Policy Pipeline is a Policy Update Subscription Service of the Alabama Association of School Boards
2018/2019 EDITION JULY 2018 Volume 6 | Issue 1
IN THIS ISSUE Introduction…………………………..………………………………………..page 2 “Scheduling” That Pay Raise………………………………………..….…page 2 Without a Paddle……………………………………………………………...page 4 Refining Line Crossing…………..………………………………………….page 5 Contract and Expend……………………………..…….………………..….page 6 Exit Exam Edits.……………………..………………….…………………….page 8 Grades, Honor Grads, and Other Gratuitous Guidance.…………………………………..………….…………………………page 9 Avoid “Participation Litigation”………………………………………..page 11 Virtual (Is Now) Reality………………………………….………………..page 13 Policing Policy “Lockdown”……………...…..……………………..…..page 15 Guns Non Grata……………………………………………….…………..…page 18 Student Search Symmetry.....………………………..………………….page 19 Polishing Post-Accident Testing Policies…………………………..page 20 RIF Refresher………………………………………………………………...page 23 “Lex Alex”………………………………………………………….…….…….page 26 Career Tech Check …….…………………………………………………...page 27 Dump Stumping………………………………………………………….….page 28 Anti-Social Media…………………………………………………………...page 29 To Be [A Policy] or Not to Be……………………………….………..…page 30 What We Are Watching…………………………………………………...page 32
Policy Maintenance Webinar Each year, Policy Pipeline subscribers are treated to a FREE webinar. Hear from policy experts. Ask questions. Share experiences. T
Thursday, July 26, 2018 10:00 AM CDT ______ You will receive a registration link for the webinar by email. If you have not received it by Tuesday, July 24, 2018, email us at policy@AlabamaSchoolBoards.org Missed the webinar? Request the recording. Email your request to policy@AlabamaSchoolBoards.org
P.O. Box 4980 Montgomery, AL 36103-4980
Appendices on CD AlabamaSchoolBoards.org
INTRODUCTION Welcome to this year’s edition! As usual, this year’s Pipeline includes not only recommendations regarding policies that have been mandated by state or federal law, but also improvements to policies that we have previously recommended for adoption through both our policy review services and past Pipelines. This edition highlights the most important topics of the past several months including school security, politics and graduation issues. A PDF version of the Pipeline is included on the enclosed CD provided to you as part of your Pipeline subscription. That version has hyperlinks provided in subtitles of the Pipeline that will take you to the Alabama Acts passed by the Legislature. Hyperlinks to other important documents are provided as well. Also, to make the process of updating your policy manuals easier, each suggested policy is drafted in the format used by the school boards that revised their policy manuals through AASB’s Policy Review & Analysis (“Policy Project”). A Microsoft Word version of those policies is included on the enclosed CD. In keeping with the policy-oriented focus of the AASB Policy Project, the Pipeline centers on the policy implications of legislation and related legal developments. Readers are encouraged to take advantage of AASB’s other information services (for example, the Advocate for Schools and the Court Report) to gain a broader perspective on legislation and other legal developments that are of interest to school leaders. Policymaking may sound tedious and routine, but it is a fundamental function of every local board. Your policy manuals should be treated like a contract you have with every stakeholder in your system. We hope the Pipeline serves as a useful guide as you prepare to update your board’s policies ahead of the upcoming school year.
“SCHEDULING” THAT PAY RAISE Act No. 2018-356 (effective October 1, 2018) In light of the legislatively-approved pay increase for public school employees for the fiscal year that begins October 1, boards across the state will be reviewing and revising their salary schedules. Because salary schedules have long been viewed by Alabama courts as matters of school board policy, revisions to the board’s salary schedules require board approval and should comply with the procedural requirements for policy adoption and revision, specifically Ala. Code §16-1-30, the policy adoption law commonly known as “meet and confer”. (See “Policy Pointers” on page 32 for more information on the procedure for adopting and amending policy.). 2 | 2018/2019 A A S B
Policy Pipeline | policy@AlabamaSchoolBoards.org
To memorialize the board’s adherence to these legal requirements, AASB recommends a general policy that provides in simple, straightforward language that the board will adopt a salary schedule as required by law and that all compensation rates will be set by the board: Salaries and Pay Rates __________________ Board employees will be compensated at rates of pay that are approved by the Board. When required, such salary or compensation rates will be included in a schedule to be developed and adopted by the Board in accordance with state law. Employees may receive supplements or other additional compensation when specifically approved by the Board. All compensation must be approved by the Board, regardless of the source of funding. [Reference: ALA. CODE §16-13-231.1 (1975)]
As a reminder, the language of pay raise legislation should be carefully reviewed to confirm the scope of its application and any special conditions or limitations that are attached to it. For example, superintendents are typically excluded from such raises without special board action to approve an equivalent raise. A question exists as to whether such requirements can be avoided by a contractual provision that guarantees the superintendent a pay raise equivalent to any across-the-board raises granted to other employees. Caution suggests separate or at least specific action regarding raises for the superintendent that are linked to legislatively-approved general increases, but legal advice should be sought as to how such action should be framed. Ethical considerations prohibit superintendents from recommending a raise for themselves; any such action should be initiated by a board member’s motion without the superintendent’s involvement. Finally, constitutional considerations prohibit implementing any pay increases for elected superintendents that were not approved by the board in the resolution establishing the pay at the beginning of the superintendent’s term of office. Boards that previously participated in the AASB Policy Project should already have a “Salaries and Pay Rates” policy in Section III of their policy manuals. A version of this policy that has been formatted for school boards that have completed the AASB Policy Project can be found in Microsoft Word format on the CD provided as part of your Policy Pipeline subscription.
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Policy Pipeline | policy@AlabamaSchoolBoards.org
PAST EDITIONS OF THE POLICY PIPELINE 2011/2012 Edition NOTE: This was a complimentary edition provided to every system. If you’d like another copy, email us at policy@alabamaschoolboards.org.
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Board Member Training Student Harassment Career and Technical Education McKinney-Vento Act (Homeless Students) Automated External Defibrillators Unpaid Study Leave FMLA & Military Leave High School Graduation Exam Compulsory Attendance Payroll Deductions Immigration Law Concussions Make-up Days Employee Evaluations Service Animals Ethics Law and Employee Gifts Seclusion and Restraint Children’s Internet Protection Act Students First Act
2012/2013 Edition • • •
Board Member Training updated Concussions updated Ethics Law and Employee Gifts
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Flexible School Calendar Act Farm to School Procurement Program Physical Examinations for Bus Drivers Fund Balance Reporting Employee Evaluations updated Nondiscrimination School Wellness
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updated
2013/2014 Edition • • • •
Reductions in Force Salary Schedules Possession of Firearms Out of District Transfers
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Board Member Training updated Ethics Law and Employee Gifts
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Automated External Defibrillators updated Consultants Code Red School Safety Act Payroll Deductions updated Immigration Law updated Flexible School Calendar Act
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updated
Cell Phones Searches Nepotism Payroll Deductions updated Data Use and Governance Adult Sex Offenders E-Cigarettes Enrollment and Social Security Numbers Alabama Accountability Act EpiPens and Diabetes Management
2015/2016 Edition • • • • • • • • • • • • • • • • • •
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updated
2014/2015 Edition • • • • • • •
2016/2017 Edition
Open Meetings Act and Board Meetings Board Meeting Invocations Nepotism updated Student Religious Liberties Act Grievances Same-Sex Marriage Virtual Schools School Calendars Career and Technical Education updated
Athletics for Homeschool Students Dyslexia Erin’s Law (Sexual Abuse Prevention) Truth in Salary Act Charter Schools State Agency Changes Contracting with Retirees Charter Schools Required Finance Policies
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Mandatory Age for School Attendance Cursive Curriculum Jason Flatt Act (Suicide Prevention) Leni’s Law (Medical Marijuana) Social Media Competitive Bids Alabama Ahead (wi-fi in schools) Employee Pay Raises Transgender Students Disruptive Visitors Cell Phones and Devices Overtime Rules Do Not Resuscitate Orders ESSA Erin’s Law (Sexual Abuse Prevention) updated Homeschool Athletes
2017/2018 Edition • • • • • • • • • • • • • • •
Civics Requirement Memorial Preservation Act Jason Flatt Act (Suicide Prevention) updated Crowdfunding Non-discrimination Policies updated Erin’s Law (Sexual Abuse Prevention) updated Transgender Students updated Sunscreen at School ESSA updated Admissions Overtime Rules updated Ethics and Gifts updated Virtual Schools updated Federal Spending Requirements updated
Do Not Resuscitate Orders Homeschool Athletic Eligibility updated
Past Editions of the Pipeline are $750/edition. To purchase, call (334) 277-9700 or email policy@alabamaschoolboards.org.