The Washington Parish School Board met in regular session on the above date with the following members present: President Bringier H. Barker, Karl Bickham, Hayward Boone, Susanne Jones, Harold Smith, Richard Ned Thomas, Bruce Brown, Holly James, and Freddie Jefferson. Absent: None.
Agenda Item #1 - Call to order.
The meeting was called to order by President Barker.
Agenda Item #2 - Invocation.
The invocation was given by Bruce Brown.
Agenda Item #3 - Pledge of Allegiance.
Agenda Item #4 - Consider a motion to adopt the minutes of the December 14, 1995, board meeting.
It was moved by Karl Bickham, seconded by Susanne Jones, that the Board adopt the minutes of the December 14, 1995, board meeting as submitted to each board member. Motion carried unanimously.
Agenda Item #5 - Consider a motion to accept or reject bids received for the purchase of Internet Hardware, Software and Installation for Franklinton Jr. High School, Franklinton High School and Mt. Hermon School.
Martha Sumrall, Technology Director, reviewed the sole bid received from DataFlex, Clearwater, Florida. It was moved by Freddie Jefferson, seconded by Harold Smith, that the Board accept the bid submitted by DataFlex in the amount of $13,531.00 for the purchase of Internet Hardware, Software and Installation for Franklinton Jr. High School, Franklinton High School and Mt. Hermon School, as recommended by Martha Sumrall. Motion carried unanimously.
Agenda Item #6 - Consider a motion to accept or reject bids received for the sale of a 1975 Chevrolet 60-Passenger School Bus, VIN #CSE625V143975, belonging to Mt. Hermon School.
Superintendent Coleman reported that one (1) bid was received and it was submitted by Avant A. Vernon in the amount of $803.52. This bid was acceptable by Dennie Fowler, Principal, Mt. Hermon School. It was moved by Harold Smith, seconded by Hayward Boone, that the Board accept the bid submitted by Avant A. Vernon in the amount of $803.52 for the sale of a 1975 Chevrolet 60-Passenger School Bus, VIN #CSE625V143975, belonging to Mt. Hermon School. Motion carried unanimously.
Agenda Item #7 - Consider a motion to authorize advertisement for bids for the purchase of a computerized IEP program.
Upon the recommendation of Superintendent Robert Coleman, it was moved by Susanne Jones, seconded by Freddie Jefferson, that the Board authorize advertisement for bids for the purchase of a computerized IAP program for use in the Special Education Program. Motion carried unanimously. Advertising dates will be January 17, 24 & 31, 1996. Bids will be accepted until 10:00 A.M., Wednesday, January 31, 1996, at which time they will be opened. Recommendations will be presented to the School Board February 8, 1996.
Agenda Item #8 - Consider a motion to delete the portion of the recently amended coaching pay supplement which states, “Any assistantship or JV position that is not filled should be divided equally among the coach(es) in that sport.”
It was moved by Holly James, seconded by Bruce Brown, that the Board delete the portion of the recently amended coaching pay supplement which states, “Any assistantship or JV position that is not filled should be divided equally among the coach(es) in that sport.” Roll call vote was as follows:
District 1 - Harold Smith FOR
District 2 - Karl Bickham FOR
District 3 - Bruce Brown FOR
District 4 - Richard N. Thomas ABSTENTION
District 5 - Hayward Boone AGAINST
District 6 - Susanne Jones AGAINST
District 7 - Holly James FOR
District 8 - B. H. Barker FOR
District 9 - Freddie Jefferson FOR
The vote being SIX (6) FOR, TWO (2) AGAINST, and ONE (1) ABSTENTION, the motion carried.
Agenda Item #9 - Consider a motion to extend the 90-day period of sick leave for Vivian Peters for the remainder of the school year, unless released earlier by her physician.
It was moved by Hayward Boone, seconded by Freddie Jefferson, that the Board extend the 90-day period of sick leave for Vivian Peters for the remainder of the school year, unless released earlier by her physician. Motion carried unanimously.
Agenda Item #10 - Consider a motion to adopt the 1995 Louisiana legislation policy changes as part of the Washington Parish School Board Policy Manual.
Upon the recommendation of Superintendent Coleman, it was moved by Freddie Jefferson, seconded by Bruce Brown, that the Board amend Washington Parish School Board Policy File: GBKA - Reduction in Force, to include the following:
Section 5 - Criteria for Termination
5. No tenured teacher with a satisfactory performance and evaluation in a particular area of certification will be dismissed prior to all probationary teachers in that area of certification. For the purpose of this reduction in force section, employees with teaching certificates who are funded under federal programs shall have the same classification as tenured employees, if they would have acquired tenure as a regular teacher.
It was moved by Harold Smith, seconded by Holly James, that the Board adopt the following 1995 Louisiana legislation policy changes as part of the Washington Parish School Board Policy Manual: (See Attachment)
File: DC Annual Operating Budget
File: DFL Investments
File: DJED Bids and Quotations
File: EBBG Hazardous Substances
File: GAE Complaints and Grievances
File: GBRIB Illness
File: GCD Support Personnel Employment
File: IKDC Prayer In Schools
File: JBC School Admission
File: JBD Absences and Excuses
File: JDD Suspension
File: JGC Student Health Services
File: JGCD Administration of Medication
and ask Board Attorney and Superintendent Coleman to obtain a copy and interpretation of LA Rev. Stat. Ann. 17:493.1, which revised Policy GCD - Support Personnel Employment, in order for the Board to consider the process of filling new and/or vacant bus routes. Motion carried unanimously.
Agenda Item #11 - Consider a motion to amend the personnel transfer policy.
Superintendent Coleman recommended the following changes to Washington Parish School Board Personnel Transfer Policy, File: GBM:
Page 1, Paragraph 1: The following phrase has been deleted:
“for any succeeding scholastic year”.
Page 2, Paragraph 1:
Addition: “and Personnel Supervisor”
Addition: “and make a recommendation to the Superintendent to fill
the position.”
Page 2 - An additional paragraph has been inserted immediately following
the first paragraph (“When a vacancy occurs during the school
year. . . . . .”), which reads as follows:
“When a vacancy occurs during the school year, at
the end of that school year, transfer requests will be
considered by the principal and Personnel Director.
The principal and Personnel Supervisor will make a
recommendation to the Superintendent to fill the
position. If a certified teacher is employed to tem-
porarily fill that vacancy, he/she may be transferred
to any vacancy in his/her area of certification.”
Following discussion, it was moved by Freddie Jefferson, seconded by Richard N. Thomas, that this item be tabled until the next board meeting to allow for further discussion and input from the principals. Motion carried unanimously.
Agenda Item #12 - Discuss and take appropriate action regarding Personnel and Transportation Adjustments.
It was moved by Harold Smith, seconded by Hayward Boone, that the following Personnel Adjustments be approved as presented by Supervisor Anthony Triola:
PERSONNEL ADJUSTMENTS
REQUEST FOR LEAVE:
Franklinton Elementary School: Sherri Thomassen, Special Education Paraprofessional, Leave Without Pay effective the Spring semester of the 1995-96 school year (January 15, 1996, through May 30, 1996).
Special Education Office: Sarah Kuhn, School Psychologist, Extended Sick Leave effective January 2, 1996, through January 12, 1996.
EMPLOY:
Franklinton Jr. High School: Chanda S. Corkern, Regular Teacher, effective January 12, 1996 (replacing Edna Lowe, who was transferred to Franklinton High School as Home Economics Teacher).
TRANSPORTATION ADJUSTMENTS
None.
Motion carried unanimously.
Agenda Item #13 - Superintendent’s Report.
Superintendent Coleman reminded the Board that Tuesday, January 16, 1996, is staff development for teachers. Students do not attend school on this day.
It was moved by Harold Smith, seconded by Karl Bickham, that the Board re-schedule the January 25, 1996, board meeting for Tuesday, January 23, 1996, due to several board members visiting a 4 x 4 block schedule school in Dothan, Alabama on January 24 & 25, 1996. Motion carried unanimously.
Agenda Item #14 - Other business from board members.
Susanne Jones asked Superintendent Coleman to verify that a high school diploma or GED is required of all employees of the Washington Parish School Board. Superintendent Coleman stated that, according to the minutes, the Board reinstated the policy of requiring a high school diploma or GED for all non-instructional positions (effective February 13, 1992, for all new employees). The Washington Parish School Board Policy Manual does not reflect this requirement in all the appropriate policies. The policy updating service will be notified to make the necessary revisions and send copies of the revised policies for insertion in all policy manuals.
Karen Spears, Principal, Franklinton Elementary School, inquired about the Board’s decision regarding all schools pursuing Southern Association accreditation.
President Barker stated that the Board would like for the schools to proceed with the accreditation process.
Agenda Item #15 - Adjourn.
President Barker declared the meeting adjourned.
BRINGIER H. BARKER, PRESIDENT
ROBERT L. COLEMAN, SECRETARY
ATTACHMENT TO MINUTES OF WASHINGTON PARISH SCHOOL BOARD
REGULAR MEETING HELD JANUARY 11, 1996
File: DC - Annual Operating Budget
The School Board shall approve an annual budget for the general fund and each special revenue fund for the fiscal year July 1 to June 30, no later than September fifteenth of each year. The School Board shall submit a copy of its adopted budget to the State Superintendent no later than September thirtieth of each year, as well as a general summary of the adopted budget. The summary shall include projected revenues and receipts, expenditures and disbursements, beginning and ending fund and cash balances.
It shall be the responsibility of the Superintendent and designated members of his staff to prepare the operating budgets for submission to the Board. The budgets shall be prepared on forms in accordance with such rules and regulations as may be prescribed by statutes and by the State Superintendent of Education. Said budgets shall be submitted to the Board for the purposes of revision and approval prior to submission to the State Superintendent.
After the Board has reviewed the proposed budget and made desired changes, if any, the Board shall cause to be published a notice in the official journal stating that the proposed budget is available for public inspection no later than fifteen (15) days prior to the beginning date for budget adoption. The notice shall also state that a public hearing on the proposed budget shall be held specifying the date, time and place of the hearing. The proposed budget shall not be considered for adoption or otherwise finalized until at least one public hearing has been conducted on the proposal. The Board shall also cause to be published in the official journal a general summary indicative of the proposed budget. The summary shall be published at least ten (10) days prior to the date of the first public hearing and may be published in the same advertisement as the notice of availability of the proposed budget and the public hearing. The summary shall include:
1. Information on estimated funds available and anticipated disbursements; and
2. Explanations of significant changes from the prior year’s budget.
The Board shall certify completion of all action required by publishing a notice in the same manner as provided above.
No budget shall be approved where expenditures exceed the expected means of financing. No items of expense may be incurred through the year except as provided for in the approved budget unless a revision is adopted and approved by the Board. The budget shall be reviewed periodically and such financial reports as the Board directs shall be prepared and presented to the Board by the Superintendent.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:88, 17:89, 39:1301-1316.
File: DFL - Investments
The School Board, in accordance with statutory provisions, may invest any funds which are available for investment and are above the immediate cash requirements of the Board, from whatever source derived, in statutorily sanctioned investments. Types of investments include Direct U. S. Treasury obligations, bonds, debentures, notes issued by or guaranteed by federal agencies, or certificates, or time certificates of deposit in state banks organized under the laws of Louisiana, and national banks having their principal office in the State of Louisiana, or any other federally insured investment. The interest earned on any such investment shall be credited to the fund from which the investment was made.
The Board shall authorize its President and Superintendent, as treasurer, to invest any surplus funds in whatever type deposit that will offer the Board the most favorable rates of interest.
Investments of the Board shall be guided by the following:
1. Cash management and investment activities shall be
conducted in a manner consistent with prudent business
practices applied by governmental entities and shall be
in compliance with applicable statutes.
2. Funds as determined by the chief financial officer to be
in excess of immediate cash requirement shall be invested
only in statutorily permitted obligations.
3. Appropriate emphasis in making any investment shall be as
follows:
a. First priority shall be to ensure safety of the principal
amount.
b. Second priority shall be ensure liquidity of funds to
meet all obligations of the Board.
c. Third priority shall be the yield of the investments.
In no event shall monies be considered available for investment unless and until such funds are determined by the Superintendent or chief financial officer, in the exercise of prudent judgement, to be in excess of the immediate cash requirements of the fund to which the monies are credited. As a criteria in making such a determination, any amount of money exceeding ten thousand dollars which is on demand deposit to the credit of the School Board, or to the credit of any fund and which is not required to meet an obligation for at least forty-five (45) days, or any amount of money exceeding one hundred thousand dollars which is on demand to the credit of the School Board or to the credit of any fund and which is not required to meet an obligation for at least fifteen (15) days shall be construed available for investment.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:99, 33:2955, 39:1271.
File: DJED - Bids and Quotations
The Board shall advertise and let by contract all public work exceeding $50,000 or such sum as allowed by law, including labor and materials, and all purchases of materials or supplies exceeding the sum of $10,000, with limited exception. The contract shall be awarded to the lowest responsible bidder who has bid according to the plans and specifications advertised, unless stipulated otherwise by the Board.
Purchases of materials or supplies of at least $5,000, but not more than $10,000 shall be made by obtaining not less than three (3) telephone or facsimile quotations. A written confirmation of the accepted offer shall be obtained and made a part of the purchase file. If quotations are received that are lower than the quote accepted, a notation shall be entered into the file as to the reasons for rejection of the lower quotes.
As an evidence of good faith of the bidder, the Board shall require bidders for construction, improvement, repair, or other work to attach to the bid submitted, a bid bond, certified check, or cashier’s check for not more than five percent (5%) of the contract work to be done. The Board may require a bid bond or certified or cashier’s check of not more than five percent (5%) of the estimated price on bids taken for supplies and materials.
In cases of extreme emergency when time is not sufficient to advertise for bids, the Board is permitted by law to declare a resolution that a public emergency exists and extend a contract for more than the sums mentioned without going out to bid; however, in such cases every effort shall be made by the administration to secure competitive quotations through negotiations.
All advertisements for bids shall appear in the newspaper selected as the official journal for the School Board, except in extreme emergencies as may be declared by the Board. Any advertisement for any contract for public works, when published, shall appear once a week for three (3) different weeks as follows:
a. For bids where the construction cost estimate is less than
$500,000, the first advertisement shall appear at least twenty-five
(25) days before the opening of bids; or
b. For bids where the construction cost estimate is more than
$500,000, the first advertisement shall appear at least thirty
(30) days before the opening of bids.
Any advertisement for the purchase of materials or supplies, when published, shall be published two 92) times, the first advertisement appearing at least fifteen (15) days prior to the opening of bids. In any advertisement, the first publication shall not occur on a Saturday, Sunday, or legal holiday.
All bids shall be opened in public in the presence of one or more witnesses, at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and open to public inspection. However, the Board shall not accept or take any bids including receiving any hand delivered bids, on days which are recognized as holidays by the U. S. Postal Service. The Superintendent and/or other appropriate administrators shall review, summarize and report bids to the Board with recommendations for final action.
Revised: December, 1995
Ref: L. Rev. Stat. Ann. 38:2211, 38:2212, 38:2214, 38:2218, 38:2251, 39:1551 et seq.
File: EBBG - Hazardous Substances
PESTICIDES
The Board recognizes that the exposure of school children to pesticides poses known and unknown risks to their health and well-being. Therefore, the School Board shall prepare or cause to be prepared, and submit to the Department of Agriculture and Forestry on or before August first of each year, for each school under its authority, an annual pest management plan that applies integrated pest management strategies of pest prevention methods and strongly recommends the least toxic methods of control for grass and weed control, and rodent and general pest control in, on or around school structures and grounds. Any deviation from the submitted annual pest management plan shall be delivered in writing to the Director of Pesticide and Environmental Programs of the Department of Agriculture and Forestry no later than twenty-four (24) hours prior to any pesticide application. Records of inspections, identification, monitoring, evaluations, and pesticide applications shall be maintained by the schools and submitted with the annual pesticide management plan to the department annually.
In addition to a comprehensive pest management plan, the School Board, in accordance with statutory provisions shall:
1. Assure that the application of any herbicide, rodenticide,
insecticide or restricted use pesticide, in, on, or around
structures or grounds of schools that provide education to
kindergarten through twelfth grade classes shall be done by
Or under the supervision of a certified commercial applicator.
2. Require each school to maintain a hypersensitive student
registry listing the names of students whose parents have
submitted a written statement to the school which shall
include but not be limited to the student’s name and address,
parent’s or guardian’s signature, name and address, and a
written medical verification by a licensed physician which
includes the physician’s signature, name and address.
3. Require that schools shall use, whenever possible, the least
toxic method of pest control. The least toxic method of pest
control may include methods other than the application of
pesticides. A restricted use pesticide shall be applied to a
school building or on school grounds only during periods in
which students are not expected to be present for normal
academic instruction or organized extracurricular activity for
at least eight (8) hours after the application.
4. Require each school to keep a written record of restricted use
pesticides used to control pests, with an entry of pertinent
information about the application being recorded after each
application. The written record shall be kept in each school
and shall be available for inspection during school hours.
5. Employ at least one (1) certified commercial applicator if the
system has less than ten (10) schools or at least two (2) certified
commercial applicators if the system has ten (10) or more schools.
Ref: La. Rev. Stat. Ann. 3:3381-3389.
File: GAE - Complaints and Grievances
Any employee of the Board shall have the right to appeal the application of policies and administrative decisions affecting him/her. The employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to a personal grievance.
All grievances shall be handled expeditiously, and according to the procedures adopted by the Board, as follow:
A. Definitions:
1. A grievance is a claim by an employee or group thereof
that he has suffered harm or injury by the interpretation,
application or violation of a contract, a school board policy,
a law or constitutionally guaranteed rights. The term “grievance”
does not include matters for which the method of review is
prescribed by law where the school board is without authority
to act.
2. Employees covered by this procedure shall mean permanent
employees of the Board.
3. Immediate Supervisor is that employee possessing administrative
authority to direct the activities of the grievant.
B. Procedure:
Grievances shall be processed as rapidly as possible. The number of
days indicated at each level is a maximum, and every effort shall be
made to expedite processing the grievance.
Step 1. After informally and thoroughly discussing any grievance with
their immediate supervisor, upon reaching no satisfactory resolution
of the grievance, and employee shall promptly present the grievance
in writing to the immediate supervisor. Such notice shall be presented
no later than five (5) working days from the date of discussion with the
immediate supervisor. The written grievance submitted shall state
the nature of the grievance and the harm or injury caused that initiated
the grievance. The employee and the immediate supervisor shall
attempt to resolve the grievance. The immediate supervisor shall make
a proper disposition of the grievance and shall reply to the employee
within five (5) working days following the date of submission. If the
grievance is not submitted within the time prescribed, the employee
shall be deemed not to have further right with respect to said grievance.
Step 2. In the event the employee wishes to appeal the decision in
Step 1 or if no decision has been rendered in the time specified, the
appeal must be presented in writing to the next administrative officer
of higher rank than the grievant’s immediate supervisor. Such appeal
shall be presented within five (5) working days of the Step 1 decision.
Such appeal shall contain a statement of the grievance and specific
references to the action taken causing the grievance. The administrative
officer shall schedule a meeting with the employee as promptly as is
reasonably possible to attempt to resolve the grievance. Notice of the
conference shall be given to all parties involved in an alleged grievance.
The administrative officer shall issue a written decision to the grievant
within five (5) working days after the conference. Unless the grievance
shall be so appealed, it shall be deemed to have been settled and the
grievant shall have no further right with respect to said grievance.
Step 3. In the event the grievant wishes to appeal the decision at
Step 2, the appeal must be presented to the Superintendent in writing
within five (5) working days of the receipt of the Step 2 decision. A
copy of the Step 3 appeal, together with Step 1 and Step 2 decisions
Shall be submitted to the Superintendent. Upon receipt of such a
written appeal, the Superintendent or his designee shall schedule a
hearing at a specific date and time and send proper notice of the
scheduled hearing to the grievant. The Superintendent or designee, at
the date and time specified, shall conduct a full hearing on the grievance, and in
doing so, maintain a transcript of the proceedings.
Following the hearing, the Superintendent or designee shall make a
written recommendation for disposition of the grievance and provide
a copy of the transcript to the School Board at a meeting of the Board.
Step 4. After reviewing the transcript of the grievance hearing and the
recommendation of the Superintendent or designee, the Board then
shall dispose of the grievance.
C. Miscellaneous
1. A grievance may be withdrawn at any level without prejudice
or record. Additionally, there shall be no recrimination against
a person because a grievance has been filed in accordance with
the provisions outlined herein.
2. Copies of all written decisions of grievances shall be sent
to all parties involved.
3. All documents, communication, or records dealing with a
grievance shall be made part of the grievant’s files and shall
be destroyed only in accordance with Board policy.
4. Appeals of grievance decisions will be limited to the specific
issues raised in the original grievance. The parties involved
will not be allowed to expand the issues during the grievance
procedure, except to the extent necessary to respond to
administrative decisions made along the way.
5. Failure by the employee to meet the time lines and requirements
of this procedure shall result in dismissal of his grievance.
Failure by the administrative person rendering the decision
to meet timelines and requirements of this procedure shall
allow the grievant, at his option, to proceed to the next level
of appeal.
6. If the employee leaves the employment of the Board during the
pendency, at any level, of a complaint or grievance, then the
employee loses the right to continue the complaint process.
D. Representation
The person bringing forth the grievance shall have the right to present
their own grievance. Grievants have the right to have representation
at Steps 2 and 3.
If a person chooses to have representation when presenting their
grievance, said person shall provide advance notice of such in writing
to the immediate supervisor at the respective procedural level at least
two (2) days prior to the meeting on the grievance.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:100.4; Pickering v. Board of Education, 88 S. Ct. 1731 (1968).
File: GBKA - Reduction in Staff Personnel
The School Board shall make provisions for a reduction in the number of employees of the school district, which may be made for reasons of program elimination, declining enrollment, insufficient funds, or other reasons as approved by the Board. All reductions of employees shall be in accordance with requirements contained in state statutes and Board policy. Normal attrition, voluntary retirements, and voluntary leaves of absence shall be considered prior to any staff reduction.
Prior to any reduction in personnel under the provisions stated here, the Board, as employer, shall formally adopt a plan specifying how positions to be reduced in various personnel categories shall be determined. The plan shall include, but not be limited to the following minimum standards to be used in the determination:
1. Certification, if applicable
2. Seniority in the system
3. Tenure of employees
4. Academic preparation, if applicable, in the employee’s field
5. a. The right of an employee notified of an action which
results from implementation of a reduction in force
policy to request in writing a review of such action and
to receive notice of the results of such review.
b. The right of an employee to pursue the matter through
the Board’s grievance procedure.
The Board delegates to the Superintendent and his administrative staff the responsibility for preparing all pertinent procedures for implementing this policy. The procedures developed shall also include provisions for recall of qualified personnel within a specified time period.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:81.4.
File: GBRIB - Illness
SICK LEAVE
The School Board shall grant all employees hired for the school year or longer a minimum of ten (10) days absence per year because of personal illness or other emergencies without loss of pay. However, upon initial employment, no employee shall be allowed any sick leave until he reports for duty and actually performs work. Such leave, when not used, shall be allowed to accumulate to the credit of the employee without limitation. Additional sick leave may be granted by the Board, with or without a reduction in pay, as the Board may determine. The Superintendent shall be responsible for developing and maintaining pertinent regulations and procedures governing sick leave.
An employee who is absent for six (6) or more consecutive days shall be required to present a certificate from a physician certifying such absence upon return to work.
The Board shall pay an employee upon retirement, or to the employee’s heirs or assigns upon his death prior to retirement, for any unused sick leave, not to exceed twenty-five (25) days. In addition, 12 month full-time employees shall be eligible for such payment of up to thirty-seven (37) days of unused sick leave. Such pay shall be at the daily rate of pay paid to the employee at the time of his retirement or death. However, the Board may pay on a uniform basis such unused sick leave beyond twenty-five (25) days, not to exceed forty-five (45) days, at its discretion.
Any employee of the public schools who is injured and disabled while acting in his official capacity as a result of an assault by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault and battery. A teacher, however, shall be required to present a certificate from a physician certifying such injury and incapacitation. The sick leave authorized shall be in addition to all other sick leave authorized herein, shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement or compensated for in any manner except as set forth above.
Any teacher or school employee, but not a bus driver, who is injured or disabled while acting in his official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period of up to ninety (90) days without reduction in pay and without reduction in accrued sick leave days while injured or disabled as a result of rendering such assistance. The teacher or employee shall be required to present a certificate from a physician certifying such injury or disability. The Board may extend the period of sick leave beyond ninety (90) days at its discretion.
Should any teacher become injured or disabled while acting in his official capacity, other than by assault, the teacher shall be entitled to appropriate worker’s compensation benefits and/or sick leave benefits, at the teacher’s option, for the period of time while injured or disabled. Any benefits received, however, shall not exceed the total amount of the regular salary the teacher was receiving at the time of injury or disability. The teacher shall be required to present a certificate from a physician certifying such injury or incapacitation.
If an employee is absent from duty under circumstances in which he is not entitled to any kind of leave, such employee shall be considered to be in violation of his contract, and is not entitled to be paid for the days of unauthorized absence and nonperformance of duties.
REIMBURSEMENT OF UNUSED SICK LEAVE
The School Board may reimburse a member of the teaching staff for any unused sick leave accumulated prior to the current year up to ten (10) days during any school year upon the request of a member of the teaching staff. If the School Board elects to reimburse a teacher for unused sick leave, the rate of pay for such reimbursement shall be not more than seventy-five dollars ($75.00) per day.
Any teacher reimbursed for unused sick leave shall be eligible for extended sick leave only for such number of days which exceed the days for which the teacher has been reimbursed.
SICK LEAVE FOR EMERGENCIES
Emergencies for sick leave purposes shall be defined by the Board as:
1. Illness or death within the immediate family - husband, wife, children,
mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law,
brother, sister, grandparents, grandchildren (including step relations);
2. Weather conditions - hurricane, tornado, snowstorm, flood, accident,
when approved by the Superintendent or his designee;
3. Court summons; or
4. Other unusual circumstances as approved by the Superintendent or
designee.
EXTENDED SICK LEAVE
The Board shall require teachers who use all their accumulated sick leave days to apply for a leave of absence. Such leave of absence shall be with or without such reduction in pay as the Board may fix.
When a teacher has exhausted all accumulated sick leave, the School Board will grant extended sick leave when requested in writing and accompanied by the proper medical doctor’s statements. These statements must indicate the inability of the applicant to return to work and perform their duties during the specified period.
The written request and doctor’s statement are to be submitted to the Board as far in advance as possible, or as soon as feasible under the existing conditions.
All sick, other emergencies and personal leave must have an approved leave form on file in the Central Office, approved by the principal, within five (5) days after submission of payroll and the reason for the leave stated thereon. Otherwise, a reduction of pay for each day’s absence will be made. In an instance where it is impossible to comply with the above, in cases of extended illness or other emergency, properly executed forms must be submitted with the subsequent payroll.
Any unused sick leave will be credited as days of service and counted towards retirement upon the retirement of an employee from active service as computed by the State Teachers’ Retirement System:
25 - 45 days = .25 year
46 - 90 days = .50 year
91 - 135 days = .75 year
136 - 180 days = 1.00 year
181 - 225 days = 1.25 years
226 - 270 days = 1.50 years
271 - 315 days = 1.75 years
316 - 360 days = 2.00 years
361 - 405 days = 2.25 years
406 - 450 days = 2.50 years
451 - 495 days = 2.75 years
496 - 540 days = 3.00 years
Sick leave will be credited to the individual teacher at the beginning of the school year.
VESTING OF SICK LEAVE
All sick leave accumulated by a teacher or school employee, but not a bus driver, shall be vested in the teacher or employee by whom such leave has been accumulated. In the event of the transfer of a teacher or school employee from one school system to another in Louisiana, or upon the return of such teacher or school employee to the same school system within five (5) years or such longer period that may be approved by the Board to which the teacher or school employee returned, regardless of the dates on which the leave was accumulated or the date of transfer or return of the teacher or school employee, such vested leave shall be transferred, returned to, or continued by the Board and shall be retained to the credit of the teacher or school employee.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:425, 17:500, 17:500.1, 17:1186, 17.1201, 17:1202, 17.1206, 17.1208, 17:1208.1;
Gayle v. Porter, 239 So. 2d 739; Board minutes, 10-13-83.
FILE: GCD - SUPPORT PERSONNEL EMPLOYMENT
An outstanding educational program in any school system is dependent upon the employment and retention of best qualified personnel. This can be best accomplished by giving careful consideration to qualifications and by providing attractive salary schedules, good working conditions, and adequate facilities.
SUPPORT PERSONNEL
Applicants shall be selected for support positions based on criteria as may be determined by the Board. Unless specifically covered by a written employment contract expressly entered into by the individual employee and the Board, school employees shall be hired on an at-will employment basis. School employees shall mean any employee of the Board that is not required to hold a valid teacher’s certificate as a condition of employment or is not a bus driver. All appointments shall be temporary until ability to perform assigned tasks has been determined.
BUS DRIVERS
Whenever a school bus operator is needed to drive a new route or a route vacated by a previous operator, the school bus operator who is tenured and has acquired the greatest seniority shall be offered the opportunity to and may change from driving his route to the vacant route before another operator is selected. If the tenured bus operator with the greatest seniority chooses not to change to the vacant route, the route shall then be offered in order of seniority to a school bus operator who has acquired tenure. If no tenured operator chooses to change to the vacant route, the route shall then be offered to a full-time probationary bus operator.
If no regular bus operator, tenured or probationary, chooses to change to the vacant route, then a substitute bus operator shall be selected for the position from a list of approved substitute school bus operators. If a regular bus operator chooses to change routes, then his vacant route shall be filled using the process outlined above.
Whenever a school bus operator owning his own bus retires, the Board shall first offer the vacated route to any person meeting the requirements of the School Board who is willing to acquire the bus of the retiring operator.
Only if the Board is required, in filling a vacant route pursuant to the above provisions, to bear an increase in the unreimbursed costs for non-passenger miles over those attributable to the previous operator who vacated the route, may a school system select an operator to fill the vacant route on a different basis than outlined above.
Whenever a vacancy occurs on a route due to death, resignation, retirement, or the expiration of the regular operator’s approved leave, or a new route is established, the route shall be filled with a regular school bus operator using the process stated above no later than the following school year unless the route is consolidated or eliminated.
If an operator is on approved leave, his/her route shall not be considered a vacant route. A substitute shall be used to drive a route for an operator on approved leave regardless of the length of time of the approved leave.
Revised: December, 1990
Revised: December, 1992
Revised: November, 1993
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:81, 17:84.1, 17.493.1, 17:4973, 17:500.
FILE: IKDC - PRAYER IN SCHOOLS
Public schools shall be prohibited from adopting or using any official or standard prayer. Voluntary, student-initiated, student-led prayer in accordance with the religious views of the student offering the prayer may be permitted, however. No student attending the school shall be required to participate in any religious activity at school.
No law, rule or policy shall deny to any student attending a public elementary or secondary school the right to participate in voluntary, student-initiated, student-led prayer during school or non school property, before or after school or during free time. Athletic teams shall not be prohibited in engaging in voluntary, student-initiated, student-led prayer.
No law, rule or policy shall prevent any student who attends a public elementary or secondary school and who is responsible for or presiding over a meeting of a school organization or assembly from calling upon a student volunteer to offer an inspirational quotation or statement, offer a voluntary prayer, or lead in silent meditation, at the sole option of the student volunteer.
A student organization shall not be denied recognition or any privilege or benefit solely because it is religious in nature, has a religious affiliation, or has no religious affiliation.
School officials shall be prohibited from censoring for religious content the speech of a high school student invited to speak at a commencement ceremony at the school he is attending.
When student volunteers are called upon to offer an inspirational quotation or statement, offer a prayer, or lead in silent meditation, such students shall be selected at random by a student from among student volunteers without respect to their individual religious beliefs or lack thereof. No student shall be called upon to offer an inspirational quotation or statement, offer a voluntary prayer, or lead in silent meditation unless the student has volunteered to do so.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:2115.1 to 17.2115.10.
FILE: JBC - SCHOOL ADMISSION
The Board shall admit students to the schools of the school district based upon an application submitted by the parent, guardian or student to the Board at the beginning of each school year, under such rules and regulations as the Board may prescribe.
No student may be excluded from the appropriate school within the school district except by due process or failure to meet specifications of Board policies. The Board fully recognizes that providing equality of educational opportunities for all children requires objectivity. The Board is equally concerned that all admission policies adhere strictly to applicable legal requirements, e.g. health-related standards.
No child shall be admitted to school for the first time until her or his parents do the following:
1. Present to school officials an official birth certificate. Only records from the local or state registrar of vital statistics will be accepted for children born in Louisiana, except as otherwise provided herein. Children born in Louisiana will be given a fifteen (15) day grace period to secure a copy of their birth record. Children born out of this state will be given thirty (30) days grace in which to produce a copy of their birth record. In cases where birth certificates and/or birth verification forms cannot be obtained, the school principal may accept whatever positive proof of age, race and parentage is available. It shall be left to the discretion of the Superintendent or designee, subject to the authority of the Board, as to whether or not child shall continue in school upon failure to comply herewith.
2. Present to school officials evidence of being or having been immunized against diphtheria, tetanus, whooping cough, poliomyelitis and measles and other vaccine-preventable diseases according to a schedule approved by the Office of Public Health, Department of Health and Hospitals.
3. Present to school officials all official school records of school previously attended when transferring from another school to one inside the school district.
4. Present to school officials, as a prerequisite to enrolling in the first grade, evidence of having attended at least a full-day public or private kindergarten for a full school year; or satisfactorily passed academic readiness screening administered by the school system prior to the time of enrollment in first grade.
5. Present to school officials evidence of being bona fide residents of the Parish, with limited exception. However, children temporarily residing within the jurisdiction of the Board who have no permanent address or who have been abandoned by their parents shall be admitted to school, except as may be allowed by statute.
ADMISSION OF EXPELLED STUDENT
No student who has been expelled in accordance with state law from any school in the state shall be admitted to any school in the school system except upon the review and approval of the School Board.
No student who has been expelled from any school outside the state of Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated in state law shall be admitted to any school in the school system except upon the review and approval of the governing body of the admitting school.
Revised: November, 1993
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:151.3, 17:221, 17:221.2, 17:222, 17:222.1, 17:238, 17:416;
Singleton v. Jackson Municipal Separate School District, 419 F. 2d 1211 (5th Cir., 1970).
FILE: JBD - ABSENCES AND EXCUSES
The Board recognizes that the fundamental right to attend the public schools places upon students the accompanying responsibility to be faithful in attendance. Regular attendance can be assumed to be essential for a student’s successful progress in the instructional program.
For a student to be eligible to receive credit and make up work during an absence, the student shall be required in each instance to submit parental confirmation of the reasons for the absence. Students not excused shall be given failing grades in those subjects for those days missed, provided a graded activity was conducted during the unexcused absence, and shall not be given an opportunity to make up the work missed.
Excused absences can only be granted in the event of extenuating circumstances as outlined below. School personnel may require certificates from participating physicians and dentists substantiating all illnesses. Written evidence from church authorities relative to requiring religious observances may also be required.
All schools shall keep daily records of attendance, verified by the teacher keeping such records which shall be open to inspection by the visiting teacher or Supervisor of Child Welfare and Attendance. Each school shall attempt to provide verbal notification, and if such verbal notification cannot be provided, then shall provide written notification to a child’s parent, tutor, or legal guardian when that child had been excessively absent from school for five (5) school days in schools operating on a semester basis, and for ten (10) days in schools not operating on a semester basis.
Students missing school as result of any suspension shall be counted as absent, shall be given failing grades for those days suspended, provided a graded activity was conducted during the suspension, and shall not be given an opportunity to make up work missed during the suspension.
No public elementary or secondary school pupil shall be permitted for any reason to absent himself from school attendance during the school day upon his own authority. The principal or designee shall make all reasonable efforts to verbally notify the parent or other person responsible for the pupil’s school attendance of any such prohibited absence by a pupil.
EXTENUATING CIRCUMSTANCES
The only exception to the attendance regulation shall be the delineated extenuating circumstances that are verified by the Supervisor of Child Welfare and attendance, which are as follow:
1. Extended personal physical or emotional illness as verified by a
physician or dentist.
2. Extended hospital stay as verified by a physician or dentist.
3. Extended recuperation from an accident as verified by a physician
or dentist.
4. Extended contagious disease within a family as verified by a physician
or dentist.
5. Prior school system approved travel for education.
6. Death in the family (not to exceed one week).
7. Natural catastrophe and/or disaster.
8. For any other extenuating circumstances, parents must make a formal
appeal in accordance with the due process procedures established by
the school system.
Students who are verified as meeting extenuating circumstances and therefore eligible to receive grades shall not receive those grades if they are unable to complete makeup work or pass the course.
ABSENCES DUE TO SCHOOL APPROVED ACTIVITIES
Students participating in school approved activities which necessitate their being away from school shall be considered to be present and shall be given the opportunity to make up work.
TYPES OF ABSENCES
The days absent for elementary and secondary school students shall include temporarily excused absences, unexcused absences, and suspensions.
Temporarily Excused Absences
Students shall be considered temporarily excused from school for personal illness, serious illness in the family, death in the family (not to exceed one week), or for recognized religious holidays of the student’s own faith and shall be given the opportunity to make up work.
Unexcused Absences
Students shall not be excused for any absence other than those listed under temporarily excused absences above, and shall be given failing grades in those subjects for those days missed, and shall not be given an opportunity to make up work.
Students shall not be excused from school to work on any job including agriculture and domestic service, even in their own homes or for their own parents or tutors.
Absences Due to Suspensions
Students missing school as a result of any suspension shall be counted as absent, shall be given failing grades for those days suspended, and shall not be given an opportunity to make up work.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:221, 17:226, 17:227, 17:232;
Louisiana Handbook for School Administrators, Bulletin 741, State Department of Education.
FILE: JDD - SUSPENSION
The School Board recognizes its authority to maintain good order and discipline within the schools of the school district. Therefore, the Board recognizes the principal’s authority to suspend a pupil in accordance with statutory provisions. In each case of suspension the school principal, or his or her designee, shall contact the parent, tutor, or legal guardian of the pupil to notify them of the suspension, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the pupil. “Notice” shall be given by contacting the parent, tutor, or legal guardian by telephone at the telephone number shown on the pupil’s registration card, or by sending a certified letter to the address shown on the pupil’s registration card.
If the parent, tutor, or legal guardian fails to attend the required conference within five (5) school days of notification, the truancy laws shall be effective. On not more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond, the principal may determine whether readmitting the pupil is in the best interest of the pupil. On any subsequent occasions in the same school year, the pupil shall not be readmitted unless the parent, tutor, or legal guardian,court, or other appointed representative responds.
In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a pupil to attend a conference or meeting regarding the pupil’s behavior and after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or his/her designee shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.
When a pupil is suspended for a second time within one school year, the principal may require a counseling session be held with the parent and pupil by the school counselor. If no counselor is available, the conference may be held with all the pupil’s teachers and the principal or other administrator.
The principal shall promptly advise the Superintendent or his or her designee of all such suspensions, stating the reasons for the suspensions. No suspended pupil shall be allowed to leave the school premises during the school day until parent, guardian, or other proper authorities assume responsibility for him/her, unless immediate removal from school due to danger or threat of disruption to academic process is warranted.
The principal and other appropriate personnel shall be required to file written documentation of all suspensions. Said documentation shall include the circumstances surrounding any suspension, the reason for suspension, and any other pertinent facts concerning the disciplinary action. The principal shall file copies of his report with the Superintendent, other appropriate personnel and the parent or guardian and retain a copy for his records.
Any parent, tutor, or legal guardian of a pupil suspended shall have the right to appeal to the Superintendent or his designee, who shall conduct a hearing on the merits. The decision of the Superintendent on the merits of the case, as well as the term of suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of suspension.
Any pupil suspended shall receive no credit for school work missed while suspended.
Upon the seizure by any teacher, principal, school security guard, or other school administrator of any firearm, knife, or other dangerous implement which could be used as a weapon or inflict injury, the principal or his or her designee shall be required to report the confiscation to appropriate law enforcement officials.
MANDATORY SUSPENSION
The principal shall be required to suspend a pupil who is found carrying or possessing a firearm, a knife with a blade two (2) inches or longer, or other dangerous instrumentalities, or possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by state law, in any form. Additionally, the principal shall immediately recommend the pupil’s expulsion to the Superintendent, as state law has mandated expulsion for certain offenses, except in the case of a student in kindergarten through grade 5 who is found carrying or possessing a knife with a blade two (2) inches or longer, the principal may, but shall not be required to recommend the student’s expulsion.
Whenever a pupil is formally accused of violating state law or school disciplinary regulations by committing battery on any school employee, the principal shall suspend the pupil from school immediately and the pupil shall be removed immediately from the school premises without the benefit of required procedures, provided, however, that such procedures shall follow as soon as practicable.
SUSPENSION OF CHILDREN WITH DISABILITIES
School principals may suspend from school a student with disabilities or suspected disabilities for up to nine (9) school days, upon the principal or designee providing oral or written notice to the student of the charges. The school principal or designee should contact the parent, tutor, or legal guardian to establish a course of action to identify and correct the behavior leading to exclusion before any further action is taken to remove the student.
The Special Education administrator or designee shall be notified immediately, within one (1) school day, of the student’s removal from school, the number of days of exclusion, and the reason for removal. All exclusions, regardless of the reason, shall be reported. All procedural safeguards afforded regular education students regarding suspension shall be extended to students with disabilities and their parents.
For suspensions of more than nine (9) consecutive days, or when a pattern of exclusions has occurred, or upon the fourth suspension, a student may be suspended only in accordance with the following:
1. A trained and knowledgeable group of persons must determine
whether the student’s misconduct or pattern of misconduct is
related to the disabling condition. This group of persons must
be knowledgeable about the student, the meaning of the evaluation
data, and the placement options. The IAP/Placement Committee
could satisfy this requirement.
2. The data considered in making the relatedness decision
includes information drawn from other sources, including
the IAP and evaluation reports. Other sources may include
aptitude and achievement tests, teacher recommendation,
physical condition, social or cultural background, and adaptive
behavior. The information obtained from all such sources must
be documented and carefully considered.
3. The relatedness decision cannot be based on the School Board’s
normal disciplinary procedures. The person, such as the principal,
who recommended the exclusion of the student cannot serve on
the relatedness decision committee for that student.
4. If the misconduct is found not related to the disability and the
exclusion will occur, a reevaluation must be conducted. After the
reevaluation is completed, the IAP/Placement Committee must
convene to determine appropriate programming and placement
and develop a behavior management plan which addresses the
specific behavior(s) which caused the exclusion to occur. Free
appropriate public education (FAPE) must be provided and
educational services may not cease.
5. If the misconduct is found related to the disability, the exclusion
shall not occur. The system must convene an IAP Committee to
consider modifications to the student’s program (e.g. additional
related services, counseling, changes in the behavior management
plan, increased time in Special Education, change of class schedule,
change of teacher.)
6. The Special Education administrator or designee shall be notified
immediately, within one (1) school day of the recommendation for
an exclusion of more than nine (9) days. All exclusions, regardless
of the reason, must be reported.
Exclusion from the bus is treated the same as an exclusion from school unless alternative means of transportation are provided.
Where the student is clearly dangerous to himself or others, the student may be removed immediately. In no case can this removal last longer than nine (9) school days after the immediate exclusion. During the nine-day period, school officials may initiate a review of the student’s IEP, seek to persuade the parents to agree to an interim placement, or invoke the aid of the courts to remove the allegedly dangerous student from school if they believe that maintaining the student in the current placement would be substantially likely to result in injury to the student or others. Notice of the charges and other due process procedures may be delayed but must be carried out as soon as practical.
SUSPENSION NOT APPLICABLE
Suspension of a student shall not apply to the following:
1. A student carrying or possessing a firearm or knife for purposes
of involvement in a school class, course, or school approved
cocurricular or extracurricular activity or any other activity approved
by appropriate school officials.
2. A student possessing any controlled dangerous substance that has
been obtained directly or due to a valid prescription or order from a
licensed physician. However, such student shall carry evidence of
that prescription or physician’s order on his person at all times when
in possession of any controlled dangerous substance which shall be
subject to verification.
3. A student who has a firearm or knife stored in a properly parked
student vehicle in the absence of circumstances evidencing intent
to utilize them in a criminal manner.
Revised: December, 1992
Revised: August, 1994
Revised: December, 1995
Ref. La. Rev. Stat. Ann. 17:223, 17:416, 17:416.1, 17:416.3;
Goss v. Lopez, 95 S. Ct. 729 (1973);
Regulations for Implementation of the Exceptional Children’s Act,
Bulletin 1706, Louisiana Department of Education.
FILE: JGC - STUDENT HEALTH SERVICES
HEARING AND VISION SCREENING:
The School Board, within the first two (2) months of school, or within thirty (30) days after the admission of students entering school late, shall test the sight and hearing of each and every student under their jurisdiction, except those students whose parents or guardians may object to such tests.
TESTING FOR DYSLEXIA
Upon the request of a parent, student, school nurse, classroom teacher, or other school personnel who has reason to believe that a student has a need to be tested for dyslexia, that student shall be referred to the school building level committee for additional testing. The Board may provide for additional training for school nurses to aid in identifying dyslexic students.
A record of such examination shall be kept and the administrators shall be required to follow up on the deficiencies within sixty (60) days, and shall notify in writing the parent or tutor of every pupil found to have any defect of sight or hearing. A written report of all such examinations shall be made to the state superintendent of education but shall not be made available to the public.
For purposes of this policy, “dyslexia” shall be defined as difficulty with the alphabet, reading, reading comprehension, writing, and spelling in spite of adequate intelligence, exposure, and cultural opportunity.
ADMINISTERING CATHETERS
The Board does not require any employee other than a registered nurse of a licensed medical physician to catheterize any student until all of the following conditions have been met:
1. A registered nurse or licensed medical physician, employed by theBoard, has assessed the health status of the specific child in his specific educational setting. The registered nurse has determined that the procedure could be safely performed, the results are Predictable and could be delegated to someone other than a registerednurse following documented training.
2. The registered nurse or licensed medical physician shall train at
least two (2) employees to catheterize the specific child in his
educational setting. The employees shall be given not less than
eight (8) hours of training in the area of catheterization of students.
3. Following the training provided for in #2, no catheterization may be
performed unless prescribed in writing by a licensed medical physician.
The employee, other than the registered nurse or licensed medical
physician, shall be required to complete, under the direct supervision
of a registered nurse, a minimum of five (5) catheterizations. Upon one
hundred percent successful completion of these catheterizations, the
registered nurse or licensed medical physician and the trainee shall
sign a standard form indicating that the trainee has attained the
prescribed level of competency. A copy of this form shall be kept on
file by the school system.
4. Individuals who are required to perform catheterizations and have
been trained according to statutory provisions, may not decline to
perform such service except as exempted by a licensed medical
physician or a registered nurse. The reasons for such exemption
shall be documented and certified by the licensed medical physician
or a registered nurse within seventy-two (72) hours.
5. Any employee shall have the right to request that another School
board employee be present while catheterizing the student, to serve
as a witness to the procedure. After making such a request, the
employee shall not be required to catheterize a student without such
a witness.
The provisions of this part of the policy shall be restricted to those students who have had intermittent catheterization prescribed as a treatment for urinary or neurologic dysfunction and not for continuous bladder drainage or to obtain urine specimens for diagnostic purposes. No employee shall be requested to catheterize any student for continuous bladder drainage or to obtain urine specimens for diagnostic purposes.
PERFORMING NONCOMPLEX HEALTH PROCEDURES
The term “noncomplex health procedure” shall mean a task which is safely performed according to exact directions, with no need to alter the standard procedure, and which yields predictable results. It shall include the following:
1. Modified activities of daily living which require special instructions
such as toileting/diapering, bowel/bladder training, toilet training,
oral/dental hygiene, lifting/positioning, and oral feeding.
2. Health maintenance procedures such as postural drainage, percussion,
tracheostomy and oral pharyngeal suctioning, gastrostomy feeding
and monitoring of these procedures.
3. Screenings such as growth, vital signs, hearing, vision, and scoliosis.
The Board does not require any employee other than a registered nurse, licensed medical physician, or an appropriate licensed health professional to perform noncomplex health procedures until all the following conditions have been met:
1. A registered nurse or a licensed medical physician, and, when
appropriate, another licensed health professional employed by the
Board, has assessed the health status of the specific child in his
specific educational setting and has determined that, according to the
legal standards of the respective licensed health professional
performing such procedure, the procedure can be safely performed,
the results are predictable, and the procedure can be delegated to
someone other than a licensed health professional following
documented training.
2. The registered nurse or the licensed medical physician and, when
appropriate, another licensed health professional shall train, in his
or her area of expertise, at least two (2) such employees to perform
noncomplex health procedures on the specific child in his educational
setting. The employees shall be given not less than four (4) hours of
training in the area of noncomplex health procedures.
3. Following the training provided for in 32, no noncomplex health
procedure, except screenings and activities of daily living such as
toileting/diapering, toilet training, oral/dental hygiene, oral feeding,
lifting, and positioning may be performed unless prescribed in writing
by a physician licensed to practice medicine in the state of Louisiana
or an adjacent state.
The employee, other than the registered nurse, licensed medical
physician, or appropriate licensed health professional shall be
required to complete, under the direct supervision or coordination
of a registered nurse, a minimum of three (3) satisfactory
demonstrations. Upon satisfactory completion of these noncomplex
health procedures, the registered nurse, licensed medical physician,
or appropriate licensed health professional and the trainee shall sign
a standard form indicating that the trainee has attained the prescribed
level of competency. A copy of this form shall be kept on file by the
school system.
4. Individuals who are required to perform noncomplex health procedures
and have been trained according to the provisions of this Section, may
not decline to perform such service at the time indicated except as
exempted for reasons as noted by the licensed medical physician or
registered nurse. The reasons for such exemption shall be documented
and certified by the licensed medical physician or a registered nurse
within seventy-two (72) hours.
5. Any employee shall have the right to request that another School Board
employee be present while he or she is performing noncomplex health
procedures for a student, to serve as a witness to the procedure. After
making such a request, the employee shall not be required to perform
noncomplex health procedures without such a witness.
For the purposes of this policy, “employee” means any appropriate member
of the education staff.
Revised: December, 1995
Ref: Irving Independent School District v. Tatro, 104 S. Ct. 33371 (1984);
La. Rev. Stat. Ann. 14:403, 17:170, 17:435, 17:436, 17:2112.
FILE: JGCD - ADMINISTRATION OF MEDICATION
The administration of medication to students shall be in compliance with the requirements of R. S. 17:436.1, and the policy established by the Louisiana Board of Elementary and Secondary Education (BESE). It shall be the policy of the School Board that no school employee other than a registered nurse or licensed medical physician shall be required to administer medication until all the following conditions have been met. As used in this policy, the term “medication” shall include all prescription and nonprescription drugs.
I. WRITTEN ORDERS, APPROPRIATE CONTAINERS, LABELS, AND INFORMATION
A. Medication shall not be administered to any student without an order
from a physician or dentist licensed to practice medicine in Louisiana
or an adjacent state and it shall include the following information:
1. the student’s name.
2. the name and signature of the physician/dentist.
3. physician/dentist’s business address, office phone number,
and emergency phone numbers.
4. the frequency and time of the medication.
5. the route and dosage of medication.
6. a written statement of the desired effects and the child specific
potential adverse effects.
B. Medication shall be provided to the school by the parent or guardian
in the container that meets acceptable pharmaceutical standards and
shall include the following information:
1. name of pharmacy.
2. address and telephone number of pharmacy.
3. prescription number.
4. date dispensed.
5. name of student.
6. clear directions for use, including the route, frequency, and
other as indicated.
7. drug name and strength.
8. last name and initial of pharmacist.
9. cautionary auxiliary labels, if applicable.
10. physician or dentist’s name.
Labels of prepackaged medications, when dispensed, shall contain the following information in addition to the regular pharmacy label:
1. drug name
2. dosage form
3. strength
4. quantity
5. name of manufacturer and/or distributor
6. manufacturer’s lot or batch number.
II. ADMINISTRATION OF MEDICATION: GENERAL PROVISIONS
A. During the period when the medication is administered, the person
administering medication shall be relieved of all other duties. This
requirement does not include the observation period required in II.E.
The local school systems shall determine how to implement this
requirement.
B. Except in life threatening situations, trained unlicensed school
employees may not administer injectable medications.
C. All medications shall be stored in a secured locked area or locked
drawer with limited access except by authorized personnel.
D. Only oral, inhalant, topical ointment for diaper rash, and emergency
medications shall be administered at school by unlicensed personnel.
E. Each student shall be observed by a school employee for a period of
45 minutes following the administration of medication. This
observation may occur during instruction time.
F. School medication orders shall be limited to medications which cannot
be administered before or after school hours.
III. PRINCIPAL
The principal shall designate at least two employees to receive training and
administer medications in each school.
IV. TEACHER
The classroom teacher who is not otherwise previously contractually
required shall not be assigned to administer medications to students. A
teacher may request in writing to volunteer to administer medications to
his/her own students. The administration of medications shall not be a
condition of employment of teachers employed subsequent to July 1, 1994.
A regular education teacher who is assigned an exceptional child shall not
be required to administer medications.
V. SCHOOL NURSE
A. The school nurse, in collaboration with the principal, shall supervise
the implementation of the school policies for the administration of
medications in schools to insure the safety, health and welfare of the
students.
B. The school nurse shall be responsible for the training of non-medical
personnel who have been designated by each principal to administer
medications in each school. The training shall be at least six hours and
include but not be limited to the following provisions:
1. Proper procedures for administration of medications
including controlled substances.
2. Storage and disposal of medications.
3. Appropriate and correct record keeping.
4. Appropriate actions when unusual circumstances or medication
reactions occur.
5. Appropriate use or resources.
VI. PARENT/GUARDIAN
A. The parent/guardian who wishes medication administered to his/her
student shall provide the following:
1. A letter of request and authorization that contains the following
information:
a. name of the student,
b. clear instructions,
c. RX number, if any,
d. current date,
e. name, dosage, frequency, and route of medication,
f. name of physician or dentist,
g. printed name and signature of parent or guardian,
h. emergency phone number of parent or guardian,
I. statement granting or withholding release of medical
information,
2. Written orders for all medications to be given at school,
including annual renewals at the beginning of the school year.
3. A prescription for all medications to be administered at school,
including medications that might ordinarily be available over
the counter.
4. A list of all medications that the student is currently receiving at
home and school, if that listing is not a violation of confidentiality
or contrary to the request of the parent/guardian or student.
5. A list of names and telephone numbers of persons to be
notified in case of medication emergency in addition to the parent
or guardian and licensed prescriber.
6. Arrangements for the safe delivery of the medication to and from
school in the original labeled container as dispensed by the
pharmacist; the medication shall be delivered by a responsible
adult.
7. Unit dose packaging shall be used whenever possible.
B. All aerosol medications shall be delivered to the school in premeasured
dosage.
C. No more than a 35 school day supply of medication shall be kept at
school.
D. The initial dose of a medication shall be administered by the student’s
parent/guardian outside the school jurisdiction with sufficient time for
observation for adverse reactions.
E. The parent/guardian shall also work with those personnel designated
to administer medication as follows:
1. Cooperate in counting the medication with the designated
school personnel who receives it and sign a drug receipt form.
2. Cooperate with school staff to provide for safe, appropriate
administration of medications to students, such as positioning,
and suggestions for liquids or foods to be given with the
medication.
3. Assist in the development of the emergency plan for each
student.
4. Comply with written and verbal communication regarding school
policies.
5. Grant permission for school nurse/physician consultation.
6. Remove or give permission to destroy unused, contaminated,
discontinued, or out-of-date medications according to the school
guidelines.
VII. STUDENT CONFIDENTIALITY
All student information shall be kept confidential.
Revised: December, 1995
Ref: La. Rev. Stat. Ann. 17:81, 17:436.1;
Louisiana Administrative Code, Vol. 18,
Education Chapter 9, Section 929, Administration of Medication.