KIPP Delta Public Schools Policy Manual

415 Ohio Street

Helena-West Helena

Arkansas, 72342

Phone: 870.753.9035

Fax: 870.753.9440

www.kippdelta.org

KIPP Delta Public Schools Policy Manual

Emergency Policy - Mandatory Face Masks & Face Coverings

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Per the Arkansas Department of Health, PPE (personal protective equipment, such as face coverings and

shields) is an effective way to minimize exposure to COVID-19; therefore, KIPP Delta will require the use

of face coverings.

Use of Face Masks for Students

All KIPP Delta Public Schools students, grades Kindergarten through 12

grade, shall be required to wear

a mask or face covering while attending school or a school function in any school building, district facility

or other areas of a school campus or the district's grounds, and when riding in school-provided

transportation. This policy applies to students waiting outside school buildings before and after school

as well as students waiting at bus stops.

Face coverings must cover a student’s mouth and nose. Reusable cloth masks are suggested, but

disposable masks are also allowable. Students who do not have a face mask will be provided with one

upon arrival at school and/or the bus stop. Face coverings should be consistent with guidelines provided

in the student handbook dress code and not contain offensive words, language, or imagines. Reusable

face coverings should be washed after each use. Disposable masks should be disposed of after use.

Students shall wear masks and face coverings at all times, except for the following:

 Students may remove their face masks while eating or drinking or when appropriate social

distancing measures are in place, as determined by a teacher or school administrator.

 Students may also remove their face masks on a case-by-case basis for specific instructional

needs, including physical education activities, as determined by a teacher, in which case the

teacher will utilize appropriate social distancing measures to the extent possible.

 Students may be exempted from the proposed policy by the school leader due to a documented

medical condition or disability of the student.

 Students may also be exempted, on a case-by-case basis, from the proposed policy due to

special behavioral or individualized needs as determined by the Director of Special Education or

the appropriate IEP Team.

 Students may remove masks and face coverings while participating in athletic activities where a

six feet distance is not achievable, but a mask is inhibitory to the activity or active exercise.

Students who refuse to wear a mask or face covering at school or at a school function under this

Emergency Policy shall be subject to discipline consistent with district policy and exclusion from on-site

instruction. Students who refuse to wear a mask on a school bus would be subject to board policy on

student conduct while riding a bus.

Use of Face Masks for Employees

Under this policy, all KIPP Delta employees shall be required to wear a mask or face covering while

working or attending a school function in any school building, District facility or other area of a school

campus or the District’s grounds.

All masks and face coverings must cover the nose and mouth of the employee. Reusable cloth masks are

suggested, but disposable masks are also allowable. Staff who do not have a face mask will be provided

with one upon arrival. Face coverings should be consistent with professional dress guidelines and not

contain offensive words, language, or imagines. Reusable face coverings should be washed after each

use. Disposable masks should be disposed of after use.

Employees shall wear masks and face coverings at all times, except for the following:

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 Employees may remove masks and face coverings for eating and drinking.

 Employees may remove masks and face coverings when and where appropriate social distancing

measures are in place.

 Employees may remove masks and face-covering when six feet distance is not achievable, but a

mask is inhibitory to the ability to safely and effectively perform an employee’s job duty.

 Employees may remove masks and face-covering while participating in athletic activities where

a six feet distance is not achievable, but a mask is inhibitory to the activity or active exercise.

 Employees may be exempted, on a case-by-case basis, from this Emergency Policy by the school

leader or the Executive Director due to a documented medical condition or disability of the

employee.

Employees who refuse to wear a mask or face covering at school or at a school function under this

Emergency Policy shall be subject to discipline consistent with District Policy, such as suspension without

pay and/or termination.

Date Adopted: July 30, 2020

Definitions

FERPA: Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. §1232g and 34 C.F.R. 99.1-99.35

This federal law and its related regulations prohibit school districts from disclosing, except in certain

limited instances, personally identifiable information that is contained in a student’s educational record

without the consent of the parent/guardian or the student.

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Educational Record: An educational record includes any written or electronic files, including emails and

other communications or materials that are created by the student, teacher or school administrator that

(i) contain information directly related to the student, and (ii) are maintained by the educational agency

or institution or by a person acting for such educational agency or institution.

Personally Identifiable Information (PII): The term includes, but is not limited to -

i. The student's name;

ii. The name of the student's parent or other family members;

iii. The address of the student or student's family;

iv. A personal identifier, such as the student's social security number, student number, or biometric

record;

v. Other indirect identifiers, such as the student's date of birth, place of birth, and mother's

maiden name;

vi. Other information that, alone or in combination, is linked or linkable to a specific student that

would allow a reasonable person in the school community, who does not have personal

knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

vii. Information requested by a person who the educational agency or institution reasonably

believes knows the identity of the student to whom the education record relates.

Student Privacy

Protecting the privacy of student data is of paramount importance at all times. Online learning presents

new student privacy and security challenges. The purpose of this policy is to provide staff with online

student privacy and security guidance during periods of virtual learning. All applicable Federal laws on

student information continue to apply to protect student data.

On March 30, 2020, the Student Privacy Policy Office of the U.S. Department of Education (“SPPO”)

conducted a webinar addressing the Family Educational Rights and Privacy Act (“FERPA”) and the use of

virtual learning tools during school closures resulting from the COVID-19 pandemic. The presentation

slides used during the webinar can be accessed here.

Consistent with FERPA guidance, KIPP Delta will observe the following precautions while conducting

virtual learning:

Video Recordings

Video recordings of virtual classroom lessons qualify as “education records” protected by FERPA only if

they directly relate to a student and are maintained by an educational agency or institution or by a party

acting on their behalf. FERPA’s non-disclosure provisions may still apply to such video recordings even if

they do not qualify as “education records”, if the video recording contains PII from student education

records.

FERPA does not prohibit non-students from observing online lessons, assuming that PII from student

education records are not disclosed. However, KIPP Delta discourages non-students from observing

virtual classrooms, and restricts recording and sharing of virtual lessons, to minimize inadvertent

disclosure of PII. Recording of virtual classrooms may create education records.

Teachers may record classes and share the recording of virtual classes with enrolled students who are

unable to attend in real time, as long as the video recording does not disclose PII from student

education records or if appropriate written consent is obtained. However, in general, KIPP Delta

prohibits the recording and sharing of lessons unless appropriate written consent is obtained prior to

recording the session.

Sharing of Personally Identifiable Information (PII)

FERPA does not prohibit teachers from taking PII from student’s education records home with them as

long as there is a legitimate educational interest in the education records, as determined by KIPP Delta

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administration, however, this practice will be discouraged. Staff who take education records home are

prohibited from further disclosing PII from these records, except as otherwise permitted under FERPA;

and, should use reasonable methods to protect the education records, and the PII in those records, from

further disclosure. These protections can include access controls that are physical, technological, or

administrative.

Staff are instructed to not disclose PII from any student’s education record in hearing of others, except

for the student and the student’s family, unless prior written consent has been obtained.

Data Security & Privacy

KIPP Delta will endeavor to ensure that all online learning platforms that receive PII are FERPA-

compliant by reviewing terms of service and privacy policies of those platforms. However, the teaching

of students may require that multiple students hear information at the same time with parents or others

present in homes with students. KIPP cannot monitor all such homes for compliance with security and

privacy rules and regulations and is dependent upon adults in those homes to likewise follow the

security and privacy policies set forth herein.

Recording of Internal and External Phone Calls, Meetings, and Conversations

Federal law permits recording telephone calls, staff meetings, and in-person conversations with the

consent of at least one of the parties. However, it is the policy of KIPP Delta Public Schools that no video

or audio recording of telephone calls, staff meetings, and/or in person conversations take place without

express consent by every party. Violations of this policy may result in offenders being required to

surrender their recording devices prior to attending meetings or conferences. If recording is sought,

permission of involved parties must be secured prior to recording.

Legal References: 20 U.S.C. § 1232g; 34 C.F.R. Part 99

18 U.S.C. 2511(2)(d)

Date Adopted: July 30, 2020

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Board Policies

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Governance by Policy

The region shall operate within the legal frameworks of the State and Federal Constitutions, and appropriate

statutes, regulations, and court decisions. The legal frameworks governing the region shall be augmented by

policies adopted by the Board of Directors that shall serve to further define the operations of the region.

When necessitated by unforeseen circumstances, the Executive Director shall have the power to decide and

take appropriate action for an area not covered by the legal frameworks or a policy of the Board. The

Executive Director shall inform the members of the Board of such action. The Board shall then consider

whether it is necessary to formulate and adopt a policy to cover such circumstances. The official copy of the

policy manual for the region shall be kept in the Executive Director’s office. Copies of the manual within the

region shall be kept current, but if a discrepancy occurs between manuals, the Executive Director’s version

shall be regarded as authoritative. Administrative regulations shall be formulated to implement the

intentions of the policies of the Board. Regulations may be highly specific. The Board shall review

administrative regulations prior to their implementation.

Date Adopted: April 2014

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Policy Formulation

The Board affirms through its policies and its policy adoption process, its belief that: (1) the schools belong to

the people who create them by consent and support them by taxation; (2) the schools are only as strong as an

informed citizenry and knowledgeable school staff allow them to be; (3) the support is based on knowledge

of, understanding about, and participation in the efforts of its public schools. The following shall be the

guidelines for policy adoption for the KIPP Delta Schools.

General Policies

Policies which are not personnel policies may be recommended by the Board or any member of the Board; by

the Executive Director, Assistant Executive Director, any other administrator or employee of the region;

committee appointed by the Board; or by any member of the public.

Policies adopted by the Board shall be within the legal framework of the State and Federal Constitutions, and

appropriate statutes, rules, and court decisions.

Except for personnel policies, when reviewing a proposed policy, the Board may elect to adopt, amend, refer

back to the person proposing the policy for further consideration, take it under advisement, reject it, or refuse

to consider such proposal.

Licensed and Classified Personnel Policies

Personnel policies (including employee salary schedules) shall be created, amended, or deleted in accordance

with State law:

(1) Board Proposals:

The Board may adopt a proposed personnel policy by a majority vote. A Board member or the Executive

Director may propose such policies to the Board. The Board may choose to adopt the proposal, as a proposal

only, by majority vote.

A copy of all personnel policies shall be signed by the Chair of the Board of Directors and kept in a central

records location.

Effective date of policy changes:

All personnel policy changes enacted will become upon the Board’s approval of the change, unless the Board

specifies a different date. Student discipline policies shall be reviewed annually by the Regional Leadership

Team and may recommend changes to such policies to the Board of Directors. Parents, students, and school

region personnel, including teachers, shall be involved in the development of student discipline policies.

In addition, changes to policies to maintain compliance with state or federal laws, rules, regulations, or

Commissioner’s Memos that are after June 30 but are adopted within ninety (90) days from the effective date

of the legal change that created the need for the policy adoption shall become effective on the final date of

adoption.

Date Adopted: April 2014

Date Modified: September 2015

Legal References: A.C.A. § 6-13-619(c)

A.C.A. § 6-13-635

A.C.A. § 6-17-201 et seq.

A.C.A. § 6-17-2301 et seq.

A.C.A. § 6-18-502(b)(1)(2)

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Tort Immunity

The region, as well as its agents, officers, employees, and volunteers are immune from liability for negligence,

pursuant to A.C.A. § 21-9-301. When allegations of negligence are raised, whether in litigation or not, the

statutory grant of immunity will be asserted. [The Board of Directors retains the right to settle claims for

negligence, as authorized by A.C.A. § 21-9-301, but it shall do so only in the most extraordinary

circumstances. If any claim is settled, the region and the Board of Directors specifically do not waive

immunity above the amount of the settlement, nor is that immunity waived for any other claim, at any time,

regardless of whether it is similar in nature.]

Date Adopted: April 2014

Board Member Training

Board members who have served on the board for twelve (12) or more consecutive months are required to

obtain a minimum of six (6) hours of training by December 31 of each calendar year. Effective with the 2006

school election, board members who are elected to serve an initial or non –continuous term shall obtain a

minimum of nine (9) hours of training by December 31 of the year following their election and six (6) hours

of training by December 31 of each calendar year thereafter. Hours obtained in excess of the required

minimums may be carried forward through December 31 of the third calendar year following the year in

which the hours were earned. The training shall be focused on topics relevant to school laws, school

operations, and the powers, duties, and responsibilities of the members of the Board of Directors. The

responsibilities include, but are not limited to legal requirements, role differentiation, and financial

management, improving student achievement, reading and interpreting an audit report, and the duties and

responsibilities of the various levels of employees within the region as well as those of the board of directors.

The region is responsible for maintaining a record of the hours of training received by each board member.

Board members shall make a concerted effort to submit documentation of training they have received to the

Executive Director or his/her designee. In the absence of such documentation, the region shall attempt to

obtain records of training received from training providers. Such training may be obtained from an institution

of higher learning, from instruction provided by the Arkansas Department of Education or the Arkansas

School Boards Association, or from other providers approved by the Arkansas Department of Education. A

statement regarding the number of hours of training received each preceding calendar year shall be:

 Part of the region’s comprehensive school plan and goals;

 Published in the same way as other components of the comprehensive plan and goals are required to

be published;

 Part of the annual school performance report required to be submitted to, and published by the

Arkansas Department of Education.

Date Adopted: April 2014

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Meeting Agenda

The agenda guides the proceedings of the Board meeting. The Executive Director shall prepare the agenda with

consultation from the Chair of the Board. Other members of the Board who desire to have an item placed on the monthly

agenda may do so by contacting the Executive Director or, in writing, the Chair of the Board by the date established in

this policy and the item will be duly considered for inclusion. Region patrons wishing to have an item placed on the

Board meeting's agenda must submit their requests, in writing to the Executive Director, at least five days prior to the

meeting of the Board. The written request must be sufficiently descriptive to enable the Executive Director and Chair of

the Board to fully understand and evaluate its appropriateness to be an agenda item. Such requests may be accepted,

rejected, or referred back to the individual for further clarification. The Executive Director shall notify the Chair of the

Board of all written requests to be placed on the agenda along with the Executive Director’s recommendation concerning

the request. No item shall be placed on the agenda that would operate to prejudice the Board concerning a student or

personnel matter that could come before the Board for disciplinary or employment considerations or that is in conflict

with other region policy or law. Patrons whose written request to be placed on the meeting's agenda has been accepted

shall have no more than thirty

minutes to present to the Board unless specifically granted additional time by a motion

approved by a majority of the Board. The speaker shall limit his/her comments to the approved topic/issue or forfeit

his/her right to address the Board. The members of the Board will listen to the patron's presentation, but shall not

respond to the presenter during the meeting in which the presentation is made, but the Board may choose to discuss the

issue presented at a later meeting, but is under no obligation to do so. The Executive Director shall be responsible

for Board members receiving copies of the agenda with all accompanying pertinent information at least two

days prior to the meeting. This policy’s advance notice requirement does not apply to special or called board

meetings.

Date Adopted: April 2014

Executive Director/Board Relationship

The Board’s primary responsibility is to develop, working collaboratively with the community, a vision and

mission for the region. The Board formulates and adopts policies to achieve that vision and elects an

Executive Director to implement its policies. The Board and the Executive Director and the relationship

between them set the tone for the region to follow. The relationship is enhanced when both parties

understand their roles and carries them out in an ethical and professional manner working to develop a

relationship of mutual trust and respect. The Executive Director and staff are responsible for administering

the Board’s policies and will be held responsible for the effective administration and supervision of the

region. The Executive Director is authorized to develop and implement administrative regulations to fulfill

the Board’s policies, provided such regulations are consistent with the intent of the Board’s policies.

Date Adopted: April 2014

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Executive Director Compensation

The Board shall determine the salary and employment benefits of the Executive Director. This includes such

benefits as insurance, transportation allowances, annual vacations, holidays, and any other entitlements as

deemed appropriate.

Date Adopted: April 2014

Nepotism

Definitions:

Family or family member means:

a. An individual’s spouse;

b. Children of the individual or children of the individual’s spouse;

c. The spouse of a child of the individual or the spouse of a child of the individual’s spouse;

d. Parents of the individual or parents of the individual’s spouse;

e. Brothers and sisters of the individual or brothers and sisters of the individual’s spouse;

f. Anyone living or residing in the same residence or household with the individual or in the same

residence or household with the individual’s spouse; or

g. Anyone acting or serving as an agent of the individual or acting or serving as an agent of the

individual’s spouse.

Initially employed means:

A. Employed in either an interim or permanent position for the first time or following a severance in

employment with the school region;

B. A change in the terms and conditions of an existing contract, excluding;

I. Renewal of a teacher contract under A.C.A. § 6-17-1506;

II. Renewal of a noncertified employee’s contract that is required by law; or

III. Movement of an employee on the salary schedule that does not require board action.

New Hire of Board Member’s Relative as School Employee:

The region shall not initially employ a present board member’s family member for compensation in excess of

$10,000 unless the region has received approval from the Commissioner of the Department of Education. The

employment of a present board member’s family member shall only be made in unusual and limited

circumstances. The authority to make the determination of what qualifies as “unusual and limited

circumstances” rests with the Commissioner of the Department of Education whose approval is required

before the employment contract is effective, valid, or enforceable.

Initial employment for a sum of less than $10,000 per employment contract or, in the absence of an

employment contract, calendar year does not come under the purview of this policy and is permitted.

The board member whose family member is proposed for an employment contract, regardless of the dollar

amount of the contract, shall leave the meeting until the voting on the issue is concluded and the absent

member shall not be counted as having voted.

Exception: Substitutes

Qualified family members of board members may be employed by the region as substitute teachers,

substitute cafeteria workers, or substitute bus drivers for a period of time not to exceed thirty (30) days per

fiscal year.

A family member of a school board member having worked as a substitute for the region in the past does not

“grandfather” the substitute. The 30-day maximum limit is applied in all cases.

Existing Employees who are Family Members of Board Members – Raises, Promotions, or Changes in

Compensation

Any change in the terms or conditions of an employment contract including length of contract, a promotion,

or a change in the employment status of a present board member’s family member that would result in an

increase in compensation of more than $2,500, and that is not part of a state mandated salary increase for the

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employee in question, must be approved by the Commissioner of the Department of Education before such

changes in the employment status is effective, valid, or enforceable.

Qualifications for Board Member Unchanged

The employment status of a citizen’s family member does not affect that citizen’s ability to serve the school

board provided he/she meets all other statutory eligibility requirements.

Date Adopted: April 2014

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Licensed and Classified Personnel Policies

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Nepotism – Direct Supervisor/Employee

The employment of relatives can cause various problems, including, but not limited to charges of favoritism,

conflicts of interest, family discord, and scheduling conflicts.

For the purposes of this policy, the term “immediate family” and “extended family” shall be defined as:

Immediate Family: an employee’s spouse, domestic partner, child, stepchild, foster child, father, mother,

brother, sister, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law,

brother-in-law, sister-in-law, current or former guardian, and/or other members of the family living in the

same household of the employee.

Extended Family: an employee’s relative outside of immediate family, which may include uncles/aunt,

cousins, nieces/nephews, etc.

It is the goal of KIPP Delta to avoid creating or maintaining circumstances in which any conflict of interest is

created.

KIPP Delta permits the employment of qualified immediate and extended family members of employees, as

long as such employment does not, in the opinion of KIPP Delta, create conflicts of interest.

KIPP Delta will use reasonable judgement in the placement of related employees and allow existing personal

relationships to be maintained or employ individuals with personal relationships to current employees in

accordance with the following guidelines:

i. Hiring of Immediate or Extended Family Members:

Individuals who are the immediate or extended family member another employee are permitted to be hired

and work at the same school and/or department, provided no direct reporting or supervisor to subordinate

relationship exists. That is, no employee is permitted to work within the “chain of command” when one’s

relative work responsibilities, salary, hours, career progress, benefits, or other terms and conditions of

employment could be influenced by the other relative.

ii. Change in Family Relationship Status while Employed

Employees who become part of their supervisor’s immediate or extended family during the term of their

employment will be treated in accordance with these guidelines. That is, if in the opinion of KIPP Delta, a

conflict arises or could arise, as a result of the relationship, one of the employees may be transferred at the

earliest possible time.

iii. Existing Employees who are Family Members of Direct Supervisors – Raises, Promotions, or Changes

in Compensation.

Immediate and extended family members employed when this policy was adopted will be “grandfathered” in.

Any change in the terms or conditions of an employment contract including length of contract, a promotion,

or a change in the employment status of an employee member directly supervised by a member of their

immediate or extended family member that would result in an increase in compensation of more than $2,500,

and that is not part of a state mandated salary increase for the employee in question, must be approved by the

Executive Director before such changes in the employment status is effective, valid, or enforceable. Similarly,

no evaluations may be administered to members of a supervisor’s immediate or extended family without

review and approval of the evaluation by the supervisor’s manager.

No employee relationship covered by this policy will be allowed to be maintained, regardless of the positions

involved, if the relationship creates a disruption or potential disruption in the work environment, creates an

actual or perceived conflict of interest, or is prohibited by any legal or regulatory mandate.

This policy must be considered when hiring, promoting, evaluating, or transferring any employee.

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Should relationships addressed in this policy be identified with either candidates for employment, or current

employees, the matter should immediately be reported to the Human Resources Director and the following

procedure will be followed:

 A determination will be made whether the relationship is subject to KIPP Delta’s Nepotism policy

based on the conditions described above.

 If the relationship is determined to fall within one or more of the conditions described in this policy,

the HR Director, in consultation with the affected employee and the Executive Director will attempt

to resolve the situation through the transfer of one employee to a new position or identifying some

other action (i.e., supervisory reassignment) which will correct the conflict or issue identified. If

accommodations are not feasible then, with affected employee suggestions, the HR Director in

consultation with the Executive Director shall determine which employee must resign in order to

resolve the situation.

 All disclosures made are to be treated as confidential.

KIPP Delta reserves the right to exercise appropriate managerial judgment to take such action as may be

necessary to achieve the intent of this policy. KIPP Delta reserves the right to vary from the guidelines

outlined in this policy to address unusual circumstances on a case by case basis.

It is the responsibility of every employee to identify to the Human Resources Director any potential or

existing personal relationship which falls under the definitions provided by this policy. Employees who fail to

disclose personal relationships covered by this policy will be subject to disciplinary action up to and including

the termination of employment.

It is the responsibility of the Executive Director to inform the KIPP Delta Board of Directors of any

disciplinary action or dismissal resulting from this policy.

This policy applies to all employees, including regular, temporary, and hourly employees.

Date Adopted: July 30, 2020

Licensed and Classified Personnel Evaluations

Evaluations of licensed personnel shall be undertaken at least annually. Evaluations shall be based on a

combination of scheduled and informal observations. Additional and more frequent informal observations

will be done should it be determined by the administration that the observations would be helpful in

addressing performance problems.

All forms, procedures or other methods of evaluation, including criteria, will be developed by the Executive

Director and or his designee(s), but shall not be part of the personnel policies of KIPP Delta.

Legal References: A.C.A. § 6-17-1504, A.C.A. § 6-17-2301

Date Adopted: August 2012

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Licensed and Classified Personnel Absence from Job Site

For KIPP Delta Schools to function efficiently and have the necessary personnel present to affect

a high achieving learning environment, employee absences must be kept to a minimum.

However, we also recognize the need to build in time for recovery and renewal that may

necessitate occasional absence from work. The following policy sets forth the various types of

leave available to employees of KIPP Delta Public Schools.

Definitions:

1. “School-Year Employees” are all employees of KIPP Delta who are present primarily for the

successful operation of all instructional days. School –year employees are required to be present

on all days stipulated by the Board-Approved Calendar. School-year employees include: teachers,

teacher’s aides, guidance counselors, hourly instructional staff, bus drivers, food service staff,

athletic directors, and school nurses.

2. “Full-Year Employees” are all employees of KIPP Delta whose presence is ancillary to the

successful operation of instructional days. Full-year Employees include: central office staff,

school directors, assistant principals, and school operations team members.

3. “Full-Time Employees” are salaried employees and those scheduled to work at least thirty (30)

hours per week. Full-time employees may be School-Year or Full-Year Employees.

4. “Part-Time Employees” are those who work less than thirty (30) hours per week.

5. “Exempt Employees” are those employees who are not covered under the FLSA. They include

administrators and professional employees such as teachers, counselors, registered nurses, and

supervisors. Any employee who is unsure of their coverage status should consult with the

Human Resources Department.

6. “Non-Exempt Employees” are those employees who are not exempt, generally termed classified,

and include bus drivers, clerical workers, maintenance personnel, custodians, transportation

workers, receptionists, paraprofessionals, food service workers, secretaries, and bookkeepers.

7. “Paid Leave” is a period of time that an employee is to be away from his/her primary job, while

maintaining pay and the status of “employee.”

8. “Personal Days” are considered time off of work which employees can use to address matters of

personal business.

9. “Sick Leave” is absence from the job site due to illness, whether by the employee or a member of

the employee’s Immediate Family or due to a death in the employee’s Immediate Family.

Managers may decide if sick leave is to be granted for the illness or death of any other family

member, or for someone not related to the employee.

10. “Bereavement” is time allowed by KIPP Delta for an employee to take off at the time of a death of

a relative.

11. “Accumulated Sick Leave” is the total of unused sick leave, up to a maximum of ninety (90) days

accrued from previous contracts, but not used. Accumulated sick leave also includes the sick

leave transferred from an employee’s previous public school employment.

12. “Vacation” is Paid Leave from the work site not due to Personal Days, Sick Leave, or federal bank

holidays.

13. “Immediate Family” Immediate Family means an employee’s spouse, legal domestic partner,

child, stepchild, adopted child, father, mother, brother, sister, grandparents, grandchildren,

father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,

guardian, and/or other members of the family living in the same household of the employee.

14. “Board-Approved Calendar” is the school-year calendar by which KIPP Delta operates. The

Board- Approved Calendar for the subsequent school year is approved prior to July 1st annually.

15. “Direct Manager” is an employee to whom another employee is accountable for performance and

to whom the latter employee should escalate concerns. Direct Managers are responsible for

either addressing the concern or escalating it appropriately.

16. “School Functions” are all athletic, academic, professional development, or other functions

specifically noted on the Board-Approved Calendar related to KIPP Delta for which specific

personnel attendance is required.

Amount, Accumulation and Transfer of Sick Leave

KIPP DELTA PUBLIC SCHOOLS |

All full-time salaried and full time hourly employees shall accrue one sick leave day per calendar month

worked. Substitutes or temporary staff do not accrue sick days. A maximum of 120 days may be accrued from

previous fiscal years, but not used. Accrued sick leave days never vest, and so therefore while the employee

will have the option of using sick leave days during their tenure at KIPP Delta, in no scenario would a KIPP

Delta employee receive cash remuneration, or its equivalent, for accrued sick leave.

Employees may transfer no more than ninety (90) days of sick leave from another public school region in

Arkansas into sick leave days for use at KIPP Delta. Employees who end their tenure at KIPP Delta may not

transfer or donate their remaining sick leave to another staff member. Employees who end their tenure at

KIPP Delta and resume their employment at a later date shall have available to them all previously

accumulated sick leave days for use.

Amount and Accumulation of Personal Days

Salaried full-time employees with less than five years of tenure at KIPP Delta shall receive three

(3) Personal days per fiscal year.

Salaried full-time employees with five or more years of tenure at KIPP Delta shall receive four (4)

Personal days per fiscal year.

Full-time hourly employees, who have worked at least 90 days at KIPP Delta, shall receive sixteen (16) hours

of personal time per fiscal year. However, a maximum of no more than (32) hours may be accrued and carried

over from previous fiscal years.

Substitutes or temporary staff do not accrue personal days.

Personal days accumulate from one fiscal year to the next. However, a maximum of no more than 4 personal

days may be accrued and carried over from previous fiscal years.

Employees who end their tenure at KIPP Delta and resume their employment at a later date shall receive the

amount of personal days they are entitled to assuming continuous years of service at KIPP Delta.

Personal days may not be taken the day before or the day after a holiday as defined by the Board- Approved

Calendar without written manager approval.

Absence due to personal or family illness

KIPP Delta acknowledges there are times during the school year when employees or members of their

immediate family become ill, which consequently affects work performance.

Any employee desiring to take a sick leave day may do so by making a written request to his Direct Manager

at least twelve (12) hours prior to the time of the requested leave. The twelve - hour requirement may be

waived by the Direct Manager when the Direct Manager deems it appropriate. Employees may be asked to

provide medical documentation for any personal or family sick leave taken, at the discretion of the Direct

Manager.

Employees who fail to report to work when their request for sick leave has been denied or who have

exhausted their accrued sick leave, shall have their daily rate of pay deducted from their wages for the day(s)

missed. While there are instances where personal circumstances necessitate an employee’s absence beyond

the allotted sick leave days, any employee who requires leave without pay must receive advance permission

(except in medical emergencies) from their Direct Manager. Failure to report to work without having

received permission to be absent or unless the absence is eligible for FMLA leave, is grounds for discipline, up

to and including termination.

Pay for sick leave shall be at the employee’s daily rate of pay, which is that employee’s total salary, divided by

the number of days as reflected by the Board-Approved Calendar. Absences in excess of the employee’s

accrued sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above.

If the employee's absences are not subject to the FMLA, or are in excess of what is protected under the FMLA,

excessive absenteeism, to the extent that the employee is not carrying out his/her assigned duties to an

KIPP DELTA PUBLIC SCHOOLS |

extent that the education of students is substantially adversely affected (at the determination of the manager

or Executive Director), may result in termination.

Sick Leave and Family Medical Leave Act (FMLA) Leave

Proposed definition of “immediate family” would apply, with the exception of definitions related to Family

Medical Leave Act (FMLA). When an employee takes sick leave, the KDPS Human Resources Department and

the employee’s manager shall determine if the employee is eligible for FMLA leave and if the leave qualifies

for FMLA leave. KDPS may request additional information from the employee to help make the applicability

determination. If the employee is eligible for FMLA leave and if the leave qualifies under the FMLA, KDPS will

notify the employee, in writing, of the decision within five (5) workdays. If the circumstances for the leave as

defined in the FMLA policy don’t change, KDPS is only required to notify the employee once of the

determination regarding the applicability of sick leave and/or FMLA leave within any applicable twelve (12)

month period. To the extent the employee has accumulated sick leave, any sick leave taken that qualifies for

FMLA leave shall be paid leave and charged against the employee’s accrued leave including, once an employee

exhausts his/her accumulated sick leave, vacation or personal leave.

Absence due to personal days

KIPP Delta acknowledges that there are times during the school year when employees have personal business

that needs to be addressed during the school day. At the discretion of the employee’s Direct Manager, an

employee may be granted additional personal days for extraordinary circumstances. Such leave shall be leave

without pay. In no instance shall paid leave in excess of allotted vacation days and/or personal days be

granted to an employee who is absent from work while receiving remuneration from another source as

compensation for the reason for their absence. Any employee desiring to take a personal day may do so by

making a written request to his Direct Manager at least twenty-four (24) hours prior to the time of the

requested leave. The Direct Manager may waive the twenty-four-hour requirement when the Direct Manager

deems it appropriate.

Employees who fail to report to work when their request for a personal day has been denied or who have

exhausted their allotted personal days, shall lose their daily rate of pay for the day(s) missed (leave without

pay). Failure to report to work without having received permission to be absent is grounds for discipline, up

to and including termination.

Absence due to Bereavement

KIPP Delta acknowledges unfortunate circumstances do occur. When death occurs in the immediate family of

an employee, as defined by KIPP Delta, up to five days may be taken as bereavement leave. Beyond that, any

unused personal or sick days may be used. For any death outside of the immediate family, an employee may

use any sick or personal leave that they have accumulated. In unusual situations, the employee may request

up to five additional emergency days through direct application to the Executive Director.

Sick Leave and Outside Employment

Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp,

and FMLA) inherently means the employee is also incapable of working at any source of outside employment.

If an employee who works a non-KIPP Delta job while taking sick leave for personal or family illness or

accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination. An exception

to this would be if an employee is cleared for “light duty” job only, and KDPS does not have a position of this

type available (see Worker’s Compensation Policy for more details).

Absence due to Professional Leave

“Professional Leave” is leave granted for the purpose of enabling an employee to participate in professional

activities (e.g., teacher workshops or serving on professional committees) that can serve to improve the

organization’s instructional program or enhances the employee’s ability to perform his/her duties.

Professional leave shall be granted when a KIPP Delta employee is subpoenaed for a matter arising out of

employment with KIPP Delta. Any employee seeking professional leave must make a written request to

his/her Direct Manager, setting forth the information necessary for the Direct Manager to make an informed

decision. The Direct Manager’s decision is subject to review, modification, and overruling by the Executive

Director. Budgeting concerns and potential benefit to the KDPS students will be taken into consideration in

KIPP DELTA PUBLIC SCHOOLS |

reviewing a request for professional leave. The cost of a substitute, if one is hired, shall be paid by the

employer.

In making a determination regarding professional leave, the Executive Director may consider factors

including but not limited to the following:

 Relevance to the employee’s subject area(s)

 Amount of professional leave previously used by the employee during the same school year

 Department staffing needs

 Benefit to the employee

 Benefit to the school

 Benefit to the students

 Quality of the program

Applications for professional leave should be made as soon as possible following the employee’s awareness of

the need for such leave, but, in any case, no less than two (2) weeks before the requested leave is to begin.

Employees seeking approved professional leave for Teach for America’s (TFA) summer institute must notify

the Executive Director or his designee in writing two (2) months prior to the beginning of the desired leave.

Leave for TFA shall be granted for mandatory attendees. TFA professional leave may be granted for other

attendees at the discretion of the Executive Director or his designee.

Absence due to Jury Duty

Employees are not subject to discharge, loss of sick leave, loss of vacation time or any other penalty due to

absence from work for jury duty, upon giving reasonable notice to KIPP Delta through the employee’s

immediate supervisor.

The employee must present the original (not a copy) summons to jury duty to his Direct

Manager in order to confirm the reason for the requested absence.

Employees shall receive their regular pay from KDPS while serving jury duty.

Absence due to Military Duty

Paid leave: Any employee who is a member of the Arkansas National Guard, Arkansas State Guard, reserve

component of the armed forces, or a member of a state or federally authorized urban search and rescue team

will be granted a paid leave of absence without loss of any accumulated leave for authorized training or duty

orders. Paid Military Leave will not exceed 15 days per government fiscal year (October through September).

In addition, an employee is entitled to use available state or local personal days or sick leave during a time of

active military service.

Unpaid leave: An Unpaid Military Leave of Absence will be granted to employees who are absent from work

because of service in the United States uniformed services in accordance with the Uniformed Service

Employment and Reemployment Right Act (“USERRA”). Advance notice of military service is required, unless

military necessity prevents such notice or it is otherwise impossible or unreasonable.

Continuation of health insurance benefits is available as is required by USERRA based on the length of the

leave and subject to the terms, conditions and limitations of the applicable plan for which the employee is

otherwise eligible. Employees may continue their health insurance benefits but are responsible for paying

their portion of the health insurance premiums.

Employees on Military Leave for up to 30 days are required to return to work on the first regularly scheduled

shift after the end of service, allowing reasonable travel time. Employees on longer Military Leave must apply

for reinstatement in accordance with USERRA and all applicable state laws.

Employees returning from Military Leave will be placed in the position they would have attained had they

remained continuously employed or a comparable position depending upon the length of military service in

accordance with USERRA. Employees will be treated as if they were continuously employed for purposes of

determining benefits based on length of service. Employees should contact Human Resources for more

information or questions about Military Leave.

KIPP DELTA PUBLIC SCHOOLS |

Absence due to Holidays on School Calendar or Vacations

School-Year Employees are required to be present at work for all traditional school days as set forth by the

Board-Approved Calendar, professional development days designated as separate from traditional school

days on the Board-Approved Calendar, and field lesson days designated as separate from traditional school

days on the Board-Approved Calendar. Some School-Year Employees, including Non-Exempt Employees, may

not be required on professional development days. Other exceptions may be made as appropriate between

School-Year Employees and their Direct Manager. All days outside of the aforementioned categories are

considered days off for School-Year Employees.

Full-Year Employees are required to be present at work on all weekdays with the exception of federal bank

holidays, Winter Break, Spring Break, and Thanksgiving Break as indicated on the Board-Approved calendar.

Additionally, Full-Year Employees are required for all professional development days designated as separate

from traditional school days on the Board-Approved Calendar.

Full-Year Salaried Employees are credited with an additional ten (10) day vacation if they are hired on or

before November 1. Full-Year Salaried Employees are credited with an additional five (5) day vacation if they

are hired after November 1. Vacation days can be used between July 1 and June 30. Any vacation time must be

approved in writing by the Executive Director or an employee’s Direct Manager, either of whom shall

consider staffing needs of the organization in making his/her determination. Vacation days accumulate from

one fiscal year to the next with a maximum of 6 vacation days accrued and carried over from previous fiscal

years.

Hourly Holiday Benefit

Full time hourly employees, who average at least 30 hours per week for the two previous payroll periods, will

receive fifteen (15) hours of pay at minimum wage over Thanksgiving Break; thirty (30) hours of pay at

minimum wage over Christmas Break; and fifteen (15) hours of pay at minimum wage over Spring Break.

Legal References: 6-17-1201, 1301 et. seq.

Date Adopted: July 2013

Date Revised and Approved: May 19, 2020

LICENSED AND CLASSIFIED PERSONNEL COVID-19 EMERGENCY LEAVE

The Arkansas Department of Education has received $20 million from the CARES Act Steering Committee to

establish a COVID-19 Emergency Leave Fund (CARES Act Leave) for school employees for the period of

August 1, 2020 through December 30, 2020.

The purpose of the policy is to establish procedures for employees, licensed or classified, for use of both state

and/or federal temporary emergency COVID-19 leave during the eligible term. The Arkansas School Boards

Association has developed and disseminated this model policy for CARES Act leave to school districts for

adoption.

For purposes of the policy, the following definitions apply:

 “Licensed Employees (aka “Exempt Employees”) are those employees who are not covered under the

FLSA. They include administrators and professional employees such as teachers, counselors,

registered nurses, and supervisors. Any employee who is unsure of their coverage status should

consult with the Human Resources Department.

 Classified Employees (aka “Non-Exempt Employees”) are those employees who are not exempt,

generally termed classified, and include bus drivers, clerical workers, maintenance personnel,

custodians, transportation workers, receptionists, paraprofessionals, food service workers,

secretaries, and bookkeepers.

In accordance with Arkansas Department of Education Commissioner’s Memo COM-21-014, the District

hereby provides up to an additional ten

(10) days of paid CARES Act Leave for its license or classified

employees, who meet both of the following requirements:

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1. The employee is ordered by the District, a medical professional, or the Arkansas Department

of Health (ADH) to quarantine or isolate due to COVID-19 for one of the following reasons:

i. Testing positive for COVID-19;

ii. Experiencing COVID-19 symptoms and seeking a medical diagnosis; or

iii. Is a probable close contact or close contact.; and

2. The employee’s job duties are not able to be performed remotely.

Upon notification that an employee has received a quarantine or isolation order, The District shall review

whether the employee has applicable leave remaining under the Families First Coronavirus Response Act

(FFCRA) and this policy.

1. If an employee has applicable leave under the FFCRA and this policy:

 The District shall ask the employee if the employee wishes to use the applicable FFCRA

leave or the CARES Act Leave first;

 The District shall use available leave under the FFCRA first if the employee is unable or

unwilling to make an alternative selection;

 The District shall use the employee’s leave selection until the earlier of the expiration of

the quarantine or isolation order or the exhaustion of the employee’s selected leave;

 The District shall automatically switch the employee to the other form of leave, if

available, should the employee’s quarantine or isolation order last longer than the

employee’s selected leave; and

 The District shall automatically switch the employee to another form of applicable

District provided paid leave, if available, should the employee’s quarantine or isolation

order last longer than the employee’s available leave under the FFCRA or this policy.

2. If an employee has applicable leave under the FFCRA or this policy but not both:

 The District shall use the employee’s available leave until the earlier of the expiration of

the quarantine or isolation order or the exhaustion of the employee’s available leave;

and

 The District shall automatically switch the employee to another form of applicable

District provided paid leave, if available, should the employee’s quarantine or isolation

order last longer than the employee’s available leave under the FFCRA or this policy.

3. If an employee has no leave remaining under this policy or applicable leave under the FFCRA,

then the District shall use another form of applicable District provided paid leave, if available.

An employee who receives CARES Act Leave shall be paid the employee’s full daily rate of pay for up to ten

(10) days. The ten

(10) days of CARES Act Leave may, but is not required to, run consecutively. An employee

shall not have days charged against the number the employee is eligible for under this policy for days when

the employee is not expected to perform duties, such as holidays.

The ten

(10) days of paid leave provided

under this policy shall be used for eligible leave before other forms of District provided paid leave are used,

including sick leave, personal leave, and vacation.

An employee shall not be eligible to receive the ten

(10) days of paid leave under this policy due to:

o The need to care for another individual due to the individual’s positive COVID test,

quarantine order, or isolation order; or

o The closure of the school or place of care of the employee’s child.

An employee’s eligibility to receive paid leave under this policy expires on the earlier of:

i. Arkansas Governor or the Arkansas General Assembly declares an end to the COVID-19 state

of emergency; or

ii. The expiration of the FFCRA or the expiration of the subsequent Federal Act, if any,

extending the provisions of the FFCRA.

Notes:

The funding provided by Commissioner’s Memo COM-21-014 is based on the same amount of paid

leave requirement under subdivision E of the FFCRA, which is titled the “Emergency Paid Sick Leave Act”.

Districts who are on a four-day school week schedule may change this to be nine (9) days instead of ten (10).

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If the district chooses to continue to provide on the tenth (10

) day, the district would have to use funds

other than those provided through Commissioner’s Memo COM-21-014 to cover the final day of leave.

While an order from ADH may be for any of these reasons, an order from a medical professional may only be

used for items i or ii and a district order may only be for item iii to be reimbursable.

AN employee’s quarantine or isolation period may fall at such a time period that part of the quarantine or

isolation period is on days when the school would ordinarily be closed for paid holidays. The remaining

CARES Act Leave days that were not used due to the holiday would continue to be available should the

employee be ordered into another quarantine or to isolate unless one of the Policy’s sunset provisions was

triggered before the new quarantine or isolation order.

These categories are not covered by Commissioner’s Memo COM-21-014. There are some Federal paid leave

requirements for these categories under the Emergency Paid Sick Leave Act. A qualifying employee must

receive the lesser of two hundred dollars ($200) or two-thirds (2/3) of the employee’s regular rate of pay per

day until the earlier of either the employee is able to return to work or the employee’s FMLA leave is

exhausted. A district may require, which ASBA model FMLA Policy 3.32 does in the policy’s default language,

that an employee use their accumulated leave as necessary to bring their pay up to their full daily rate of pay

for these absences.

Cross References: 3.8—LICENSED PERSONNEL SICK LEAVE

3.11—LICENSED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE ACT

Legal References: Commissioner’s Memo COM-21-014

29 C.F.R. Part 826

Date Adopted: September 24, 2020

Last Revised: September 24, 2020

Tuition Reimbursement for Licensure in Special Education and/or Graduate-Level Credits towards

Arkansas Qualified Teacher Status in Multi-Year Critical Shortage Areas

KIPP Delta Public Schools will reimburse graduate credits for teachers seeking licensure in special education

or in subject areas under a critical shortage for multiple years, as determined by KIPP Delta. This

reimbursement will be available to teachers who successfully complete graduate-level coursework leading to

either special education licensure recognized by the state of Arkansas or Arkansas Qualified Teacher status in

a critical shortage subject.

To be eligible to seek reimbursement, a teacher must:

 Have completed at least one year as a long-term substitute in special education at KIPP Delta Public

Schools and have earned a rating of at least 2.75 on their end-of-year review

 Have AQT status in another subject, have completed two years as a regular education teacher at KIPP

Delta Public Schools, and have earned at least a 2.75 on their end-of-year review.

Teachers interested in pursuing reimbursement must send an email prior to enrolling in courses to their

manager and/or school director, the Chief Academic Officer, and the Human Resources Director to request

reimbursement.

In order to receive reimbursement, the teacher must complete the course with a grade “A” or “B”, submit an

official transcript for the semester, and show proof of payment (either through a loan made to the student or

through payment directly to the college). Official transcripts and verifications of payments for classes taken

from August through December must be submitted by February 15th of the spring semester immediately

following completion of the class(es). Classes taken from January through August must be submitted by

KIPP DELTA PUBLIC SCHOOLS |

September 15th of the fall semester immediately following completion of the course. If an extension to the

listed due date is required, it must be approved by the Human Resources Director and sent prior to the

deadlines listed above.

Teachers may be reimbursed for up to twelve graduate credit hours in any school year beginning with the fall

semester and concluding at the end of the summer session. The maximum dollar amount reimbursed per

credit shall not exceed the cost for a graduate credit hour at the University of Arkansas Main Campus. KIPP

Delta shall not reimburse any course for which the teacher incurs no tuition cost nor any incidental costs,

including but not limited to textbooks, supplies, registration fees and parking fees.

An employee is eligible for funding until successful completion of a special education license or once they

have reached AQT status in multi-year critical shortage areas. KIPP Delta will publish critical shortage areas

no later than June 1 of each year and share this policy with teachers in the shortage areas. Tuition

reimbursement received from KIPP Delta must be repaid at the rate of 100% if the employee leaves KIPP

Delta within one year and at the rate of 50% if the employee leaves within two years. KIPP Delta shall make

no payment to employees separated at the time of reimbursement.

Date Adopted: November 19, 2019

Licensed and Classified Workplace Injuries and Workers’ Compensation

KIPP Delta provides Workers’ Compensation Insurance, as required by law. Employees who sustain any

injury at work must immediately notify their immediate supervisor, or in the absence of their immediate

supervisor notify the Human Resources Department. An injured employee must fill out an incident form and

the employee’s supervisor will determine whether to report the claim or to file the paperwork if the injury

requires neither medical treatment nor lost work time. While many injuries will require no medical treatment

or time lost at work, should the need for treatment arise later, it is important that there be a record that the

injury occurred. All employees have a duty to provide information and make statements as requested for the

purposes of the claim assessment and investigation.

For injuries requiring medical attention, KIPP Delta will exercise its right to designate the initial treating

physician and an injured employee will be directed to seek medical attention, if necessary, from a specific

physician or clinic. In addition, the employee shall submit to a drug test, which shall be paid at KIPP Delta’s

expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the

use of illegal substances or the misuse of prescription medications shall be grounds for the denial of worker’s

compensation benefits, and may result in termination of the employee.

A Workers’ Compensation absence may run concurrently with FMLA leave when the injury is one that meets

the criteria for a serious health condition. To the extent that workers compensation benefits and FMLA leave

run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate

necessary to bring the total amount of combined income up to 100% of usual contracted daily rate of pay. If

the health care provider treating the employee for the workers compensation injury certifies the employee is

able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the

employee may decline the KIPP Delta’s offer of a “light duty job.” As a result, the employee may lose his/her

workers’ compensation payments, but for the duration of the employee’s FMLA leave, the employee will be

paid for the leave to the extent that the employee has accrued applicable leave.

Employees who are absent from work at KIPP Delta due to a Workers’ Compensation claim may not work at a

non-KDPS job until they have returned to full duties at their same or equivalent KIPP Delta job; those who

violate this prohibition may be subject to discipline up to and including termination. This prohibition does

NOT apply to an employee who has been cleared by his/her doctor to return to "light duty" but KIPP Delta

has no such position available for the employee and the employee's second job qualifies as "light duty.”

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

 Will be charged for a day's sick leave for the all days missed until such time as the WC claim has been

approved or denied;

KIPP DELTA PUBLIC SCHOOLS |

 Whose WC claim is accepted by the WC insurance carrier as compensable and who is absent for eight or

more days shall be charged sick leave at the rate necessary, when combined with WC benefits, to bring

the total amount of combined income up to 100% of the employee's usual contracted daily rate of pay;

 Whose WC claim is accepted by the WC insurance carrier as compensable and is absent for 14 or more

days will be credited back that portion of sick leave for the first seven (7) days of absence that is not

necessary to have brought the total amount of combined income up to 100% of the employee's usual

contracted gross pay.

Ark. Workers Compensation Commission RULE 099.33 - MANAGED CARE

A.C.A. § 11-9-102

A.C.A. § 11-9-508(d)(5)(A)

A.C.A. § 11-9-514(a)(3)(A)(i)

Date Adopted: September 2015

Licensed and Classified Personnel Drug Testing

Scope of Policy

Each person hired for a position that allows or requires the employee operate a school bus shall meet the

following requirements:

1. The employee shall possess a current commercial vehicle driver’s license for driving a school bus;

2. Have undergone a physical examination, which shall include a drug test, by a licensed physician or

advanced practice nurse within the past two years; and

3. A current valid certificate of school bus driver in service training.

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

employer receiving a negative drug test result for that employee. The offer of employment is also conditioned

KIPP DELTA PUBLIC SCHOOLS |

upon the employee’s signing an authorization for the request for information by KIPP Delta from the

Commercial Driver Alcohol and Drug Testing Database.

Methods of Testing

The collection, testing methods and standards shall be determined by the agency or other medical

organizations chosen by the School Board to conduct the collection and testing of samples. The drug and

alcohol testing is to be conducted by a laboratory certified pursuant to the most recent guidelines issued by

the United States Department of Health and Human Services for such facilities. (“Mandatory Guidelines for

Federal Workplace Drug Testing Programs”).

Definitions

“Safety sensitive function” includes:

a) All time spent inspecting, servicing, and/or preparing the vehicle;

b) All time spent driving the vehicle;

c) All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and

d) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

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

1. Is designed to carry more than ten (10) passengers;

2. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by,

or for the benefit of KIPP Delta; and

3. Is operated for the transportation of students from home to school, from school to home, or to and from

school events.

Requirements

Employees shall be drug and alcohol free from the time the employee is required to be ready to work until the

employee is relieved from the responsibility for performing work and/or any time they are performing a

safety-sensitive function. In addition to the testing required as an initial condition of employment, employees

shall submit to subsequent drug tests as required by law and/or regulation. Subsequent testing includes,

and/or is triggered by, but is not limited to:

1. Random tests;

2. Testing in conjunction with an accident;

3. Receiving a citation for a moving traffic violation; and

4. Reasonable suspicion.

Prohibitions

1) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions

while having an alcohol concentration of 0.04 or greater;

2) No driver shall use alcohol while performing safety-sensitive functions;

3) No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;

4) No driver required to take a post-accident alcohol test under # 2 above shall use alcohol for eight (8)

hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs

first;

5) No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1, 2, and/or 4 above;

6) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions

when using any controlled substance, except when used pursuant to the instructions of a licensed

medical practitioner who, with knowledge of the driver’s job responsibilities, has advised the driver that

the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the

employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;

7) No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests

positive or has adulterated or substituted a test specimen for controlled substances.

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Violation of any of these prohibitions may lead to disciplinary action being taken against the employee, which

could include termination or non-renewal.

Testing for Cause

Drivers involved in an accident in which there is a loss of another person’s life shall be tested for alcohol and

controlled substances as soon as practicable following the accident. Drivers shall also be tested for alcohol

within eight (8) hours and for controlled substances within thirty two (32) hours following an accident for

which they receive a citation for a moving traffic violation if the accident involved: 1) bodily injury to any

person who, as a result of the injury, immediately receives medical treatment away from the scene of the

accident, or 2) one or more motor vehicles incurs disabling damage as a result of the accident requiring the

motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Refusal to Submit

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

 Failed to appear for any test within a reasonable period of time as determined by the employer consistent

with applicable Department of Transportation agency regulation;

 Failed to remain at the testing site until the testing process was completed;

 Failed to provide a urine specimen for any required drug test;

 Failed to provide a sufficient amount of urine without an adequate medical reason for the failure;

 Failed to undergo a medical examination as directed by the Medical Review Officer as part of the

verification process for the previous listed reason;

 Failed or declined to submit to a second test that the employer or collector has directed the driver to

take;

 Failed to cooperate with any of the testing process; and/or

 Adulterated or substituted a test result as reported by the Medical Review Officer.

School bus drivers should be aware that refusal to submit to a drug test when the test is requested based on a

reasonable suspicion can constitute grounds for criminal prosecution.

Consequences for Violations

Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol

test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the

respective tests shall no longer be allowed to perform safety sensitive functions. Actions regarding their

continued employment shall be taken in relation to their inability to perform these functions and could

include termination or non-renewal of their contract of employment.

Drivers who exhibit signs of violating the prohibitions of this policy relating to alcohol or controlled

substances shall not be allowed to perform or continue to perform safety-sensitive functions if they exhibit

those signs during, just preceding, or just after the period of the work day that the driver is required to be in

compliance with the provisions of this policy. This action shall be based on specific, contemporaneous,

articulable observations concerning the behavior, speech, or body odors of the driver. The Executive Director

or his/her designee shall require the driver to submit to “reasonable suspicion” tests for alcohol and

controlled substances. The direction to submit to such tests must be made just before, just after, or during the

time the driver is performing safety-sensitive functions. If circumstances prohibit the testing of the driver the

Executive Director or his/her designee shall remove the driver from reporting for, or remaining on, duty for a

minimum of 24 hours from the time the observation was made triggering the driver’s removal from duty.

If the results for an alcohol test administered to a driver is equal to or greater than 0.02, but less than 0.04,

the driver shall be prohibited from performing safety-sensitive functions for a period no less than 24 hours

from the time the test was administered. Unless the loss of duty time triggers other employment consequence

policies, no further other action against the driver is authorized by this policy for test results showing an

alcohol concentration of less than 0.04.

Legal References: A.C.A. § 6-19-108

KIPP DELTA PUBLIC SCHOOLS |

A.C.A. § 6-19-119

A.C.A. § 27-23-201 et seq.

49 C.F.R. § 382.101 – 605

49 C.F.R. § part 40

49 C.F.R. § 390.5

Arkansas Division of Academic Facilities and Transportation Rules Governing

Maintenance and Operations of Arkansas Public School Buses and Physical

Examinations of School Bus Drivers

Date Adopted: August 2012

Last Revised: September 2015

Use of Company Vehicles

Introduction

KIPP Delta Public Schools (KDPS) offers company vehicles (fleet cars & vans) for use by KIPP Delta employees

to support transportation needs for company-designated business. A company vehicle is any vehicle leased,

rented, or owned by KIPP Delta. Company vehicles prevent wear and tear and excessive mileage for staffs’

personal vehicles and also helps KDPS manage the cost of mileage reimbursement. KDPS fleet vehicles may

only be used for official, authorized purposes. To ensure fleet cars are used properly, the following guidelines

apply to all employees who use a company vehicle, during and outside of working hours. This policy is

applicable to any person authorized to drive KDPS fleet cars on company business.

Fleet Car Availability and Personal Mileage Reimbursement

It is KDPS policy that employees check the availability of a fleet car before using their personal vehicle for

company business. If a fleet car is available and the employee chooses not to use an available vehicle, the

employee may not be reimbursed for mileage. If a fleet car is not available, the employee may submit a

mileage reimbursement. In the event that a fleet car is available and the employee has a specific reason for

not using the available vehicle, the employee must request an exemption to the availability policy from the

Managing Director of Finance, Chief Operating Officer, or Executive Director before mileage reimbursement

can be submitted and approved.

Eligibility to Drive a Fleet Car

The KDPS Chief Operating Officer and Transportation Director are responsible for ensuring that only properly

qualified and authorized individuals are allowed to drive company vehicles.

Prior to vehicle assignment, eligible employees must provide evidence that he/she has a valid driver’s license

which is not suspended or revoked. If for any reason, an employee’s driver’s license is revoked, suspended, or

restricted, it is mandatory that the Human Resources Director be notified immediately.

Allowable Use of Fleet Cars

Drivers are responsible for operating vehicles in a safe and courteous manner at all times and for complying

with all provisions of this policy. Drivers have responsibility to immediately notify the COO and

Transportation Director of accidents, injuries, loss of license, etc., as outlined in this document.

Company vehicles should only be used for travel between communities, to and from campuses, and other

work related travel outside of our communities (ex. professional development). Any other requests to use the

fleet car must be approved by either the Operations Director, Chief Operating Officer, or Managing Director of

Finance.

Company vehicles should remain on the KDPS campus when not in use, unless a specific exemption has been

KIPP DELTA PUBLIC SCHOOLS |

made in writing by the COO or Executive Director. In Helena, the company vehicle must be returned and

parked at the Transportation Depot or KTC Depot locations, unless a specific exemption has been requested.

In Blytheville, the company vehicle must be returned and parked at the KIPP Blytheville Central Office, unless

an expected exemption has been requested. The only exception is when an employee who lives more than

100 miles away from any community AND travels to the communities regularly has been assigned a fleet

vehicle for work usage. In this case, the employee may park the car at their residence.

Fleet vehicles cannot be loaned for personal use.

Personal Use of a Company Vehicle

Company vehicles are only intended for KDPS business use. Personal use is prohibited. Evening and weekend

travel is prohibited unless conducting company business after normal business hours. No other drivers are

permitted to operate a company vehicle.

Driver Responsibilities

Vehicles driven on KDPS business shall be operated in a safe and professional manner, in compliance with

applicable rules and regulations and all driving laws in areas where they operate a KDPS fleet car.

It is also the driver’s responsibility to follow the additional guidelines below:

 No smoking in the vehicle

 No pets allowed

 Only approved KDPS staff members can operate fleet vehicles

 Use the gas cards in the company vehicle to fuel vehicles - the gas card should be kept in the glove

box

 Clean fleet car of any trash or personal items and wipe down commonly touched surface areas like

steering wheel, gear shaft, and radio with cleaning wipes before returning

 Keep the vehicle locked when not in use

Employees who have not been assigned a specific fleet car and are eligible for use of a fleet car must get prior

approval from the Transportation Department to ensure a fleet car is available for use.

Gas cards may be provided to employees who use fleet vehicles by the Finance Department or Transportation

Department. Employees are expected to follow all applicable rules for usage of company gas cards.

Safety Guidelines

It is mandatory that seat belts be used by all occupants of a fleet car at all times without exception. Any

malfunctioning seat belt should be reported immediately to the Operations Director for repair by the

employee immediately. KPDS expects all employees to drive professionally during business travel, to obey all

traffic laws, and to not be under the influence of any drugs and/or alcohol that would impair driving ability

and/or judgment. Company vehicles should not be used to transport flammable items, firearms, or other

hazardous materials. Texting while driving is not allowed.

Vehicle Maintenance

Every driver of a company vehicle is expected to maintain his or her assigned vehicle in a safe operating

condition. Maintenance schedules are outlined in the vehicle’s owner manual and should be adhered to and

along with documentation that prescribed service work was completed.

Enterprise Fleet Services handles the maintenance on most vehicles. Keep the Enterprise card in the glove

box and present when service is needed. The Operations team will communicate with the appropriate driver

when it is time for certain maintenance. If you have reserved the vehicle at a time when maintenance is

required for it, it is your responsibility to complete the required maintenance. Oil changes should occur every

5,000 miles with tire rotation every other oil change. The transmission should be serviced around 60,000

miles. If the vehicle needs to be towed, call the number on the back of the card (800)325-8838 and they will

assist you.

KIPP DELTA PUBLIC SCHOOLS |

Never leave a company vehicle at a service facility without specific instructions as to what work needs to be

done. It is the employee’s responsibility to follow procurement procedures for any work beyond the normal

routine maintenance needs (i.e. oil changes, tire rotation).

Please keep the company vehicle clean at all times. Car washes may happen on a monthly basis. Gas cards

cannot be used to purchase the car wash so you will need to submit for reimbursement or use a KDPS credit

card (be sure to keep the receipt). Always “leave it better than we found it” by keeping the interior of the

vehicle clean for other drivers.

Roadside Assistance

 Call (800) 325-8838 (the number on the back of the maintenance ID card)

 Press “4” for maintenance location and roadside assistance

 Email your Operations Director to notify them of the situation

How to Report an Accident

If you are involved in an accident, it is necessary to follow the procedure outlined below:

1. If anyone is hurt, call for medical assistance.

2. Immediately following an accident, stop and investigate what damage might have occurred to the

vehicle.

3. Get the names and addresses of the owner(s) and driver(s) involved, license number and registration

number of the car(s) involved and the names and addresses of any passengers in the vehicles

connected with the accident.

4. Get the name of the other party’s insurance company and insurance policy number.

5. Get the names and addresses of witnesses, if any.

6. If law enforcement officers are present at the scene, note their names, badge and precinct numbers. If

no police officers are present, try to have one called to the scene of the accident.

7. Express no opinion as to who was at fault. Give no information except as required by law

enforcement officers.

8. Sign no statements for anyone except an identified representative of the insurance company covering

the company vehicle.

9. Contact the Fleet Administrator and Human Resources Director within the first 24 hours preceding

the accident so a preliminary accident report may be taken.

10. Keep a copy of the company’s authorized accident reporting form for your records.

11. Complete all reports required by local law enforcement and state motor vehicle authorities. If you

need help in completing these reports, request help from your local police department, state motor

vehicle office, or the Human Resources Director.

12. If any demand, claims or summons is served to an employee involved in an accident asserting

liability against the employee, contact the company Fleet Administrator immediately.

13. If the collision involves an unattended vehicle, you must attempt to notify the owner. If that is not

directly possible, attach a note to the vehicle asking the owner to contact you. Notify the police

immediately telling them that you have attempted to make contact with the owner.

Withdrawal of Fleet Car Privilege

Drivers who fail to adhere to vehicle policies and procedures may have their driving privileges suspended or

revoked, and are subject to disciplinary action.

The privilege of driving a fleet car can be withdrawn for any of the following reasons:

 Abuse or misuse of the vehicle or failure to comply with the rules and procedures in the policy

 A driving record which becomes deficient during the course of operating a fleet car

 Conviction or a guilty plea to driving a fleet car under the influence of alcohol or an illegal controlled

substance

Date Adopted: July 30, 2020

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Weapons on Campus

Firearms

Except as permitted by this policy, no employee of KIPP Delta Public Schools, including those who may

possess a “concealed carry permit,” shall possess a firearm on any school campus or in or upon any school bus

or at a designated bus stop.

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

property:

 He/she is participating in a school-approved educational course or program involving the use of firearms

such as ROTC programs, hunting safety or military education, or before or after-school hunting or rifle

clubs;

 The firearms are securely stored and located in an employee’s on-campus personal residence and/or

immediately adjacent parking area;

 He/she is a registered, commissioned security guard acting in the course and scope of his/her duties;

 He/she has a valid conceal carry license and leaves his/her handgun in his/her locked vehicle in the

KDPS parking lot.

Possession of a firearm by a KIPP Delta employee who does not fall under any of the above categories

anywhere on school property, including parking areas and in or upon a school bus, will result in disciplinary

action being taken against the employee, which may include termination or nonrenewal of the employee.

Other Weapons

An employee may possess a pocket knife which for the purpose of this policy is defined as a knife that can be

folded into a case and has a blade or blades of less than three (3) inches or less each. An employee may carry,

for the purpose of self-defense, a small container of pepper spray or mace which for the purpose of this policy

is defined as having a capacity of 150cc or less. Employees are expected to safeguard such items in such a way

as to ensure they are not possessed by students. Such items are not to be used against students, parents or

other school employees. Possession of weapons, knives or self-defense items that do not comply with the

limits contained herein, the failure of an employee to safeguard such items, or the use of such items against

students, parents or other KDPS employees may result in disciplinary action being taken against the

employee, which may include termination or nonrenewal of the employee.

Employees who are participating in a Civil War reenactment may bring a Civil War era weapon onto campus

with prior permission of the building leader. If the weapon is a firearm, the firearm must be unloaded.

Legal References: A.C.A. § 5-73-119

A.C.A. § 5-73-120

A.C.A. § 5-73-124(a)(2)

A.C.A. § 5-73-301

A.C.A. § 5-73-306

A.C.A. § 6-5-502

Date Adopted: September 2015

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Cell Phone Usage

Use of cell phones or other electronic communication devices by employees during their designated work

time for other than KIPP Delta-approved purposes is strictly forbidden unless specifically approved in

advance by the Executive Director, School Leader, or their designees.

KDPS staff shall not be given cell phones or computers for any purpose other than their specific use

associated with school business. School employees who use school issued cell phones and/or computers for

non-school purposes, except as permitted by KDPS policy, shall be subject to discipline, up to and including

termination. School employees who are issued KDPS cell phones due to the requirements of their position

may use the phone for personal use on an “as needed” basis provided it is not during designated work time.

All employees are forbidden from using school issued cell phones while driving any vehicle at any time.

Violation may result in disciplinary action up to and including termination.

No employee shall use any device for the purposes of browsing the internet; composing or reading emails and

text messages; or making or answering phone calls while driving a motor vehicle which is in motion and on

school property. Violation may result in disciplinary action up to and including termination.

KIPP Delta does not reimburse employees for charges incurred on their personal cell phones, even if the

charges are for business purposes.

Legal References: IRS Publication 15 B

A.C.A. § 27-51-1602

A.C.A. § 27-51-1609

Date Adopted: August 2012

Last Revised: September 2015

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Responsibilities in Dealing with Sex Offenders on Campus

Individuals who have been convicted of certain sex crimes must register with law enforcement as sex

offenders. Arkansas law places restrictions on sex offenders with a Level 1 sex offender having the least

restrictions (lowest likelihood of committing another sex crime), and Level 4 sex offenders having the most

restrictions (highest likelihood of committing another sex crime).

While Levels 1 and 2 place no restrictions prohibiting the individual’s presence on a school campus, Levels 3

and 4 have specific prohibitions. These are specified in MEGAN’S LAW and it is the responsibility of KDPS

staff to know and understand the policy and, to the extent requested, aid school administrators in enforcing

the restrictions placed on campus access to Level 3 and Level 4 sex offenders.

It is the intention of the board of directors that KDPS staff not stigmatize students whose parents or

guardians are sex offenders while taking necessary steps to safeguard the school community and comply with

state law. Each school’s administration should establish procedures so attention is not drawn to the

accommodations necessary for registered sex offender parents or guardians.

All classified and licensed personnel will sign a form acknowledging receipt of this policy.

Legal References: A.C.A. § 12-12-913 (g) (2) Arkansas Department of Education

Guidelines for “Megan’s Law”

A.C.A. § 5-14-132

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Public Office

An employee of KDPS who is elected to the Arkansas General Assembly or any elective or appointive public

office (not legally constitutionally inconsistent with employment by a public school district) shall not be

discharged or demoted as a result of such service.

No paid leave will be granted for the employee’s participation in such public office. The employee may receive

pay for personal leave or vacation (if applicable), if approved in advance by the Executive Director, during his

absence.

Prior to taking leave, and as soon as possible after the need for such leave is discerned by the employee, he

must make written request for leave to the Executive Director, setting out, to the degree possible, the dates

such leave is needed.

An employee who fraudulently requests sick leave for the purpose of taking leave to serve in public office may

be subject to nonrenewal or termination of his employment.

Legal Reference: A.C.A. § 6-17-115

Date Adopted: August 2012

Licensed and Classified Personnel Outside Employment

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

An employee may not accept employment outside of his/her KDPS employment that will interfere, or

otherwise be incompatible with KIPP Delta employment, including normal duties outside the regular work

day; nor shall an employee accept other employment which is inappropriate for an employee of a public

school.

The Executive Director, or his designee(s), shall be responsible for determining whether outside employment

is incompatible, conflicting or inappropriate.

Legal References: A.C.A. § 6-24-106, 107, 111

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Employment

All prospective employees must fill out an application form provided by KDPS. In addition to any resume

provided, all of the information provided will be kept on file with KIPP Delta.

If the employee provides false or misleading information, or if he/she withholds information to the same

effect, it may be grounds for dismissal. In particular, it will be considered a material misrepresentation and

grounds for termination of contract of employment if an employee’s licensure status is discovered to be other

than as it was represented by an employee or applicant, either in writing on application materials or in the

form of verbal assurances or statements made to KIPP Delta.

It is grounds for termination of contract of employment if an employee fails a criminal background check or

receives a true report on the Child Maltreatment Central Registry check.

KIPP Delta Public Schools is an equal opportunity employer and shall not discriminate on race, color, religion,

sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Inquiries on nondiscrimination may be directed to the KIPP Delta Human Resources Department at 870-753-

9035. For further information on notice of non-discrimination or to file a complaint, visit

http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm; for the address and phone number of the office

that serves your area, or call 1-800-421-3481.

In accordance with Arkansas law, KIPP Delta provides a veteran preference to applicants who qualify for one

of the following categories:

1. a veteran without a service-connected disability;

2. a veteran with a service-connected disability; and

3. a deceased veteran’s spouse who is unmarried throughout the hiring process; or

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

a. A person honorably discharged from a tour of active duty, other than active duty for training only, with

the armed forces of the United States; or

b. Any person who has served honorably in the National Guard or reserve forces of the United States for a

period of at least six (6) years, whether or not the person has retired or been discharged.

In order for an applicant to receive the veteran’s preference, the applicant must be a citizen and resident of

Arkansas, be substantially equally qualified as other applicants and do all of the following:

1. Indicate on the employment application the category the applicant qualifies for;

2. Attach the following documentation, as applicable, to the employment application:

 Form DD-214 indicating honorable discharge;

 A letter dated within the last six months from the applicant’s command indicating years of service in

the National Guard or Reserve Forces as well as the applicant’s current status;

 Marriage license;

 Death certificate;

 Disability letter from the Veteran’s Administration (in the case of an applicant with a service-related

disability).

Failure of the applicant to comply with the above requirements shall result in the applicant not receiving the

veteran preference; in addition, meeting the qualifications of a veteran or spousal category does not

guarantee either an interview or being hired.

Legal References: A.C.A. § 6-17-410

A.C.A. § 6-17-411

A.C.A. § 21-3-302

A.C.A. § 21-3-303

28 C.F.R. § 35.106

34 C.F.R. § 100.6

34 C.F.R. § 104.8

KIPP DELTA PUBLIC SCHOOLS |

34 C.F.R. § 106.9

34 C.F.R. § 108.9

34 C.F.R. § 110.25

Date Adopted: August 2012

Last Revised: September 2015

Healthcare and the Affordable Care Act

Definitions

“Dependent”, for purposes of this policy, means an employee’s child(ren) and/or spouse who are enrolled by

the employee in health care coverage through KIPP Delta’s health care plans.

“Full-time employee”, for purposes of this policy, means an employee in a position requiring on average

thirty (30) hours of actual performance per week during the annual school year.

“Responsible individual” means a primary insured employee who, as a parent or spouse, enrolls one or more

individual(s) in health care coverage through the KIPP Delta’s health care plans.

"Variable hour employee", for the purposes of this policy, means an individual who has no base minimum

number of hours of performance required per week.

Health Insurance Enrollment

All full time employees are eligible to enroll themselves; their spouse, so long as the spouse is not otherwise

eligible for insurance through his/her employer's sponsored plan; and their child(ren) in one of the insurance

plans through the Public School Employee Life and Health Insurance Program (PSELHIP). Variable hour

employees are not eligible to enroll in a PSELHIP plan. If a variable hour employee’s measurement period

finds that the employee averaged thirty (30) or more hours per week, then the employee is treated as a full

time employee rather than a variable hour employee and is eligible for health insurance.

New full time

employees have sixty (60) days following the start date of the employee’s contract to elect to enroll in a

PSELHIP plan; all new employees shall be informed in writing of the start date of the employee’s contract and

that the employee has sixty (60) days from that date to elect PSELHIP coverage. Coverage for new employees

who choose to enroll in a PSELHIP plan shall take effect on the first of the month following the date on the

enrollment application. New have thirty (30) days to enroll in supplemental insurances. Coverage shall be in

effect until the end of the calendar year. Employees who experience a Qualifying Status Change Event have

sixty (60) days from the date of the Qualifying Status Change Event to file an application to change coverage

information. All employees who continue to be eligible may elect to continue coverage and make changes to

their PSELHIP plan for the following plan year during the yearly open enrollment period.

KDPS shall ensure all employees are provided education annually on the advantages and disadvantages of a

consumer-driven health plan option and effective strategies of using a Health Savings Account (HSA).

KDPS Contribution to Premiums

At a minimum, KDPS shall distribute the statutorily required contribution rate to all employees who are

enrolled in one of the PSELHIP plans, which shall include any mandatory increases to the contribution rate

due to increases to the salary schedule.

KDPS does not participate in the State Health Insurance Portability Program.

Measurement Method of Employee Hours

KIPP Delta uses the look-back method for determining if an employee qualifies as a full-time employee.

KIPP DELTA PUBLIC SCHOOLS |

W-2

For all full-time employees who are enrolled in a PSELHIP plan, KIPP Delta shall indicate in box twelve (12) of

the employee’s Form W-2 the cost of the employee’s health care coverage by using code “DD”.

IRS Returns

KDPS will electronically file with the IRS by March 31 of each year the forms required by the IRS on the health

insurance coverage of each full-time employee for the previous calendar year, whether or not the full-time

employee participates in a health insurance plan through the PSELHIP.

Statement of Return

KDPS shall send to each full-time employee a Statement of Return (Statement) regarding the IRS Return

filed

on the employee. The Statement shall contain: The employer’s name, address, and Employer Identification

Number (EIN) as well as a copy of the IRS Return filed on the employee. KDPS shall send a copy of the

Statement to the employee on or before January 31 of the calendar year following the calendar year the

information in the Statement covers. KDPS shall send only one Statement to the household of an employee

who meets the definition of a responsible individual that will include all requisite information for both the

responsible individual and the responsible individual’s dependent’(s). The Statement will be mailed to the

employee’s address on record.

Record Retention

KDPS shall maintain copies of the Statements sent to employees in accordance with the requirements for

documents transmitted to the IRS.

Legal References: A.C.A. § 6-17-1117

A.C.A. § 21-5-401 et seq.

26 C.F.R. § 54.4980h-0 et seq.

26 C.F.R. § 31.6001-1

26 C.F.R. § 301.6056-1

Date Adopted: September 2015

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Reimbursement of Travel Expenses

Employees shall be reimbursed for personal and/or travel expenses incurred while performing duties or

attending workshops or other employment-related functions, provided that prior written approval for the

activity for which the employee seeks reimbursement has been received from the Executive Director, School

Director (or other immediate supervision with the authority to make school approvals), or the appropriate

designee of the Executive Director and that the teacher’s attendance/travel was at the request of the KDPS.

It is the responsibility of the employee to determine the appropriate supervisor from which he must obtain

approval.

Reimbursement claims must be made on forms provided by KIPP Delta and must be supported by

appropriate, original receipts. Copies of receipts or other documentation are not acceptable, except in

extraordinary circumstances.

Date Adopted: August 2012

Licensed and Classified Personnel Tobacco Use

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to,

cigarettes, cigars, chewing tobacco, and snuff) in or on any real property owned or leased by a KIPP Delta

school, including school buses owned or leased by KIPP Delta, or other school vehicles is prohibited.

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or

nicotine delivery system or product. Specifically, the prohibition includes any product that is manufactured,

distributed, marketed, or sold as e-cigarettes, e-cigars, e-pipes, or under any other name or descriptor.

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

Legal Reference: A.C.A. § 6-21-609

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Dress of Licensed and Classified Personnel

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

Date Adopted: August 2012

Licensed and Classified Personnel Political Activity

Employees are free to engage in political activity outside of work hours to the extent that it does not affect the

performance of their duties or adversely affect important working relationships.

It is specifically forbidden for employees to engage in political activities on the school grounds or during work

hours. The following activities are forbidden on school property:

1. Using students for preparation or dissemination of campaign materials;

2. Distributing political materials;

3. Distributing or otherwise seeking signatures on petitions of any kind;

4. Posting political materials; and

5. Discussing political matters with students, in the classroom, in other than circumstances appropriate to

the Frameworks and/or the curricular goals and objectives of the class.

Date Adopted: August 2012

Licensed and Classified Personnel Debts

For the purposes of this policy, "garnishment" of a KIPP Delta employee is when the employee has lost a

lawsuit to a judgment creditor who brought suit against a KIPP Delta employee for an unpaid debt, has been

awarded money damages as a result, and these damages are recoverable by filing a garnishment action

against the employee’s wages. For the purposes of this policy, the word “garnishment” excludes such things as

child support, student loan or IRS liens or voluntary deductions levied against an employee’s wages.

All employees are expected to meet their financial obligations. If an employee writes “hot” checks or has his

income garnished by a judgment creditor, dismissal may result.

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

third garnishment may result in dismissal.

At the discretion of the Executive Director, he or his designee may meet with an employee who has received a

second garnishment for the purpose of warning the employee that a third garnishment will result in a

recommendation of dismissal to the School Board.

At the discretion of the Executive Director, a second garnishment may be used as a basis for a recommended

dismissal. The Executive Director may take into consideration other factors in deciding whether to

recommend dismissal based on a second garnishment. Those factors may include, but are not limited to, the

amount of the debt, the time between the first and the second garnishment, and other financial problems that

come to the attention of KIPP Delta.

Date Adopted: April 2017

KIPP DELTA PUBLIC SCHOOLS |

Licensed and Classified Personnel Grievances

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest possible

level, their concerns related to the personnel policies or salary payments of this KIPP Delta Public Schools.

Definitions

Grievance: a claim or concern related to the interpretation, application, or claimed violation of the personnel

policies, including salary schedules, federal or state laws and regulations, or terms or conditions of

employment, raised by an individual employee of this organization. Other matters for which the means of

resolution are provided or foreclosed by statute or administrative procedures shall not be considered

grievances. Specifically, no grievance may be entertained against a supervisor for directing, instructing,

reprimanding, or “writing up” an employee under his/her supervision. A group of employees who have the

same grievance may file a group grievance.

Group Grievance: A grievance may be filed as a group grievance if it meets the following criteria: (meeting the

criteria does not ensure that the subject of the grievance is, in fact, grievable)

1. More than one individual has interest in the matter; and

2. The group has a well-defined common interest in the facts and/or circumstances of the grievance; and

3. The group has designated an employee spokesperson to meet with administration and/or the board; and

4. All individuals within the group are requesting the same relief.

Employee: any person employed under a written offer letter by KIPP Delta Public Schools.

Immediate Supervisor: the person immediately superior to an employee who directs and supervises the work

of that employee.

Working day: any weekday other than a holiday whether or not the employee is scheduled to work.

Immediate Family: an employee’s spouse, legal domestic partner, child, stepchild, adopted child, father,

mother, brother, sister, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-

law, brother-in-law, sister-in-law, guardian, and/or other members of the family living in the same household

of the employee.

Process

Level One

An employee who believes that he/she has a grievance shall inform that employee’s immediate supervisor

that the employee has a potential grievance and discuss the matter with the supervisor within five working

days of the occurrence of the grievance. The supervisor shall offer the employee an opportunity to have a

witness or representative who is not a member of the employee’s immediate family present at their

conference. (The five-day requirement does not apply to grievances concerning back pay.) If the grievance is

not advanced to Level Two within five working days following the conference, the matter will be considered

resolved and the employee shall have no further right with respect to said grievance.

If the grievance cannot be resolved by the immediate supervisor, the employee can advance the grievance to

Level Two. To do this, the employee must complete the top half of the Level Two Grievance Form (see

Appendix) within five working days of the discussion with the immediate supervisor, citing the manner in

which the specific personnel policy was violated that has given rise to the grievance, and submit the

Grievance Form to his/her immediate supervisor. The supervisor will have ten working days to respond to

the grievance using the bottom half of the Level Two Grievance Form which he/she will submit to the

building School Director or, in the event that the employee’s immediate supervisor is the building School

Director, the Executive Director. In the event that the employee’s immediate supervisor is the Executive

Director, the Executive Director will complete the bottom half of the Level Two Grievance Form and submit it

to the Chair of the KIPP Delta Board of Directors.

Level Two

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When appeal is to the building School Director: Upon receipt of a Level Two Grievance Form, the building

School Director will have ten working days to schedule a conference with the employee filing the grievance.

The School Director shall offer the employee an opportunity to have a witness or representative who is not a

member of the employee’s immediate family present at their conference. After the conference, the School

Director will have ten working days in which to deliver a written response to the grievance to the employee.

If the grievance is not advanced to Level Three within five working days, the matter will be considered

resolved and the employee shall have no further right with respect to said grievance.

When appeal is to the Executive Director: Upon receipt of a Level Two Grievance Form, the Executive Director

will have ten working days to schedule a conference with the employee filing the grievance. The Executive

Director shall offer the employee an opportunity to have a witness or representative who is not a member of

the employee’s immediate family present at their conference. After the conference, the Executive Director will

have ten working days in which to deliver a written response to the grievance to the employee.

When appeal is to the Chair of the KIPP Delta Board of Directors: Upon receipt of a Level Two Grievance

Form, the Chair of the KIPP Delta Board of Directors will have ten working days to review the grievance and

decide if the grievance, on its face, is grievable under KDPS policy. If the Chair rules the grievance, whether

group or individual, is not grievable, the matter shall be considered closed. If the Chair believes that the

grievance is grievable, the Chair shall share the grievance with the entire Board Executive Committee and

shall commence a hearing on the grievance. The Board Executive Committee may decide to conduct an

investigation before or after the hearing.

The Board Executive Committee will invite all parties and representatives of their choosing to the hearing.

The Committee shall offer the employee an opportunity to have a witness or representative who is not a

member of the employee’s immediate family present at their conference. The employee shall have no less

than 90 minutes to present his/her grievance, unless a shorter period is agreed to by the employee, and both

parties shall have the opportunity to present and question witnesses. The hearing may be held in open or

closed session. If the hearing is open, the parent or guardian of any student under the age of eighteen years

who gives testimony may elect to have the student’s testimony given in closed session. At the conclusion of

the hearing, if the hearing was closed, the Board Executive Committee may excuse all parties except board

members and deliberate, by themselves, on the hearing. At the conclusion of an open hearing, board

deliberations may occur in open or closed session. Deliberations related to employment, appointment,

promotion, demotion, disciplining, or resignation of the employee must be held in closed session.

If any member of the board becomes the recipient of grievance against the Executive Director or other party,

the grievance should be immediately forwarded to the Chair.

A decision on the grievance shall be announced no later than the next regular board meeting.

Level Three

If the proper recipient of the Level Two Grievance was the building School Director, and the employee

remains unsatisfied with the written response to the grievance, the employee may advance the grievance to

the Executive Director by submitting a copy of the Level Two Grievance Form and the School Director’s reply

to the Executive Director within five working days of his/her receipt of the School Director’s reply. The

Executive Director will have ten working days to schedule a conference with the employee filing the

grievance. The Executive Director shall offer the employee an opportunity to have a witness or representative

who is not a member of the employee’s immediate family present at their conference. After the conference,

the Executive Director will have ten working days in which to deliver a written response to the grievance to

the employee.

Appeal to the Board of Directors: An employee who remains unsatisfied by the written response of the

Executive Director may appeal the Executive Director’s decision to the Board of Directors within five working

days of his/her receipt of the Executive Director’s written response by submitting a written request for a

board hearing to the Executive Director. If the grievance is not appealed to the Board of Directors within five

working days of his/her receipt of the Executive Director’s response, the matter will be considered resolved

and the employee shall have no further right with respect to said grievance.

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The Board of Directors will address the grievance at a meeting, either regular or special, of the Board of

Directors within the sixty days of the grievance. After reviewing the Level Two Grievance Form and the

Executive Director’s reply, the board will decide if the grievance, on its face, is grievable under KDPS policy. If

the grievance is presented as a “Group Grievance,” the Board shall first determine if the composition of the

group meets the definition of a “Group Grievance.” If the Board determines that it is a Group Grievance, the

Board shall then determine whether the matter raised is grievable.

If the Board rules the composition of the group does not meet the definition of a Group Grievance, or the

grievance, whether group or individual, is not grievable, the matter shall be considered closed. (Individuals

within the disallowed group may choose to subsequently re-file their grievance as an individual grievance

beginning with Level One of the process.)

If the Board rules the grievance to be grievable, they shall commence a hearing on the grievance. All parties

have the right to representation by a person of their own choosing who is not a member of the employee’s

immediate family at the appeal hearing before the Board of Directors. The employee shall have no less than

90 minutes to present his/her grievance, unless a shorter period is agreed to by the employee, and both

parties shall have the opportunity to present and question witnesses. The hearing shall be open to the public

unless the employee requests a private hearing. If the hearing is open, the parent or guardian of any student

under the age of eighteen years who gives testimony may elect to have the student’s testimony given in closed

session. At the conclusion of the hearing, if the hearing was closed, the Board of Directors may excuse all

parties except board members and deliberate, by themselves, on the hearing. At the conclusion of an open

hearing, board deliberations shall also be in open session unless the board is deliberating the employment,

appointment, promotion, demotion, disciplining, or resignation of the employee. A decision on the grievance

shall be announced no later than the next regular board meeting.

Records

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

file of any employee.

Reprisals

No reprisals of any kind will be taken or tolerated against any employee because he/she has filed or advanced

a grievance under this policy.

Legal References: ACA § 6-17-208, 210

Date Adopted: August 2012

Date Revised and Approved: May 19, 2020

Licensed and Classified Personnel Sexual Harassment

It is the policy of KIPP Delta Public Schools that all employees, students, customers, contractors, and visitors

to our campuses enjoy a positive, respectful and productive work environment free from behavior, actions or

language constituting workplace harassment. KIPP Delta Public Schools is committed to providing and

promoting an atmosphere of respect for all members of the KIPP Delta community.

Toward this end, all members of the KIPP Delta community (including staff and students) must understand

that harassment will not be tolerated, and that they are required to abide by KIPP Delta policy. Supervisors

have a responsibility to ensure compliance with all applicable laws and regulations and to create a safe and

pleasant workplace environment for their employees. Therefore, supervisors must be familiar with anti-

harassment laws and regulations and possible consequences of violations.

The purpose of this policy includes: to serve as notice of the types of behavior which are unacceptable and

will not be tolerated by KIPP Delta and to advise those who feel they have been the object of harassment of

the recourses available to them. It is incumbent upon anyone who feels he or she has been harassed to avail

themselves of this policy and procedure.

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Engaging in harassment is unacceptable conduct which will not be tolerated. Any student found to have

engaged in harassment will be subject to disciplinary action up to and including suspension. Any employee

found to have engaged in harassment will be subject to disciplinary action up to and including termination.

Managers and supervisors who know or should have known of harassment and fail to report such behavior,

or fail to take immediate, appropriate action, will be subject to disciplinary action up to and including

termination.

In determining whether alleged harassing conduct warrants corrective action, all relevant circumstances,

including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of

what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an

individual.

This policy seeks to encourage students, faculty, and other employees to express freely, responsibly, and in an

orderly way opinions and feelings about any problem or complaint of harassment. Retaliation against persons

who report or provide information about harassment or behavior that might constitute harassment is also

strictly prohibited.

Any act of reprisal, including internal interference, coercion, and restraint, by a KIPP Delta employee or by

one acting on behalf of the KIPP Delta, violates this policy and will result in appropriate disciplinary action.

KIPP Delta also recognizes that false accusations of harassment can have serious effects on innocent persons.

If the investigation results in finding that the complainant has acted maliciously or has recklessly made false

accusations, the accuser will be subject to appropriate disciplinary actions. Retaliation is a serious violation of

this policy and should be reported immediately.

Responsibilities of KIPP Delta Public Schools Supervisors

All members of the KIPP Delta community have a general responsibility to contribute in a positive way to a

KIPP Delta environment that is free of harassment. Supervisory personnel, however, have additional

responsibilities. Supervisory personnel are not only responsible for educating and sensitizing employees in

their units about harassment issues, but they are also directed to take all appropriate steps to prevent and

stop harassment in their areas of responsibility. Supervisory personnel who are contacted by an individual

seeking to file a complaint about harassment in their department or area of responsibility shall assist the

complainant in contacting the appropriate personnel.

Rights and Responsibilities of the Individual making the Complaint

 The right to have an opportunity to fully respond to the complaint.

 The right to have the complaint investigated and resolved in a timely manner.

 The responsibility not to take any actions against the complainant that could be considered

retaliation. There should be no contact between the supervisor and complainant during the course of

action.

 The right to know the steps taken to resolve the complaint. Investigators will fully inform the

individual on the status of the investigation.

 The responsibility of providing as much information as possible as requested by the investigator(s)

in order to provide a fair and just resolution to the complaint.

 The responsibility of maintaining confidentiality. The nature of the complaint should not be disclosed

to persons not involved.

DEFINITIONS

Harassment: as defined by the Equal Employment Opportunity Commission (EEOC),” is a form of employment

discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment

Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome

conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Workplace

harassment can also be an act done by any person at the workplace intending to make the other

uncomfortable. Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition

KIPP DELTA PUBLIC SCHOOLS |

of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment

that a reasonable person would consider intimidating, hostile, or abusive”

(http://www.eeoc.gov/types/harassment.html).

Harassment based upon race, color, religion, sex, national origin, age, or disability is a form of discrimination

and is prohibited by federal laws. Harassment based on sexual orientation or group affiliation is prohibited by

KIPP Delta policy. The KIPP Delta, in its efforts to foster an environment of respect for the dignity and worth

of all members of the KIPP Delta community, is committed to maintaining a work-learning environment free

of harassment. Supervisors have a responsibility to ensure compliance with all applicable laws and

regulations and to create a safe and pleasant workplace environment for their employees. Therefore,

supervisors must be familiar with anti-harassment laws and regulations and possible consequences of

violations. According to the legal definition, harassment includes but is not limited to: Verbal harassment, e.g.,

epithets, derogatory comments or slurs; Physical harassment, e.g., assault, impeding or blocking movement,

or any physical interference with normal work or movement, when directed at an individual; Visual forms of

harassment, e.g., derogatory posters, cartoons, or drawings; or Sexual favors, e.g., unwanted sexual advances

which condition an employment benefit upon an exchange of sexual favors.

Hostile Environment: A hostile environment is determined by looking at all of the circumstances including:

the nature of the alleged hostility the frequency of the allegedly harassing conduct, its severity, whether it is

physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work or

student’s academic performance

Quid Pro Quo: Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct

of a sexual nature by one in a position of power or influence constitutes “quid pro quo sexual harassment”

when: submission by an individual is made either an explicit or implicit term or condition of employment or

of academic standing, or submission to or rejection of such conduct is used as the basis for academic or

employment decisions affecting that employee or student

As defined, “quid pro quo” normally arises in the context of an authority relationship. This relationship may

be direct as in the case of a supervisor and subordinate or teacher and student or it may be indirect when the

harasser has the power to influence others who have authority over the victim. Same sex sexual harassment

is included in the definition of this policy and the offender and victim can be either male or female.

How to Respond and Report Harassment

Persons who believe they have been victims of harassment should report the incident(s) immediately to

appropriate administrative personnel as set forth below. Delay in reporting makes it more difficult to

establish the facts of a case and may contribute to the repetition of offensive behavior.

If a complainant is able and feels safe, he or she should clearly explain to the respondent that the behavior is

objectionable and request that it cease. The complainant should do so as soon as possible after the incident

occurs. Communication with the respondent may be in person, on the telephone, or in writing.

If the behavior does not stop, or if the complainant believes some adverse employment or educational

consequences may result from the discussion, he or she should utilize KIPP Delta’s documented harassment

reporting process. Complaints may be filed anonymously. The following sections identify appropriate

reporting channels that students and employees should contact regarding harassment.

Student Complaints

If the complaint is against a staff member it should be directed to the Human Resources Department. This also

applies to students participating in internships, field placements, student teaching, and off campus academic

settings.

If the complaint is against another student, not acting in an instructional or other employment capacity, it

should be directed to the School Director and the Human Resources Director.

Students who believe for any reason that they cannot effectively submit their formal complaint through the

above channels can direct their complaint to either the Chief Operating Officer or the Executive Director.

KIPP DELTA PUBLIC SCHOOLS |

Employee Complaints

If the complaint is against another member of KIPP Delta’s staff or a contractor, it should be directed to the

Human Resources Department.

If the complaint is against an enrolled student, it should be directed to the School Director and the Human

Resources Department.

Staff who believe for any reason that they cannot effectively submit their formal complaint through the above

channels can direct their complaint to either Chief Operating Officer or the Executive Director.

Filing the Complaint

The process is initiated when a written, signed complaint is submitted to the Human Resources Director. The

signed complaint should include the names of the individuals involved, a description of what occurred, and

the time(s), place(s), and date(s) of the event(s). Signed complaints can be submitted by e-mail to the Human

Resources Director.

Investigation and Resolution

The investigator(s) will ask the respondent to submit a detailed statement describing what occurred at the

time of the alleged incident and listing the names of any witnesses with a brief description of what each may

have seen or been told. The investigator(s) will begin the investigation within five (5) business days after

receipt of the statement. Each party will prepare and submit a detailed written statement.

The investigator(s) may conduct interviews with witnesses. If possible, statements of witnesses will be in

writing and signed; however, the investigator(s) may prepare written summaries of oral statements made by

the witnesses. The investigator(s) must inform each witness that his or her statement will be furnished to

each of the respective parties.

When the investigation is complete, the investigator(s) will prepare a written preliminary report. The report

should describe the evidence in detail, have attached summaries, and other relevant documents, and contain

recommendations. The complainant and respondent will have three (3) business days in which to share their

response to this report with the investigator(s). The investigator(s) will consider responses and prepare a

final report to be sent to the complainant, respondent, and the Executive Director.

Appeal Process / Final Decision

Either party may respond to the final report of the investigator(s) by written letter to the

Executive Director. This letter should contain arguments as to why the recommendation(s) of the

investigator(s) should be modified, accepted, or rejected. The Executive Director shall consider both the

report of the investigator(s) and the letters of the respective parties. The decision of the Executive Director is

final. The complainant and the respondent will be notified of the outcome of the investigation.

False Allegations

KIPP Delta recognizes that the question of whet her a particular course of conduct constitutes harassment

requires a factual determination. KIPP Delta also recognizes that false accusations of harassment can have

serious effects on innocent persons. If the investigation results in finding that the complainant has acted

maliciously or has recklessly made false accusations, the accuser will be subject to appropriate disciplinary

actions.

Record Keeping

All written records generated through the use of the complaint procedure shall be kept for a period of three

years in respective student’s records or the employee’s records in the regional KIPP Delta Human Resources

Department.

Appendix

Common Definitions:

Student: Any individual enrolled at a KIPP Delta Public School.

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Employee: This generally includes full and part-time staff paid by KIPP Delta. It generally excludes students

or temporary employees. For specific information on who is considered an employee, contact the Human

Resources Department.

Supervisor: An employee designated by management who exercises major supervisory functions over

another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining

employees.

Confidentiality

KIPP Delta Public Schools will do everything consistent with enforcement of this policy and with the law to

protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated

fairly. Information about individual complaints and their disposition is considered confidential and will be

shared only on a “need to know” basis. All reasonable steps will be taken to assure that the complainant and

the alleged offender are protected by the highest degree of confidentiality possible. Both parties are advised,

however, that once an inquiry or an investigation has begun, anonymity may be impossible.

Legal References: Title IX of the Education Amendments of 1972, 20 USC 1681, et seq. Title VII of the Civil

Rights Act of 1964, 42 USC 2000-e, et seq.

A.C.A. § 6-15-1005 (b) (1)

Date Adopted: August 2012

Date Modified: April 2017

The Code of Ethics for Arkansas Educators

The purpose of the Rules Governing the Code of Ethics for Arkansas Educators (Code of Ethics) is to define

standards of ethical conduct for all educators, whether licensed or employed under a legal waiver from

licensure, and to outline procedures for receiving complaints, authorizing and conducting investigations, and

recommending enforcement of the Code of Ethics.

The professional, ethical educator contributes to the development and maintenance of a supportive student-

focused learning community that values and promotes human dignity, fairness, care, and the greater good

and individual rights. These values are the ethical premises for the standards of professional behavior and

ethical decision-making established in this Code of Ethics. By establishing standards of ethical conduct, the

Code of Ethics promotes the health, safety, and general welfare of students and educators and ensures the

citizens of Arkansas a degree of accountability within the education profession. At a minimum, Arkansas

educators and preservice teachers must adhere to the Code of Ethics represented below.

An allegation of unethical conduct, authorized for investigation, and subsequently considered by the Ethics

Subcommittee or the Ethics Hearing Subcommittee, and the State Board shall be based upon an alleged

violation of the following:

Standard 1: An educator maintains a professional relationship with each student, both in and outside the

classroom.

Standard 2: An educator maintains competence regarding his or her professional practice, inclusive of

professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her

organizational position

Standard 3: An educator honestly fulfills reporting obligations associated with professional practices.

Standard 4: An educator entrusted with public funds and property, including school sponsored activity funds,

honors that trust with honest, responsible stewardship.

Standard 5: An educator maintains integrity regarding the acceptance of any gratuity, gift, compensation or

favor that might impair or appear to influence professional decisions or actions and shall refrain from using

the educator’s position for personal gain.

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Standard 6: An educator keeps in confidence secure standardized test materials and results and maintains

integrity regarding test administration procedures.

Standard 7: An educator maintains the confidentiality of information about students and colleagues obtained

in the course of the educator’s professional services that is protected under state law or regulations, federal

law or regulations, or the written policies of the educator’s school district, unless disclosure serves a

professional purpose as allowed or required by law or regulations.

Standard 8: An educator, while on school premises or at school-sponsored activities involving students,

refrains from:

a) using, possessing and/or being under the influence of alcohol or unauthorized drugs/substances,

and/or possessing items prohibited by law,

b) possessing or using tobacco or tobacco-related products, e- cigarettes, e-liquid, or vapor products, or

c) abusing/misusing prescription medications or other authorized substances as evidenced by

impairment.

Date Adopted: August 2012

Date Modified: July 2019

Professional Boundaries: Staff-Student Interaction Policy

In this policy the term “student” refers to any current KIPP Delta student, or recent alumni college-age or

younger. The term “staff” refers to any person employed by KIPP Delta, Inc.

Professional Boundaries

This policy is intended to guide all KIPP Delta staff in conducting themselves in a way that reflects the high

standards of behavior and professionalism required of school employees and to specify the boundaries

between students and staff. Healthy, supportive relationships are a pillar of the KIPP Delta community.

Trespassing the boundaries of a student/KIPP Delta employee relationship and violation of this policy can

lead to disciplinary consequences up to and including termination of employment. In addition, criminal

penalties and sanctions against an educator’s certificate may result for certain conduct with students.

All staff must carefully review this policy along with each of the examples given in the policy related to

acceptable and unacceptable employee behavior (see examples section below). Although this policy gives

specific, clear direction, it is each staff member’s obligation to avoid situations, whether or not explicitly

listed, that could prompt suspicion by parents, students, colleagues, or school leaders. One viable standard

that can be quickly applied, when you are unsure if certain conduct is acceptable, is to ask yourself, “Would I

be engaged in this conduct if my family or colleagues were standing next to me?”

Some activities may seem innocent from a staff member’s perspective, but can be perceived as flirtation or

sexual insinuation from a student or parent point of view. The objective of providing the examples of

acceptable and unacceptable behaviors listed below is not to restrain innocent, positive relationships

between staff and students, but to prevent relationships that could lead to, or may be perceived as, sexual

misconduct.

Staff members must understand their own responsibility for ensuring that they do not cross the boundaries

as written in this policy. Disagreeing with the wording or intent of the established boundaries will be

considered irrelevant for disciplinary purposes. Thus, it is crucial that all employees learn this policy

thoroughly and apply the lists of acceptable and unacceptable behaviors to their daily activities.

Duty to Report

When an employee becomes aware of another staff member or adult on campus having engaged in

unacceptable behaviors as specified in this policy or behaviors regarding professional boundaries otherwise

KIPP DELTA PUBLIC SCHOOLS |

causing suspicion, he or she must immediately report the matter to both the Human Resources Director and

their manager. All reports shall be as confidential as possible under the circumstances. It is the duty of the

Human Resources Director to investigate and thoroughly report the matter. Beyond boundary violations,

known or suspected abuse must be reported to police or protective services. Reporting an incident to both

the Human Resources Director and manager does not relieve the employee of his/her duty to report

suspected child abuse to local authorities.

Any boundary or abuse allegations found credible through an investigation by KIPP Delta management or a

third-party will be reported directly to the KIPP Delta Board Chair.

Failure to Follow this Policy

Failure to follow this policy, either intentionally or unintentionally, is subject to disciplinary action, up to and

including termination, depending on the severity of the violation. Additionally, the violation may be reported

to the appropriate law enforcement agency, as required by law. Any questions regarding this policy should be

directed to the Human Resources Department.

Examples

The following examples are not intended to be all-inclusive.

Examples of unacceptable behaviors (violations of this policy):

 Giving gifts to an individual student that are of a private and intimate nature.

 Kissing or flirting of any kind.

 Any type of unnecessary physical contact with a student in a private situation.

 Making or participating in sexually inappropriate comments.

 Sexual jokes or innuendo.

 Telling stories that are sexually oriented.

 Discussing your own personal relationships or intimate issues with a student in an attempt to gain

their support and understanding of you.

 Spending time outside of regular school hours with student or alumni unless it has been approved by

your school director or manager; (KIPP Delta staff who are parents of KIPP Delta students may have

students over, provided they are there to play with the child.)

 Visiting a student in their home unless a parent, guardian, or another adult is present. (KTC

counselors should not visit alumni in their dorm room or apartment.)

 Allowing a student or a group of students to spend time at your home. (KIPP Delta staff who are

parents of KIPP Delta students may have students over, provided they are there to play with the

child.)

 Spending the night with a student. If an overnight at a hotel is required, the staff member must have

parental consent, school director approval, more than one KIPP Delta adult on the outing, and a

legitimate school reason (field trip, out of area tournament).

 Excessive texting or e-mailing; exchanging texts or emails at hours when a student reasonably should

be sleeping.

 Sharing alcohol, drugs, or cigarettes with a student, purchasing for a student, consuming around any

student, or discussing with students in a manner other than to educate.

Examples of acceptable and recommended behaviors:

 Getting school and parental written consent for an after-school activity.

 Obtaining formal approval to take students off school property for activities such as field trips or

competitions.

KIPP DELTA PUBLIC SCHOOLS |

 E-mails, text, phone and instant messages to students that are professional and pertain to school

activities or classes.

 Meeting alone with a student in a room with windows, cracked door or otherwise

observable/interruptible. (Counselors may also need private space so long as they are logging their

meetings and/or informing a manager.)

 Giving gifts to groups of students if other staff know about it

 Stopping and correcting students if they cross your own personal boundaries.

 Asking for advice from fellow staff or administrators if you find yourself in a difficult situation related

to boundaries.

 Involving your manager if conflict arises with a student.

 Informing your school director about situations that have the potential to become more severe.

 Recognizing the responsibility to stop unacceptable behavior of students or coworkers.

 Giving students praise and recognition without touching them.

 Side hugs, child-initiated hugs, or hugs where staff has asked, “Would you like a hug?”

 Pats on the back, high fives and handshakes.with Students

Student Supervision

Students should be supervised by a KIPP Delta staff member at all times, and parents should know where

their children are at all times. Planning with the end in mind, if an accident should happen to a student or

students, this question will be asked: Where was the KIPP Delta staff member? The staff member should use

his/her best judgment in terms of supervision so that there is a responsible answer to this question.

Classroom Conduct

KIPP Delta policy is that no staff member or volunteer will be alone with any student, regardless of age, or

gender, behind a closed door or in any other isolated situation except in extremely limited extenuating

circumstances involving an emergency.

When a situation arises that calls for a staff member to be alone with a student, it is the staff member’s

responsibility to leave the door open, move to an open location, or to seat him/herself and the student where

they are completely visible to passersby. Staff should not tape up, block, or cover up windows in such a way

as to prevent outsiders from being able to see into a classroom. Teachers and students must be visible

through the doorway, or door window, of any classroom. If covering is required for testing or other

extraordinary circumstances, it should be removed as soon as possible. When a counselor or other

administrator needs a private space for a confidential meeting, they are expected to log their meeting or

notify another staff member.

It is also KIPP Delta Policy that classroom doors remain unlocked until the close of the day, except when

rooms are unoccupied, or except in emergency situations as directed by the school deader or his/her

designee.

Policy for Staff Use of Social Networking with Students

Do not communicate with current preK-12 students using personal Social Media accounts. KIPP Delta staff

should be using the phone and group emails/classroom websites to communicate with students. In the case

of an emergency, make sure to notify your School Operations Director/Manager to inform them of such use.

“Communication” includes adding students as “friends” on Social Media networks such as Facebook or

Instagram and “following” a student on Twitter.

Counselors/KIPP Through College (KTC) staff may use social media to connect with KIPP Delta students for

professional purposes only. In doing so, they must either:

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Create and maintain two distinct profiles: one personal and one professional and invite students (current or

alumni), their parents and/or families to “friend” the professional profile only.

Make sure their current manager is aware of the use of a personal account.

Date Adopted: July 2019

Licensed and Classified Personnel Computer Use Policy

KIPP Delta Public Schools provides computers and/or computer Internet access for many employees to assist

employees in performing work related tasks. Employees are advised that they enjoy no expectation of privacy

in any aspect of their computer use, including email, and that under Arkansas law both email and computer

use records maintained by KIPP Delta are subject to disclosure under the Freedom of Information Act.

Passwords or security procedures are to be used as assigned, and confidentiality of student records is to be

maintained at all times. Employees must not disable or bypass security procedures, compromise, attempt to

compromise, or defeat the KIPP Delta’s technology network security, alter data without authorization,

disclose passwords to other staff members or students, or grant students access to any computer not

designated for student use. It is the policy of KIPP Delta to equip each computer with Internet filtering

software designed to prevent users from accessing material that is harmful to minors. The designated District

Technology Administrator or designee may authorize the disabling of the filter to enable access by an adult

for a bona fide research or other lawful purpose.

Employees who misuse KIPP Delta-owned computers in any way, including excessive personal use, using

computers for personal use during instructional time, using computers to violate any other policy, knowingly

or negligently allowing unauthorized access, or using the computers to access or create sexually explicit or

pornographic text or graphics, will face disciplinary action, up to and including termination or non-renewal of

the employment contract.

Legal References: Children’s Internet Protection Act; PL 106-554

20 USC 6777

47 USC 254(h)

A.C.A. § 6-21-107

A.C.A. § 6-21-111

Date Adopted: August 2012

Date Modified: July 2016

Licensed and Classified Personnel Network Security

Several measures have been taken to secure the network and safeguard privacy of data:

 A firewall has been implemented which limits the amount and type of traffic that enters the network from

the internet: only

 The traffic deemed necessary and acceptable, or initiated by the user may pass through the network.

Traffic initiated by the user is further limited by multiple content filters incompliance with CIPA.

 Network devices, including firewalls, routers, switches, and wireless access points, are secured at the

device level with password protection. Furthermore, management of said equipment may only occur

from within the school network.

 Wireless devices have implemented encryption measures to prevent the transmission of data in clear

text.

 All servers, desktops, and laptops have been secured by requiring login at each computer. Network

accounts are managed centrally, and passwords require changing on a periodic basis.

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 Specific data locations have been identified, and access granted to a limited set of school staff on a need-

to-know basis.

 Data is backed up on a daily basis onto removable media for offsite storage.

Date Adopted: August 2012

Licensed and Classified Personnel Supervision and Monitoring

It shall be the responsibility of all members of the KIPP Delta Public Schools staff to supervise and monitor

usage of the online computer network and access to the Internet in accordance with this policy and the

Children’s Internet Protection Act. Procedures for the disabling or otherwise modifying any technology

protection measures shall be the responsibility of the school administration or designated representatives.

Furthermore, DIS provides full T1 connectivity and also provides content filtering solutions that mitigate

Internet chat and other content.

Date Adopted: August 2012

Licensed and Classified Personnel Inappropriate Network Usage

To the extent practical, steps shall be taken to promote the safety and security of users of the KIPP Delta

Public Schools online computer network when using electronic mail, social networking websites, chat rooms,

instant messaging, and other forms of direct electronic communications.

Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage

includes:

 unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and

 unauthorized disclosure, use, and dissemination of personal identification information regarding minors.

Date Adopted: August 2012

Licensed and Classified Personnel School Calendar

The Executive Director shall present to the board of directors a school calendar that the regional leadership

team has accepted as a proposal. The Executive Director, in developing the calendar, shall accept and consider

recommendations from any staff member or group wishing to make calendar proposals.

KIPP Delta shall not establish a school calendar that interferes with any ACTAAP scheduled testing that might

jeopardize or limit the valid testing and comparison of student learning gains.

KIPP Delta shall operate by the calendar included in the Appendix (on www.kippdelta.org).

Legal References: A.C.A. § 6-17-201

Arkansas Comprehensive Testing, Assessment, and Accountability Plan Rules

Date Adopted: August 2012

Drug Free Workplace- Licensed and Classified Personnel

The conduct of KIPP Delta staff plays a vital role in the social and behavioral development of our students. It

is equally important that the staff have a safe, healthful, and professional environment in which to work. To

help promote both interests, KIPP Delta shall have a drug free workplace. It is, therefore, KIPP Delta's policy

that employees are prohibited from the unlawful manufacture, distribution, dispensation, possession, or use

of controlled substances, illegal drugs, inhalants, alcohol, as well as inappropriate or illegal use of prescription

KIPP DELTA PUBLIC SCHOOLS |

drugs. Such actions are prohibited both while at work or in the performance of official duties while off school

property; violations of this policy will subject the employee to discipline, up to and including termination.

To help promote a drug free workplace, KIPP Delta shall establish a drug-free awareness program to inform

employees about the dangers of drug abuse in the workplace and the consequences of engaging in these

activities. Annually, KDPS will provide employees with a copy of its Drug Free Workplace policy along with

information about any available drug counseling, rehabilitation, or employee assistance abuse programs. The

awareness program will also include information about reporting requirements and penalties that may be

imposed upon KDPS employees for drug abuse violations.

Illegal Drugs and Controlled Substances: Should any employee be found to have been under the influence

of, or in illegal possession of, any illegal drug or controlled substance, whether or not engaged in any school

or school-related activity, and the behavior of the employee, if under the influence, is such that it is

inappropriate for a school employee in the opinion of the Executive Director or Human Resources Director,

the employee may be subject to discipline, up to and including termination. This policy also applies to those

employees who are under the influence of alcohol while on campus or at school- sponsored functions,

including athletic events.

Possession, use or distribution of drug paraphernalia by any employee, whether or not engaged in school or

school-related activities, may subject the employee to discipline, up to and including termination. Possession

in one's vehicle or in an area subject to the employee's control will be considered to be possession as though

the substance were on the employee's person.

Employees suspected of being under the influence of any illegal drug or controlled substance may be asked to

complete a drug test. In these situations, KDPS will cover the cost of the testing. It shall not be necessary,

however for an employee to test at a level demonstrating intoxication by any substance in order to be subject

to the terms of this policy. Any physical manifestation of being under the influence of a substance may subject

an employee to the terms of this policy. Those physical manifestations include, but are not limited to:

unsteadiness; slurred speech; dilated or constricted pupils; incoherent and/ or irrational speech; or the

presence of an odor associated with a prohibited substance on one's breath or clothing.

Should an employee desire to provide KDPS with the results of a blood, breath, or urine analysis, such results

will be taken into account by the Executive Director only if the sample is provided within a time range that

could provide meaningful results and only by a testing agency chosen or approved by KDPS. In these

instances, the expense for such voluntary testing shall be borne by the employee.

Reporting Requirements; Any employee who is charged with a violation of any state or federal law relating

to the possession, use or distribution of illegal drugs, other controlled substances or alcohol, or of drug

paraphernalia, must notify his immediate supervisor within five (5) week days (i.e., Monday through Friday,

inclusive, excluding holidays) being so charged. The supervisor who is notified of such a charge shall notify

the Executive Director immediately.

If the supervisor is not available to the employee, the employee shall notify the Executive Director or Human

Resources Director within a five (5) day period.

Any employee so charged is subject to discipline, up to and including termination. However, the failure of an

employee to notify his supervisor or the Executive Director of having been so charged shall result in that

employee being recommended for termination by the Executive Director.

Reporting to Federal Granting Agencies: Any employee convicted of any criminal drug statute violation for

an offense that occurred while at work or in the performance of official duties while off school property shall

report the conviction within 5 calendar days to the Executive Director and Human Resources Director Within

10 days of receiving such notification, whether from the employee or any other source, KDPS shall notify

federal granting agencies from which it receives funds of the conviction. Compliance with these requirements

and prohibitions is mandatory.

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Within 30 calendar days of receiving notice that an employee has been convicted of any state or federal law

relating to the possession, use or distribution of illegal drugs, other controlled substances, or of drug

paraphernalia, KDPS shall either (a) terminate the employee or (b) require the employee to satisfactorily

participate in a drug assistance or rehabilitation program approved for such purposes by a Federal, State, or

local health, law enforcement, or other appropriate agency. KDPS will not be financially responsible for the

cost any treatment program selected by the employee. The employee will be subject to random drug

screenings upon completion of the program.

Prescribed Medications: Any employee who must take prescription medication at the direction of the

employee's physician, and who is impaired by the prescription medication such that he cannot properly

perform his duties shall not report for duty. Any employee who reports for duty and is so impaired, as

determined by his supervisor, will be sent home. The employee shall be given sick leave, if owed any. KIPP

Delta or employee will provide transportation for the employee, and the employee may not leave campus

while operating any vehicle. It is the responsibility of the employee to contact his physician in order to adjust

the medication, if possible, so that the employee may return to his job unimpaired. Should the employee

attempt to return to work while impaired by prescription medications, for which the employee has a

prescription, he will, again, be sent home and given sick leave, if owed any, Should the employee attempt to

return to work while impaired by prescription medication a third time the employee may be subject to

discipline, up to and including a recommendation of termination.

Any employee who possesses, uses, distributes or is under the influence of a prescription medication

obtained by a means other than his own current prescription shall be treated as though he was in possession,

possession with intent to deliver, or under the influence, etc. of an illegal substance.

An illegal drug or other substance is one which is (a) not legally obtainable; or (b) one which is legally

obtainable, but which has been obtained illegally. KIPP Delta may require an employee to provide proof from

his physician and/or pharmacist that the employee is lawfully able to receive such medication. Failure to

provide such proof, to the satisfaction of the Executive Director, may result in discipline, up to and including a

recommendation of termination.

Reporting Requirements: KDPS must report to the appropriate licensing agency within seven (7) days of:

1) A final disciplinary action taken against an employee resulting from the diversion, misuse, or abuse of

illicit drugs or controlled substances; or

2) The voluntary resignation of an employee who is facing a pending disciplinary action resulting from the

diversion, misuse, or abuse of illicit drugs or controlled substances.

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

 The name, address, and telephone number of the person who is the subject of the report; and

 A description of the facts giving rise to the issuance of the report.

When the employee is not a healthcare professional, law enforcement will be contacted regarding any final

disciplinary action taken against an employee for the diversion of controlled substances to one (1) or more

third parties.

Legal References: 41 USC § 8101, 8103, 8104

A.C.A. 17-80-117

A.C.A. 11-9-102

Modified: November 19, 2019

Licensed and Classified Personnel Parental Leave

KIPP Delta Public Schools shall provide a period of paid leave for eligible staff members upon the birth,

adoption, or placement of a child in foster care. All paid leave, based on tenure, will run concurrent with

FMLA, for a total of up to 12 weeks of leave for each eligible staff member.

Eligibility for paid parental leave shall be the same as for FMLA leave:

KIPP DELTA PUBLIC SCHOOLS |

 Employee must have been with KIPP Delta Public schools for 12 months or one full school year.

Months need not be consecutive.

 During the last 12 months, employee must have worked for at least 1,250 hours.

Leave before the birth of a child

Should a staff member need to take leave due to complications of pregnancy or inability to perform job duties,

they may take FMLA unpaid leave or use previously accrued paid-time-off. Use of FMLA will require a medical

designation. Staff shall not be required to use paid parental leave until after the birth/adoption/placement of

a child.

Leave during scheduled school breaks

School staff who become eligible for paid parental leave due to the birth, adoption, or placement in foster care

of a child during a scheduled school break (Thanksgiving, Winter Break, Spring Break, or Summer), shall NOT

be required to use paid parental leave time off during that break. The leave period shall commence upon the

resumption of scheduled work days according to the board-approved school staff calendar.

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Primary Caregiver Leave

All leave runs concurrent with FMLA.

Four weeks are offered at pay following the guidelines below

Weeks 1 and 2

(10 working days, must be

taken consecutively)

Baseline is to offer two weeks at full pay for all

primary caregivers.

Weeks 3 and 4

(Must be taken

consecutively and directly

following weeks one and

two – 10 additional

working days)

Tenure of 1 – 2 years

50% of regular pay

Tenure of 2 – 3 years

60% of regular pay

Tenure of 3 - 4 years

70% of regular pay

Tenure of 4 – 5 years

80% of regular pay

Tenure of 5+ years

Full pay

Additional time

beyond week 4

Any additional paid time must be taken from accrued PTO

(sick/personal days), though this is not required. Staff may

take unpaid leave and retain PTO for other needs.

Up to 12 weeks of total leave per 12 months is allowed

under FMLA.

Secondary Caregiver Leave

Secondary caregivers are awarded 5 days at full pay and 5 days at half-day pay for parental leave. Additional

leave may be taken at the manager’s discretion and will be unpaid unless accrued PTO is used. Under FMLA,

up to 12 weeks are allowed.

Lactation Accommodations

KIPP Delta Public Schools shall provide reasonable accommodations for all nursing mothers. Reasonable

accommodations shall include breaks of adequate and appropriate duration and frequency, as well as a

private location to express milk that is not a bathroom stall or janitorial closet.

Details regarding timing and location of the breaks are the responsibility of the nursing employee’s direct

supervisor. Accommodations should be provided immediately upon the return of the employee to work after

childbirth or entrance to KIPP Delta as a new employee, and shall remain in effect until there is no longer a

need.

Date Adopted: October 2013

Date Modified: February 2017

KIPP DELTA PUBLIC SCHOOLS |

Assignment of Extra Duties to Licensed and Classified Personnel

From time to time extra duties may be assigned to personnel by the School Director or the Executive Director

as circumstances dictate.

Legal Reference: A.C.A. § 6-17-201

Date Adopted: August 2012

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Licensed and Classified Personnel Benefits

KIPP Delta Public Schools provides our employees the following benefits:

1. Health and Supplemental Insurance – offered to all employees who work 30 or more hours per week

(full- time) only

2. Contribution to the teacher retirement system – eligibility is determined by the Arkansas Teacher

Retirement System at time of hire

3. One sick leave day per calendar month worked – granted to salary and year-round paid, full time,

employees only

4. Three (3) Personal days per year for staff with less than five years of tenure and four (4) personal

days per year for staff with five or more years of tenure - granted to salary and year- round paid, full

time, employees only

Legal Reference: A.C.A. § 6-17-1201, 1301

Date Adopted: April 2017

Licensed and Classified Personnel Termination, Non-Renewal, or Suspension

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest possible

level, their concerns related to termination, non-renewal, or suspension. All employees should note that KIPP

Delta is not bound by the parameters of the Arkansas Teacher Fair Dismissal Act.

Definitions

Termination: Cessation of all or a portion of a contract with relevant pay stopped.

Non-renewal: Completion of an existing contract with no contract awarded thereafter with or without

suspension.

Suspension: Removal of an employee from job duties for a period of time with or without pay

Employee: Any person employed under a written offer letter by KIPP Delta Public Schools.

Immediate Supervisor: The person immediately superior to an employee who directs and supervises the

work of that employee.

C-Level: The Chief Academic Officer, Chief Operating Officer, Chief of Staff, Executive Director, Head of Schools

Immediate Family: An employee’s spouse, legal domestic partner, child, stepchild, adopted child, father,

mother, brother, sister, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-

law, brother-in-law, sister-in-law, guardian, and/or other members of the family living in the same household

of the employee.

Process for all non-School Directors and non-C-Level staff:

Level One: An employee who believes that he/she has been wrongfully terminated shall inform their

Immediate Supervisor and discuss the matter with the supervisor within five working days of the

termination. The supervisor shall offer the employee an opportunity to have a witness or representative who

is not a member of the employee’s immediate family present at their conference. If the termination appeal is

not advanced to Level Two within five working days following the conference, the matter will be considered

resolved and the employee shall have no further right with respect to said termination.

If the Immediate Supervisor cannot resolve the termination, the employee can advance the appeal to Level

Two. To do this, the employee must complete the top half of the Level Two Termination Appeal Form (see

Appendix) within five working days of the discussion with the immediate supervisor, citing the manner in

KIPP DELTA PUBLIC SCHOOLS |

which the specific personnel policy was violated that has given rise to the termination appeal, and submit the

Form to his/her immediate supervisor. The supervisor will have ten working days to respond to the

termination appeal using the bottom half of the Level Two Termination Appeal Form that he/she will submit

to the Executive Director.

Level Two: Upon receipt of a Level Two Grievance Form, the Executive Director will have ten working days to

schedule a conference with the employee filing the termination appeal. The Executive Director shall offer the

employee an opportunity to have a witness or representative who is not a member of the employee’s

immediate family present at their conference. After the conference, the Executive Director will have ten

working days in which to deliver a written response to the termination appeal to the employee.

Process for School Directors and C-Level staff:

Level One: A School Director or C-Level staff member who believes that he/she has been wrongfully

terminated shall inform the Executive Director and discuss the matter with him/her within five working days

of the termination. The Executive Director shall offer the employee an opportunity to have a witness or

representative who is not a member of the employee’s immediate family present at their conference. If the

termination appeal is not advanced to Level Two within five working days following the conference, the

matter will be considered resolved and the employee shall have no further right with respect to said

termination.

If the Executive Director cannot resolve the termination, the employee can advance the appeal to Level Two.

To do this, the employee must complete the top half of the Level Two Termination Appeal Form (see

Appendix) within five working days of the discussion with the Executive Director, citing the manner in which

the specific personnel policy was violated that has given rise to the termination appeal, and submit the Form

to the Executive Director. The Executive Director will have ten working days to respond to the termination

appeal using the bottom half of the Level Two Termination Appeal Form that he/she will submit to the KIPP

Delta Board of Directors’ Governance and Nominating Committee.

Level Two: Upon receipt of a Level Two Grievance Form, the KIPP Delta Board of Directors’ Governance and

Nominating Committee will have ten working days to schedule a conference with the employee filing the

termination appeal. The Committee shall offer the employee an opportunity to have a witness or

representative who is not a member of the employee’s immediate family present at their conference. After the

conference, the Committee will have ten working days in which to deliver a written response to the

termination appeal to the employee.

Legal Reference: A.C.A. § 6-17-2301

Date Adopted: July 2014

Date Revised and Approved: May 19, 2020

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Code of Conduct for Employees Involved in Procurement in the Child Nutrition Program

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

 An individual's spouse;

 Children of the individual or children of the individual's spouse;

 The spouse of a child of the individual or the spouse of a child of the individual's spouse;

 Parents of the individual or parents of the individual's spouse;

 Brothers and sisters of the individual or brothers and sisters of the individual's spouse;

 Anyone living or residing in the same residence or household with the individual or in the same

residence or household with the individual's spouse; or

 Anyone acting or serving as an agent of the individual or as an agent of the individual's spouse.

No KIPP Delta employee, administrator, official, or agent shall participate in the selection, award, or

administration of a contract supported by the District Child Nutrition Program funds if a conflict of interest

exists, whether the conflict is real or apparent. Conflicts of interest arise when one or more of the following

has a financial or other interest in the entity selected for the contract:

1. The employee, administrator, official, or agent;

2. Any family member of the employee, administrator, official, or agent;

3. The employee, administrator, official, or agent’s partner; or

4. An organization that currently employs or is about to employ one of the above.

Employees, administrators, officials, or agents shall not solicit or accept gratuities, favors, or anything of

monetary value from contractors, potential contractors, or parties to sub-agreements including, but not

limited to:

a) Entertainment;

b) Hotel rooms;

c) Transportation;

d) Gifts;

e) Meals; or

f) Items of nominal value (e.g. calendar or coffee mug).

Violations of the Code of Conduct shall result in discipline, up to and including termination. The employer

reserves the right to pursue legal action for violations.

All child nutrition personnel and any KIPP Delta employees involved in purchasing for the Child Nutrition

Program shall receive training on the Code of Conduct. Training should include guidance about how to

respond when a gratuity, favor, or item with monetary value is offered.

Notes: This policy is similar to Policy 3.52. If you change this policy, review 3.52 at the same time to ensure

applicable consistency between the two.

Legal References: A.C.A. § 6-24-101 et seq.

Arkansas Department of Education Rules Governing the Ethical Guidelines and

Prohibitions for Educational Administrators, Employees, Board Members and Other

Parties

Commissioner’s Memo FIN 09-036

Commissioner’s Memo FIN-10-048

Commissioner’s Memo FIN 15-074

7 C.F.R. § 3016.36

7 C.F.R. § 3019.42

Date Adopted: September 2015

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Policies

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Salary Schedule

KIPP Delta’s salary schedule is included in the Appendix. State law requires each Region to include its teacher

salary schedule in its written personnel policies unless the Region recognizes a teachers’ union in its policies

for, among other things, the negotiation of salaries. For the purposes of the salary schedule, a teacher will

have worked a “year” if he/she works at least

120 days. The Region is required to post the salary schedule on its website by September 15 of each year and

should place an obvious hyperlink, button, or menu item on the website's homepage that links directly to the

current year licensed policies and salary schedule.

The salary schedule does not have to contain steps, nor does it have to list employees specifically.

For the purposes of this policy, a master’s degree or higher is considered “relevant to the employee’s

position” if it is related to education, guidance counseling, or the teacher’s content area and has been awarded

for successful completion of a program at the master’s level or higher by an institution of higher education

accredited under Arkansas statutory requirements applicable at the time the degree was awarded.

Teachers who have earned additional, relevant degrees or sufficient college hours to warrant a salary change

are responsible for reporting and supplying a transcript to the Human Resources Director. The appropriate

salary increase will be reflected in the next paycheck provided it is at least two weeks from the time the

notice and documentation is delivered. All salary changes will be on a “go forward” basis, and no back pay will

be awarded.

Alternative Licensure Program, no prior teaching license

Each employee newly hired by the region to teach under the Non-Traditional Licensure Program (NTLP) shall

initially be placed on the salary schedule in the category of a bachelor’s degree with no experience, unless the

NTLP employee has previous teaching experience which requires a different placement on the schedule. Upon

receiving his/her teaching license, the employee shall be moved to the position on the salary schedule that

corresponds to the level of education degree earned by the employee. Employee’s degrees which are not

relevant to the NTLP’s position shall not apply when determining his/her placement on the salary schedule.

An alternative licensed teacher shall be eligible for step increases with each successive year of employment,

just as would a teacher possessing a traditional teaching license.

Licensed employee, seeking additional area or areas of licensure

Licensed employees who are working on an (Additional Licensure Plan) ALP to gain licensure in an additional

area are entitled to placement on the salary schedule commensurate with their current license, level of

education degree and years of experience. Degrees of a content area not relevant to the employee’s position

shall apply when determining his/her placement on the salary schedule.

Legal References: A.C.A. § 6-17-201, 202, 2403 A.C.A. § 6-20-2305(f) (4), A.C.A. § 6-17-2301

Date Adopted: April 2017

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Evaluations

Definitions

"Inquiry category" is a category in which the building level or district level leader consistently demonstrates

progressing, proficient, and/or exemplary performance on standards and functions in the Leader Excellence

and Development System (LEADS) rubric.

“Intensive Category” is a category in which a building level or district level leader receives a rating of not

meeting standards on the summative evaluation rubric as defined by the LEADS Rules.

"Novice Category" is a building level or district level leader who has not completed three consecutive years of

experience in one district as a building level or district level administrator.

"Probationary teacher" has the same definition as A.C.A. § 6-17-1502.

"Teacher" has the same definition as A.C.A. § 6-17-2803(19).

Teachers

The Executive Director or designee(s) shall develop procedures to govern the evaluation process and

timelines for the evaluations.

KIPP Delta Public Schools uses the KIPP Framework for Excellent Teaching for formal evaluations. Each

school-year, the organization will conduct a summative evaluation over all domains and components on all

probationary teachers as well as any teacher currently on an "intensive support" improvement plan or who

has successfully completed intensive support or participated in an improvement plan during the current or

previous school-year. All teachers not covered in the previous sentence will have a summative evaluation

over all domains and components at least once every four (4) years. To establish the initial four-year rotation

schedule for non-probationary teachers to be summatively evaluated, at least one-quarter of each school's

non-probationary teachers will be selected for evaluation by a non-biased method.

All teachers shall develop a Professional Growth Plan (PGP) annually that must be approved by the teacher's

evaluator. If there is disagreement between a teacher and the teacher’s evaluator concerning the PGP, the

decision of the evaluator shall be final.

In an interim appraisal year, the teacher's annual performance rating will be derived from the average score

of the components that align with the teacher's PGP.

In a summative evaluation year, the teacher's annual overall rating will be derived from both the teacher's

performance rating and the applicable student growth measure as defined in the Arkansas Department of

Education (ADE) TESS Rules.

While teachers are only required to be summatively evaluated once every four years, the teacher's evaluator

may conduct a summative evaluation in any year.

In addition to a teacher's summative evaluation, an evaluator or designee shall conduct interim teacher

appraisals during the year to provide a teacher with immediate feedback about the teacher’s teaching

practices; engage the teacher in a collaborative, supportive learning process; and help the teacher use

formative assessments to inform the teacher of student progress and adapt teaching practices based on the

formative assessments.

Evaluators may also conduct informal classroom observations during the year for the same purpose as a

formal classroom observation but that are of shorter duration and are unannounced.

Building Level or District Level Evaluations

Building level or district level leaders will be evaluated under the schedule and provisions required by

LEADS.

KIPP DELTA PUBLIC SCHOOLS |

The Executive Director or designee(s) shall develop procedures to govern the evaluation process and

timelines for the evaluations.

Novice category and probationary building level or district level leaders, those building level or district level

leaders who have been placed in the Intensive category, and those building level or district level leaders who

have not had a summative evaluation the previous three (3) years will have a summative evaluation. A

building level or district level leader shall complete a PGP based on the standards and functions determined

during the initial summative evaluation meeting with the Executive Director or designee. If there is

disagreement between a building level or district level leader and the leader’s evaluator concerning the PGP,

the decision of the evaluator shall be final. In subsequent years, he/she shall revise his/her PGP and

associated documents required under LEADS.

The building level or district level leader shall annually revise his/her PGP and associated documents

required under LEADS. In a non-summative evaluation year, his/her job performance will be measured on

how well the PGP's goals have been met.

When the Executive Director or designee conducts a summative evaluation, he/she will base the building

level or district level leader's continuing employment recommendation on:

 The level of performance based on the performance functions and standards of the evaluation rubric;

 The evidence of teacher performance and growth applicable to the building- or district-level leader;

and

 The building- or district-level leader’s progression on his or her professional growth plan.

To establish the initial four-year rotation schedule for inquiry category building level or district level leaders

to be summatively evaluated, at least one-quarter of each school's inquiry category building level or district

level leaders will be selected for evaluation by a non-biased method.

While building level or district level leaders are required to be summatively evaluated once every four-years,

the Executive Director or designee may conduct a summative evaluation in any year.

Legal References: A.C.A. § 6-17-1501 et seq.

A.C.A. § 6-17-2801 et seq.

ADE Rules Governing the Teacher Excellence and Support System

ADE Rules Governing the Leader Excellence and

Development System (LEADS)

Date Adopted: September 2015

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Reduction in Force

The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in

enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when

the need for a reduction in the work force exceeds the normal rate of attrition for that portion of the staff that

is in excess of the needs of KIPP Delta as determined by the Executive Director.

In effecting a reduction in force, the primary goals of the organization shall be: what is in the best interests of

the students; to maintain accreditation in compliance with the Standards of Accreditation for Arkansas Public

Schools and/or the North Central Association; and the needs of KIPP Delta. A reduction in force will be

implemented when the Executive Director determines it is advisable to do so and shall be effected through

non-renewal, termination, or both. Any reduction in force will be conducted by evaluating the needs and

long- and short-term goals of the organization.

If a reduction in force becomes necessary in an instructional area and/or specific grade level(s) the teacher’s

evaluations at KIPP Delta shall be the initial determining factor. The teacher with the highest evaluation

scores as a teacher with KIPP Delta as compared to other teachers in the same instruction area and/or

specific grade level(s) shall prevail.

If a reduction in force becomes necessary for teaching personnel, the RIF shall be conducted separately for

each occupational category of personnel identified within the organization on the basis of each employee’s

evaluations. The employee within each occupational category with the highest evaluation scores shall be laid

off last. In the event that employees within a given occupational category have the same evaluation scores, the

one with the earlier hire date will prevail.

Pursuant to any reduction in force brought about by consolidation or annexation and as a part of it, the

salaries of all employees will be brought into compliance by a partial RIF if necessary, with the receiving

district’s salary schedule. Further adjustments will be made if the job assignment changes. A partial RIF may

also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to an

annexation or consolidation.

Legal Reference: A.C.A. § 6-17-2407

Date Adopted: July 2013

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Professional Development

For the purposes of this policy, professional development means a set of coordinated, planned learning

activities for teachers and administrators that:

 Is required by statute or the Arkansas Department of Education; or

 Meets the following criteria:

o Improves the knowledge, skills, and effectiveness of teachers;

o Improves the knowledge and skills of administrators and paraprofessionals concerning effective

instructional strategies and methods;

o Leads to improved student academic achievement; and

o Is researched-based and standards-based.

All employees shall attend all local professional development training sessions as directed by his/her

supervisor.

KIPP Delta shall develop and implement a plan for the professional development of its licensed employees.

KIPP Delta’s plan shall, in part, align KDPS resources to address the professional development activities

identified in each school’s Arkansas Comprehensive School Improvement Plan (ACSIP). The plan shall

describe how the KDPS categorical funds will be used to address deficiencies in student performance and any

identified academic achievement gaps between groups of students. At the end of each school year, the

organization shall evaluate the professional development activities’ effectiveness in improving student

performance and closing achievement gaps.

Each licensed employee shall receive a minimum of thirty-six (36) hours of professional development

annually to be fulfilled between July 1 and June 30. Licensed employees are required to obtain their thirty-six

(36) hours of approved professional development each year over a five-year period as part of licensure

renewal requirements. Professional development hours earned in excess of thirty-six (36) in the designated

year cannot be carried over to the next year.

Licensed employees who are prevented from obtaining the required professional development hours due to

their illness or the illness of an immediate family member as defined in A.C.A. § 6-17-1202 have until the end

of the following school year to make up the deficient hours. Missed hours of professional development shall

be made up with professional development that is substantially similar to that which was missed. This time

extension does not absolve the employee from also obtaining the following year’s required 36 hours of

professional development. Failure to obtain required professional development or to make up missed

professional development could lead to disciplinary consequences, up to termination or nonrenewal of the

agreement of employment.

The goal of all professional development activities shall be improved student achievement and academic

performance that results in individual, school-wide, and system-wide improvement designed to ensure that

all students demonstrate proficiency on the state’s assessments. The KIPP Delta’s professional development

plan shall demonstrate scientifically research-based best practice, and shall be based on student achievement

data and in alignment with applicable ADE Rules and/or Arkansas code.

Teachers and administrators shall be involved in the design, implementation, and evaluation of the plan for

their own professional development. The results of the evaluation made by the participants in each program

shall be used to continuously improve the professional development offerings and to revise the school

improvement plan.

Flexible professional development hours (flex hours) are those hours which an employee is allowed to

substitute professional development activities, different than those offered by KIPP Delta, but which still meet

criteria of either the employee’s Individual Improvement Plan, Professional Growth Plan, the school’s ACSIP,

or both. KDPS shall determine on an annual basis how many, if any, flex hours of professional development it

will allow to be substituted for scheduled professional development offerings. The determination may be

made at an individual building, a grade, or by subject basis. The administration and the building leader have

the authority to require attendance at specific professional development activities. Employees must receive

advance approval from the building principal for activities they wish to have qualify for flex professional

KIPP DELTA PUBLIC SCHOOLS |

development hours. To the fullest extent possible, professional development activities are to be scheduled

and attended such that teachers do not miss their regular teaching assignments. Six (6) approved flex hours

credited toward fulfilling the thirty-six (36) hour requirement shall equal one contract day. Hours of

professional development earned by an employee that is not at the request KIPP Delta and is in excess of

thirty-six (36) or not pre-approved by the building leader shall not be credited toward fulfilling the required

number of days for that employee. Hours earned that count toward the required thirty-six (36) also count

toward the required number of days for that employee. Employees shall be paid their daily rate of pay for

professional development hours earned at the request of KIPP Delta that necessitate the employee work

more than the number of days required by their offer letter.

Teachers and administrators who, for any reason, miss part or all of any scheduled professional development

activity they were required to attend, must make up the required hours in comparable activities which are to

be pre-approved by the building principal.

To receive credit for his/her professional development activity each employee is responsible for obtaining

and submitting documents of attendance, or completion for each professional development activity he/she

attends. Documentation is to be submitted to the Executive Director or designee. KIPP Delta shall maintain all

documents submitted by its employees that reflect completion of professional development programs,

whether KPDS or an outside organization provided such programs.

To the extent required by ADE Rules, employees will receive up to six (6) hours of educational technology

professional development that is to be integrated within other professional development offerings.

The following PD shall count toward a licensed employee's required PD hours to the extent the District's or

school's PD plan includes such training, is approved for flex hours, or is part of the employee's PDP and it

provides him/her with knowledge and skills for teaching:

 Students with intellectual disabilities, including Autism Spectrum Disorder;

 Students with specific learning disorders, including dyslexia;

 Culturally and linguistically diverse students;

 Gifted students.

Beginning in the 2013-14 school-year and every fourth year thereafter, all mandated reporters and licensed

personnel shall receive the training related to child maltreatment required under A.C.A. § 6-61-133(d)(e)(2).

For the purposes of this training, "mandated reporters" includes school social workers, psychologists, and

nurses.

Beginning in school-year 2014-15 and every fourth year thereafter, teachers shall receive two (2) hours of

professional development designed to enhance their understanding of effective parental involvement

strategies.

Beginning in school-year 2014-15 and every fourth year thereafter, administrators shall receive two (2)

hours of professional development designed to enhance their understanding of effective parental

involvement strategies and the importance of administrative leadership in setting expectations and creating a

climate conducive to parental participation.

Beginning in the 2015-16 school-year and every fourth year thereafter, all licensed personnel shall receive

two (2) hours of professional development in teen suicide awareness and prevention which may be obtained

by self-review of suitable suicide prevention materials approved by ADE.

Beginning in the 2016-17 school-year and every fourth year thereafter, teachers who provide instruction in

Arkansas history shall receive at least two (2) hours of professional development in Arkansas history as part

of the teacher's thirty-six (36) hours annual requirement.

Anticipated rescuers shall receive training in cardiopulmonary resuscitation and the use of automated

external defibrillators as required by ADE Rule. Such training shall count toward the required annual hours of

professional development.

KIPP DELTA PUBLIC SCHOOLS |

At least once every three (3) years, persons employed as athletics coaches shall receive training related to

concussions, dehydration, or other health emergencies as well as students’ health and safety issues related to

environmental issues and communicable diseases.

All licensed personnel shall receive training related to compliance with KIPP Delta’s anti-bullying policies.

For each administrator, the thirty-six (36) hour PD requirement shall include training in data disaggregation,

instructional leadership, and fiscal management. This training may include the Initial, Tier 1, and Tier 2

training required for Executive Directors and other designees by ADE’s Rules Governing the Arkansas

Financial Accounting and Reporting System and Annual Training Requirements.

Building level administrators shall complete the credentialing assessment for the teacher evaluation PD

program prior to conducting any summative teacher evaluations.

By the end of the 2014-15 school-year, teachers shall have received professional awareness on the evidence-

based interventions and accommodations for dyslexia.

Teachers required by the Executive Director, building leader, or their designee to take approved training

related to teaching an advance placement class for a subject covered by the College Board and Educational

Testing Service shall receive up to thirty (30) hours of credit toward the professional development required

annually.

Licensed personnel may earn up to twelve (12) hours of professional development for time they are required

to spend in their instructional classroom, office or media center prior to the first day of student/teacher

interaction provided the time is spent in accordance with the state law and current ADE rules that deal with

professional development. The hours may be earned through online professional development approved by

the ADE provided the professional development relates to KIPP Delta’s ASCIP and the teacher’s professional

growth plan.

Licensed personnel are eligible to receive five (5) professional development hours for each one-hour

graduate level college course that meets the criteria identified in law and the applicable ADE rules. The Board

shall determine if the hours earned apply toward the required thirty-six (36). A maximum of fifteen (15) such

hours may be applied toward the thirty-six (36) hours of professional development required annually.

District administrators as well as licensed personnel selected by the Executive Director leader shall receive

training on the appropriate use of restraint and seclusion in accordance with ADE’s Advisory Guidelines for

the Use of Student Restraints in Public School or Educational Settings.

Employees who do not receive or furnish documentation of the required annual professional development

jeopardize the accreditation of their school and academic achievement of their students. Failure of an

employee to receive thirty-six (36) hours of professional development in any given year, unless due to illness

as permitted by law, ADE Rule, and this policy, shall be grounds for disciplinary action up to and including

termination.

Approved PD activities may include:

 Conferences/workshops/institutes;

 Mentoring/peer coaching;

 Study groups/learning teams;

 National Board for Professional Teaching Standards Certification;

 Distance and online learning (including ArkansasIDEAS;

 Internships;

 State/district /school programs;

 Approved college/university course work;

 Action research; and

 Individually guided (to be noted in the employee's PDP).

KIPP DELTA PUBLIC SCHOOLS |

Approved PD activities that occur during the instructional day or outside the licensed employee's annual

contract days may apply toward the annual minimum PD requirement.

PD activities shall relate to the following areas:

 Content (K-12);

 Instructional strategies;

 Assessment/data-driven decision making;

 Advocacy/leadership/fiscal management;

 Systemic change process;

 Standards, frameworks, and curriculum alignment;

 Supervision;

 Mentoring/peer coaching;

 Next generation learning/integrated technology;

 Principles of learning/developmental stages/diverse learners;

 Cognitive research;

 Parent involvement/academic planning and scholarship;

 Building a collaborative learning community;

 Student health and wellness; and

 The Code of Ethics for Arkansas Educators.

Additional activities eligible for PD credit, as included in the District, school, and licensed employee's PDP,

include:

 School Fire Marshall program (A.C.A. § 6-10-110);

 Tornado safety drills (A.C.A. § 6-10-121);

 Literacy assessments and/or mathematics assessments (A.C.A. § 6-15-420);

 Test security and confidentiality (A.C.A. § 6-15-438);

 Emergency plans for terrorist attacks (A.C.A. § 6-15-1302);

 Teacher Excellence and Support System (A.C.A. § 6-17-2806);

 Student discipline training (A.C.A. § 6-18-502);

 Student Services Program (A.C.A. § 6-18-1004);

 Training required by ADE under academic, fiscal and facilities distress statutes and rules; and

 Annual active shooter drills (6-15-1303).

Legal References: Arkansas State Board of Education: Standards of Accreditation 15.04

ADE Rules Governing Professional Development

ADE Rules Governing the Arkansas Financial Accounting and Reporting System

and Annual Training Requirements

ADE Rules Governing Student Special Needs Funding

ADE Advisory Guidelines for the Use of Student Restraints in Public School or

Educational Settings

A.C.A. § 6-10-121

A.C.A. § 6-10-122

A.C.A. § 6-10-123

A.C.A. § 6-15-404(f) (2)

A.C.A. § 6-15-420

A.C.A. § 6-15-426(f) (g)(h)

A.C.A. § 6-15-438

A.C.A. § 6-15-1004(c)

A.C.A. § 6-15-1302

A.C.A. § 6-15-1303

A.C.A. § 6-15-1703

A.C.A. § 6-16-1203

A.C.A. § 6-17-703

A.C.A. § 6-17-704

A.C.A. § 6-17-708

KIPP DELTA PUBLIC SCHOOLS |

A.C.A. § 6-17-709

A.C.A. § 6-17-2806

A.C.A. § 6-17-2808

A.C.A. § 6-18-502(f)

A.C.A. § 6-18-514(f)

A.C.A. § 6-20-2204

A.C.A. § 6-20-2303 (15)

A.C.A. § 6-41-608

A.C.A. § 6-61-133

Date Adopted: August 2012

Date Modified: September 2015

Licensed Personnel Family Medical Leave

The Family and Medical Leave Act (FMLA) leave offers job protection for what might otherwise be considered

excessive absences. Employees need to carefully comply with this policy to ensure they do not lose FMLA

protection due to inaction or failure to provide employer with needed information. The FMLA provides up to

12 work weeks (or in some cases 26 weeks) of job-protected leave to eligible employees with absences that

qualify under the FMLA. While an employee can request FMLA leave and has a duty to inform their employer

as provided in this policy of foreseeable absences that may qualify for FMLA leave, it is KIPP Delta’s ultimate

responsibility to identify qualifying absences as FMLA or non-FMLA. FMLA leave is unpaid, except to the

extent that paid leave applies to any given absence as governed by the FMLA and this policy.

SECTION ONE

Definitions:

Eligible Employee: is an employee who has been employed by KIPP Delta for at least twelve (12) months and

for 1250 hours of service during the twelve (12) month period immediately preceding the commencement of

the leave.

FMLA: is the Family and Medical Leave Act

Health Care Provider: is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery

(as appropriate) by the state in which the doctor practices. It also includes any other person determined by

the U.S. Secretary of Labor to be capable of providing health care services.

Instructional Employee: is an employee whose principal function is to teach and instruct students in a class, a

small group, or an individual setting and includes athletic coaches, driving instructors, preschool teachers,

and special education assistants such as signers for the hearing impaired. The term does not include, and the

special rules related to the taking of leave near the end of a semester do not apply to, teacher assistants or

aides who do not have as their principal job actual teaching or instructing, nor does it include administrators,

counselors, librarians, psychologists, or curriculum specialists.

Intermittent leave: is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced

leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek,

or hours per workday. A reduced leave schedule is a change in the employee’s schedule for a period of time,

normally from full-time to part-time.

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

Parent: is the biological parent of an employee or an individual who stood in loco parentis to an employee

when the employee was a son or a daughter. This term does not include parents “in- law.”

KIPP DELTA PUBLIC SCHOOLS |

Serious Health Condition: is an injury, illness, impairment, or physical or mental condition that involves

inpatient care in a hospital, hospice, or residential medical facility or continuing treatment by a health care

provider.

Son or daughter, for numbers 1, 2, or 3 below: is a biological, adopted, or foster child, a stepchild, a legal ward,

or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable

of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

Year: the twelve (12) month period of eligibility shall begin on July first of each school-year.

Policy

The provisions of this policy are intended to be in line with the provisions of the FMLA. If any conflict(s) exist,

the Family and Medical Leave Act of 1993 as amended shall govern.

Leave Eligibility

KIPP Delta will grant up to twelve (12) weeks of leave in a year in accordance with the FMLA as amended, to

its eligible employees for one or more of the following reasons:

1. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;

2. Because of the placement of a son or daughter with the employee for adoption or foster care;

3. To care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent

has a serious health condition; and

4. Because of a serious health condition that makes the employee unable to perform the functions of the

position of such employee.

5. Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the

employee is on covered active duty (or has been notified of an impending call or order to covered active

duty) in the Armed Forces. (See Section Two)

6. To care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or

injury. (See Section Two)

The entitlement to leave for reasons 1 and 2 listed above shall expire at the end of the twelve

(12) month period beginning on the date of such birth or placement.

A husband and wife who are both eligible employees employed by KIPP Delta may not take more than a

combined total of 12 weeks of FMLA leave for reasons 1, 2, 3 and 5.

Provisions Applicable to both Sections One and Two

Notice to Employees

KIPP Delta shall post, in conspicuous places in each school/building where notices to employees and

applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing

information about the procedure for filing complaints with the Department of Labor.

Designation Notice to Employee

When an employee requests FMLA leave or KIPP Delta determines that an employee’s absence may be

covered under the FMLA, KIPP Delta shall provide written notice within five (5) business days (absent

extenuating circumstances) to the employee of KIPP Delta’s determination of his/her eligibility for FMLA

leave. If the employee is eligible, KIPP Delta ma y request additional information from the employee and/or

certification from a health care provider to help make the applicability determination. After receiving

sufficient information as requested, KIPP Delta shall provide a written notice within five (5) business days

KIPP DELTA PUBLIC SCHOOLS |

(absent extenuating circumstances) to the employee of whether the leave qualifies as FMLA leave and will be

so designated.

If the circumstances for the leave don’t change, KIPP Delta is only required to notify the employee once of the

determination regarding the designation of FMLA leave within any applicable twelve (12) month period.

Concurrent Leave under the FMLA

All FMLA leave is unpaid unless substituted by applicable accrued leave. KIPP Delta requires employees to

substitute any applicable accrued leave (in the order of sick, personal, or vacation leave as may be applicable)

for any period of FMLA leave.6

Health Insurance Coverage

KIPP Delta shall maintain coverage under any group health plan for the duration of FMLA leave the employee

takes at the level and under the conditions coverage would have been provided if the employee had

continued in active employment with KIPP Delta. Additionally, if KIPP Delta makes a change to its health

insurance benefits or plans that apply to other employees, the employee on FMLA leave must be afforded the

opportunity to access additional benefits and/or the same responsibility for changes to premiums. Any

changes made to a group health plan which apply to other KDPS employees, must also apply to the employee

on FMLA leave. KIPP Delta will notify the employee on FMLA leave of any opportunities to change plans or

benefits. KIPP Delta will assume responsibility for any portion of premium payments customarily paid by the

employee if an employee is on unpaid FMLA leave.

KIPP Delta has the right to pay an employee’s unpaid insurance premiums during the employee’s unpaid

FMLA leave to maintain the employee’s coverage during his/her leave. KIPP Delta may recover the

employee's share of any premium payments missed by the employee for any FMLA leave period during which

KIPP Delta maintains health coverage for the employee by paying the his/her share. Such recovery shall be

made by offsetting the employee’s debt through payroll deductions or by other means against any monies

owed the employee by KIPP Delta.

An employee who chooses to not continue group health plan coverage while on FMLA leave, is entitled to be

reinstated on the same terms as prior to taking the leave, including family or dependent coverages, without

any qualifying period, physical examination, exclusion of pre - existing conditions, etc.

If an employee gives unequivocal notice of intent not to return to work, or if the employment relationship

would have terminated if the employee had not taken FMLA leave, KIPP Delta’s obligation to maintain health

benefits ceases.

If the employee fails to return from leave after the period of leave to which the employee was entitled has

expired, KIPP Delta may recover the premiums it paid to maintain health care coverage unless:

a) The employee fails to return to work due to the continuation, reoccurrence, or onset of a serious

health condition that entitles the employee to leave under reasons 3 or 4 listed above; and/or

b) Other circumstances exist beyond the employee’s control.

Circumstances under “a” listed above shall be certified by a licensed, practicing health care provider verifying

the employee’s inability to return to work.

Reporting Requirements during Leave

Unless circumstances exist beyond the employee’s control, the employee shall inform KIPP Delta every two

weeks10 during FMLA leave of their current status and intent to return to work.

Return to Previous Position

An employee returning from FMLA leave is entitled to be returned to the same position the employee held

when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and

conditions of employment. An equivalent position must involve the same or substantially similar duties and

KIPP DELTA PUBLIC SCHOOLS |

responsibilities, which must entail substantially equivalent skill, effort, and authority. Specifically, upon

returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as

the teacher’s former job assignment. The employee may not be restored to a position requiring additional

licensure or certification.

The employee’s right to return to work and/or to the same or an equivalent position does not supersede any

actions taken by KIPP Delta, such as conducting a RIF, which the employee would have been subject to had

the employee not been on FMLA leave at the time of KIPP Delta’s actions.

Provisions Applicable to Section One Employee Notice to KIPP Delta Foreseeable Leave:

When the need for leave is foreseeable for reasons 1 through 4 listed above, the employee shall provide KIPP

Delta with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to

take leave for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to

provide KIPP Delta with timely advance notice of the need for FMLA leave may delay the FMLA coverage of

such leave until 30 days after the date the employee provides notice.

If there is a lack of knowledge of approximately when the leave will be required to begin, a change in

circumstances, or an emergency, notice must be given as soon as practicable. As soon as practicable means as

soon as both possible and practical, taking into account all of the facts and circumstances in the individual

case.

When the need for leave is for reasons 3 or 4 listed above, the eligible employee shall make a reasonable

effort to schedule the treatment so as not to disrupt unduly the operations of KIPP Delta subject to the

approval of the health care provider of the spouse, son, daughter, or parent of the employee.

If the need for FMLA leave is foreseeable less than 30 days in advance, the employee shall notify KIPP Delta as

soon as practicable. If the employee fails to notify as soon as practicable, KIPP Delta may delay granting FMLA

leave for the number of days in advance that the employee should have provided notice and when the

employee actually gave notice.

Unforeseeable Leave:

When the approximate timing of the need for leave is not foreseeable, an employee shall provide KIPP Delta

notice of the need for leave as soon as practicable given the facts and circumstances of the particular case.

Ordinarily, the employee shall notify KIPP Delta within two (2) working days of learning of the need for leave,

except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by

telephone, telegraph, fax, or other electronic means. If the eligible employee fails to notify KIPP Delta as

required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed

or denied.

Medical Certification

Second and Third Opinions: In any case where KIPP Delta has reason to doubt the validity of the initial

certification provided, KIPP Delta may require, at its expense, the employee to obtain the opinion of a second

health care provider designated or approved by the employer. If the second opinion differs from the first,

KIPP Delta may require, at its expense, the employee to obtain a third opinion from a health care provider

agreed upon by both KIPP Delta and the employee. The opinion of the third health care provider shall be

considered final and be binding upon both KIPP Delta and the employee.

Recertification: KIPP Delta may request, either orally or in writing, the employee obtain a recertification in

connection with the employee’s absence, at the employee’s expense, no more often than every thirty (30)

days unless one or more of the following circumstances apply;

a. The original certification is for a period greater than 30 days. In this situation, KIPP Delta

may require a recertification after the time of the original certification expires, but in any

case, KIPP Delta may require a recertification every six (6) months.

b. The employee requests an extension of leave;

c. Circumstances described by the previous certification have changed significantly; and/or

KIPP DELTA PUBLIC SCHOOLS |

d. KIPP Delta receives information that casts doubt upon the continuing validity of the

certification. The employee must provide the recertification in fifteen (15) calendar days

after KIPP Delta’s request. No second or third opinion on recertification may be required.

KIPP Delta may deny FMLA leave if an eligible employee fails to provide requested certification.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave for reasons 1 (as applicable), 2,

3, or 4 above, KIPP Delta requires employees to substitute accrued sick, vacation, or personal leave for the

period of FMLA leave.

To the extent the employee has accrued paid vacation or personal leave, any leave taken that qualifies for

FMLA leave for reasons 1 or 2 above shall be paid leave and charged against the employee’s accrued leave.

Workers Compensation: FMLA leave may run concurrently with a workers’ compensation absence when the

injury is one that meets the criteria for a serious health condition. To the extent that workers compensation

benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the

employee at the rate necessary to bring the total amount of combined income up to 100% of usual contracted

daily rate of pay. If the health care provider treating the employee for the workers compensation injury

certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or

equivalent job, the employee may decline KIPP Delta’s offer of a “light duty job.” As a result, the employee

may lose his/her workers’ compensation payments, but for the duration of the employee’s FMLA leave, the

employee will be paid for the leave to the extent that the employee has accrued applicable leave.

Return to Work

If KIPP Delta’s written designation determination that the eligible employee’s leave qualified as FMLA leave

under reason 4 above stated that the employee would have to provide a “fitness- for-duty” certification from a

health care provider for the employee to resume work, the employee must provide such certification prior to

returning to work. The employee’s failure to do so voids KIPP Delta’s obligation to reinstate the employee

under the FMLA and the employee shall be terminated.

If KIPP Delta’s written designation determination that the eligible employee’s leave qualified as FMLA leave

under reason 4 above stated that the employee would have to provide a “fitness- for-duty” certification from a

health care provider for the employee to resume work and the designation determination listed the

employee’s essential job functions, the employee must provide certification that the employee is able to

perform those functions prior to returning to work. The employee’s failure to do so or his/her inability to

perform his/her job’s essential functions voids KIPP Delta’s obligation to reinstate the employee under the

FMLA and the employee shall be terminated.

Failure to Return to Work:

In the event that an employee is unable or fails to return to work within FMLA's leave timelines, the Executive

Director will make a determination at that time regarding the documented need for a severance of the

employee’s contract due to the inability of the employee to fulfill the responsibilities and requirements of

their contract.

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave shall provide KIPP

Delta with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to

take leave.

Eligible employees may only take intermittent or reduced schedule leave for reasons 1 and 2 listed above if

KIPP Delta agrees to permit such leave upon request of the employee. If KIPP Delta agrees to permit an

employee to take intermittent or reduced schedule leave for such reasons, the agreement shall be consistent

with this policy’s requirements governing intermittent or reduced schedule leave. The employee may be

transferred temporarily during the period of scheduled intermittent or reduced leave to an alternative

position for which the employee is qualified and which better accommodates recurring periods of leave than

KIPP DELTA PUBLIC SCHOOLS |

does the employee's regular position. The alternative position shall have equivalent pay and benefits but does

not have to have equivalent duties.

Eligible employees may take intermittent or reduced schedule FMLA leave due to reasons 3 or 4 listed above

when the medical need is best accommodated by such a schedule. The eligible employee shall make a

reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer,

subject to the approval of the health care provider.

When granting leave on an intermittent or reduced schedule for reasons 3 or 4 above that is foreseeable

based on planned medical treatment, KIPP Delta may temporarily transfer non- instructional, eligible

employees for the period of scheduled intermittent or reduced leave to an alternative position for which the

employee is qualified and which better accommodates recurring periods of leave than does the employee's

regular position. The alternative position shall have equivalent pay and benefits but does not have to have

equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the

same or equivalent job as he/she had when the leave began. The employee will not be required to take more

FMLA leave than necessary to address the circumstances requiring the need for the leave.

If an eligible employee who meets the definition of an instructional employee requests intermittent or

reduced schedule leave for reasons 3 or 4 above that is foreseeable based on planned medical treatment and

the employee would be on leave for greater than 20 percent of the total number of working days in the period

during which the leave would extend, KIPP Delta may require the employee to elect either

a) to take medical leave for periods of a particular duration, not to exceed the duration of the planned

medical treatment; or

b) to transfer temporarily to an available alternative position offered by the employer for which the

employee is qualified and that has equivalent pay and benefits and better accommodates recurring

periods of leave than the regular employment position of the employee.

If the employee chooses to transfer to an alternative position it shall have equivalent pay and benefits but

does not have to have equivalent duties. When the employee is able to return to full-time work, the employee

shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be

required to take more FMLA leave than necessary to address the circumstances requiring the need for the

leave.

An eligible instructional employee who needs intermittent leave or leave on a reduced leave schedule for

reasons 3 or 4 above may not be transferred to an alternative position during the period of the employee's

intermittent or reduced leave schedule if, based on the foreseeable planned medical treatment, the employee

would be on leave for 20 percent or less of the total number of working days over the period the leave would

extend.

Leave taken by eligible instructional employees near the end of the semester

In any of the following scenarios, if KIPP Delta chooses to require the eligible, instructional employee to stay

on leave until the end of the semester, only the portion of the leave until the employee is ready and able to

return to work shall be charged against the employee’s FMLA leave entitlement. The required non-FMLA

leave will not be considered excessive absenteeism.

Leave more than 5 weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to reasons 1 through 4 listed above, more than 5

weeks prior to the end of the academic term, KIPP Delta may require the employee to continue taking leave

until the end of the semester, if

a) the leave is of at least 3 weeks duration; and

b) the return to employment would occur during the 3-week period before the end of the semester.

Leave less than 5 weeks prior to end of the semester

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If the eligible, instructional employee begins leave, due to reasons 1, 2, or 3 listed above, during the period

that commences 5 weeks prior to the end of the academic term, KIPP Delta may require the employee to

continue taking leave until the end of the semester, if

a) the leave is of greater than 2 weeks duration; and

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

Leave less than 3 weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to 1, 2, or 3 listed above, during the period that

commences 3 weeks prior to the end of the semester and the duration of the leave is greater than 5 working

days, KIPP Delta may require the employee to continue to take leave until the end of the semester.

SECTION TWO

FMLA LEAVE CONNECTED TO MILITARY SERVICE Leave Eligibility

The FMLA provision of military associated leave is in two categories. Each one has some of its own definitions

and stipulations. Therefore, they are dealt with separately in this Section of the policy. Definitions different

than those in Section One are included under the respective reason for leave. Definitions that are the same as

in Section One are NOT repeated in this Section.

QUALIFYING EXIGENCY

An eligible employee may take FMLA leave for any qualifying exigency arising out of the fact that the spouse,

son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call

or order to covered active duty) in the Armed Forces. Examples include issues involved with short-notice

deployment, military events and related activities, childcare and school activities, the need for financial and

legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as

defined by federal regulations.

Definitions:

Covered active duty means

 in the case of a member of a regular component of the Armed Forces, duty during deployment of the

member with the armed forces to a foreign country; and

 in the case of a member of a reserve component of the Armed Forces, duty during deployment of the

member with the armed forces to a foreign country under a call to order to active duty under a

provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

Son or daughter on active duty or call to active duty status means the employee's biological, adopted, or foster

child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or

call to active duty status, and who is of any age.

Certification

KIPP Delta may require the eligible employee to obtain certification to help KIPP Delta determine if the

requested leave qualifies for FMLA leave for the purposes of a qualifying exigency. KIPP Delta may deny

FMLA leave if an eligible employee fails to provide requested certification.

Employee Notice to KIPP Delta Foreseeable Leave:

When the necessity for leave for any qualifying exigency is foreseeable, whether because the spouse, son,

daughter, or parent of the employee is on covered active duty, or because of notification of an impending call

or order to covered active duty, the employee shall provide such notice to KIPP Delta as is reasonable and

practicable regardless of how far in advance the leave is foreseeable. As soon as practicable means as soon as

both possible and practical, taking into account all of the facts and circumstances in the individual case.

Unforeseeable Leave:

When the approximate timing of the need for leave is not foreseeable, an employee shall provide KIPP Delta

notice of the need for leave as soon as practicable given the facts and circumstances of the particular case.

Ordinarily, the employee shall notify KIPP Delta within two (2) working days of learning of the need for leave,

except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by

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telephone, telegraph, fax, or other electronic means. If the eligible employee fails to notify KIPP Delta as

required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or

denied.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave any qualifying exigency, KIPP Delta requires

employees to substitute accrued vacation, or personal leave for the period of FMLA leave.

Intermittent or Reduced Schedule Leave

Eligible employees may take intermittent or reduced schedule leave for any qualifying exigency. The

employee shall provide KIPP Delta with as much notice as is practicable.

Leave taken by eligible instructional employees more than 5 weeks prior to end of the semester

If an eligible, instructional employee begins leave due to any qualifying exigency more than 5 weeks prior to

the end of the semester, KIPP Delta may require the employee to continue taking leave until the end of the

semester, if

a) the leave is of at least 3 weeks’ duration; and

b) the return to employment would occur during the 3-week period before the end of the semester.

If KIPP Delta chooses to require the eligible, instructional employee to stay on leave until the

end of the semester, only the portion of the leave until the employee is ready and able to return

to work shall be charged against the employee’s FMLA leave entitlement.

SERIOUS ILLNESS

An eligible employee is eligible for leave to care for a spouse, child, parent or next of kin who is a covered

service member with a serious illness or injury under the following conditions and definitions.

Definitions:

Covered Service Member is

1. a member of the Armed Forces, including a member of the National Guard or Reserves, who is an

undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is

otherwise on the temporary disability retired list, for a serious injury or illness; or

2. a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or

illness and who was a member of the Armed Forces (including a member of the National Guard or

Reserves) at any time during the period of five (5) years preceding the date on which the veteran

undergoes that medical treatment, recuperation, or therapy.

Outpatient Status: used in respect to a covered service member, means the status of a member of the Armed

Forces assigned to

a) a military medical treatment facility as an outpatient; or

b) a unit established for the purpose of providing command and control of members of the Armed

Forces receiving medical care as outpatients.

Parent of a covered service member: is a covered service member’s biological, adoptive, step or foster father

or mother, or any other individual who stood in loco parentis to the covered service member. This term does

not include parents “in law.”

Serious Injury or Illness:

a) in the case of a member of the Armed Forces, including the National Guard or Reserves, it means an

injury or illness incurred by the member in the line of duty on active duty in the Armed Forces (or

existed before the beginning of the member’s active duty and was aggravated by service in line of

KIPP DELTA PUBLIC SCHOOLS |

duty on active duty in the Armed Forces) and that may render the member medically unfit to

perform the duties of the member’s office, grade, rank, or rating and

b) in the case of a veteran who was a member of the Armed Forces, including a member of the National

Guard of Reserves, at any time during a period as a covered service member defined in this policy, it

means a qualifying (as defined by the U.S. Secretary of Labor) injury or illness that was incurred by

the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of

the member’s active duty and was aggravated by service in the line of duty on active duty in the

Armed Forces) and that manifested itself before or after the member became a veteran.

Son or daughter of a covered service member means a covered service member’s biological, adopted, or

foster child, stepchild, legal ward, or a child for whom the covered service member stood in loco parentis, and

who is of any age.

Year: for leave to care for the serious injury or illness of a covered service member, the twelve (12) month

period begins on the first day the eligible employee takes FMLA leave to care for a covered service member

and ends 12 months after that date.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member

shall be entitled to a total of 26 weeks of leave during one 12-month period to care for the service member

who has a serious injury or illness as defined in this policy. An eligible employee who cares for such a covered

service member continues to be limited for reasons 1 through 4 in Section One and for any qualifying

exigency to a total of 12 weeks of leave during a year as defined in this policy. For example, an eligible

employee who cares for such a covered service member for 16 weeks during a 12-month period could only

take a total of 10 weeks for reasons 1 through 4 in Section One and for any qualifying exigency. An eligible

employee may not take more than 12 weeks of FMLA leave for reasons 1 through 4 in Section One and for any

qualifying exigency regardless of how little leave the eligible employee may take to care for a spouse, child,

parent or next of kin who is a covered service member with a serious illness or injury.

If husband and wife are both eligible employees employed by KIPP Delta, the husband and wife are entitled to

a combined total of 26 weeks of leave during one 12-month period to care for their spouse, son, daughter,

parent, or next of kin who is a covered service member with a serious injury or illness as defined in this

policy. A husband and wife who care for such a covered service member continues to be limited to a

combined total of 12 weeks FMLA leave for reasons 1 through 3 in Section One and for any qualifying

exigency during a year as defined in this policy. For example, a husband and wife who are both eligible

employees and who care for such a covered service member for 16 weeks during a 12-month period could

only take a combined total of 10 weeks for reasons 1 through 3 in Section One and for any qualifying

exigency.

Medical Certification

KIPP Delta may require the eligible employee to obtain certification of the covered service member’s serious

health condition to help KIPP Delta determine if the requested leave qualifies for FMLA leave. KIPP Delta may

deny FMLA leave if an eligible employee fails to provide requested certification.

Employee Notice to KIPP Delta

Foreseeable Leave:

When the need for leave to care for a spouse, child, parent or next of kin who is a covered service member

with a serious illness or injury is clearly foreseeable at least 30 days in advance, the employee shall provide

KIPP Delta with not less than 30 days' notice before the date the leave is to begin of the employee's intention

to take leave for the specified reason. An eligible employee who has no reasonable excuse for his/her failure

to provide KIPP Delta with timely advance notice of the need for FMLA leave may delay the FMLA coverage of

such leave until 30 days after the date the employee provides notice.

If the need for FMLA leave is foreseeable less than 30 days in advance, the employee shall notify KIPP Delta as

soon as practicable. If the employee fails to notify as soon as practicable, KIPP Delta may delay granting FMLA

KIPP DELTA PUBLIC SCHOOLS |

leave for the length of time that the employee should have provided notice and when the employee actually

gave notice.

When the need for leave is to care for a spouse, child, parent or next of kin who is a covered service member

with a serious illness or injury, the employee shall make a reasonable effort to schedule the treatment so as

not to disrupt unduly the operations of KIPP Delta subject to the approval of the health care provider of the

spouse, son, daughter, or parent of the employee.

Unforeseeable Leave:

When the approximate timing of the need for leave is not foreseeable, an employee shall provide KIPP Delta

notice of the need for leave as soon as practicable given the facts and circumstances of the particular case.

Ordinarily, the employee shall notify KIPP Delta within two (2) working days of learning of the need for leave,

except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by

telephone, telegraph, fax, or other electronic means. If the eligible employee fails to notify KIPP Delta as

required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or

denied.

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave to care for a spouse, child, parent or next of kin

who is a covered service member with a serious illness or injury, KIPP Delta requires employees to substitute

accrued sick, vacation, or personal leave for the period of

FMLA leave.

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave to care for a spouse,

child, parent or next of kin who is a covered service member with a serious illness or injury shall provide

KIPP Delta with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention

to take leave.

Eligible employees may take intermittent or reduced schedule FMLA leave to care for a spouse, child, parent

or next of kin who is a covered service member with a serious illness or injury when the medical need is best

accommodated by such a schedule. The eligible employee shall make a reasonable effort to schedule the

treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health

care provider.

When granting leave on an intermittent or reduced schedule to care for a spouse, child, parent or next of kin

who is a covered service member with a serious illness or injury that is foreseeable based on planned medical

treatment, KIPP Delta may temporarily transfer non-instructional eligible employees for the period of

scheduled intermittent or reduced leave to an alternative position for which the employee is qualified and

which better accommodates recurring periods of leave than does the employee's regular position. The

alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When

the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as

he/she had when the leave began. Specifically, upon returning from FMLA leave, an employee may be

assigned to another position that is not necessarily the same as the employee's former job assignment. The

employee will not be required to take more FMLA leave than necessary to address the circumstances

requiring the need for the leave.

If an eligible employee who meets the definition of an instructional employee requests intermittent or

reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service member with

a serious illness or injury that is foreseeable based on planned medical treatment and the employee would be

on leave for greater than 20 percent of the total number of working days in the period during which the leave

would extend, KIPP Delta may require the employee to choose either

a) to take medical leave for periods of a particular duration, not to exceed the duration of the planned

medical treatment; or

KIPP DELTA PUBLIC SCHOOLS |

b) to transfer temporarily to an available alternative position offered by the employer for which the

employee is qualified and that has equivalent pay and benefits and better accommodates recurring

periods of leave than the regular employment position of the employee.

If the employee chooses to transfer to an alternative position it shall have equivalent pay and benefits but

does not have to have equivalent duties. When the employee is able to return to full-time work, the employee

shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning

from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the

teacher’s former job assignment. The employee will not be required to take more FMLA leave than necessary

to address the circumstances the required the need for the leave.

An eligible instructional employee, who needs intermittent leave or leave on a reduced leave schedule leave

to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or

injury, may not be transferred to an alternative position during the period of the employee's intermittent or

reduced leave schedule if, based on the foreseeable planned medical treatment, the employee would be on

leave for 20 percent or less of the total number of working days over the period the leave would extend.

Leave taken by eligible instructional employees near the end of the academic the semester

In any of the following scenarios, if KIPP Delta chooses to require the eligible, instructional employee to stay

on leave until the end of the semester, only the portion of the leave until the employee is ready and able to

return to work shall be charged against the employee’s FMLA leave entitlement. The excess non-FMLA leave

will not be considered excessive absenteeism.

Leave more than 5 weeks prior to end of the semester

If the eligible, instructional employee begins leave, for any qualifying exigency or to care for a spouse, child,

parent or next of kin who is a covered service member with a serious illness or injury more than 5 weeks

prior to the end of the semester, KIPP Delta may require the employee to continue taking leave until the end

of the semester, if

a) the leave is of at least 3 weeks’ duration; and

b) the return to employment would occur during the 3-week period before the end of the semester.

Leave less than 5 weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent or next of kin who is a

covered service member with a serious illness or injury during the period that commences 5 weeks prior to

the end of the semester, KIPP Delta may require the employee to continue taking leave until the end of the

semester, if

a) the leave is of greater than 2 weeks’ duration; and

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

Leave less than 3 weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent or next of kin who is a

covered service member with a serious illness or injury during the period that commences 3 weeks prior to

the end of the semester and the duration of the leave is greater than 5 working days, KIPP Delta may require

the employee to continue to take leave until the end of the semester.

Legal References: 29 USC §§ 2601 et seq.

29 CFR part 825

Date Adopted: April 2017

Licensed Personnel Video Surveillance and Other Monitoring

The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of

its students, staff, and visitors while at the same time safeguarding KIPP Delta facilities, vehicles, and

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equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance

cameras, automatic identification, data compilation devices, and technology capable of tracking the physical

location of KIPP Delta equipment, students, and/or personnel.

The placement of video/audio surveillance cameras shall be based on the presumption and belief that

students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property,

facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an

expectation of bodily privacy is reasonable and customary.

Signs shall be posted on KIPP Delta property and in or on KIPP Delta vehicles to notify students, staff, and

visitors that video cameras may be in use. Violations of school personnel policies or laws caught by the

cameras and other technologies authorized in this policy may result in disciplinary action.

KIPP Delta shall retain copies of video recordings until they are erased

that may be accomplished by either

deletion or copying over with a new recording.

Videos, automatic identification, or data compilations containing evidence of a violation of KIPP Delta

personnel policies and/or state or federal law shall be retained until the issue of the misconduct is no longer

subject to review or appeal as determined by board policy or staff handbook; any release or viewing of such

records shall be in accordance with current law.

Staff who vandalize, damage, defeat, disable, or render inoperable (temporarily or permanently) surveillance

cameras and equipment, automatic identification, or data compilation devices shall be subject to appropriate

disciplinary action and referral to appropriate law enforcement authorities.

Video recordings and automatic identification or data compilation records may become a part of a staff

member’s personnel record.

Date Adopted: August 2012

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Licensed Personnel Planning Time

KIPP Delta recommends that a master schedule providing a minimum of two-hundred (200) minutes each

week shall be created by the building level school director indicating when each teacher’s planning period

and scheduled lunch period will be. Planning time is for the purpose of scheduling conferences, instructional

planning, and preparation. Each teacher will have the ability to schedule these activities during his/her

designated planning time. Teachers may not leave campus during their planning time without prior

permission from their building level supervisor.

KIPP Delta recommends the planning time be in increments of not less than forty (40) minutes and shall

occur during the student instructional day unless a teacher requests, in writing, to have his/her planning time

occur outside of the student instructional day. For the purposes of this policy, the student instructional day

means the time that students are required to be present at school.

Note: KIPP Delta has a waiver from A.C.A. § 6-17-114. While we believe these recommendations are useful,

KIPP Delta reserves the right to exercise flexibility with planning periods to better meet the needs of students

in the building.

Legal Reference: A.C.A. § 6-17-114

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Leave- Injury from Assault

Any teacher who, while in the course of their employment, is personally injured by either an assault or a

criminal act committed against the teacher, shall be granted a leave of absence for up to one (1) year from the

date of the injury, with full pay. Teachers who suffer personal injury while intervening in student fights,

restraining a student or protecting a student from harm shall be considered to be injured as a result of an

assault or a criminal act.

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

In order to obtain leave under this policy, the teacher must present documentation of the injury from a

physician, with an estimate for time of recovery sufficient to enable the teacher to return to work, and written

statements from witnesses (or other documentation as appropriate to a given incident) to prove that the

incident occurred in the course of the teacher’s employment.

Legal Reference: A.C.A. § 6-17-1209

Date Adopted: August 2012

Insult or Abuse of Licensed Personnel

Employees are protected from abusive language and conduct by state law. An employee may report to the

police any language which is calculated to:

1. Cause a breach of the peace;

2. Materially and substantially interfere with the operation of the school or department; and/or

3. Arouse the person to whom the language is addressed to anger, to the extent likely to cause imminent

retaliation.

Legal Reference: A.C.A. § 6-17-106

Date Adopted: April 2017

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Reimbursement for Purchase of Supplies

Prekindergarten through sixth grade teachers shall be allotted the amount required by law to be used by the

teacher in his/her classroom or for class activities. The amount shall be credited to an account from which the

teacher shall be reimbursed for his/her covered purchases to the extent funds are available in the account.

For the purposes of this policy, pre-kindergarten through sixth grade teachers shall be allotted the greater of:

1. Twenty dollars ($20) per student enrolled in the teacher’s class for more than fifty percent (50%) of

the school day at the end of the first three (3) months of the school year; or

2. Five hundred dollars ($500).

Teachers may purchase supplies and supplementary materials from KIPP Delta at KIPP Delta’s cost to take

advantage of the school’s bulk buying power. To do so, teachers shall complete and have approved by their

School Director a purchase order for supplies which will then be purchased on the teacher’s behalf by the

school and subtracted from the teacher’s total supply and material allocation. Teachers may also purchase

materials and supplies using their own funds and apply for reimbursement by submitting itemized

receipts. Receipts totaling less than $25.00

will be held until total receipts are equal to or greater than $25.00.

Supplies and materials purchased with school funds, or for which the teacher is reimbursed with school

funds, are school property, and should remain on school property except to the extent they are used up or

consumed or the purchased supplies and/or materials are intended/designed for use away from the school

campus.

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

Legal Reference: A.C.A. § 6-21-303(b)(1)

Date Adopted: August 2012

Parent-Teacher Communication

KIPP Delta recognizes the importance of communication between teachers and parents/legal guardians. To

help promote positive communication, parent/teacher conferences shall be held once each semester. Parent-

teacher conferences are encouraged and may be requested by parents or guardians when they feel they need

to discuss their child’s progress with his/her teacher.

Teachers are required to communicate during the school year with the parent(s) or legal guardian(s) of each

of their students to discuss their academic progress. More frequent communication is required with the

parent(s) or legal guardian(s) of students who are performing below grade level.

All parent/teacher conferences shall be scheduled at a time and place to best accommodate those

participating in the conference. Each teacher shall document the participation or non-participation of

parent(s)/legal guardian(s) for each scheduled conference.

If a student is to be retained at any grade level or denied course credit, notice of, and the reasons for retention

shall be communicated promptly in a personal conference.

Legal References: State Board of Education Standards of Accreditation 12.04.1,

12.04.2, and 12.04.3

A.C.A. § 6-15-1701

Date Adopted: August 2012

Assignment of Teacher Aides

KIPP DELTA PUBLIC SCHOOLS |

The School Director or his/her designee shall make the assignment of teacher aides. Changes in the

assignments may be made as necessary due to changes in the student population, teacher changes, and to

best meet the educational needs of the students.

Legal Reference: A.C.A. § 6-17-201

Date Adopted: August 2012

Licensed Personnel Responsibilities Governing Bullying

Teachers and other school employees who have witnessed, or are reliably informed that, a student has been a

victim of bullying as defined in this policy, including a single action which if allowed to continue would

constitute bullying, shall report the incident(s) to the School Director. The School Director or his/her

designee shall be responsible for investigating the incident(s) to determine if disciplinary action is warranted.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or

reprisal in any form.

KIPP Delta staff members are required to help enforce implementation of KIPP Delta’s anti-bullying policy.

KIPP Delta’s definition of bullying is included below. Students who bully another person are to be held

accountable for their actions whether they occur on school equipment or property; off school property at a

school-sponsored or school-approved function, activity, or event; or going to or from school or a school

activity. Students are encouraged to report behavior they consider to be bullying, including a single action

which if allowed to continue would constitute bullying, to their teacher or the building School Director. The

report may be made anonymously.

Notice of what constitutes bullying and that bullying is prohibited and will not be tolerated shall be posted in

every classroom, cafeteria, restroom, gymnasium, auditorium and school bus.

A school principal or his or her designee who receives a credible report or complaint of bullying shall

promptly investigate the complaint or report and make a record of the investigation and any action taken as a

result of the investigation.

Definitions:

Attribute means an actual or perceived personal characteristic including without limitation race, color,

religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity,

physical appearance, health condition, or sexual orientation;

Bullying means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or

incitement of violence by a student against another student or public school employee by a written, verbal,

electronic, or physical act that causes or creates a clear and present danger of:

 Physical harm to a public school employee or student or damage to the public school employee's or

student's property;

 Substantial interference with a student's education or with a public school employee's role in education;

 A hostile educational environment for one (1) or more students or public school employees due to the

severity, persistence, or pervasiveness of the act; or

 Substantial disruption of the orderly operation of the school or educational environment;

Electronic act means without limitation a communication or image transmitted by means of an electronic

device, including without limitation a telephone, wireless phone or other wireless communications device,

computer, or pager that results in the substantial disruption of the orderly operation of the school or

educational environment.

KIPP DELTA PUBLIC SCHOOLS |

Electronic acts of bullying are prohibited whether or not the electronic act originated on school property or

with school equipment, if the electronic act is directed specifically at students or school personnel and

maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that

purpose;

Harassment means a pattern of unwelcome verbal or physical conduct relating to another person's

constitutionally or statutorily protected status that causes, or reasonably should be expected to cause,

substantial interference with the other's performance in the school environment; and

Substantial disruption means without limitation that any one or more of the following occur as a result of the

bullying:

 Necessary cessation of instruction or educational activities;

 Inability of students or educational staff to focus on learning or function as an educational unit because of

a hostile environment;

 Severe or repetitive disciplinary measures are needed in the classroom or during educational activities;

 Exhibition of other behaviors by students or educational staff that substantially interfere with the

learning environment.

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

following:

1. Sarcastic "compliments" about another student’s personal appearance,

2. Pointed questions intended to embarrass or humiliate,

3. Mocking, taunting or belittling,

4. Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,

5. Demeaning humor relating to a student’s race, gender, religion, ethnicity, nationality, personal or physical

characteristics,

6. Blackmail, extortion, demands for protection money or other involuntary donations or loans,

7. Blocking access to school property or facilities,

8. Deliberate physical contact or injury to person or property,

9. Stealing or hiding books or belongings, and/or

10. Threats of harm to student(s), possessions, or others.

Notes: A school employee who has reported violations under KIPP Delta’s policy shall be immune from any

tort liability that may arise from the failure to remedy the reported incident.

Legal Reference: A.C.A. § 6-18-514

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Records and Reports

The Executive Director or his/her designee shall determine, by individual or by position, those records a

teacher is responsible to keep and those reports he/she is required to maintain. It is a requirement of

employment that all required records and reports be completed, submitted, or otherwise tendered, and be

accepted by the School Director or Executive Director as complete and satisfactory, before the last month’s

pay will be released to the licensed employee.

Legal Reference: A.C.A. § 6-17-104

Date Adopted: August 2012

Licensed Personnel Duty to Report Child Abuse, Maltreatment or Neglect

It is the statutory duty of licensed school employees who have reasonable cause to suspect child abuse or

maltreatment to directly and personally report these suspicions to the Arkansas Child Abuse Hotline, by

calling 1-800-482-5964. Failure to report suspected child abuse, maltreatment or neglect by calling the

Hotline can lead to criminal prosecution and individual civil liability of the person who has this duty.

Notification of local or state law enforcement does not satisfy the duty to report; only notification by means of

the Child Abuse Hotline discharges this duty.

The duty to report suspected child abuse or maltreatment is a direct and personal duty, and cannot be

assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements

a student may have made which form the basis of the reasonable cause to believe that the student may have

been abused or subjected to maltreatment by another person; however, a person with a duty to report may

find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or

neglect has occurred, or to rule out such a belief. Employees and volunteers who call the Child Abuse Hotline

in good faith are immune from civil liability and criminal prosecution.

By law, no school district or school district employee may prohibit or restrict an employee or volunteer from

directly reporting suspected child abuse or maltreatment, or require that any person notify or seek

permission from any person before making a report to the Child Abuse Hotline.

KIPP Delta will provide Professional Development Training to all personnel regarding this policy.

Legal References: A.C.A. § 12-18-201 et seq.

A.C.A. § 12-18-201 et seq.

A.C.A. § 12-18-402

Date Adopted: August 2012

KIPP DELTA PUBLIC SCHOOLS |

Licensed Personnel Highly Qualified Policy

It is the policy of KIPP Delta Public Schools that all of its full-time teachers, regardless of whether they teach a

core academic class, shall be upon hiring or shall become highly qualified. “Highly qualified” is defined as

meeting Arkansas Qualified Teacher Requirement.

Any teacher provided an offer letter prior to July 1 of the fiscal year shall have attained highly qualified status

within thirty (30) days of the start of the regular school year. Any teacher provided an offer letter subsequent

to July 1 of the fiscal year shall have attained highly qualified status within ninety (90) days of the onset of

their employment.

An employee who has not attained highly qualified status within the appropriate timeline shall be placed on a

written plan indicating the action steps the teacher must take to attain highly qualified status. The teacher,

building school director, and human resources director shall sign the plan. An inability to attain highly

qualified status within the timeline required under the plan shall result in consequences, including and up to,

termination.

The recently passed Every Student Succeeds Act (ESSA) rescinded the Highly Qualified Teacher (HQT)

provisions in No Child Left Behind.

The Arkansas Department of Education has instituted Arkansas Qualified Teacher (AQT) requirements.

>AQT is NOT a pathway to becoming a licensed teacher.

>AQT IS solely a way for teachers to demonstrate content knowledge in the subject they teach.

AQT ONLY APPPLIES when:

1. 1. A teacher is teaching in a Core Academic Subject Area for which licensure is otherwise required

but where the licensure requirements have been legally waived by one of the following provisions:

1. Act 1240 of 2015 Approval to Waive Licensure

2. Charter School Approval to Waive Licensure

3. School of Innovation Approved Waiver of Licensure, or

1. 2. A teacher is teaching Core Academic Subject Areas in Special Education or in an Alternative

Learning Environment (ALE)

An Arkansas Qualified Teacher must have (1) a minimum of a bachelor’s degree and (2) demonstrated

content knowledge in the Core Academic subject area being taught (See AQT Rules), and, when applicable

(3) a Special Education license for a Special Education class, or a teaching license when teaching in an

Alternative Learning Environment (ALE); except where licensure is officially waived.

Core Academic Subject Areas are:

Early Childhood (Elementary) | English Language Arts | Science

Social Studies | Foreign Language | Mathematics | Music | Art

Teachers in the above circumstance(s) must be designated as AQT for that subject content and grade level.

Demonstration of content knowledge may be achieved by any one of the following:

 Passed a content area assessment approved by the State Board of Education for the

subject/content/grade level the educator will teach

 Passed a content exam which was accepted as demonstration of content knowledge for a teaching

license in another state that is acceptable through reciprocity for an Arkansas teaching license

 Has a bachelor’s degree or advanced degree in the content area

 Has a minimum of 18 college credit hours in the content area

 Has National Board Certification in the content area

 Has documented successful, relevant work experience in the content area to be taught, established by

at least one year of employment in a specific field or occupation that required the educator to

demonstrate knowledge and skills in the content area. This is to be supported by two professional

letters of recommendation from the educator’s employers or supervisors.

For Special Education or ALE teachers who do not meet any of the above conditions, demonstration of

content knowledge may be met by either:

KIPP DELTA PUBLIC SCHOOLS |

A. Achieving a passing score on the Praxis® Fundamental Subjects: Content Knowledge Exam (5511), with

a minimum score of 148, or

B. Having the appropriate number of points via the Arkansas High Objective Uniform State Standard of

Evaluation (ARHOUSSE) matrix on one of the AQT Designation Forms below:

 Arkansas Qualified Teacher Designation Form (SINGLE SUBJECT)

 Arkansas Qualified Teacher Designation Form (MULTI-SUBJECT for Middle Childhood grades)

 Arkansas Qualified Teacher Designation Form (MULTI-SUBJECT for Secondary grades)

Date Adopted: April 2018

KIPP DELTA PUBLIC SCHOOLS |

Classified Personnel Policies

KIPP DELTA PUBLIC SCHOOLS |

Classified Personnel Salary Schedule

KIPP Delta’s Classified Personnel Salary Schedule is included in the appendix (posted to www.kippdelta.org).

State law requires each District to include its classified employee’s salary schedule in its written personnel

policies unless the District recognizes a classified employees’ union in its policies for, among other things, the

negotiation of salaries. Each district is required to have a salary schedule for at least the following five

categories of classified personnel: 1) Maintenance and Operations; 2) Transportation; 3) Food Service; 4)

Secretarial and Clerical; and 5) Aids and Paraprofessionals. KIPP Delta is required to post the salary schedule

on its website by September 15 of each year and should place an obvious hyperlink, button, or menu item on

the website's homepage that links directly to the current year classified policies and salary schedule.

For the purposes of this policy, an employee must work two thirds (2/3) of the number of their regularly

assigned annual work days to qualify for a step increase.

The Executive Director has the authority, when recommending an applicant and his/her placement on KIPP

Delta's salary schedule to the Board for its approval, to consider the applicant's previous work experience

with similar duties, responsibilities, and skill sets to those job duties and responsibilities the applicant would

assume for KIPP Delta.

Legal Reference: A.C.A. § 6-17-2203

A.C.A. § 6-17-2301

ADE Rules Governing School District Requirements for Personnel Policies, Salary

Schedules, Minimum Salaries, and Documents Posted to District Websites

Date Adopted: August 2012

Overtime and Complying with FLSA

KIPP Delta Public Schools shall comply with those portions of the Fair Labor Standards Act that relate to the

operation of public schools. The act requires that covered employees be compensated for all hours worked at

greater than or equal to the applicable minimum wage for workweeks of less than or equal to 40 hours. It also

requires that employees be compensated for workweeks of greater than 40 hours at 1 1/2 times their regular

rate of pay.

Definitions

Overtime is hours worked in excess of 40 per workweek. Compensation given for hours not worked such as

for holidays or sick days do not count in determining hours worked per workweek.

Workweek is the seven-day consecutive period of time from 12:00AM on Sunday to midnight on the following

Saturday. Each workweek is independent of every other workweek for the purpose of determining the

number of hours worked and the remuneration entitled to by the employee for that week.

Exempt Employees are those employees who are not covered under the FLSA. They include administrators

and professional employees such as teachers, counselors, registered nurses, and supervisors. Any employee

who is unsure of their coverage status should consult with the Human Resources Department.

Covered Employees (also defined as non-exempt employees) are those employees who are not exempt,

generally termed classified, and include bus drivers, clerical workers, maintenance personnel, custodians,

transportation workers, receptionists, paraprofessionals, food service workers, secretaries, and bookkeepers.

Regular Rate of Pay includes all forms of remuneration for employment and shall be expressed as an hourly

rate. For those employees previously paid on a salary basis, the salary shall be converted to an hourly

equivalent. Employees shall be paid for each and every hour worked.

KIPP DELTA PUBLIC SCHOOLS |

Employment Relationships

 KIPP Delta does not have an employment relationship in the following instances:

o Between KIPP Delta and student teachers;

o Between KIPP Delta and its students (unless explicitly stated with an offer letter);

o Between KIPP Delta and individuals who as a public service volunteer or donate their time

to KIPP Delta without expectation or promise of compensation.

KIPP Delta does not have a joint employment relationship in the following instances.

1. Between KIPP Delta and off-duty policemen or deputies who are hired on a part-time basis for security

purposes or crowd control. KIPP Delta is separate from and acts independently of other governmental

entities.

2. Between KIPP Delta and any agency contracted with to provide transportation services, security services,

or other services.

Hours Worked

Employees shall be compensated for all the time they are required to be on duty and shall be paid for all

hours worked each workweek. Employees shall accurately record the hours they work each week.

KIPP Delta shall determine the manner to be used by employees to accurately record the hours they work.

Each employee shall record the exact time they commence and cease work including meal breaks. Employees

arriving early may socialize with fellow workers who are off the clock, but shall not commence working

without first recording their starting time.

Employees shall sign in/clock in where they start work and sign out/clock out at the site where they cease

working. Employees who do not start and end their workday at the same site shall carry a time card or sheet

with them to accurately record their times. They shall turn in their time sheets or cards to their immediate

supervisor no later than the following Monday morning after reviewing them to be sure that they accurately

reflect their hours worked for that week.

Each employee is to personally record his or her own times. Any employee who signs in or out (or who

punches a time clock) for another employee or who asks another employee to do so for him or her will be

dismissed.

Employees whose normal workweek is less than 40 hours and who work more than their normal number of

hours in a given workweek may, at KIPP Delta’s option, be given compensatory time for the hours they

worked in excess of their normal workweek in lieu of their regular rate pay. Compensatory time given in this

manner shall be subject to the same conditions regarding accumulation and use as compensatory time given

in lieu of overtime pay.

Breaks and Meals

Any classified, non-exempt employee who works more than 30 hours per week is required to be provided and

to take one 30-minute unpaid break per school day. Pay at an hourly rate may also be offered in lieu of the

paid break.

KIPP Delta will provide no fewer than two (2) paid fifteen (15) minute breaks during each regular workday

for each (non-exempt) classified school employee who works more than twenty (20) hours per week under

the Arkansas Department of Education Fair Labor Standard Act Assurance. No breaks or lunches are required

for exempt, licensed employees.

Overtime

KIPP DELTA PUBLIC SCHOOLS |

Covered employees shall be compensated at not less than 1.5 times his or her regular rate of pay for all hours

worked over 40 in a workweek. Overtime compensation shall be computed on the basis of the hours worked

in each week and may not be waived by either the employee or KIPP Delta. Overtime compensation shall be

paid on the next regular payday for the period in which the overtime was earned.

Employees working two or more jobs for KIPP Delta at different rates of pay shall be paid overtime at a

weighted average of the differing wages. This shall be determined by dividing the total regular remuneration

for all hours worked by the number of hours worked in that week to arrive at the weighted average. One half

that rate is then multiplied times the number of hours worked over 40 to arrive at the overtime

compensation due.

Overtime Authorization

There will be instances where KIPP Delta’s needs necessitate an employee work overtime. It is the Board’s

desire to keep overtime worked to a minimum. To facilitate this, employees shall receive authorization from

their supervisor in advance of working overtime except in the rare instance when it is unforeseen and

unavoidable.

All overtime worked will be paid in accordance with the provisions of the FLSA, but unless the overtime was

pre-approved or fit into the exceptions noted previously, disciplinary action must be taken for failure to

follow KIPP Delta policy. In extreme and repeated cases, disciplinary action could include the termination of

the employee.

Leave Requests

All covered employees shall submit a leave request form prior to taking the leave if possible. If, due to

unforeseen or emergency circumstances, advance request was not possible the leave form shall be turned in

the day the employee returns to work. Unless specifically granted by the Board for special circumstances, the

reason necessitating the leave must fall within KIPP Delta policy.

Payment for leave could be delayed or not occur if an employee fails to turn in the required leave form. Leave

may be taken in any increment.

Record Keeping and Postings

KIPP Delta shall keep and maintain records as required by the FLSA for the period of time required by the act.

KIPP Delta shall display minimum wage posters where employees can readily observe them.

Cooperation with Enforcement Officials

All records relating to the FLSA shall be available for inspection by, and KIPP Delta employees shall cooperate

fully with, officials from the DOL and/or its authorized representatives in the performance of their jobs

relating to:

1. Investigating and gathering data regarding the wages, hours, and other conditions and practices of

employment;

2. Entering, inspecting, and/or transcribing the premises and its records;

3. Questioning employees and investigating such facts as the inspectors deem necessary to determine

whether any person has violated any provision of the FLSA.

Legal References: 29 USC § 206(a), ACA § 6-17-2203

29 USC § 207(a)(1), 29 CFR § 778.100

29 USC § 207(o), 29 CFR § 553.50

29 CFR § 778.218(a)

29 CFR § 778.105

29 USC § 213(a), 29 CFR §§ 541 et seq.

29 USC § 207(e), 29 CFR § 778.108

29 CFR §§ 785.9, 785.16

29 CFR § 516.2(7)

29 CFR §§ 785.1 et seq. ACA § 6-17-2205 and 2207

KIPP DELTA PUBLIC SCHOOLS |

29 CFR §§ 785.19

29 USC § 207(a), 29 CFR § 778.100, 29 USC § 207(o), 29 CFR §§ 553.20 – 553.32

29 CFR § 778.106

29 USC § 207(g)(2), 29 CFR § 778.115

29 USC § 207(o)(2)(A), 29 CFR § 553.23

29 CFR § 553.20

29 USC § 207(o)(4), 29 CFR § 553.27

29 USC § 211(c), 29 CFR §§ 516.2, 516.3, 553.50

29 CFR § 516.4

29 CFR §§ 516.5, 516.6

29 USC § 211(a)(b)

Date Adopted: January 2014

Date Modified: April 2017

KIPP DELTA PUBLIC SCHOOLS |

Classified Personnel Family Medical Leave

The Family and Medical Leave Act (FMLA) leave offers job protection for what might otherwise be considered

excessive absences. Employees need to carefully comply with this policy to ensure they do not lose FMLA

protection due to inaction or failure to provide KIPP Delta with needed information. The FMLA provides up to

12 work weeks (or in some cases 26 weeks) of job-protected leave to eligible employees with absences that

qualify under the FMLA. While an employee can request FMLA leave and has a duty to inform KIPP Delta as

provided in this policy of foreseeable absences that may qualify for FMLA leave, it is KIPP Delta’s ultimate