just before, just after, or during the time the driver is performing safety-sensitive functions. If circumstances prohibit the testing of the driver the Superintendent or his/her designee shall remove the driver from reporting for, or remaining on, duty for a minimum of twenty-four (24) hours from the time the observation was made triggering the driver’s removal from duty.

If the results for an alcohol test administered to a driver are equal to or greater than 0.02 but less than 0.04, the driver shall be prohibited from performing safety-sensitive functions for a period not less than twenty-four (24) hours from the time the test was administered. Unless the loss of duty time triggers other employment consequence policies, no further action against the driver is authorized by this policy for test results showing an alcohol concentration of less than 0.04.

Reporting Requirements
The District shall report the following information about an employee who performs safety-sensitive functions to the Clearinghouse by the close of the third (3rd) business day following the date the District obtained the information:

  1. An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
  2. A negative return-to-duty test result;
  3. A refusal to take an alcohol test;
  4. A refusal to test determination; however, if the refusal to test determination is based on the employee’s admission of adulteration or substitution of the specimen, the District shall only report the admissions made to the specimen collector; and
  5. A report that the driver has successfully completed all follow-up tests as prescribed in the Substance Abuse Professional report.

The District shall report the following violations for an employee who performs safety-sensitive functions by the close of the third (3rd) business day following the date the District obtains actual knowledge of:

  1. On-duty alcohol use;
  2. Pre-duty alcohol use;
  3. Alcohol use following an accident; and
  4. Controlled substance use.

Date Adopted: May 11, 2009
Last Revised: June 14, 2021

3.8WF—LICENSED PERSONNEL SICK LEAVE

Definitions
1. “Employee” is a full-time employee of the District.

  1. “Sick Leave” is absence from work due to illness, whether by the employee or a member of the employee’s immediate family or due to a death in the family. The principal shall determine whether sick leave will be approved on the basis of a death outside the immediate family of the employee.

  2. “Current Sick Leave” means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per contracted month, or major part thereof. The number of sick days allowed will be as follows:
    190-209 contract days - 10 sick leave days
    210-230 contract days - 11 sick leave days
    Over 230 contract days - 12 sick leave days

  3. “Accumulated Sick Leave” is the total of unused sick leave, up to a maximum of ninety (90) days accrued from the previous contract, but not used. Accumulated sick leave also includes the sick leave transferred from an employee’s previous public school employment.

  4. “Immediate family” means an employee’s spouse, child, parent, mother- and father-in-law, sibling, grandparent, grandchild or any other relative provided the other relative lives in the same household as the employee. The principal has the discretion to approve sick leave for an employee for a person not considered immediate family.

Sick Leave
The principal has the discretion to approve sick leave for an employee to attend the funeral of a person who is not related to the employee, under circumstances deemed appropriate by the principal.

Employees who are adopting or seeking to adopt a minor child or minor children may use accumulated sick leave, personal leave, or vacation days under the provisions of FMLA in any school year for absences relating to the adoption, including the time needed for travel, the time needed for home visits, the time needed for document translation, submission or preparation, time spent with legal or adoption agency representatives, time spent in court and bonding time. See also, 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE, which also applies. Except for bonding time, documentation shall be provided by the employee upon request.

Pay for sick leave shall be at the employee’s daily rate of pay, which is that employee’s total contracted salary, divided by the number of days employed as reflected in the contract. Absences for illness in excess of the employee’s accumulated and current sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above.

At the discretion of the Superintendent, and, if FMLA is applicable, subject to the certification or recertification provisions contained in policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE, the District may require a written statement from the employee’s physician documenting the employee’s illness. Failure to provide such documentation of illness may result in sick leave not being paid, or in discipline up to and including termination.

Whenever a school employee employed by a school district in this state shall leave the school district and accept employment in another school district, the employee shall be granted credit by the new school district for up to ninety (90) days of unused sick leave accumulated by the employee in the former district.

The accumulated and unused sick leave shall be credited to the employee by the district upon receipt of written proof from the school district in which the employee was formerly employed.

An employee shall be credited with one (1) day of sick leave in the event the employee used one (1) day of sick leave on a mandatory professional development (PD) day so long as the employee makes up the missed mandatory PD day on a noncontract day. Costs and expenses associated with the make-up PD shall be the responsibility of the employee unless agreed to in writing by the superintendent or the superintendent’s designee for the expenses to be covered by the District.

Should a teacher be absent frequently during a school year, and said absences are not subject to FMLA leave, and if such a pattern of absences continues, or is reasonably expected to continue, the Superintendent may relieve the teacher of teacher’s assignment (with Board approval) and assign the teacher substitute duty at the teacher’s daily rate of pay. Should the teacher fail, or otherwise be unable, to report for substitute duty when called, the teacher will be charged a day of sick leave, if available or if unavailable, the teacher will lose a day’s wages at the teacher’s daily rate of pay.

Temporary reassignment may also be offered or required in certain circumstances as provided in 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE.

If the employee’s absences are not subject to the FMLA or are in excess of what is protected under the FMLA, excessive absenteeism, to the extent that the employee is not carrying out the employee’s assigned duties to an extent that the education of students is substantially adversely affected (at the determination of the principal or Superintendent) may result in termination.

Sick Leave and Family Medical Leave Act (FMLA) Leave
When an employee takes sick leave, the District shall determine if the employee is eligible for FMLA leave and if the leave qualifies for FMLA leave. The District may request additional information from the employee to help make the applicability determination. If the employee is eligible for FMLA leave and if the leave qualifies under the FMLA, the District will notify the employee in writing of the decision within five (5) workdays. If the circumstances for the leave as defined in policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL 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 leave within any applicable twelve (12) month period. To the extent the employee has accumulated sick leave, any sick leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave including, once an employee exhausts his/her accumulated sick leave, vacation or personal leave. See 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE.

Reimbursement of Unused Sick Leave
A payment equal to the existing base substitute teacher pay per day for all sick days accumulated above 90 will be payable at the end of the school year as compensation for licensed personnel.

Sick Leave and Outside Employment
Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 3.44, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA, shall be subject to discipline up to and including termination.

Retirement From West Fork School District

A payment equal to the existing base substitute teacher pay for all unused sick leave will be paid upon an employee’s retirement. The last five years of employment must have been continuous in the district. “Retirement” as defined for this purpose shall conform to the definition provided by the Arkansas Teacher Retirement System and the Arkansas Public Employees Retirement System.

Cross References: 3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT
3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE
3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND
WORKERS’ COMPENSATION

Date Adopted: May 11, 2009
Last Revised: June 12, 2024

3.9WF—LICENSED PERSONNEL SICK LEAVE BANK

One month after the beginning of each school year, licensed personnel may voluntarily contribute one day of their sick leave allowance to a sick leave bank. Each teacher or administrator wishing to make a contribution to the bank shall do so on a sick leave bank form submitted to the sick leave bank chairperson or committee member. In the event that bank days run short during the year, licensed personnel may voluntarily contribute one more day.

A six-member committee shall oversee the administration of the sick leave bank with the assistance of the superintendent. The committee shall be comprised of two (2) high school, two (2) middle school, and two (2) elementary teachers who have contributed to the sick leave bank. Their term of office shall be staggered at one (1) and two (2) year terms. The sick leave bank committee members will be elected at the time that faculty members are elected to the personnel policies committee. A chairperson, a vice-chairperson, and a secretary of the sick leave bank shall be elected from the six-member committee for a one-year term. The vice-chairperson will automatically assume the chairmanship the following year. The sick leave bank committee shall decide on requests based on the committee’s rules of operation by majority vote. The sick leave committee shall administer the bank according to the following rules:

1. Sick leave bank days are to be used for emergencies, not as supplementary insurance.

2. Licensed personnel who have made contributions to the bank may make withdrawals from the bank.
The number of days withdrawn shall be up to the discretion of the sick leave bank committee.

3. Sick leave grants made from the bank shall be up to twenty (20) days for an individual applicant per
year, if the days are available. Sick leave bank members may make withdrawals one time for one
illness during a school year.

4. The sick leave bank days may be used only upon exhaustion of a bank member’s accumulated sick
leave.

5. Sick leave bank days will be granted only in cases of an emergency caused by a serious illness or a
serious accident pertaining to a sick leave bank member, spouse, children, parents and/or brothers and
sisters or (2) to visit an immediate family member on leave from military deployment to an overseas
combat zone.

6. 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. In case of emergency, requests may be
made to a sick leave bank committee member by phone, with the proper form submitted within two
(2) days of return to work.

7. No half-days may be withdrawn from the sick leave bank.

8. Any member of the sick leave bank making withdrawals from the bank must contribute at least the
minimum one (1) day at the beginning of the next school year in order to be eligible to make
withdrawals from the bank for succeeding years.

9. If any sick leave days granted to an employee by the sick leave bank are not used for the specific
illness, which is approved then these days will be lost by the employee and returned to the sick leave
bank. 

10\. At the beginning of each school year or at the time of employment, each teacher or administrator who        is  not already a member of the sick leave bank will be given the opportunity to join.

11. It shall be the duty of the sick leave bank committee to grant withdrawals of the sick leave bank days
based upon need and the applicant’s previous use of sick leave days.

12. Employees who serve the district in both classified and certified positions may only participate in one (1) bank and will be asked to only contribute to one (1) bank.

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.

The maximum number of days contributed to the sick leave bank in any school year shall not exceed the number of certified personnel.

After the maximum number of days in the sick leave bank is reached, sick leave bank members will not have to contribute sick leave days, and may still be considered members with the exception of those who made withdrawals during the previous school year. The maximum number of sick leave days shall be twice the number of certified personnel making contributions to the sick leave bank.

Spousal Donations
District employees who are a legally married couple are eligible to utilize each other’s sick leave if one or the other has exhausted all of his or her sick leave days. Written permission must be received for each day of donated sick leave. If the employees are paid at different rates of pay, the lesser rate of pay shall be used for the purpose of the donated sick leave days.

Date Adopted: March 8, 2004
Last Revised: June 12, 2024

3.9WFF—SICK LEAVE BANK REQUEST FORM

PLEASE COMPLETE AND RETURN TO A SICK LEAVE BANK COMMITTEE MEMBER (BEFORE YOU ARE ABSENT AND THE PAYROLL DEDUCTION IS MADE).

Name ____________________________________ Home Phone ____________________________

Home Address___________________________________________________________________
Street City Zip

School building where you teach __________________ School phone __________________

Have you contributed time 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 days requested: _____

Beginning date _____________________ Ending date _____________________

Are you currently being treated by a physician? ____________________________________
Have you used all of your accumulated sick leave? _________________________________
How many days have you been absent this year due to illness or disability? ______________

___________________________________________
Signature

_______________________________________________
Date

____________________________________________________________________________________

COMMITTEE USE ONLY

Date considered: _____________________________ [ ] Approved [ ] Not Approved

Number of days credited: ______________________

______________________________________________
Committee Chairperson

Date Adopted: March 8, 2004
Last Revised: May 11, 2009
3.9.1WFF - SICK LEAVE BANK USE FORM

Applicant _______________________________ Date ____________________________

Address ________________________________ Home phone _____________________

School Building ___________________________ School phone ____________________

The committee that governs the use of the Sick Leave Pool has reviewed your application for additional sick leave days.

The committee has authorized that _____ days be credited to you from the Sick Leave Pool. The dates granted to you have been:

___________________________________________________________________________

This form has been sent to the Central Administration Office to notify them of the days granted.

_______________________________________
Chairperson of Committee

_______________________________________
Secretary of Committee

_______________________________________
Date Approved by Committee

The recipient must re-contribute one (1) day prior to September 15 to be eligible to make additional withdrawals.

Three copies are to be made of each application. They are to be sent to the applicant, Central Administration Office, and one to the Sick Leave Bank Committee.

Date Adopted: March 8, 2004
Last Revised: May 11, 2009

3.10—LICENSED PERSONNEL PLANNING TIME

The superintendent is responsible for ensuring master schedules are created which determine the timing and duration of each teacher’s planning and scheduled lunch periods. Planning time is for the purpose of scheduling conferences, instructional planning, and preparation. Each teacher will have the ability to schedule these activities during his/her designated planning time. Teachers may not leave campus during their planning time without prior permission from their building-level supervisor.

The planning time shall be in increments of not less than forty (40) minutes and shall occur during the student instructional day unless a teacher requests, in writing, to have his/her planning time occur outside of the student instructional day. For the purposes of this policy, the student instructional day means the time that students are required to be present at school.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.11WF—LICENSED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

Personal Leave
For the district to function efficiently and have the necessary personnel present to effect a high-achieving learning environment, employee absences need to be kept to a minimum. The district acknowledges that there are times during the school year when employees have personal business that needs to be addressed during the school day. Each full-time employee shall receive two (2) days of personal leave per contract year. The leave will be charged against accumulative sick leave. Additional leave may be granted according to the accrued number of sick leave days: 15 days accrued - 1 personal day; 30 days accrued - 2 personal days; 45 days accrued - 3 personal days.

Employees shall take personal leave or leave without pay for those absences which are not due to attendance at school functions that are related to their job duties and do not qualify for other types of leave (for sick leave see Policy 3.8, for professional leave, see below).

School functions, for the purposes of this policy, means:

  1. Athletic or academic events related to the school 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, the school board of directors 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.

Any employee desiring to take personal leave may do so by entering the request into the Districts online absence system at least three (3) days prior to the time of the requested leave. The three (3) day prior notice requirement may be waived by the supervisor when the supervisor deems it appropriate.The principal has the right to deny days based on the educational needs of his/her building (i.e. testing days, parent-teacher conferences, during scheduled professional development). Personal leave is not allowed during the first and last week of school, or during the day before or after a school holiday, unless specifically approved by the Superintendent (or designee) or building administrator. Employees may not take more than two (2) consecutive personal days unless specifically approved by the Superintendent (or designee) or building administrator.

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) and/or as permitted by policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE 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.

Professional Leave
“Professional Leave” is leave granted for the purpose of enabling an employee to participate in professional activities (e.g., teacher workshops or serving on professional committees) 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 School District employee is subpoenaed for a matter arising out of the employee’s employment with the school district. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed decision. The supervisor’s decision is subject to review and overruling by the superintendent. Budgeting concerns and the potential benefit for the District’s students will be taken into consideration in reviewing a request for professional leave.

Applications for professional leave should be made as soon as possible following the employee’s discerning a need for such leave, but, in any case, no less than two (2) weeks before the requested leave is to begin, if possible.

If the employee does not receive or does not accept remuneration for his/her 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 his/her participation in the professional leave activity (e.g. scholastic audits), 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 District.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.12—LICENSED 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—SEX OFFENDERS ON CAMPUS (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.

Cross Reference: 6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW)

Date Adopted: May 11, 2009
Last Revised: June 27, 2019

3.13—LICENSED PERSONNEL PUBLIC OFFICE

An employee of the District who is elected to the Arkansas General Assembly or 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 sick leave will be granted for the employee’s participation in such a public office. The employee may take 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 a written request for leave to the Superintendent, 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 discipline, up to and including terminationt.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.14—LICENSED PERSONNEL JURY DUTY

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, upon giving reasonable notice to the District through the employee’s immediate supervisor.

The employee must present the original (not a copy) of the summons to jury duty to his supervisor in order to confirm the reason for the requested absence.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.15—LICENSED PERSONNEL LEAVE — INJURY FROM ASSAULT

Any teacher who, while in the course of their employment, is injured by an assault or other violent act while intervening in a student fight or while restraining a student or while protecting a student from harm shall be granted a leave of absence for up to one (1) year from the date of the injury, with full pay. The teacher shall not draw worker’s compensation or hold other employment during the time the District is paying full salary under the conditions of this policy and act.

A leave of absence granted under this policy shall not be charged to the teacher’s sick leave.

In order to obtain leave under this policy, the teacher must present documentation of the injury from a physician, with an estimate for time of recovery sufficient to enable the teacher to return to work, and written statements from witnesses (or other documentation as appropriate to a given incident) to prove that the incident occurred in the course of the teacher’s employment.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.16WF—LICENSED PERSONNEL PURCHASE OF SUPPLIES

Kindergarten through sixth-grade teachers shall be allotted the amount required by law to be used by the teacher in his/her classroom or for class activities to the extent their funds are available. For the purposes of this policy, pre-kindergarten through sixth-grade teachers shall be allotted the greater of:

  1. Twenty dollars ($20) per student enrolled in the teacher’s class for more than 50 percent of the school day at the end of the first three months of the school year;
  2. Five hundred dollars ($500).

Teachers may purchase supplies and supplementary materials from reputable vendors. To do so, teachers shall complete and have approved by the principal and superintendent a purchase order for supplies which will then be purchased on the teacher’s behalf by the school or by the teacher personally and subtracted from the teacher’s total supply and material allocation. If the teacher uses a school credit card to make purchases, the credit card and an itemized receipt must be returned to the appropriate school office within one day of the purchase. Supplies and materials purchased with school funds are school property and should remain on school property except to the extent they are used up or consumed or the purchased supplies and/or materials are intended/designed for use away from the school campus.

All purchases of supplies and supplementary materials should be made by April 1 of the school year.

Unused allotments shall not be carried over from one fiscal year to the next.

Date Adopted: May 11, 2009
Last Revised: April 22, 2019

3.17—LICENSED PERSONNEL CODE OF CONDUCT

Definitions

“Insubordination” means the willful disregard of a supervisor's instructions or the refusal to obey a lawful order from a supervisor. Insubordination does not mean the refusal to follow an order from a supervisor that would violate Federal or state law; Federal regulations; state rules; or a court order.

“Sexual harassment” means conduct on the basis of sex that may not reach the definition of sexual harassment under Policy 3.26 but is nevertheless inappropriate within the education setting. Examples of sexual harassment include, but are not limited to:

Employee actions that meet the definitions within this policy are prohibited.

In recognition of the level of trust placed in District employees, the duty of care District employees have towards their charges, and the need for District employees to model appropriate behavior for their charges, the District has, and will continue to hold, its employees to a high standard of behavior. Employees whose actions are determined to be in violation of the provisions of this policy, another personnel policy, the Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators, or criminal conduct that statutorily prohibits employment by a school district may be recommended for discipline up to and including termination of the employee’s contract for employment. In addition to other forms of discipline, conduct in violation of the Rules may be reported to the Professional Licensure Standards Board.

Date Adopted: April 11, 2022
Last Revised: June 9, 2025

3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT

An employee of the District may not be employed in any other capacity during regular working hours.

An employee may not accept employment outside of his district employment which will interfere, or otherwise be incompatible with the District employment, including normal duties outside the regular workday; nor shall an employee accept other employment which 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.

When a licensed employee is additionally employed by the District in either a classified capacity or by a contract to perform supplementary duties for a stipend or multiplier, the duties, expectations, and obligations of the primary licensed position employment contract shall prevail over all other employment duties unless the needs of the district dictate otherwise. If there is a conflict between the expectations of the primary licensed position and any other contracted position, the licensed employee shall notify the employee's building principal as far in advance as is practicable. The building principal shall verify the existence of the conflict by contacting the supervisor of the secondary contracted position. The building principal shall determine the needs of the district on a case-by-case basis and rule accordingly. The principal's decision is final with no appeal to the Superintendent or the School Board. Frequent conflicts or scheduling problems could lead to the termination of the classified contract of employment or the contract to perform the supplementary duties.

Sick Leave and Outside Employment
Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 3.44, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination.

Cross References: 3.8—LICENSED PERSONNEL SICK LEAVE
3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE
3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’
COMPENSATION

Date Adopted: May 11, 2009
Last Revised: April 29, 2014

3.19—LICENSED PERSONNEL EMPLOYMENT

All prospective employees must fill out an application form provided by the District, in addition to any resume provided all of the information provided 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. In particular, it will be considered a material misrepresentation and grounds for termination of the contract of employment if an employee’s licensure status is discovered to be other than as it was represented by an employee or applicant, either in writing on application materials or in the form of verbal assurances or statements made to the school district.

It is grounds for termination of the contract of employment if an employee fails a criminal background check or receives a true report on the Child Maltreatment Central Registry check.

All teachers shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential either as a condition of licensure or within one (1) year for teachers who are already licensed or employed as a teacher under an individual licensure plan.

Before the superintendent may make a recommendation to the Board that an individual be hired by the District, the superintendent shall check the Arkansas Educator Licensure System to determine if the individual has a currently suspended or revoked teaching license. An individual with a currently suspended license or whose license has been revoked by the State Board of Education is not eligible to be employed by the District; this prohibition includes employment as a substitute teacher, whether directly employed by the District or providing substitute teaching services under contract with an outside entity.

The superintendent shall create procedures establishing the process the superintendent will use before making any decisions regarding the hiring or placement of a principal to consult with teachers employed at the school where the principal would be assigned.

If the superintendent finds probable cause that an employee has engaged in sexual misconduct with a minor, then the superintendent or the superintendent’s designee shall not provide a favorable recommendation of employment on behalf of the employee.

The District is an equal opportunity employer and shall not discriminate on the grounds of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, age, disability, or genetic information.

Inquiries on nondiscrimination may be directed to Carl Clements at 479-839-2231.

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator in person or by using the mailing address, telephone number, or email address provided above. A report may be made at any time, including during non-business hours, and may be on the individual’s own behalf or on behalf of another individual who is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment.

For further information on notice of non-discrimination or to file a complaint, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html; for the address and phone number of the office that serves your area, or call 1-800-421-3481.

In accordance with Arkansas law, the District provides a veteran preference to applicants who qualify for one of the following categories:

  1. a veteran without a service-connected disability;
  2. a veteran with a service-connected disability; and
  3. a deceased veteran’s spouse who is unmarried throughout the hiring process;

For purposes of this policy, “veteran” is defined as:

  1. A person honorably discharged from a tour of active duty, other than active duty for training only, with the armed forces of the United States; or
  2. Any person who has served honorably in the National Guard or reserve forces of the United States for a period of at least six (6) years, whether or not the person has retired or been discharged.

In order for an applicant to receive the veterans’ preference, the applicant must be a citizen and resident of Arkansas, be substantially equally qualified as other applicants and do all of the following:

  1. Indicate on the employment application the category the applicant qualifies for;
  2. Attach the following documentation, as applicable, to the employment application:

Failure of the applicant to comply with the above requirements shall result in the applicant not receiving the veteran preference; in addition, meeting the qualifications of a veteran or spousal category does not guarantee either an interview or being hired.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.20WF—LICENSED PERSONNEL REIMBURSEMENT OF TRAVEL 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 supervisors with the authority to make school approvals), or the appropriate designee of the Superintendent 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, when required, by appropriate, original receipts. Copies of receipts or other documentation are not acceptable, except in extraordinary circumstances.

A school car shall be used for travel when available. The school employee should complete a school car request form at least one week prior to traveling and return the form to his/her building principal for approval and confirmation of availability. If a school car is available and the employee chooses to use his/her own vehicle, no mileage reimbursement will be paid. If a school car is not available, the employee may be asked to drive his/her own vehicle and be reimbursed at the rate below. Only one mileage reimbursement will be paid when more than one employee is attending the same conference; therefore, those employees will be encouraged to carpool.

Meals may be reimbursed for travel that necessitates an overnight stay when submitted to the dictates of this policy. Meals will be reimbursed at the rate below. Breakfast meals will not be reimbursed unless the employee is required to stay overnight. If breakfast is provided where the employee lodges, a breakfast reimbursement will not be allowed. Additionally, no meal reimbursements will be made when a meal is included as a part of a workshop or conference. All other reimbursements shall be prorated based on the percent of a day the employee is away on travel. For example, if an employee returns from his/her travel in the afternoon, he/she is only eligible for reimbursement for breakfast and lunch expenditures.

Meal expenses incurred by the Superintendent or other administrators as necessary, in the performance of their duties when meeting with state officials or consultants may be reimbursed on a prorated, per-person basis in line with the mandates of this policy. Such expenses shall only be reimbursed when the expenditure is likely to result in a tangible benefit to the district.

If a workshop/conference requires an employee to stay overnight, the employee must complete and turn in a lodging request form at least one week in advance to his/her building principal for approval along with the proper documentation establishing the date, time, place, and purpose of travel. It is recommended that the employee offers multiple locations as choices where available. Employees are urged to be selective with their choices of lodging and to choose clean, safe, comfortable locations that are reasonably priced. Once the overnight stay is approved by the superintendent, the superintendent’s secretary will make all reservations. The district will also pay for parking when necessary. All receipts for lodging and parking should be returned to the district office upon return.

Normal expenses under the West Fork District policy are allowed at the following rate: .52 cents per mile for mileage, up to $35 per day for meal reimbursements with maximums of $9 for breakfast, $12 for lunch, and $14 for dinner, and actual expense for lodging.

Cross Reference: 7.12—EXPENSE REIMBURSEMENT

Date Adopted: May 11, 2009
Last Revised: June 12, 2024

3.21—LICENSED PERSONNEL USE OF TOBACCO, ELECTRONIC NICOTINE

DELIVERY SYSTEMS, AND RELATED PRODUCTS

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to, cigarettes, cigars, chewing tobacco, and snuff) in or on any real property owned or leased by a District school, including school buses owned or leased by the District, or other school vehicles is prohibited.

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or nicotine delivery system or product. Specifically, the prohibition includes any product that is manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pips, or under any other name or descriptor.

Violation of this policy by employees shall be grounds for disciplinary action up to, and including dismissal.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.22—DRESS OF LICENSED EMPLOYEES

Employees shall ensure that their dress and appearance are professional, and appropriate to their positions.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.23—LICENSED PERSONNEL POLITICAL ACTIVITY

Employees are free to engage in political activity outside of work hours 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 the classroom, in other than circumstances appropriate to the Frameworks and/or the curricular goals and objectives of the class.

Date Adopted: May 11, 2009
Last Revised: April 20, 2020

3.24—LICENSED PERSONNEL DEBTS

For the purposes of this policy, "garnishment" of a district employee is when the employee has lost a lawsuit to a judgment creditor who brought suit against a school district employee for an unpaid debt, has been awarded money damages as a result, and these damages are recoverable by filing a garnishment action against the employee’s wages. For the purposes of this policy, the word “garnishment” excludes such things as child support, student loan, or IRS liens, or voluntary deductions levied against an employee’s wages.

All employees are expected to meet their financial obligations. If an employee writes “hot” checks or an employee’s income is garnished by a judgment creditor, dismissal may result.

An employee will not be dismissed for having been the subject of one (1) garnishment. However, a second or third garnishment may result in dismissal.

At the discretion of the Superintendent, the superintendent or the superintendent’s 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 School Board.

At the discretion of the Superintendent, a second garnishment may be used as a basis for a recommended dismissal. The Superintendent 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 which come to the attention of the District.

Date Adopted: May 11, 2009
Last Revised: April 8, 2013

3.25—LICENSED PERSONNEL GRIEVANCES

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest possible level, their concerns related to the personnel policies or salary payments of this district.

Definitions
“Employee” means any person employed under a written contract by this school district.

“Grievance” means a claim or concern raised by an individual employee of this school district related to the interpretation, application, or claimed violation of the personnel policies, including salary schedules; federal laws and regulations; state laws and rules; or terms or conditions of employment. Other matters for which the means of resolution are provided or foreclosed by statute or administrative procedures shall not be considered grievances. Specifically, no grievance may be entertained against a supervisor for directing, instructing, reprimanding, or “writing up” an employee under his/her supervision. A group of employees who have the same grievance may file a group grievance.

“Group Grievance” means a grievance that may be filed as a group if all of the following criteria are met and the group’s issue is a subject that may be grieved under this policy’s definition of grievance:

  1. More than one individual has an interest in the matter; and
  2. The group has a well-defined common interest in the facts and/or circumstances of the grievance; and
  3. The group has designated an employee spokesperson to meet with administration and/or the board; and
  4. All individuals within the group are requesting the same relief.

Simply meeting all of the criteria above alone does not ensure that the subject presented by the group is eligible to be grieved.

“Immediate Supervisor” means the person immediately superior to an employee who directs and supervises the work of that employee.

“Working day” means any weekday other than a holiday whether or not the employee under the provisions of their contract is scheduled to work or whether they are currently under contract.

Process
Level One: An employee who believes that he/she has a grievance shall inform that employee’s immediate supervisor that the employee has a potential grievance. Except for a grievance concerning back pay, the employee must inform his/her immediate supervisor of the existence of a potential grievance within five (5) working days of the occurrence of the grievance. The supervisor shall schedule a conference with the employee to hear the employee’s potential grievance that shall be held no later than five (5) working days after the supervisor is informed of the existence of the potential grievance and offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. If the grievance is not advanced to Level Two within five (5) working days following the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

If the grievance cannot be resolved by the immediate supervisor, the employee can advance the grievance to Level Two. To do this, the employee must complete the top half of the Level Two Grievance Form within five (5) working days of the discussion with the immediate supervisor, citing the manner in which the specific personnel policy was violated that has given rise to the grievance, and submit the Grievance Form to his/her immediate supervisor. The supervisor will have ten (10) working days to respond to the grievance using the bottom half of the Level Two Grievance Form which he/she will submit to the building principal or, in the event that the employee’s immediate supervisor is the building principal, the superintendent.

Level Two (when an appeal is to the building principal): Upon receipt of a Level Two Grievance Form, the building principal will have ten (10) working days to schedule a conference with the employee filing the grievance. The principal shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the principal will have ten (10) working days in which to deliver a written response to the grievance to the employee. If the grievance is not advanced to Level Three within five (5) working days from the date of the principal’s written response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

Level Two (when an appeal is to the superintendent): Upon receipt of a Level Two Grievance Form, the superintendent will have ten (10) working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten (10) working days in which to deliver a written response to the grievance to the employee.

Level Three: If the proper recipient of the Level Two Grievance was the building principal, and the employee remains unsatisfied with the written response to the grievance, the employee may advance the grievance to the superintendent by submitting a copy of the Level Two Grievance Form and the principal’s reply to the superintendent within five (5) working days of his/her receipt of the principal’s written reply. The superintendent will have ten (10) working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten (10) working days in which to deliver a written response to the grievance to the employee.

Appeal to the Board of Directors: An employee who remains unsatisfied by the written response of the superintendent may appeal the superintendent’s decision to the Board of Directors within five (5) working days of his/her receipt of the Superintendent’s written response by submitting a written request for a Board hearing to the superintendent. If the grievance is not appealed to the Board of Directors within five (5) working days of his/her receipt of the superintendent’s written response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

The school board will address the grievance at the next regular meeting of the school board unless the employee agrees in writing to an alternate date for the hearing. Based on a review of the Level Two Grievance Form and the superintendent’s reply, the board shall:

  1. For a grievance filed as an individual, determine if the grievance, on its face, is a subject that may be grieved under district policy.
  2. For a grievance that is filed as a group grievance, review the composition of the group and either:

If the Board rules that the grievance, whether filed as an individual or as a group, is not a subject that may be grieved, the matter shall be considered closed. If the Board rules that the composition of the group does not meet the definition of a group grievance under District policy, employees who had filed a grievance as part of a group grievance that the Board ruled to not meet the policy’s definition of a group grievance may choose to subsequently file an individual grievance by starting with Level One of the process; in such cases, a grievance will be considered to be timely filed if the notification of the employee’s supervisor requirement under Level 1 is made within five (5) workdays of the Board meeting where the Board ruled that the proposed group grievance did not meet the policy’s definition of a group grievance. If multiple employees have filed individual grievances that are of the same nature so that they would meet the definition of a group grievance if they had been filed by a group, then the Board may consolidate the individual grievances that are of the same nature into a group grievance. If the Board consolidates individual grievances that are of the same nature into a group grievance, then the individuals whose grievances were consolidated shall select one (1) or more individuals from among those whose grievances were consolidated to represent the group grievance holders before the Board.

If the Board rules the grievance to be a subject that may be grieved they shall immediately commence a hearing on the grievance. All parties have the right to representation at the appeal hearing by a person of their own choosing except that no party shall be represented by an individual who is a member of the employee’s immediate family. The employee shall have no less than ninety (90) minutes to present his/her grievance unless a shorter period is agreed to by the employee and both parties shall have the opportunity to present and question witnesses. The hearing shall be open to the public unless the employee requests a private hearing. If the hearing is open to the public, the parent or guardian of any student under the age of eighteen (18) years who gives testimony may elect to have the student’s testimony given in a closed session. At the conclusion of the hearing, if the hearing was closed, the Board of Directors may excuse all parties except board members and deliberate, by themselves, on the hearing. At the conclusion of an open hearing, board deliberations shall also be in open session unless the board is deliberating the employment, appointment, promotion, demotion, disciplining, or resignation of the employee. A decision on the grievance shall be announced no later than the next regular board meeting.

Records
Records related to grievances will be filed separately and will not be kept in, or made part of, the personnel file of any employee.

Reprisals
No reprisals of any kind will be taken or tolerated against any employee because he/she has filed or advanced a grievance under this policy.

Date Adopted: May 11, 2009
Last Revised: May 18, 2023

3.25F—LICENSED PERSONNEL LEVEL TWO GRIEVANCE FORM

Name: _______________________________________________

Date submitted to supervisor: __________________

Personnel Policy grievance is based upon: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Grievance (be specific):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What would resolve your grievance?

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Supervisor’s Response

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date submitted to recipient: ___________________

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.26—LICENSED PERSONNEL SEXUAL HARASSMENT

The West Fork School District is committed to providing an academic and work environment that treats all students and employees with respect and dignity. Student achievement and amicable working relationships are best attained in an atmosphere of equal educational and employment opportunity that is free of discrimination. Sexual harassment is a form of discrimination that undermines the integrity of the educational and work environment and will not be tolerated.

The District believes the best policy to create an educational and work environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age appropriate and, when necessary, provided in a language other than English or in an accessible format. The informational materials and training shall include, but are not limited to:
o the nature of sexual harassment;
o The District’s written procedures governing the formal complaint grievance process;
o The process for submitting a formal complaint of sexual harassment;
o That the district does not tolerate sexual harassment;
o That students and employees can report inappropriate behavior of a sexual nature without fear of adverse consequences;
o The supports that are available to individuals suffering sexual harassment; and
o The potential discipline for perpetrating sexual harassment.

Definitions
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

“Education program or activity” includes locations, events, or circumstances where the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
1. A District employee:
a. Conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; or
b. Uses the rejection of unwelcome sexual conduct as the basis for academic decisions affecting that individual;
2. The conduct is:
a. Unwelcome; and
b. Determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. Constitutes:
a. Sexual assault;
b. Dating violence
c. Domestic violence; or
d. Stalking.

“Supportive measures” means individualized services that are offered to the complainant or made available to the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

Within the educational environment, sexual harassment is prohibited between any of the following: students; employees and students; non-employees and students; employees; and employees and non-employees.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. What is, or is not, sexual harassment will depend upon all of the surrounding circumstances and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:
· Making sexual propositions or pressuring for sexual activities;
· Unwelcome touching;
· Writing graffiti of a sexual nature;
· Displaying or distributing sexually explicit drawings, pictures, or written materials;
· Performing sexual gestures or touching oneself sexually in front of others;
· Telling sexual or crude jokes;
· Spreading rumors related to a person’s alleged sexual activities;
· Discussions of sexual experiences;
· Rating other students or employees as to sexual activity or performance;
· Circulating or showing e-mails or websites of a sexual nature;
· Intimidation by words, actions, insults, or name calling; and
· Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Employees who believe they have been subjected to sexual harassment are encouraged to submit a report to their immediate supervisor, an administrator, or the Title IX coordinator. Under no circumstances shall an employee be required to first report allegations of sexual harassment to a school contact person if that person is the individual who is accused of the sexual harassment. If the District staff member who received a report of alleged sexual harassment is not the Title IX Coordinator, then the District staff person shall inform the Title IX Coordinator of the alleged sexual harassment. As soon as reasonably possible after receiving a report of alleged sexual harassment from another District staff member or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:
§ Discuss the availability of supportive measures;
§ Consider the complainant’s wishes with respect to supportive measures;
§ Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
§ Explain to the complainant the process for filing a formal complaint.

Supportive Measures
The District shall offer supportive measures to the complainant and make supportive measures available to the respondent that are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party before or after the filing of a formal complaint or where no formal complaint has been filed. The District shall provide individualized supportive measures to the complainant unless declined in writing by the complainant and shall make available individualized supportive measures that are non-disciplinary and non-punitive to the respondent. A complainant who initially declined the District’s offer of supportive measures may request supportive measures at a later time, and the District shall provide individualized supportive measures based on the circumstances when the subsequent request is received.

Formal Complaint
A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email. Upon receipt of a formal complaint, a District shall simultaneously provide the following written notice to the parties who are known:
o Notice of the District’s grievance process and a copy of the procedures governing the grievance process;
o Notice of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:
The identities of the parties involved in the incident, if known;
The conduct allegedly constituting sexual harassment; and
The date and location of the alleged incident, if known;
o A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
o That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
o That the parties may inspect and review evidence relevant to the complaint of sexual harassment; and
o That the District’s personnel policies and code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.

The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent; or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular “party”, “complainant”, or “respondent” include the plural, as applicable.

When investigating a formal complaint and throughout the grievance process, a District shall:
· Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties;
· Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent or that party’s voluntary, written consent if the party is over the age of eighteen (18) to do so for the grievance process;
· Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
· Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
· Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding;
· Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
· Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation; this includes evidence:
§ Whether obtained from a party or other source;
§ The District does not intend to rely upon in reaching a determination regarding responsibility; and
§ That is either Inculpatory or exculpatory; and
· Create an investigative report that fairly summarizes relevant evidence.

At least ten (10) days prior to completion of the investigative report, the District shall send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties shall have at least ten (10)3 days to submit a written response to the evidence. The investigator will consider the written responses prior to completion of the investigative report. All evidence subject to inspection and review shall be available for the parties’ inspection and review at any meeting to give each party equal opportunity to refer to such evidence during the meeting.

After the investigative report is sent to the parties, the decision-maker shall:
o Provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness;
o Provide each party with the answers;
o Allow for additional, limited follow-up questions from each party; and
o Provide an explanation to the party proposing the questions any decision to exclude a question as not relevant. Specifically, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

No earlier than ten (10) days following the completion of the investigation period, the decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility. The written determination shall include—
1. Identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including:
a. Any notifications to the parties;
b. Interviews with parties and witnesses;
c. site visits;
d. Methods used to gather other evidence; and
e. Hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the District’s personnel policies or code of conduct to the facts;
5. A statement of, and rationale for, the result as to each allegation, including:
a. A determination regarding responsibility;
b. Any disciplinary sanctions imposed on the respondent; and
c. Whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
6. The procedures and permissible bases for the complainant and respondent to appeal.

The written determination shall be provided to the parties simultaneously. The determination regarding responsibility shall become final on the earlier of:
· If an appeal is not filed, the day after the period for an appeal to be filed expires; or
· If an appeal is filed, the date the written determination of the result of the appeal is provided to the parties.

The District shall investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved; did not occur in the District’s education program or activity; or did not occur against a person in the United States, then the District shall dismiss the complaint as not meeting the definition of sexual harassment under this policy. A dismissal for these reasons does not preclude action under another provision of the District’s personnel policies or code of conduct.

The District may dismiss the formal complaint or any allegations therein, if at any time during the grievance process:
o The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
o The respondent is no longer enrolled at the District; or
o Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon the dismissal of a formal complaint for any reason, the District shall promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

The District may hire an individual or individuals to conduct the investigation or to act as the determination-maker when necessary.

Appeals
Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases:
a. The existence of a procedural irregularity that affected the outcome of the matter;
b. Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
c. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
d. An appeal of the disciplinary sanctions from the initial determination.

For all appeals, the District shall:
1. Notify the other party in writing when an appeal is filed;
2. Simultaneously Provide all parties a written copy of the District’s procedures governing the appeal process;
3. Implement appeal procedures equally for both parties;
4. Ensure that the decision-maker5 for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
5. Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
6. Issue a written decision describing the result of the appeal and the rationale for the result; and
7. Provide the written decision simultaneously to both parties.

Confidentiality
Reports of sexual harassment, both informal reports and formal complaints, will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to:
§ individuals who are responsible for handling the District’s investigation and determination of responsibility to the extent necessary to complete the District’s grievance process;
§ Submit a report to the child maltreatment hotline;
§ Submit a report to the Professional Licensure Standards Board for reports alleging sexual harassment by an employee towards a student; or
§ The extent necessary to provide either party due process during the grievance process.5

Except as listed above, the District shall keep confidential the identity of:
Any individual who has made a report or complaint of sex discrimination;
Any individual who has made a report or filed a formal complaint of sexual harassment;
Any complainant;
Any individual who has been reported to be the perpetrator of sex discrimination;
Any respondent; and
Any witness.

Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide the supportive measures.

Administrative Leave
The District may place a non-student employee respondent on administrative leave during the pendency of the District’s grievance process.

Retaliation Prohibited
Employees who submit a report or file a formal complaint of sexual harassment,; testified; assisted; or participate or refused to participate in any manner in an investigation, proceeding, or hearing on sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats; intimidation; coercion; discrimination; or charges for personnel policy violations that do not involve sex discrimination or sexual harassment, arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, and are made for the purpose of interfering with any right or privilege under this policy. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

Disciplinary Sanctions
It shall be a violation of this policy for any student or employee to be subjected to, or to subject another person to, sexual harassment. Following the completion of the District’s grievance process, any employee who is found by the evidence to more likely than not7 have engaged in sexual harassment will be subject to disciplinary action up to, and including, termination. No disciplinary sanction or other action that is not a supportive measure may be taken against a respondent until the conclusion of the grievance process.

Employees who knowingly fabricate allegations of sexual harassment or purposely provide inaccurate facts shall be subject to disciplinary action up to and including termination. A determination that the allegations do not rise to the level of sexual harassment alone is not sufficient to conclude that any party made a false allegation or materially false statement in bad faith.

Records
The District shall maintain the following records for a minimum of seven (7) years:
· Each sexual harassment investigation including:
· Any determination regarding responsibility;
· any disciplinary sanctions imposed on the respondent;
· Any remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity;
· Any appeal and the result therefrom;
· All materials used to train Title IX Coordinators, investigators, and decision-makers;
· Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, which must include:
o The basis for the District’s conclusion that its response was not deliberately indifferent; and
o Document:
§ If supportive measures were provided to the complainant, the supportive measures taken designed to restore or preserve equal access to the District’s education program or activity; or
§ If no supportive measures were provided to a complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Cross References: 3.19—LICENSED PERSONNEL EMPLOYMENT
4.27—STUDENT SEX DISCRIMINATION AND SEX-BASED HARASSMENT
5.20—DISTRICT WEBSITE
7.15—RECORD RETENTION AND DESTRUCTION
8.20—CLASSIFIED PERSONNEL SEX DISCRIMINATION AND SEX-BASED HARASSMENT

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.27—LICENSED 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 Superintendent shall direct all principals to establish regulations ensuring faculty supervision of students throughout the school day and at extracurricular activities.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.28—LICENSED PERSONNEL TECHNOLOGY USE POLICY

Definition

“Technology resources” means:

The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products;

The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice,or image and includes telecommunications and office automation functions;

Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;

The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and

All electronic mail accounts issued by a public entity.

The West Fork School District provides technology resources for many employees, to assist employees in performing work-related tasks. Employees are advised that they enjoy no expectation of privacy in any aspect of their computer use, including email, and that under Arkansas law, both email and technology use records maintained by the district are subject to disclosure under the Freedom of Information Act. Consequently, no employee or student-related reprimands or other disciplinary communications should be made through email except when specifically authorized by District policy.

Passwords or security procedures are to be used as assigned, 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. It is the policy of this school district to equip each computer with Internet filtering software designed to prevent users from accessing material that is harmful to minors. The District Information Technology Security Officer or designee may authorize the disabling of the filter to enable access by an adult for bona fide research or other lawful purposes.

District technology resources shall not be used to violate Arkansas or Federal law.

An employee shall not use District technology resources to express a political opinion to an elected official unless the opinion is either within the scope of the employee’s regular job duties or requested by an elected official or public entity. District technology resources shall not be used to engage in lobbying an elected official on a personal opinion by an employee unless the employee is a registered lobbyist for the District.

Employees who misuse district-owned technology resources in any way, including excessive personal use, using computers for personal use during instructional time, using computers to violate any other policy, knowingly or negligently allowing unauthorized access, or using the computers to access or create sexually explicit or pornographic text or graphics, will face disciplinary action, up to and including termination of the employment contract.

Date Adopted: May 11, 2009
Last Revised: June 12, 2024

3.28F—LICENSED PERSONNEL EMPLOYEE INTERNET USE AGREEMENT

The West Fork School District agrees to allow the employee identified above (“Employee”) to use the district’s technology to access the Internet under the following terms and conditions:

  1. Conditional Privilege: The Employee’s use of the district’s access to the Internet is a privilege conditioned
    on the Employee’s abiding by this agreement.
  2. Acceptable Use: The Employee agrees that in using the District’s Internet access he/she will obey all
    federal laws and regulations and all state laws and rules. 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.
  3. Penalties for Improper Use: If the Employee violates this agreement and misuses the Internet, the
    Employee shall be subject to disciplinary action up to and including termination.
  4. “Misuse of the District’s access to the Internet” includes, but is not limited to, the following:
    1. using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined 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 other than when required by the employee’s job duties;
    5. wasteful use of limited resources provided by the school including paper;
    6. causing congestion of the network through lengthy downloads of files other than when required by the employee’s job duties;
    7. vandalizing data of another user;
    8. obtaining or sending information that could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
    9. gaining or attempting to gain unauthorized access to resources or files;
    10. identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;
    11. using the network for financial or commercial gain without district permission;
    12. theft or vandalism of data, equipment, or intellectual property;
    13. invading the privacy of individuals other than when required by the employee’s job duties;
    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 school 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
    20. taking part in any activity related to Internet use that creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools;
    21. making unauthorized copies of computer software;
    22. personal use of computers during instructional time;
    23. installing software on district computers without prior approval of the Information Technology Security Officer or his/her designee except for District technology personnel as part of their job duties;
    24. Expressing a political opinion to an elected official unless the opinion is either within the scope of the employee’s regular job duties or requested by an elected official or public entity; or
    25. Engaging in lobbying an elected official on a personal opinion by an employee unless the employee is a registered lobbyist for the District.
  5. Liability for debts: Staff shall be liable for any and all costs (debts) incurred through their use of the
    District’s computers or the Internet including penalties for copyright violations.
  6. No Expectation of Privacy: The Employee signing below agrees that in using the Internet through the
    District’s access, he/she waives any right to privacy the Employee may have for such use. The Employee
    agrees that the district may monitor the Employee’s use of the District’s Internet Access 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.
  7. Signature: The Employee, who has signed below, has read this agreement and agrees to be bound by its
    terms and conditions.


Date Adopted: May 11, 2009
Last Revised: June 12, 2024

3.29—LICENSED PERSONNEL SCHOOL CALENDAR

The superintendent shall present to the personnel policies committee (PPC) a school calendar which the board has adopted as a proposal. The superintendent, in developing the calendar, shall accept and consider recommendations from any staff member or group wishing to make calendar proposals. 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.

The District shall not establish a school calendar that interferes with any scheduled statewide assessment that might jeopardize or limit the valid assessment and comparison of student learning gains.

The West Fork School District shall operate by the following calendar.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.30—PARENT-TEACHER COMMUNICATION

The district recognizes the importance of communication between teachers and parents/legal guardians. To help promote positive communication, parent/teacher conferences shall be held once each semester. Parent-teacher conferences are encouraged and may be requested by parents or guardians when they feel they need to discuss their child’s progress with his/her teacher.

Teachers are required to communicate during the school year with the parent(s), legal guardian(s), or caregiving adult or adults in a student’s home to discuss the student’s academic progress unless the student has been placed in the custody of the Department of Human Services and the school has received a court order prohibiting parent or legal guardian participation in parent/teacher conferences. More frequent communication is required with the parent(s) or legal guardian(s) of students who are performing below grade level.

All parent/teacher conferences shall be scheduled at a time and place to best accommodate those participating in the conference. Each teacher shall document the participation or non-participation of parent(s)/legal guardian(s) for each scheduled conference.

If a student is to be retained at any grade level or denied course credit, a notice of, and the reasons for retention shall be communicated promptly in a personal conference.

Date Adopted: May 11, 2009
Last Revised: July 12, 2018

3.31—DRUG-FREE WORKPLACE - LICENSED 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 the 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, 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 incident at work resulting in injury to the employee requiring medical attention shall require the employee to submit to a drug test, which shall be paid at the District’s worker’s compensation carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of worker’s compensation benefits in accordance with policy 3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION.

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 (5) weekdays (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 within the five (5) 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 of having been so charged shall result in that employee being recommended for termination by the Superintendent.

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 5 calendar days to the superintendent. Within 10 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 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/she cannot properly perform his/her duties shall not report for duty. Any employee who reports for duty and is so impaired, as determined by his/her 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/her physician in order to adjust the medication, if possible, so that the employee may return to his/her job unimpaired. Should the employee attempt to return to work while impaired by prescription medications, for which the employee has a prescription, he/she 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 that 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.

A report to the appropriate licensing agency shall be filed within seven (7) days of:

1) A final disciplinary action taken against an employee resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances; or
2) The voluntary resignation of an employee who is facing a pending disciplinary action resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances.

The report filed with the licensing authority shall include, but not be limited to:

When the employee is not a healthcare professional, law enforcement will be contacted regarding any final disciplinary action taken against an employee for the diversion of controlled substances to one (1) or more third parties.

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.31F—DRUG-FREE WORKPLACE POLICY ACKNOWLEDGEMENT

CERTIFICATION

I, hereby certify that I have been presented with a copy of the West Fork School 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 the District.

Date Adopted: May 11, 2009
Last Revised: April 9, 2012

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

The Family and Medical Leave Act (FMLA) offers job protection for leave that might otherwise be considered excessive absences. Employees need to carefully comply with this policy to ensure they do not lose FMLA protection due to inaction or failure to provide the District with needed information. The FMLA provides up to twelve (12) work weeks (or, in some cases, twenty-six (26) weeks) of job-protected leave to eligible employees with absences that qualify under the FMLA. While an employee can request FMLA leave and has a duty to inform the District, as provided in this policy, of foreseeable absences that may qualify for FMLA leave, it is the District’s ultimate responsibility to identify qualifying absences as FMLA or non-FMLA. FMLA leave is unpaid, except to the extent that paid leave applies to any given absence as governed by the FMLA and this policy. 

SECTION ONE – FMLA LEAVE GENERALLY

Definitions
“Eligible Employee” is an employee who has:

  1. Been employed by the District for at least twelve (12) months, which are not required to be consecutive; and
  2. Performed at least 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

“FMLA” is the Family and Medical Leave Act

“Health Care Provider” means:

  1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;
  2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;
  3. Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
  4. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law or collective bargaining agreement; or
  5. Any other person determined by the U.S. Secretary of Labor to be capable of providing health care services.

“Instructional Employee” is an employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting and includes athletic coaches, driving instructors, preschool teachers, and special education assistants such as signers for the hearing impaired. The term does not include, and the special rules related to the taking of leave near the end of a semester do not apply to teacher assistants or aides who do not have as their principal job actual teaching or instructing, administrators, counselors, librarians, psychologists, and curriculum specialists.

“Intermittent leave” is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee’s schedule for a period of time, normally from full-time to part-time.

“Next of Kin”, used in respect to an individual, means the nearest blood relative of that individual.

“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. This term does not include parents “in-law.”

“Serious Health Condition” is an injury, illness, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility or continuing treatment by a health care provider.

“Son or daughter”, for numbers 1, 2, or 3 below: is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen (18) or age eighteen (18) or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

“Year” the twelve (12) month period of eligibility shall begin on July first of each 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 and Medical Leave Act of 1993, as amended, shall govern.

Leave Eligibility
The District will grant up to twelve (12) weeks of leave in a year in accordance with the FMLA, as amended, 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. To care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition;
  4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; and
  5. Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (See Section Two)
  6. To care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury. (See Section Two)

The entitlement to leave for reasons 1 and 2 listed above shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement.

A legally married couple who are both eligible employees employed by the District may not take more than a combined total of twelve (12) weeks of FMLA leave for reasons 1, 2, or to care for a parent under number 3.

Provisions Applicable to both Sections One and Two

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.

Designation Notice to Employee
When an employee requests FMLA leave or the District determines that an employee’s absence may be covered under the FMLA, the District shall provide written notice within five (5) business days (absent extenuating circumstances) to the employee of the District’s determination of his/her eligibility for FMLA leave. If the employee is eligible, the District may request additional information from the employee and/or certification from a health care provider to help make the applicability determination. After receiving sufficient information as requested, the District shall provide written notice within five (5) business days (absent extenuating circumstances) to the employee of whether the leave qualifies as FMLA leave and will be so designated.

If the circumstances for the leave don’t change, the District is only required to notify the employee once of the determination regarding the designation of FMLA leave within any applicable twelve (12) month period.

Employees who receive notification that the leave request does not qualify under the FMLA are expected to return to work; further absences that are not otherwise excused could lead to discipline for excessive absences or termination for job abandonment.

Concurrent Leave Under the FMLA
All FMLA leave is unpaid unless substituted by applicable accrued leave. The District requires employees to substitute any applicable accrued leave (in the order of sick, personal, or vacation leave as may be applicable) for any period of FMLA leave.

An employee who does not have enough accrued leave to cover the number of days of FMLA leave taken shall not have his/her number of contract days altered because some of the FMLA leave taken was unpaid.

Working at another Job while Taking FMLA for Personal or Family Serious Medical Condition
No employee on FMLA leave for their own serious medical condition may perform work at another, non-district job while on FMLA leave. Except as provided in policy 3.44, employees who do perform work at another, non-district job while on FMLA leave for their own serious medical condition will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

No employee on FMLA leave for the serious medical condition of a family member may perform work at another, non-district job while on FMLA leave. Employees who do perform work at another non-district job while on FMLA leave for the serious medical condition of a family member will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

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. Additionally, if the District makes a change to its health insurance benefits or plans that apply to other employees, the employee on FMLA leave must be afforded the opportunity to access additional benefits and/or the same responsibility for changes to premiums. Any changes made to a group health plan that apply to other District employees must also apply to the employee on FMLA leave. The District will notify the employee on FMLA leave of any opportunities to change plans or benefits. 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 his/her 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.

The District has the right to pay an employee’s unpaid insurance premiums during the employee’s unpaid FMLA leave to maintain the employee’s coverage during his/her leave. The District may recover the employee's share of any premium payments missed by the employee for any FMLA leave period that the District maintains health coverage for the employee by paying his/her share. Such recovery shall be made by offsetting the employee’s debt through payroll deductions or by other means against any monies owed to the employee by the District.

An employee who chooses to not continue group health plan coverage while on FMLA leave, is entitled to be reinstated on the same terms as prior to taking the leave, including family or dependent coverages, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc.
If an employee gives unequivocal notice of an 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 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
Unless circumstances exist beyond the employee’s control, the employee shall inform the district every two (2) weeks during FMLA leave of his/her current status and intent to return to work.

Return to Previous Position
An employee returning from FMLA leave is entitled to be returned to the same position the employee held when the 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. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee may not be restored to a position requiring additional licensure or certification.

The employee’s right to return to work and/or to the same or an equivalent position does not supersede any actions taken by the District, such as conducting a RIF that the employee would have been subject to had the employee not been on FMLA leave at the time of the District’s actions.

Leave Acquired Through Fraud
If it is discovered that an employee engaged in fraud or otherwise provided the District with documentation that includes a material misrepresentation of fact in order to receive FMLA leave, the District may discipline the employee up to and including termination.

Provisions Applicable to Section One

Employee Notice to District

Foreseeable Leave:
When the need for leave is foreseeable for reasons 1 through 4 listed above, the employee shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30) days after the date the employee provides notice.

If there is a lack of knowledge of approximately when the leave will be required to begin, a change in circumstances, or an emergency, notice must be given as soon as 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 need for leave is for reasons 3 or 4 listed above, the eligible 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.

If the need for FMLA leave is foreseeable less than thirty (30) days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for the number of days equal to the difference between the number of days in advance that the employee should have provided notice and when the employee actually gave notice.

Unforeseeable Leave:
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 (2) 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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Medical Certification
Second and Third Opinions: In any case where the District has reason to doubt the validity of the initial 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, either orally or in writing, the employee obtains a recertification in connection with the employee’s absence, at the employee’s expense, no more often than every thirty (30) days unless one or more of the following circumstances apply:

The employee must provide the recertification within fifteen (15) calendar days after the District’s request.

No second or third opinion on a recertification may be required.

The District may deny FMLA leave if an eligible employee fails to provide a requested certification.

Substitution of Paid Leave
When an employee’s leave has been designated as FMLA leave for reasons 1 (as applicable), 2, 3, or 4 above, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

To the extent the employee has accrued paid vacation or personal leave, any leave taken that qualifies for FMLA leave for reasons 1 or 2 above shall be paid leave and charged against the employee’s 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 worker’s compensation benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of the usual contracted daily rate of pay. If the health care provider treating the employee for the worker’s 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.” As a result, the employee may lose his/her workers’ compensation payments, but 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.

Return to Work
If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work, the employee must provide such certification prior to returning to work. The employee’s failure to do so voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work and the designation determination listed the employee’s essential job functions, the employee must provide certification that the employee is able to perform those functions prior to returning to work. The employee’s failure to do so or his/her inability to perform his/her job’s essential functions voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

Failure to Return to Work:
In the event that an employee is unable or fails to return to work within FMLA's leave timelines, the superintendent 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 his/her contract.

Intermittent or Reduced Schedule Leave
To the extent practicable, employees requesting intermittent or reduced schedule leave shall provide the District with not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take 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 the request of the employee. If the District agrees to permit an employee to take intermittent or reduced schedule leave for such reasons, the agreement shall be consistent with this policy’s requirements governing intermittent or reduced schedule leave. The employee may be transferred temporarily during the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties.

Eligible employees may take intermittent or reduced schedule FMLA leave due to reasons 3 or 4 listed above when the medical need is best accommodated by such a schedule. The eligible employee shall make 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.

When granting leave on an intermittent or reduced schedule for reasons 3 or 4 above that is foreseeable based on planned medical treatment, the District may temporarily transfer non-instructional, eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave for reasons 3 or 4 above that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) 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 to:

  1. Take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or
  2. Transfer temporarily to an available alternative position offered by the employer that the employee is qualified for, has equivalent pay and benefits, and better accommodates recurring periods of leave than the regular employment position of the employee.

If the employee chooses to transfer to an alternative position, the alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

An eligible instructional employee who needs intermittent leave or leave on a reduced leave schedule for reasons 3 or 4 above may not be transferred to an alternative position during the period of the employee's intermittent or reduced leave schedule if, based on the foreseeable planned medical treatment, the employee would be on leave for twenty percent (20%) or less of the total number of working days over the period the leave would extend.

Instructional employees are not required to request intermittent leave when the instructional employee’s FMLA leave spans a period when school is closed, such as for winter, spring, or summer breaks; in addition, the time the school is closed is not counted when calculating the amount of FMLA leave the instructional employee has used.

Leave taken by eligible instructional employees near the end of the semester
In any of the following scenarios, if the District chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement. The required non-FMLA leave will not be considered excessive absenteeism.

Leave more than five (5) weeks prior to end of the semester
If the eligible, instructional employee begins leave, due to reasons 1 through 4 listed above, more than five (5) weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:

  1. The leave is of at least three (3) weeks duration; and

  2. The return to employment would occur during the three (3) - week period before the end of the semester.

    Leave less than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to reasons 1, 2, or 3 listed above, during the period that commences five (5) weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:

  1. The leave is of greater than two (2) weeks duration; and

  2. The return to employment would occur during the two (2) - week period before the end of the semester.

    Leave less than three (3) weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to 1, 2, or 3 listed above, during the period that commences three (3) weeks prior to the end of the semester and the duration of the leave is greater than five (5) working days, the District may require the employee to continue to take leave until the end of the semester.

SECTION TWO - FMLA LEAVE CONNECTED TO MILITARY SERVICE

Leave Eligibility
The FMLA provision of military associated leave is in two categories. Each one has some of its own definitions and stipulations. Therefore, they are dealt with separately in this Section of the policy. Definitions different than those in Section One are included under the respective reason for leave. Definitions that are the same as in Section One are NOT repeated in this Section.

QUALIFYING EXIGENCY
An eligible employee may take FMLA leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. Examples include issues involved with short-notice deployment, military events and related activities, childcare and school activities, the need for financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as defined by federal regulations.

Definitions:
“Covered active duty” means:

“Son or daughter on active duty or call to active duty status” means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.

Certification
The District may require the eligible employee to obtain certification to help the district determine if the requested leave qualifies for FMLA leave for the purposes of a qualifying exigency. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

Employee Notice to District

Foreseeable Leave
When the necessity for leave for any qualifying exigency is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the District as is reasonable and practicable regardless of how far in advance the leave is foreseeable. 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.

Unforeseeable Leave
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 (2) 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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Substitution of Paid Leave
When an employee’s leave has been designated as FMLA leave for any qualifying exigency, the District requires employees to substitute accrued vacation, or personal leave for the period of FMLA leave.

Intermittent or Reduced Schedule Leave
Eligible employees may take intermittent or reduced schedule leave for any qualifying exigency. The employee shall provide the district with as much notice as is practicable.

Leave taken by an eligible instructional employees more than five (5) weeks prior to end of the semester
If an eligible, instructional employee begins leave due to any qualifying exigency more than five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

  1. The leave is of at least three (3) weeks duration; and
  2. The return to employment would occur during the three (3) week period before the end of the semester.

If the District chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement.

SERIOUS ILLNESS

An eligible employee is eligible for leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury under the following conditions and definitions.
Definitions:
“Covered Service Member” is:

  1. a member of the Armed Forces, including a member of the National Guard or Reserves, who is 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; or
  2. a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

“Outpatient Status”, used in respect to a covered servicemember, 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 of a covered service-member” is a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service-member. This term does not include parents “in law.”

“Serious Injury or Illness”:

  1. In the case of 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 (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and
  2. In the case of a veteran who was a member of the Armed Forces, including a member of the National Guard of Reserves, at any time during a period as a covered servicemember defined in this policy, it means a qualifying (as defined by the U.S. Secretary of Labor) injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

“Son or daughter of a covered service-member” means a covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service-member stood in loco parentis, and who is of any age.

“Year”, for leave to care for the serious injury or illness of a covered servicemember, the twelve (12) month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends twelve (12) months after that date.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty-six (26) weeks of leave during one twelve (12) - month period to care for the service member who has a serious injury or illness as defined in this policy. An eligible employee who cares for such a covered servicemember continues to be limited for reasons 1 through 4 in Section One and for any qualifying exigency to a total of twelve (12) weeks of leave during a year as defined in this policy. For example, an eligible employee who cares for such a covered servicemember for sixteen (16) weeks during a twelve (12) month period could only take a total of ten (10) weeks for reasons 1 through 4 in Section One and for any qualifying exigency. An eligible employee may not take more than twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency regardless of how little leave the eligible employee may take to care for a spouse, child, parent, or next of kin who is a covered service-member with a serious illness or injury.
If a legally married couple are both eligible employees employed by the District, the legally married couple is entitled to a combined total of twenty-six (26) weeks of leave during one twelve (12) month period to care for their spouse, son, daughter, parent, or next of kin who is a covered servicemember with a serious injury or illness, as defined in this policy. The leave taken by a legally married couple who care for such a covered servicemember continues to be limited to a total of twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency during a year, as defined in this policy, regardless of whether or not the legally married couple uses less than a combined total of fourteen (14) weeks to care for a covered servicemember with a serious injury or illness; moreover, the legally married couple’s twelve (12) weeks are combined when taken for reasons 1, 2, or to care for a parent under reason 3 in Section One.
For example, a legally married couple who are both eligible employees and who care for such a covered servicemember for sixteen (16) weeks during a twelve (12) month period could:

  1. Each takes up to ten (10) weeks for reason 4 in section 1 or a qualifying exigency;
  2. Take a combined total of ten (10) weeks for reasons 1, 2, or to care for a parent under reason 3 in Section One; or
  3. Take a combination of numbers 1 and 2 that totals ten (10) weeks of leave.

Medical Certification
The District may require the eligible employee to obtain certification of the covered service member’s serious health condition to help the District determine if the requested leave qualifies for FMLA leave. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

Employee Notice to District

Foreseeable Leave
When the need for leave to care for a spouse, child, parent, or next of kin who is a covered service-member with a serious illness or injury is clearly foreseeable at least thirty (30) days in advance, the employee shall provide the District with not less than thirty (30) days' notice before the date the employee intends for the leave is to begin for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30) days after the date the employee provides notice.

If the need for FMLA leave is foreseeable less than thirty (30) days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for an amount of time equal to the difference between the length of time that the employee should have provided notice and when the employee actually gave notice.

When the need for leave is to care for a spouse, child, parent, or next of kin who is a covered service-member with a serious illness or injury, 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.

Unforeseeable Leave
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 (2) 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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Substitution of Paid Leave
When an employee’s leave has been designated as FMLA leave to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

Intermittent or Reduced Schedule Leave
To the extent practicable, employees requesting intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave.

Eligible employees may take intermittent or reduced schedule FMLA leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury when the medical need is best accommodated by such a schedule. The eligible employee shall make 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.

When granting leave on an intermittent or reduced schedule to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury that is foreseeable based on planned medical treatment, the District may temporarily transfer non-instructional eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning from FMLA leave, an employee may be assigned to another position that is not necessarily the same as the employee's former job assignment. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service-member with a serious illness or injury that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, the District may require the employee to choose either:

  1. Take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or
  2. Transfer temporarily to an available alternative position offered by the employer that the employee is qualified for, has equivalent pay and benefits, and better accommodates recurring periods of leave than the regular employment position of the employee.

If the employee chooses to transfer to an alternative position, the alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee will not be required to take more FMLA leave than necessary to address the circumstances that required the need for the leave.

An eligible instructional employee, who needs intermittent leave or leave on a reduced leave schedule leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury, may not be transferred to an alternative position during the period of the employee's intermittent or reduced leave schedule if, based on the foreseeable planned medical treatment, the employee would be on leave for twenty percent (20%) or less of the total number of working days over the period the leave would extend.

Leave taken by eligible instructional employees near the end of the academic semester
In any of the following scenarios, if the district chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement. The excess non-FMLA leave will not be considered excessive absenteeism.

Leave more than five (5) weeks prior to end of the semester
If the eligible, instructional employee begins leave, for any qualifying exigency or to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury more than five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

  1. The leave is of at least three (3) weeks duration; and

    1. The return to employment would occur during the three (3) - week period before the end of the semester.

    Leave less than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury during the period that commences five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

  1. The leave is of greater than two (2) weeks duration; and

    1. The return to employment would occur during the two (2) - week period before the end of the semester.

    Leave less than three (3) weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious illness or injury during the period that commences three (3) weeks prior to the end of the semester and the duration of the leave is greater than five (5) working days, the District may require the employee to continue to take leave until the end of the semester.

Cross References: 3.8—LICENSED PERSONNEL SICK LEAVE
3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT
3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’
COMPENSATION

Date Adopted: May 11, 2009
Last Revised: April 20, 2020

3.33—ASSIGNMENT OF EXTRA DUTIES FOR LICENSED PERSONNEL

From time to time extra duties may be assigned to licensed personnel by the school principal or the Superintendent as circumstances dictate.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.34—LICENSED PERSONNEL CELL PHONE USE

Use of cell phones or other electronic communication devices by employees during instructional time for other than instructional purposes is strictly forbidden unless specifically approved in advance by the superintendent, building principal, or their designees. In addition to the language in this policy, the use of District provided cell phones is governed by Policy 3.28—LICENSED PERSONNEL TECHNOLOGY USE POLICY.

District staff shall not be given cell phones for any purpose other than their specific use associated with school business. School employees who use school-issued cell phones for non-school purposes, except as permitted by District policy, shall be subject to discipline, up to and including termination. School employees who are issued District cell phones due to the requirements of their position may use the phone for personal use on an “as needed” basis provided it is not during instructional time.

Except when authorized in Policy 3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, all employees are forbidden from using school-issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including termination.

Except when authorized in Policy 3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, no employee shall use any device for the purposes of browsing the internet, composing or reading emails and text messages or making or answering phone calls while driving a motor vehicle which is in motion and on school property. Violation may result in disciplinary action up to and including termination.

Cross References: 3.28—LICENSED PERSONNEL TECHNOLOGY USE POLICY
3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION
DEVICES
4.47— POSSESSION AND USE OF PERSONAL ELECTRONIC DEVICES
7.14—USE OF DISTRICT CELL PHONES AND COMPUTERS

Date Adopted: May 11, 2009
Last Revised: June 9, 2025

3.35—LICENSED PERSONNEL BENEFITS

The West Fork School District provides its licensed personnel benefits consisting of the following.

  1. The priceless reward of helping shape the life and future of our children;
  2. Health insurance assistance for all full-time employees;
  3. Free dental insurance for all full-time employees;
  4. Free short-term disability insurance for all full-time employees;
  5. Free hospital confinement plan for all full-time employees;
  6. Free long-term disability insurance for all full-time employees;
  7. Free life insurance plan for all full-time employees;
  8. Free vision insurance plan for all full-time employees;
  9. Contribution to the teacher retirement system; and
  10. One sick leave day per contract calendar month, or greater portion thereof.

Date Adopted: May 11, 2009
Last Revised: July 8, 2013

3.36—LICENSED PERSONNEL RENEWAL AND TERMINATION

Renewal
When determining whether to make a recommendation of renewal of an employee’s contract to the District’s Board of Directors, the superintendent, with input from the appropriate employee’s supervisor, shall make the determination based upon the following, as applicable:

  1. Effectiveness, including the employee’s evaluations;
  2. Performance, including disciplinary infractions;
  3. Qualifications, including licensure areas, relevant education degrees, and the educator career continuum.

Seniority shall be used in determining whether or not an employee shall be renewed only when determining whom to renew and all else is equal between the employees in question.

If the superintendent finds probable cause that an employee has engaged in sexual misconduct with a minor, then the superintendent shall not recommend the renewal of the employee.

Following the superintendent’s recommendation for renewal and approval by the Board, a copy of the next year’s employment contract shall be provided to each employee.

Termination
The superintendent is empowered to make a recommendation to terminate an employee’s employment contract to the Board for an employee’s violation of District policies; State or Federal laws; State Rules; or Federal regulations. If the superintendent determines that it is necessary to make a recommendation for termination, the superintendent shall provide the employee written notice of the superintendent’s intention to recommend that the employee be terminated. The written notice may be mailed to the employee’s address on file with the District, e-mailed to the employee’s District provided e-mail address, or hand delivered to the employee. The written notice shall contain a statement:

The superintendent shall provide the employee written notification of the Board’s decision regarding the recommendation for termination as soon as possible by mail to the employee’s address on file with the District, e-mail to the employee’s District provided e-mail address, or hand delivery to the employee.

Date Adopted: May 11, 2009
Last Revised: May 18, 2023

3.37—ASSIGNMENT OF TEACHER AIDES

The assignment of teacher aides shall be made by the principal or his/her designee. Changes in the assignments may be made as necessary due to changes in the student population, teacher changes, and to best meet the educational needs of the students.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.38—LICENSED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

Definitions

“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;

“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:
1. May address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated;
2. Involves an actual or reasonably perceived power imbalance;
3. Is repeated or has a high likelihood of repetition; and
4. Causes or creates actual or reasonably foreseeable:

Examples of "Bullying" include, but are not limited to, a pattern of behavior involving one or more of the following:

  1. Cyberbullying;
  2. Sarcastic comments "compliments" about another student’s personal appearance or actual or perceived attributes,
  3. Pointed questions intended to embarrass or humiliate,
  4. Mocking, taunting, or belittling,
  5. Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
  6. Demeaning humor relating to a student’s actual or perceived attributes,
  7. Blackmail, extortion, demands protection money or other involuntary donations or loans,
  8. Blocking access to school property or facilities,
  9. Deliberate physical contact or injury to person or property,
  10. Stealing or hiding books or belongings,
  11. Threats of harm to student(s), possessions, or others,
  12. Sexual harassment, as governed by policy 3.26, is also a form of bullying, and/or
  13. Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

“Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

Cyberbullying of School Employees includes, but is not limited to:

  1. Building a fake profile or website of the employee;
  2. Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
  3. Posting an original or edited image of the school employee on the Internet;
  4. Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
  5. Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
  6. Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
  7. Signing up a school employee for a pornographic Internet site; or
  8. Without the authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.

Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or are 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; and

“Substantial disruption” means without limitation that any one or more of the following occurs as a result of the bullying:

Teachers and other 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 building principal, or designee, as soon as possible.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

District staff is required to help enforce the implementation of the district’s anti-bullying policy. Students who bully another person are to be held accountable for their actions whether they occur on school equipment or property; off school property at a school-sponsored or school-approved function, activity, or event; going to or from school, or a school activity in a school vehicle or school bus; or at designated school bus stops. 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 or the building principal. The report may be made anonymously.

A building principal, or designee, who receives a credible report or complaint of bullying shall:

  1. As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
  2. Report to a parent, legal guardian, a person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
  3. Prepare a written report of the alleged incident of bullying;
  4. Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5th) school day following the completion of the written report.
  5. Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of a student, or person standing in loco parentis of a student who was the alleged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.
  6. Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of the student, or person standing in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:
  7. That a credible report or complaint of bullying against their student exists;
  8. Whether the investigation found the credible report or complaint of bullying to be true;
  9. Whether an action was taken against their student upon the conclusion of the investigation of the alleged incident of bullying; and
  10. Information regarding the reporting of another alleged incident of bullying, including potential consequences of continued incidents of bullying;
  11. Make a written record of the investigation, which shall include:
  12. A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
  13. Any action was taken as a result of the investigation; and
  14. Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

District employees are held to a high standard of professionalism, especially when it comes to employee-student interactions. Actions by a District employee towards a student that would constitute bullying if the act had been performed by a student shall result in disciplinary action, up to and including termination. This policy governs bullying directed towards students and is not applicable to adult on adult interactions. Therefore, this policy does not apply to interactions between employees. Employees may report workplace conflicts to their supervisors. In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

To prevent multiple, simultaneous investigations into the same alleged conduct, if the facts that support an alleged incident of bullying may also constitute a violation of another District policy; State or Federal law; State rule; or Federal regulation, then the District shall investigate and dispose of the alleged incident of bullying in accordance with the other applicable District policy; State or Federal law; State rule; or federal regulation in lieu of the requirements of this policy.

Date Adopted: May 11, 2009
Last Revised: February 4, 2026

3.39—LICENSED PERSONNEL RECORDS AND REPORTS

The superintendent or his/her designee shall determine, by an individual or by position, those records a teacher is responsible to keep and those reports he/she is required to maintain. It is a requirement of employment that all required records and reports be completed, submitted, or otherwise tendered, and be accepted by the principal or superintendent as complete and satisfactory, before the last month’s pay will be released to the licensed employee.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.40—LICENSED PERSONNEL DUTIES AS MANDATED REPORTERS

It is the statutory duty of school district employees to:

The duty of mandated reporters to report suspected child abuse or maltreatment or serious and imminent threats to the public is a direct and personal duty, 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 or that form the basis of the serious and imminent threat to the public; 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,; that a serious and imminent threat to the public exists; or to rule out such a belief.

Employees and volunteers who notify the Child Abuse Hotline or who report serious and imminent threats to the public to law enforcement 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 from directly reporting suspected child abuse, maltreatment, or a serious and imminent threat to the public, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline or law enforcement.

Date Adopted: May 11, 2009
Last Revised: May 18, 2023

3.41—LICENSED PERSONNEL VIDEO SURVEILLANCE AND OTHER MONITORING

The Board of Directors 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, automatic identification, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel.

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 restrooms or dressing areas where an expectation of bodily 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 and other technologies authorized in this policy 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, automatic identification, or data compilations 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, automatic identification, or data compilation devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.

Video recordings and automatic identification, or data compilation records may become a part of a staff member’s personnel record.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.42—OBTAINING AND RELEASING STUDENT’S FREE and REDUCED PRICE

MEAL ELIGIBILITY INFORMATION

Obtaining Eligibility Information
A fundamental underpinning of the National School Lunch and School Breakfast Programs (Programs) is that in their implementation, there will be no physical segregation of, discrimination against, or overt identification of children who are eligible for the Program's benefits. While the requirements of the Programs are defined in much greater detail in federal statutes and pertinent Code of Federal Regulations, this policy is designed to help employees understand prohibitions on how the student information is obtained and/or released through the Programs. Employees with the greatest responsibility for implementing and monitoring the Programs should obtain the training necessary to become fully aware of the nuances of their responsibilities.

The District is required to inform households with children enrolled in District schools of the availability of the Programs and of how the household may apply for Program benefits. However, the District and anyone employed by the district is strictly forbidden from requiring any household or student within a household from submitting an application to participate in the program. There are NO exceptions to this prohibition and it would apply, for example, to the offer of incentives for completed forms, or disincentives, or negative consequences for failing to submit or complete an application. Put simply, federal law requires that the names of the children shall not be published, posted, or announced in any manner.

In addition to potential federal criminal penalties that may be filed against a staff member who violates this prohibition, the employee shall be subject to discipline up to and including termination.

Releasing Eligibility 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 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.

Date Adopted: May 11, 2009
Last Revised: June 27, 2019

3.43—DUTY OF LICENSED EMPLOYEES TO MAINTAIN LICENSE IN GOOD

STANDING

It is the responsibility of each licensed employee, and not the district, to keep the employee’s license continuously renewed with no lapses in licensure, and in good standing with the State Board of Education. Failure of a licensed employee to do so will be grounds for termination.

Date Adopted: May 11, 2009
Last Revised: April 23, 2012

3.44—LICENSED PERSONNEL WORKPLACE INJURIES and WORKERS’

COMPENSATION

The district provides Workers’ Compensation (WC) 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 the District’s Human Resource’s designee. The injured employee will then be instructed to notify the district’s worker’s compensation claims administrator to report their injury at 1-855-769-7900 or use the 24-hour online reporting form www.arsba.org/page/insurance. An injured employee must fill out a Form N and the District’s Human Resource’s designee will determine whether to report the claim or to file the paperwork if the injury requires neither medical treatment or lost work time. While many injuries will require no medical treatment or time lost at 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.

The District may discipline an employee, up to and including termination of the employee’s contract, if it is discovered that the employee:

  1. Deliberately made false statements concerning the origin of an injury or the circumstances surrounding the injury; or
  2. submitted a WC claim that the employee knew to be based substantially or entirely on false information.

An employee shall not be disciplined solely because the District’s WC carrier denied the employee’s WC claim.

For injuries requiring medical attention, the district will exercise its right to designate the initial treating physician and an injured employee will be directed to seek medical attention, if necessary, from a specific physician or clinic. In addition, employees whose injuries require medical attention shall submit to a drug test, which shall be paid at the District’s WC’s carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of WC benefits.

A WC absence may run concurrently with FMLA leave (policy 3.32) when the injury is one that meets the criteria for a serious health condition. To the extent that WC benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to one hundred percent (100%) of the usual contracted daily rate of pay. If the health care provider treating the employee for the WC 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.” As a result, the employee may lose his/her WC payments, but 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.

Employees who are absent from work in the school district due to a WC claim may not work at a non-district job until they have returned to full duties at their same or equivalent district job; those who violate this prohibition may be subject to discipline up to and including termination. This prohibition does NOT apply to an employee who has been cleared by his/her doctor to return to "light duty" but the District has no such position available for the employee and the employee's second job qualifies as "light duty".

To the extent an employee has accrued leave and a WC claim has been filed, an employee:

Date Adopted: June 8, 2009
Last Revised: April 12, 2021

3.45WF—LICENSED PERSONNEL SOCIAL NETWORKING AND ETHICS

Definitions
“Social Media Account” means a personal, individual, and non-work related account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations, such as Facebook, Twitter, LinkedIn, Instagram.

“Professional/education Social Media Account” means an account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations, such as Facebook, Twitter, LinkedIn, Instagram.

“Blogs” means a type of networking and can be either social or professional in their orientation. Professional blogs are encouraged and can provide a place for teachers to post homework, keep parents up-to-date, and interact with students concerning school-related activities. Social blogs are discouraged to the extent they involve teachers and students in a non-education oriented format.

Policy
Technology used appropriately gives faculty new opportunities to engage students. District staff is encouraged to use educational technology, the Internet, and professional/education social networks to raise student achievement and to improve communication with parents and students. Technology and social media accounts also offer staff many ways they can present themselves unprofessionally and/or interact with students inappropriately.

It is the duty of each staff member to appropriately manage all interactions with students, regardless of whether contact or interaction with a student occurs face-to-face or by means of technology, to ensure that the appropriate staff/student relationship is maintained. This includes instances when students initiate contact or behave inappropriately themselves.

Public school employees are, and always have been, held to a high standard of behavior. Staff members are reminded that whether specific sorts of contacts are permitted or not specifically forbidden by policy, they will be held to a high standard of conduct in all their interactions with students. Failure to create, enforce and maintain appropriate professional and interpersonal boundaries with students could adversely affect the District’s relationship with the community and jeopardize the employee’s employment with the district.

The Division of Elementary and Secondary Education (DESE) Rules Governing the Code of Ethics for Arkansas Educators requires District staff to maintain a professional relationship with each student, both in and outside the classroom. The School Board of Directors encourages all staff to read and become familiar with the Rules. Conduct in violation of the DESE Rules Governing the Code of Ethics for Arkansas Educators, including, but not limited to conduct relating to the inappropriate use of technology or online resources, may be reported to the Professional License Standards Board (PLSB) and may form the basis for disciplinary action up to and including termination.

Staff members are discouraged from creating personal social media accounts to which they invite students to be friends or followers. Employees taking such action do so at their own risk and are advised to monitor the site’s privacy settings regularly.

District employees may set up blogs and other professional/education social media accounts using District resources and following District guidelines to promote communications with students, parents, and the community concerning school-related activities and for the purpose of supplementing classroom instruction. Accessing professional/education social media during school hours is permitted.

Staff is reminded that the same relationship, exchange, interaction, information, or behavior that would be unacceptable in a non-technological medium, is unacceptable when done through the use of technology. In fact, due to the vastly increased potential audience digital dissemination presents, extra caution must be exercised by staff to ensure they don’t cross the line of acceptability. A good rule of thumb for staff to use is, “if you wouldn’t say it in class, don’t say it online.”

Whether permitted or not specifically forbidden by policy or when expressed in an adult-to-adult, face-to-face context, what in other mediums of expression could remain private opinions, including “likes” or comments that endorse or support the message or speech of another person, when expressed by staff on a social media website, have the potential to be disseminated far beyond the speaker’s desire or intention. This could undermine the public’s perception of the individual’s fitness to educate students, thus undermining the teacher’s effectiveness. In this way, the expression and publication of such opinions could potentially lead to disciplinary action being taken against the staff member, up to and including termination of the contract of employment.

Accessing social media websites for personal use during school hours is prohibited, except during breaks or preparation periods. Staff is discouraged from accessing social media websites on personal equipment during their breaks and/or preparation periods because, while this is not prohibited, it may give the public the appearance that such access is occurring during instructional time. Except when expressly authorized by the employee’s job duties, staff shall not access social media websites using district equipment at any time, including during breaks or preparation periods, except in an emergency situation or with the express prior permission of school administration. Except when expressly authorized by the District employee’s job duties and when District procedures have been followed, all school district employees who participate in social media websites shall not post any school district data, documents, photographs taken at school or of students, logos, or other district-owned or created information on any website. Further, the posting of any private or confidential school district material on such websites is strictly prohibited. The posting of prohibited material or posting without following proper procedures may result in disciplinary action against the District employee, up to and including termination.

Privacy of Employee's Social Media Accounts
In compliance with A.C.A. § 11-2-124, the District shall not require, request, suggest, or cause a current or prospective employee to:

  1. Except as permitted below, disclose the username and/or password to his/her personal social media account;
  2. Add an employee, supervisor, or administrator to the list of contacts associated with his/her personal social media account;
  3. Change the privacy settings associated with his/her personal social media account; or
  4. Retaliate against the employee for refusing to disclose the username and/or password to his/her personal social media account.

The District may require an employee to disclose his or her username and/or password to a personal social media account if the employee’s personal social media account activity is reasonably believed to be relevant to the investigation of an allegation of an employee violating district policy; local laws and rules; or federal laws and regulations. If such an investigation occurs, and the employee refuses, upon request, to supply the username and/or password required to make an investigation, disciplinary action may be taken against the employee, which could include termination of the employee’s contract of employment with the District.

Notwithstanding any other provision in this policy, the District reserves the right to view any information about a current or prospective employee that is publicly available on the Internet.

In the event that the district inadvertently obtains access to information that would enable the district to have access to an employee’s personal social media account, the district will not use this information to gain access to the employee’s social media account. However, disciplinary action may be taken against an employee in accordance with other District policies for using district equipment or network capability to access such an account. Employees have no expectation of privacy in their use of District-issued computers, other electronic devices, or the use of the District's network. (See policy 3.28—LICENSED PERSONNEL TECHNOLOGY USE POLICY)

Cross-reference: 3.28—LICENSED PERSONNEL TECHNOLOGY USE POLICY

Date Adopted: April 11, 2011
Last Revised: April 12, 2021

3.46WF—LICENSED PERSONNEL VACATIONS

Two hundred forty (240) day contracted employees are credited with ten (10) days of vacation at the beginning of each fiscal year; this is based on the assumption that a full contract year will be worked. If an employee fails to finish the contract year due to resignation or termination, the employee’s final check will be reduced at the rate of eight hundred thrity-three thousandths (0.833) days per month, or major portion of a month, for any days used but not earned.

240 day contracted employees that begin employment during a fiscal year will earn vacation time on a prorated basis so that all vacation anniversary dates are July 1.

Instructional employees may not generally take a vacation during instructional time. All vacation time must be approved, in advance to the extent practicable, by the superintendent or appropriate supervisor. If a vacation is requested, but not approved, and the employee is absent from work in spite of the vacation denial, disciplinary action will be taken against the employee, which may include termination. Any days used in excess of the vacation days accumulated will be subject to deduction from regular salary and must be approved by the Superintendent prior to the time of leave.

All vacation time must be used before the end of the fiscal year (June 30th) during the year it is received with the exception of five (5) days which may be carried forward. No employee shall be entitled to more than fifteen (15) days of vacation as of the first day of each fiscal year (July 1). Employees terminating (resigning/retirement) service at the end of the fiscal year will take all received vacation time prior to termination. Employees leaving due to a reduction in force may use all received vacation time prior to the end of the fiscal year. There shall be no cash surrender value for unused vacation time.

Date Adopted: April 11, 2011
Last Revised: June 12, 2024

3.47WF—DEPOSITING COLLECTED FUNDS

From time to time, staff members may collect funds in the course of their employment. It is the responsibility of any staff member to deposit such funds they have collected daily into the appropriate accounts for which they have been collected. The Superintendent or his/her designee shall be responsible for determining the need for receipts for funds collected and other record keeping requirements and of notifying staff of the requirements.

Staff that use any funds collected in the course of their employment for personal purposes, or who deposit such funds in a personal account, may be subject to discipline up to and including termination.

Cross References: 7.7WF—DEPOSITING COLLECTED FUNDS
8.39WF—DEPOSITING COLLECTED FUNDS

Date Adopted: April 11, 2011
Last Revised: June 12, 2024

3.48WF—LICENSED PERSONNEL WEAPONS ON CAMPUS

Except as permitted by this policy, no employee of this school district, including those who may possess a “concealed carry permit,” shall possess a firearm on any District school campus or in or upon any school bus or at a District designated bus stop.

Employees who meet one or more of the following conditions are permitted to bring a firearm onto school property:

Possession of a firearm by a school district employee who does not fall under any of the above categories anywhere on school property, including parking areas and in or upon a school bus, will result in disciplinary action being taken against the employee, which may include termination of the employee.

Other Weapons
An employee may possess a pocket knife which for the purpose of this policy is defined as a knife that can be folded into a case and has a blade or blades of less than three (3) inches or less each

Employees are expected to safeguard allowable items the employee possesses in such a way as to ensure they are not possessed by students. Such items are not to be used against students, parents, or other school district employees. Possession of weapons, knives, or self-defense items that do not comply with the limits contained herein; the failure of an employee to safeguard such items, or the use of such items against students, parents, or other school district employees may result in disciplinary action being taken against the employee, which may include termination of the employee.

A person in the State of Arkansas who is a Civil War reenactor may bring a Civil War era weapon onto campus with the prior permission of the building principal. If the weapon is a firearm, the firearm must be unloaded.

Date Adopted: April 8, 2013
Last Revised: June 27, 2019

3.49—TEACHERS' REMOVAL OF STUDENT FROM CLASSROOM

Note and advisement: This policy is adopted by the Board of Directors in order to bring the District into compliance with the Division of Elementary and Secondary Education rules concerning student discipline, and to incorporate the provisions of A.C.A. § 6-18-511. However, teachers should be aware that federal law governing a student's Individual Education Program (IEP) or 504 plan, or status as an individual with a disability will supersede Arkansas law. In many cases, removing a student from a classroom due to behavioral problems, will violate a student's IEP, violate a student's 504 plan, or constitute discrimination against the student due to a disability that affects the student's ability to conform his or her behavior. Teachers have been successfully sued for IEP and 504 plan violations in other jurisdictions, and teachers need to understand that violating a student's rights is outside of the scope of his or her employment, and no insurance is available or provided by the school district for either legal defense or to pay a money judgment. Teachers who rely on this law and this policy to exclude a student with special needs or a disability are assuming a grave personal risk.

Definitions

"Appropriate interim learning environment" means an appropriate learning environment that is used for a period of time not to exceed ten (10) days.

"Appropriate learning environment" means a setting within the District that provides a similar structure to the following, without limitation:
1. A classroom; or
2. In-school suspension.

"Violent or abusive behavior" means, without limitation:
a. Using threatening language;
b. Throwing an item that risks or causes:
· Harm to another individual;
· Injury to another individual; or
· Damage to property;
c. Physically abusing a teacher or another student; or
d. Any other similar action that presents a physical danger or a threat of physical danger to a teacher or another student.

A Teacher may, but is not required to, remove a student from class:
· Who has been documented by the teacher as repeatedly interfering with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn; or
· Whose behavior is so unruly, disruptive, violent, or abusive that it seriously interferes with the teacher’s ability to teach the students, the class, or with the ability of the student’s classmates to learn.

A student who is removed from class shall:
o Be sent to the office of the principal or the principal’s designee;
o Be escorted from the classroom by the school administration if the student refuses to leave the classroom voluntarily;
o Not be returned to the teacher's class until a conference is held; and
o Be placed in another appropriate classroom learning environment until the conference is completed.

The conference shall be held for the purpose of:
1. Determining the causes of the problem that lead to the student’s removal and possible solutions;
2. Serving as a manifestation determination review if the student removed from the class is a student with a disability;
3. Determining if a behavioral threat assessment is necessary for the student who was removed from the class due to violent behavior.

The following individuals shall be present at the conference:
a. The principal or the principal's designee;
b. The teacher;
c. The school counselor;
d. A 504/special education representative (if applicable);
e. The parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis; and
f. The student, if appropriate.
The failure of the parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis to attend the conference shall not prevent the conference from being held nor prevent any action from being taken as a result of that conference.

Following the conclusion of the conference, the principal or the principal’s designee may take any of the following actions against a student who was removed from class:

A student who is removed from class three (3) times during the same school year shall be placed in another appropriate learning environment for the remainder of the school year.

The District shall follow all requirements under the IDEA and 504 for students with a disability, including those surrounding a change in placement.

Date Adopted: April 8, 2013
Last Revised: February 4, 2026

3.50—ADMINISTRATOR EVALUATOR CERTIFICATION

Continuing Administrators
The Superintendent or designee shall determine and notify in writing by August 31 of each year those currently employed administrators who will be responsible for conducting Teacher Excellence and Support System (hereinafter TESS) summative evaluations who are not currently qualified to fulfill that role. All currently employed administrators so notified shall have until December 31 of the contract year to successfully complete all training and certification requirements for evaluators as set forth by the Division of Elementary and Secondary Education (DESE). Any administrator who is required to obtain and maintain TESS evaluator certification, as a term and condition of employment who fails to do so by December 31 of any contract year may have their contract terminated or not recommended for renewal. No administrator may conduct a summative evaluation unless they have successfully completed all training and certification requirements for evaluators required by the DESE.

Newly Hired or Promoted Administrators
All newly hired or newly promoted administrators, as a term and condition of their acceptance of their contract of employment for their administrative position, are required to obtain and maintain evaluator certification for TESS on or before December 31 of the initial administrative contract year, unless they are explicitly excused from such a contractual requirement by board action at the time of the hire or promotion. Any newly hired or newly promoted administrator who is required to obtain and maintain TESS evaluator certification, as a term and condition of employment who fails to do so by December 31 of any contract year may have their contract terminated or not recommended for renewal. No administrator may conduct a summative evaluation unless they have successfully completed all training and certification requirements for evaluators required by the DESE.

Date Adopted: June 10, 2013
Last Revised: June 27, 2019

3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES

“School Bus” is a motorized vehicle that meets the following requirements:

  1. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
  2. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

Any driver of a school bus shall not operate the school bus while using a device to browse the internet, make or receive phone calls or compose or read emails or text messages. A school bus driver may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device to communicate with the District’s central dispatch or transportation center. In addition, if the school bus is safely off the road with the parking brake engaged, exceptions are allowed to call for assistance due to a mechanical problem with the bus, or to communicate with any of the following during an emergency:

In addition to statutorily permitted fines, violations of this policy shall be grounds for disciplinary action up to and including termination.

Date Adopted: April 29, 2014
Last Revised: June 27, 2019

3.52—WRITTEN CODE OF CONDUCT FOR EMPLOYEES INVOLVED IN

PROCUREMENT WITH FEDERAL FUNDS

For purposes of this policy, “Family member” includes:

No District employee, administrator, official, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds, including the District Child Nutrition Program funds if a conflict of interest exists, whether the conflict is real or apparent.  Conflicts of interest arise when one or more of the following has a financial or other interest in the entity selected for the contract:

  1. The employee, administrator, official, or agent;
  2. Any family member of the District employee, administrator, official, or agent;
  3. The employee, administrator, official, or agent’s partner; or
  4. An organization that currently employs or is about to employ one of the above.

Employees, administrators, officials, or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements including, but not limited to:

1) Entertainment;
2) Hotel rooms;
3) Transportation;
4) Gifts;
5) Meals; or
6) Items of nominal value (e.g. calendar or coffee mug).

Violations of the Code of Conduct shall result in discipline, up to and including termination. The District reserves the right to pursue legal action for violations.

All District personnel involved in purchases with Federal funds, including child nutrition personnel, shall receive training on the Code of Conduct. Training should include guidance about how to respond when a gratuity, favor, or item with monetary value is offered.

Date Adopted: April 13, 2015
Last Revised: June 27, 2019

3.53—LICENSED PERSONNEL BUS DRIVER END of ROUTE REVIEW

Each bus driver shall walk inside the bus from the front to the back to make sure that all students have gotten off the bus after each trip. If a child is discovered through the bus walk, the driver will immediately notify the central office and make arrangements for transporting the child appropriately. If children are left on the bus after the bus walk-through has been completed and the driver has left the bus for that trip, the driver shall be subject to discipline up to and including termination of the employee's classified contract.

Date Adopted: April 29, 2014
Last Revised:

3.54 - TEACHING DURING PLANNING PERIOD AND/OR OF MORE THAN THE MAXIMUM NUMBER OF STUDENTS PER DAY

A fifth (5th) through twelfth (12th) grade teacher may enter into an agreement with the District to teach:

1) An additional class in place of a planning period; and/or
2) More than one hundred fifty (150) students per day.

A teacher who agrees to teach more than the maximum number of students per day is still bound by the maximum number of students per class period in the Standards for Accreditation and the Division of Elementary and Secondary Education (DESE) Rules Governing Class Size and Teaching Load. A fifth (5th) through twelfth (12th) grade teacher may not teach more than the maximum number of students per day as set in the Standards and the DESE rules for teachers of fifth (5th) through twelfth (12th) grade without receiving additional compensation unless the course being taught is one that meets the definition of a course that lends itself to large group instruction.

A fifth (5th) through twelfth (12th) grade teacher who enters into an agreement with the District shall receive compensation based on the teacher’s:

1) Hourly rate of pay for the loss of a planning period; and/or
2) Basic contract that is pro-rated for every additional student they teach over the maximum number of students permitted per day.

A teacher who wishes to enter into an agreement for numbers 1, 2, or both above must sign an agreement with the District prior to the teacher giving up his/her planning period or teaching more than the maximum number of students per day. A teacher shall not be eligible to receive compensation until after the agreement has been signed. The maximum length of the signed agreement between the teacher and the District shall be for the semester the agreement is signed.

Neither the District nor the teacher is obligated to:

Date Adopted: May 26, 2015
Last Revised: May 18, 2023

3.55—LICENSED PERSONNEL USE OF PERSONAL PROTECTIVE EQUIPMENT

Employees whose job duties require the use or wearing of Personal Protective Equipment (PPE) shall use or wear the prescribed PPE at all times while performing job duties that expose employees to potential injury or illness. Examples of PPE include, but are not limited to:

Employees operating a school-owned vehicle that is equipped with seat belts for the operator shall be secured by the seat belt at all times the employee is operating the vehicle. If the vehicle is equipped with seat belts for passengers, the employee operating the vehicle shall not put the vehicle into motion until all passengers are secured by a seat belt. Employees traveling in, but not operating, a school-owned vehicle that is equipped with seat belts for passengers shall be secured by a seat belt at all times the vehicle is in motion.

Employees who fail to use or wear the prescribed PPE required by their job duties put themselves and co-workers at risk of sustaining personal injuries. Employees who are found to be performing job duties without using or wearing the necessary PPE required by the employee’s job duties may be disciplined, up to and including termination.

A supervisor may be disciplined, up to and including termination, if the supervisor:

  1. Fails to ensure the employee has the prescribed PPE before the employee assumes job duties requiring such equipment;
  2. Fails to provide an employee replacement PPE when necessary in order for the employee to continue to perform the job duties that require the PPE; or
  3. Instructs the employee to perform the employee’s job duties without the prescribed PPE required by those job duties.

An employee shall not be disciplined for refusing to perform job duties that require the employee to use/wear PPE if:

  1. The employee has not been provided the prescribed PPE; or
  2. The PPE provided to the employee is damaged or worn to the extent that the PPE would not provide adequate protection to the employee.

An employee’s immediate supervisor is responsible for providing the employee training on the proper use, care, and maintenance of any and all PPE that the employee may be required to use.

Date Adopted: March 12, 2018
Last Revised:

3.54F - TEACHING INSTEAD OF PREPARATORY PERIOD AND/OR EXTRA DAILY STUDENTS CONTRACT ADDENDUM

The West Fork School District (District) and _______________ (Teacher) enter into the following contract addendum:

  1. Teacher has agreed to teach a class on ________ instead of a preparatory period from _____ through _____;

  2. District agrees to pay Teacher for the loss of Teacher’s preparatory period in the amount of _______.

  3. District agrees to pay Teacher for those students who enroll and attend Teacher’s class that are in excess of the Standard’s maximum daily number of students at the per student per day amount of ______;

  4. District agrees to pay teacher _____________________________________________;

  5. This addendum between District and Teacher is in addition to and separate from any other contract between District and Teacher; and

  6. District and Teacher agree that this contract shall be effective for the current semester and that future semesters shall require District and Teacher to enter into a new contract.

Teacher’s Signature: __________________________ Date: _________

Superintendent’s Signature: _____________________ Date: _________

Board President’s Signature: ____________________ Date: _________

Date Adopted: March 14, 2016
Last Revised: May 18, 2023

3.56WF—TEACHER PAY PERIOD

The regular monthly payday for licensed employees will be the twentieth (20th) day of each month. If the twentieth (20th) falls on a weekend or holiday, payday will be the last contracted day preceding the twentieth (20th).

Licensed employees will be paid their annual contract salary in twelve (12) installments. Those paid the first (1st) installment in August will receive one (1) check each month through May and two (2) checks in June: June 20th and June 30th. Those paid the first installment in July will receive one check each month.

The district offers direct deposit of paychecks. For those not choosing direct deposit, unforeseen circumstances such as inclement weather may, in rare cases, delay receipt of paychecks. Also, if the 20th falls during Spring Break there could be a delay in receipt of paychecks due to the central office closing.

Date Adopted: March 10, 2008
Last Revised: April 22, 2019

3.57 - LICENSED PERSONNEL MATERNITY LEAVE

Pursuant to Act 904 of the 2025 Arkansas General Assembly and in collaborationwith the Division of Elementary and Secondary Education, the District provides up to twelve (12) weeks of paid maternity leave according to the following provisions in state law:

The employee is female, and the leave is to be used for maternity purposes following the:
1. Birth of an eligible employee’s biological child;
2. Placement of an adoptive child under one (1) year of age in the home of an eligible employee.; or
3. Foster placement of an infant under one (1) year of age in the home of an eligible employee.

An employee shall be eligible to take paid maternity leave under this policy if the:
· Individual was employed full-time by a public school for more than one (1) year immediately preceding the request for leave;
· Leave is taken within the first twelve (12) weeks of the cause for leave.; and
· Employee has not been disciplined for any leave abuse during the past year prior to the need for leave.

An employee shall only be eligible for a total of twelve (12) weeks of paid maternity leave when the leave is due to the adoption of a child, and the adoption is following the foster placement of the same child in the employee's home.

An employee shall be compensated at the employee’s daily rate of pay for each day that the employee is on parental leave.

Any day during the academic year designated as a day when academic classes will not be held, including holidays, shall not be counted when calculating:
A. The twelve (12) weeks from the cause for leave; or
B. The total number of days approved as parental leave.

Eligible leave taken under this policy shall run concurrently with leave under Policy 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE but shall be used before other forms of paid leave.

Cross Reference: 3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

Date Adopted: June 9, 2025
Last Revised:

3.58—LICENSED PERSONNEL USE OF ARTIFICIAL INTELLIGENCE

Definitions

“Artificial Intelligence (AI)” means a machine-based system that can, based on a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.

“AI Tools” means Software, hardware, or cloud-based applications that use AI to aid in tasks like content creation, data analysis, and personalized learning. For purposes of this policy, AI tools does not include items such as spell check or grammar check.

"Automated decision tool" means an AI tool that has been specifically developed and marketed, or specifically modified, to make or to be a controlling factor in making consequential decisions.

This policy governs the use of AI tools in classrooms, administrative functions, and decision-making processes by licensed employees and outlines the responsible and ethical use of integrated AI tools into teaching and administrative practices.

The use of AI tools by District licensed employees shall adhere to the following:
· The use of AI tools by licensed employees shall adhere to District policy; State and Federal law; State rules; and federal regulations governing data privacy; and
· The use of AI tools shall operate in a manner that allows staff, students, and parents to have the opportunity to access information on how AI tools are integrated in teaching and learning within the district.

Licensed employees may use AI tools to personalize learning, assist with lesson planning, and provide real-time feedback to students. Any use of AI tools shall be to complement, rather than replace, human instruction.

Any use of AI tools in the classroom shall be deployed in a way that considers equal access for all students, regardless of socioeconomic status, and shall not exacerbate inequalities. Licensed employees shall actively monitor AI tools for any signs of bias or inequitable treatment of students. Any AI tools that are used for student assessments shall be monitored for biases and regularly reviewed with the ultimate goal of impartiality. Automated writing evaluation and/or grading AI tools are required to provide feedback based on set learning indicators including, but not limited to: objectives, outcomes, goals, competencies, targets, success criteria, proficiency scales, rubrics, or other indicators. AI tools, including automated decision tools, shall not be the sole basis for decisions that significantly affect students, such as assignment of grades.

It is the responsibility of the District’s licensed employees to monitor AI tool usage and verify the use of the AI tools is in alignment with the district’s ethical guidelines and educational goals.

While AI tools, including automated decision tools, may be used to assist with administrative tasks, such as lesson planning, scheduling, data analysis, and managing student records, final decisions impacting students or employees must involve human oversight.

Employees are responsible for their use of AI tools and for safeguarding sensitive information. Employees shall report any security incidents or potential data breaches immediately to a supervisor or the IT department.

The failure to comply with this policy or a District policy governing the release of information may result in disciplinary action, up to and including termination.

Cross References: 3.6—LICENSED PERSONNEL EMPLOYEE TRAINING
4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION
4.64—STUDENT USE OF ARTIFICIAL INTELLIGENCE
5.10—ARTIFICIAL INTELLIGENCE
7.16—INFORMATION TECHNOLOGY SECURITY
8.49—CLASSIFIED PERSONNEL USE OF ARTIFICIAL INTELLIGENCE

Date Adopted: June 9, 2025
Last Revised:

3.59—ANTISEMITISM PROHIBITED

“Antisemitism” means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. Antisemitism may be expressed in speech; writing; visual forms; and actions, and employs sinister stereotypes and negative character traits.

The following are examples of actions, when taken as a whole, that may constitute antisemitism:
· The targeting of the state of Israel, conceived as a Jewish collectivity;
· Charging Jews with conspiring to harm humanity;
· Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;
· Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;
· Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;
· Denying the fact, scope, mechanisms (e.g. gas chambers), or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);
· Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;
· Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;
· Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor;
· Applying double standards by requiring of Israel a behavior not expected or demanded of any other democratic nation;
· Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis;
· Drawing comparisons of contemporary Israeli policy to that of the Nazis; or
· Holding Jews collectively responsible for actions of the state of Israel.
Antisemitism does not include criticism of Israel similar to the criticism leveled against any other country.

Discrimination and harassment based on antisemitism is expressly prohibited.

The District shall appoint an individual to act as the District’s Title VI Coordinator, who shall be responsible for investigating any complaints of discrimination or harassment based on antisemitism. The District shall:
1. Include contact information for the Title VI Coordinator in information that is provided to staff, students, and parents; and
2. Provide the following on the District website that may be accessed through a link titled “Antisemitism/Title VI”:
a. The District’s definition of antisemitism;
b. A statement that antisemitism is prohibited in the District’s educational programs and activities;
c. A statement that complaints of discrimination or harassment based on antisemitism may be filed with the Title VI Coordinator;
d. Contact information for the District’s Title VI Coordinator; and
e. Information on how to file a complaint of antisemitism with the Title VI Coordinator at the Arkansas Department of Education.

A student or a student’s parent may contact the District Title VI Coordinator directly with any complaints of discrimination or harassment based on antisemitism. District employees are responsible for timely notifying the District Title VI Coordinator of any complaints they receive or incidents they witness of discrimination or harassment based on antisemitism.

Complaints of discrimination or harassment based on antisemitism shall be investigated and handled in accordance with Policy 6.7—COMPLAINTS.

An employee who is found to have violated the provisions of this policy may be subject to discipline, up to and including termination.

The District Title VI Coordinator shall report an incident or complaint of discrimination or harassment under this policy to the Arkansas Department of Education Title VI Coordinator.

In addition to the filing of a complaint under this policy, complaints of discrimination or harassment based on antisemitism may be submitted directly to the Title VI Coordinator at the Arkansas Department of Education.

Nothing in this policy shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24.

Cross Reference: 6.7—COMPLAINTS

Date Adopted: June 9, 2025
Last Revised:

3.61WF—BENEFICIARY REIMBURSEMENT

In the event of the death of a faculty member, the beneficiary of the deceased will receive a one-time payment for accumulated sick leave. Compensation will be computed by multiplying the current rate of reimbursement as stated in the "Sick Leave Policy" times the accumulated days in the deceased employee's sick leave account. This is the same reimbursement given for sick leave upon retirement.

Date Adopted: March 8, 2004
Last Revised:

3.64WF—SALARY SCHEDULE FOR SUBSTITUTES WORKING FOR TEACHERS, SECRETARIES OR AIDES

Regular Substitute - $90.00

Full-Time Substitute - $130.00 per day for a long-term substitute, which is defined as the same classroom teacher for 30+ days who is certified as a long term substitute by ADE.

The substitute pay schedule will be upgraded from $90.00 to $100.00 per day once a regular substitute has taught ten (10) consecutive days for the same employee.

Date Adopted: November 14, 2005
Last Revised: October 13, 2025

3.65WF—COMMERCIAL DRIVER’S LICENSE FOR BUS DRIVERS

The School District will reimburse each driver for the actual cost for the CDL test and for license renewal. If the staff member leaves the district before one full year, the staff member must reimburse the school district the cost of the CDL test and for the license renewal.

Date Adopted: July 12, 1999
Last Revised: October 13, 2025

3.66WF—SOLICITATIONS BY STAFF MEMBERS

The School Board prohibits any employee of the District from directly or indirectly reaping personal profit or reward from the sale or purchase of goods or services to students in the District or to parents of such students, except as provided by law.

Date Adopted: March 8, 2004
Last Revised: