G - Personnel

GA 

Personnel Policy Organization 

These policies are arranged in the following manner: 

• GA policies apply to all employees. 
• GB policies apply to teachers and other licensed staff covered by the negotiated agreement. 
• GC policies apply to classified/non-licensed staff. 

Adoption Date: 02/09/1998, Revised: 06/22/2009

 

GAA 

Goals and Objectives  

The goal of the personnel policies set forth in this policy section is to create the best possible educational climate  for the students of the school district. To this end, these personnel policies are designed to prevent misunderstanding by the district’s personnel of their duties, responsibilities, and privileges.  

All employees shall follow all applicable board policies, rules, regulations, and supervisory directives. 

All personnel handbooks shall be approved by the board and adopted, by reference, as a part of these policies and rules. 

Policy Reference: BDA

Policy Reference: CM

Policy Reference: JA

Adoption Date: 06/06/2006, Revised: 06/22/2009; 03/03/2014; 07/08/2019; 07/11/2022

 

GAAA  

Equal Employment Opportunity and Nondiscrimination  

The board shall hire all employees on the basis of ability and the district’s needs. 

The district is an equal opportunity employer and shall not discriminate in its employment practices and policies  with respect to hiring, compensation, terms, conditions, or privileges of employment because of an individual’s  race, color, national origin, religion, sex, age, disability, or genetic information. Discrimination on any of these  characteristics will not be tolerated. The district will make reasonable accommodations to applicants and  employees who need them for medical or religious reasons, as required by law.  

Inquiries regarding compliance may be directed to (position, address, phone number of the district compliance coordinator) or to:  

Equal Employment Opportunity Commission  
Gateway Tower II  
400 State Ave., Suite 905  
Kansas City, KS 66101  
(913) 551-5655 
U.S. Equal Employment Opportunity Commission 

or 

Kansas Human Rights Commission  
900 SW Jackson, Suite 568-S  
Topeka, KS 66612-1258  
(785) 296-3206 
Kansas Human Rights Commission 

or 

United States Department of Education  
Office for Civil Rights  
One Petticoat Lane  
1010 Walnut Street, Suite 320  
Kansas City, Missouri 64106  
(816) 268-0550
Office for Civil Rights

Adoption Date: 06/06/2006, Revised: 06/22/2009; 03/08/2016; 07/08/2019  

USD 443 - Dodge City Complaint Form

 

GAAB 

Complaints of Discrimination (for staff)

The district is committed to maintaining a working and learning environment free from discrimination, insult,  intimidation, and harassment due to race, color, national origin, religion, sex, age, genetic information, or  disability.  

Discrimination against any individual on the basis of race, color, national origin, sex, disability, age, genetic  information, or religion in the admission to, access to, treatment, or employment in the district’s programs and  activities is prohibited. The Executive Director of Human Resources, 2112 1^st Ave, Dodge City, KS, 67801, (620) 371-1004 has been designated to coordinate compliance with nondiscrimination requirements contained in Title VI and Title VII of the Civil Rights Act of 1964 (with the exception of discrimination on the basis of sex), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Personal Responsibility Work Opportunity Reconciliation Act of 1996, and the Food Stamp Act of 1977, as amended. 

Complaints regarding alleged discrimination on the basis of sex, as prohibited by Title IX of the Education  Amendments of 1972 and other federal and state laws regulating such discrimination and discriminatory  harassment, shall be handled in accordance with the procedures outlined in board policies GAAC and JGEC and  shall be directed to the Title IX Coordinator: The Executive Director of Human Resources, 2112 1^st Ave, Dodge  City, KS, 67801, (620) 371-1004. More information may be obtained on discrimination on the basis of sex by  contacting the Title IX Coordinator. 

Complaints alleging discrimination in child nutrition programs offered by the district shall be handled in  accordance with the procedures outlined in board policy KNA, and more information may be obtained on  procedures for filing such a complaint by contacting the district compliance coordinator. 

Unless otherwise provided in board policy, general complaints, those not alleging acts of discrimination, will be  resolved using the district’s general complaint procedures in policy KN. 

Any employee who engages in discriminatory, harassing, or retaliatory conduct shall be subject to disciplinary  action, up to and including termination. 

Except as otherwise provided in this policy and board policies GAAC, JGEC, and KNA, any incident of  discrimination in any form shall promptly be reported to an employee’s immediate supervisor, the building  principal, or the district compliance coordinator for investigation and corrective action by the building or district  compliance officer. Complaints alleging discriminatory and/or harassing conduct on the part of the  superintendent shall be addressed to the board of education.  

Except as otherwise provided in board policy regarding complaints of discrimination on the basis of sex or  regarding child nutrition programs, complaints about discrimination, including complaints of harassment, will  be resolved through the following complaint procedures: 

Informal Procedures 

The building principal shall attempt to resolve complaints of discrimination or harassment in an informal manner  at the building level. Any school employee who receives a complaint of such discrimination or harassment from  a student, another employee, or any other individual shall inform the individual of the employee’s obligation to  report the complaint and any proposed resolution of the complaint to the building principal. The building principal shall discuss the complaint with the individual to determine if it can be resolved. If the matter is  resolved to the satisfaction of the individual, the building principal shall document the nature of the complaint  and the proposed resolution of the complaint and forward this record to the district compliance coordinator.  Within 20 days after the complaint is resolved in this manner, the principal shall contact the complainant to determine if the resolution of the matter remains acceptable.  

If the matter is not resolved to the satisfaction of the individual in the meeting with the principal, or if the  individual does not believe the resolution remains acceptable, the individual may initiate a formal complaint.  

Formal Complaint Procedures 

• A formal complaint shall be filed in writing and contain the name and address of the person filing the complaint. The complaint shall briefly describe the alleged violation. If an individual does not wish to file a written complaint, and the matter has not been adequately resolved through the informal procedures described herein, the building principal may initiate the complaint. Forms for filing written complaints are available in each school building office and the central office. 
• A complaint should be filed as soon as possible after the conduct occurs but not later than 180 days after the complainant becomes aware of the alleged violation, unless the conduct forming the basis for the complaint is ongoing.  
• If appropriate, an investigation shall follow the filing of the complaint. If the complaint is against the superintendent, the board may appoint an investigating officer. In other instances, the investigation shall be conducted by the building principal, the compliance coordinator, or another individual appointed by the board or the superintendent. The investigation shall be informal but thorough. The complainant and the respondent will be afforded an opportunity to submit written or oral evidence relevant to the complaint and to provide names of potential witnesses who may have useful information.  
• A written determination of the complaint’s validity and a description of the resolution shall be issued by the investigator, and a copy shall be forwarded to the complainant and the respondent within 30 days after the filing of the complaint. If the investigator anticipates a determination will not be issued within 30 days after the filing of the complaint, the investigator shall provide written notification to the parties including an anticipated deadline for completion. In no event shall the issuance of the written determination be delayed longer than 10 days from the conclusion of the investigation. 
  • If the investigation results in a recommendation that a student be suspended or expelled, procedures outlined in board policy and state law governing student suspension and expulsion will be followed. 
  • If the investigation results in a recommendation that an employee be suspended without pay or terminated, procedures outlined in board policy, the negotiated agreement (as applicable), and state law will be followed.  
• Records relating to complaints filed and their resolution shall be forwarded to and maintained in a confidential manner by the district compliance coordinator. 

Formal Complaint Appeal 

• The complainant or respondent may appeal the determination of the complaint. 
• Appeals shall be heard by the district compliance coordinator, a hearing officer appointed by the board or the superintendent, or by the board itself. 
• The request to appeal the resolution shall be made within 20 days after the date of the written determination of the complaint at the lower level.
• The appeal officer shall review the evidence gathered by the investigator at the lower level and the investigator’s report and shall afford the complainant and the respondent an opportunity to submit further evidence, orally or in writing, within 10 days after the appeal is filed. 
• The appeal officer will issue a written determination of the complaint’s validity on appeal and a description of its resolution within 30 days after the appeal is filed. 

If it is determined at any level that discrimination or harassment has occurred, the district will take prompt,  remedial action to prevent its reoccurrence. The district prohibits retaliation or discrimination against any  person for opposing discrimination, including harassment; for participating in the complaint process; or making  a complaint, testifying, assisting, or participating in any investigation, proceeding, or hearing.  

Use of this complaint procedure is not a prerequisite to the pursuit of any other remedies including the right to  file a complaint with the Office for Civil Rights of the U.S. Department of Education, the Equal Employment  Opportunity Commission, or the Kansas Human Rights Commission.  

Policy References: GAAC and GAACA

Policy References: JDDC, JGEC and JGECA

Policy References: KN and KNA

Adoption Date: 06/22/2009, Revised 08/10/2015; 07/08/2019; 08/10/2020; 01/09/2023 

USD 443 - Dodge City Complaint Form

©KASB. This material may be reproduced for use in USD 443. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB.

GAAC 

Sex-Based Discrimination  

The board of education is committed to providing a positive and productive working and learning environment, free from discrimination on the basis of sex, including sexual harassment.  The district does not discriminate on the basis of sex in admissions, employment, or the educational programs or activities it operates. Discrimination on the basis of sex, including sexual harassment, of employees or students of the district in any district education program or activity will not be tolerated in the school district and is strictly prohibited.

Sex-based discrimination, including sexual harassment, is unlawful discrimination under Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and the Kansas Act Against Discrimination.  All forms of sexual harassment are prohibited at school, on school property, and at all school-sponsored activities, programs, or events within the United States.

Executive Director of Human Resources, 2112 1st Avenue, Dodge City KS 67801, 620-371-1004  has been designated to coordinate compliance with nondiscrimination requirements contained in Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 regarding discrimination on the basis of sex, and the Kansas Act Against Discrimination. Information concerning the provisions of these Acts, and the rights provided thereunder, are available from the designated compliance coordinator identified herein.  Inquiries about the application of Title IX to the district may be referred to the Title IX Coordinator; to the Assistant Secretary for Civil Rights at the U.S. Department of Education, Office of Civil Rights, 400 Maryland Avenue, SW, Washington D.C. 20202-1100, (800)421-3481, or at OCR@ed.gov; or both.

Definitions
For the purposes of this policy, the following definitions apply.

“Appeal decision-maker” reviews the appeal along with written statements in support of, or challenging, the outcome of the written determination regarding responsibility, and other relevant documentation collected during the formal grievance process. The appeal decision-maker shall not be the Title IX Coordinator, investigator, decision-maker, or informal resolution facilitator.  

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

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.
“Decision-maker” reviews all the evidence and prepares an impartial written responsibility determination as to whether the alleged conduct occurred and provides an opportunity for the parties and their representatives to prepare written questions to be answered by the other party. The decision-maker shall not be the Title IX Coordinator, investigator, or informal resolution facilitator.

“Domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Kansas.

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

“ Informal resolution facilitator” is a neutral person, designated by the Title IX Coordinator, who has been trained to assist the parties through the voluntary informal resolution process. The informal resolution facilitator shall not be the Title IX Coordinator, investigator, decision-maker, or appeal-decision maker.  “Investigator” is the person who carries out the investigation after the formal complaint is filed and conducts interviews of the witnesses, collects and documents evidence, and drafts an investigative report. The investigator shall not be the Title IX Coordinator, decision-maker, appeal decision-maker, or informal resolution facilitator.

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

“Sex-based discrimination” means any unfair treatment, unequal opportunity, or harassment on the basis of sex in the district’s programs or activities.

“Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

“Sexual harassment” means conduct on the basis of sex involving one or more of the following: (1) A district employee conditioning the provision of an aid, benefit, or service of the district on an individual’s participation in unwelcomed sexual conduct;  (2) unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s educational program or activity; or (3) sexual assault, dating violence, domestic violence, or stalking.

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress.

“Supportive measures” mean non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent regardless of whether a formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the school, and other similar measures. The supportive measures provided to the complainant or respondent by the district must remain confidential to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

“Title IX Coordinator” is the individual designated at the district level who has the responsibility to coordinate compliance with Title IX of the Education Amendments of 1972. The Title IX Coordinator’s responsibilities include, but are not limited to: developing materials and ensuring professional development occurs for staff involved in Title IX compliance, creating systems to centralize records, gathering relevant data, contacting the complainant (and/or parents or guardians, if applicable) once the district has actual knowledge of alleged sexual harassment, coordinating the implementation of supportive measures, signing a formal complaint to initiate a grievance process, and ensuring any remedies are implemented.

Reporting of Sex-Based Discrimination, including Sexual Harassment
The district takes all reports of sex-based discrimination, including sexual harassment, seriously and will respond meaningfully to every such report of which the district has actual knowledge.

The district encourages all victims of sexual harassment and persons with knowledge of such harassment to report the harassment immediately.  Any person may make a verbal or written report of sex discrimination by any means and at any time.

Any act of retaliation or discrimination against any person who has opposed discrimination; filed a complaint; or testified, assisted, or participated in any investigation, proceeding, or appeal involving sex-based discrimination, including sexual harassment, is prohibited.  The district will take appropriate available action to address retaliation, which may include student or employee discipline procedures.  It shall be a violation to discourage a student or an employee from filing a complaint, or to fail to investigate or refer for investigation, any complaint lodged under the provisions of this policy.  Violation of this policy shall result in appropriate disciplinary action.

False or malicious complaints of sex-based discrimination, including sexual harassment, may result in corrective or disciplinary action against the complainant.

False statements made in the course of an investigation of sex-based discrimination, including sexual harassment, may result in corrective or disciplinary action against the individual.

Complaint Process for Sex-Based Discrimination (Not Sexual Harassment)
Complaints of sex-based discrimination that do not allege sexual harassment will be investigated through the complaint procedure outlined in policy KN to determine whether, under the totality of the circumstances, the alleged behavior constitutes a violation of this policy. Actions determined to be in violation of this policy shall result in disciplinary action, up to and including termination for employees and expulsion for students. Actions which are in violation of other policies but do not constitute sex-based discrimination may also result in appropriate discipline. 

Grievance Process for Sexual Harassment
Any employee who witnesses an act of sexual harassment or receives a complaint of harassment from another employee or a student shall report the complaint to the Title IX Coordinator, the employee’s supervisor, or other designated district official. Employees who fail to appropriately report complaints or incidents of sexual harassment to the Title IX Coordinator, the employee’s supervisor, or other designated district official may face disciplinary action.

Use of this complaint procedure is not a prerequisite to the pursuit of any other remedies including the right to file a complaint with the Office for Civil Rights of the U.S. Department of Education, the Equal Employment Opportunity Commission, or the Kansas Human Rights Commission.

The Title IX Coordinator, any investigator, decision-maker, appeal decision-maker, or any informal resolution facilitator shall not have a conflict of interest or bias for or against the complainant or respondent. These individuals shall receive training on the definition of sexual harassment; the scope of the education program and activities; how to conduct an investigation, including appeals and informal resolution processes; and how to serve impartially, including avoiding prejudgment of the facts, conflicts of interest, and bias.

Investigators shall receive training on issues of relevance of questions and evidence in order to create investigative reports that fairly summarize relevant evidence. Decision-makers shall receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. 

Within 10 business days of any reports of sexual harassment, the Title IX Coordinator shall,  contact the complainant and discuss the availability of supportive measures, with or without the filing of a formal complaint; consider the complainant’s wishes as to supportive measures; and inform the complainant of the right to a formal complaint investigation consistent with Title IX and the informal resolution process.

Informal Resolution Process for Sexual Harassment Complaints
At any time during the formal complaint process regarding alleged sexual harassment and prior to reaching a determination regarding responsibility, the district may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and determination of responsibility.
The informal resolution process requires:

• The informal resolution facilitator is to be a trained educational professional, consultant, or other individual selected by the Title IX Coordinator who has received training on their role;
• the parties to be provided a written notice disclosing the allegations, the requirements of the informal resolution process, and information on when it may preclude the parties from resuming a formal complaint arising from the same allegations;
• at any time prior to agreeing to a resolution, any party to have the right to withdraw from the informal resolution process and resume the investigation of the formal complaint and to be informed of any consequences resulting from participating in the informal resolution process;
• that the parties voluntarily consent, in writing, to the informal resolution process; and
• that the informal resolution process is not used to resolve allegations that an employee has sexually harassed a student.

If the matter is resolved to the satisfaction of the parties, the facilitator shall document the nature of the complaint and the resolution, have both parties sign the agreement, provide a copy of the agreement to both parties, and forward it to the Title IX Coordinator.  If the matter is not resolved, the informal resolution facilitator will notify the Title IX Coordinator, who will resume the formal complaint process.

Formal Grievance Process for Sexual Harassment Complaints
No formal investigation of alleged sexual harassment may occur until after a formal complaint has been filed.
The procedures for filing a formal complaint are as follows.

• At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the district concerning which the formal complaint is filed.
• A formal complaint should be filed in writing and contain the name and address of the person filing the complaint.  The complaint should briefly describe the alleged violation.  Filing of the complaint with the Title IX Coordinator may be done in person, by mail, or by email.  If an individual does not wish to file a written complaint, and the matter has not been adequately resolved, the Title IX Coordinator may initiate the complaint.  Forms for filing written complaints are available in each school building office and the central office.
• A complaint should be filed as soon as possible after the conduct occurs, but not later than 180 calendar days after the complainant becomes aware of the alleged violation, unless the conduct forming the basis for the complaint is ongoing.

Upon receipt of a formal complaint, the Title IX Coordinator shall either dismiss the formal complaint or initiate the formal grievance process by providing notice to the parties of the complaint.

Dismissal of a Formal Complaint of Sexual Harassment
The Title IX Coordinator must dismiss the complaint if it is determined that:

• Even if all the facts alleged are true, the conduct alleged in the formal complaint would not constitute sexual harassment as defined herein;
• the conduct did not occur in the recipient’s education program or activity; or
• the conduct did not occur against a person in the United States.
• During the course of the formal grievance process, the Title IX Coordinator may dismiss the complaint if:
• A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
• the respondent is no longer enrolled or employed by the district; or
• specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon a dismissal of a complaint, the Title IX Coordinator must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

Dismissal of a formal complaint does not preclude an investigation or disciplinary action under another district policy.

Initiation of Formal Grievance Process for Sexual Harassment Complaints
Upon filing of a formal complaint of sexual harassment, the district shall provide written notice to the known parties including:

• Notice of the allegations of sexual harassment including sufficient details to prepare a response before any initial interview including:
  • The identities of the parties involved, if known;
  • the conduct allegedly constituting sexual harassment; and
  • the date and location of the alleged incident, if known.
• The district’s investigation procedures, including any informal resolution process;
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made by the decision-maker at the conclusion of the investigation;
• Notice to the parties they may have an advisor of their choice and may inspect and review any evidence; and
• Notice to the parties of any provision in the district’s code of conduct or policy that prohibits knowingly making false statements or knowingly submitting false information.

If, in the course of an investigation, the investigator decides to investigate allegations about the complainant or respondent that are not included in the notice initially provided, the Title IX Coordinator shall provide notice of the additional allegations to known parties.

Formal Complaint Investigations Regarding Sexual Harassment
To ensure a complete and thorough investigation of any sexual harassment complaint and to protect the parties, the investigator shall:

• Ensure that the preponderance of the evidence burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the district and not the parties;
• Provide an equal opportunity for the parties to present witnesses and evidence;
• Not restrict either party’s ability to discuss the allegations under investigation or to gather and present relevant evidence;
• Allow the parties to be accompanied by an advisor of their choice;
• Provide written notice of the date, time, location, participants, and purpose of any interview or meeting at which a party or witness is expected to participate;
• Provide the parties equal access to review all the evidence collected which is directly related to the allegations raised in a formal complaint of sexual harassment, including the investigative report, and the opportunity to respond to that evidence before a determination is made;
• Be impartial and objectively evaluate all relevant evidence without relying on sex stereotypes;
• Not have conflicts of interest or bias for or against complainants or respondents;
• Not make credibility determinations based on the individual’s status as complainant, respondent, or witness.

The investigator shall prepare an initial investigative report that fairly summarizes relevant evidence and share the report with the parties and their advisors simultaneously.

The parties shall have 10 days to submit a written response to the initial report for the investigator’s consideration.
Following the opportunity for the parties and their advisors to review and respond to the initial report, the investigator shall submit a final report to the parties and the Title IX Coordinator simultaneously. Upon receipt, the Title IX Coordinator shall provide a copy of the final report and supporting documentation to the decision-maker.

Decision-Maker’s Determination Regarding Sexual Harassment Complaints
Upon receiving the investigator’s final report, but prior to reaching a determination regarding responsibility, the decision-maker must afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with any answers provided, and allow for additional, limited follow-up questions.

The decision-maker must issue a written determination regarding responsibility based on a preponderance of the evidence. The decision-maker’s written determination shall:

• Identify the allegations potentially constituting sexual harassment;
• describe the procedural steps taken, including any notifications to the parties, site visits, methods used to gather evidence, and interviews;
• include the findings of fact supporting the determination;
• address any district policies and/or conduct rules which apply to the facts;
• a statement of, and rational for, the result as to each allegation, including a determination regarding responsibility; and
• the procedures and permissible bases for the complainant and/or respondent to appeal the determination.

The written determination may, but is not required to, recommend that, based on respondent’s action, respondent be subject to disciplinary sanctions and any remedies designed to preserve access to the educational program or activity that may be provided by the district to the complainant.

Actions determined to be in violation of this policy shall result in disciplinary action, up to and including termination for employees and expulsion for students. Actions which are in violation of other policies but do not constitute sex-based discrimination may also result in disciplinary action.

A copy of the written determination shall be provided to both parties and the Title IX Coordinator simultaneously.

The decision becomes final on the date the parties receive the results of an appeal, if any appeal is filed, or on the date the opportunity for an appeal expires.

If the formal grievance process determines the actions constituted sexual harassment in violation of this policy, the respondent shall be subject to disciplinary action, up to and including termination for employees or expulsion for students. If the formal grievance process determines the actions were in violation of other policies but do not constitute sexual harassment, the respondent may be subject discipline under those policies. 

If it is determined that sexual harassment has occurred, the district will take prompt, remedial action to prevent its reoccurrence.

Appeals Regarding Sexual Harassment Complaints
The complainant or respondent may appeal the decision-maker’s determination regarding responsibility of a sexual harassment complaint or a dismissal of a formal complaint, on any of the following:

• Procedural irregularity that affected the outcomes;
• new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the complaint was made that could affect the outcome; and/or
• the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias against either party that affected the outcome.

The request to appeal shall be made in writing to the Title IX Coordinator within 10 days after the date of the written determination.  Appeals shall be a review of the record by an attorney, an independent hearing officer appointed by the board, or the board. The appeal decision-maker may not be the Title IX Coordinator, the investigator, the decision-maker, or informal resolution facilitator that participated in any level of the grievance process that led to the original determination.
The Title IX Coordinator shall notify the parties in writing of the filing of an appeal and implement appeal procedures equally for both parties.

The appeal decision-maker shall give the parties an equal opportunity to submit a written statement in support of, or challenging, the outcome of determination of responsibility. Within 30 days after the appeal is filed, the appeal decision-maker shall issue a written decision, including the rationale for the decision, and provide the written decision simultaneously to both parties and to the Title IX Coordinator.

Recordkeeping
Records relating to sexual harassment complaints filed and their resolution shall be maintained by the Title IX Coordinator for seven years.

Dissemination of Policy
A summary of this policy and the complaint procedures including how to report or file a formal complaint of sex discrimination or sexual harassment shall be published in district handbooks and on the district’s website as directed by the Title IX Coordinator.  Notification of the policy may include posting informational notices in district or school publications, publishing in local newspapers, or distributing memoranda or other written communications to students and employees.

In addition, the district is required to include a statement of nondiscrimination in any bulletins, announcements, publications, catalogs, application forms, or other recruitment materials that are made available to participants, students, applicants, or employees.

Policy Reference: GAF

Policy Reference: JGEC

Adoption Date: 02/08/1999, Revised: 06/22/2009; 08/10/2015; 02/11/2019; 08/10/2020; 06/28/2021 

USD 443 - Dodge City Complaint Form

©KASB. This material may be reproduced for use in USD 443. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB. 

 

GAACA  

Racial and Disability Harassment: Employees  

The board of education is committed to providing a positive and productive working and learning environment,  free from discrimination, including harassment, on the basis of race, color, national origin, or disability. Racial  and disability harassment will not be tolerated in the school district. Racial or disability harassment of  employees or students of the district in any district education program or activity is strictly prohibited. 

Racial harassment is unlawful discrimination on the basis of race, color or national origin under Titles VI and VII  of the Civil Rights Act of 1964, and the Kansas Acts Against Discrimination. Disability harassment is unlawful  discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973 and the Americans  with Disabilities Act. All forms of racial and disability harassment are prohibited at school, on school property,  and at all school-sponsored activities, programs or events.  

It shall be a violation for any employee to discourage a student or another employee from filing a complaint, or  to fail to investigate or refer for investigation, any complaint lodged under the provisions of this policy.  

Violations of this policy by any employee shall result in disciplinary action, up to and including termination. Harassment prohibited by this policy includes racially or disability-motivated conduct which: 

• Affords an employee different treatment, solely on the basis of race, color, national origin, or disability,  in a manner which interferes with or limits the ability of the employee to participate in or benefit from  the services, activities or programs of the school; 
• Is sufficiently severe, pervasive or persistent so as to have the purpose or effect of creating a hostile  working environment; 
• Is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an  individual’s work performance or employment opportunities. 

Racial or disability harassment may result from verbal or physical conduct or written or graphic material. 

The district encourages all victims of racial or disability harassment and persons with knowledge of such  harassment to report the harassment immediately. Complaints of racial or disability harassment will be  promptly investigated and resolved.  

Employees who believe they have been subjected to racial or disability harassment should discuss the problem with their immediate supervisor. If an employee’s immediate supervisor is the alleged harasser, the employee  should discuss the problem with the building principal or the district compliance coordinator. Employees who  do not believe the matter is appropriately resolved through this meeting may file a formal complaint under the  district’s discrimination complaint procedure in policy KN.  

Complaints received will be investigated to determine whether, under the totality of the circumstances, the alleged behavior constitutes racial or disability harassment under the definition outlined above. Unacceptable  conduct may or may not constitute racial or disability harassment, depending on the nature of the conduct and  its severity, pervasiveness and persistence. Behaviors which are unacceptable but do not constitute harassment  may also result in employee discipline.

If discrimination or harassment has occurred, the district will take prompt, remedial action to prevent its reoccurrence.  

Any employee who witnesses an act of racial or disability harassment or receives a complaint of harassment  from another employee or a student shall report the complaint to the building principal. Employees who fail to report complaints or incidents of racial or disability harassment to appropriate school officials may face disciplinary action. School administrators who fail to investigate and take appropriate corrective action in  response to complaints of racial or disability harassment may also face disciplinary action, up to and including  termination. 

Initiation of a complaint of racial or disability harassment in good faith will not adversely affect the job security  or status of an employee, nor will it affect his or her compensation. Any act of retaliation or discrimination  against any person who has filed a complaint or testified, assisted, or participated in any investigation,  proceeding, or hearing involving a racial or disability harassment complaint is prohibited. Any person who  retaliates is subject to immediate disciplinary action, up to and including termination from employment. 

To the extent possible, confidentiality will be maintained throughout the investigation of a complaint. The desire for confidentiality must be balanced with the district’s obligation to conduct a thorough investigation, to  take appropriate corrective action or to provide due process to the accused. 

False or malicious complaints of racial or disability harassment may result in corrective or disciplinary action against the complainant. 

A summary of this policy shall be posted in each district facility and shall be published in employee handbooks  and on the district’s website as directed by the district compliance coordinator. Notification of the policy shall  be included in the school newsletter or published in the local newspaper annually. 

Policy Reference: GAF

Policy Reference: JGECA

Policy Reference: KN

Adoption Date: 02/08/1999, Revised: 06/22/2009; 08/12/2013; 08/10/2015; 02/11/2019, 06/28/2021 

USD 443 - Dodge City Complaint Form

©KASB. This material may be reproduced for use in USD 443. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB. 

GAACB
Employee Whistleblower                                                                                                            
(See DE)

No disciplinary action shall be taken against a district employee because the employee:

• Discussed the operations of the district or other matters of public concern, including matters relating to public health, safety, and welfare either specifically or generally, with any member of the board or any auditing agency;
• reported a violation of state or federal law or any policies and regulations adopted pursuant
• to such laws to any person, agency, or organization;
• failed to give notice to the employee’s supervisor or the board prior to making any report as described in the above paragraph; or
• disclosed malfeasance or other misappropriation of money held by the district to any person, agency, or organization.

The above shall not be construed to:

• Prohibit a supervisor or the board from requiring that an employee inform their supervisor or the district compliance coordinator regarding governing body or auditing agency requests for information submitted to the district or the substance of testimony made, or to be made, by the employee to members of the board or the auditing agency on behalf of the district;
• permit an employee to leave the employee’s assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to employee leave unless the employee is requested by a member of the board to appear before the board or by an auditing agency to appear at a meeting with officials of the auditing agency;
• authorize an employee to represent the employee’s personal opinions as the opinion of the district; or
• prohibit disciplinary action of an employee who discloses information that:
  • the employee knows to be false or that the employee discloses with reckless disregard for the truth or falsity of such information;
  • the employee knows to be exempt from required disclosure under the open records act;
  • is confidential or privileged under state or federal law or court rule; or
  • is disclosed due to a corrupt motive rather than a good faith concern for a wrongful activity.

Copies of this policy shall be prominently posted in each school and district building in a location where it can reasonably be expected to come to the attention of all employees of the district.

As used in this policy, auditing agency means:

• The legislative post auditor;
• any employee of the division of post audit;
• any firm performing audit services pursuant to a contract with the post auditor;
• any state agency or federal agency or authority performing auditing or other oversight activities under authority of any provision of law authorizing such activities; or
• the inspector general established in state law.

 Approved: KASB Recommendation – 6/25

 

GAAD 

Child Abuse 

Any district employee who has reason to know or suspect a child has been injured as a result of physical, mental, or emotional abuse or neglect or sexual abuse, shall promptly report the matter to the local Kansas Department  for Children and Families (DCF) office or to the local law enforcement agency if the DCF office is not open.  Employees may file a report of suspected abuse anonymously to either DCF by phoning 1-800-922-5330 or to  local law enforcement officials. The Code for Care of Children also provides civil immunity from prosecution if  the report is made in good faith. 

The employee making the report will not contact the child’s family or any other persons to determine the cause  of the suspected abuse or neglect. 

DCF or Law Enforcement Access to Students on School Premises 

The building principal shall allow a student to be interviewed by DCF or law enforcement representatives on  school premises to investigate suspected child abuse and shall act as appropriate to facilitate the agency’s access  to the child and to protect the student’s interests during the process. State law grants the investigating agency  the authority to determine whether a school employee may be present while the interview is being conducted,  taking into account the child’s best interests. If asked to sit in on the interview by the agency representative  conducting it, the building principal or designee thereof shall oblige such request in order to provide comfort to  the child throughout the process and to facilitate the investigation. 

Cooperation Between School and Agencies 

Principals shall work with DCF and law enforcement agencies to develop a plan of cooperation for investigating  reports of suspected child abuse or neglect. To the extent that safety is not compromised, law enforcement  officers investigating complaints of suspected child abuse or neglect on school property shall not be in uniform.  

Reporting Procedure 

The employee shall promptly report to the local DCF office or law enforcement if DCF is closed. It is recommended the building administrator also be notified after the report is made. 

If the building principal has been notified, the principal shall immediately notify the superintendent that the  initial report to DCF has been made. If appropriate, the principal may confer with the school's social worker,  guidance counselor or psychologist. At no time shall the principal or any other staff member prevent or interfere  with the making of a suspected child abuse report. 

If available, the following information shall be given by the person making the initial report: name, address, and age of the student; name and address of the parents or guardians; nature and extent of injuries or description of neglect or abuse; and any other information that might help establish the cause of the child’s condition. 

Any personal interview or physical inspection of the child by any school employee shall be conducted in an appropriate manner with an adult witness present. 

State law provides that anyone making a report in good faith and without malice shall be immune from any civil  liability that might otherwise be incurred or imposed.

Mobile Crisis Helpline 

Crisis support for Kansas families and children to resolve an emotional, psychiatric, or behavioral health crisis is available through the Department of Children and Families Mobile Crisis Helpline, 1-833-441-2240, including: 

• Problem solving to resolve behavioral health crisis; 
• Referral to community resources or recommendation to engage in stabilization services;
• In-person support via mobile crisis response; and  
• Contacting mobile crisis response unit to assist in emergency situations. 

Services are available to all Kansans 20 years or younger including anyone in foster care or formerly in foster care. 

Annual Training 

Annual training for all school employees on child abuse and neglect reporting requirements shall be provided, and documentation of the training shall be maintained. 

Policy References: JCAC and JGEC

Adoption Date: 06/22/2009, Revised: 08/12/2013; 08/10/2020; 01/10/2022

©KASB. This material may be reproduced for use in USD 443. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB. 

 

GAAE 

Bullying by Staff 

The board of education prohibits bullying in any form by any student, staff member, or parent towards a student or a staff member on or while using school property, in a school vehicle or at a school-sponsored activity or event. For the purposes of this policy, the term “bullying” shall have the meaning ascribed to it in Kansas law.  

The administration shall propose, and the board shall review and approve a plan to address bullying as  prohibited herein. The plan shall include provisions for the training and education of staff members.  Staff members who bully others in violation of this policy may be subject to disciplinary action, up to and  including suspension and/or termination. If appropriate, staff members who violate the bullying prohibition shall be reported to local law enforcement. 

Bullying Plan 

(Also see Policy JDDC) 

Bullying means: Any intentional gesture or any intentional written, verbal, electronic, or physical act or threat either by any student, staff member, or parent towards a student or by any student, staff member or parent  towards a staff member that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment that a reasonable person, under the circumstances, knows or should know will have the effect of: 

• Harming a student or staff member, whether physically or mentally; 
• Damaging a student’s or staff member’s property: 
• Placing a student or staff member in reasonable fear of harm; or 
• Placing a student or staff member in reasonable fear of damage to the student’s or staff member’s property. 

Bullying also includes cyberbullying. “Cyberbullying” means bullying by use of any electronic communication device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile  phones, pagers, online games, and websites. 

Additionally, bullying means any form of intimidation or harassment prohibited by the board of education of the school district in policies concerning bullying adopted pursuant to K.S.A. 72-8256 or subsection (e) of K.S.A. 72-8205, and amendments thereto. USD 443 will not tolerate these actions by students, staff, or parents. For the purposes of this plan and its authorizing policies, “parent” includes a biological, adoptive, or step-parent; guardian; custodian; or other person with authority to act on behalf of a student. 

Similarly, a “staff member” means any person employed by the district. 

Any act of bullying by either an individual student or group of students towards a student or staff member of  the district is prohibited on or while utilizing school property, in a school vehicle, or at school-sponsored activities, programs, and events. This policy applies to students who directly engage in an act of bullying, to students who, by their behavior, support another student’s act of bullying and to all staff members and parents who engage in similar behaviors. 

Training concerning identifying, reporting, investigating, and preventing bullying behaviors as outlined in district policies and this plan shall be provided to students and staff members using district resources available for such purpose and shall be provided through school assemblies, staff development, or other appropriate forums at least {annually/biannually}. 

The board or the district administration on behalf of the board may seek student, staff, parent, and/or community input on the adoption, revision, and/or implementation of the board’s bullying policies or plan as directed or approved by the board.

No teacher, administrator, or school district employee shall engage in, permit, or tolerate bullying. 

Retaliation against a victim, good faith reporter, or a witness to bullying is prohibited. A student or staff member who engages in an act of bullying, reprisal, retaliation or false reporting of bullying, shall be subject to discipline in accordance with school district policy and procedures. The school administration and/or board may take into account the following factors when determining an appropriate disciplinary action for such prohibited conduct: the ages of the parties involved; the developmental and maturity levels, special education needs of the parties involved, and the severity of the behavior. 

Discipline guidelines for student bullying may be found in student and employee handbooks. Offenses over time or single offenses which are severe in nature may result in discipline up to and including suspension and/or expulsion or termination from employment. 

Parents participating in prohibited bullying conduct aimed at district students and/or staff members may jeopardize their access to district facilities; district property; school sponsored activities, programs, and events; and/or district students and/or staff members through the district’s communication systems. As  appropriate, reports to local law enforcement will be filed to report criminal bullying behaviors. (See Policies EBC, GAAC, GAACA, JGEC, JGECA and KN)

Policy Reference: EBC

Policy References: GAAB, GAAC and GAACA

Policy References: JDD, JDDC, JGEC and JGECA

Policy Reference: KGC and KN

Adoption Date: 08/12/2013, Revised: 03/08/2016  

Bullying By Adults Form

 

GAAF 

Emergency Safety Interventions  

The board of education is committed to limiting the use of Emergency Safety Intervention (“ESI”), such as  seclusion and restraint, with all students. Seclusion and restraint shall be used only when a student’s conduct  necessitates the use of an emergency safety intervention as defined below. The board of education encourages  all employees to utilize other behavioral management tools, including prevention techniques, de-escalation techniques, and positive behavioral intervention strategies.  

This policy shall be made available on the district website with links to the policy available on any individual  school pages. In addition, this policy shall be included in at least one of the following: each school’s code of  conduct, school safety plan, or student handbook. Notice of the online availability of this policy shall be provided to parents during enrollment each year. 

Definitions 

• “Area of purposeful isolation” means any separate space, regardless of any other use of that space, other  than an open hallway or similarly open environment. 
• “Campus police officer” means a school security officer designated by the board of education of any  school district pursuant to K.S.A. 72-6146, and amendments thereto. 
• “Chemical Restraint” means the use of medication to control a student’s violent physical behavior or  restrict a student’s freedom of movement. 
• “Emergency Safety Intervention” is the use of seclusion or physical restraint but does not include physical  escort or the use of time-out. 
• “Incident” means each occurrence of the use of an emergency safety intervention. 
• “Law enforcement officer” and “police officer” mean a full-time or part-time salaried officer or employee  of the state, a county, or a city, whose duties include the prevention or detection of crime and the  enforcement of criminal or traffic law of this state or any Kansas municipality. This term includes a  campus police officer. 
• “Legitimate law enforcement purpose” means a goal within the lawful authority of an officer that is to  be achieved through methods or conduct condoned by the officer’s appointing authority. 
• “Mechanical Restraint” means any device or object used to limit a student’s movement. 
• “Parent” means: (1) a natural parent; (2) an adoptive parent; (3) a person acting as a parent as defined  in K.S.A. 72-3122(d)(2), and amendments thereto; (4) a legal guardian; (5) an education advocate for a  student with an exceptionality; (6) a foster parent, unless the student is a child with an exceptionality;  or (7) a student who has reached the age of majority or is an emancipated minor. 
• “Physical Escort” means the temporary touching or holding the hand, wrist, arm, shoulder, or back of a student who is acting out for the purpose of inducing the student to walk to a safe location. 
• “Physical Restraint” means bodily force used to substantially limit a student’s movement, except that  consensual, solicited, or unintentional contact and contact to provide comfort, assistance, or instruction  shall not be deemed to be physical restraint. 
• “Purposefully isolate” when used regarding a student, means that school personnel are not meaningfully engaging with the student to provide instruction and any one of the following occurs: 
  • Removal of the student from the learning environment by school personnel; 
  • Separation of student from all or most peers and adults in the learning environment by school personnel; or 
  • Placement of the student within an area of purposeful isolation by school personnel.
• “School resource officer” means a law enforcement officer or police officer employed by a local law enforcement agency who is assigned to a district through an agreement between the local law  enforcement agency and the district. 
• “School security officer” means a person who is employed by a board of education of any school district for the purpose of aiding and supplementing state and local law enforcement agencies in which the school district is located but is not a law enforcement officer or police officer. 
• “Seclusion” means placement of a student for any reason other than for in-school suspension, detention, or any other appropriate disciplinary measure in a location where both of the following conditions are met:  
• School personnel purposefully isolate the student; and 
• the student is prevented from leaving or has reason to believe, that the  
• student will be prevented from leaving the area of purposeful isolation.  
• “Time-out” means a behavioral intervention in which a student is temporarily removed from a learning  activity without being secluded. 

Prohibited Types of Restraint 
All staff members are prohibited from engaging in the following actions with all students: 

• Using face-down (prone) physical restraint; 
• Using face-up (supine) physical restraint; 
• Using physical restraint that obstructs the student’s airway; 
• Using physical restraint that impacts a student’s primary mode of communication; 
• Using chemical restraint, except as prescribed treatments for a student’s medical or psychiatric  condition by a person appropriately licensed to issue such treatments; and 
• Use of mechanical restraint, except: 
  • Protective or stabilizing devices required by law or used in accordance with an order from  a person appropriately licensed to issue the order for the device; 
  • Any device used by a certified law enforcement officer to carry out law enforcement duties;  or 
  • Seatbelts and other safety equipment when used to secure students during transportation. 

Use of Emergency Safety Interventions 
ESI shall be used only when a student presents a reasonable and immediate danger of physical harm to such  student or others with the present ability to affect physical harm. Less restrictive alternatives to ESI, such as  positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances  by the school employee witnessing the student’s behavior prior to the use of any ESI. The use of ESI shall cease  as soon as the immediate danger of physical harm ceases to exist. Violent action that is destructive of property  may necessitate the use of an ESI. Use of an ESI for purposes of discipline, punishment, or for the convenience  of a school employee shall not meet the standard of immediate danger of physical harm. 

ESI Restrictions 
A student shall not be subjected to ESI if the student is known to have a medical condition that could put the  student in mental or physical danger as a result of ESI. The existence of such medical condition shall be indicated  in a written statement from the student’s licensed health care provider, a copy of which has been provided to  the school and placed in the student’s file.  

Such written statement shall include an explanation of the student’s diagnosis, a list of any reasons why ESI  would put the student in mental or physical danger, and any suggested alternatives to ESI. In spite of the provisions of this subsection, a student may be subjected to ESI if not subjecting the student to ESI would result  in significant physical harm to the student or others. 

Use of Seclusion 
When a student is placed in seclusion, a school employee shall see and hear the student at all times. The  presence of another person in the area of purposeful isolation or observing the student from outside the area  of purposeful isolation shall not create an exemption from otherwise reporting the incident as seclusion. When  a student is placed in or otherwise directed to an area of purposeful isolation, the student shall have reason to  believe that the student is prevented from leaving. 

If the area of purposeful isolation is equipped with a locking door designed to prevent a student from leaving  the area of purposeful isolation, the door shall be designed to ensure that the lock automatically disengages  when the school employee viewing the student walks away from the area of purposeful isolation, or in case of  emergency, such as fire or severe weather. 

An area of purposeful isolation shall be a safe place with proportional and similar characteristics as those of  rooms where students frequent. Such area shall be free of any condition that could be a danger to the student,  well-ventilated, and sufficiently lighted. 

Training 
All staff members shall be trained regarding the use of positive behavioral intervention strategies, de-escalation  techniques, and prevention techniques. Such training shall be consistent with nationally recognized training  programs on ESI. The intensity of the training provided will depend upon the employee’s position.  Administrators, licensed staff members, and other staff deemed most likely to need to restrain a student will be  provided more intense training than staff who do not work directly with students in the classroom. District and  building administration shall make the determination of the intensity of training required by each position.

Each school building shall maintain written or electronic documentation regarding the training that was  provided and a list of participants, which shall be made available for inspection by the state board of education  upon request. 

Notification and Documentation 
The principal or designee shall notify the parent the same day as an incident. The same-day notification requirement of this subsection shall be deemed satisfied if the school attempts at least two methods of  contacting the parent. A parent may designate a preferred method of contact to receive the same-day notification. Also, a parent may agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day.  

Documentation of the ESI used shall be completed and provided to the student’s parents no later than the  school day following the day of the incident. Such written documentation shall include:  

• The events leading up to the incident;  
• student behaviors that necessitated the ESI;  
• steps taken to transition the student back into the educational setting;  
• the date and time the incident occurred, the type of ESI used, the duration of the ESI, and the school  personnel who used or supervised the ESI;  
• space or an additional form for parents to provide feedback or comments to the school regarding  the incident; 
• a statement that invites and strongly encourages parents to schedule a meeting to discuss the  incident and how to prevent future incidents; and  
• email and phone information for the parent to contact the school to schedule the ESI meeting.  Schools may group incidents together when documenting the items in subparagraphs (A), (B) and (C)  if the triggering issue necessitating the ESIs is the same. 

The parent shall be provided the following information after the first and each subsequent incident during each school year:  

• A copy of this policy which indicates when ESI can be used;  
• a flyer on the parent’s rights;  
• information on the parent’s right to file a complaint through the local dispute resolution process  (which is set forth in this policy) and the complaint process of the state board of education; and  
• information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas.  

Upon the first occurrence of an incident of ESI, the foregoing information shall be provided in printed form or, upon the parent’s written request, by email. Upon the occurrence of a second or subsequent incident, the parent shall be provided with a full and direct website address containing such information. 

Law Enforcement, School Resource, and Campus Security Officers 
Campus police officers and school resource officers shall be exempt from the requirements of this policy when engaged in an activity that has a legitimate law enforcement purpose. School security officers shall not be exempt from the requirements of this policy. 

If a school is aware that a law enforcement officer or school resource officer has used seclusion, physical restraint, or mechanical restraint on a student, the school shall notify the parent the same day using the parent’s preferred method of contact. A school shall not be required to provide written documentation to a parent, as set forth above, regarding law enforcement use of an emergency safety intervention, or report to the state department of education any law enforcement use of an emergency safety intervention. For purposes of this subsection, mechanical restraint includes, but is not limited to, the use of handcuffs. 

Documentation of ESI Incidents 
Except as specified above with regard to law enforcement or school resource officer use of emergency safety  interventions, each building shall maintain documentation any time ESI is used with a student. The  documentation shall include all of the following: 

• Date and time of the ESI, 
• Type of ESI, 
• Length of time the ESI was used,  
• School personnel who participated in or supervised the ESI, 
• Whether the student had an individualized education program at the time of the incident,  
• Whether the student had a section 504 plan at the time of the incident, and  
• Whether the student had a behavior intervention plan at the time of the incident. 

All such documentation shall be provided to the building principal, who shall be responsible for providing copies  of such documentation to the superintendent or the superintendent’s designee on at least a biannual basis. At  least once per school year, each building principal or designee shall review the documentation of ESI incidents  with appropriate staff members to consider the appropriateness of the use of ESI in those instances.

Reporting Data 
District administration shall report ESI data to the state department of education as required. 

Parent Right to Meeting on ESI Use 
After each incident, a parent may request a meeting with the school to discuss and debrief the incident. A parent  may request such meeting verbally, in writing, or by electronic means. A school shall hold a meeting requested  under this subsection within 10 school days of the parent’s request. The focus of any such meeting shall be to  discuss proactive ways to prevent the need for emergency safety interventions and to reduce incidents in the  future. 

For a student with an IEP or a Section 504 plan, such student’s IEP team or Section 504 plan team shall discuss  the incident and consider the need to conduct a functional behavioral assessment, develop a behavior  intervention plan, or amend the behavior intervention plan if already in existence. 

For a student with a section 504 plan, such student’s section 504 plan team shall discuss and consider the need  for a special education evaluation. For students who have an individualized education program and are placed  in a private school by a parent, a meeting called under this subsection shall include the parent and the private  school, who shall consider whether the parent should request an individualized education program team  meeting. If the parent requests an individualized education program team meeting, the private school shall help  facilitate such meeting. 

For a student without an IEP or Section 504 plan, the school staff and the parent shall discuss the incident and  consider the appropriateness of a referral for a special education evaluation, the need for a functional  behavioral assessment, or the need for a behavior intervention plan. Any such meeting shall include the  student’s parent, a school administrator for the school the student attends, one of the student’s teachers, a  school employee involved in the incident, and any other school employees designated by the school  administrator as appropriate for such meeting. 

The student who is the subject of such meetings shall be invited to attend the meeting at the discretion of the  parent. The time for calling such a meeting may be extended beyond the 10-day limit if the parent of the student  is unable to attend within that time period. Nothing in this section shall be construed to prohibit the  development and implementation of a functional behavior assessment or a behavior intervention plan for any  student if such student would benefit from such measures. 

Local Dispute Resolution Process 
If a parent believes that an emergency safety intervention has been used on the parent’s child in violation of  state law or board policy, the parent may file a complaint as specified below. 

The board of education encourages parents to attempt to resolve issues relating to the use of ESI informally  with the building principal and/or the superintendent before filing a formal complaint with the board. Once an informal complaint is received, the administrator handling such complaint shall investigate such matter, as deemed appropriate by the administrator. In the event that the complaint is resolved informally, the  administrator must provide a written report of the informal resolution to the superintendent and the parents  and retain a copy of the report at the school. The superintendent will share the informal resolution with the  board of education and provide a copy to the state department of education. 

If the issues are not resolved informally with the building principal and/or the superintendent, the parents may  submit a formal written complaint to the board of education by providing a copy of the complaint to the clerk  of the board and the superintendent within thirty (30) days after the parent is informed of the incident.
Upon receipt of a formal written complaint, the board president shall assign an investigator to review the  complaint and report findings to the board as a whole. Such investigator may be a board member, a school  administrator selected by the board, or a board attorney. Such investigator shall be informed of the obligation  to maintain confidentiality of student records and shall report the findings of fact and recommended corrective  action, if any, to the board in executive session. 

Any such investigation must be completed within thirty (30) days of receipt of the formal written complaint by  the board clerk and superintendent. On or before the 30th day after receipt of the written complaint, the board shall adopt written findings of fact and, if necessary, appropriate corrective action. A copy of the written findings of fact and any corrective action adopted by the board shall only be provided to the parents, the school, and the state department of education and shall be mailed to the parents and the state department within 30 days of the board’s receipt of the formal complaint.  

If desired, a parent may file a complaint under the state board of education administrative review process within  thirty (30) days from the date a final decision is issued pursuant to the local dispute resolution process. 

Policy Reference: GAO

Policy References: JQ and JRB

Policy Reference: KN

Adoption Date: 08/12/2013; Revised: 03/03/2014; 08/10/2015; 08/08/2016; 07/09/2018; 02/11/2019;  06/26/2023

GAAF - ESI Documentation Form

 

GACA 

Positions  

New employment positions shall be authorized by the board. The superintendent shall prepare for board  approval a comprehensive list of all new positions, together with their qualifications, duties, and responsibilities, for board consideration.  

Policy Reference: CD

Policy Reference: GACB

Adoption Date: 06/06/2006, Revised: 02/11/2019

 

GACB 

Job Descriptions 

The superintendent shall develop a job description for each category of employee. After board approval of any new or revised job descriptions, they will be deemed in effect, shall be filed with the clerk, and may be published  in handbooks. 

Policy Reference: CD

Policy Reference: GACA

Adoption Date: 06/22/2009, Revised: 07/08/2019

 

GACC  

Recruitment and Hiring 

Recruitment 

The board delegates recruiting authority to the superintendent. In carrying out this responsibility, the superintendent may involve administrators and other employees.  

Hiring 

The board shall approve the hiring of all employees. No staff member’s employment is official until the contract or other document is signed by the candidate and approved by the board. 

Hiring sequence 

• Conditional offer of employment is extended to the candidate in writing subject to revocation or, if provisional employment has already begun, termination of employment based upon unsatisfactory results of any reference and/or background checks performed; 
• Written acceptance by the candidate is received; 
• Contract or other appropriate document sent to the candidate and candidate’s acceptance signified by a signed document returned to the superintendent; and 
• Approval of the contract or other documents by the board. 

Adoption Date: 10/09/2000, Revised: 06/22/2009; 08/11/2014; 07/08/2019  

Job Application Acknowledgements

Affidavit of Continuous Residency

 

GACCA  

Nepotism 

The superintendent shall make reasonable efforts to determine whether a candidate for employment is related to or residing with a board member or an administrator of the district. If a candidate is related to or residing with a board member or administrator, the superintendent will make this fact known to the board. 

Except in an emergency or in the case the individual is deemed to be the most qualified candidate for the position by the board, the board will not employ anyone who is the father, mother, brother, sister, spouse, son, daughter, step-son, step-daughter, son-in-law, or daughter-in-law of any board member or who resides in the  household of any board member. 

This provision shall not apply to any person who has been regularly employed by the board prior to the adoption of this policy or to any person who has been regularly employed by the board prior to the election or  appointment of a new board member to whom the person is related. 

Supervision Limitations 

No employee shall directly supervise or be responsible for any portion of the evaluation of his or her father,  mother, brother, sister, spouse, son, daughter, step-son, step-daughter, son-in-law, or daughter-in-law or an individual residing with the employee. 

Adoption Date: 06/22/2009, Revised: 08/12/2013; 07/08/2019

GACD 

Employment Eligibility Verification (Form I-9) 

All district employees, at the time of employment, shall provide verification of identity and employment status to the superintendent. 

The superintendent shall maintain a file on all of the district’s employees hired after November 6, 1986, proving that each employee has verified their identity, employment status, U.S. citizenship, or legal alien  status. 

Policy Reference: GAK  

Adoption Date: 06/22/2009

GACE 

Assignment and Transfer 

The board reserves the right to assign, reassign, or transfer all employees, unless otherwise provided in the  negotiated agreement. 

The board may delegate its authority to assign, reassign, or transfer any or all employees to the superintendent.

Adoption Date: 06/22/2009, Revised: 07/08/2019

 

GAD 

Employee Development Opportunities 

Except as may be specified in the negotiated agreement concerning staff members covered thereby, all plans  for self-improvement involving expenditure of district funds or which require time away from the employee’s assigned responsibilities shall be approved in advance by the board. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/09/2018

 

GAE
Complaints

Any employee may file a complaint with their supervisor concerning a school rule, regulation, policy or decision that affects the employee. The complaint shall be in writing, filed as soon as possible after the conduct occurs but not later than ten (10) days following the conduct, and shall specify the basis of the complaint. The supervisor shall meet with the employee and provide a written response within ten (10) days. If the employee disagrees with the decision, the employee may appeal to the superintendent. The superintendent’s decision shall be final. Employees covered by the negotiated agreement shall follow procedures outlined in that document.

Approved: KASB Recommendation - 2/98; 4/07; 6/19; 12/24

 

GAF 

Staff-Student Relations  

Staff members shall maintain professional relationships with students which are conducive to an effective  educational environment. Staff members shall not have any interaction of a romantic and/or sexual nature with  any student at any time regardless of the student’s age or consent.

Policy References: GAAC and GAACA

Policy References: JGEC and JGECA

Policy Reference: KN

Adoption Date: 12/08/2003, Revised: 06/22/2009; 08/08/2016; 06/28/2021

 

GAG 

Conflict of Interest 

District employees are prohibited from engaging in any activity which may conflict with or detract from the  effective performance of their duties. No employee will attempt, during the school day or on school property,  to sell or endeavor to influence any student or school employee to buy any product, article, instrument, service,  or other items which may directly or indirectly benefit the school employee. No school employee will enter into  a contract for remuneration with the district other than a contract for employment unless the contract is  awarded on the basis of competitive bidding. 

Adoption Date: 06/06/2006, Revised; 06/22/2009: 07/08/2019

 

GAH 

Participation in Community Activities 

Prior permission must be obtained from the superintendent for participation in any non-school community activity which takes place during duty hours. 

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GAHA 
Employee Residence Status 

All staff members are encouraged to reside within the boundaries of the district.

Adoption Date: 06/22/2009

GAHB 

Political Activities 

Holding Public Office 

Staff members elected or appointed to a public office which restricts the employee’s ability to complete contractual obligations may be required to take unpaid leave for a period of time determined by the board or may be terminated. 

Staff members holding a public office, which in the judgment of the board is less than full-time, shall request unpaid leave from the superintendent at least one week in advance. 

An employee who must be absent from school to carry out the duties of a public office must take a leave of absence without pay for the duration of the public office. 

Political Activity in the Schools 

Staff members shall not use school time, school property, or school equipment for the purpose of furthering the interests of any political party, the campaign of any political candidate, or the advocacy of any political issue. 

For the purposes of this policy, “advocacy of any political issue” shall not be deemed to include providing information on educational matters to elected officials.  

Policy Reference: GBRK

Adoption Date: 06/06/2006, Revised: 06/22/2009; 08/10/2015; 07/08/2019

 

GAI 

Solicitations 

All solicitations of and by staff members during duty hours are prohibited without prior approval of the building principal, superintendent, or other designated supervisor. 

Policy Reference: KDC

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GAJ 

Gifts 

The giving of gifts between students and staff members is discouraged. 

Staff members are prohibited from accepting gifts of substantial value from vendors, salesmen or other such  representatives. Premiums resulting from sales projects sponsored by the school shall become the property of the school. 

Unless approved by the principal, staff members shall not give gifts to any student or class of students when the gifts arise out of a school situation, class or school-sponsored activity. 

Policy Reference: JL

Policy Reference: KH

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GAK  

Personnel Records  

Personnel files required by the district shall be confidential and in the custody of the records custodian and/or the superintendent. Employees have the right to inspect their files upon proper notice under the supervision  of an appropriate supervisor. All records and files maintained by the district should be screened periodically by  the custodian of records.  

All personnel files and evaluation documents, including those stored by electronic means, shall be adequately secured.  

Requests for References

Unless otherwise provided by law, a request by a third party for release of any personnel record shall require the written consent of the employee, and shall be submitted to the records custodian who shall respond to the request as the law allows.  

Upon receipt of a written request district officials may provide information regarding past and present employees to prospective employers in compliance with current law. Information that may be provided will include:  

• employment date(s);  
• job description and duties while in the district’s employ;  
• last salary or wage;  
• wage history;  
• whether the employee was voluntarily or involuntarily released from service and the reasons for the  separation;  
• written employee evaluations which were conducted prior to the employee's separation from the employer and to which an employee shall be given a copy upon request. 

Immunity Provided  

Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee shall be absolutely immune from civil liability for disclosure of the information noted earlier in this policy to which an employee may have  access.  

Prohibition on Aiding and Abetting Sexual Abuse  

Pursuant to the federal Every Student Succeeds Act, the board prohibits the board, individual board members, and any individual or entity who is a district employee, contractor, or agent from assisting a district employee,  contractor, or agent in obtaining a new job if the board, individual, or entity knows, or has probable cause to  believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or  student in violation of the law. For the purposes of this policy, it shall not be deemed assisting in obtaining a new job if the aforementioned individuals or entities participate in the routine transmission of administrative  and personnel files in accordance with law and this policy. 

Form: Request to Release Personnel Records  

To: (Executive Director of Human Resources)
From: (Employee or former employee)
I hereby request that my personnel records be copied and released to: 
(Name of Organization/Official to whom records are to be sent) 
Signed:  
Date:

By requesting this release of my personnel records, I understand the administration may release the following  information: 

• my employment date(s); 
• my job description and duties while in the district’s employ; 
• my last salary or wage; 
• my wage history; 
• whether I was voluntarily or involuntarily released from service and the reasons for the separation;
• written employee evaluations, which were conducted prior to my separation from USD 443. 

Policy Reference: CEI and CGI

Policy Reference: GACD, GBI and GCI

Adoption Date: 06/06/2006, Revised: 06/22/2009; 02/13/2017

 

GAL 

Salary Deductions (FLSA) 

The district shall comply with the salary basis requirements of the Fair Labor Standards Act (FLSA). The board prohibits all managers from making any improper deductions from the salaries of exempt employees.  Employees shall be made aware of this policy. 

If an employee believes that an improper deduction has been made to his or her salary, the employee should immediately report this information to his or her direct supervisor, or to the Executive Director of Business and Operations. 

Reports of improper deductions shall be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed for any improper deduction made. 

Policy Reference: GAOF

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GAM 

Personal Appearance 

Appropriate dress and personal appearance is essential for all district employees.

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GAN  
Travel Expenses  
The board shall provide reimbursement for expenses incurred in travel related to the duties of the district’s employees when approved in advance by the superintendent. Mode of travel will be based on, but not limited  to, the availability of transportation, distance and number of persons traveling together. Air travel will be reimbursed at the coach rate unless coach space is not available.

Requests for reimbursement shall have the following attached: receipts for transportation, parking, hotels or motels, meals and other expenses for which receipts are ordinarily available. For the authorized use of a personal car, including approved travel between buildings, staff members shall be reimbursed at a mileage rate established by the board.

Policy Reference: BBBF

Policy References: CG and CEF

Policy References: GBRC and GCA

Adoption Date: 06/06/2006, Revised: 06/22/2009

Dodge City Public Schools Conference/Travel Approval Guidelines  
(Board Policy GAN-Regulation)

Please observe the following guidelines for requesting approval for out-of-district travel so that plans are  made well in advance and travel experiences will be the most enjoyable. Conference requests should be initially submitted to the building administrator/supervisor. Once approved the request should be submitted to the appropriate district level administrator at least 30 days in advance of the travel to insure time for approval and the completion of registration, lodging reservations and transportation arrangements. Approval must be obtained prior to sending registration forms, booking hotels, and paying for airline tickets. 

• All hotel reservations will be made by the district business office  
• All airline tickets will be reserved by the district business office  
• Registrations are submitted by the requester or the district business office – see further details in the Registration section  

Failure to submit an accurate, complete, and timely Conference/Travel Request form may result in denial  of a request. If requests are denied or you later decide not to go, you will be expected to reimburse the district personally for any previously arranged expenses which cannot be refunded. An exception may be considered in the case of an unforeseen emergency over which you had no control. Original, itemized receipts are required for reimbursement except for meal per diem and or mileage.

Out of State Travel (Teachers and Support Staff): 
Conference attendance is of benefit to the individual and the district; therefore, teachers may select for attendance out of state travel. The conference should be tied to the requesting individual’s goals or school improvement plan. 

Individuals will be required to complete the “Out of State Professional Development Justification Form” and submit to their immediate supervisor to initiate the process outlined in this document.  

A rotation of attendees will be determined by administration. For example, a person is not eligible, unless approved by administration, to attend out of state in successive years. There will be administrative consideration in approving the number of person(s) representing their respective content area or grade level at a conference at one time.  

Out of state travel, as directed by specific grant or federal programming requirements, are exempt from the  number of participant criteria cited above.  

Conference Travel Request: 

• Planning. The individual making the request should complete all sections of the current online Conference/Travel Request form in Filemaker on your district computer. Indicate the appropriate budget code to which expenses will be charged. Clearly indicate the name of the conference and include names of attendees (legal names as listed on drivers’ licenses) and dates of attendance including any pre- conference sessions. Plans that include travel extensions for personal reasons must be made separately and paid by personal funds. Personal entertainment at conference locations are also the responsibility of each individual. If the travel arrangements include a group, please have a meeting with all group members to discuss plans before filling out the conference/travel request so that everyone knows the travel plans and so that the need to alter confirmed arrangements can be minimized or avoided altogether. Group members should individually request approval from their administrative supervisor and forward their request form to a person designated by the group (ie school/department secretary, grant supervisor) to collect all member travel requests to send to the next approval level in one organized packet for the group. See further details in the Approval section.  
• Lodging. Hotel or motel room rates, room and occupant information, reservation number and contact  information should be provided on the Conference/Travel Request form. All room reservations will  be made by the district business office. The business office will arrange for direct billing whenever possible. The district only pays the lodging establishment for room rate and other taxes. The  employee is responsible for providing the hotel/motel a personal credit card to cover incidental charges during their stay. Always provide receipts for lodging arrangements. Itemized hotel receipts  are required even if the room is prepaid.  
• Registration. Information must include a copy of the conference program or agenda that shows costs, session schedules, meal provisions, and any other pertinent information related to trip expense. Be sure to indicate who is responsible for sending the registration and how it is to be sent. If the registration has been faxed or sent by the requester, be sure to indicate manner of payment  expected. 
• Transportation. Use the current approved mileage rate for calculating vehicle charges for land transportation. Indicate the time and date you will depart from Dodge City and your expected date  and time of return. The vehicle and transportation tab should be completed on the Conference/Travel Request form for both the use of a district vehicle or a personal vehicle. If you are  requesting use of a district vehicle, the requestor will print off the Vehicle Request form and send it to the transportation department when travel is approved. When more than one employee is  traveling to the same event, the district will provide or reimburse mileage for only one type of vehicle  transportation (district vehicle or personal vehicle) unless one or more of the group members must  attend the conference a day earlier and or later than the rest of the group.  
  • Air travel costs must be documented regarding dates/time of travel, and ticket charges. Please obtain a printed cost estimate for airline and other transportation needs to submit with your conference request form to indicate dates, times, and anticipated expenses. Such estimates should be available either from local travel agencies or from internet travel sites that you may consult as you search for  best prices and arrangements. All airline tickets will be booked by the district business office. A copy of your driver license must be emailed to the district business office in order to purchase the airline tickets.  
  • If transportation between an airport and hotel is required, make an effort to use the most cost effective means. Round trip shuttle tickets are often the best value unless there is a group that can take advantage of shared rates in a taxi. Otherwise, taxi rates are generally the most expensive and  are to be avoided. All transportation expenses for personal business are the responsibility of the individual. Rental car charges will not be reimbursed unless advanced approval is obtained for  business purposes.  
• Meal Per Diem. Clearly indicate a realistic number of meals that are necessary each day by taking into account the times of your departure from and return to Dodge City and the number of meals  that are included in the registration fee. The district will not provide a per diem for meals that are included in the registration fee. Use the following guidelines in applying for meal allowances:  

Prior to:	Departure	Return
7 a.m.	3 Meals	0 Meals
11 a.m.	2 Meals	1 Meal
6 p.m.	1 Meal	2 Meals

	Breakfast	Lunch	Dinner	Maximum Per Diem
In-State/Out-of State	$14.00	$14.00	$25.00	$53.00 (or maximum for allowed meals if less than three)

Per Diem allowance shall not exceed the actual number of meals approved for a particular day (e.g.  A breakfast and lunch only: maximum $28.00). An evening meal may be included if a motel stay is required the night before an early morning airline reservation. If a district credit card is used to charge individual meals, reimbursement is expected for meals that exceed the respective Per Diem allowance. Itemized receipts must be provided for all district credit card charged meal expenses. 

Approval Process. When the request form is complete, route the form through all necessary budget  supervisors so that there is adequate time for it to arrive in the Business Office at least two weeks prior to the registration deadline. Please note directions for submitting a group packet explained in the Planning section. This is essential for your trip request to get the appropriate consideration and still allow for mail delays, employee vacations, or other difficulties. Failure to observe this guideline may result in denial of your request.

Expense Claims. Within five working days following your return from all trips, submit receipts and  reimbursement requests on an approved Expense Claim Form also found in Filemaker on your district  computer. Receipts are expected to validate all trip expenses for which the district is responsible including any amounts that were provided in advance of the trip. An Expense Claim Form is expected  upon return from your trip even if no money needs to be exchanged. Any money that was advanced  must be returned to the Business Office if appropriate receipts are not submitted to verify the expense. 

Beginning July 1, 2023, the BOE approved the procedural process of paying nine month certified and classified non-exempt employees for travel time incurred outside of the normal work day or contract period when that travel time is incurred due to a mandatory district-initiated request. Nine-month certified travel pay is based on the negotiated amount within the supplemental salary schedule, which is currently set at $18.75 per hour, and classified staff pay will be the employee’s current hourly rate  of pay and will allow for overtime as needed. If applicable, the employee will also receive compensation for the seat time incurred while completing the mandatory district-initiated training at the current negotiated rate, which is currently $18.75 per hour for nine-month certified staff, or the current hourly rate of the classified non-exempt employee. For non-exempt employees, overtime will need to be considered. This pay will not include down time or wait times. 

Regulation Adoption Date: 06/10/2019; Revised: 11/28/2022; 08/14/2023

 

GANA  

Expense Reimbursement and Credit Cards 

Non-administrative staff use of a district credit card, if authorized by the staff member’s immediate supervisor, shall be confined to necessary school business and shall be subject to any guidelines for such use established by the board or district administration. Unless otherwise specified in guidelines established pursuant to this policy, staff members shall retain any receipt(s) for district credit card expenditure(s) and shall provide them to the staff member’s immediate supervisor as soon as practicable following the expenditure.  

The superintendent may designate administrative and other staff members to whom a district credit card will be issued. The board shall annually prescribe limits and restrictions on the use of district credit cards and shall monitor monthly receipts and reimbursement expenses. In no case will credit card expenditures in excess of these limits be authorized for any administrative or non-administrative staff member without the prior approval of the superintendent. 

All rewards points or cash back payments earned using district credit cards are district property and shall be either applied to future district credit card purchases or remitted to the district treasurer for accounting and deposit. 

Accountings of district credit card use shall be provided to the board for review on a monthly basis, and a record of district credit card usage shall be maintained. Expenses for district travel in personal vehicles or extended travel incurred in the performance of official duties shall be reimbursed in accordance with the provisions of GAN. 

Policy Reference: CEF

Policy Reference: GAN

Adoption Date: 08/12/2013, Revised: 08/10/2015

 

GAO 

Maintaining Proper Control 

Each employee is responsible for maintaining proper control in the school. Unless otherwise specified in board policy, an employee may use reasonable force necessary to ward off an attack, to protect a student or another person, or to quell a disturbance that threatens physical injury to others. 

Policy Reference: GAAF

Policy Reference: JGFB

Adoption Date: 06/10/1996, Revised: 06/22/2009; 03/03/2014 

 

GAOA 

Drug-Free Workplace 

Maintaining a drug-free workplace is important in establishing an appropriate learning environment for the  students of the district. The unlawful manufacture, distribution, sale, dispensation, possession, or use of a  controlled substance is prohibited at school, on or in school district property; and at school sponsored activities,  programs, and events. Possession and/or use of a controlled substance by an employee for the purposes of this  policy shall only be permitted if such substance was obtained directly, or pursuant to a valid prescription or  order issued thereto, from a person licensed by the state to dispense, prescribe, or administer controlled  substances and any use is in accordance with label directions.  

As a condition of employment in the district, employees shall abide by the terms of this policy.  

Employees shall not unlawfully manufacture, distribute, dispense, possess, and/oruse controlled substances in  the workplace.  

Any employee who is convicted under a criminal drug statute for a violation occurring at the workplace must  notify the superintendent of the conviction within five days after the conviction. The superintendent shall then  ensure that notice of such conviction is given to any granting agency within 10 days of receiving notice thereof.  

Within 30 days after the notice of conviction is received, the school district will take appropriate action with the  employee. Such action may include, suspension, placement on probationary status, or other disciplinary action  including termination. Alternatively, or in addition to any action short of termination, the employee may be  required to participate satisfactorily in an approved drug abuse assistance or rehabilitation program as a  condition of continued employment. The employee shall bear the cost of participation in such program. Each  employee in the district shall be given a copy of this policy.  

This policy is intended to implement the requirements of the federal regulations promulgated under the Drug Free Workplace Act of 1988. It is not intended to supplant or otherwise diminish disciplinary actions which may  be taken under board policies or the negotiated agreement.  

Policy Reference: LDD  

Adoption Date: 06/06/2006, Revised: 07/09/2012; 06/22/2009; 03/03/2014; 06/26/2023

 

GAOB  

Drug-Free Schools 

The possession, use, sale, distribution, or being under the influence of controlled substances and/or alcohol by  school employees at school; on, in, or while utilizing school property; or at school sponsored activities,  programs or events is prohibited.  

Employee Conduct 

As a condition of continued employment in the district, all employees shall abide by the terms of this policy.  Employees shall not manufacture, distribute, dispense, possess, use, and/or be under the influence of illicit  drugs, controlled substances, and/or alcoholic beverages at school; on, in, or while utilizing school property; or at school sponsored activities, programs, or events.  

Possession, use, and/or being under the influence of a controlled substance by an employee for the purposes of this policy shall only be permitted if such substance was:  

• Obtained directly from, or pursuant to a valid prescription or order, issued to such employee from a person licensed by the state to dispense, prescribe, or administer controlled substances; and 
• Used, if at all, in accordance with label directions.  

Compliance with the terms of this policy is mandatory. Employees who are found violating the terms of this  policy may be reported to the appropriate law enforcement officers. Additionally, an employee who violates  the terms of this policy may be subject to any of the following sanctions:  

• Short term suspension with pay; 
• Short term suspension without pay; 
• Long term suspension without pay; 
• Required participation in a drug and alcohol education, treatment, counseling, or rehabilitation program; 
• Termination or nonrenewal of employment relationship. 

Prior to applying sanctions under this policy, employees will be afforded any due process rights to which they  are entitled under their contracts, or the provisions of Kansas law. Nothing in this policy is intended to diminish the right of the district to take any other disciplinary action. This policy is not intended to change any  right, duty or responsibilities in the current negotiated agreement. 

If it is agreed that an employee shall enter into and complete a drug education or rehabilitation program, the cost of such program will be borne by the employee. A list of area drug and alcohol counseling and  rehabilitation programs, along with names and addresses of contact persons for the programs, is on file with the board clerk. 

Employees are responsible for contacting the directors of the programs to determine the cost and length of the program, and for enrolling in the programs. If participation in such a program is required as a condition of continued employment, copies of any documentation related to enrollment in and attendance in such  program shall be made available to the board and/or administration upon request. 

A copy of this policy shall be provided to all employees. 

Policy Reference: JDDA

Policy Reference: LDD

Adoption Date: 06/13/1994, Revised: 07/09/2012; 06/22/2009; 03/03/2014 

 

GAOC 

Tobacco-Free School Grounds for Staff  

The use, possession, or promotion of any tobacco product by staff members is prohibited at all times in any  district facility; in school vehicles; at school-sponsored activities, programs, or events; and on school owned or  operated property.  

The following definitions apply to this policy. 

• “Tobacco product” means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, electronic nicotine delivery system (hereafter “ENDS”), cigarettes, cigars, pipe tobacco, chewing  tobacco, snuff, or snus.  
• Tobacco product also means any component or accessory used in the consumption of a tobacco product,  such as filters, rolling papers, pipes, charging devices, cartridges, and any substance used in ENDS, whether or not they contain nicotine. This definition does not include FDA-approved nicotine  replacement therapies including transdermal nicotine patches, nicotine gum, and nicotine lozenges  prescribed to the employee by a medical practitioner or obtained over the counter and used in  accordance with label requirements. 
• “Electronic nicotine delivery system” or “(ENDS)” means any device that delivers a vaporized solution  (including nicotine, THC, or any other substance) by means of cartridges or other chemical delivery systems. Such definition shall include, but may not be limited to, any electronic cigarette, vape pen,  hookah pen, cigar, cigarillo, pipe, or personal vaporizer. ENDS are not FDA-approved nicotine  replacement therapy devices. 
• “Promotion” includes, but is not limited to, product advertising via branded gear, bags, clothing, any  personal articles, signs, structures, vehicles, flyers, or any other materials. 

Policy Reference: JCDAA

Policy Reference: KMA

Adoption Date: 06/22/2009, Revised: 08/12/2013; 08/08/2016; 02/11/2019; 08/10/2020

©KASB. This material may be reproduced for use in USD 443. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB. 

 

GAOD 

Drug and Alcohol Testing 

All district employees performing job functions that require the employee to maintain a commercial driver’s license shall be tested for alcohol and drugs as required by current federal law. Board approved rules and regulations necessary to implement the testing program shall be on file with the clerk. 

Each new employee who is required to undergo alcohol and drug testing shall be given a copy of the appropriate district regulations. 

Each new employee shall be informed that compliance with the required elements of the testing program is a condition of employment as a driver in the district. All employees shall be informed of this policy on an annual  basis. 

Adoption Date: 06/22/2009

 

GAOE 

Workers Compensation 

The district will participate in workers compensation as required by current statute. The combined workers compensation benefits and salary received under allowed paid leave shall not exceed one full day's pay. 

All employees of the district shall be covered by workers compensation. Workers compensation coverage is provided for all employees regardless of assignment, length of assignment, and/or hours worked per day.  Benefits are for personal injury from accident or industrial diseases arising out of and in the course of  employment in the district. 

An injured employee must notify the designated employer’s workers compensation coordinator or, if the coordinator is unavailable, his or her supervisor, either orally or in writing within 30 days of the accidental injury or repetitive trauma in order to be eligible for benefits. If the individual no longer works for the district, the  former employee has 20 calendar days after the individual’s last day of employment with the district to report  an injury suffered during a work-related accident or repetitive trauma. 

The workers compensation plan will provide coverage for medical expenses and wages to the extent required  by statute to those employees who qualify; however, the amount of workers compensation benefits and paid leave benefits shall not exceed a regular daily rate of pay. An employee using paid leave in combination with  workers compensation will be charged for one full or partial day of paid leave, as provided for in the applicable leave policy or the negotiated agreement, for each day of absence until the employee’s paid leave is exhausted. 

Any employee who is off work and receiving workers compensation benefits shall be required to provide the designated workers compensation coordinator with a written doctor’s release before the employee is allowed  to return to work. In addition, should the employee be released to return to work by a doctor and fail to do so, all benefits under paid leave shall terminate, and those benefits under workers  compensation shall be restricted as provided by current statute. 

Whenever an employee is absent from work and is receiving workers compensation benefits due to a work related injury or is receiving district paid disability insurance, the employee may use available paid leave to supplement the workers compensation or district paid disability insurance payments. Workers compensation benefits and FMLA benefits provided in a board approved plan shall run concurrently if both are applicable.  

In no event shall the employee be entitled to a combination of workers compensation benefits, district paid disability insurance, and salary in excess of his/her full salary. Available paid leave may be used for this purpose until:  

• available paid leave benefits are exhausted;  
• the employee returns to work;  
• the employee is released by the medical provider and a position is offered by the employer, but the  employee declines to return to work; or  
• employment is terminated. Paid leave shall be calculated on a pro rata amount equal to the percentage  of salary paid by the district.  

Testing 

The board, through its designated workers compensation coordinator, may require employees who claim or are  involved in an accident in the course of employment to submit to a post-injury chemical test. This includes  instances where the district administration or workers compensation coordinator has actual knowledge of an accident whether the employee has or has not requested medical treatment. If an employee refuses to submit  to an employer requested post-injury chemical test, the employee forfeits all related workers compensation benefits as provided in K.S.A. 44-501(b)(1)(E). Testing and the procedures used therefore shall conform to all  relevant Kansas statutes. 

Choice of Physician 

The board shall have the right to choose a designated health care provider to provide medical assistance to any employee who suffers an injury while performing their job. However, if the injured employee chooses to go to a medical provider other than the designated provider, the recovery for such expenses shall be limited to $800.00. 

Policy Reference: KFD

Adoption Date: 06/22/2009, Revised: 04/13/2015; 08/10/2015; 07/08/2019; 09/09/2024

 

GAOF  

Salary Deductions 

Salary deductions shall be made if permitted by board policy, the negotiated agreement, or as required or  authorized by law. The district shall comply with the salary basis requirements of the Fair Labor Standards Act  (FLSA.) 

The superintendent shall develop forms to provide information needed to make approved salary deductions.  All requests for salary deductions shall be submitted to the superintendent during enrollment periods established by the board. 

Policy Reference: GAL

Adoption Date: 06/22/2009, Revised: 08/12/2013

 

GAR  

Communicable Diseases 

Whenever an employee has been diagnosed by a physician as having a communicable disease as defined in current regulation, the employee shall report the diagnosis and nature of the disease to the superintendent or  the superintendent’s designee so that a proper reporting may be made to the county or joint board of health as  required by current law.  

An employee afflicted with a communicable disease dangerous to the public health may be excluded from  district owned or operated property for the duration of the contagiousness in order to give maximum health protection to other school employees and to students.  

The employee shall be allowed to return to duty upon recovery from the illness, when the employee is no longer contagious as authorized by the employee's physician or local health officer, or after the expiration of any period of isolation or quarantine.  

The board reserves the right to require a written statement from the employee's physician or local health officer indicating that the employee is free from all symptoms of the communicable disease.  

If a school employee has been diagnosed as having a communicable disease and the superintendent has been  notified by the employee, the superintendent or the superintendent’s designee shall determine whether a release shall be obtained from the employee's physician or local health officer before the employee returns to duty.  

Decisions regarding the type of employment setting for an employee with a communicable disease shall be  made by the superintendent or the superintendent’s designee based upon consideration of the physical  condition of the employee and the following factors:  

• the nature of the risk; 
• the duration of the risk; 
• the severity of the risk; and 
• the probability that the disease will be transmitted or cause harm to the employee or to others who will share the same setting. 

No information regarding employees with communicable diseases shall be released by school personnel without  the employee's consent except as allowed by state or federal law.  

Additional Certifications of Health  

If at any time the board has reason to believe that an employee is suffering from an illness detrimental to the  health of pupils, the board reserves the right to require such employee to provide the board with a new certificate of health in order to protect the health, safety, and welfare of the school’s students. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 08/12/2013; 01/25/2021

©KASB. This material may be reproduced for use in the district. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or  transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB.  

 

GARA 

Bloodborne Pathogen Exposure Control Plan 

The board shall adopt an exposure control plan. 

The plan shall be accessible to all employees and shall be reviewed and updated at least annually. All staff shall receive the training and equipment necessary to implement the plan. 

Adoption Date: 06/22/2009, Revised: 04/13/2015 

 

GARI  

Family and Medical Leave (FMLA)  

District employees shall be provided family and medical leave as provided by a plan approved by the board. The  plan for providing leave under this policy shall be filed with the clerk of the board and made available to all staff  at the beginning of each school year.  

FAMILY AND MEDICAL LEAVE PLAN 

Family and medical leave (FMLA) as required by federal law shall be granted for a period of not more than 12  weeks during any 12-month period. For purposes of this policy, a 12-month period shall begin with a qualifying  event. 

Leave is available because of:  

• the birth of a son or daughter of the employee and to care for the son or daughter;  
• the placement of a son or daughter with the employee for adoption or foster care;  
• the need to care for a spouse, son, daughter or parent of the employee because of a serious health condition; or  
• a serious health condition of the employee that prevents the employee from performing the job functions.  

Leave for reason 1 or 2 must be taken within 12 months of birth or placement.  

The leave shall normally be unpaid leave. However, if the employee has any paid vacation, personal, sick or disability leave that is available for use because of the reason for the leave, the paid leave shall be used first and counted toward the annual family and medical leave. The superintendent will notify the employee of the beginning date of family and medical leave and the amount of the employee’s accrued paid leave designated as  family and medical leave.  

The employee is eligible for family and medical leave upon completion of 12 months of service in the district and employed at least 1250 hours during the preceding year.  

During the period of any unpaid family and medical leave, the board shall continue to pay the employer's share of the cost of group health benefits in the same manner as paid immediately prior to the leave. Any employee portion of the cost shall be paid by the employee to the clerk of the board on the payroll date or other time as the employee and superintendent may agree. The board may terminate group health coverage if the employee payment is not received within 30 days of the due date.  

When leave is foreseeable, the employee shall give written notice 30 days in advance. If leave is not foreseeable, notice will be given as soon as practicable.  

Upon the employee providing notice of need for leave, the employer will notify the employee of:  

• the reasons that leave will count as family and medical leave,  
• any requirements for medical certification,  
• employer requirement of substituting paid leave,  
• requirements for premium payments for health benefits and employee responsibility for repayment if employer pays employee share,  
• right to be restored to same or equivalent job,  
• any employer required fitness-for-duty certifications. 

Family leave (reasons 1 or 2) may not be used intermittently or on a part-time basis without the prior approval of the superintendent.  

In addition, USD 443 may periodically request recertification of eligibility during the FMLA leave.  

The superintendent may require an instructional employee to continue leave until the end of a semester if the leave begins more than five (5) weeks before the end of a semester, lasts more than three (3) weeks and the return would occur during the last three (3) weeks of the semester.  

If the leave is for a reason other than the employee's serious health conditions, the superintendent may require  an instructional employee to continue leave until the end of a semester, if:  

• the leave begins in the last five (5) weeks of a semester, will last more than two (2) weeks and the return  to work would occur in the last two (2) weeks of a semester, or  
• the leave begins in the last three (3) weeks of a semester, and lasts more than five (5) days.  

Adoption Date: 06/06/2006, Revised: 06/22/2009; 06/24/2019

 

GARIA 

Pregnant and Parenting Employees  

The board prohibits discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions. Pregnant and nursing employees will be provided accommodations as required by law. 

Reasonable Accommodations for Pregnancy-Related Limitations 

The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations to qualified applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions. An accommodation is not reasonable if it would impose an undue hardship on the operation of the school system. No adverse action will be taken against an applicant or employee for requesting or using a  reasonable accommodation. 

Break Time to Express Milk 

Qualified employees will be provided reasonable break times to express breast milk each time the employee has need to express milk. The principal or the site supervisor will designate a place, other than a bathroom, that the employee may use to express milk. Any designated place must be functional as a space for expressing milk, shielded from view, and free from intrusion from others. 

Policy References: GAAA and GAAB

Adoption Date: 02/12/2024

 

GARID 

Uniformed Service Leave 

Employees are entitled to leave under the Uniformed Services Employment and Reemployment Rights Act of  1994. The Act applies to uniformed service that began on or after December 12, 1994, or uniformed service  that began before December 12, 1994, if the employee was a reservist or National Guard member who provided notice to the employer before leaving work. The Act only applies to commissioned officer corps of the National  Oceanic and Atmospheric Administration whose service began on or after December 23, 2020, or were actively engaged in service on December 23, 2020. 

Reemployment rights extend to persons who have been absent from work because of “service in the uniformed services.” Service in the uniformed services means the performance of a duty on a voluntary or involuntary basis in a uniformed service as outlined below. 

• TYPE OF UNIFORM SERVICE
  • United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty
• TYPE OF UNIFORM SERVICE
  • Reserves of the United States Army, Navy,  Marine Corps, Air Force, Space Force, and Coast Guard
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, performing funeral honors duty
• TYPE OF UNIFORM SERVICE
  • Army National Guard or Air National Guard
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, state active duty for a period of 14 days or more, state active duty in response to a national emergency or major disaster declared by the President, state active duty in response to a major disaster, absence from work for an examination to determine a person’s fitness for any of the above types of duty, performing  funeral honors duty
• TYPE OF UNIFORM SERVICE
  • Commissioned Corps of the Public Health Service
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the  person to perform any such duty
• TYPE OF UNIFORM SERVICE
  • Commissioned Officer Corps of the National Oceanic and Atmospheric Administration
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a person is absent from a  position of employment for the purpose of an  examination to determine the fitness of the  person to perform any such duty
• TYPE OF UNIFORM SERVICE
  • System Members of the National Urban Search and Rescue Response System
    • TYPE OF DUTY
      • Participation of the System member in exercises, pre-incident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator
• TYPE OF UNIFORM SERVICE
  • Intermittent Personnel Appointed to the Federal Emergency Management Agency
    • TYPE OF DUTY
      • Service to the Federal Emergency Management Agency or to train for such service
• TYPE OF UNIFORM SERVICE
  • Any Other Category of Persons Designated by the President in a Time of War or National Emergency
    • TYPE OF DUTY
      • Active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a person is absent from a position of employment for the purpose of an  examination to determine the fitness of the  person to perform any such duty

 

The employee may be absent for up to five (5) years for uniformed service and retain reemployment rights. There are, however, exceptions which can exceed the five (5) year limit. Reemployment protection does not depend on the timing, frequency, duration, or nature of an individual’s service. The law enhances protections for disabled veterans including a requirement to provide reasonable accommodations and up to two (2) years to return to work if convalescing from injuries received during service or training.

The returning employee is entitled to be reemployed in the job that they would have attained had they not been  absent for uniformed service, with the same seniority, status and pay, as well as other rights and benefits determined by law. If necessary, the employer must provide training or retraining that enables the employee  to refresh or upgrade their skills so they can qualify for reemployment. While the individual is performing  uniformed service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non seniority rights accorded other individuals on non-USERRA leaves of absence. Individuals performing uniformed  service of more than 30 days may elect to continue employer sponsored health care for up to 24 months at a cost of up to 102 percent of the full premium. For uniformed service of less than 31 days, health care coverage is provided as if the individual had never left. All pensions which are a reward for length of service are protected.

An individual must provide advance written or verbal notice to their employer for any uniformed service. Notice  may be provided by the employee or by the branch of the uniformed service in which the individual will be serving. 

Notice is not required if uniformed service necessity prevents the giving of notice; or if the giving of notice is otherwise impossible or unreasonable. Accrued vacation or annual leave may be used, but is not required, while performing uniformed service. The  individual’s timeframe for returning to work is based upon the time spent in uniformed service.

• TIME SPENT IN UNIFORMED SERVICE
  • Less than 31 days: 
    • RETURN TO WORK OR APPLICATION FOR REEMPLOYMENT
      • Must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight (8) hour rest period.
• TIME SPENT IN UNIFORMED SERVICE
  • More than 30 but less than 181 days:
    • RETURN TO WORK OR APPLICATION FOR REEMPLOYMENT
      • Must submit an application for reemployment within 14 days of release from service.
• TIME SPENT IN UNIFORMED SERVICE
  • More than 180 days: 
    • RETURN TO WORK OR APPLICATION FOR REEMPLOYMENT
      • Must submit an application for reemployment within 90 days of release from service.

The individual’s separation from service must be under honorable conditions in order for the person to be  entitled to reemployment rights. Documentation showing eligibility for reemployment can be required. The  employer has the right to request that an individual who is absent for a period of service of 31 days or more  provide documentation showing: 

• The application for reemployment is timely; 
• the five-year service limitation has not been exceeded; and 
• separation from service was under honorable conditions. 

If documentation is not readily available or does not exist, the individual must be reemployed. However, if after reemploying the individual, documentation becomes available that shows one or more reemployment  requirements were not met, the employer may terminate the individual, effective immediately. The  termination does not operate retroactively. 

Questions regarding uniformed service leave should be directed to Veterans’ Employment and Training Service,  U.S. Department of Labor. 

Kansas law also requires reemployment if an individual is called to active duty by the state. 

Adoption Date: 02/09/1998; Revised: 06/22/2009; 06/26/2023; 02/12/2024 

 

GAT 

Staff Use of Communication Devices 

The board encourages district employees to use technology, including communication devices, to improve efficiency and safety. The district expects all employees to use communication devices in a responsible manner that does not interfere with the employee's job duties. Employees who violate district policies and procedures governing the use of communication devices may be disciplined, up to and including termination, and may be prohibited from possessing or using communication devices while at work. Communication  devices may not be used in any manner that would violate the district's policy on student-staff relations. 

Definitions 

“Communication device” is defined to include all portable devices that send or receive calls or text messages,  allow the retrieval of email, or provide access to the Internet. Communication devices shall include, but may not be limited to cell phones, smart phones, iPads, and tablet computers.  

“Use/Using” for the purposes of this policy mean answering or talking on the phone; sending or responding to  a text, e-mail, or other communication; opening and viewing pictures or digital recordings; opening and  listening to music or audio communications; accessing social media websites; playing games on such device;  continuously checking a communication device; or any activity with a communication device that interferes with the employee’s job duties or appropriate supervision of students. 

General Use 

The district prohibits employees from using any communication device that interrupts or disrupts the performance of duties by the employee or otherwise interferes with district operations, as determined by the  employee's supervisor. This prohibition applies regardless of whether the communication device used is  owned by the employee or provided by the district. Employees are responsible for keeping communication  devices secure and, if possible, password protected. 

Supervision of students and the provision of academic instruction are priorities in the district, and employees who are responsible for supervising and/or providing academic instruction to students must concentrate on  these tasks at all times. Employees shall not use communication devices when they are responsible for  supervising students or when their doing so interrupts or interferes with classroom instruction unless any of  the following conditions occurs: 

• The device is being used to instruct the students being supervised at the time;  
• The use is necessary to the performance of an employment-related duty;  
• The employee has received specific and direct permission from a supervisor to do so; or  
• There is an emergency. 

Even when these conditions exist, the employee is responsible for obtaining assistance in adequately supervising students during the approved use so that students are supervised at all times. 

Use in Vehicles 

Regardless of other provisions of this policy, unless there is an emergency, employees shall not use communication devices when: 

• Driving district-provided vehicles;  
• Operating a vehicle in which a student is being transported when the transportation is provided as part  of the employee's job; or 
• Supervising students who are entering or exiting a vehicle, crossing thoroughfares, or are otherwise  attempting to safely reach their destinations. 

Even in emergency situations, employees should first take all possible safety precautions before using  communication devices. Employees are subject to local, state, and federal laws governing use of cell phones  while driving and will be solely responsible for all traffic violation liabilities resulting from their use of a phone  while driving. 

Use of District-Provided Communication Devices 

The district may provide communication devices and service to some employees to assist them in carrying out  their employment-related duties on and off district property. Use of a district-provided communication device  is a privilege. The superintendent or designee has sole discretion as to which employees will be provided communication devices and may recall any previously issued communication device. Employees do not have  any expectation of privacy in district-provided communication devices or any information stored on them, and  such devices may be confiscated and searched at any time. 

Employees are expected to exercise reasonable care to protect district-provided communication devices from damage or theft and must report any such incidents immediately. The district may require employees to reimburse the district for any damage or theft that was the result of the employee’s negligence. Users of district-provided communication devices must abide by any use limitations included in the district's service  contract. 

Personal Use of District-Provided Communication Devices 

Personal use of district-provided communication devices is permissible as long as the use does not exceed the limits of the applicable plan. An employee whose use exceeds plan limitations will be required to reimburse  the district for all expenses beyond those covered by the plan and may have privileges suspended or revoked  unless the employee can show that all use was for employment-related duties and the device was not used for  personal reasons. The amount of personal use of a communication device or service paid for under E-Rate can  be no greater than the cost allocation submitted in the request for the E-Rate discount.  

Staff Bring Your Own Device Policy 

Use of employees’ personal communication devices during work hours shall be restricted to classroom or work-related activities. Such personal communication devices may only be used by the staff member and are  not for student use. The security of personal communication devices is solely the responsibility of the staff member. Any loss resulting from damage or theft of personal communication devices in the school setting is  not the responsibility of the district. 

Policy References: IIBG and IIBGC

Adoption Date: 08/11/2014, Revised: 04/13/2015 

 

GBH 

Supervision 

The superintendent and other administrators designated by the superintendent have the right to supervise licensed staff. The responsibility for the immediate supervision of licensed staff rests with each building principal. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/08/2019

 

GBI 

Evaluation 

The board shall adopt an approved evaluation instrument. The instrument shall govern evaluation of teachers, shall be filed with the clerk and may be published in teacher handbooks. 

Availability of Evaluation Documents 

Completed evaluation documents shall be available to the employee, the superintendent, administrators under whose supervision the teacher works, and others authorized by law. 

Evaluation Criteria 

Evaluation criteria shall be established by the superintendent and approved by the board.

Policy Reference: GAK  

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GBK 

Suspension 

The superintendent shall have the authority to suspend certified employees with pay until the suspension is  resolved by board action. 

The superintendent may suspend certified employees with pay for any reason, including one or more of the  following: alleged violation of board policy, rule or regulation; refusal or failure to follow a reasonable  directive of an administrator; the filing of a complaint against the employee with any civil or criminal authority; the alleged commission of an offense involving moral turpitude; or other good cause. 

If a suspension is imposed on an employee pending dismissal, the employee is entitled to pay until the employee has a hearing before the board. The hearing shall determine whether further suspension shall be  with or without pay. 

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GBN 

Nonrenewal and Termination 

Nonrenewal or termination shall be in accordance with Kansas law and the negotiated agreement, as applicable.

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/08/2019

 

GBO 

Resignation 

The board shall consider any licensed employee’s resignation which is submitted to the board in writing. The board may accept resignations from employees under contract when the resignation will be in the best interests of the district and when such resignations are accompanied by full payment for any applicable liquidated damages due to the board for release from contract pursuant to the negotiated agreement.  

If the licensed employee terminates employment in the district without complying with board policy and the  negotiated agreement on liquidated damages, the board may petition the State Board of Education to have the  teacher’s license suspended. 

Exit Interviews 

Exit interviews may be conducted after an employee resigns. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/09/2018

 

GBQA 

Reduction of Teaching Staff 

Adoption NOT recommended by USD 443 legal counsel since the Negotiated Agreement addresses this issue.

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GBR 

Work Schedule 

Licensed personnel must be at their assigned area during each duty day. Any teacher who finds it necessary to leave while supervising students shall first secure approval from the principal or supervisor. Building, playground, and other extra duty assignments shall be made by the principal. 

Work Schedules 

The minimum length of the school day for licensed and professional staff shall be defined in the negotiated agreement.  

Attendance Required 

Regular attendance is required of all employees subject to leave provisions in district policy or the negotiated agreement, as appropriate. Excessive absences or tardiness, unauthorized leave or unexcused absences may result in disciplinary action including termination of employment. 

Policy Reference: JGFB

Adoption Date: 06/22/2009

 

GBRC 

Professional Development 

There shall be a program of professional development for employees, which meets minimum statutory and State Board of Education requirements.  

All appropriate employees shall attend professional development sessions unless excused by the superintendent. Professional development programs may use all or a portion of the workday. 

The staff development program shall promote: 

• continuous professional development; 
• improving academic achievement for all students;  
• diversification in academic foundations or subject knowledge; and 
• improved job effectiveness and enhanced skills.  

The superintendent shall consult with the staff about professional development activities.

Policy References: GAN and GBRH

Adoption Date: 06/22/2009

 

GBRD 

Staff Meetings 

Staff meetings for licensed personnel shall be called by the administration.

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/08/2019

GBRE 

Additional Duty 

The board may establish other educational assignments that may extend beyond the school day or time class is in session. Compensation for such assignments, if any, will be as specified in the negotiated agreement. 

Adoption Date: 06/22/2009, Revised: 08/08/2016

 

GBRF 

Student and Parent Conferences 

Teachers shall be available for student and/or parent conferences at mutually convenient times. The principal may schedule individual or building-wide parent-teacher conferences as necessary. 

Adoption Date: 03/08/2016

 

GBRG  

Non-School Employment 

The board reserves the right of exclusive access to the professional services of licensed employees in accordance with the terms of the contract. 

Licensed employees shall not engage in outside employment which interferes with their duties.

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GBRGA 

Consulting 

Licensed employees may request to be excused from regular duty by the board to serve as paid or unpaid consultants to other districts, government agencies or private industry. If the employee takes non-chargeable  temporary leave to perform consulting services, any fee and/or honorarium paid to the employee shall be  returned to the district. 

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GBRGB 

Tutoring for Pay 

Teachers shall not receive pay for tutoring or private instruction at school unless approved in advance by the board. 

Adoption Date: 06/22/2009

 

GBRH 

Leaves and Absences 

Licensed employees will be provided with paid and unpaid leave in accordance with applicable law and the  negotiated agreement. The board reserves the right to grant additional leave. 

Policy Reference: GBRC

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/08/2019

 

GBRI 

Nonchargeable Temporary Leave 

Certified employees may be granted non-chargeable leaves and absences in accordance with the Negotiated Agreement. 

If a funeral of a member of a school staff should occur while school is in session, school may be dismissed up to one day to allow the building staff to attend the funeral. In the event school is out, all employees of that building will be dismissed. Arrangements for any dismissal will be made by the principal and receive approval  of the superintendent. If in the event that the dismissal should cause the school to fall below the minimum  hours required by the state, the time shall be made up at a time and date recommended by the principal and  approved by the superintendent. 

Adoption Date: 12/13/1993, Revised: 06/22/2009 

 

GBRIBA 

Disability Leave 

The board may grant leave of absence for disability with or without pay.

Adoption Date: 06/22/2009

 

GBRJ 

Substitute Teaching 

Qualified substitute teachers shall be secured for the district. 

The superintendent or the superintendent’s designee may meet with potential substitutes before the start of each school year. 

The principals shall compile a list of available substitute teachers, and each principal shall have a current list. 

Principals or other designated employees shall be responsible for obtaining substitute teachers from the list and employing them as needed. 

The board shall establish the rate of pay for substitute teachers annually. 

Candidates will be given information regarding expectations in performance of their job duties. 

Substitutes are encouraged to prepare, in advance, for the subjects in which they are most likely to substitute in case lesson plans are not available. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 07/11/2022

 

GBRK 

Ownership of Employee-Produced Material 

The district may have legal claim on all products or materials created by its employees, which in any way may be an outgrowth of their job responsibility. In order to minimize misunderstanding about the ownership of  employee-produced materials, the following procedures are to be observed by all persons who are, or might be, associated with creating materials in the course of their normal job duties. 

Ownership of Employee Produced Materials 
Materials or devices created as part of any officially assigned district responsibility or classroom activity undertaken on school time, or during time for which the employee is compensated by the board, shall be the  property of the board. The board may patent or copyright all such materials or devices in its own name;  however, such items shall bear the name(s) of the creator(s). All royalties and other proceeds from the production, sale or distribution of the materials or devices shall be paid to the district. 

Instructional Projects 
All instructional projects and possible change-orders are to be submitted to the superintendent to be subject  to approval after he/she confers with the person in charge of computer operations. If additional costs are necessary for the development of the project, the superintendent may wish to seek board approval. 

Budget Control 
All purchase orders and billings shall be approved by the superintendent and submitted to the board clerk. 

Federal Programs 
Ownership of materials produced by an employee in a federal program during hours for which the employee as paid by federal funds and/or in which the use of federally funded supplies or equipment played a  substantial role lies in the public domain. 

Materials Produced on Employee Time 
The employee has all rights to ownership of materials produced on the employee’s own time without any compensation by the board or substantial involvement of district equipment and supplies. The school district may enter into an agreement with an employee regarding rights of use and ownership of instructional materials. 

Ownership Agreement 
An Ownership Agreement shall settle all issues regarding the rights of ownership on all products or materials  created by school district employees. If the employee does not initiate and enter into such an agreement  within one year of the completion of the materials or devices, the rights of ownership shall belong to the  board. Any such agreement shall be approved by the board and recorded with the clerk of the board.  

Procedures to be followed include: 

• The employee producer shall complete the original with two copies for each claim. 
• The original and two copies shall be referred to the superintendent for review; 
• If approved, it shall be recommended to the board for final approval; if denied, the reason shall be  prepared in writing and forwarded to the employee; and  
• The original copy of the final agreement shall be forwarded for filing with the clerk of the board, and  copies shall be provided to the superintendent and employee.
• The agreement shall provide a specific description of all materials covered by the agreement, shall be  valid to the extent that any employee can legally enter such an agreement and may include statements  to the effect: 
  • That the material was produced by the employee on personal time during which the employee  was not compensated by district funds, or by state or federal funds administered by the board,  and without substantial involvement of district equipment and supplies. 
  • That the employee is the sole or partial owner of certain specific materials and may alter such  materials as he/she chooses; 
  • That the board shall have use of such materials without charge, may alter such materials as it  chooses, and may prepare at its own expense such materials for use in district classes; 
  • That the board shall not distribute such material to persons outside the district without the  written consent of the employee, except for free distribution without reproduction rights to  other Kansas school districts; 
  • That the employee may copyright or patent the material as he/she chooses; and  
  • That the employee may distribute and/or sell the material as he/she chooses. 

Adoption Date: 06/22/2009

 

GBU  

Ethics  

An educator in the performance of assigned duties shall:  

• meet and continuously maintain applicable certification or licensure requirements, as defined by state and/or federal law, for position held;  
• actively support and pursue the district’s educational mission;  
• recognize the basic dignity of all individuals;  
• maintain professional integrity;  
• avoid accepting anything of substantial value offered by another which is known to be or which may appear to influence judgment or the performance of duties;  
• accurately represent professional qualifications; and  
• be responsible to present any subject matter in a fair and accurate manner.  

Policy Reference: IA and IKB

Adoption Date: 06/06/2006, Revised: 06/22/2009; 02/13/2017

 

GCA 

Compensation and Work Assignments 

Classified employees shall be paid according to pay rates established by the board. Payment shall be made at  the established pay date following the end of each pay period. 

Work Assignments 

Subject to board approval, the superintendent shall develop time schedules for all classified employees. Work  assignments for classified employees shall be made by the superintendent. 

Attendance Required 

Regular attendance is required of all employees subject to leave provisions in district policy, employee  handbooks or other documents approved by the board. Excessive absences or tardiness, unauthorized leave  or unexcused absences may result in disciplinary action including termination of employment. 

Workweek 

For the purposes of Fair Labor Standards Act (FLSA) compliance, the workweek will be 12:00 a.m. Sunday until  11:59 p.m. Saturday. 

Classification of Employees 

For purposes of compliance with the Fair Labor Standards Act (FLSA), the superintendent shall ensure that all  job positions are classified as exempt or nonexempt and that employees are made aware of such  classifications. 

Overtime 

No non-exempt employee shall work more than 40 hours per week without the prior written permission of the  appropriate supervisor. Principals and supervisors shall monitor employees’ work to ensure that the overtime  provisions of this policy and the Fair Labor Standards Act are followed. All employees shall be compensated for  overtime worked, at a rate of one and a half times their normal rate of pay for any hours worked over 40 in a  workweek. 

Nonexempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time  worked up to 40 hours. Overtime pay will be provided only if an employee works more than 40 hours in a  workweek. 

Compensation for Out-of-Town/Overnight Trips 

When classified personnel are required to be out of town on district business, they shall be compensated in  the following manner: 

• Regular or overtime pay (or compensatory time) as appropriate for time away from (name of town), less  
• Eight hours for sleep when overnight, 
• Reasonable time for meals (normally one hour per meal), and 
• Time used exclusively for pleasure or personal business. 

Policy Reference: GAN

Adoption Date: 06/22/2009

 

GCB 

Positions 

The board authorizes the superintendent or the superintendent’s designee to hire classified employees as the needs of the district dictate.  

Adoption Date: 06/06/2006, Revised: 06/22/2009

 

GCI 

Classified Employee Evaluation 

All classified employees shall be evaluated twice during their first year of employment and at least once a year during subsequent years. Evaluation documents will be on file with the clerk of the board. 

Classified employees shall be evaluated by the supervisor to whom they are assigned. Classified employees shall be evaluated on their personal qualities, their commitment to duty and work skills related to their job description. A copy of the completed evaluation will be given to the employee after it is signed by the employee and the evaluator and will be placed in the employee’s personnel file. 

Policy Reference: GAK  

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GCIA 

Evaluation of Coaches and Sponsors 

All employees contracted to coach or sponsor a KSHSAA sponsored activity shall be evaluated annually.  Evaluation documents will be on file with the clerk of the board. 

Coaches and sponsors shall be evaluated by the supervisor to whom they are assigned. Evaluations shall be based on the employee’s personal qualities, their commitment to duty, their work skills, and other appropriate issues related to the activity sponsor/coach job description. A copy of the completed evaluation shall be given to the employee after it is signed by the employee and the evaluator and will be placed in the employee's  personnel file. 

Adoption Date: 06/22/2009, Revised: 07/11/2022; 10/24/2022

 

GCK 

Suspension 

The superintendent shall have the authority to suspend classified employees with pay until the suspension is  resolved by board action. 

Adoption Date: 06/06/2006, Revised: 06/22/2009 

 

GCRF 

Non-School Employment 

Classified employees shall not be excused during their regularly scheduled duty day to perform outside employment unless, upon receipt of the employee’s leave request, the supervisor determines: 

• The requesting employee has adequate leave time available;  
• The requesting employee’s absence will not interfere with regular work operations; and 
• The leave is approved prior to the requested leave being taken.  

The supervisor may approve leave without pay for extraordinary circumstances. 

Except as otherwise specified above, classified employees shall not engage in outside employment which interferes with their job duties or responsibilities. 

Adoption Date: 06/06/2006, Revised: 06/22/2009; 01/09/2023

 

GCRG

Leaves

Paid Leave

Full-time employees will be credited with paid leave in accordance with handbook language approved by the Board.

Unpaid Leave

The board may grant a period of unpaid leave as determined by the board. The period of leave and reason for unpaid leave shall be determined by the board unless otherwise prescribed by law. The board shall not be required to pay any salary or benefits during periods of unpaid leave except as may be required by law.

Jury Leave

Any employee called to jury duty will be granted paid leave and such leave will not be deducted from the employee’s credited paid leave.

Policy Reference: GBRH

Adoption Date: 12/13/1993, Revised: 5/11/1998; 06/22/2009; 07/11/2022

 

GCRH 

Vacations 

Full-time classified employees may be granted a paid vacation each year. (See also: Classified Staff Handbook)

Adoption Date: 06/06/2006, Revised: 06/22/2009