Policy Title Statement of Guiding Principles Code No. 400
The goal of the Board of Trustees is to provide an educational program of the highest possible standards. Success in attaining this goal is dependent in large measure upon the competency of the professional staff and of those who serve in direct supporting positions to the instructional program of the school.
It shall be the policy of the Board of Trustees to recruit and retain the highest caliber of professional personnel and non-certified employees.
It shall be the policy of the Board of Trustees to encourage the continued professional preparation of all certificated personnel.
It shall be the policy of the Board of Trustees to appoint all personnel only upon the recommendation of the Superintendent of Schools.
Date of Adoption:
January 13. 1993
Policy Title: Selection, Transfer, Reassignment Code No: 401
Section 1: Posting Vacancies
It is the intent of the District and Association that reasonable effort is made to provide professional employees with information regarding the establishment of new positions as well as vacancies in existing positions. Vacancies will be posted for all vacated or newly created coaching, athletic director, administrative, or certificated positions. Vacancies will be posted: in each school, through notification to the FEA president(s), and through certified e-mail distribution lists, as they occur throughout the school year. Notice of vacancies which occur when school is not in session shall be posted: at the District Office, available on the District Office telephone recording and included in any correspondence the District makes to its employees, including checks mailed during the summer. Such posting will include:
Grade level and subject matter
Building
Opening date
Closing date
All vacant positions are to be posted for in-District staff applicants and out-of-district applicants. In-District staff will have five (5) working days to submit a Notice of Interest for the vacant position. The Administrator will review all in-district Notices of Interest as outlined in Section 3 before interviews with out-of-district candidates can begin.
Section 2: Selection Process for In-District Applicants
When vacant positions occur and a transfer between buildings and/or changes in teaching are available, information on vacancies will be made available to all teachers as outlined in Section 1. In-District applicants, who have submitted a Notice of Interest, will be reviewed on the basis of professional expertise; which includes competency and qualifications of the applicant (Highly Qualified as defined by the State Board of Education), length of service in the District, and other relevant factors.
In filling vacant positions, first consideration will be given to qualified employees already employed by the Fruitland School District. The Board shall consider the recommendation of the administrator before filling the vacant position.
Section 3: Voluntary Transfer
Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another building may file a Notice of Interest at the District Office any time before the five (5) day posting deadline. The hiring administrator will review Notice of Interest forms and contact each teacher for a conference. Each in-district candidate will be notified if they will or will not be recommended to the Board for the vacant position. The in-district applicant may request a follow-up conference with the hiring administrator.
Teachers must notify their building administrator when they are being considered for an in-district transfer to another position in another building. Teachers are limited to one voluntary transfer per school year and are committed to that transfer for one school year at such time as the administrator notifies him/her that he/she will recommend the transfer request be approved.
Section 4: Involuntary Transfer
Any certificated employee affected by an involuntary transfer shall be notified immediately. Reverse seniority shall apply for involuntary transfers among persons with appropriate certification and abilities for the assignment. The administrator will schedule a conference with the employee to discuss the reassignment and/or other options. Any certificated employee affected by an involuntary transfer shall be released by the Board from his/her contract if he/she so requests.
HIRING
Section 1: Out of District
When a position becomes available after all transfers have been completed, applicants considered for the position will be interviewed by a hiring committee. The administrator will make his/her recommendation to the Superintendent. Applicants will be selected by the Board of Trustees upon the recommendation of the Superintendent.
All recommended applicants must have a valid certificate or be able to obtain a valid certificate and have it on file in the District Office at the beginning of the school year. Salary could be withheld if the certificate is not on file by September 10th of the given school year, unless other arrangements with the District Office have been previously made.
ADOPTED:
1979
REVISED:
3-9-92, 1-13-93, 3-10-08
Policy Title Professional Qualifications Code No. 401.1
All teachers employed by this district must hold a valid certificate for the position for which they are employed.
The responsibility for meeting requirements for a teaching certificate and keeping it continuously valid rests with the individual teacher.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Contracts Code No. 402
All teachers must sign a contract with the Board of Trustees at the time of their selection to their position in the district. Contracts will be in the form and manner prescribed by the State Board of Education and shall be for one year or for the remainder of a year.
Teachers have 15 days from the date the contract is delivered in which to sign and return it to the Board of Trustees.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-513
Revised 3/9/92, 1/13/93, 7/12/93
Policy Title Placement Code No. 402.1
Teachers will be assigned in their major or minor field in accordance with requirements of the State Board of Education and the Northwest Accrediting Association.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Supervision Code No. 402.3
Instructional personnel will be under the direct supervision of the building principal utilizing the Cooperative Appraisal Job Plan to include job targets and job description of the professional development plan.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Certificated Employee Evaluations Code No. 402.4
Effective evaluation systems recognize, promote and help develop effective and successful educators. Therefore, Fruitland School District No. 373 adopts this policy for certificated staff performance evaluations to ensure that all certificated personnel are evaluated on a fair and consistent basis. Multiple measures are utilized in which the evaluation criteria and procedures for the evaluation of certificated personnel are research based and aligned to Charlotte Danielson Framework for Teaching Second Edition to the extent possible. Pupil service staff evaluations will be aligned with the Charlotte Danielson Framework for Teaching Second Edition to the extent possible and/or aligned to the pupil service staff applicable national standards.
DEFINITIONS
“Certificated instructional employees,” also referred to as teachers, are those employees who are currently teaching in an Idaho K-12 classroom/school and hold a valid Idaho certificate.
“Certificated non-instructional employees” are those individuals who are required to hold a certificate, but do not meet the definition of instructional employees. Certificated non-instructional employees include those individuals who hold pupil personnel certificates.
“Pupil personnel certificate holders” are those individuals who serve as school counselors, school psychologists, speech-language pathologists, school social workers, school nurses and school audiologists.
“Nonrenewable contract personnel,” also referred to as annual contract employees, are those individuals who have been hired on a Category 1, Category 2 or Category 3 contract.
“Renewable contract personnel” are those certificated individuals who have been employed by this district for four (4) or more continuous years.
PURPOSE OF EVALUATIONS
The purpose for conducting employee evaluations is to improve student achievement by supporting teacher development. Evaluations assist in identifying employee strengths and weaknesses while providing direction and support for continued learning and professional development. Evaluations may also be used to document areas of improvement and to make decisions regarding personnel actions.
EVALUATION CRITERIA
The professional practice standards used in the evaluation model are based on Charlotte Danielson Framework for Teaching Second Edition and include:
1. Domain 1: Planning and Preparation
Demonstrating knowledge of content and pedagogy.
Demonstrating knowledge of students.
Setting instructional outcomes.
Demonstrating knowledge of resources.
Designing coherent instruction.
Designing student assessments
2. Domain 2: The Classroom Environment
Creating an environment of respect and rapport.
Establishing a culture for learning.
Managing classroom procedures.
Managing student behavior.
Organizing physical space.
3. Domain 3: Instruction and Use of Assessment
Communicating with students.
Using questions and discussion techniques.
Engaging students in learning.
Using assessment in instruction.
Demonstrating flexibility and responsiveness.
4. Domain 4: Professional Responsibilities
Reflecting on teaching.
Maintaining accurate records.
Communicating with families.
Participating in a professional community.
Growing and developing professionally.
Showing professionalism.
EVALUATOR
The building principal or designee will be responsible for evaluating certificated instructional staff and pupil personnel performance. All individuals responsible for evaluating certificated instructional staff and pupil personnel performance will receive training in conducting observations and evaluating effective teacher performance. Such individuals will be required to demonstrate proficiency in conducting evaluations by passing an assessment approved by the Idaho State Department of Education (SDE) prior to September 1, 2018 or by taking a 3-credit course in evaluation.
SOURCES OF DATA
Professional Practice
At least sixty-seven percent (67%) of the evaluation results in the evaluation for all certificated instructional employees will consist of evaluation results based on Professional Practice standards and will be aligned to the Charlotte Danielson Framework for Teaching Second Edition. The measures included within the Professional Practice portion of the evaluation will include a minimum of two (2) documented observations annually, with at least one (1) observation being completed by January 1 of each year. If a certified employee is unavailable for two documented classroom observations, due to situations such as long term illness, late year hire, etc., one documented classroom observation is acceptable. At least one of the following will also be included as a measure to inform the Professional Practice portion of all certificated instructional employee evaluations:
Parent/guardian input;
Student input; and/or
Portfolios.
Measure(s) chosen will be determined by the principal or supervisor.
Student Achievement
A portion of the evaluation results in the evaluation for all certificated instructional employees will consist of evaluation results based on multiple objective measures of growth in student achievement, using current and/or the immediate past year's data and may use one (1) year or both years' data.
EVALUATION PROCEDURES
All certified employees will be evaluated each year by June 1st.
Prior to the first observation, employees will be informed if their evaluator will be anyone other than the principal or immediate supervisor. Prior to the first observation, employee will be informed as to which measure will be used in the Professional Practice portion of the evaluation and which measures of student achievement will be used.
Prior to January 1, the evaluator will conduct a documented observation and provide feedback on the employee’s performance for the year thus far.
At the end of the year, by June 1st, the evaluator will conduct a second observation, will provide feedback on the employee's performance for the year thus far.
Non-Renewable Contract Employees
There will be a minimum of one (1) documented evaluation during each of the annual contract years of employment, which will be completed by the evaluator on or before June 1of each year. At a minimum, the evaluation will include two (2) documented observations, one (1) of which will be completed by January 1 of each year.
Renewable Contract Employees
There will be a minimum of one (1) documented evaluation conducted annually for each certificated instructional employee on a renewable contract, which will be completed by the evaluator on or before June 1 of each year. At a minimum, the evaluation will include two (2) documented observations, one (1) of which will be completed prior to January 1 of each year.
Certificated Non-Instructional Employees
Evaluations will be differentiated for certificated non-instructional employees and pupil personnel certificate holders in a way that aligns with the Charlotte Danielson Framework for Teaching Second Edition to the extent possible.
COMMUNICATION OF RESULTS
A copy of each written evaluation will be submitted to the certified employee within five (5) school days following the formal evaluation. The certified employee will have the opportunity to attach a response to his or her evaluation within twenty-one (21) calendar days.
Certificated personnel evaluations will be considered permanent records and will be maintained in each employee’s personnel file. All evaluation records will be kept confidential as required by state and federal law. The rankings of individual certificated personnel evaluations will be reported annually to SDE as required for state and federal reporting purposes.
PERSONNEL ACTIONS
The following actions may result from the evaluation process if determined to be appropriate:
A letter of reprimand;
Renewal of employment contract;
A period of probation;
Reassignment;
Immediate discharge;
Renewal of the employment contract under a continued probationary status; and/or
Non-renewal of employment contract.
A letter of reprimand may be issued at any time, with or without a formal evaluation. Any recommendation to place an employee on a period of probation, discharge the employee immediately, discharge the employee upon termination of the current contract, or reemploy the employee at the end of the contract term under a continued probationary status contract must be approved by the board of trustees.
Nothing in this policy shall be read to impact the district’s right to immediately, without an evaluation or period of probation, discipline an employee up to and including immediate discharge for reasons other than unsatisfactory performance. All actions will comply with requirements and procedures established by State law.
APPEAL
When disagreement exists regarding the results of the evaluation, the affected employee is entitled to attach a rebuttal to his or her evaluation.
An employee who is placed on probation, immediately discharged, or not reemployed is entitled to full due process rights as provided by Idaho Code Sections 33-513 through 33-515.
MONITORING AND EVALUATION
The superintendent or designee is responsible for ensuring that the evaluation process is in compliance with state requirements and implemented consistently. The superintendent or designee will continually review and develop the district’s personnel evaluation system taking into account input from trustees, administrators, teachers, and parents where appropriate. Any changes to the district’s evaluation model will be approved by the board of trustees and submitted to the SDE for approval.
PROFESSIONAL DEVELOPMENT AND TRAINING
The district will provide ongoing training for evaluators/administrators and teachers regarding the evaluation standards, tools, and processes. All individuals responsible for evaluating certificated instructional staff and pupil personnel performance will receive training in conducting observations and evaluating effective teacher performance.
FUNDING
Funding will be allotted as needed for ongoing training and professional development.
COLLECTING AND USING DATA
Aggregate data may be considered part of this district’s and its individual schools’ needs assessment in determining professional development offerings. The district will report the rankings of individual certificated personnel evaluations to the SDE annually for state and federal reporting purposes.
INDIVIDUALIZED TEACHER EVALUATION RATING SYSTEM
Evaluations will be used to identify employee proficiency and record professional growth over time. The individualized teacher rating system will have a minimum of three (3) rankings used to differentiate performance of teachers and pupil personnel certificate holders including:
Unsatisfactory = 1
Basic = 2
Proficient = 3
Distinguished = 4 (optional under State law)
LEGAL REFERENCE:
Idaho Code Sections
9-340, et seq. – Records Exempt from Disclosure
33-514 – Issuance of Annual Contracts
33-515 – Issuance of Renewable Contracts
33-518 – Employee Personnel Files
IDAPA – Rules Governing Uniformity
08.02.02.007 – Definitions
08.02.02.026 – Administrator Certificate
08.02.02.027 – Pupil Personnel Services Certificate
08.02.02.120 – Local District Evaluation Policy – Teacher and Pupil Personnel
Idaho Department of Education Guidelines found at: http://www.sde.idaho.gov/site/teacherEval/
Adopted:
1979, 3/92, 1/93, 11/09, 6/12, 12/12, 10/13, 7/13/15, 7/31/17, 11/15/17
Revised:
2/12/18
Policy Title Professional Conduct of Instructional Personnel Code No. 402.5
All teachers are urged to keep acceptable standards of ethics in mind at all times. The Professional Standards Commission Code of Ethics is an excellent guide for professional conduct. Willful violation of any professional code or standard of ethics or conduct adopted by the State Board of Education is grounds for revocation of a teacher's certificate.
A valuable teacher not only gives good instructional performance, but also gets along well with colleagues, administrators, parents and pupils.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title: Staff Grievance Procedure Code No: 403
A complaint is an assertion by an employee that there has been a violation, misinterpretation, or inequitable application of district policies, the negotiated agreement, regulations and procedures, existing laws, or other actions that adversely and directly affect the employee and/or his/her work.
It is the intent of this procedure that employee complaints will be identified and corrected at the earliest possible time, and at the lowest level of supervision. The employee has ten (10) working days to file a complaint after the perceived violation, misinterpretation, or inequitable application of district policies, the negotiated agreement, regulations and procedures, existing laws, or other actions that adversely and directly affect the employee and/or his/her work.
Complaint processing should be viewed as a positive and constructive effort which seeks to establish the facts upon which the complaint is based and to come to a fair conclusion. Employees will not be discriminated against nor will reprisal be attempted against an employee because he/she filed a complaint.
Procedures
Complaints will be processed according to the step-by-step procedures outlined below:
1. Working Site – Level 1
A complaint will be presented orally and informally to the immediate administrator/supervisor (i.e. Department Head, Director, Assistant Principal, Principal). If the complaint is not promptly resolved, it will be reduced to writing and submitted to the immediate administrator/supervisor. A copy of the complaint will also be submitted to the superintendent by the complainant.
Within five (5) work days of receiving the complaint, the immediate administrator/supervisor will render a decision, in writing, to the complainant and the person or persons originally involved in the complaint.
(If applicable) After receiving the decision at Step b, the complainant may appeal the decision, in writing, to the appropriate director, administrator, or administrative assistant.
The administrator/supervisor will, within five (5) workdays of receipt of the appeal, investigate and render a decision, in writing, to the Complainant, the immediate supervisor, and to the person or persons originally involved in the complaint.
2. District – Level 2
After receiving the decision at Level one (1), the complainant may appeal the decision, in writing, to the superintendent, or official designee.
The superintendent, or official designee, will, within ten (10) workdays of receipt of the appeal, investigate and render a decision, in writing, to the complainant, the administrator, or immediate supervisor, and to the person or persons originally involved in the complaint.
3. Advisory Committee Review – Level 3
After receiving the decision at Level Two (2), the complainant may appeal the decision, in writing, to the superintendent or official designee, requesting a District Grievance Advisory Committee review. (The District Grievance Advisory Committee shall consist of four (4) district employees: 1) the superintendent, 2) one member selected by the aggrieved employee, 3) one member selected by the person the grievance is being filed against, 4) and the fourth member being selected by the original three committee members.) The superintendent will be an ex-officio non-voting member of the committee. If the superintendent is party to the original complaint, a suitable replacement will be determined by committee members.
The District Grievance Advisory Committee, will, within ten (10) work days of selection, investigate and render a decision, in writing, to the complainant, and to the person or persons originally involved in the complaint.
4. Governing Board – Level 4
After receiving the decision at Level Three (3), the complainant or the person or persons originally involved in the complaint may appeal the decision, in writing, to the Board of Trustees.
The Board will schedule the matter for a review within twenty (20) work days following receipt of the appeal. The complainant shall have the right to present such witnesses and evidence as he/she deems necessary to develop facts pertinent to the grievance at the review.
The Board will render a decision within ten (10) work days after the review and such decision will be deemed final.
ADOPTED:
1979
REVISED:
3-9-92, 1-13-93, 1-14-97, 3-10-08
Policy Title Provision Code No. 403.1
When there is a problem involving a teacher and a member of the administration in one of the steps, this step may be bypassed and the problem referred to the next.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Length of Working Day of Instructional Personnel Code No. 404
Teachers are to be at school by 8:00 a.m. and back from the noon recess 5 minutes prior to class time. Teachers may leave at 3:30 p.m. in the afternoon. Teachers are assigned to hall duty or bus duty from time to time--this may require their presence earlier in the morning or later in the afternoon. Schedules for duty assignments will be published by the building principal.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93, 4/9/01
Policy Title Absence During Day of Instructional Personnel Code No. 404.1
Teachers are not to leave the building during the school day without first clearing it with the Principal. No class shall be left unattended.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Tenure of Instructional Personnel Code No. 405
Under the Renewable (Continuing) Contract Law, the Board of Trustees must notify all teachers under contract who are now serving in their third, or later, consecutive year in the district, on or before May 25th, whether the Board will offer them a contract for the coming year. If no notice is given, the teacher is automatically rehired. Teachers have until June 15th, to advise the Board whether or not they will accept a new contract. Contracts must be signed and returned ten (10) working days after it is issued. Such acceptance must be in written form.
Date of Adoption: Legal Reference (Code of Idaho)
1979 33-515
Revised 3/9/92, 7/13/92, 1/13/93
Policy Title Salary Schedule for Instructional Personnel Code No. 406
The Board, along with the representative teacher organization, shall review and/or revise the salary schedule annually within the limitations of the financial capacity of the district, and the new schedule will become effective upon their approval.
The salary category is determined by the number of years of service and degree held by the teacher by September 15th of each school year; the status will be determined by the transcripts on file in the Clerk's office. The status of a teacher will not change after September 15th of each school year.
The salary will be paid in 12 equal installments on the 25th day of each month.
Copies of the current salary schedule, together with the identified benefits, are attached to this policy statement and are made part of it.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-1219 and 33-1271 through 33- 1276
Revised 3/9/92, 1/13/93, 7/12/93, 5/9/94, 6/3/94, 10/10/94
Policy Title Certificated Salary Schedule Code No. 406.1
Date of Adoption:
October 10, 1994
Revised 5-22-97, 5-21-98, 6-14-99, 6-12-00, 6-11-01, 6-10-02, 10/14/02, 6/9/03, 8/13/07, 6/14/10
Policy Title Professional Negotiations - Instructional Personnel Code No. 407
All communications shall be through the Superintendent of Schools to the Board of Trustees and from the Board of Trustees to the Instructional Staff.
The Board of Trustees recognizes that teaching is a profession and recognizes the teachers' rights to join or refrain from joining professional organizations.
The Board of Trustees may, on its own initiative, or shall, upon the request of a local organization, enter into a negotiation agreement with professional employees and negotiate in good faith on those matters specified in any such negotiations agreement. The local education organization must represent a majority of the professional personnel. Negotiations proceedings will be held in Executive Session upon request of either party.
Accurate records or minutes must be kept of all negotiation proceedings, and shall be available at the district offices for public inspection during normal business hours. Joint ratification of all final offers of settlement shall be made in open meetings.
The local education organization may appoint one or more of their members to represent the local organization, in which case the Superintendent or his appointee will negotiate for the Board of Trustees. In the event that the teachers hire or bring in a professional negotiator, the Board of Trustees will be free to also hire professional help to represent the Board. A teacher or representative of the teachers may meet with the Board at a regular or
special meeting by arrangement with the Superintendent. All proceedings will be in accordance with State statutes.
Principals are considered to be part of management and are excluded from the teachers organization for purposes of negotiation proceedings.
Date of Adoption:1979
Revised 3/9/92, 1/13/93
Policy Title: Sick Leave for Instructional Personnel Code No. 408
All certificated employees of this district shall be entitled to sick leave with full pay of one (1) day for each month of service, as projected for the employment year. If the employee works less than full-time, but more than half time (.5) FTE the sick leave will be prorated proportionately to the time worked. Sick leave shall not be provided to those certificated employees whose contract is for one-half (.5) or less FTE. Substitute teachers shall not be entitled to sick leave unless they are working more than half of the instruction hours in a month. In no event shall the board provide compensation for unused sick leave.
It is the intent of the board that employees shall use sick leave only for illness or injury to the employee; medical provider appointments; illness of the employees’ immediate family, limited to spouse, children, siblings, parents, grandparents, grandchildren, and the same relatives of the employee’s spouse.
MEDICAL DOCUMENTATION
The board may require proof of illness adequate to protect the district against malingering and false claim of illness. The superintendent or designee may require proof of the employee’s ability to return to work following an illness or injury.
ACCUMULATION OF SICK LEAVE
Unused sick leave may be accumulated from year to year, unlimited, as long as an employee remains continually in the service of this district. Accumulated sick leave from another Idaho school may be transferred to this district.
TERMINATION OF EMPLOYMENT
Termination of employment shall terminate sick leave rights.
Legal Reference: Idaho Code
Date of Adoption: 1979 33-1216; 33-1217; 33-1218
Revised 12/12/88, 9/10/90, 2/15/91, 6/6/91,
3/9/92, 1/13/93, 6/13/94, 6/11/01, 8/9/04, 8/14/2006
Policy Title Pay for Substitute Teachers Code No. 408.1
The Board of Trustees will set the pay scale for substitute teachers annually with no increase in the amount for extended substituting.
Date of Adoption:
November 13, 1989
Revised 9/10/90, 3/9/92, 1/13/93
Policy Title Professional Leave Code No. 408.2
Each certified employee has two days per year for professional leave of absence for workshops, conferences, seminars and/or classes. These days will be granted if the following criteria are met:
A suitable substitute can be found.
A written request is submitted five (5) working days in advance of the requested date(s).
Lesson plans and substitute folders are completed and submitted to the principal one (1) working day in advance of the requested date(s).
Additional professional leave of absence without loss of pay may be granted if the following criteria are met:
A suitable substitute can be found.
A written request and explanation is submitted five (5) working days in advance of the requested date(s).
Lesson plans and substitute folders are completed and submitted to the principal one (1) working day in advance of the requested date(s).
Superintendent approval.
The Superintendent shall grant certified employees professional leave of absence days to attend meetings of the state teacher’s association. The total number of these days granted for all certified employees shall not exceed ten (10) days.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93, 11/11/96, 6/10/02
Policy Title Maternity Leave for Instructional Personnel Code No. 408.3
Maternity cases will be decided by the Board on the same basis as any other illness. The teacher will be expected to forfeit 1/190th of the annual salary for each day of leave over the accumulated sick leave.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Personal Leave for Instructional Personnel Code No. 408.4
Certified personnel desiring personal leave are to request this leave in writing to the building principal. Teachers may be granted personal leave if a substitute is available. Personal leave for all other certified personnel will be at the discretion of the building principal.
Authorization for the leave will be given to certified personnel by the building principal. Up to five (5) days of personal leave may be taken during the year. The district will deduct the rate of a substitute teacher from the certified personnel's pay for the 4th and 5th day of leave, if used. Personal leave is not cumulative and is defined as leave to attend to matters of a personal nature.
These days of personal leave may not be used the first two weeks of school or the last two weeks of school without previous arrangement with the building principal.
At the end of the school year, certificated employees have the option to be reimbursed for unused personal days of the three (3) paid by the school district. Each reimbursable personal day will be valued at the rate of a substitute teacher. Certified employees seeking the reimbursement for unused personal days must do so, in writing, by May 15th of the school year. The reimbursement for unused personal days will be included in the certified staff's June paycheck.
Date of Adoption:
January 14, 1974
Revised 7/79, 3/92, 1/93, 7/93, 10/94, 11/96, 6/02, 3-12-12, 1-16-17, 2/13/17
Policy Title Vacations and Holidays for Instructional Personnel Code No. 408.5
Contracts for teachers in the Fruitland School District are drawn for 190 days. Teachers are expected to attend teachers' meetings prior to the start of school; and they are expected to be available for student registration. Holidays will be determined by the Board in accordance with the requirements of state statute.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title: Sick Leave Bank Code No: 408.6
Each professional employee of this district may participate in the sick leave bank. To participate, each employee shall contribute a prescribed number of his/her earned sick leave days as determined by the sick leave bank committee. Deposits to the sick leave bank may be made from September 1st to October 15th . Deposits may be called for during the year if the bank falls below 20 days. Sick leave days thus contributed shall be deducted from the individuals sick leave entitlement.
The contributed sick leave days shall form a fund of sick leave days that will be available to all eligible participating professional employees upon recommendations of the sick leave bank committee for the purpose of alleviating the hardship caused by absence from work necessitated by extended or recurring physical disability resulting from illness or injury extending beyond the professional employee’s accumulated sick leave.
Application for use of the sick leave bank days from the bank shall be submitted to the sick leave bank committee for its recommendation. The committee shall meet within 72 hours of the request and determine the eligibility of the employee. If the committee deem necessary, it shall require proof of illness at the time of application and, from time to time, after a grant has been made.
In order for a professional employee to be eligible to apply for sick leave benefits from the Sick Leave Bank, the employee must first: (1) be a contributor to the bank, (2) have used all of his/her paid personal leave days, and (3) have used all of his/her sick leave or if the employee has more than 50 days of accumulated leave and has used 20 of those days; the committee may grant four (4) days for every two (2) of their own that is used.
For the initial year of operation, each participating employee shall contribute one (1) day of his/her accumulated sick leave days to the sick leave bank. Each subsequent year of the bank’s operation, the sick leave bank committee shall determine the number of sick leave days each participant must contribute in order to keep the bank solvent. The number of accumulated sick leave days an employee may contribute to the bank shall be limited to 100% of the employee’s sick leave days.
The maximum number of days that can be granted in any one fiscal year will be ninety (90) days. In no case will the granting of leave cause an employee to receive more than his/her annual salary for that year.
Bank grants to individual employees will not be carried over from one fiscal year to another; all such grants will end at the termination of the school year. If a professional employee does not use all of the days granted by the bank, the unused sick leave days will be returned to the bank.
The Sick Leave Bank Committee shall consist of two (2) members appointed by the representative teacher organization, and two (2) members appointed by the Board, excluding the Superintendent. In case of a tie vote on a request, the Superintendent will cast the deciding vote. The committee members shall develop and distribute rules and procedures for the orderly administration of the bank not inconsistent with the terms of this agreement. The committee shall be responsible for reporting to the district’s accounting office the names of contributors and the number of days contributed. It shall report all days granted by the bank and all other information necessary for the employee’s records.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
SICK LEAVE BANK CONTRIBUTION FORM
I wish to contribute ___________________________________ day/days to the sick leave bank.
_________________________________________ ________________________
Name Date
Adopted:
10-1994
Revised:
7-2005, 11-2010
Policy Title Bereavement Policy for Instructional Personnel Code No. 408.7
Certified instructional personnel shall be granted leave of absence for death in the immediate family (spouse, children, brother, sister, mother, father, grandparents, grandchildren, in-laws (same members of spouse's family as listed above) not to exceed five days at any one time.
There will be no loss of pay for this leave, and it is not cumulative or deductible from sick leave or personal leave. Requests for such leave should be directed through the Principal to the Superintendent.
Date of Adoption: Legal Reference: (Code of Idaho)
November 14, 1994 33-1216
Policy Title College Credit Payment for Instructional Personnel Code No. 409
Effective July 1, 1998, the district will pay up to $75.00 per one (1) college credit or the actual cost of the credit with a maximum of six (6) paid in five (5) years for recertification. Proof must be provided with a receipt and a transcript in order to be reimbursed. This is renewable by the Board each year.
Date of Adoption:
December 12, 1988
Revised 6/6/91, 3/9/92, 1/13/93, 6/08/98
Policy Title Graduate Study Leave for Instructional Personnel Code No. 409.1
Sabbatical leave may be considered on an individual basis by the Board of Trustees. The District may not guarantee a position for personnel leaving the school system for a full school term.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Resolution Delegating Power to Superintendent to Suspend Employees Code No. 410
WHEREAS, The Board of Trustees is granted the power to suspend employees by Idaho Code Section 33-513(5);
WHEREAS, The Board is of the opinion that there are times that it is in the best interest of the District to have an employee suspended immediately by a member of the administrative staff without the necessity of waiting to take such action at a meeting of the Board of Trustees; and
WHEREAS, The Board desires to grant nonexclusive authority to the Superintendent of the District to suspend employees and to bring such matter immediately to the Board for review and action.
NOW THEREFORE, BE IT RESOLVED, That the Board of Trustees of School District No. 373 hereby grants nonexclusive authority to its Superintendent to suspend employees of the District from their employment with pay.
BE IT FURTHER RESOLVED, That upon making any suspension the Superintendent shall immediately notify the Chairperson of the Board and shall bring such matter before the entire Board at its next regular meeting (or earlier if the Board desires) together with his recommendation for disposition of the matter at which time the Board shall approve and ratify, modify or terminate said suspension.
Date of Adoption: Legal Reference: (Code of Idaho)
May 16, 1995 33-513(5)
Policy Title Dismissal Procedure for Instructional Personnel Code No. 411
Procedure on the question of the discharge of a teacher as prescribed in Sections 33-513 and 33-1213, Idaho Code.
Teachers who are not employed on a renewable contract will be supervised and shall have at least one (1) evaluation prior to the beginning of the second semester. When such teacher's work is found to be unsatisfactory, a probationary period may be established which shall continue until the time for reissuing of the yearly contract. The decision to place a teacher on probation may be made in executive session (not withstanding provisions of sections 67-2344 and 67-2345, Idaho Code). A record of the decision for probation will be placed in the teacher's personnel file. This procedure does not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable period of probation.
In all instances, the teacher shall be notified in writing of the areas of work which are deficient and setting forth the provisions of the probation.
Until the third year of continuous service, such certified personnel will be given notice, in writing, no later than the 15th day of June, whether he/she will be re-employed. If the Board of Trustees has decided not to re-employ the certificated employee, the notice will include the reasons for the decision. The employee, upon request, will be given the opportunity for an informal review of the decision by the Board of Trustees.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-513, 33-514, 33-1213
Revised 3/9/92, 1/13/93
Policy Title Teachers Holding a Renewable Contract Code No. 411.1
Upon receiving notice from the Superintendent or Principal, in writing, showing why the contract of a tenured, certificated employee should not be renewed or should be renewed at reduced salary, the Board of Trustees will give written notice to the employee of possible renewal or salary reduction. This notice will be given not later than the 1st day of April. The notice will contain the allegations as to why the contract may not be renewed and also the date for a hearing. The hearing will be held not less than 30 days, nor more than 45 days, after the receipt of the notice by the employee. The procedures for the hearing will be in accordance with those specified in section 33-513 (4), Idaho Code.
At the hearing, the Superintendent and/or Principal(s) must present evidence to substantiate the allegations contained in the notice.
The affected employee may be represented by legal council and/or a representative of a local or state teachers' association. The employee may submit evidence to refute the allegations. Any witness produced by either party will be subject to cross-examination. The Board of Trustees may also examine witnesses and be represented by council.
Within 15 days after the hearing, the Board will give its decision. If the Board finds that there is just cause not to renew the contract or to reduce the salary, the Board will state the reasons upon which it based the decision.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-1213, 33-513, 33-514
Revised: 3/9/92, 1/13/93
Policy Title Discharge During Contract Year - Certified Professional Employee Code No. 411.2
Under Idaho Code 33-513 (4), the Board of Trustees may suspend, grant leave of absence, place on probation, or discharge certificated professional personnel for continued violation of any lawful rules or regulations of the Board of Trustees or for any conduct which constitutes grounds for revocation of a teaching certificate.
Idaho Code 33-513 (4) states: "No certificated professional employee, except the Superintendent, shall be discharged during a contract term except under the following procedures:
The Superintendent or any other duly authorized administrative officer of the school district may recommend the discharge of any such employee by filing, with the Board of Trustees, written notice specifying alleged reasons for discharge.
Upon receipt of such notice, the Board shall give the affected employee written notice of the allegations and the recommendation of discharge, along with a written notice of a hearing before the Board prior to any determination by the Board of the truth of the allegations.
The hearing shall be scheduled to take place not less than six (6) days nor more than twenty-one (21) days after receipt of the notice by the employee. The date provided for the hearing may be changed by mutual consent.
The hearing shall be public unless the employee requests in writing that it be in executive session.
All testimony at the hearing shall be given under oath or affirmation. Any member of the Board or the clerk of the board may administer oaths to witnesses or affirmations by witnesses.
The employee may be represented by legal counsel and/or by a representative of a local or state teachers' association.
The Chairman of the Board or the designee of the chairman shall conduct the hearing.
The Board shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic or stenotype notes of all the testimony at the hearing. A transcript of the hearing shall be provided at cost by the Board upon request of the employee.
At the hearing the Superintendent or other duly authorized administrative officer shall present evidence to substantiate the allegations contained in such notice.
The employee may produce evidence to refute the allegations. Any witness presented by the Superintendent or by the employee shall be subject to cross-examination. The Board may also examine witnesses.
The parties may file written briefs and arguments with the board within three (3) days or such other time as may be agreed on if requested by either party or the board before the close of the hearing.
Within fifteen (15) days following the close of the hearing, the board shall determine and shall notify the employee in writing whether the evidence presented at the hearing established the truth of the allegations and whether the employee is to be discharged or retained.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-513, 33-514
Revised 3/9/92, 1/13/93
Policy Title Termination of Contracts - Instructional Personnel Code No. 411.3
A teacher who desires to be released from a contract shall submit, in writing, a resignation at least thirty (30) days in advance of the desired release date. Final decision for release will be made by the Board of Trustees.
In the event the contract is terminated by agreement of the parties hereto, then the teacher shall accept and receive as full compensation for all services such sum as shall be computed on the basis of 1/190th of the annual salary for each school day during which the contract has been performed.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Certificated Employees: Informal Review Procedure Code No. 411.4
The district will use the following procedure when a certificated employee is entitled to an informal review procedure, but not limited to, reassignment of an administrative employee, failure to rehire a Category 3 employee, and failure to reissue a supplemental contract.
The employee must request an informal review within ten (10) days of the date notice of reassignment is mailed or hand delivered to the employee. The employee will be given an opportunity to meet with the board in executive session within fifteen (15) days of the date the request for informal review is filed and explain why he/she disagrees with the board’s decision. The employee does not have the right to be represented by an attorney or a representative of the local or state teachers association, present evidence and cross-examine witnesses unless specifically agreed to by the board. The board will notify the employee, in writing, of its final decision in the matter within fifteen (15) days of the date of the informal review.
Date of Adoption: Legal Reference (Code of Idaho):
February 15, 2001 33-514, 33-515, 33-515A
Policy Title Retirement - Board Request Code No. 412
Under extenuating circumstances the board may request special retirement consideration from the Public Employees Retirement Board on behalf of any employee on renewable contract under Section 33-1212, Idaho Code, if the employee is fifty-five (55) years of age or older.
Certificated personnel shall retire from full-time teaching at the completion of the school year in which they reach the age of sixty-five (65), or if they will become 65 prior to September 1 of the next contract year.
The School Board shall reserve the right to re-employ retired teachers in the interest of the school district on a year-to-year contract basis, but not to extend beyond July 1 following the date they reach age seventy (70).
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-1212, 59-1316, 59-1336
Revised 3/9/92, 1/13/93
Policy Title Severance Allowance at Retirement Code No. 412.1
Upon separation from public school employment by retirement, an employee's unused sick leave shall be determined. A sum equal to 1/2 of the monetary value of unused sick leave, calculated at the rate of pay of the employee at the time of retirement, will be transferred by the school district to the public employee retirement system. This money will be credited to the employee's retirement account and shall be used to pay the premiums for such group insurance that is maintained by the (employing) school district. The determination of unused sick leave will be based on accumulated sick leave earned subsequent to July 1, 1976.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-1228
Revised 3/9/92, 1/13/93
Policy Title Administrative and Teaching Staff Seeking Elective Office Code No. 413
According to Idaho Code 67-5311, and as adopted by the State Board Policy, administrative and teaching staffs of the Idaho Public Schools and Universities and Colleges are not prohibited from seeking elective office.
The following local district policy sets forth procedure concerning the Idaho Code and State Board Policy.
All school days missed due to campaigning or legislative duty, said person shall have 1/190th of their annual salary withheld for each days absence.
Proportional amount of sick leave to be withheld, starting after the 15th day of absence.
District office must be notified, in writing, thirty (30) days prior to the 1st day of released time.
Date of Adoption: Legal Reference: (Code of Idaho)
September 11, 1972 67-5311
Revised 7/9/79, 3/9/92, 1/13/93
Policy Title Non-Instructional Personnel Defined Code No. 414
Non-instructional personnel is defined as those persons employed by the district for maintenance of buildings, custodial services, lunchroom personnel, bus drivers, secretaries and teacher aides. Job descriptions for all non-instructional personnel are on file at the District Office.
Non-instructional positions shall be considered in all respects "employment at will" and the employee is subject to discharge by the District at any time without cause. The "employment period" and other descriptions and terms set forth in the following job descriptions shall not create a property right in the employee and such are set forth only to advise the employee of when and what type of services will be required by the District so long as employment continues.
The Board of Trustees gives the Superintendent authority to terminate an ‘at will’ employee.
Date of Adoption:
1979
Revised 11/12/90, 3/9/92, 1/13/93, 8/14/95, 4/9/01
Policy Title Selection of Non-Instructional Personnel Code No. 414.1
Non-instructional personnel will be employed by the Board of Trustees upon recommendation of the Superintendent.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Assignment of Non-Instructional Personnel Code No. 414.2
Non-instructional personnel will be assigned by the Superintendent in accordance with the needs of the district.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Custodial Code No. 414.3
Each custodian (high school, middle school and grade school) is responsible for the maintenance, repair and care of his/her building. The custodians are under the supervision of the Head Custodian and the Superintendent of Schools, but must work closely with their building principal.
Custodians are employed for twelve months. The custodians will ordinarily work an eight-hour day. However, he/she may be required to perform extra services at night when the building is in use. Extra compensation will be given when extra activities require custodial service.
The hourly rate for custodians is set by the Board of Trustees in accordance with State and Federal labor laws, and will be reviewed annually.
Custodians are given one day of sick leave for each month of service. Accumulation of sick leave days is unlimited. The Board of Trustees may require proof of illness adequate to protect the district against malingering and false claim of illness.
Custodians will receive holidays as determined by the Superintendent and Board of Trustees. After one year of employment, ten working days (two weeks) vacation will be granted annually. After ten years of employment, fifteen working days (three weeks) vacation will be granted annually. Vacation days are not accumulative and must be used by June 30th of each year or they will be lost. Prior approval from the Head Custodian is required for vacation.
Date of Adoption: Legal Reference: (Code of Idaho)
May 14, 1979 33-1216; 33-1217; 33-1218
Revised 11/11/85, 12/12/88, 9/10/90, 2/15/91, 6/6/91, 3/9/92, 1/13/93, 8/9/93, 2/14/94, 6/13/94, 6/11/01
Policy Title Bus Drivers Code No. 414.4
Bus drivers are employed by the Board of Trustees upon recommendation of the Transportation Supervisor and Superintendent.
Each driver must obtain necessary license and present the health certificate required by the State of Idaho.
Bus drivers are employed for the nine (9) months that school is in session. Drivers will be assigned a regular route and, in addition, will drive for extracurricular activities according to the schedule prepared by the Transportation Supervisor.
Bus drivers will make a daily count of students hauled and turn in a report weekly to the office of the Superintendent.
The driver is responsible for maintaining discipline on his/her bus at all times. Disciplinary cases that cannot be handled in a routine manner first will be reported to the Transportation Supervisor, then, if necessary to the Principal or Superintendent.
Bus drivers shall adhere to all regulations of the Idaho State Transportation Manual.
A transportation policy is on file at the district office.
Date of Adoption:
1979
Revised 2/15/91, 3/9/92, 1/13/93
Policy Title: Drug/Alcohol Testing for Bus Drivers Code No.: 414.4a
This district has an interest in establishing a work environment free from the influence of drugs and alcohol for the benefit of its drivers, students and the public. This policy is adopted to ensure that the district’s transportation drivers are free from the effects of drugs and alcohol while at work or on district business. Questions pertaining to this policy will be directed to the superintendent or his or her designee.
DEFINITIONS
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.
Alcohol use: The consumption of any beverage, mixture, or preparation, including any medication containing alcohol.
Alcohol screening test: An analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate “negative” urine specimens from further consideration.
Confirmation test: A second test, following a screening test with a result of point zero two (0.02) or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, confirmation test means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Driver: Any person operating a school bus owned or operated by the district. This includes full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
Safety-sensitive function: Any activity by a bus driver during any period in which he/she is actually performing, ready to perform, or immediately available to perform bus driving duties.
Refusal to submit to a test means that a driver:
Fails to provide adequate breath for testing without a valid medical explanation;
Fails to provide adequate urine without a valid medical explanation;
Engages in conduct that clearly obstructs the testing process.
PROHIBITIONS
A bus driver for this district will not:
Report to duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of point zero four (0.04) or greater.
Be on duty or operate a school bus while in possession of alcohol.
Use alcohol while performing safety-sensitive functions.
Perform safety-sensitive functions within four (4) hours after using alcohol.
Use alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
Refuse to submit to a post-accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow-up alcohol or controlled substances test.
Report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a school bus.
Report for duty, remain on duty, or perform a safety-sensitive function if he/she tests positive for controlled substances.
REQUIRED TESTING
Pre-employment Testing
Prior to performing any safety-sensitive functions, a bus driver will undergo testing for alcohol and controlled substances. The test results from the pre-employment testing must show an alcohol concentration of less than point zero four (0.04), and a controlled substances test result indicating a verified negative result before a bus driver will be allowed to operate a school bus.
Annual Baseline Testing
This district requires all bus drivers to submit to testing for the presence of alcohol and/or controlled substances at least once annually.
Post-accident Testing
As soon as practicable following an accident involving a school bus, the bus driver operating the bus involved in the accident will be tested for alcohol and controlled substances if:
The accident involved the loss of human life;
Personal injury to another person required medical treatment away from the scene of the accident;
The bus driver incurred an injury;
Damage to property owned by the school district or a third party is estimated to exceed one thousand dollars ($1,000); or
The bus driver received a citation for a moving traffic violation arising from the accident.
A bus driver involved in a work-related accident requiring medical attention will inform his or her supervisor as soon as possible after the accident. Any needed alcohol or controlled substances tests may be promptly conducted in conjunction with his or her medical treatment. A bus driver who is injured in a work-related accident and is unable to provide a specimen for testing will authorize the release of relevant hospital reports or other documentation indicating the presence, or lack of, alcohol or controlled substances at the time of the accident.
A bus driver subject to post-accident testing will remain readily available for such testing or may be deemed by the school district to have refused to submit to testing.
A post-accident test for alcohol will be administered within two (2) hours following the accident if possible. No test for alcohol will be administered after eight (8) hours following the accident. A post-accident controlled substance test will be administered within thirty-two (32) hours following the accident.
If it is determined by the district’s administration that a bus driver’s accident was caused solely by unsafe conditions or by the actions of a third party, the school district reserves the right to waive post-accident testing unless the accident involved the loss of human life or the bus driver received a citation for a moving traffic violation arising from the accident.
Random Testing
A random test is a test that is unannounced and results in every bus driver having an equal chance of being selected for testing at any given time. The random selection method used by this district will consist of placing all drivers’ names into a hat and a name will be pulled out at intervals chosen by the superintendent or his or her designee. Such random testing may result in a driver being tested more than once a year.
The minimum annual percentage rate for random alcohol testing will be twenty-five (25) percent of the average number of bus driver positions. The minimum annual percentage rate for random controlled substances testing will be fifty (50) percent of the average number of bus driver positions. The minimum annual percentage rates set forth may change based upon the Federal Highway Administration’s yearly minimum annual percentage rates.
Each bus driver notified that he/she has been selected for random alcohol and/or controlled substances testing will immediately go to the testing site; provided, however, that if the bus driver is performing a safety-sensitive function at the time of the notification, the driver will proceed to the testing site as soon as possible.
A bus driver will only be tested for alcohol while the driver is performing safety-sensitive functions, just before the bus driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
Reasonable Suspicion Testing
A bus driver will be required to submit to an alcohol test and/or a controlled substances test when the district has reasonable suspicion to believe that the bus driver has violated this policy. The district’s determination that reasonable suspicion exists to require the bus driver to undergo an alcohol and/or controlled substances test will be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the bus driver.
Such observations will be made by a supervisor or district official having received a minimum of sixty (60) minutes of training on alcohol misuse and a minimum of sixty (60) minutes of training on controlled substance use. Said training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. The individual making the determination that reasonable suspicion exists will not conduct such tests.
A reasonable suspicion alcohol test is authorized only if the observations are made during, just preceding, or just after the period of the workday that the bus driver is required to be in compliance with this policy. No adverse employment action will be taken against a driver based solely on the driver’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.
DRUG TESTING PROCEDURES
The drug testing procedures will include, but not be limited to, the following controlled substances:
Cocaine;
Marijuana;
Opiates;
Amphetamines; and
Phencyclidine.
Urine samples collected under this policy will not be used to conduct any other analysis or test.
The collection site person is responsible for maintaining the integrity of the specimen collection and transfer process, and will carefully ensure the modesty and privacy of the driver, and will avoid any conduct or remarks that might be construed as accusatorial or otherwise offensive or inappropriate.
If, during the specimen collection process, the collection site person detects an effort by the driver to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided both will be tested. If the driver refuses to provide a second specimen the district will be so informed. Such conduct will be considered equivalent to testing positive and will result in an applicant not being offered employment with the district. A bus driver will have his or her employment with this district terminated in such a circumstance.
The entity or person(s) designated by this district to perform alcohol testing procedures and/or the specimen collection and analysis will strictly follow the Department of Transportation’s rules, provide the necessary qualified personnel, protect the integrity of the testing processes, safeguard the validity of the test results, maintain the strict confidentiality of the testing and test results with disclosure only to the employer and the employee, and ensure that those results are attributed to the correct driver.
RETENTION OF RECORDS
The following records will be retained for five (5) years:
Records of driver alcohol test results indicating an alcohol concentration of point zero two (0.02) or greater;
Records of driver verified positive controlled substances test results;
Documentation of refusals to take required alcohol and/or controlled substances tests;
Calibration documentation;
Driver evaluation and referrals; and
A copy of each annual calendar year summary.
The following records will be retained for two (2) years:
1. Records related to the alcohol and controlled substances collection process; and
2. All training records.
The following records will be retained for one (1) year:
Records of negative and canceled controlled substances test results; and
Alcohol test results with a concentration of less than point zero two (0.02).
CONFIDENTIALITY OF RECORDS
This district will not release bus driver information compiled pursuant to this policy except in the following circumstances:
A bus driver, upon written request, is entitled to receive copies of any records pertaining to the driver’s use of alcohol or controlled substances, including records of test results.
Results of all bus driver alcohol and/or controlled substances testing will be provided at the request of the Secretary of Transportation (DOT), any DOT agency, or any State or local officials with regulatory authority over the district or any of its bus drivers.
Records may be used in a lawsuit, grievance, worker’s compensation claim, unemployment compensation, or other proceeding initiated by or on behalf of a bus driver, and arising from the results of an alcohol and/or controlled substance test administered under this policy.
Records will be made available to a subsequent employer or other identified person upon receipt of a written request from a bus driver. The release of information is permitted only in accordance with the terms of an employee’s consent.
NOTIFICATION OF TEST RESULTS
This district will notify a bus driver of the results of a pre-employment controlled substances test if the bus driver requests the results within sixty (60) calendar days of being notified of the disposition of the employment application.
This district will notify a bus driver of the results of random, reasonable suspicion, and post-accident tests for controlled substances if the test results are verified positive. The employee will also be informed which controlled substance or substances were verified as positive.
In those instances where the medical review officer has been unable to contact the driver to discuss the results of a controlled substances test, the superintendent or designee will make reasonable efforts to contact and discuss the test results with the individual, regardless of employment status. The superintendent or designee will request that the individual contact the medical review officer within twenty-four (24) hours, and will also inform the medical review officer of such notification.
Each driver who has engaged in conduct which violates this policy will be advised of the resources available to the driver in evaluating and resolving the problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.
Each driver who engages in conduct which violates this policy will be evaluated by a substance abuse professional, at the driver’s own expense, who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.
SELF-REFERRAL
All bus drivers employed by this district who may consider themselves alcohol or controlled substances dependent will be encouraged to obtain an evaluation by a licensed substance abuse professional and seek treatment, if so recommended. This district will provide informational assistance in locating professional substance abuse counseling to any driver requesting such assistance.
Bus drivers undergoing alcohol or controlled substances rehabilitation will do so at their own expense (other than those expenses covered by the district’s insurance program), on their own time, or during an unpaid leave of absence approved by the district prior to taking the leave.
Any bus driver who demonstrates successful progress or completion of a recommended course of treatment may return to work only after passing an alcohol and/or controlled substances test at the driver’s expense. Any such driver will be expected to comply with all aspects of this policy.
POLICY VIOLATION CONSEQUENCES
Any individual who tests positive in the pre-employment test for alcohol (point zero four (0.04) or higher) or controlled substances will not be offered employment with this district. Any bus driver who tests positive for alcohol (point zero four (0.04) or higher) or controlled substances will have his or her employment with this district terminated.
No driver tested under this policy who is found to have an alcohol concentration of point zero two (0.02) or greater, but less than point zero four (0.04), will perform or continue to perform safety-sensitive functions for this district, until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours following administration of the test. No action will be taken under this policy against a driver based solely on test results showing an alcohol concentration less than point zero four (0.04).
The possession, use, purchase, or distribution of alcohol or controlled substances by a bus driver in a district vehicle, on district property, or during work hours is prohibited. Any bus driver who violates this prohibition will have his or her employment with this district terminated.
A bus driver’s off-the-job illegal use, manufacture, purchases, possession, or distribution of controlled substances, drug paraphernalia, or illegal use of alcohol resulting in criminal charges against the driver will result in the driver being requested to submit to alcohol and/or controlled substances testing. If the tests are positive, the driver will fall within the provisions of this policy. If a bus driver is convicted of the above-stated offense, the driver will have his or her employment with this district terminated.
Any driver who refuses to be tested, or fails to release or provide information as required by this policy, will have his or her employment with this district terminated.
CONCLUSION
The terms of this Transportation Workplace Alcohol and Drug Testing Program are intended to achieve a work environment where bus drivers are free from the effects of alcohol and/or controlled substances. The provisions of this policy may be revised as necessary. This district anticipates that by implementing the provisions of this policy, its drivers will enjoy the benefits of working in a safer and more productive environment.
Further information is available from the superintendent or designee concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem of a driver or a coworker; and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management.
Date of Adoption:
October 9, 2006 Legal Reference: (Code of Idaho) 72-1701, et seq.
Revised:
August 12, 2019
Policy Title: Bus Drivers Conduct Code No.: 414.4b
All school bus drivers and all school personnel dealing with transportation must be familiar with the provisions of state and federal transportation laws pertaining to the operation of school buses, and will at all times observe all policies set forth in the Pupil Transportation, Responsibilities, and Operations Manual.
REPORTS OF MISCONDUCT
In the event an individual reports to the superintendent or designee that he/she observed a bus driver engage in misconduct while driving a school bus and which would reasonably pose a threat to the safety of students and the public, the situation will be immediately assessed. If it is determined that a safety risk exists, appropriate action will be taken by the district, which may include immediate suspension and an immediate referral to local law enforcement to assure the safety of passengers on the bus and the public.
If the report of misconduct involves allegations that appear to involve drug or alcohol use by the bus driver, the bus driver’s supervisor or other trained district official will, as soon as possible, determine whether or not reasonable suspicion exists to require testing for drug or alcohol use pursuant to policy 744, Bus Driver Drug and Alcohol Testing Program.
ADOPTED: October 9, 2006 LEGAL REFERENCE:
Pupil Transportation & Responsibilities &
Operations Manual, Idaho State Dept. of Education.
Policy Title Building Secretaries Code No. 414.5
Secretaries are employed by the Board of Trustees upon recommendation of the Superintendent.
All secretaries must be high school graduates. Specific qualifications shall be listed by the Superintendent.
Secretaries are required to work 8 hours per day, Monday through Friday. Work hours will be determined by the respective building principal. Employment is for a period of 205 days.
Sick leave for secretaries will be one day per month employed. Accumulation of sick leave days is unlimited. The Board of Trustees may require proof of illness adequate to protect the district against malingering and false claim of illness.
Secretaries will be granted all legal holidays observed by the district.
Date of Adoption: Legal Reference: (Code of Idaho)
May 14, 1979 33-1216; 33-1217; 33-1218
Revised 11/11/85, 12/12/88, 9/10/90, 2/15/91, 6/6/91, 3/9/92, 1/13/93, 6/13/94, 5/14/01, 6/11/01
Policy Title Teacher Aide Code No. 414.6
Teacher Aides are employed by the Board of Trustees upon recommendation of the Superintendent.
All aides must be high school graduates. Specific qualifications shall be listed by the Superintendent.
Hours will be 8:00 a.m. to 3:30 p.m. five days a week. Employment is for a period of 180 days.
Sick leave for aides will be nine (9) days a year. Accumulation of sick leave days is unlimited. The Board of Trustees may require proof of illness adequate to protect the district against malingering and false claim of illness.
Teacher Aides will be granted all legal holidays observed by the district.
Date of Adoption: Legal Reference: (Code of Idaho)
May 14, 1979 33-1216; 33-1217; 33-1218
Revised 11/11/85, 12/12/88, 9/10/90, 2/15/91, 6/6/91, 3/9/92, 1/13/93, 6/13/94, 5/14/01, 6/11/01
Policy Title General Code No. 414.7
All employees are covered by compensation insurance under the state insurance fund. If you are injured on the job, report the injury to your supervisor immediately. A workman's compensation report must be filed at the district office within ten (10) days after the accident occurs.
Date of Adoption: Legal Reference: (Code of Idaho)
1979
Revised 3/9/92, 1/13/93, 12/14/93, 2/14/94
Policy Title Bereavement Policy for Non-Instructional Personnel Code No. 414.8
Non-Instructional personnel shall be granted leave of absence for death in the immediate family (spouse, children, brother, sister, mother, father, grandparents, grandchildren, in-laws (same members of spouse's family as listed above) not to exceed five days at any one time.
There will be no loss of pay for this leave, and it is not cumulative or deductible from sick leave. Requests for such leave should be directed through the Principal to the Superintendent.
Date of Adoption: Legal Reference: (Code of Idaho)
November 14, 1994 33-1216
Policy Title Working Guidelines for Teaching Assistants Code No. 414.9
WORKDAY:
Classified staff members are paid for a seven hour workday unless otherwise specified on their District Work Agreement.
The classified employee's workday mirrors the "Contract Day" for certified employees.
Under the existing contract, the certified employees' contract day is from 8:15 a.m. to 3:30 p.m.
Classified employees are granted a 30 minute lunch break each day.
On scheduled “early release days” to allow teachers extra non-instructional time such as Parent-Teacher Conferences, Curriculum Planning Days, and time for working on grades, classified employees must stay until 3:30 p.m. (3:00 p.m. on Fridays). On scheduled “early release days” for vacations, classified employees may leave as soon as students have left the building, unless they have late bus duty.
"Non Student Contact Days" (District In-Service Days or Workdays) are paid days for all employees and attendance is required.
*Classified employees in the Fruitland School District are typically paid for a seven hour day. The specified work day, without extra duties, is six (6) hours and forty-five (45) minutes long. Extra duties will make up for the discrepancies in hours.
DUTIES:
Duties are assigned by the building administrator or administration.
All classified employees may be asked or expected to perform student supervision duties.
Duties are defined as those times when student supervision is required outside the regular classroom setting.
Morning duties start at 7:30 a.m. in the lunchroom and 7:50 a.m. for outside duty. Both duties last until classes start (first bell). (Middle School)
After-school bus duty may last until the last bus transporting students home leaves the school grounds.
Duty schedules are made up for each month and distributed to all affected staff members.
Duties may be traded among staff members by mutual consent of all affected parties.
Date of Adoption: Legal Reference: (Code of Idaho)
May 11, 1998
Revised 12/13/99, 11/8/99
Policy Title: Sick Leave Bank for Classified Employees Code No. 414.10
Each classified employee of this district may participate in the Classified Employee’s Sick Leave Bank. To participate, each employee shall contribute a proscribed number of his/her earned sick leave days as determined by the Classified Employee’s Sick Leave Bank Committee. Deposits to the Classified Employee’s Sick Leave Bank may be made from September 1st to October 15th. Deposits may be called for during the year if the bank falls below 20 days. Sick leave days thus contributed shall be deducted from the individual’s sick leave entitlement.
The contributed sick leave days shall form a fund of sick leave days that will be available to all eligible participating classified employees upon recommendations of the Classified Employee’s Sick Leave Bank Committee for the purpose of alleviating the hardship caused by absence from work necessitated by extended or recurring physical disability resulting from illness or injury extending beyond the non-instructional employee’s accumulated sick leave.
Application for use of the Classified Sick Leave Bank days from the bank shall be submitted to the Classified Sick Leave Bank committee for its recommendation. The committee shall meet within 72 hours of the request and determine the eligibility of the employee. If the committee deems necessary, it shall require proof of illness at the time of application and, from time to time, after a grant has been made.
In order for a classified employee to be eligible to apply for sick leave benefits from the Classified Sick Leave Bank, the employee must first: (1) be a contributor to the bank; (2) have used all of his/her sick leave days, personal leave day and vacation days; (3) been employed for at least one full year, and (4) have been absent from work due to illness or accident.
For the initial year of operations, each participating employee shall contribute one (1) day of his/her accumulated sick leave days to the Sick Leave Bank. Each subsequent year of the Bank’s operation, the Classified Sick Leave Bank Committee shall determine the number of sick leave days each participant must contribute in order to keep the bank solvent. Other Sick Leave Banks within the district may contribute to this bank. The number of accumulated sick leave days an employee may contribute to the bank shall be limited to 100% of that employee’s sick leave days.
The maximum number of days that can be granted in any one fiscal year will be the remaining number of days an employee is scheduled to work under his/her current contract. In no case will the granting of leave cause an employee to receive more than his/her annual salary for that year.
Bank grants to individual employees will not be carried over from one fiscal year to another; all such grants will end at the termination of the school year. If a classified employee does not use all the days granted by the bank, the unused sick leave days will be returned to the Bank.
The Classified Sick Leave Bank Committee shall consist of three (3) members (one from each school) appointed by the non-instructional employees at a group meeting, and three (3) members (two (2) board members and one (1) administrator) appointed by the Board, excluding the superintendent. In case of a tie vote on a request, the superintendent will cast the deciding vote. The committee members shall develop and distribute rules and procedures for the orderly administration of the bank not inconsistent with the terms of this agreement. The committee shall be responsible for reporting to the district’s accounting office the names of contributors and the number of days contributed. It shall report all days granted by the bank and all other information necessary for the employee’s record.
SICK LEAVE BANK CONTRIBUTION FORM
CLASSIFIED EMPLOYEES
I wish to contribute day/days to the Classified Employee’s Sick Leave Bank.
Printed Name:____________________________________________ Date:________________
Signature:____________________________________________________
Date of Adoption: Legal Reference: (Code of Idaho)
November 9, 1998
Revised: 2/7/2002, 8/9/2004, 7/14/2014
Policy Title Sick Leave for Non-Instructional Personnel Code No. 414.11
In accordance with Idaho Code 33-1216, non-instructional employees are entitled to sick leave with full pay in the amount of one day per month of service, or major portion thereof, as projected for the employment year. Accumulation of sick leave days is unlimited, so long as the employee remains continuously employed with the district.
Employees working less than full-time shall be entitled to sick leave proportional to the FTE. Casual employees, such as substitute teachers, who are not regularly scheduled to work but are employed on an “as-needed” basis, will not receive sick leave.
It is the intent of the board that employees will use sick leave only for illness or injury to the employee; medical provider appointments; illness of the employee’s immediate family (spouse, children, siblings, parents, grandparents, grandchildren, and the same members of the spouse’s family).
In the event an employee does not have available sick leave and is requesting time off for the above reasons, the employee may use personal leave, accrued compensatory time, or leave without pay.
The district shall have the right, at the superintendent’s discretion, to require that the employee provide proof of illness or injury adequate to protect the district against malingering and false claims.
Date of Adoption: Legal Reference: (Code of Idaho)
1979 33-1216, 33-1217, 33-1218
Revised 12/12/88, 9/10/90, 2/15/91, 6/6/91, 3/9/92, 1/13/93, 6/13/94, 11/8/99, 6/11/01
Policy Title Overtime / Compensatory Time for Non-Instructional Personnel Code No.414.12
HOURS OF WORK AND OVERTIME
The normal workweek and hours may differ within the District. From time to time, circumstances may require that the employee work in excess of forty (40) hours during the workweek. Each non-exempt employee will be paid time and one-half (1 ½) the regular rate for hours worked in excess of forty (40) hours per week. The supervisor must approve overtime in advance. Unauthorized overtime may be subject to disciplinary action up to and including termination.
According to the federal Fair Labor Standards Act (FSLA), only actual hours worked are computed for purposes of determining hours worked for overtime calculation. It is not necessary to count vacation time, sick time, holiday time or any other time for which you are compensated but do not actually perform work when computing hours worked in a work week.
The supervisor must do any change in an employee’s daily schedule.
COMPENSATORY TIME
The District does not grant compensatory time to employees. Compensatory time is defined as: ‘time off granted to an employee during one pay period in consideration for time worked and “banked” in another pay period.’
Date of Adoption: Legal Reference: (Code of Idaho)
November 8, 1999,
Revised: 1/14/02
Policy Title: Personal Leave for Non-Instructional Personnel Code No: 414.13
Full-time non-instructional employees are given two days of “personal leave” per year. Employees working less than full-time shall be entitled to personal leave proportional to their FTE. Personal leave is defined as leave to attend to matters of a personal nature.
Unused personal leave days may not be carried over to the following year and are not allowed to accumulate.
Personal leave days may be used with the prior approval of the building principal. These days of personal leave may not be used the first two weeks of school and the last two weeks of school without previous arrangement with the building principal.
At the end of the school year, non-instructional personnel have the option to be reimbursed for unused personal leave. Each day will be valued at the rate of a substitute teacher. Non-instructional personnel seeking reimbursement for unused personal days must do so, in writing, by May 15th of the school year. The reimbursement for unused personal days will be included in the June paycheck.
Upon separation of employment from the Fruitland School District, personal days shall be forfeited and shall not be paid.
Adopted: Legal Reference:
11/99
Revised:
6/03, 9/04, 7/13/09, 6/7/15, 2/13/17
Policy Title Alcohol and Drug Free Policy Code No. 415
Purpose: The Fruitland School District No. 373 recognizes that the use of illegal substances is a very serious problem with physical, emotional, social and legal implications. The primary concern is the effect of illegal alcohol and drug abuse, including tobacco.
Policy: It is the policy of the Fruitland School District that the unlawful manufacture, distribution, dispersing, possession or use of a controlled substance or alcohol is prohibited in the workplace. It is a condition of employment and student enrollment that employees and students comply with this policy.
Procedure: In keeping with the Fruitland School District's commitment to provide an alcohol and drug free workplace, including tobacco, for its employees and students, the Fruitland School District shall investigate and take remedial action whenever there is reason to believe that the unlawful manufacture, distribution, dispersing, possession, or use of illegal substance, tobacco or alcohol is present.
If a violation has taken place, disciplinary action against the offending employee or student will follow. Appropriate action may include up to and including termination, and/or student dismissal.
Decisions associated with retention of an offending employee or student would include satisfactory participation in an alcohol or drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.
Any employee or student who is made aware of or suspects a prohibited incident is taking place shall report the matter to his/her supervisor. This matter will not be discussed with coworkers or persons not directly responsible for investigating the situation.
Violations of Criminal Drug or Alcohol Statutes Convictions
As required by Federal law, employees and students must notify their immediate supervisor of any criminal alcohol, tobacco or drug statute conviction for a violation occurring in the workplace no later than five (5) calendar days after such conviction.
Employees or students who are convicted under any criminal alcohol, tobacco or drug statute for a violation not occurring in the workplace or institution are also subject to disciplinary action, up to and including dismissal.
This policy complies with the requirements of P.L. 100-690 Title V, Section 1515.
Effective Date: This policy shall be effective August 13, 1990.
Date of Adoption: Legal Reference: (Code of Idaho)
August 13, 1990
Revised 3/9/92, 1/13/93, 7/12/93
Policy Title ________ Code No. 416
Date of Adoption : Legal Reference: (Code of Idaho)
Policy Title: Family and Medical Leave Act of 1993 Code No. 417
All eligible employees of this district may take leave as provided by the FMLA. The FMLA entitles eligible employees to take up to twelve (12) weeks of unpaid, job-protected leave during a twelve-month (12-month) period for specified family and medical reasons.
An eligible employee is defined as an individual who:
Has been employed by the district for at least twelve (12) months; and
Has been employed for at least one thousand two hundred fifty (1,250) hours of service during the twelve-month (12-month) period immediately preceding the commencement of the leave; and
Is employed at a worksite where fifty (50) or more employees are employed by the district within seventy-five (75) miles of the worksite.
For the purpose of determining eligibility for FMLA, the Fruitland School District will calculate the “twelve-month (12 month) period immediately preceding the commencement of the leave” as the calendar year.
BASIS FOR TAKING FMLA
FMLA leave may be taken by an employee for any of the following reasons:
To care for the employee’s child after birth or placement of a child with the employee for adoption or foster care;
If both spouses work for the district, they are jointly entitled to a combined total of twelve (12) weeks of unpaid leave for the birth or adoption of a child or children;
To provide care for the employee’s spouse, child, or parent, who has a serious health condition; or
For a serious health condition that makes the employee unable to perform the employee’s job.
HEALTH INSURANCE
The district shall maintain the same group health insurance during an employee’s FMLA leave. However, if an employee fails to return to work at the end of the twelve (12)-week period of leave for reasons other than a continuation of the serious health condition, a family member’s serious health condition, or another reason beyond the control of the employee, the district may recover those premiums under certain circumstances. If the employee is responsible for payment of a portion of the health insurance premium prior to the FMLA leave, that financial responsibility shall continue during the period of FMLA leave.
DEFINITIONS
“Child (son or daughter)” includes biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis (in place of parent). The child must be either under 18 years of age or, it over 18, incapable of self-care because of a mental or physical disability.
“Parent” includes a biological parent (not parent-in-law) or someone who stood in loco parentis when the employee was a child.
“Spouse” is a husband or wife, including a common-law husband or wife, but does not include a “significant other” or “domestic partner.”
“Serious health condition” is a condition that involves either in-patient care or “continued treatment” by a health care provider.
“Continued treatment” includes:
Any three (3)-day period of incapacity that involves: (a) at least two (2) visits to a health care provider; or (b) a regimen of continued treatment under a health care provider’s supervision;
Any period of incapacity due to pregnancy (including severe morning sickness), even if no treatment is obtained for prenatal care;
Any period of incapacity due to a chronic medical condition, such as asthma, diabetes, orepilepsy, even if no treatment is obtained;
Any period of absence to receive multiple treatments for restorative surgery or a serious illness such as cancer, severe arthritis, or kidney disease; or
Any permanent or long-term incapacity (e.g., Alzheimer’s or severe stroke), even if no treatment is being provided.
Any accrued paid leave used by an employee for absences which qualify for FMLA coverage will be counted as FMLA leave, unless the district determines otherwise.
The district will comply with the mandates of FMLA, including any special rules which may apply regarding the taking of intermittent leave or leave on a reduced leave schedule, or leave near the end of an academic term by instructional employees. Exhibits A and B set forth employees’ rights under this Act.
This district will post a notice approved by the Secretary of Labor explaining the rights and responsibilities under FMLA at the district offices.
Date Adopted: September 13, 1993 Legal Reference:
Revised: August 9, 2004 Idaho Code Section 33-1216
Family and Medical Leave Act of 1993
29 USC2654 & 29 CFR 825
Policy Title Employee Policy on Life-Threatening Illness Code No. 418
The Fruitland School District recognizes that employees with life-threatening illnesses including, but not limited to, cancer, heart disease, and AIDS, may desire to continue to engage in as many of their normal pursuits as their condition allows, including work. As long as these employees are able to perform essential job functions and medical evidence indicates that their conditions are not a direct threat to themselves or others, they will be encouraged to continue to work.
Date of Adoption:
February 14, 1994
Policy Title AIDS Policy (Acquired Immuno Deficiency Syndrome - HTLV III Viral Infections) Code No. 418.1
For the purpose of the guidelines set forth in this policy, the terms "infected individual" includes "infected students" and "infected employees". These terms are defined as those persons who have been diagnosed as having AIDS or ARC (AIDS Related Complex) and to persons who are asymptomatic carriers who have a virologic or serologic evidence of infection.
The determination of whether an infected employee (student) shall be permitted to work or associate with other school employees or students in the Fruitland School District shall be recommended by an evaluation team on a case by case basis to the Board of Trustees. The Board of Trustees shall consider the evaluation teams' recommendation and make a final non-precedential determination. The evaluation team shall be composed of public health personnel, the employee's physician, the employee's family, school district counsel, and appropriate school personnel as determined by the Board of Trustees. In making this recommendation, the team shall consider in each case: (1) the behavior, neurological development, and physical condition of the employee; (2) the expected type of interaction with others in the school setting; and (3) the risks and benefits to both the infected individual and others in the school setting.
Date of Adoption:
October 19, 1987
Revised 3/9/92, 1/13/93, 2/14/94
Policy Title: Sexual Harassment Policy Code No. 419
I. GENERAL STATEMENT OF POLICY
Sexual harassment is a form of sex discrimination which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended.
It is the policy of Fruitland Public Schools to maintain learning and working environment that is free from sexual harassment. The Fruitland Public Schools prohibits any form of sexual harassment.
It shall be a violation of this policy for any student or employee of Fruitland School District Number 373 to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.
The School District will act to investigate all complaints, formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student or employee of the School District.
II. SEXUAL HARASSMENT DEFINED
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
Submission to that conduct or communication is made a term of condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or educational environment. Any sexual harassment as defined, when perpetrated on any student or employee by any student or employee, will be treated as sexual harassment under this policy.
B. Sexual harassment may include, but is not limited to:
Verbal harassment or abuse;
Subtle pressure for sexual favors or activities
Inappropriate patting, pinching or touching
Demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;
Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status;
leering, whistling, touching, pinching, brushing the body, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures;
Continued or repeated sexual jokes, language, flirtations, advances or propositions;
Display in the buildings, grounds or work place of sexually suggestive objects, pictures, posters, cartoons, graffiti, or clothing;
Harassment constantly targeted at only one sex, even if the content of the verbal abuse is not sexual.
III. REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment by a student or an employee of the Fruitland School District, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to an appropriate School District official as designated by this policy. The School District strongly encourages the reporting party or complainant to put the allegation in writing as soon as possible.
A. In each building: The building principal is the administrator responsible for receiving oral or written reports of sexual harassment at their building level. The Transportation Supervisor, Maintenance Supervisor and Food Service Supervisor are the administrators responsible for receiving oral or written reports of sexual harassment in their respective departments. Upon receipt of a report, the administrator must notify the Superintendent immediately without screening or investigating the report. A written report from the administrator will be forwarded simultaneously to the Superintendent. If the report was given verbally, the administrator shall reduce it to written form within one working day and forward it to the Superintendent. Failure to forward any sexual harassment report or complaint will result in disciplinary action. If the complaint involves an administrator, the complaint shall be filed directly with the Superintendent.
B. District wide. The School Board hereby designates the Superintendent as the School District's Human Rights Officer to receive reports or complaints of sexual harassment from any individual, employee, student or victim of sexual harassment and also from the building principals as outlined above. If the complaint involves the Superintendent, the complaint shall be filed with the School District Board of Trustees. The School District will conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment will not affect the individual's future employment, work assignments, grades, or other educational opportunities.
The Fruitland School District will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the District's legal obligation and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
IV. INVESTIGATIONS AND RECOMMENDATIONS
By the authority of the School Board, the Superintendent, upon receipt of a report or complaint alleging sexual harassment, shall immediately authorize an investigation. This investigation may be conducted by the Fruitland School District Officials, or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent.
In determining whether alleged conduct constitutes sexual harassment, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.
The School District Human Rights Officer shall make a report directly to the School Board upon completion of the investigation.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a recommendation that the complaint is valid, the Fruitland School District will take such action as appropriate based on the results of the investigation.
B. The completion of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District.
VI. REPRISAL
The Fruitland School District will discipline any individual(s) who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment, real or implied.
VII. NON-HARASSMENT
The School District recognizes that not every advance or consent of a sexual nature constitutes harassment. Whether a particular action or incident is a personal social relationship, without a discriminatory employment effect, requires a determination based on all the facts and surrounding circumstances. False accusation of sexual harassment can have a serious detrimental effect on innocent parties.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Idaho Human Rights Commission, initiating civil action or seeking redress under state criminal statutes and/or federal law.
IX. SEXUAL HARASSMENT AS SEXUAL ABUSE
Under certain circumstances, sexual harassment may constitute sexual abuse under Idaho Child Welfare Code. In such situations, the Fruitland School District shall comply with the Idaho Statute concerning reporting suspected child abuse.
X. DISCIPLINE
Any school district action taken pursuant to this policy will be consistent with requirements of all applicable policies of the Fruitland School District. The Fruitland School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and prevent its recurrence.
Date of Adoption: Legal Code (Code of Idaho):
April 11, 1994 Section 703 Title VII of Civil Rights
Revised on: July 8, 2019 Act of 1964
Policy Title Workers' Compensation Benefits Code No. 420
All employees and volunteers of the District are covered by Workers’ Compensation benefits pursuant to, and in accordance with, the terms of the District’s Worker’s Compensation insurance policy. In the event of an injury or accident:
The injured employee shall immediately obtain first aid or emergency medical care as necessary to stabilize their medical condition. This treatment shall, to the extent possible, be in accordance with the requirements of the District’s Worker’s Compensation insurance policy.
Absent the need for emergency medical care, all school employees who require medical attention in the event of a workplace injury should communicate with the school’s Human Relations Director with regard to seeking out medical attention at one of the designated Occupational Health Clinics.
The injured employee shall promptly report the accident and injury to his or her immediate supervisor.
The employee shall, if possible, immediately remediate condition. If immediate remediation is not possible, the employee shall report the hazardous condition so it can be remediated as soon as possible.
The employee shall complete the District’s Worker’s Compensation report of injury forms with the District’s Human Resources Department within forty-eight (48) hours of the accident (unless prohibited by the employee’s medical condition, in which case the forms shall be completed as soon as the employee’s medical condition reasonably allows).
On behalf of the employee, the District’s Human Resources Department shall immediately report the injury and claim to the District’s Worker’s Compensation carrier to coordinate income, medical, and other benefits available to the employee under Idaho’s Worker’s Compensation Law.
In the event the employee is unable to work, the District shall allow the employee to take available sick leave benefits until the date that Worker’s Compensation income benefits are made available to the employee under the District’s Worker’s Compensation insurance policy.
The District’s Human Resources Department shall notify the immediate supervisor of the report and shall consult with the immediate supervisor when completing the required reports.
An employee who is injured in an industrial accident may be eligible for Workers’ Compensation benefits.
Upon receipt of a report of an accident, the District shall conduct an investigation to determine:
Whether continuing hazardous conditions exist that require remediation; and
Whether the employee’s work environment caused or contributed to the reported accident.
The employee is required to cooperate with the District’s Worker’s Compensation insurance carrier to coordinate and effectuate appropriate medical treatment and to secure other available Worker’s Compensation benefits, including but not limited to income benefits.
In all instances where an employee is unable to work as a result of an injury, the employee must obtain a written work release from their treating physician prior to returning to work. This release shall be provided to the employee’s immediate supervisor who will make a copy and provide the original to the Human Resources Department for placement in the employee’s personnel file.
Legal Reference: I.C. § 72-101, et seq. Workers’ Compensation Act
Policy History:
Adopted on: 7/31/17
Revised on:
Policy Title Crisis Management Policy Code No. 421
Through team intervention we feel the district can help staff maintain professionalism (team members supporting one another), help if litigation should develop and provide better safety for all involved. Through implementation of a district-wide crisis intervention program, we will begin to effectively deal with crisis situations in a confident, competent, and sensitive manner.
A crisis involves a critical trauma that has (or will) disrupt the normal process of the school day. A crisis situation is an individualized matter, and the disruption of the school will depend on a variety of factors. The loss may be dealt with easily or it may be more difficult. In either case, we must be prepared to handle these situations, whether large or small.
The crisis intervention principle is to do things "with the troubled individual" rather than "to" or "for" him/her. With that idea in mind, we can then look at some basic counseling principles and techniques to foster healthy feelings and attitudes concerning grief and loss. When used in conjunction with a detailed district-wide plan for action, these techniques and principles can be a positive beginning in an effective crisis management program.
The Crisis Team will consist of the following members:
ADMINISTRATOR/DESIGNEE: making sure crisis procedures are in operation and functioning effectively.
TEACHER(S): being alert to possible student problems and referring these problems to the proper resources.
COUNSELORS: working with the team to initiate strategies in the management of the crisis.
NURSE: acting as a consultant, and coordinating with faculty, parents, physician, and students regarding the health and welfare of the student population.
LAW ENFORCEMENT REPRESENTATIVE: aiding with the legal aspects of crisis management.
SCHOOL SECRETARY(IES): being alert to possible student problems and referring these to the proper resources.
PARENTS: become a part of the crisis management team when deciding the proper direction for the best treatment of the child. In case of death, the school coordinates with the parents regarding funeral attendance and school programs.
MINISTERIAL COUNCIL AND CHURCH REPRESENTATIVES: work with team to initiate strategies in the management of the crisis.
Crisis team members will meet annually, in order to review policy and receive any training necessary.
The following suggested procedures are intended to serve as guidelines to the team in dealing with tragic events that affect the total functioning of the school population (i.e. accidents, deaths, or disasters). The team may also need assistance in dealing with threats to individuals health and/or safety (i.e. suicide threats or gestures, threats against students or faculty members, out of control behaviors, etc.).
A. Ancillary team members are notified to report to the school to join other team members in dealing with the crisis.
The team members from each school will facilitate notification of staff members and faculty during a crisis.
Each team member will be responsible to call their assigned faculty or staff members.
B. The team meets with the principal acting as the team leader who informs the team of the known facts and helps formulate a plan of action. Duties are assigned to team members and communication procedures are established.
Date of Adoption: Legal Reference: (Code of Idaho)
October 10, 1994
Policy Title Fruitland School District Safety Policy Code No. 422
The safety and health of employees in the Fruitland School District is of primary importance. It is the company’s policy to provide safe and healthful working conditions and operating practices that will ensure a safe work environment for employees.
Accidents represent a needless waste of human resources and economic loss. A safe and healthful operation conserves human and material resources and is essential to efficient production.
All levels of management have a primary responsibility for the safety of all employees. The employee, in turn, is expected to adhere to the regulations by the company.
These responsibilities can be met only by working continuously to promote safe work practices among all employees and to maintain property and equipment in safe operating condition. By working together, we can maintain a safe working environment for all employees.
Date of Adoption:
May 13, 1996
Policy Title Criminal History Checks for School District Employees Code No. 423
The Fruitland School District will require all persons hired for the first time by the district or who have been employed by the district five (5) years or less, to undergo a criminal history check as provided in section 33-130, Idaho Code. All employees who are required to undergo a criminal history check shall obtain the history check within three (3) months of starting employment, or for employees with five (5) years or less with the district, within the three (3) months from the date the employee is notified that he/she must undergo a criminal history check. Such employees shall pay the cost of the criminal history check. If the criminal history check shows that the employee has been convicted of a felony-crime enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate termination, dismissal or other personnel action of the district, except that it shall be the right of the school district to evaluate whether an individual convicted of one (1) of these crimes and having been incarcerated for that crime shall be hired.
The State Department of Education will send the district a list of employees who have been cleared and a list of those employees who have not been cleared. If the district is notified that an employee had any action/concern on their criminal history check, that person must share this information from the F.B.I. with the district. If an employee with any action/concern refuses to share their F.B.I. report with the district, they will be terminated.
The Fruitland School District Board of Trustees will be responsible for registering volunteers or contractors consistent with maintaining a safe environment for the districts’ students.
Date of Adoption: Legal Reference: (Code of Idaho)
June 10, 1996 33-130, 33-1208, 33-512
Policy Title Extra Duty Assignments for Advisors/Coaches__Code No.424__
This district may enter into supplemental contracts with certificated employees for extra-duty assignments. An extra-duty assignment is defined as an assignment that is not part of a certificated employee’s regular teaching duties. Extra-duty assignments include, but are not limited to, coaching, directing or otherwise advising extracurricular activities.
Any extra-duty assignment will be made on an annual basis and is limited to the duration of the school year or other relevant time period as set forth on the supplemental contract. The supplemental contract is separate and apart from an annual, renewable or limited one (1) year contract and must be in a form approved by the state superintendent of public instruction. Compensation will be paid for the employee’s services as set forth on the supplemental contract and approved by the board.
Employees do not have a property right to an extra duty assignment and are not entitled to automatic reappointment for the next year or season. If the board does not reissue a supplemental contract to a certificated employee who was last appointed the extra-duty assignment, the board will give written notice to the employee describing reasons for the decision not to reissue the contract. The employee, upon written request to the board, will be entitled to an informal review.
The employee must request an informal review within ten (10) calendar days of the date notice of the intent to not reissue the supplemental contract is mailed or hand delivered to the employee. The employee will be given an opportunity to meet with the board in executive session within fifteen (15) calendar days of the date the request for informal review is filed and explain why he/she disagrees with the board’s decision. The employee does not have the right to be represented by an attorney or a representative of the local or state, teachers association, present evidence and/or cross-examine witnesses. The board will notify the employee, of its final decision in the matter within fifteen (15) calendar days of the date of the informal review.
Any individual who is assigned an extracurricular assignment shall be required to comply with all applicable district policies and IHSAA regulations, and shall undergo a criminal history check.
Date of Adoption: LEGAL REFERENCE: Idaho Code Sections 33-511,33-515
March 14, 2000
Revised—3-14-00, 8/14/2006
Policy Title Extra-Curricular Committee Policy Number 424.1
An advisory committee to oversee extra-curricular issues will meet annually. Their first meeting will take place before the end of February each year.
The committee will consist of two board members, the athletic director, one coach representing non-district employee coaches, one coach representing assistant coaches, one coach representing varsity coaches, and one extra-curricular activity advisor.
When necessary, representatives of this committee will report information and recommendations to the school board.
Date of Adoption:April 12, 1999 ,
revised: March 14, 2000
STAFF PERSONNEL
Series 400
Policy Title Salary Schedule for Extracurricular Activities Code No. 424.2
FOOTBALL
HS Varsity Head Coach 12% TENNIS
HS Jr. Varsity Head Coach 8% HS Coach 8%
HS Asst. Varsity Coach 8% HS Assistant, if needed 6%
MS Coaches to start and finish with
HS Varsity Board adopted GOLF
Revision 5-13-96 6% HS Head Boys & Girls 8%
HS Assistant, if needed 6%
BASKETBALL- Boys and Girls
HS Varsity Head Coach 12% CROSS COUNTRY
HS Jr. Varsity Coach 8% HS Head Boys & Girls 8%
HS Freshman Coach 8% HS Assistant, if needed 6%
MS 7th & 8th Grades 6% SOCCER
MS “B” Coaches 6% HS Varsity Boys/Girls 8%
HS JV Boys/Girls 6%
WRESTLING
HS Varsity Head Coach 10%
HS Assistant Varsity Coach 6%
MS Coaches 6% ADVISORS
Annual $350.00
VOLLEYBALL Drama $1500.00
HS Varsity Head Coach 12% Art $150.00
HS Jr. Varsity Coach 8% Drill Team (97-98) 10%
HS Freshman Coach 8% Drill Team Assistant 1/2002) 6%
Chearleader (97-98) HS-10%
MS 7th & 8th Grades 6% MS-8%
MS “B” Coaches 6% Jr. Statesman/ Mock Trial 8%
Band, Head 21%
Elem/ MS Honor Choir 8%
BASEBALL Choir - MS/HS 6%
HS Varsity Head Coach 8% Athletic Director 16%
HS Jr. Varsity Coach-if needed 6% National Honor Society 8%
SOFTBALL
HS Varsity Head Coach 8%
HS Jr. Varsity Coach 6%
HS Pitching Coach 6%
TRACK-Combine both High School & Middle School Programs, Boys and GIrls
HS/MS Head Coach 10%
Assisting Coaches (representing
Both HS & MS) 6%
**BOARD ADOPTED 10-14-91** Non-Certified Coaches, HS Cheerleader Advisor, and Drill Team Advisor--Pay from the experience step of the salary schedule. Every 5 years move to the right one step.
**BOARD REVISED 7-11-2016** This revision establishes a base salary of $31,750 for non-certified coaches which the percentage of pay will be based on.
**BOARD REVISED 4-13-2020** This revision establishes a base salary of $35,000 to which the percentage will be applied, for Coaches who are not on certified contracts with the Fruitland School District.
Coaching assignments should appear on State of Idaho Supplemental Contract Forms. Additional Supplemental Contracts should be issued during contract year, if necessary, as coaching duties are added.
Date of Adoption: Legal Reference: (Code of Idaho)
June 7, 1990
Revised: 10-14-91, 5-13-96, 10-12-98, 3-14-2000, 6-12-2000, 6/2001, 7/2016, 4-13-2020
Policy Title: Extra-Curricular Summer Pay Policy Code No. 424.3
The Fruitland School District will budget $5000.00 to fund approved requests to compensate head coaches who supervise, organize, and oversee summer programs for the Fruitland School District. The head coach will be responsible for compensating any assistant coaches or adults who may assist in the program(s) being offered. Compensation will be distributed according to the guidelines set forth in this policy.
Eligible Personnel
Fruitland High School head coaches who are the primary organizers of and active instructors in summer activities for Fruitland School District athletes
Eligible Programs
Activities must take place after the final day of school and before the official start of the fall sports seasons (excluding football start date for schools with a zero week game.)
Activities must be open to all Fruitland School District students according to age or grade requirements. Participants from other schools may also attend; however, their attendance must not be at the exclusion of Fruitland School District students.
Application Process
Head coaches must submit their requests to the Athletic Director on or before May 10th of each school year.
Administration of Funds
The Extra-Curricular Committee will meet to review all applications and distribute the available funds for any qualified activity. This committee has complete discretion with regard to the distribution of funds and the determination of qualified programs.
The Athletic Director will report to any head coach applying for funds regarding the results of the committee, and will submit the funding amounts determined by the committee to the Fruitland School District Office.
Payment of Funds
Upon completion of all the applicable summer programs, the responsible head coach will notify the Fruitland School District office to request the appropriate compensation
Date of Adoption: June 11, 2001
Revised: 5/13/2002
Policy Title: Professional Development Code No. 425
In order to provide a strong and focused educational program for the success of all children, the Fruitland educational community will be involved in professional development at both district and building levels.
The Fruitland School District is committed to improving the knowledge and skills of all teachers in order to achieve our mission and vision statements.
The Board of Trustees will commit to the Professional Development plan by:
Understanding and supporting the need for professional development
Acknowledging that there are budgetary needs for professional development
Supporting the district’s strategic plan for improvement
The Administrators will commit to the Professional Development plan by:
Trying to build money into the yearly budget to support professional development
Understanding, supporting, and being involved in staff development
Committing to try to use technology as part of our curriculum
The scope of professional development ensures that staff development be consistent, comprehensive, and related to practices in the Fruitland School District. Staff development opportunities will be pursued through organized, professionally developed activities within and outside the school district.
Professional Development Categories:
In-service, whole district
In-service, curriculum specific
Grade level/building specific
Coordinating
Organizing
Planning
Teaming to plan for implementation of new strategies or programs
Student data evaluation and/or examination
Orientation/mentoring
Structure:
The professional development committee of each building in the Fruitland School District shall consist of at least (1) one administrative representative, (1) one student achievement specialist, at least (2) two teachers, and at least (1) one paraprofessional. Committee membership is a continuous appointment for a term of two years. The Fruitland Education Association appoints the teacher members to the committee but the appointees do not need to be members of the FEA. The school administrator makes the administrative, student achievement specialist and paraprofessional appointments.
Each building committee will meet at least once each quarter. At the first quarter’s meeting, they will appoint their chairman. It is the chairman’s responsibility to communicate with the district office for the building’s professional development plans and needs.
The duties of the Professional Development Committee are to oversee the following areas of professional development:
Training
Research and Analyzing
Writing/Documentation
Sharing
Teaching
Developing new materials
Observing
Policy Title: Computer and Network Services – Staff Code No.: 426
Internet access is a service provided for students and staff members by this school district. Use of this district’s computer networking services must be directly related to an educational goal and consistent with the instructional objectives of this district. The district reserves the right to monitor all activity on the computer network service.
The systems administrator of the computer network service is a district employee who is responsible for monitoring use of the system (computer network service and related equipment) by staff and students.
The computer network services provided by this district may not always meet student or staff requirements or be uninterrupted or error-free. It is provided on an “as-is, as available” basis. No warranties are made or given with respect to any service, information, or software contained therein.
This system is to be used by authorized users only. All users must comply with Fruitland School District Policy No. 426. The user has no expectation of privacy regarding the use of the network system. All use of this computer system is subject to monitoring to protect against unauthorized use, violation of school district policy, for system maintenance, for backup and in efforts to prevent, detect, or investigate suspected improper use of the system. In the course of such monitoring, the activities, communications and files of users may be copied, recovered, and read. The results of monitoring may be disclosed to others including school district administration and law enforcement. Use of this system is governed by the terms of the Fruitland School District Policy No. 426 and all provisions of this policy.
DEFINITIONS
“Child pornography” is defined as:
Any visual depiction … whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where – (1) the product of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (2) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (3) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (4) such visual depiction is advertised, promoted, presented, described, or distributed in such manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct. 18 U.S.C. § 2246.
“Harmful to minors”
A visual depiction containing any picture, image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals: and lacks serious literary, artistic, political, or scientific value to minors.
“Minor”
For the purposes of this policy, is an individual who has not attained the age of 17.
“Obscenity”
Any picture, image, graphic image file, or other visual depiction that: (1) taken as a whole, appeals to a prurient [i.e. erotic] interest; (2) depicts, describes or represents in a patently offensive way an actual or simulated sexual act or sexual contact or a lewd exhibition of the genitals; and (3) taken as a whole, lacks serious literary, artistic, political, or scientific value. 18 U.S.C. § 1460.
PRIVILEGES AND RESPONSIBILITIES
The use of the school district’s computer network service is a privilege, not a right. Staff and student freedom of speech and access to information will be honored; however, this school district reserves the right to monitor and review all electronic transmissions and activities. User access may be denied, revoked, or suspended at any time because of inappropriate use. Further disciplinary action may also occur.
INFORMATION CONTENT
This school district provides staff access to other computer systems around the world through the Internet and users may encounter information that is controversial or potentially harmful. Because the information and sources of information on such computer network services is continually changing, it is impossible for the school district to monitor all the content. Some computer systems may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal materials. This district does not condone the use of such materials and does not knowingly permit use of such materials in the school environment. Staff bringing such materials in the school environment will be dealt with according to the discipline policies of the school district. Intentionally accessing or using such materials may result in termination of access to this school district’s computer or disciplinary actions including termination.
INTERNET SAFETY FOR STUDENTS
The school district will take appropriate steps to protect all students from access, through the district’s computers, to visual depictions that are obscene, contain child pornography, or are harmful to minors, by installing and utilizing specific technology that blocks or filters Internet access to such visual depictions.
The building principal or designee may authorized the disabling of the Internet block or filter system by the network administrator only for the purpose of enabling access for bona fide research or other lawful purpose. Disabling of the Internet block or filter system by any other staff member or student will result in disciplinary action.
As required by the Children’s Internet Protection Act, this district will hold annual public meetings to receive input from parents and other patrons regarding the district’s Internet safety plan, including the use of an Internet filtering service.
Any staff member, student, parent, or patron may request that the district either block, or disable a block of, a particular website by filing a written request with the superintendent. The superintendent will appoint a five (5) member committee, including one principal two (2) certified staff members’ one (1) non-certified staff member and one Board member. The committee will meet with the individual who filed the request in a timely manner, allow that individual to make oral or written arguments to support
the request, and make a written recommendation to the superintendent regarding whether the district should block or disable a block of, a particular website. Upon reviewing the request and the committee’s recommendation, the superintendent will render a written decision and notify the individual who made the request. The superintendent’s decision in this matter is final.
ONLINE USE
All district policies and school rules pertaining to behavior and communications apply to online use. The use of this district’s computer network services capabilities must be for educational purposes only and be consistent with the school district’s mission.
Users are not allowed to access the district’s computer network services for any private or commercial purposes. Users are not allowed to attempt to sell or offer for sale any goods or services that could be construed as a commercial enterprise, unless pre-approved by the school board or superintendent.
Illegal activity is prohibited and may result in referral to law enforcement.
Sending, receiving, or accessing obscene or pornographic material is prohibited.
Sending, receiving, or accessing harassing, threatening, or objectionable material is prohibited.
Using programs to infiltrate a computing system and/or damage the software components is prohibited.
Students and staff will use the computer network service resources efficiently to minimize interference with others.
Users are responsible for making back-up copies as needed.
Users are responsible for taking precautions against computer viruses on their own equipment and this school district’s equipment.
Users will not transmit materials, information, or software in violation of any local, state, or federal law.
Attempts to log in to the system using another user’s account will result in termination of the user’s account.
ONLINE CONDUCT
All users are required to abide by the generally accepted rules of computer network service etiquette. These include, but are not limited to, the following:
Users will not be abusive in their messages to others.
Users will not swear, use vulgarities or any other inappropriate language.
Users will not be abusive in their messages to others.
Users will not swear, use vulgarities or any other inappropriate language.
Users will not reveal personal information regarding others and should be cautious when revealing user’s own personal information (home address, phone number, etc.).
The computer network service may not be used in such a way that use would disrupt the use of the computer network service by others.
All communications and information accessible via the computer network service should be assumed to be private property but open to district scrutiny, and review at any time.
Users will not submit, publish, or display any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material, nor encourage the use of controlled substances.
Any on-line conduct that is determined by the system administrator to constitute an inappropriate use of this district’s computer network service or to improperly restrict or inhibit other users from using and enjoying this district’s computer network service in strictly prohibited and may result in disciplinary action. On-line conduct believed to be in violation of this policy will be immediately reported to appropriate administration or directly to the Board.
COPYRIGHTED MATERIAL
Copyrighted material will not be placed on any system connected to this district’s computer network service without the author’s written permission. The following will apply to copyrighted materials:
Only the owner(s) or persons specifically authorized may upload copyrighted material to the computer network service.
Users may down load only that copyrighted material for which permission has been requested and granted, or that falls within the fair use exception to the copyright laws.
A user may redistribute a copyrighted program only with the express written permission of the owner or authorized person or as provided by the fair use exception.
ELECTRONIC MAIL
Electronic mail (“e-mail”) is a private electronic message sent by or to a user in correspondence with another person having Internet mail access. The following provisions apply to e-mail:
Message received by the computer network service are retained on the system until deleted by the recipient.
A canceled computer network service account will not retain it e-mail. Users must remove old messages in a timely fashion.
The system administrator may remove e-mail messages if not attended to regularly by the user.
E-mail may be viewed by others. There is no guarantee of confidentiality.
The system administrator will not intentionally inspect the contents of e-mail sent by one user to an identified addressee, or disclose such contents to anyone other than the sender, or the intended recipient, without the consent of the sender or an intended recipient, unless required to do so by law or this district’s policies, or to investigate complaints regarding e-mail which are alleged to contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material.
This district will cooperate fully with local, state, or federal officials in any investigation concerning or relating to any e-mail transmitted on this district’s computer network service.
THIRD-PARTY SUPPLIED INFORMATION
Opinions, advice, services, and all other information expressed by students, staff, information providers, service providers, or other third-party personnel on the computer network service provided by this district are those of the individual and do not represent the position of this district.
DISK USE
The system administrator reserves the right to set quotas for disk use on the computer system. Users exceeding their quota will be required to delete files to return to compliance.
Users may request that their disk quota be increased by submitting a request stating the need for the quota increase. In determining whether to grant the request, the designated administrator will review the space available and the reason for the request. The decision of the administrator regarding disk use is final and not appealable. A user who remains in non-compliance of dish space quotas after seven (7) of notification will have his or her files removed by a system administrator.
SECURITY
Security on any computer system is a high priority. All school district users will meet the following requirements:
If a user feels that he/she can identify a security problem on the computer network service, the user will notify a school administrator. The user will not demonstrate the problem to others.
Users may not let others use their account and password nor will they leave their account open or unattended.
Users will change passwords regularly, using combinations of letters and numbers and will avoid using standard English words and names.
Users will immediately notify a school administrator if their password is no longer secure, or if they have reason to believe that someone has obtained unauthorized access to their account.
Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the computer network service.
VANDALISM
Vandalism will result in disciplinary actions. Vandalism is defined as any malicious attempt to harm or destroy data of another user, the computer network service, or any of the agencies or other computer network services that ate connected to the Internet. This includes, but is not limited to, the uploading or creation of computer viruses.
STAFF DISCIPLINE
Violation of this policy may result in the following disciplinary actions:
A staff member may lose computer privileges and/or network access. The duration of loss will depend on the severity of the violation as determined by the building administrator.
A staff member may be disciplined, up to and including termination from employment, if he or she engages in conduct on the computer network service that constitutes flagrant or persistent violations of this policy or could be considered illegal, as defined by federal and/or state law. Staff members committing illegal acts may be referred to the local law enforcement agency.
UPDATING USER ACCOUNT INFORMATION
The computer network service may occasionally require new registration and information from users to continue the service. Users must notify the designated administrator of any changes/deletions in user information (address, phone, name, etc.)
TERMINATION OF ACCOUNT
The user’s access to, and of, the computer network service may be terminated at any time by notifying a system administrator. An account that is inactive for more than thirty (30) days may be removed along with that user’s files without notice given to the user.
An administrator reserves the right, at his/her sole discretion, to suspend or terminate users’ access to and use of the computer network service upon any violation of this policy.
The school district’s administration, faculty and staff may request the system administrator to deny, revoke, or suspend specific user access.
Date of Adoption: Legal Reference:
November 13, 2006 17 USC Section 1001, et seq.
Revised: 3/12/18 Children’s Internet Protection Act,
Sections 1703 to 1721,
U.S.C. Section 254 (h)(1)
Idaho Code Sections:
6-210
18-2201
18-2202
Policy Title: Employee Use of Electronic Communication & Social Media Code No. 426.1
Fruitland School District No. 373 recognizes the value and importance of electronic communication, online presence, and innovative technology tools to enhance the learning experience and work environment within the district. The district also recognizes the obligation of teachers and administrators to be positive ambassadors for our schools and to teach and ensure responsible and safe use of these technologies.
Employee use of electronic communication and entertainment devices may interfere with or disrupt the educational process as well as distract personnel from their job responsibilities. Additionally, employee use of social networking and other Internet or electronic communication may interfere with the employee’s professional relationships with students, parents, and members of the community.
Violation of this policy may result in disciplinary action up to and including termination.
DEFINITIONS
“Electronic communication and entertainment devices” include, but are not limited to, personal cell phones, tablets, personal computers, laptops, iPads, iPods, Blackberries, pagers, MP3 players, and other similar devices or media players, without regard to the commercial name or manufacturer of the device, whether handheld, car models, laptop or other computer usage, or combinations of any of the above.
“Social media networks” include, but are not limited to, websites, web logs (blogs), wikis, social networks, online forums, virtual worlds and any other social media generally available to the public that does not fall within the district’s technology network (e.g. Facebook, Twitter, LinkedIn, Flickr, YouTube, Instagram, Snapchat, Myspace, blog sites, Wikipedia, etc.).
USE OF PERSONAL ELECTRONIC DEVICES AT SCHOOL
Employees are required to limit their personal use of electronic communication and entertainment devices to emergencies or during authorized breaks. Such devices are prohibited from being used during instructional time unless the specific use is consistent with legitimate, instructional purposes.
PROFESSIONAL COMMUNICATIONS
Employees must be respectful and professional in all communications at all times. Employees may not use obscene, offensive, profane, or vulgar language; or engage in communication or conduct that is harassing, threatening, bullying, libelous, or defamatory or that discusses or encourages any illegal activity, sexual behavior, sexual harassment, bullying, or the inappropriate use of alcohol or illegal drugs.
Employees may not act as a spokesperson for the district or make comments as a representative of the district, except as authorized by the board, superintendent or designee. When authorized as a spokesperson for the district, employees must disclose their employment relationship with the district.
COMMUNICATIONS WITH STUDENTS
The board recognizes that there are occasions when a district employee may have a legitimate educational need to communicate with a student outside of school hours. Any communication between a district employee and a student via telecommunications, text messages, e-mails, and/or any other medium must have an educational purpose and be professional in content and tone.
Employees who engage in such communications with students are expected to act as representatives of the district. Any communications with students may be subject to review by the district. Employees will not make any statement or forward information that could reasonably be perceived to be:
In violation of federal or state laws, or district policies;
Personal in nature;
Obscene, vulgar or inappropriate in content;
Harmful to a student;
Disruptive of the educational process; or
In violation of FERPA and other confidentiality requirements.
At the discretion of the superintendent or designee, employees may be required to copy all such communication to students to the building administrator or designee.
In the event an employee receives any communication from a student that is inappropriate or creates concerns, the employee has an obligation to report such communication to the building administrator or designee.
All employees are assigned a district e-mail account, which should be used for all official business. Employees must use their district e-mail account when acting in the capacity of a district employee and when corresponding with parents or students. Employees may not use their district assigned e-mail address for communications on social media networks without prior district approval.
SOCIAL MEDIA
Employees are prohibited from discussing students and work-related matters on any social media network. Employees are expected to comply with the following guidelines when engaging in communications on social media networks:
In the event the employee identifies himself/herself as an employee of the district, he/she must post a disclaimer that the views expressed by the employee are personal and not made in his/her capacity as an employee of the district.
Information posted by an employee must comply with state and federal laws, and district policies, guidelines and procedures.
Employees may not disclose information on any social media network that is confidential or proprietary to the district, its students, or employees or that is protected by data privacy laws.
3. Employees may not post copyrighted images or materials without prior permission from the owner, unless it falls within an exception and complies with copyright laws.
4. Employees should always present themselves in a professional manner and exercise good judgment relative to any information posted or any sites linked to the employee’s social media network page or blog.
5. Employees must recognize that statements or innuendo publicly displayed on the Internet may have negative ramifications on an individual’s position as a role model for students of the district.
6. Employees may not use or post the district logo, motto, slogan, mascot, or other district branding without permission from the superintendent or designee.
Employees may not post any school-related images on any social media network without permission from the superintendent or designee.
If information is posted on a social media network that evidences that the employee has engaged in conduct in violation of applicable federal and state law or district policies, the district may take disciplinary action, up to and including termination.
The district reserves the right to monitor employee comments and postings to the extent permitted by law. Where applicable, employees may be asked to disclose the existence of and to provide the district with access to an employee’s website, web log, or other personal social media network as part of an employment selection, promotion, disciplinary process, or investigation.
Adopted:
11-14-11 Legal Reference:
Revised: 6/8/15 Idaho Code §33-512
Policy Title: Staff Dress and Appearance Code No: 427
As professionals in our schools, we realize and value the public’s perception of our roles as mentors and models for students. Therefore, the following dress code will apply to all teachers, counselors, aides, secretaries, and administrators throughout the school district.
It is to be applied for all the days students are present, and for parent-teacher conferences.
Acceptable attire:
Clothes that maintain a professional and appropriate appearance
Clothes that are neat, clean, and in good repair.
Rules of staff dress code*
No denim jeans**
No skirts or slits in skirts/dresses that are shorter than 4 inches above the knee
No cleavage showing – neckline appropriate
No spaghetti straps, no sleeveless less than two (2) inches, unless covered by a jacket or a top
No graphic T-shirts
No hats
No showing of skin between shirts and pants/skirts
All staff will wear their district issued ID badges
No flip flops
School principal/supervisor discretion on questionable clothing
** Jeans allowed for the following:
Job related and/or outside projects/class activities for Shop, AG, PE, Art, Science, custodial, and copier operator.
Field trips as appropriate
Possible casual Fridays or at principal/supervisor’s discretion
School district staff members who do not, in the judgment of the principal/supervisor, reasonably conform to this dress code shall receive a notice from their principal/ supervisor. Repeated violations or refusal to comply with the directions of the principal/ supervisor by an employee could result in disciplinary action up to and including termination.
Adopted:
9-10-07
Policy Title: Employee Responsibilities Regarding Student Harassment, Intimidation and Bullying Code No.: 428
The personal safety and welfare of each child is of paramount concern to the Board of Trustees, employees, and patrons of the District. It is of particular importance that employees within the District become knowledgeable and thoroughly educated as to their legal and ethical responsibilities regarding intervention and reporting of student harassment, intimidation, and bullying.
Intervention
District employees are authorized and expected to intervene or facilitate intervention on behalf of students facing harassment, intimidation, and bullying.
Intervention shall be designed to:
Correct the problem behavior;
Prevent another occurrence of the problem;
Protect and provide support for the victim of the act; and
Take corrective action for documented systemic problems related to harassment, intimidation, or bullying.
Professional Development
The District shall provide ongoing professional development to assist school employees in preventing, identifying, intervening, and responding to harassment, intimidation, and bullying.
The content of ongoing professional development for District employees shall include, but is not limited to:
School philosophy regarding school climate and student behavior expectations;
Definitions of harassment, intimidation, and bullying with specific examples;
School prevention strategies or programs including the identification of materials to be distributed annually to students and parents;
Expectations and examples of staff intervention to harassment, intimidation, and bullying; and
School process for responding to harassment, intimidation, and bullying including the reporting process for students and staff, investigation protocol, the involvement of law enforcement, related student support services, and parental involvement.
Student Discipline
When disciplinary action is necessary for students engaging in harassment, intimidation and bullying, employees shall follow relevant District policies [3330 and 3340].
Reporting
Any District employee who has witnessed, or has reliable information, that a student has been subject to
harassment, intimidation or bullying, must report the incident to the designated school official in accordance with District policy and procedure [3295 and 3295P].
Knowingly submitting a false report under this policy shall subject the employee to discipline up to and including termination.
The Superintendent, building principal, and/or their designee shall be responsible for receiving complaints alleging student harassment, intimidation, and bullying and will ensure that documented complaints will be maintained as a confidential file in the District office and reported as required by the State Department of Education.
Policy Distribution
The Superintendent or designee shall annually distribute and review with employees the requirements, policies, and procedures to be followed concerning the handling of student harassment, intimidation, and bullying and shall include this information in employee handbooks. All new employees will be given these policies and procedures as part of their orientation program.
Legal References: I.C. § 18-917 Hazing
I.C. § 18-917A Student Harassment – Intimidation – Bullying
I.C. § 33-1630 Requirements for Harassment, Intimidation, and Bullying Information and Professional Development
I.D.A.P.A. 08.02.03.160 Safe Environment and Discipline
Adopted on: 12-7-15
Revised on:
Policy Title: Retention of District Records Code No. 429
In compliance with Idaho Code, the Board of Trustees establishes the following guidelines to provide administrative direction pertaining to the retention and/or disposal of District records. This schedule likewise identifies the anticipated physical location of where such records may be kept or maintained by the District, in addition to the possible document retention of all categories of records on the school’s servers and computer systems.
The District’s Public Records Coordinator, in conjunction with the Superintendent, Board Clerk, or designee, is responsible for the maintenance, safeguarding and destruction of the District’s records. Performance of such duties shall be in cooperation with the District’s Business Office, Directors of Maintenance and Transportation, Technology Coordinator, the Principals at the school’s buildings and other administrative personnel employed by the District. However, each school employee is likewise responsible for having knowledge of this policy and the requirement to safeguard the District’s records, electronic or otherwise, consistent with the chart below.
The District’s Public Records Coordinator shall work in conjunction with the District’s Technology department to assure that the school’s staff is aware of the routine destruction of electronic District records, including emails, such that they are able to assure that the District’s public records are retained consistent with this schedule, regardless of whether they are maintained in a hard copy or an electronic copy. In such a process, the District’s employees need to retain District records included on the schedule below, particularly student educational records, personnel records, and investigative records, in a format that is not part of the District’s routine electronic records destruction and/or notify the technology personnel of the District that a particular document is not to be destroyed as part of the routine destruction of electronic records.
Unless otherwise prohibited by applicable law, all District records may be maintained electronically and/or in hard physical copy.
Method of Destroying Official Records
The District’s official records, and any copy thereof that may be deemed to be confidential and/or not intended to be disseminated to the public, will be shredded before disposal.
Destruction of Electronic Mail/e-mail
The District will store electronic mail/e-mails for a maximum period of sixty (60) days. All email will be automatically deleted from the District’s system at the end of this retention period. It is the responsibility of every district employee to assure that District documents that need to be retained for a longer period of time due to federal law, state law or the provisions of this policy are retained accordingly and in a different format than electronic mail. An employee’s failure to retain District documents accordingly could serve as a basis for discipline, up to and including possible termination.
Suspending of Destroying Official Records
The District will immediately cease the destruction of all relevant records, including electronic records, even if destruction is authorized by an approved Retention Schedule, for the following reasons:
If the District receives a Freedom of Information Act (FOIA) request;
If the District believes that an investigation or litigation is imminent; or
If the District is notified that an investigation or litigation has commenced.
The Public Records Coordinator, Superintendent, and Board Clerk are responsible for carrying out this policy.
If relevant records exist in electronic formats (such as email, digital images, word processed documents, databases, backup tapes, etc.) the District’s Administrative personnel shall notify its information technology staff to cease the destruction of records relating to the subject matter of the suit/potential suit or investigation. Failure to cease the destruction of relevant records could result in penalties against the District.
The following will be used as a guide for the disposal of district records:
Date of Adoption:
May 2, 2016
Revised on:
November 11, 2019
Legal References:
Idaho Code: § 33-701(8) Fiscal Year—Payment and Accounting of Funds
§ 33-407 Return of Canvass of Elections
§ 33-508 Duties of Clerk
§ 56-209h Administrative Remedies
§ 74-119 Agency Guidelines
SDE Idaho Special Education Manual Revised 2009, Chapter 11, Section E
SDE Administrator’s Handbook 1.43
Federal Regulation
Idaho Records Management Guide, August, 2013
Policy Title: Workers' Compensation Benefits Code No: 430
All employees and volunteers of the District are covered by Workers’ Compensation benefits pursuant to, and in accordance with, the terms of the District’s Worker’s Compensation insurance policy. In the event of an injury or accident:
The injured employee shall immediately obtain first aid or emergency medical care as necessary to stabilize their medical condition. This treatment shall, to the extent possible, be in accordance with the requirements of the District’s Worker’s Compensation insurance policy.
Absent the need for emergency medical care, all school employees who require medical attention in the event of a workplace injury should communicate with the school’s Human Relations Director with regard to seeking out medical attention at one of the designated Occupational Health Clinics.]
The injured employee shall promptly report the accident and injury to his or her immediate supervisor.
The employee shall, if possible, immediately remediate the hazardous condition. If immediate remediation is not possible, the employee shall report the hazardous condition so it can be remediated as soon as possible.
The employee shall complete the District's Worker's Compensation report of injury forms with the District's Human Resources Department within forty-eight (48) hours of the accident (unless prohibited by the employee's medical condition, in which case the forms shall b e completed as soon as the employee's medical condition reasonably allows).
On behalf of the employee, the District’s Human Resources Department shall immediately report the injury and claim to the District’s Worker’s Compensation carrier to coordinate income, medical, and other benefits available to the employee under Idaho’s Worker’s Compensation Law.
In the event the employee is unable to work, the District shall allow the employee to take available sick leave benefits until the date that Worker’s Compensation income benefits are made available to the employee under the District’s Worker’s Compensation insurance policy.
The District’s Human Resources Department shall notify the immediate supervisor of the report and shall consult with the immediate supervisor when in completing the required reports.
An employee who is injured in an accident may be eligible for Workers’ Compensation benefits.
Legal Reference: I.C. § 72-101, et seq. Workers’ Compensation Act
Policy History:
Adopted on: July 31, 2017
Revised on: