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Belle Fourche School District
Personnel Policy and Procedures Manual
Belle Fourche School District 9-1
Belle Fourche, South Dakota
 

Table of Contents

A Welcome to Our New Employees
District Mission/Philosophy
Notice to All Employees

Policy 1 - Purpose and Use
1.0 Purpose of Policies and Procedures
1.1 Administration
1.2 Applications
1.3 Revision
1.4 Disclaimer
1.5 Distribution of District Policies

Policy 2 - Equal Employment Opportunity
2.0 Equal Employment Opportunity
2.1 Nondiscrimination

2.2 Complaint Procedure – Harassment/Discrimination/Title IX
2.3 Americans with Disabilities Act
2.4 Title IX

2.5 Sexual Harassment/Harassment
2.6 Employment Eligibility
Policy 3 - Employee Conduct
3.0 Workplace Violence

3.1 Drug and Alcohol Policy
3.2 Outside Employment
3.3 Seat Belt Policy
3.4 Smoking Policy
3.5 Inclement Weather Policy
3.6 Conflict of Interest
3.7 Confidentiality
3.8 Absenteeism and Tardiness
3.9 Dress Code
3.10 Email and Internet Policy
3.11 Telephone Usage
3.12 Computer Use
3.13 Political Activity
3.14 Code of Ethics
3.15 Chain of Command and Communication
3.16 Reporting Child Abuse
Policy 4 - Employee Classifications and Status Changes
4.0 General

4.1 Employee Classifications
4.2 Nonexempt and Exempt Status
4.3 Training Period

Policy 5 - Recruitment and Selection
5.0 General Policy
5.1 Job Announcement
5.2 Applications for Employment
5.3 Eligibility
5.4 Qualifications
5.5 Disqualification
5.6 Employment References
5.7 Selection
5.8 Employment Offers
5.9 Reference and Background Checks
5.10 Acceptance of Employment
5.11 Creating New Positions
5.12 Promotion

Policy 6 - Personnel Records
6.0 Personnel Records
6.1 Confidentiality of Information
6.2 Employees' Access Rights to Personnel File Information
6.3 Accuracy of Employee Information

Policy 7 - Hours of Work and Compensation
7.0 General Policy
7.1 Standard Workweek
7.2 Standard Workday
7.3 Break Periods
7.4 Pay Period and Pay Day
7.5 Time Sheets
7.6 Payroll Deductions
7.7 Wages and Job Descriptions
7.8 Overtime
7.9 Compensatory Time
7.10 Flextime
7.11 Class 2 Schedules
7.12 Expense Reimbursement
7.13 Substitute Pay
Policy 8 - Benefits
8.0 Insurance, Retirement and Workers’ Compensation
8.1 Vacation
8.2 Sick Leave
8.3 Family Medical Leave
8.4 Sick Leave Bank
8.5 Maternity Leave
8.6 Personal Leave for Class 3
8.7 Leave of Absence without Pay
8.8 Personal Leave for Class 1 and Class 2
8.9 Extended Leave of Absence/Sabbatical
8.10 Leave with Deductions of Pay
8.11 Jury and Witness Duty
8.12 Voting Time
8.13 Military Reserve Training
8.14 Funeral Leave
8.15 Holidays
8.16 Civic and Charitable Duties

Policy 9 - Performance Evaluations
9.0 General
9.1 Class 1 Evaluations
9.2 Class 2  Evaluations
9.3 Class 3 Evaluations
9.4 Evaluation Guidelines (Nepotism)
9.5 Disciplinary Responsibility

Policy 10 - Communicable Diseases
10.0 General Policy
10.1 Students/Employees Infected
10.2 Blood Borne Pathogens

Policy 11 - Separation from Service
11.0 General Procedures
11.1 Definitions
11.2 Return of District Property
11.3 Voluntary Separation
11.4 Involuntary Separation
11.5 Break In Service-Contracted Employees
Belle Fourche School District Harassment/Discrimination Complaint Form

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A Welcome to Our New Employees 

It is with pleasure that we welcome you to the staff of Belle Fourche School District 9-1. Your appointment to your new position with us is one of which you can be proud.

To our patrons and others in the community with whom you will have contact as an employee, YOU are the Belle Fourche School District. The extent to which the District is considered friendly, knowledgeable, efficient, reliable, and trustworthy will be measured by how others see these qualities in you. We hope that you will use your talents in a way that stimulates public relations. If, during the course of your employment, you find ways to improve the District's operations or services, or to save the District unnecessary expenses, the District welcomes your ideas.

The Personnel Policy and Procedures Manual that follows has been prepared to guide you in better understanding our policies, procedures, and practices concerning employment matters. Also, these policies are to ensure fair and consistent administration for the benefit of all employees. You should familiarize yourself with its contents at your earliest opportunity and keep it handy as a periodic reference source. As changes are made to this manual, we will ensure that you get replacement pages so that your copy always remains current.

As you start employment with Belle Fourche School District, you will find that your associates are ready to assist you. You will receive on-the-job guidance to acquaint you with your new duties and responsibilities.

Again, welcome to our team of hard-working and talented staff, and please accept our wishes for success in your new position.

Sincerely,
Superintendent

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MISSION STATEMENT

We, the members of the Belle Fourche Community, are committed to building a learning community and ensuring all learners equal opportunity for an excellent education program that results in learners who are responsible and accountable, who value lifelong learning and know how to learn; and who are capable of succeeding in a changing society.

PHILOSOPHY

The School Board of the Belle Fourche Public Schools subscribes to the thesis that our educational aspirations for our young have made us free, and it is the intention of the Board to help perpetuate that freedom by providing the best education possible for our children within monetary resources available to the District.

Our purpose is to develop individuals with adequate academic preparation as well as the desirable moral, ethical and spiritual beliefs to assume a role in shaping the future of our nation.

It is understood that though all children will not learn all things equally well, all should have an equal opportunity in the pursuit of educational qualifications for the world ahead, and the School Board will attempt to balance its program to provide for the varied interests of the pupils of the schools. In attempts at balance, school officials must keep in mind quality programs deserve as much consideration as quantity. The Board accepts the premise that the center of the school curriculum is the child and that the instructional program should be tailored to fit a child-development pattern of education.

The Board of Education accepts the conclusion that the education of children is a comprehensive program which must be undertaken in cooperation with other institutions of our society. We will seek to establish and maintain strong ties with parents and community programs.

WE BELIEVE

Accountability for student success is the shared responsibility of students, teachers, administrators, School Board members, parents and the community and is measured by identified outcomes.

REF.: Policy IB

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Notice to All Employees

The purpose of this Personnel Policy and Procedures Manual is to provide Belle Fourche School District employees with a common reference to the basic information that governs an individual’s employment with the District.

The authority to enforce the provisions set forth in this manual rests with Superintendent. Supervisors are encouraged to adopt and enforce such policies and procedures as are unique to a specific department but which are not inconsistent or in conflict with the policies and procedures adopted by the School Board.

This manual neither implies nor establishes a contract between Belle Fourche School District and the employee. The contents of this Personnel Policy and Procedures Manual summarize current District policies and programs and are intended as guidelines only. Belle Fourche School District retains the right to change, modify, suspend, interpret, or cancel in whole or in part any of the published or unpublished personnel policies or practices of the District, without advance notice, without having to give cause or justification to any employee. Recognition of these rights and prerogatives is a term and condition of employment and continued employment. As such, the contents of this manual do not constitute the terms of an employment contract. Employment of personnel not governed by a union contract or employment contract with this District is on an "at-will" basis, meaning that employment terms can be terminated by either party, employer or employee, for any reason not expressly prohibited by law.

Employee Classification
Class 1
A regular full-time exempt administrative or professional or supervisory employee hired in anticipation of working for a position.
Class 2— A regular full-time exempt certified employee hired in anticipation of working a set number of days.
Class 3— A regular full-time nonexempt classified employee hired in anticipation of working in a position with the schedule identified upon the hire date.

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Policy 1
Purpose and Use

1.0 Purpose of Policies and Procedures
Belle Fourche School District 9-1, herein referred to as Belle Fourche School District or District, enacts the Personnel Policy and Procedures Manual to ensure all personnel issues are adhered and to provide personnel administration. Belle Fourche School District has assigned all personnel issues to the Superintendent. In the event a question arises out of the Personnel Policy and Procedures Manual, please forward any questions to the Superintendent.

The policies and procedures for personnel administration are enacted by Belle Fourche School District in order to further the following goals:

    1. To provide uniform and sound personnel administrative systems throughout the District;
    2. To inform employees of the general policies and procedures of the District and the benefits and obligations of employment with the District;

    3. To ensure that all personnel actions are based upon employee qualifications (knowledge, skills and abilities) and job performance, and comply with federal and state law;

    4. To serve as written documentation of Belle Fourche School District’s commitment to fair employment practices and equal employment opportunity;

    5. To assist managers in carrying out sound, equitable, and consistent personnel administration and in making effective use of his/her human resources;

    6. To promote and encourage communication between the employer or Supervisor and the employee;

    7. To protect the rights of the employee and employer throughout the employment relationship and to ensure that the responsibilities of both parties are carried out.

1.1 Administration  -top
The School Board has approved the adoption and implementation of this Personnel Policies and Procedures Manual. The School Board reserves the exclusive right to hire, promote or release the Superintendent. The School Board invests in the Superintendent, or the delegate, the authority and responsibility for carrying out the policies, procedures, and intent of this manual, to include power to assign duties and responsibilities, train, discipline or reward employees within the guidelines of this manual. Situations not covered by written policies will be the responsibility of the Superintendent with concurrence of the School Board. The School Board must approve all changes or amendments to the personnel policies.

1.2 Applications
This Personnel Policies and Procedures Manual shall apply to all employees. In the event of a conflict between these policies and state or federal law or a union contract, the terms and conditions of that law or contract shall prevail.

1.3 Revision
Belle Fourche School District specifically reserves the right to repeal, modify, or amend any of these policies with or without notice.

1.4 Disclaimer  -top
Belle Fourche School District recognizes that South Dakota is an employment at-will state and the intent of the District is to maintain the employment at-will status of all employees not governed by the union contract or employment contract.

This manual does not confer a contract of employment. The policies, procedures, rules and benefits contained herein are subject to change. These policies are provided as a reference of present policies and not a guarantee of employment or specific employment benefits.

Belle Fourche School District does not recognize verbal or implied contracts for employment. Only the School Board has the authority to enter into any agreement of employment for specified durations. Such employment agreements will only be valid and binding on Belle Fourche School District when the agreement is set forth in a written document signed by the employee and School Board President.

1.5 Distribution of District Policies
Board and administrative policy books are furnished to all administration and Board members of the Belle Fourche School District. All policies are posted on the BFSD homepage, located at www.bellefourche.k12.sd.us on the Internet. All staff has Internet access at school and is encouraged to use this medium to access school policies. Policies are continuously developed and revised and will be updated in the policy books and on the Internet as changes occur.

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Policy 2
Equal Employment Opportunity

2.0 Equal Employment Opportunity
Belle Fourche School District is committed to providing equal employment opportunity for all persons regardless of religion, sex, age, national origin, or disability.

Equal opportunity extends to all aspects of the employment relationship, including hiring, transfers, recruiting, layoff and recall, promotions, training, terminations, working conditions, compensation, fringe benefits, retirement plans, disability leave and other terms and conditions of employment.

District complies with federal and state equal employment opportunity laws and strives to keep the workplace free from all forms of harassment, including sexual harassment. District considers harassment and discrimination in all forms to be a serious offense. Employees who have been subject to prohibited discrimination or harassment should immediately report the incident to his/her Supervisor.

REF.: Policy GAA

2.1 Nondiscrimination  -top
The Belle Fourche School District will not tolerate racism, discrimination, harassment, exploitation or victimization of students, school employees, non-employees or any person who are invitees of the Belle Fourche School District for any reason, including but not limited to race, color, ethnic background, national origin, religion, creed, age, citizenship, political affiliation, emotional, mental and/or physical challenge, gender or any other protected class. Inquiries regarding non-discriminatory policies in employment may be directed to Management.

REF.: Policy ACAA and Policy AAAB

2.2 Complaint Procedure – Harassment/Discrimination/Title IX
It has been, and shall continue to be, the District’s policy to comply with the letter and spirit of applicable federal, state, and local laws, ordinances and statutes concerning equal employment opportunity and nondiscrimination. The District pledges that it will make a determined and sustained effort to prevent and eliminate any discrimination within the organization, in part by implementing measures outlined below. The District has adopted this procedure to provide prompt and equitable resolution of complaints alleging any action prohibited by the Equal Employment Opportunity Commission (EEOC).

Any individual who believes that he/she or a specific class of individuals has been subjected to unlawful discrimination may, by himself or herself or by any authorized representative, file a complaint. A complaint must be filed in writing, by either the employee or the Supervisor or Designee receiving the complain; the complaint must contain: the name and address of the individual or representative filing the complaint, a description of the alleged discriminatory action in sufficient detail to inform the entity of the nature and date of the alleged violation. The complaint must be signed by the complainant or authorized representative. Complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination. Please see complaint form in the back of the policy manual.

Employees who report harassment or discrimination will not be subject to any form of retaliatory conduct. Any employee responsible for retaliation will be subject to disciplinary action up to and including termination.

    1. Step 1—Initial complaints should be directed to the individual’s immediate Supervisor. The Supervisor and the individual complainant should attempt to informally resolve the complaint at this level. NOTE: In the event that the employee does not feel comfortable going to the immediate Supervisor, they should pass over this step and begin this process at the next available and appropriate step.
       

    2. Step 2—If the complaint is not resolved, informally in Step 1, the complainant may submit a formal written complaint to the immediate Supervisor. The Supervisor will attempt to resolve the complaint at this level. Upon receipt of the formal complaint, in written form, the Supervisor shall conduct an investigation and have ten working days to provide a written proposed resolution to the complainant regarding the complaint. By mutual consent, this timeline may be extended.
       

    3. Step 3— In the event the complainant is not satisfied with the proposed resolution of the Supervisor, they shall have ten working days from receipt of the formal written proposed resolution from the Supervisor to forward the complaint to the Superintendent.

      Upon receipt of a formal written complaint, the Superintendent shall promptly conduct an investigation of the complaint. To ensure a fair and impartial investigation, all primary parties involved shall be notified of the complaint and be afforded an opportunity to submit evidence relevant to the complaint. All other designated interested employees will be involved in the investigation as deemed necessary. Confidentiality is of the utmost importance and will be maintained by the Superintendent in as much as possible. All investigations will be handled with discretion, sensitivity, and due concern for the dignity of those involved.

      Thirty calendar days will be allowed to ensure adequate opportunity for all involved parties to present information and to ensure that the Superintendent has sufficient opportunity to prepare findings of facts and conclusions. At the end of this time, the Superintendent shall provide his/her findings of facts and conclusions to the parties concerned.
       

    4. Responsive Action—Misconduct constituting harassment, discrimination, and/or retaliation will be dealt with appropriately. Responsive action may include, for example: training, referral to counseling, and/or disciplinary action up to and including termination. Responsive action will be dependent upon the circumstances and severity of the harassment/discrimination. In any event, a follow up inquiry will be conducted to ensure that harassment/discrimination has in fact ended and that no retaliation had transpired.
       

    5. Confidentiality—A report of discrimination/harassment and/or an investigation of discrimination/harassment are to be held in strict confidence, except as necessary for the School District, representative of the victim or accused or any agency of state or federal government charged with enforcement of the policy, to carry out the obligations of this policy subject to state and federal laws with regard to the confidentiality of school records, or constitutional requirements of due process and rights of privacy act provisions. The above paragraph does not apply to criminal investigation materials. Information from a criminal investigation will be released only according to state codified law.
       

    6. Retaliation—The Belle Fourche School District prohibits retaliation against any person because that person has verbally or non-verbally asserted, or has assisted another person to verbally or non-verbally assert, a discrimination and/or harassment complaint in either an informal or formal manner with the school or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination and/or harassment complaint. Retaliation is itself a violation of federal and state regulations prohibiting discrimination/harassment and will lead to disciplinary action against the offender. Any person making a knowingly false accusation regarding sexual harassment will likewise be subject to disciplinary action up to and including discharge, with regard to employees, or suspension and expulsion with regard to students.
    7. Personnel Actions—Files and records of all complaints filed shall be maintained by Management.

REF: Administrative Manual ACAA-P
 

2.3 Americans with Disabilities Act  -top
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with disabilities in the area of employment, public accommodations, state and local government services and programs. Title II of the ADA states, in part, that
"no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities sponsored by a public entity."

The District has adopted this policy to provide prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA.

2.3.1 Requesting an Accommodation
Qualified individuals with disabilities may make requests for a reasonable accommodation to his/her individual Supervisor. On receipt of an accommodation request, the Supervisor along with the 504 Coordinator will meet with the individual requesting the accommodation to discuss and identify the precise limitations resulting from the disability and the potential accommodation that District may make to accommodate the limitations. The Supervisor and the 504 Coordinator, along with the individual’s Doctor and other necessary professionals at District will determine the feasibility of the requested accommodation, considering various factors as permitted by law.

2.3.2 Complaint Procedure
Any individual who believes that he/she or a specific class of individuals with disabilities has been subjected to unlawful discrimination on the basis of that disability by the District may, by himself or herself or by any authorized representative, file a complaint. Please refer to section 2.2 for appropriate complaint process.

REF.: Policy AAAB

2.4 Title IX  -top
Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs or activities that receive federal financial assistance. As amended by the Civil Rights Restoration Act of 1987, the definition of the term "program or activity" includes all operations of an educational institution, governmental entity, or private employer that receives federal funds.

The District prohibits sexual discrimination in all aspects of employment and programs and activities. In the event an employee feels like they have been discriminated against, please refer to section 2.2 Complaint Procedure.

2.5 Sexual Harassment/Harassment  -top
The Belle Fourche School District is committed to providing an environment free from harassment and other forms of discrimination for students, school employees and its invitees. Such an environment is a necessary part of a healthy learning and working atmosphere because discrimination and/or harassment undermines the sense of human dignity and belonging of all people in the community.

Discrimination and/or harassment by Board members, administrators, employees, non-employees, invitees, parents, caretakers, students, vendors and others doing business with the School District is prohibited. Individuals whose behavior is found to be in violation of this policy will be subject to the Complaint Procedure as outlined above in 2.2. In the event misconduct is found, misconduct will result in disciplinary action as determined by the Superintendent or School Board and may include suspension, expulsion, reprimand or termination of employment.

2.5.1 Workplace Harassment
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, such as age, race, color, religion, creed, national origin, sex, marital status, disability, veteran status, pregnancy, gender, ancestry, medical condition, and any other protected group status. Harassment includes conduct that denigrates or shows hostility or aversion toward an individual because of his or her protected status or that of his or her relatives, friends, or associates.

District believes that every employee has the right to a working environment free from all harassment.

2.5.2 Sexual Harassment Defined  -top
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment. Sexual Harassment has two definitions. They are:

A. Quid Pro Quo— Quid pro quo harassment involves an employee being pressured to submit to unwelcome sexual advances in exchange for retaining or gaining certain terms or conditions of employment. By its very nature, quid pro quo harassment can be committed only by a supervisor or a member of the employer's hierarchy with the power to confer or withhold a tangible job benefit. Employers are strictly liable to employees who suffer economic harm as a result of quid pro quo harassment if the harasser had actual authority to alter the victim's work conditions, regardless of whether the employer had actual knowledge of the harassment.

B. Hostile Work Environment— Hostile environment harassment occurs when an employee is subjected to unwelcome conduct based on gender that is sufficiently pervasive or severe to alter the terms or conditions of the victim's employment and create an abusive or hostile work environment. A hostile environment can be created by supervisors, co-workers, or even non-employees, such as patrons or vendors. To rise to the level of hostile environment sexual harassment, the conduct must unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.

Sexual harassment may include such actions as: sexually-orientated verbal "kidding," "teasing," or "jokes;" foul or obscene language or gestures; display of foul or obscene printed or visual material; physical contact such as patting, pinching, or brushing against another's body; and demand for sexual favors. While such conduct generally can amount to sexual harassment only if it is both unwelcome and either severe or pervasive, the District nonetheless prohibits any such conduct in the workplace, regardless of the circumstances.

Any number of actions may constitute sexual harassment, including but not limited to the following:

  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser’s conduct must be unwelcome.

2.5.3 Responsibilities
Everyone at District and especially management is expected to avoid any behavior or conduct that could be interpreted as unlawful harassment. All employees should also understand the importance of informing the individual whenever that individual's behavior is unwelcome, offensive, in poor taste, or inappropriate.

District must be aware of incidents of harassment to be able to take appropriate corrective measures.

Employees— If an employee believes that he/she has been subject to harassment/sexual harassment or any unwanted sexual attention, he/she should:

  • Make his/her unease and/or disapproval directly and immediately known to the harasser;
  • Make a written record of the date, time, and nature of the incident(s) and the names of any witnesses;
  • Report the incident to his/her Supervisor, or the Superintendent;

All incidents of harassment/sexual harassment or inappropriate sexual conduct must be reported regardless of their seriousness. Publicizing information about alleged harassment without following the reporting procedures or filing a formal complaint might be considered evidence of a vexatious intent on part of the accuser.

Supervisors/Management— Supervisors must deal expeditiously and fairly with allegations of harassment/sexual harassment within his/her departments, whether or not there has been a written or formal complaint. Supervisors/Management must:

  • Act promptly to investigate harassment/sexual harassment;
  • Ensure that harassment or inappropriate sexually-oriented conduct is reported to the Supervisor/Superintendent;
  • Take corrective action to prevent prohibited conduct from reoccurring.

Supervisors who knowingly allow or tolerate harassment/sexual harassment are in violation of this policy and are subject to discipline.

2.5.4 Complaint Procedure
The District has adopted this complaint procedure to provide prompt and equitable resolution of complaints alleging any action prohibited within 2.4 of this manual or with any applicable state and/or federal law relating to harassment.

Any individual who believes that he/she or a specific class of individuals has been subjected to harassment of any type by another employee, contractor, patron or any other individual associated with District may, by himself or herself or by any authorized representative, file a complaint. Please refer to section 2.2 for the appropriate complaint procedure.

REF: Policy ACAA and Administrative Manual ACAA-P

2.6 Employment Eligibility  -top
District is committed to meeting its obligations under U.S. immigration law. Accordingly, District neither hires nor continues to employ an individual who is not legally authorized to work in the United States. Moreover, District does not discriminate on the basis of citizenship status or national origin in recruitment, hiring, or discharge. Supervisors, business office staff, hiring personnel, and other employees and agents of district are prohibited from discriminating against an applicant or employee based on national origin or status as a legal immigrant.

The Business Office is responsible for implementing, administering, and reviewing procedures necessary to comply with the employment eligibility verification and nondiscrimination requirements of the Immigration Reform and Control Act (IRCA), as amended. Business Office staff must ensure that all new employees:

    1. Complete and sign the employee's portion of Form I-9, Employment Eligibility Verification; and

    2. Present original documentation supporting the employee's identity and employment eligibility.

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Policy 3
Employee Conduct

3.0 Workplace Violence
It is District’s desire to maintain a safe environment for the employee and students to conduct business and fulfill its mission. Specifically this policy relates to all employees, students, parents, citizens, vendors, significant others, and any other individual having contact with District. For the purposes of this policy, violence and threats of violence include, but are not limited to:

    1. Any act which is physically assaulting;
    2. Any substantial threat to harm or to endanger the safety of others;
    3. Behaviors or actions interpreted by a reasonable person as carrying the potential for violence and/or acts of aggression;
    4. Any substantial threat to destroy property;
    5. Possession on work site of any weapon or dangerous instrument (e.g., any type of firearms, certain knives, brass or metal knuckles, etc.), unless required by position duties (e.g., Police Officer).

Threatening behaviors, acts of aggression, and violence will result in appropriate action by District, up to and including dismissal and contacting of public law enforcement. Civil and criminal penalties will be pursued as deemed appropriate. It is the responsibility of every employee of District to take any threat or violent act seriously, to consult with appropriate personnel and to take action as recommended by these resources and guidelines.

Please notify the Superintendent regarding any actual or perceived violence occurring. In the case of an emergency, it may be appropriate to call 911.

3.1 Drug and Alcohol Policy  -top
In accordance with the Drug Free Workplace Act and Drug-Free Schools and Campuses Act, Belle Fourche School District has adopted and implemented a drug prevention program designed to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all employees (and students) on school premises or as part of any school activity.

Belle Fourche District #9-1 recognizes chemical abuse and dependency, and emotional problems as illnesses which may interfere with an employee's job performance. However, the school district recognizes its legal responsibility to maintain a drug-free atmosphere which will promote a quality learning environment. The misuse of alcohol and other drugs by any employee may endanger the safety and well-being of all other employees and students. The Belle Fourche School District recognizes that chemical dependency through use of controlled or uncontrolled substances, including alcohol, is a treatable illness.

Violations of this policy may result in immediate disciplinary action, including termination and notification of proper authorities, including, but not limited to the Federal Agencies from which funds are received. The administration may also require an employee, at his/her own expense, to participate satisfactorily in a drug abuse assistance/rehabilitation program approved for such purposes by an appropriate agency. Employee shall be defined as all employees working for the Belle Fourche School District. It shall be a condition of employment for all employees of the Belle Fourche School District to abide by the terms of this policy.

REF.: Policy GAO

3.1.1 Drug and Alcohol Abuse Policies
Following are the policies of District regarding drug and alcohol abuse:

    1. The unlawful manufacture, distribution, dispensing, possession or use of controlled drugs or substances, or the use of alcohol while on duty, on or off business property owned or leased by the District is proper cause for disciplinary action.

    2. Any illegal controlled drug or substance possessed while on duty by employees will be turned over to the appropriate criminal justice agencies and may result in criminal prosecution.

    3. It is not permissible for an employee to be under the influence of controlled drugs or substances or alcohol on the job, except as provided for in item (D).

    4. The legal use of controlled drugs or substances prescribed by a licensed physician is not prohibited, but employees in a position where side effects of the prescribed medication could affect performance and safety on the job are required to disclose such use to his/her Supervisor.

    5. The illegal use, sale, and possession of controlled drugs or illegal misuse of alcohol is unacceptable. Alcohol-related, criminal convictions are also unacceptable. This behavior may affect the job performance and the confidence of the District’s ability to meet its responsibilities. Such off-the-job conduct may be proper cause for disciplinary action.

REF.: Policy GAO and Policy GBEA

3.1.2 Parameters for Testing for Drugs and Alcohol
District may request that an employee undergo drug and alcohol testing for various reasons to include but not limited to random testing, pre-employment, post-incident, or "reasonable suspicion" that the employee is under the influence of drugs or alcohol during work hours. "Reasonable suspicion" means an articulate belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. Circumstances, which constitute a basis for determining reasonable suspicion may include but are not limited to:

    1. A pattern of abnormal or erratic behavior which is so unusual that it warrants summoning a Supervisor or other individual for assistance;
    2. Information provided by a reliable and credible source with personal knowledge;
    3. Direct observation of drug and alcohol use;
    4. Presence of the physical substance of drug and/or alcohol use (alcohol odor on breath, slurred speech, poor coordination, etc.);
    5. Possession of substances in violation of the District drug and alcohol policy.

REF.: Policy GAO and GBEA

3.1.3 Employee Responsibility
An employee must not report to work at any time while his/her ability to perform his/her job duties are impaired due to alcohol and/or drug use. An employee must notify his/her immediate Supervisor/Superintendent of any drug and/or alcohol violation occurring in the workplace immediately. Employee’s failure to comply with this policy may result in disciplinary action.

REF.: Policy GAO and Policy GBEA

3.1.4 Management Responsibility
Supervisors/Superintendent shall not physically search the employees nor shall they search his/her personal possessions without consent and in the presence of the employee. Supervisors/Superintendent shall notify the proper law enforcement agency when he/she has reasonable suspicion as defined in 3.1.2.

REF.: Policy GAO and Policy GBEA

3.1.5 Testing Procedure
Where "reasonable suspicion" or post-incident circumstances exist, employees may be asked to submit to blood and/or urine testing by a qualified medical physician at the District’s expense. Prior to testing, the proper authority shall secure a signed release statement from the employee to have the physician release medical information to the District Attorney. An employee who refuses to consent to a drug and alcohol test in accordance with this policy may be subject to disciplinary action.

A positive test result may result in disciplinary action. All documentation and results if positive will be filed in a sealed confidential envelope with need-to-know access only. Disclosure to any other person, agency, or other organization is prohibited unless written authorization is obtained by the employee.

REF.: Policy GAO and Policy GBEA

3.1.6 In-Service Awareness Program
The District, through the superintendent, shall provide in-service training and a copy of this statement to all administrators, supervisors, and employees to inform them of:

    1. The dangers of drug abuse in the workplace;
    2. The District's policy of maintaining a drug-free workplace;
    3. The drug counseling, rehabilitation, and employee assistance programs available; and
    4. The penalties that may be imposed upon employees for violations of this Drug-Free Workplace Policy.

This in-service shall be repeated annually for all employees.

REF.: Policy GAO and Policy GBEA

3.1.7 Conviction Requirements
The School District shall:

    1. Notify the appropriate federal agency within then (10) days after receiving notice of a conviction from an employee as so noted in 2 below.
    2. Employee must notify the Belle Fourche School District of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
    3. Take appropriate action against the convicted employee--such action may include, but is not limited to, suspension or dismissal or may require a convicted employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program.

3.1.8 Certification
The School District shall certify the existence of a drug-free workplace through the completion and execution of the "Certification Regarding Drug-Free Workplace Requirements of Grantees Other Than Individual Form" as required for Impact Aid awards, by the United States Department of Education, or other appropriate government agency included in the Belle Fourche Administrative Handbook.

REF.: Policy GBEA

3.1.9 Good Faith Efforts
The Belle Fourche School District hereby commits itself to a continuing good faith effort to maintain a drug-free workplace. A copy of this policy shall be given to all present and future employees.

REF.: Policy GBEA

 3.2 Outside Employment  -top
District recognizes that employees sometimes seek additional employment during their off hours. District asks these employees to remember that, despite any outside employment, their position with District is their prime responsibility. District does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or refusal to work overtime. If outside employment leads to these problems, disciplinary action may occur, up to and including termination.

3.3 Seat Belt Policy
District is committed to doing everything possible to prevent injury to employees, prevent damage to property, and to protect the employees and the public from the results of accidents. District realizes that safety belts are an important and efficient means to accomplish this goal. Therefore, it is the policy that all employees and passengers shall be required to use safety belts when driving any District owned or leased vehicle (if equipped with seat belts), or while driving a personal vehicle on official District business. Failure to comply with this policy may result in disciplinary action.

3.4 Smoking Policy  -top
The Belle Fourche School District is concerned with the health of it's employees, and encourages a healthful work place. In keeping with this commitment, smoking will not be allowed in Belle Fourche School District buildings.

    1. Applicability—This policy shall apply to all School District employees, Board members, visitors, and others in the Belle Fourche School District buildings.
    2. Implementation—"Smoke free environment" signs will be posted at entrances. Proper receptacles for extinguishing smoking material shall be provided at entrances as necessary.
    3. Enforcement—Building administrators/supervisors are responsible for orienting, implementing and enforcing this policy.

REF.: Policy GAP

3.5 Inclement Weather Policy   -top
The Superintendent may close the District Schools or dismiss them early when hazardous weather or other emergencies threaten the health or safety of students and personnel. In the absence of the superintendent, the administrative chain of command will be followed.

Schools will not be closed merely to avoid inconvenience. However, the superintendent may excuse all students from attending school, delay the opening hour, or dismiss students early. The superintendent also has the responsibility to see that administrative, supervisory, and operational activity is continued to the extent possible. Therefore, if conditions affect only a single school, only that school will be closed.

In making the decision to close schools, the superintendent will consider many factors, including the following principle ones that relate to the safety and health of children:

    1. Weather conditions, both existing and predicted.
    2. Driving, traffic and parking conditions affecting public and private transportation facilities.
    3. Actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous.
    4. Inability of teaching personnel to report for duty, which might result in inadequate supervision of students.

The Superintendent will weigh these factors and take action to close the schools after consultation with appropriate authorities and/or administrative team.

Students, parents and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing. When schools are closed for emergency reasons, staff members will comply with Board policy or administrative rules in reporting for work.

If school is in operation and the buses do not operate in the rural area, rural students missing school will not be counted absent providing the make-up work assigned for the day is completed. Teachers and administrators should realize that rural students are absent, not because of their choosing, and schoolwork and related activities should be governed by this knowledge.

3.6 Conflict of Interest
All employees must avoid activities or relationships that conflict with District’s interests or adversely affect District's reputation. The types of activities and relationships employees must avoid include but are not limited to:

    1. Accepting or soliciting a gift, favor, or service that is intended to, or might appear to, influence the employee's decision-making or professional conduct;

    2. Accepting, agreeing to accept, or soliciting money or other tangible or intangible benefit in exchange for the employee's favorable decisions or actions in the performance of his or her job;

    3. Accepting employment or compensation or engaging in any business or professional activity that might require disclosure of District’s confidential information;

    4. Accepting employment or compensation that could reasonably be expected to impair the individual's independent judgment in the performance of official duties.

Employees must disclose actual or potential conflicts to the Superintendent as soon as they become aware of them. Failure to make required disclosures or resolve conflicts of interest satisfactorily can result in discipline up to and including termination of employment.

3.7 Student Confidentiality
Belle Fourche School District considers any messages, including faxes, E-mail, memos, notes, letters, or other forms of communications containing student identifiable information to be confidential. Individuals, who are not the intended recipient, are prohibited from disclosing or disseminating contents within the document. The unauthorized possession, release, or distribution of such information is a basis for disciplinary action, up to and including termination. Each employee’s employment assumes an obligation to maintain confidentiality, even after he/she leaves employment. Employees are not to discuss student/staff information with anyone outside the organization.

Student Confidentiality— Student information shall not be released by an employee without specific authorization by the administration.

REF.: Policy JO

3.8 Absenteeism and Tardiness  -top
Employees are expected to be on the job, on time, every day that they are scheduled to work. Unscheduled absences, late arrivals, and early departures are grounds for disciplinary action and are considered during the employee's annual performance review.

An employee absent from work due to illness or disability shall notify his/her immediate Supervisor at least one hour before scheduled to work, or as soon as possible when the reason for the absence occurs less than one hour before scheduled to work. If an emergency situation exists, indicate the nature of the situation and the expected length of absence. If an employee is absent two (2) consecutive days without proper notification, he/she will be considered to have voluntarily resigned his/her position. After three (3) consecutive sick days, medical doctor approval may be necessary prior to an employee’s return to work. However, the Supervisor may request a physician’s notice at any time. Any employee found to have abused his/her attendance and/or benefit privileges may be subject to disciplinary action.

3.9 Dress Code
While on the job, employees represent the District, and should dress in a manner that is normally acceptable in a business establishment. Therefore, it is the policy of the District that all staff dress and groom in accepted business standards.

3.10 Email and Internet Policy  -top
District provides its employees with systems to send and receive electronic mail (email) and information so they can work more productively. The District’s email system is a valuable business asset. The messages sent and received on the email system, like memos, purchase orders, letters, or other documents created by employees in the course of his/her workday, are the property of the District.

This policy explains rules governing the appropriate use of email and the Internet and sets out the District’s rights to access messages on the email system or review files downloaded from the Internet. Employees should not have any expectation of privacy with respect to messages or files sent, received, or stored on the District’s email system. Email messages and files, like other types of correspondence and documents, can be accessed and read by authorized employees or authorized individuals outside the District.

REF.: Policy IIBG and Administrative Manual IIBG-R

3.10.1 Confidential Information
Email and/or the Internet should not be used to communicate sensitive or confidential information. Employees should anticipate that an email message might be disclosed to or read by individuals other than the intended recipient(s), since messages can be easily forwarded to other individuals. In addition, while District endeavors to maintain the reliability of its email system, employees should be aware that a variety of human and system errors have the potential to cause inadvertent or accidental disclosures of email messages.

Employees should consult the Superintendent and the systems administrator before emailing highly sensitive or confidential information.

REF.: Policy IIBG and Administrative Manual IIBG-R

3.10.2 Restrictions
Employees are strictly prohibited from sending email or otherwise using the email system and/or the Internet in connection with any of the following activities, including but not limited to:

    1. Downloading personal emails or emails from unknown sources (exception – see 3.12);
    2. Engaging in illegal, fraudulent, or malicious activities;
    3. Engaging in activities on behalf of organizations with no professional or business affiliation with District;
    4. Sending or storing offensive, obscene, or defamatory material;
    5. Annoying, harassing, or discriminating other individuals;
    6. Sending uninvited email of a personal nature;
    7. Using another individual's account or identity without explicit authorization;
    8. Attempting to test, circumvent, or defeat security or auditing systems, without prior authorization;
    1. Permitting any unauthorized individual to access to the District email system;
    2. Viewing pornographic sights;
    3. Distributing or storing chain letters, jokes, solicitations or offers to buy or sell goods, or other non-business material of a trivial or frivolous nature.

REF.: Policy IIBG and Administrative Manual IIBG-R

3.10.3 Violations
The Internet and email are to be utilized for business purposes only. Employees violating the email and Internet policy are subject to discipline, up to and including termination. Employees using the email system for defamatory, illegal, or fraudulent purposes and employees who break into unauthorized areas of District’s computer system also are subject to civil liability and criminal prosecution.

REF.: Policy IIBG and Administrative Manual IIBG-R

3.11 Telephone Usage  -top
Proper use of the District's telephone system is important in controlling costs, ensuring effective communications, and maintaining productivity. While the telephone system is intended to be used for business purposes, District recognizes that some personal calls are necessary. Employees are permitted to make and receive personal calls that are urgent or extremely difficult or impractical to schedule outside of work hours. Such calls should be infrequent and as brief as possible. Whenever possible, employees should make their personal calls during meal or break periods.

3.11.1 Cellular Phones
Cellular phones owned by the District are intended for business use only.

3.11.2 Violations
The use of District’s telecommunications systems to make or send fraudulent, unlawful, or abusive calls or messages is prohibited. Employees are to report any threatening, intimidating, or harassing telephone calls to their Supervisor or the Superintendent.

Any employee identified as the initiator of fraudulent, unlawful, or abusive calls or messages are subject to disciplinary action and possible criminal prosecution. In instances where harassing calls are identified as originating from outside the District's premises, the telephone District or appropriate telecommunications provider will be notified. In addition, abuse of any of the above telecommunication benefits will result in disciplinary action.

Making or sending fraudulent, unlawful, or abusive calls or messages violates District's policy and is a crime under both state and federal laws. Violations of this policy can result in criminal charges and prosecution, as well as discipline up to and including discharge.

3.12 Computer Use  -top
Belle Fourche School District provides computers and other computer operated technology to increase efficiency and to perform work related tasks. District strives to provide reasonably up-to-date equipment to further accomplish this purpose. Use of all computer technology to include software is expected to be for work-related purposes during working hours. Use for personal and/or entertainment purposes during working hours is prohibited. Employee use for personal and/or entertainment purposes during breaks, after-working-hours and on weekends is allowed if the equipment is not needed by another employee to perform his/her job and/or the employee’s computer equipment is not placed in a location that would allow casual observers to misinterpret the employees activities and no cost is incurred by the use.

Employees are expected to exercise his/her best judgment at all times and to avoid any situation which may cast doubt on the integrity of the employee or Belle Fourche School District. Employees may install privately-owned software onto and District-owned computer ONLY IF all documentation, licensing information, etc. is kept at the computer where the program is installed and written permission is granted by the Superintendent. Employees failing to comply with this policy will be subject to disciplinary actions, up to and including termination.

REF.: Policy IIBG

3.12.1 Responsibilities
Employees must not engage in any activities, transactions, or relationships that are incompatible with the impartial, objective, and effective performance of his/her duties. In addition, all employees are expected and required to protect District's trade secrets and other confidential information. Trade secrets or confidential information should never be transmitted or forwarded to outside individuals or companies not authorized to receive the information. Belle Fourche School District also requires its employees to use the computer system in a way that respects the confidential and proprietary information of others. Employees are prohibited from copying or distributing copyrighted material—for example, software, database files, documentation, or articles.

REF.: Policy IBC

3.13 Political Activity  -top
The Board recognizes that employees of the District have the same fundamental civic responsibilities and privileges as other citizens. Among these responsibilities include campaigning for elective public office and holding an elective or appointive public office.

Any employee who intends to campaign for an elective public office shall notify the Superintendent, in writing at the earliest possible moment, of the office which the employee intends to seek, together with the decision as to whether the employee wishes to continue employment and under what terms and conditions.

The Superintendent will meet with and discuss these matters with the employee involved and will present a proposed solution to the Board for consideration. The essential element to be determined by the Board is whether the activities proposed by the employee are compatible with the time requirements for fulfilling the employee's responsibilities to the District. If the employee is the superintendent, the employee will meet with the School Board President.

In connection with campaigning, no employee will use school system facilities, equipment, or supplies; nor will the employee discuss the campaign with students or with school personnel during the working day; nor will the employee use any time during the working day for campaigning purposes.

An employee seeking an extended leave of absence for campaigning, office-holding, or other time-consuming activities connected with government service will apply for such leave in writing. The Board will provide the employee with a written answer to a request for political leave including salary arrangements. If not elected, the employee may return to the position previously held. School District funds, whether derived from local, state, or federal sources, cannot be used for partisan political purposes.

REF.: Policy GBG

3.14 Code of Ethics  -top

3.14.1 Professional Administrators
The code of ethics for professional administrators is found in section 24:11:03:01 of the rules and regulations of the State Department of Education. The professional administrator shall comply with the following code of ethics:

    1. Make the well-being of the students the basis of decision making and action.
    2. Enforce and obey local, state, and national rules and laws in the performance of duties.
    3. Exemplify high moral standards by not engaging in or becoming a party to such activities as fraud, embezzlement, deceit, moral turpitude, illegal drugs or use of misleading or false statements.
    4. Respect the civil rights of those with whom the administrator has contact in the performance of duties.
    5. Interpret, accurately represent, and implement the school board policies and administrative regulations.
    6. Distinguish personal politics, attitudes, and opinions from stated school board policies.
    7. Fulfill professional responsibilities with honesty and integrity.
    8. Maintain professional relationships which are free from vindictiveness, willful intimidates, and disparagement.
    9. Safeguard confidential information.
    10. Not allow professional decisions or actions to be impaired or influenced by personal gain, gifts, gratuities, favors, and services made or withheld.
    11. Avoid preferential treatment and conflicts of interest.
    12. Honor all contracts until fulfillment, release, or dissolution upon mutual agreement of all parties.
    13. Apply for, accept, offer, or assign a position of responsibility on the basis of professional preparation and legal qualifications.
    14. Accurately represent his/her own qualifications and the evaluations and recommendations of others.
    15. Cooperate with authorities regarding violations of the codes of ethics of the South Dakota Professional Administrators Practices and Standards Commission and the Professional Practices and Standards Commission.

REF.: Policy CAB

3.14.2 Certified Teaching Staff

A.  Obligations to Students— In fulfilling their obligations to the students, educators shall act as follows:

    1. Not without just cause restrain students from independent action in their pursuit of learning;
    2. Not without just cause deny to the students access to varying points of view in the classroom;
    3. Not deliberately suppress or distort subject matter for which they bear responsibility;
    4. Make reasonable effort to maintain discipline and order in the classroom and the school system to protect the students from the conditions harmful to learning, health, and safety;
    5. Conduct professional business in such a way that they do not expose the students to unnecessary embarrassment or disparagement;
    6. Accord just and equitable treatment to every student, regardless of race, color, creed, sex, sexual preference, age, marital status, handicapping condition, national origin, or ethnic background;
    7. Not exploit a professional relationship with a student for personal gain or advantage;
    8. Keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposed or is required by law;
    9. Maintain professional relationships with students in a manner which is free of vindictiveness and recrimination.

B. Obligations to the Public— In fulfilling their obligations to the public, educators shall act as follows:

    1. Take precautions to distinguish between their personal views and those of the local School District or governing Board;
    2. Not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions;
    3. Not interfere with a colleague's exercise of political and citizenship rights and responsibilities;
    4. Not exploit the local School District or governing Board for private gain;
    5. Not exploit the local School District or governing Board to promote political candidates or partisan political activities;
    6. Accept no gratuities, gifts, or favors that might impair professional judgment, nor offer any favor, service, or thing of value to obtain special advantage;
    7. Not engage in activities that would lead to a felony conviction;
    8. Not commit any act of moral turpitude or gross immorality.

C. Obligations to the Profession— In fulfilling their obligations to the profession, educators shall act as follows:

    1. Accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities;
    2. Maintain confidentiality of professional information acquired about colleagues in the course of employment, unless disclosure serves professional purposes;
    3. Discuss professional matters concerning colleagues in a professional manner;
    4. Accept a position or responsibility only on the basis of professional preparation and legal qualifications;
    5. Adhere to the terms of a contract or appointment unless the contract has been altered without the consent of the affected parties, except as provided by law, legally terminated, or legally voided;
    6. Use sound professional judgment in delegating professional responsibilities to others;
    7. Not interfere with the free participation of colleagues in the affairs of their associations;
    8. Not use coercive or threatening means in order to influence professional decisions of colleagues;
    9. Not knowingly misrepresent their professional qualifications;
    10. Not knowingly distort evaluation of colleagues;
    11. Not criticize a colleague before students, except as unavoidably related to an administrative or judicial proceeding.

REF.: Policy GA

3.15 Chain of Command and Communication  -top
All personnel employed by the Board will be responsible to the Board through the Superintendent.

Personnel will be expected to refer matters requiring administrative action to the Administrator to whom they are responsible. The administrator will refer such matters to the next higher administrative authority when necessary. Additionally, all personnel are expected to keep the person to whom they are immediately responsible informed of their activities by whatever means the person in charge deems appropriate.

It is expected that the established lines of authority will serve most purposes. But all personnel will have the right to appeal any decisions made by an administrative officer to the next higher authority. Nothing herein shall supersede any grievance procedure in effect by negotiated agreement or administrative rule.

REF.: Policy CB

3.16 Reporting Child Abuse
It is the policy of the District that all employees who have knowledge of child abuse to report the abuse as the policy outlines below. This is because of our employee’s regular contact with school-age children and that the employees are in an excellent position to identify abused or neglected children.

To comply with the law (SDCL 26-8-6, 26-l0-ll and 26-l0-12), it is the policy of the Belle Fourche School District that any teacher or other school employee who suspects that a child, under l8 years of age, has been neglected or physically abused (including sexual or emotional abuse) by any person including parent or other person, other than by accidental means, shall report orally or in writing to the principal, school nurse, or superintendent, who shall then immediately report to the Department of Social Services (telephone 892-2731) or states attorney (telephone 892-3337) or to the county sheriff (telephone 892-3324) or to the city police (telephone 892-4354). The principal, school nurse or Superintendent shall inform the school employee initiating the action within 24 hours and in writing that the report has been made. The employee shall make the report directly to the proper authorities if the Principal, School Nurse or Superintendent fails to do so.

The report shall contain the following information: name, address and age of the child; name and address of parent or caretaker; nature and extent of injuries or description of neglect; any other information that might help establish the cause of injuries or condition.

School employees shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school employees to prove that the child has been abused or neglected, or to determine whether the child is in need of protection, only to report his or her suspicions of abuse or neglect.

Any personal interview or physical inspection of the child should be conducted in a considerate, professional manner and information or records concerning reports of suspected abuse or neglect are confidential and the release to persons other than provided by law (SDCL 26-l0-12.2) is punishable by $l,000 fine, one year in jail or both. (SDCL 26-l0-12.3)

Failure to make a report where abuse or neglect is suspected is subject to the same punishment. (SDCL 26-l0-l0)

Anyone who participates in making a report in accordance with the law and in good faith is immune from any civil or criminal liability that may otherwise arise from the reporting or from any resulting judicial proceeding even if the suspicion is proved to be unfounded. (SDCL 26-10-14)

REF.: Policy GBLN

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Policy 4
Employee Classifications and Status Changes

4.0 General
Proper classification of employees is important to administering salaries, determining eligibility under Belle Fourche School District’s employee benefits plan, and complying with employment and tax laws. Belle Fourche School District offers regular full-time and regular part-time employment, and may offer temporary employment opportunities to meet a variety of staffing requirements and accommodate employee needs and preferences. Belle Fourche School District may also use contract workers to respond flexibly to changing staffing requirements.

All employees, whether regular full-time, regular part-time, or temporary, are classified as exempt or nonexempt for overtime and minimum wage requirements.

4.1 Employee Classifications  -top

Regular Full-Time Employee— A regular full-time employee is an employee who is employed by the District to work a predetermined schedule of at least an average of thirty (30) hours per normal workweek and has completed his/her training period, for Class 3 employees and for Class 2 employees at least .50 FTE. A regular full-time employee may be exempt or nonexempt and is eligible for benefits.


A.  Class 1
— A regular full-time exempt administrative or professional or supervisory employee hired in anticipation of working for a position. Class 1 employees will be paid on a semimonthly schedule. A Class 1 employee shall be eligible for employee benefits according to eligibility qualifications and other provisions as defined in each plan.

Sick Leave
Personal Leave
Vacation Leave
Bereavement Leave
Jury/Civic Leaves
Retirement
Health Care
Dental Care
Cafeteria Plan
Family Medical Leave (If meets requirements)

B.  Class 2— A regular full-time exempt certified employee hired in anticipation of working a set number of days. Class 2 employees will be paid on a semimonthly schedule. A Class 2 employee shall be eligible for employee benefits according to eligibility qualifications and other provisions as defined in each plan.

Retirement
Health Care
Dental Care
Cafeteria Plan
Sick Leave
Personal Leave
Bereavement Leave/Legal Leave
Professional Leave
Family Medical Leave (If meets requirements)

Class 3— A regular full-time nonexempt classified employee hired in anticipation of working in a position with the schedule identified upon the hire date. Class 3 employees will be paid on a semimonthly schedule. A Class 3 employee shall be eligible for employee benefits according to eligibility qualifications and other provisions as defined in each plan.

Personal/Emergency Leave
Vacation Leave
Sick Leave
Retirement
Health Care
Dental Care
Cafeteria Plan
Family Medical Leave (If meets requirements)
Compensatory Time
Overtime

  1. Part-Time Employee—A part-time employee is an employee who works an average of fewer than thirty (30) hours per workweek and has completed his/her training period. A part-time employee may be exempt or nonexempt and is not eligible for benefits.
  2. Seasonal, Substitute, or Temporary Employee— A seasonal, substitute, or temporary employee is an employee who is employed by the District for a specified period of time or for the duration of a specified and definable project. A seasonal, substitute, or temporary employee may be exempt or nonexempt and is not eligible for benefits.

4.2 Nonexempt and Exempt Status  -top
The District classifies each employee or position as exempt or nonexempt.

  1. Exempt Status— Exempt employees are not subject to federal and state overtime requirements. An employee is exempt if determined to be an executive, an administrative or professional employee, a computer specialist, or an outside sales representative as defined by the Fair Labor Standards Act.
  2. Nonexempt Status— Nonexempt employees are entitled to overtime pay of at least one-and-one-half times (1 ½) his/her regular rate for hours worked in excess of 40 in any workweek. Any employee who is not classified as exempt is nonexempt.

4.3 Training Period
The training period is a training period during which a newly hired employee of Belle Fourche School District is completing his/her first 3 months (90 days) of employment.

4.3.1 Purpose of Training Period
The training period is an intrinsic part and extension of the employee selection process during which the employee will be considered in training and under careful observation and evaluation by supervisory personnel. Generally, this period will be utilized to train and evaluate the employee's effective adjustment to work tasks, conduct, observance of rules, attendance, and job responsibilities. The Training Period will be three (3) months for all new employees. A discretionary additional 3 months may be added to this training period.

During the training period, the employee will not be entitled to vacation time, support staff leaves or benefits. Upon completion of the training period, leaves accrued during this period will be retroactive.

If, at the conclusion of the employee's training period, the employee's performance and employment conditions have been satisfactory in all respects in the opinion of supervising personnel and such satisfactory performance has been documented through a satisfactory performance appraisal, the employee shall then be eligible for applicable benefits.

As all employees are hired conditionally on the basis of continuing fitness or need, these status categories or anything contained in these policies and procedures do not guarantee employment for any specified length of time. Rather, employment is at the mutual consent of the employee and Belle Fourche School District and can be terminated at-will by the employee or Belle Fourche School District. Belle Fourche School District specifically reserves the right to repeal, modify or amend any of these policies, with or without notice, from the Superintendent of Belle Fourche School District.

REF.: Policy GCEA

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Policy 5
Recruitment and Selection

5.0 General Policy
It is the policy of Belle Fourche School District to recruit and fill job vacancies with the most qualified applicant for the position. The District has two methods of recruiting qualified applicants to fill job vacancies: internal and external. If in the best interest of the District, promotions or transfers of individuals already employed with the District shall be given first consideration. This consideration, however, does not entitle the individual to an automatic promotion or transfer. If in the event an internal promotion or transfer is not in the best interest of the District, then Management may hire externally from outside the District.

All selections shall be based on merit and fitness to fill the job vacancy. All recruitment efforts are based upon equal employment opportunity and conducted without regard to age, race, color, religion, creed, national origin, sex, marital status, disability, veterans status, pregnancy, gender, ancestry, medical condition, and/or any other protected group status.

5.1 Job Announcement  -top
Announcements for regular full-time job vacancies shall be made according to the position. All announcements and advertisements shall state that Belle Fourche School District is an "Equal Employment Opportunity Employer." All external announcements shall be published with appropriate agencies to include the One Stop Career Center. All internal announcements shall be posted on the bulletin board in the central office.

5.2 Applications for Employment
Individuals interested in applying for a specific position with the District must complete and submit a District application form. A separate application must be submitted for each position in which the individual wishes to be considered.

5.3 Eligibility
To be eligible for employment with Belle Fourche School District, applicants must be legally eligible to be employed in the United States as proven on the required I-9 form.

5.4 Qualifications
The District maintains job descriptions on each position. This description establishes the minimum required levels of education and experience necessary to qualify for appointment. Each description may also detail desired skills or qualifications, which are preferred by the District and will be given foremost consideration.

5.5 Disqualification
The District disqualifies an applicant from employment if he/she does not meet the minimum qualifications, knowingly has made a false statement on the application form or resume, or has committed fraud during the selection process.

5.6 Employment References  -top
To be considered a qualified applicant, all candidates for positions with the District must provide the names, addresses and, where possible, the name of a Supervisor or contact person for the last three places of employment. Job candidates should be made aware that Belle Fourche School District’s evaluation of his/her qualifications and suitability for employment normally includes contacting these employment references to verify information provided in application forms, interviews, or resumes.

5.7 Selection
Selection to fill a job vacancy with the best-qualified candidate is based on knowledge, skills, ability to perform the duties, and meeting the qualifications listed on the job description of the position. All selections will be made without regard to age, race, color, religion, creed, national origin, sex, marital status, disability, veterans status, pregnancy, gender, ancestry, medical condition, and/or any other protected group status.

5.8 Employment Offers
Once the best-qualified candidate for the position is identified, the hiring Supervisor agrees on the starting salary that will be offered to the individual. Normally, the hiring Supervisor makes a verbal offer of employment to the candidate, which, if accepted, is followed by a written confirmation of employment terms by the School Board on various types of employment forms. The candidate will be made fully aware of his/her At-Will Employment Status as deemed applicable regarding employment with Belle Fourche School District. Both the verbal and written offers of employment are conditional offers inasmuch as they are contingent on the District's verification of reference information, completion of any background check, and the submission of satisfactory employment eligibility documentation required by federal law as well as any post-offer examinations which may be required.

5.9 Reference and Background Checks  -top
In weighing and verifying individuals' qualifications for employment, the District conducts reference and background checks of all positions for employment.

    1. Reference and Background Checks: Information obtained from checking references and investigating an applicant's background is used to: (1) verify the accuracy of employment, academic, or background information provided by applicants; (2) identify and/or verify job-related accomplishments, skills, abilities, and characteristics that help establish the applicant's qualifications for employment; and (3) determine, evaluate, and ensure the applicant's overall suitability for the position in question. Reference and background checks normally are conducted by personal interviews, telephone contacts, and mail correspondence. At its discretion, District also can employ the services of a consumer-reporting agency to conduct an investigative consumer report on any applicant.
    2. Confidentiality of Reference Information: All information obtained from any of the reference sources listed by job applicants is kept strictly confidential by District. Access to such information is restricted to designated members of the School Board, Superintendent, or Attorney and supervisory or management officials of District who have a clear work-related reason for obtaining such access.
    3. Use of Outside Reporting Agencies: In weighing an individual's suitability for employment, District requests the applicant to authorize a state reporting agency to prepare an investigative background report on any applicant. In cases where an investigative report is requested, District notifies the applicant within three days of requesting the report and honors reasonable and timely requests from the applicant for additional information about the nature of the report.
    4. Signing of Release Forms: All applicants must sign general and specific release forms authorizing the release of information by former employers, educational institutions, or other organizations contacted by District as part of the reference and background checking process. Any applicant who refuses to sign a release form is no longer considered for employment.
    5. Penalties for Inaccurate or Fraudulent Information: Any applicant who provides misleading, erroneous, or willfully deceptive information to District on an employment form or resume or in a selection interview is immediately eliminated from further consideration for employment.
    6. Adverse Information: In the event an adverse hiring decision is based off of the information obtained, employee will be notified and provided with the Outside Reporting Agency’s number and address where they may receive a copy of the report and a summary of his/her rights under the Fair Credit Reporting Act.

5.10 Acceptance of Employment  -top
After an individual has accepted employment with Belle Fourche School District, the Supervisor shall ensure that the necessary and proper paperwork is filed within the employee’s personnel file.

5.11 Creating New Positions
In the event a new position is to be created by the direction of the Superintendent, the Supervisor is to prepare a job description of the new position’s duties, qualifications, etc., which is to be submitted to the Superintendent for review and School Board approval.

5.12 Promotion  -top
Belle Fourche School District attempts to fill all new and vacant jobs with current employees. All promotions are based on a comparative review of interested applicants’ qualifications, ability and aptitude, and quality of past work performance. Only job-related factors are considered. In all its selection and employment processes, including promotion decisions, the District makes every effort to ensure all individuals equal employment opportunity. This means that all promotion decisions are made without discrimination on the basis of race, sex, national origin, age, religion, or physical handicap.

Belle Fourche School District reserves the right to announce and advertise any vacant position, even if there are qualified employees who may be promoted. After reviewing all applicants, Belle Fourche School District may choose to promote or hire from outside the District based on the most qualified candidate and in the best interest of the District.

5.12.1 Job Assignment-Promotions and Transfers
Professional personnel will be assigned on the basis of their qualifications and the needs of the School District. The assignment or transfer of professional staff to positions in other schools of the District or within the person's assigned school will be made by the Superintendent giving consideration, but not limited to the following criteria:

    1. The contribution that staff person would make to students in the new assignment.
    2. The qualifications of the employee as compared to those of other candidates for the position to be filled.
    3. The opportunity for professional growth.
    4. The desire of the employee regarding the new assignment.
    5. The availability of a qualified replacement for the position vacated by the transferring teacher.

REF.: Policy GBB, Policy GBI; and Negotiated Agreements for all of Policy 5 sections 5.0 through 5.12.1

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Policy 6
Personnel Records

6.0 Personnel Records
All paper-based documents relating to the District’s personnel record systems are kept in secure locked files in the Business Office. Individuals wanting access to the personnel files must obtain approval from the Business Manager before access to personnel file information is granted. In collecting, maintaining, and disclosing personnel information, the District strives to protect employees' privacy rights and interests and prevent inappropriate or unnecessary disclosures of information from any worker's file or record.

6.1 Confidentiality of Information  -top
The District treats information about employees as confidential and respects the need for protecting each employee's privacy by enforcing secure information handling procedures on the part of all personnel whose job duties involve gathering, retaining, using or releasing personal information about the organization's employees.

6.2 Employees' Access Rights to Personnel File Information
All employees can review the information contained in his/her own personnel file, although the District reserves the right to remove certain sensitive documents. Employer shall, within a reasonable time after receipt of a written request from an employee, permit such employee to inspect and copy, at employee's expense, their personnel file, if such exists. The inspection shall occur not more than twice a year and shall take place during regular working hours. Personnel files shall be kept for at least six (6) years after termination.

Records for Review
Employees generally have access to the following types of records:

    1. Employment applications
    2. Personnel action forms, including those for hiring, promotions, salary changes, and job title changes
    3. Form I-9, Employment Eligibility Verification Form, and other documents related to employment eligibility
    4. Form W-4 and related tax withholding information
    5. Time cards and attendance records
    6. Performance appraisals
    7. Awards and commendations
    8. Accident reports
    9. Warnings and reprimands (excluding documents prepared in connection with investigations or other documentation to support reprimands)
    10. Grievances filed by the employee (Class 2 employees only)
    11. Medical records (NOTE: At its discretion, the District can release medical records to a physician of the employee's choosing rather than to the employee)
    12. Workers' compensation information
    13. Fringe benefit enrollment and election forms, including designation of beneficiary forms
    14. Pension and retirement forms
    15. Emergency contact information
    16. Biographical information

      NOTE: The District retains documents in accordance with record retention requirements under federal and state law. After the expiration of the applicable retention period, the records are destroyed. Consequently, certain historical documents might not be available for review.

The following types of documents may not be part of an employee's general personnel records and may not be accessible to employees:

    1. Pre-employment reference information, including letters, telephone notes, and memoranda secured from the employee's prior employers or persons who are not current employees of the District
    2. Medical records created or obtained by the District that an employee can obtain directly from his or her physician or directly from a health care provider
    3. Records relating to investigations of policy violations, prohibited conduct, or criminal offenses
    4. Documents developed or prepared for use in grievance or court procedures
    5. Documents related to staff planning or business planning, including management succession plans, management bonus plans, and job assignment plans

6.3 Accuracy of Employee Information
To ensure that the District’s personnel files are up-to-date and contain accurate, complete information, employees are required to notify his/her Supervisor of any changes that need to be made in the following categories: name, telephone number, home address, marital status, number of dependents, beneficiary designations, scholastic achievements, or individual to notify in case of an emergency.

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Policy 7
Hours of Work and Compensation

7.0 General Policy
It is the intent of the Superintendent to create a standard workweek within which an employee is expected to perform District services. The Superintendent also realizes that emergency and extenuating circumstances may arise in which an employee is required to work variable hours. Nothing within this policy is meant as a guarantee to the number of hours, either daily or weekly, that an employee may be required to work. However, it is the Superintendent’s intent that every employee be treated equally and fairly when expected to work odd or extended hours.

7.1 Standard Workweek  -top
The standard forty- (40) hour workweek, unless otherwise stated, for the purpose of calculating pay and overtime for nonexempt employees, shall be Saturday at 12:01 a.m. and continues through Friday at 12:00 midnight.

7.2 Standard Workday
Operating hours for Belle Fourche School District are 8:00 to 5:00, Monday through Friday. These hours are to accommodate our students. There will be events that occur that will be outside of the normal workday due to school activities.

7.3 Break Periods
Class 3 employees receive a non-paid break for noon and a paid fifteen (15) minute break period in both the morning and afternoon at the discretion of the immediate supervisor. Break periods may not be accumulated for time off and are not guaranteed to the employee. Breaks should be taken and arranged according to projects and deadlines of those projects.

7.4 Pay Period and Pay Day
Employees are paid on a semi-monthly pay schedule.

7.5 Time Sheets  -top
Each nonexempt employee is required to complete a daily time sheet to keep a record of all hours worked, vacation, sick leave, personal leave, etc., for the purpose of calculating and issuing pay checks. Every employee and his/her Supervisor must sign the time sheet to verify that all entries are accurate. Intentional falsification of time sheets may result in disciplinary action.

7.6 Payroll Deductions
Belle Fourche School District is required to withhold Federal Income Tax and Social Security (FICA) from each employee’s paycheck. Other deductions include contribution to the employee’s retirement plan, health insurance and other withholdings required by law or pre-selected by the employee.

7.7 Wages and Job Descriptions
Belle Fourche School District’s compensation program is designed to achieve the following goals:

    1. Ensuring fair and consistent pay practices
    2. Complying with applicable federal and state laws and regulations
    3. Operating within the constraints of the District’s budgetary process and financial resource limitations
    4. Ensuring administrative efficiency
    5. Allowing the District to offer competitive salaries relative to the labor markets in which the District recruits

District job description will identify the Typical Duties and Responsibilities, the Minimum Qualifications required to obtain the position, any pertinent certifications necessary, as well as detailed information on mental and physical attributes, which are required or highly suggested for the position.

7.8 Overtime  -top
Nonexempt class 3 employees may be required to work overtime when determined necessary by his/her Supervisor or the Superintendent. Overtime is defined as time that is worked in excess of the standard forty (40) hour workweek, but does not include hours paid but not worked such as holidays, vacation time, sick leave, personal leave, etc.

All overtime must be authorized by the employee’s Supervisor prior to the working of such hours except in an emergency. Overtime is to be authorized only if the work cannot be otherwise done during the normal working hours. Insofar as possible, the opportunity to work overtime shall be distributed as equally as practical among employees in the department. Accrual of overtime without prior authorization may result in disciplinary action.

Overtime compensation for all nonexempt employees shall be at the rate of one and one-half (1 ½) times the employee’s regular hourly rate.

REF.: Policy GCFA

7.9 Compensatory Time
Class 3 regular full-time employees have the option to use their hours over forty as compensatory time at the rate of one and one-half times. Compensatory time earned should be taken within a reasonable time after it has been earned. No employee may accumulate more than l60 hours of actual overtime hours which is equivalent to 240 compensatory hours.

REF.: Policy GCFA

7.10 Flextime  -top
When possible, a regular full-time employee who works more hours than the normally scheduled workday may arrange to take flextime. In addition, the supervisor may, at his/her discretion, rearrange an employee’s schedule to eliminate any overtime liability for the workweek. All such hours that skew from the normally scheduled workday must be approved by the supervisor.

Flextime must be used during the same 40-hour workweek and cannot accumulate and will not carry over into the next workweek. Flextime cannot be used in lieu of Vacation. Any day an employee is absent for the entire scheduled shift that absence will be considered as a chargeable vacation and/or sick day.

7.11 Class 2 Schedules
The certified teaching staff will be responsible to be present in their assigned school buildings twenty minutes before school convenes in the morning and twenty minutes after school is dismissed in the afternoon. Teaching staffs may be excused from these time limits on a given day by their building Principal or the Superintendent. Duty-free lunch breaks will be determined by building Principals and the Superintendent. On the last working day of the week and the days proceeding holidays and vacations, certified staff members will be free to leave at the close of the school day.

It is against the rules of this school for an agent of any commercial enterprise, which is nonschool related, to take the time of the teacher during the regular hours when the teachers are on duty. Exceptions can be made only when permission is given by either the Principal, the Superintendent of schools or the President of the School Board. Classes should not be interrupted.

REF.: Policy GBKA

7.12 Expense Reimbursement  -top
Whenever School District employees are requested to travel by motor vehicle within the District, other than to or from work, on official school business, a school vehicle will be provided at the discretion of the administration or if a vehicle is not available, mileage at a rate set by the School Board at the annual meeting in July shall be paid.

Mileage, such as to the post office each day, may be figured at a weekly rate but based on an accurate daily figure.

School District personnel traveling outside of the School District shall be paid:

    1. A school vehicle will be provided at the discretion of the administration, if a vehicle is not available, mileage will be paid at a rate set by the School Board at the annual meeting in July.

    2. Meals at rates set by the state for in-state and out-of-state travel. Meals will be reimbursed only for District approved over-night stays. Under most circumstances meals will be reimbursed only if an over-night stay is involved. The only exception to this would be if the meal is included in the registration fee; if this is the case the District will pay for the meal.

    3. Lodging at state rates when state rates are available or at regular rates, as charged by hotels, when state rates are not available. Room reservations should be secured in advance at convenient hotels with the most economically acceptable rates.

REF.: Policy GAI

7.13 Substitute Pay  -top
Whenever a substitute teacher has a valid certificate on file in the Central Office and is fully certified by the Department of Education in the position in which the individual is substituting, and has substituted for 15 consecutive teaching days in the same position for the same teacher, this person will be paid at the same rate called for in the negotiated agreement as a teacher with a Bachelor Degree, no additional hours, in the first year of teaching. This pay will not be retroactive to include the initial 15 consecutive substitute-teaching days.

In extended leave cases, however, where the need for a long-term substitute is known before the individual is hired, the long-term substitute will begin the extended leave period at the beginning teacher's pay if the person is certified by the State Department of Education before the substituting begins.

The School Board shall determine substitute teacher and support personnel pay when other salaries are determined.

      1. Certified Teacher Substitute— A person with a valid teacher certificate, any type of expired teacher certificate, or at least a college degree who substitute teaches during an emergency short-term or long-term absence of a regular teacher.
      2. Non-certified Teacher Substitute— A person without teacher training, with at least a high school diploma but less than a college degree, who substitute teaches during an emergency short-term absence of a regular teacher.

REF.: Policy GBLK

* Belle Fourche School District specifically reserves the right to repeal, modify or amend any of these policies with or without notice.

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Policy 8
Benefits

8.0 Insurance, Retirement and Workers’ Compensation
The benefits that follow are those offered by Belle Fourche School District. Please refer to the necessary employee classification, as some or most of the benefits are afforded to the respective individual employee classification. Full details of the group insurance plan can be obtained from Management.

Belle Fourche School District offers a comprehensive and competitive benefits package to all employees. Participation with any of the benefit programs is a decision of each individual employee.

8.0.1 Health Insurance
The Belle Fourche School District participates in an employee’s group health care plan. As a participant in a group health care plan, the District pays a portion of family plans and single coverage’s.

Class 3 employees will be eligible for this benefit if employee works an average of 30 or more hours per week during their specified work year.

Class 2 employees eligible shall participate in the District's group health insurance plan or show proof of health insurance coverage. Class 2 employees must work 50% or more of annual contract to be eligible for the group health care plan.

An employee retiring at a minimum age of 55 with at least 10 consecutive years of employment with Belle Fourche School District may continue coverage under the group health insurance program for the retiree and eligible dependents at the group rates. The retiree must pay the full premiums. The health insurance premium cost will be paid by each former employee participant at such times and in such manner as required by the business manager. This coverage will terminate on the premium due date following the retiree’s 65th birthday.

Employees may choose to opt out of health coverage provided by Belle Fourche School District. Employees who opt out of Belle Fourche School District health coverage will not be reimbursed monetarily for his/her portion of the health coverage premium. District assumes no liability or responsibility for the adequacy or inadequacy of the insurance coverage or other medical bills or expenses not otherwise covered by this plan.

REF.: Policy GCFB

8.0.2 Extended Health Coverage
In the event of an employee's termination of employment (except for gross misconduct) or reduction of hours, the employee, spouse, and dependent children are entitled by law to purchase continuing health care coverage under Belle Fourche School District's group plan for up to 18 months. If the employee or any family member is disabled, the disabled individual and non-disabled family members are entitled to an additional 11 months of continuation coverage. In the event of an employee's death, divorce, or legal separation, or a retiree losing coverage under Belle Fourche School District’s group plan, the spouse and dependent children of the employee or retiree have the option of purchasing continuing coverage under District's group health plan for up to 36 months.

Employees or qualified beneficiaries electing extended coverage (COBRA) are responsible for paying the cost of the extended health care coverage. The purchase price of continuing coverage is the full cost of the premium Belle Fourche School District pays for similarly situated active employees, plus administrative costs. During the 11 months of extended coverage for disabled employees or their family members, the cost of the premium rate may increase. By enrolling in the Health Care Continuation Plan (COBRA), employees and his/her family members receive the benefit of purchasing the same extensive coverage provided to active employees at favorable group rates.

This continuing coverage terminates before the expiration of the 18-, 29-, or 36-month period if the employee or qualifying family members become covered under another group health plan that provides comparable benefits and does not penalize the newly covered individual(s) for preexisting conditions. Belle Fourche School District’s continuing coverage also terminates if premiums are not paid on time or if Belle Fourche School District discontinues all of its group health plans for all employees.

In order for Belle Fourche School District to meet its legal obligations in providing continuing health care coverage, all employees must inform his/her Supervisor within 60 days of a change in status such as divorce or legal separation or when a dependent child reaches 18 years of age, if no longer in school, or 21 years of age, if still in school. It also is essential that the Supervisor have a current address for all employees and family members. This policy statement is a brief description of the Health Care Continuation Plan and does not fully explain employees' rights. Employees should read the notice he/she receives when he/she first enrolls in the group health plan or the Summary Plan Description for a full explanation. Copies of the notice and Summary Plan Description can be obtained from the Business Manager.

8.0.3 Life Insurance
All regular full-time employees are provided with life insurance coverage.

8.0.4 Cafeteria Plan
The Belle Fourche School District participates in a cafeteria plan for employees.

8.0.5 Retirement Benefit
Eligible regular full-time employees of the Belle Fourche School District are eligible immediately upon employment. A deduction will be made on gross salary equal to the mandatory rate set by the SDRS. This deduction is matched by the District. Employees are eligible to participate in the SD supplement retirement system on their own through the SDRS.

8.0.6 Dental Insurance
The Belle Fourche School District participates in an employees group dental care plan. As a participant in a group dental care plan, this District pays an employee benefit as negotiated by the Belle Fourche Education Association and the Belle Fourche School District. All eligible District employees shall participate in the District's group dental care plan. Class 1 and Class 2 employees must work 50% or more of annual contract to be eligible for the group dental care plan. Class 3 employees must work an average of 30 hours per week during their specified work year to be eligible for benefit. 

8.0.7 Workers’ Compensation

A. Report of Injury Required—South Dakota Worker's Compensation Law requires that an employee report all work-related injuries or illnesses to the Belle Fourche School District within three (3) days after its occurrence.

Any employee involved in any on-duty accident shall immediately report the accident and any physical injury sustained to his/her Supervisor. When required by Belle Fourche School District, the employee shall complete an accident report on forms furnished by Belle Fourche School District and shall supply all available names and addresses of witnesses of accident.

The employee shall receive a copy of the accident report that is submitted to the employer. Failure to comply with this policy may be grounds for disciplinary action by Belle Fourche School District. All employees shall also immediately report all safety hazards to his/her Supervisor.

B. Time Reporting—Supervisors with an employee absent from work because of an on-the-job accident will be required to record all hours worked, as well as regularly scheduled hours not worked, on the time sheet while the employee is absent from work and shall submit the time sheet to the Business Manager for Belle Fourche School District records.

C. Compensation and Benefits—In cases where workers' compensation reimbursement is paid, employees may utilize leave to subsidize the difference between workers' compensation benefits and the amount of their regular wage. Employees may not utilize the sick leave bank while on a workers compensation leave. Additional accumulation of sick or annual leave will not be permitted while the employee is on a workers' compensation leave. Belle Fourche School District shall not participate in retirement benefits for an employee while the employee is absent from work because of a work-related illness or injury. All benefits will continue upon return to work. Employee will be required to provide sufficient certification or signed medical release to return to work.

8.1 Vacation  -top

    1. All qualified Class 1 and Class 3 full-time employees are encouraged to take annual leave each year, as it promotes rejuvenation and a positive work environment.
    2. Scheduling of Vacation- Vacation leave must be scheduled with the employee’s Supervisor at the earliest possible time prior to the use of such leave. Belle Fourche School District reserves the right, within reason, to disapprove requested time for vacation leave for the purposes of maintaining the workforce during heavily scheduled work periods. However, the District will make every effort to accommodate employees’ requests for time off. Vacation days will be assigned on a first-request basis. In the event two or more employees request the same time off, the employee with the most seniority will be given the dates.
    3. Accruing Vacation- Workdays for paraprofessionals, food service personnel, tutors, and crosswalk guards will be the days in session during the school year. These people do not receive paid vacations. Principal’s secretaries and the school nurse receive seven (7) paid vacations that occur during the school year and ten (10) paid holidays. The people listed above do not work when there are breaks in the school year. Vacations for regular full-time 12-month Class 3 employees who work year round, which includes the Central Office Secretaries and Full-time Custodians, will be accrued as follows:

      Vacation is accrued at .42 days per month for the first year of employment; .83 days per month for two (2) through seven (7) years of employment; and 1.25 days per month thereafter. Vacation may not be used until an employee has accrued five (5) days. Class 3 employees will be paid for unused vacation days when employment with the District is discontinued. Class 3 employees may not carry over more vacation time than what they will earn in the following year.

      Vacation for Class 1 employees is provided as stipulated in their negotiated agreement or employment contract.
       

    4. Salary in Lieu of Vacation- Class 3 employees who terminate, retire, or who are placed on a leave of absence may receive pay for earned but unused vacation. In the event of death, earned but unused vacation will be paid to that employee’s estate. Active employees are not eligible for salary in lieu of vacation.
    5. Minimum Vacation Used- Employees qualified for vacation must take vacation leave in no less than 2-hour increments.
    6. Family Medical Leave- Employees must use all accrued leave while on FMLA and prior to going on an unpaid FMLA.

REF.: Policy GCI

8.2 Sick Leave  -top
Class 3 employees, who work an average of 30 hours or more per week during the specified work year, will receive one (1) day of sick leave per month of employment after successful completion of the training period.

Employees will not accrue sick leave benefits if absent from work while receiving workers compensation benefits, on an unpaid Family and Medical Leave, or on other unpaid leave.

8.2.1 Administrative Guidelines

    1. Sick Leave Pay— Sick leave benefits shall be paid at the employee’s regular rate of pay at any time the leave is taken. The minimum charge to sick leave is one (1) hour.

    2. Using Sick Leave— Employee shall be allowed, at the discretion of the Superintendent, to take sick leave in order to care for a sick immediate family member and/or household member requiring attention or to take them to a medical appointment. For the purpose of this paragraph, immediate family is defined as: a spouse, child, parent, or other legal dependent who resides in the household. The amount of sick leave to be used for an illness of a member of a family shall be limited to no more than ten (10) days of sick leave granted to the support staff member for each year, and no accumulated sick leave shall be used in any school year for the illness of a member of a support staff's family. Unless employee qualifies for Family Medical Leave, then an employee may utilize his/her sick leave benefits.

      An employee absent from work due to illness or disability shall notify his/her immediate Supervisor at least one hour before scheduled to work, or as soon as possible, when the reason for the absence occurs less than one hour before scheduled to work. If an emergency situation exists, indicate the nature of the situation and the expected length of absence. If an employee is absent two (2) consecutive days without proper notification, he/she will be considered to have voluntarily resigned his/her position. After three (3) consecutive sick days, medical doctor approval may be necessary prior to an employee’s return to work. However, the supervisor may request a physician’s approval at any time. Any employee found to have abused his/her sick leave privileges may be subject to disciplinary action.
       

    3. Carry-Over of Sick Leave— Unused sick leave may be allowed to accumulate to a total of seventy-five (75) days. Serious illness of a member of the support staff's family shall be considered the same as illness of the support staff member. Any Class 3 employee who has accumulated the maximum amount of sick leave will be paid fifty-three (53) percent of a non-certified substitute teacher's pay per day for each day of sick leave which is not used during the current school year and which cannot be accumulated. The District in the June or July payroll check shall make this payment to the employee. When employment with the District is discontinued, no pay will be given for unused sick leave beyond what has previously been stated.

    4. Leave of Absence— Employees on a leave of absence without pay or suspensions without pay who are absent a full pay period do not accrue sick leave benefits.

    5. Family Medical Leave— Employees must use all accrued leave while on FMLA and prior to going on an unpaid FMLA.

REF.: Policy GCD

8.3 Family Medical Leave  -top
Please see Management for more information regarding Family Medical Leave Act. Anything not included covered by federal or state regulations will be adhered to according to the law.

8.3.1 Introduction
The Family and Medical Leave Act of 1993 (FMLA) guarantees the right of eligible employees to take up to a total of 12 weeks of leave per year, either in one continuous absence or on an intermittent basis, for one or more of the following reasons:

    1. Upon the birth of the employee's child
    2. Upon the placement of a child with the employee for adoption or foster care
    3. When the employee is needed to care for a child, spouse, or parent who has a serious health condition
    4. When the employee is unable to perform the functions of his or her position because of a serious health condition

If the employee is entitled to paid personal leave or vacation leave, the employee must use accrued leave during the 12-week leave required by law.

8.3.2 Definitions

    1. Child: An adopted child, a foster child, stepchild, ward of person who is under age 18 or is over age 18 but incapable of self-care because of a mental or physical disability and of whom the employee has custody.

    2. 12-month period: The calendar year commences the first day of the leave and ends one upon the completion of a full year. It is a calendar year measuring forward. For example, if the leave starts January 1, 2001, the 12-month period is January 1, 2001 through December 31, 2001; if the leave takes place on May 13, 2001, then the 12-month period is May 13, 2001 through May 12, 2002 etc.

    3. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice, residential medical care facility, or continuing treatment by a doctor.

    4. Health Care Provider: A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of South Dakota, or any person determined by the U.S. Secretary of Labor to be capable of providing health care services.

    5. Instructional Staff: "Instructional employees" are those whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. It does not include, and the special rules do not apply to, teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists, or curriculum specialists. It also does not include cafeteria workers, maintenance workers, or bus drivers.

8.3.3 Eligible Employees
To be eligible for absence under the FMLA, the employee must have been continuously employed by the DISTRICT for a 12-month period immediately preceding his/her request for absence and during that 12-month period must have worked at least 1,250 hours. The onset of the leave will commence after 3 consecutive absences and in accordance with FMLA standards.

8.3.4 Notice
Employee is required to provide the employer with 30 days’ notice of absence when it can be reasonably foreseen.

8.3.5 Certification
Requests for leave due to a serious medical condition of the employee or qualified member of employee's family shall be verified by the certification of a qualified health care provider; this certification shall contain the following:

    1. The date when the serious health condition began
    2. The probable duration of the condition
    3. The appropriate medical facts within the knowledge of the health care provider regarding the condition
    4. If the leave is due to the employee's serious health condition, the certificate must include a statement that the employee is unable to perform the functions of his or her position
    5. If planned medical treatment is the reason for the leave and employee wants intermittent leave or leave on a reduced time schedule, the date when the treatment begins and the estimated duration of the treatment
    6. If the leave request is necessitated by a serious medical condition of the employee or the employee's child, spouse or parent, the certificate shall state that there is a medical necessity for the leave and an estimate of how long the leave will be

The employee may be required to obtain a second opinion at the employer's cost from a second health care provider of the employer's choice. If the second opinion conflicts with the first opinion, the employer may request a third opinion at the employer's cost. The employer and the employee must jointly agree on the person providing the third opinion. The third opinion is final and binding. Employees should obtain the Certification Form from Central Office.

8.3.6 Effect on Pay and Benefits
During the term of unpaid Family or Medical Leave, no pay or other benefits shall accrue, with the exception of any group health benefits that were in effect at the time of commencement of such leave or new group health benefits which are provided by the employee during the FMLA leave. Group health insurance shall be continued in force for the duration of family or medical leave and the District shall continue to pay that portion of benefits normally paid by the employer. The employee shall be responsible for payment of any premiums he/she normally pays through payroll deductions. Such payments must be made by mail or in person to reach the Business Manager of the District no later than the last working day of the month prior to the next following month of insurance coverage.

During the term of paid Family Medical Leave, eligible employees shall accrue vacation and sick leave (please see Policy 8.1). Employee health insurance benefits shall continue to be in effect with or without pay. The District shall continue to pay their portion of benefits normally paid by the employer. The employee shall be responsible for payment of any premiums he/she normally pays through payroll deductions. Such payments must be made by mail or in person to reach the Business Manager no later than the last working day of the month prior to the next following month of insurance coverage.

8.3.7  Failure to Provide Certification
Employee may lose eligibility of the Family Medical Leave Act if proper certification is not completed prior to onset of leave or within 15 days of the onset of the serious health condition.

8.3.8  Conditions
In any case in which a husband and wife are both teachers entitled to the provisions of the Family and Medical Leave Act, the aggregate number of work weeks of leave to which both may be entitled shall be limited to 12 work weeks during any 12-month period, if the leave is taken because of the birth or placement of a child or to care for a sick parent.

Leave taken under the Family Medical Leave Act for birth, adoption or foster care purposes may not be taken intermittently or on a reduced leave schedule. The term "reduced leave schedule" means a leave schedule that reduces the usual number of hours per work week, or hours per work day, of a teacher.

The amount of leave available to a teacher under the Family Medical Leave Act to care for a spouse, child, or parent or for the birth, adoption or foster care placement of a child shall be reduced by the amount of paid leave (sick, vacation or personal) taken by the teacher for the same or a related reason.

8.3.9  Leave at End of Academic Year
There are also different rules for instructional employees who begin leave more than five weeks before the end of a term, less than five weeks before the end of a term, and less than three weeks before the end of a term. Regular rules apply except in circumstances when:
 A.  An instructional employee begins leave more than five weeks before the end of a term. The employer may require the employee to continue taking leave until the end of the term if—

    1. The leave will last at least three weeks, and
    2. The employee would return to work during the three-week period before the end of the term.

B. The employee begins leave for a purpose other than the employee's own serious health condition during the five-week period before the end of a term. The employer may require the employee to continue taking leave until the end of the term if—

    1. The leave will last more than two weeks, and
    2. The employee would return to work during the two-week period before the end of the term.

C. The employee begins leave for a purpose other than the employee's own serious health condition during the three-week period before the end of a term, and the leave will last more than five working days. The employer may require the employee to continue taking leave until the end of the term.

For purposes of these provisions, "academic term" means the school semester, which typically ends near the end of the calendar year and the end of spring each school year. In no case may a school have more than two academic terms or semesters each year for purposes of FMLA. An example of leave falling within these provisions would be where an employee plans two weeks of leave to care for a family member which will begin three weeks before the end of the term. In that situation, the employer could require the employee to stay out on leave until the end of the term.

8.3.10  Duration of Leave for Instructional Staff
In the case of an employee who is required to take leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be charged against the employee's FMLA leave entitlement. The employer has the option not to require the employee to stay on leave until the end of the school term. Therefore, any additional leave required by the employer to the end of the school term is not counted as FMLA leave; however, the employer shall be required to maintain the employee's group health insurance and restore the employee to the same or equivalent job including other benefits at the conclusion of the leave.

8.3.11  Return to Work
When an employee is out on FMLA due to a Serious Health condition, employees are required to provide a medical certificate attesting to his/her fitness for duty before being restored to employment. Failure to provide this certificate may delay an employee’s return to work.

8.3.12 Failure to Return to Work
If the employee fails to return to active DISTRICT employment upon the expiration of the maximum 12 weeks of leave provided under this section, the employee shall be responsible for repayment of any employer-paid health care premiums unless the failure to return is based upon the continuance, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control. In such instances, the employee must provide in a timely manner a certification by a health care provider attesting to his/her inability to return to active employment.

8.3.13 Effect of Reemployment and Other Rights
Upon expiration of a duly authorized absence under this section, the employee shall be reinstated to the same position held at the time such leave commenced or an equivalent position with the same or an increase in pay, benefits, and other terms and conditions of employment. No employee shall be interfered with, discriminated against, disciplined, or otherwise restrained from exercising his/her rights under the Family and Medical Leave Act.

8.4 Sick Leave Bank  -top
Class 3 employees may join together to participate in a sick leave bank.

Class 3 employees will be eligible for this sick leave bank after one year of regular employment. Notice of participation must be given within 30 days of anniversary date and subsequently each year by September 30th.

Sick leave bank for Class 1 and Class 2 employees is stipulated in their Negotiated Agreement or employment contract.

REF.: Policy GCD

8.5 Maternity Leave
Class, 1 Class 2, and Class 3 employees not eligible for Family Medical Leave will be eligible for Maternity Leave. It is the policy that written notice of pregnancy shall be given by employee to their supervisor at least three (3) months before the expected delivery date. Disability caused by or contributed to by pregnancy, miscarriage, childbirth or recovery there from will be treated as a temporary disability for which sick leave may be taken. The employee’s physician shall determine the beginning and termination dates of the sick leave.

Employees may use no more than thirty (30) accumulated working days of her sick leave for disability caused by or contributed to by pregnancy, miscarriage, child birth or recovery therefrom, unless the employee has an extraordinary medical need requiring extended leave. An extraordinary medical need exists when the support staff member is not physically able to substantially perform her duties without jeopardizing her health, safety or welfare.

The entitlement to sick leave for disability caused by or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom, which occurs during the school year shall expire when the support staff member has exhausted her accumulated sick leave or thirty (30) working days from the first day sick leave is taken, whichever occurs first. Entitlement for sick leave for disability caused by or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom, which occurs outside the school year, shall expire after thirty (30) days from the date of birth unless the employee has an extraordinary medical need requiring extended leave.

Nothing in this section shall restrict, impede or interfere with any Class 3 employee’s right to Family Medical Leave Act benefits or elsewhere in the policies of the Belle Fourche School District.

REF.: Policy GCDA

8.6 Personal Leave - Class 3  -top
Regular full-time Class 3 employees shall be entitled to two (2) days of personal leave per year without pay deduction. Any requests for such personal leave shall be made to the supervisor of such employee and shall be subject to approval of the superintendent. Such personal leaves may be accumulated to five (5) days. No more than five (5) days may be used in any one school year.

Nothing herein shall prevent the allowance of emergency leave approved by the superintendent after sufficient cause has been indicated.

Any Class 3 employee who has accumulated the maximum amount of personal leave shall be paid fifty-three (53) percent of a non-certified substitute teacher's pay per day for each day of personal leave that is not used during the current school year and which cannot be accumulated. This payment shall be made in the June or July payroll check. When employment with the District is discontinued, no pay will be given for unused personal leave beyond what has previously been stated.

REF.: Policy GCH

8.7 Leave of Absence without Pay  -top
Personal leave without pay may be granted to Class 3 employees for emergency purposes. Each request will be considered individually and separate.

8.8 Personal Leave - Class 1 and Class 2
Please see the Negotiated Agreement or Contract for the appropriate policy.

8.9 Extended Leave of Absence/Sabbatical (Class 1 and Class 2 Only)
Request for extended leave of absence not classified, as emergency or legal leave, will be made in writing thirty (30) days in advance to the superintendent of schools. Upon approval by the Superintendent requests will be placed on the agenda of the regular board meeting. Request may be approved only by the School Board.

An extended leave of absence which is approved by the School Board and which is not an emergency or legal leave will result in loss of pay for the number of days absent beyond available personal leave. Loss of pay will be determined by dividing the number of legal days of school in the school calendar into the regular salary of the employee requesting the leave to receive a daily rate of pay for each day taught and reducing the total salary by this amount for each day of absence.

Employee benefits shall not be provided or accrued, but the employee may retain the group insurance by paying full monthly premiums. Upon return from leave, the employee shall retain any sick leave accumulated prior to the leave of absence. Increases in salary will not be granted during the leave of absence. However, in granting a leave of absence to an eligible employee, the School Board obligates itself to offer to the employee as soon as possible, upon termination of leave, employment of as nearly comparable status as possible at the time.

Extended emergency or legal leaves approved by the School Board may be granted with loss of pay for substitute pay or with loss of sick leave without loss of pay.

An eligible employee with three (3) or more years of satisfactory continuous service with the District may be granted a leave of absence not to exceed one (1) academic year for care of the immediate family, for the purpose of furthering professional growth by means of further study or by a unique situation peculiar to the individual concerned. Each situation requires prior Board approval.

Application for a leave of absence shall be made in writing prior to May 1st preceding the year for which such leave is granted. Notification of the Board's decision on the leave will be given thirty (30) calendar days after the date of application. This leave of absence is granted without pay. If enrolled in academic study, the individual must carry a minimum of twelve (12) hours in his major preparation or full-time student status each semester as defined by the institution he is attending.

The number of leaves of absence granted during any one school year will be limited to no more than two employees per year providing suitable replacements are obtained. The employee must notify the District by March 1 of his/her intent to return for the following school year.

REF.: Policy GBKG

8.10 Leave with Deductions of Pay Class 3  -top
All other leaves, other than those provided in applicable policies in Policy 8, may be granted without pay, provided:

    1. A written application will be submitted either prior to the time of the requested leave or upon the support staff personnel's return to the system in the event prior application is not made due to the circumstances, which application shall set forth the reasons for the requested leave. In the event the application is not submitted prior to the actual taking of the leave under this provision, the support staff member shall give advance notice to the supervisor as provided in this agreement of the fact that the support staff member will be absent for a certain day or days.
    2. The approval of any request for leave under this provision shall not be construed as a precedent for future action.
    3. Deductions for unauthorized absence or an unapproved absence shall be computed on the basis of the support staff member's daily rate times the number of unauthorized day or days of unapproved absences. The support staff member's daily rate shall be computed by dividing the support staff member's monthly salary by 21.5 days (average days per month).
    4. All personal leave must be used prior to using emergency leave.

REF.: Policy GCH

8.11 Jury and Witness Duty  -top
If an employee of Belle Fourche School District serves on jury duty or is called as a witness, District will guarantee the wage of their regular workweek; however, any compensation received over and above the per diem paid for each day shall be retained by the District. The employee shall furnish the District proof of days performing court duties and payments received. The compensation which a support staff personnel is entitled to retain is for the following reimbursable items, but not limited to the same: mileage, rooms, meals, etc.

Employees who are absent from work due to jury or witness duty will not be dismissed or suspended from employment and shall retain and be entitled to the same job status and pay as he/she had prior to performing jury duty. Employees who are to be absent due to jury or witness duty must notify his/her Supervisor in advance. Vacation and sick leave benefits shall accrue at the normal rate for eligible employees. Employees that are dismissed from court duty are required to return to work that day if the dismissal is during the normally scheduled work hours.

Employees will not be paid by Belle Fourche School District for time taken for court appearances in cases in which he/she is personally involved, or in which he/she appears on a voluntary basis. This time may be taken as any of the applicable leaves: vacation leave, personal leave, comp-time or unpaid leave.

REF.: Policy GCH

8.12 Voting Time  -top
Belle Fourche School District employees whose work schedule does not enable time to vote during the times the polls are open shall be allowed up to two (2) consecutive hours to vote. Such time shall be treated as regular work time for the purposes of pay and accrual of leaves.

8.13 Military Reserve Training
Employees serving in the Military Reserve, National Guard, or Naval Militia will be granted an unpaid leave of absence when they are called out for active service. There will be no loss of seniority for purposes of rate of pay and vacation accrual. Employees may utilize their accrued vacation leave. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. In the event leave exceeds the 30-day period, then said employee may utilize his/her COBRA rights (section 8.0.2).

In accordance with state and federal law, eligible employees who are drafted or who enlist in the military service are placed on a military leave of absence. A military leave of absence is without pay. The immediate Supervisor must approve all applications for military leave and a signed copy of the military orders must accompany the request. Upon completion of the active duty, employees must comply with the state and federal law

8.14 Funeral Leave  -top
Regular full-time employees will be provided five (5) days to be used in the case of a death in the immediate family. The immediate family is defined as: a child, wife, husband, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, or any member of the support staff's household not previously listed.

REF.: Policy GCH

8.15 Holidays
Belle Fourche School District recognizes and observes eleven (11) holidays as paid holidays for full-time custodians and full-time Central Office secretaries.

Allowed holiday pay shall be defined as the normal work hours for the eligible position of compensation based on employee’s regular rate of pay. Holiday Pay shall not be used in the computation of overtime.

REF.: Policy GCI

8.15.1 Employees on Leave
An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. An employee who is on a paid personal leave will be eligible for holiday pay for a designated holiday observed during the leave of absence.

An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence.

8.16 Civic and Charitable Duties
Regular full-time employees may be excused up to two days at the discretion of the superintendent to discharge civic responsibilities in which he has achieved leadership. Upon written request to the superintendent, additional days of leave may be granted to perform civic functions. All such leave taken shall be charged against the teacher’s available sick leave.

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Policy 9
Performance Evaluations

9.0 General
Performance evaluations are designed to provide the employee with a record of his/her performance, to encourage professional growth and to promote communication between the Supervisor and the employee. Performance appraisals will be conducted a minimum of once during the employee’s training period (at the conclusion).

The performance evaluations are to be structured to each employee’s position. The purpose of the evaluation is to commend strengths, address weaknesses, suggest ways to improve, and to discuss employee goals and objectives. Evaluations will be conducted in a private meeting between the employee and his/her Supervisor. Employees are required to sign his/her evaluation and will receive a copy. Signing does not imply agreement but that the contents have been made known or discussed with the employee.

9.1 Class 1 Evaluations  -top
Performance of Class 1employees are reviewed with the School Board, by the Superintendent, at a meeting in February. Employees are recommended for employment for the next school year, to the School Board by the superintendent a meeting in March. Employees will be given written notice of whether the District will or will not be offering to them a new employment contract for the next succeeding school year on or before April 10.

9.2 Class 2 Evaluations
It is the intent of the School Board to provide performance evaluation which monitors all aspects of teaching. The ultimate goal of this appraisal is to improve teaching and to encourage professional growth. A cooperative approach toward evaluations will be maintained between teachers and administrators. The performance evaluation will treat all personnel with respect, dignity and consideration.

The Belle Fourche School District establishes the following guidelines to assist in the administration of the policy.

1. Within two weeks after the beginning of each school year, the appropriate supervisor will acquaint each employee under his/her supervision with the evaluation procedures, standards and instruments to be used. The supervisor will also inform the employee which supervisor has been designated to observe and evaluate the employee's performance. The purpose of this orientation is to achieve mutual understanding of the evaluation system. No evaluation will take place until such orientation has been completed. A new employee or an employee reassigned after the beginning of the school year will be notified by the appropriate supervisor of the evaluation procedures in effect. Such notification will be within two (2) weeks of the first day in the new assignment.

2. An appropriate supervisor(s) will be designated to orient and evaluate each employee not specifically assigned to a particular building. Such orientation and evaluation will require the same schedule and procedures as stated in number 1.

3. All formal classroom observations of an employee will be conducted with the full knowledge of the employee. The use of public address or audio systems or other such devices to monitor an employee's performance is prohibited unless there is prior written notice that this may occur. No observations should unduly interfere with normal teaching-learning process. Employees will be notified at least one (1) working day before any formal observation for purposes of evaluation.

4. Employees will be observed on an informal basis in the course of their duties.

5. All contract employees will be evaluated formally as follows:

a) In each of the first two years in the District at least two formal observations and a summative evaluation shall be completed prior to April 1.

b) After the second year in the District, at least once a year. Additional observations and/or evaluations may be conducted as requested by the appropriate supervisor or the employee.

c) For those teachers who demonstrate proficiency, evaluations may move toward an annual alternative assessment.

Although the purpose of evaluation is to improve instruction, a teacher's failure to demonstrate proficiency may lead to termination proceedings. Should termination proceedings result, the teacher in question is entitled to due process under the provisions of District Policy and South Dakota Codified Law.

See Policy GAC for evaluation of related employees.

REF.: Policy GBE

9.3 Class 3 Evaluations  -top
The development of a strong, competent staff, and the maintenance of high morale among this staff, are major objectives of the Board. Finding the right employees to fill vacancies, determining assignments and equitable work loads, establishing wage and salary policies which encourage employees to put forth their best efforts, evaluating employee achievements, and providing a good atmosphere in which to work are some of the major duties of the Board. To fulfill these duties, the Board delegates to the Superintendent, or his designee, the responsibility to develop evaluation procedures for all support personnel.

Employees will receive written evaluations at least twice per year for the first two years of employment and at least once every two years thereafter by their supervisor. Additional evaluations may be made more frequently for employees needing assistance and improvement.

REF.: Policy GCE

9.4 Evaluation Guidelines (Nepotism)
Whenever a supervisor is closely related to an employee such as husband, wife, son, daughter, mother, father or someone from the supervisor's immediate household, and the employee is directly under that person's supervision, that employee will be evaluated by another school administrator, as designated by the Superintendent. The Superintendent will inform the School Board of said designations.

REF.: Policy GAC

9.5 Disciplinary Responsibility  -top
Certified personnel should assume major responsibility for discipline in their respective areas. Area situations can usually be best solved and controlled by the teacher in charge. If a conflict persists, the principal should be consulted.

Disciplinary measures shall not involve use of academic downgrading. Group punishments should be used with discretion. Extreme caution should be used before giving extra assignments of subject matter for disciplinary purposes.

The use of corporal punishment, defined as any act of physical force on a pupil for the purpose of punishing that child, is not acceptable in this District and will not be tolerated as a disciplinary measure.

REF.: Policy GBLA and Policy JGA

Belle Fourche School District recognizes that South Dakota is an employment at-will state and the intent of the District is to maintain the employment at-will status of all employees.

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Policy 10
Communicable Diseases

10.0 General Policy
The Board recognizes its responsibility to provide a clean and healthy environment for students and school employees. The determination of whether an infected employee be excluded from work activities shall be made on a case-by-case basis, under the direction of the principal/building administrator or designee.

In situations where the decision requires additional knowledge and expertise, the principal will refer the case to an advisory committee for assistance in determining the proper course of action. The advisory committee may be composed of:

    1. A representative from the State Health Department;
    2. The employee's physician;
    3. The employee and/or designee;
    4. The school health service's supervisor;
    5. The superintendent or designee; and
    6. Other appropriate school personnel.

In making the determination, the advisory committee shall consider:

    1. The physical condition of the school employees;
    2. The expected type(s) of interaction with others in the school setting;
    3. The impact on both the infected school employee and others in that setting;
    4. The South Dakota Department of Health guidelines and policies;
    5. The status of certification of the employee as is promulgated in SDCL 12-43-3 and SDCL 13-43-3.3;
    6. The recommendation of the County Health Officer, which may be controlling;
    7. Information regarding the infected employee which is deemed part of his/her personnel records, therefore is classified as "Confidential" as required by SDCL 1-27-3.

The advisory committee may officially request assistance from the State Department of Health.

REF.: Policy GANA

10.1 Students/Employees Infected  -top
If employment of an infected employee is to be interrupted or discontinued, the employee will be entitled to use available medical leave ad receive available benefits. Public information will not be revealed about the employee who may be infected.

If the employee is permitted to remain in the school setting, the principal will follow the following procedure.

    1. Information will be provided, as appropriate to school employees who have regular contact with the employee/student, as to the medical condition and other factors needed for consideration in carrying out job responsibilities.
    2. Health guidelines for work attendance are established and interpreted within the context of the case.
    3. The guidelines are not inclusive but are available to be used as a resource.
    4. School personnel will refer to school health professionals for specific judgments in interpreting the guidelines.
    5. Specific health concerns may require the advisory committee to make a determination on school attendance or participation in school activities.

REF.: Policy GANA

10.2 Blood Borne Pathogens  -top
These are the instructions for appropriate handling of blood and body fluids. Hand washing after contamination, food preparation and health/hygiene care performed in different sink and work areas, maintenance cleaning and other personal hygiene measures are part of creating a healthy environment.

The School District regardless of whether employees or children with AIDS/ARC or HTLV-111 antibody are known to be in attendance, adopts the following procedures for handling blood or body fluids.

    1. School health care workers, and other employees should be educated about these procedures.
    2. Interior surfaces soiled with blood, vomitus, urine, feces or saliva should be promptly cleaned with a detergent, followed by a disinfectant such as a freshly prepared solution of household bleach (sodium hypochlorite) which is both inexpensive and very effective.
    3. Concentrations ranging from a 1:10 dilution to 1:100 dilution of bleach to water are effective, depending on the amount of organic material present on the surface to be cleaned and disinfected.
    4. After removal of the major portion of the spill with a detergent, soiled surfaces can also be decontaminated with other germicides that are approved and registered by the US Environmental Protection Agency (EPA) as "hospital disinfectants" capable of killing tuberculosis germs.
    5. Information on specific commercial germicides can be obtained by writing to the Disinfectants Branch, Office of Pesticides, Environmental Protection Agency, 401 M Street, and S.W., WASHINGTON, D.C. 20460.
    6. Disposable towels or tissues should be used whenever possible and disposed of properly, and mops should be rinsed in the disinfectant.
    7. Cleaning personnel should always avoid exposing any open skin lesions to blood or body fluids and should wear disposable gloves when cleaning up spills. In any setting involving the exposure of blood and body fluids soaked item (e.g., sanitary napkins, towels, used bandages and dressings) should be disposed of in sealed plastic bags.
    8. Laundry and dishwashing cycles commonly used in school facilities and commercial establishments are adequate to decontaminate linens, dishes, glassware, and utensils.

REF.: Policy GANA

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Policy 11
Separation from Service

11.0 General Procedures
All employees who are leaving his/her job with Belle Fourche School District for any reason are asked to participate in an exit interview. On an employee’s last day of employment, he/she is required to return all District property to his/her Supervisor. Final paychecks are mailed to a worker's home address or directly given to the employee on the next regular payday. Belle Fourche School District makes every effort to ensure that all terminations and separations from employment are conducted in accordance with all provisions and requirements of applicable federal and state laws.

11.1 Definitions  -top

    1. Voluntary Separation: Written resignation, extended absence without proper notification, or retirement. The employee initiates voluntary separation.  

    2. Involuntary Separation: Layoff or discharge of an employee. An employee does not initiate involuntary separation.

11.2 Return of District Property
Employees are expected to return all District property at the time of his/her departure from service. Belle Fourche School District reserves the right to withhold from the employee’s final paycheck the amount for any property that is not returned or for which there is no explanation for the absence of the property. Belle Fourche School District may take further action if necessary to recover District property.

11.3 Voluntary Separation  -top

11.3.1 Resignation
Belle Fourche School District employees may resign from District service by giving his/her Supervisor written notification of his/her resignation at least two (2) weeks in advance of his/her leaving District service. In extenuating circumstances, the Supervisor may accept the employee’s resignation as taking effect immediately. Appropriate paperwork will be completed prior to the employee’s last working day, including but not limited to retirement, insurance, payroll, etc.

11.3.2 Unnotified Absence
If an employee is absent for more than two (2) consecutive days without proper notification, he/she shall be considered to have voluntarily resigned his/her position with Belle Fourche School District. Re-instatement upon presentation of extenuating circumstances or reason for such absence shall be at the discretion of the Superintendent.

11.3.3 Retirement
Employees are asked to notify his/her immediate Supervisor at least one month before his/her planned retirement date. During that time, employee will be given the appropriate paperwork for retirement purposes.

11.4 Involuntary Separation  -top
Belle Fourche School District recognizes that South Dakota is an employment at-will state and the intent of the District is to maintain the employment at-will status of all employees.

11.5 Break In Service-Contracted Employees Class 2 Only
If a Class 2 employee intends to resign from his or her position, notice must be given to the Board prior to contract renewal. Should a professional staff member resign at a time other than that of contract renewal, Board approval will be required to dissolve the contract. If the request to be released from the contract is granted by the School Board, the staff member shall be required to pay liquated damages as specified by the School Board.

After June 1, the staff member shall pay the School District $500.00;
After July 1, the staff member is to pay the School District $1,500.00; and
After August 1, the staff member is to pay the School District $3,000.00.

Such sum is to be deducted from the balance due the staff member from the School District and if no balance exists, said amount is to be paid by the staff member before such release shall be granted. The amount being deemed as consideration for such release and as liquidated damages as well as for defraying expenses in securing a replacement.

As an incentive for staff to notify the Board of their intent not to return the following, the Board offers the following Early Resignation Incentive to be paid with the employee’s last check:

Resignation acted on prior to January 15 - $500.00;
Resignation acted on prior to February 15 - $400.00; or
Resignation acted on prior to March 15 - $300.00.

Employees electing Voluntary Separation or who have been given intent of non-renewal will not qualify for this incentive.

NOTE: Liquidated damages or early resignation incentives will be prorated as per percentage of FTE.

REF.: Policy GBPB

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Appendix I
Collective Bargaining Agreements

I.1 The District of Belle Fourche’s Role in Contract Agreements
The District has recognized the Belle Fourche Education Association (BFEA) and Belle Fourche Administrative Team (BFAT) as the exclusive bargaining agents for the Class 1 and Class 2 employees within their respective bargaining units, and has entered into written collective bargaining agreements (CBA) with each of them. The District has thereby accepted the principle of collective determination of wages, hours, and conditions of employment, to be exercised in accordance with the principles set forth in the bilateral, contractual agreements to which the District is a party. The District enters into these agreements in good faith, and it is its policy and intent to abide by the letter and the spirit of the agreements. Each supervisor/manager should become acquainted with the provisions of the agreements covering employees in his or her area of responsibility.

I.2 Interpretation of Contract Language  -top
While the agreement outlines the principal terms negotiated between the District and the union, it may not cover every situation. From time to time, specific circumstances arise which require interpretation of the contract language. Such interpretation may lead to controversy, which in turn may lead to the need for resolution through the grievance procedure of the agreement. However, mutually acceptable interpretation generally is agreed upon between the District and the representatives of the union. When such interpretations are reached which could affect the supervisor-employee relationship, supervisors will be advised.

This Manual will cover the employees where there is no written contract and may be helpful in answering issues not specifically covered in the union agreements. Questions relating to union matters and interpretations of union agreements or contract language should be referred to the Superintendent or his/her designee.

I.3 Policy Against Discrimination Because of Union Activity
It is contrary to District policy for any representative of the management of the District to discriminate against any employee because he or she is a member of a union or active in a union. This policy applies to consideration for promotion and or transfer, assignment of job duties, discipline, and other related decisions that are the responsibility of the supervisor.

I.4 The Role of the Union Steward  -top
The union representative, or Steward, is an elected spokesperson for a group of employees in a particular work area. It is the representative's duty to look after the members' interests, both within the union, and in their collective bargaining relationship with the District. A sincere and well-intentioned Steward who has the confidence of the employees can help to prevent misunderstandings and may often settle complaints before they become formal grievances. Wherever possible, a cooperative and reciprocal relationship should be established wherein the supervisor and the Steward can work together to the benefit of both the employees and the District. The supervisor can help to promote this relationship by discussing anticipated changes and developments with the Steward, giving courteous attention to the Steward's views on matters affecting employees, and otherwise showing that the Steward's position and role is recognized and respected. However, the supervisor should not permit the steward to share in managerial decisions or to substitute for the free and natural exchange between supervisor and employee which is essential to a good employment relationship.

I.5 Time Off for Union Business
In general, it is the policy of the District to accommodate requests for time off for union business to the extent that such requests are reasonable and legitimate. Election to union office, however, does not entitle an employee to leave his or her work whenever he or she or the union considers it appropriate. All time spent on Union activities must be approved by the Supervisor.

I.6 Conduct Expected of Supervisors
A supervisor is expected to control the activities of his or her work area and the conduct of personnel for whom he or she is responsible in an effective and reasonable manner when union business is involved. The supervisor also is expected to respect the rights of the union and its representatives.

If a union representative requests time off for union business, a limited but reasonable period of time should be granted if the lost time will not be in conflict with the interest of the work. If the workflow will not permit the Steward to be released at the time requested, then another time period should be arranged that is mutually convenient and practical.

A union Steward from another department may ask to visit the work area to conduct union business. He or she should be accommodated if reasonable adjustments to the work schedule can be made at the time requested. If the work may not be reasonably interrupted at the time requested, then a more appropriate time should be arranged with the representative.

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Personnel Policy and Procedures Manual
Acknowledgment Form – EMPLOYEE COPY

This will acknowledge my receipt of Belle Fourche School District’s Personnel Policy and Procedures Manual and my responsibility to become familiar with its contents. I further understand and agree to the following:

  1. This handbook represents a brief summary of some of the more important District policies relative to employment, but not intended to be all-inclusive of District policies or practices.

  2. Belle Fourche School District retains the sole right in its business judgment to modify, suspend, interpret, or cancel, in whole or in part, at any time, and with or without notice, any of the published or unpublished personnel policies or practices.

  3. Belle Fourche School District does not recognize verbal or implied contracts for employment. Only the School Board President has the authority to enter into any agreement of employment for specified durations. Such employment agreements will only be valid and binding on Belle Fourche School District when the agreement is set forth in a written document signed by the employee and School Board President.

  4. The contents of this manual do not constitute an expressed or implied contract of employment.

  5. I understand that Belle Fourche School District maintains the At-Will status for all employees in accordance to state law.

  6. I understand the Nondiscrimination and Harassment Policies and will abide by them.

 

Employee's Name (Print or type):

Employee’s Signature:                                              Date:

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Personnel Policy and Procedures Manual
Acknowledgment Form – EMPLOYER COPY

This will acknowledge my receipt of Belle Fourche School District’s Personnel Policy and Procedures Manual and my responsibility to become familiar with its contents. I further understand and agree to the following:

  1. This handbook represents a brief summary of some of the more important District policies relative to employment, but not intended to be all-inclusive of District policies or practices.

  2. Belle Fourche School District retains the sole right in its business judgment to modify, suspend, interpret, or cancel, in whole or in part, at any time, and with or without notice, any of the published or unpublished personnel policies or practices.

  3. Belle Fourche School District does not recognize verbal or implied contracts for employment. Only the School Board has the authority to enter into any agreement of employment for specified durations. Such employment agreements will only be valid and binding on Belle Fourche School District when the agreement is set forth in a written document signed by the employee and School Board President.

  4. The contents of this manual do not constitute an expressed or implied contract of employment.

  5. I understand that Belle Fourche School District maintains the At-Will status for all employees in accordance to state law.

  6. I understand the Nondiscrimination and Harassment Policies and will abide by them.

 

Employee's Name (Print or type):

Employee’s Signature:                                                     Date:

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Belle Fourche School District Harassment/Discrimination Complaint Form

Grievant Information                                             Person Receiving Complaint

Name:                                                                         Name:

Work Location:                                                          Work Location:

Position:                                                                     Position:

Telephone Number(s):                                             Telephone Number(s):

THE FACTS. (Please describe what happened in factual detail. Please identify witnesses or others who were present. Describe the impact (effect) this had on you. Please identify any person(s) you believe

may be responsible. Use additional paper if needed and attach to this form. The following information should be included in statement: the name and address of the individual or representative filing the complaint, a description of the alleged discriminatory action in sufficient detail to inform the entity of the nature and date of the alleged violation. The complaint must be signed by the complainant or authorized representative. Complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination.

 

If others are affected by the possible violation, please give their names.

 

PAST HISTORY: (Please describe any past incidents you believe are related to this grievance.)

 

SUGGESTED REMEDY: (Please describe any corrective action (remedy) you wish to see taken in regard to the possible violation. You may also provide other information relevant to this grievance.)

 

 

Signature of Grievant:_______________________     Date:

Signature of Person Receiving Grievance:_____________________    Date:


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Americans with Disability (ADA) FORM A
Employee Disability Request From

The employee completing this form is requesting American With Disabilities Act accommodations.  This form, along with ADA Form B (Physicians Certificate and Consent Form), and Job Description criteria will be examined by Supervisor/Commission/Designee staff for suitability.   Written notification on the status of the claim shall be mailed (certified) to the employee initiating the claim.  Please note that further documentation may be necessary to adequately determine the suitability of this request.  Please be sure to attach completed ADA Form B and a Job Description before submitting your request.

ADA Form A

 

 

FORM A: Employee Disability Accommodation Request

EMPLOYEE: ¨ Full-time ¨ Part-time ¨ Seasonal

Employee Name (Last, First, Middle)

Department: Position Title:

1. Please describe the limitation you are addressing:

2. How does your disability affect the essential function of your job?

3. Do you have a suggestion on an accommodation? ¨ Yes ¨ No

If yes, please describe:

4. Please describe how you will benefit from it:

Employee Comments:

¨ I have attached a completed Physician's Certificate form.

¨ The Physician's Certification is being sent under separate cover.

¨ I have not seen my physician. My appointment is .

If you have any questions regarding my request, please contact me at .

Employee Signature Date

(Attach Job Description)

ADA FORM B: Physician's Certificate

Patient Name:                                                                        Examination Date:

¨ I certify that the above named patient is [permanently/temporarily] disabled and (circle one)

[may/may not] require accommodation.
  (circle one)

¨ I examined the above named patient on ______________ and certify that the patient has the following [permanent/temporary] functional limitation(s)

                           (circle one)

¨ I examined the above named patient on ________________ and I am unable to make a determination without further examination. The patient is scheduled for a follow-up examination on _____________ with __________________.

¨ I examined the above named patient on __________ and I have not found any limitations at this time. This patient may return to regular duty without restrictions on .

Physician Comment:

 

Physician's Printed Name

(Complete Address, City, State and Zip)
(Phone)

Physician's Signature Date

Please return form to: COMPANY, ADDRESS, CITY, STATE and ZIP

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Consent Form

Verbal Consent    Yes   No      

Written Consent
I consent to allow the Belle Fourche School District to obtain information regarding the enclosed accommodation request including the doctors permission to release all necessary medical information regarding accommodation request.

I understand that Dr. __________________ may have to produce a report based on previous examinations as well as current examinations. This information will assist in the accommodation request.

 

Signed ____________________   Date  ______________

Adopted 01-10-05  1st Reading 12-13-04

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