Elida Draft - Elida Municipal Schools

© 2016 by New Mexico School Boards Association
POLICY MANUAL AND
ADMINISTRATIVE
REGULATIONS
MUNICIPAL
SCHOOL
DISTRICT
R
AF
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ELIDA
ELIDA,
ROOSEVELT
COUNTY,
NEW
MEXICO
INTRODUCTION
This manual contains the policies of the Local Board and administrative
regulations of the Superintendent. Policy and administrative regulation
development in a modern, forward-looking school system is a dynamic,
ongoing process.
New problems, issues, and needs give rise to the
continuing necessity to develop new policies and regulations or to revise
existing ones. The loose leaf format of the printed manual has been selected
to facilitate the print copy of the manual being kept up to date.
Each person to whom a printed copy of this manual is assigned is charged
with keeping it up to date as new policies and regulations are distributed by
the central office.
Please note:
All copies of this manual are the property of the Elida
Municipal School District.
to
Use
This
Manual
D
How
The Elida Municipal School District is operated in accordance with policies
established by the Board and regulations developed by the Superintendent.
The Board, which represents the state and local community, adopts policies
after careful deliberation, and the school administration implements the
policies through specific regulations and procedures.
The Board and
administration evaluate the effects of the policies and procedures and revise
them as necessary.
To promote harmony, efficiency, uniformity of interpretation, coordination of
effort, and fairness to all concerned, the print copy of the manual will be
accessible at the District office and at such other places as designated by the
Superintendent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
How the manual is organized. The manual is organized according to the
classification system of the National School Boards Association. The system
provides an efficient means of coding, filing, and locating policies.
There are 12 major classifications, each identified by an alphabetical code:
FOUNDATIONS AND BASIC COMMITMENTS
SCHOOL BOARD GOVERNANCE AND OPERATIONS
GENERAL SCHOOL ADMINISTRATION
FISCAL MANAGEMENT
SUPPORT SERVICES
FACILITIES DEVELOPMENT
PERSONNEL
NEGOTIATIONS
INSTRUCTIONAL PROGRAM
STUDENTS
SCHOOL - COMMUNITY RELATIONS
EDUCATION AGENCY RELATIONS
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A
B
C
D
E
F
G
H
I
J
K
L
Subclassification under each heading is based on logical sequence and
alphabetical subcoding. For an example of the subcoding system, examine
the page immediately following the tab for Section A: FOUNDATIONS AND
BASIC COMMITMENTS.
The pages that follow the tabs for each major section present the
classification system, section by section, and serve as the tables of contents
for the sections or "chapters" of this manual. The table of contents is not
specific to the District but contains national titles and codes.
How to find a policy.
manual:
There are two ways to find a policy in the printed
D
 Consider where the policy would be filed among the 12 major
classifications. Turn to the table of contents for that section and
glance down the listing until you find the term that most closely fits the
topic you are seeking. Use the code letters given for the term to locate
the sheet that appears in alphabetical order by code within the
particular section. (All pages of the manual are coded in the upper
right-hand corner.) Or  Turn to the Code Finder Index at the end of the printed manual. The
code finder is an alphabetical index of terms commonly used in
education. Look up your topic as in any index, note its related code,
and use the code to locate the sheet in the manual.
What if you can't find the term you are seeking?
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The code finder lists more
than 1,800 terms, but no index of useful size could include every possibility.
If the term you are seeking is not included, look up a synonym or another
term, either more general or more specific, that you believe is related to the
topic.
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What if you can find the term and code, but there is no policy?
This
probably means that the school system has not adopted a written policy in
the particular area. All terms used in the classification system appear in the
sectional tables of contents and code finder to accommodate the coding,
insertion, and location of policies that may be adopted later. But there is
another possibility. A brief statement related to the policy you are seeking
may be incorporated in a "superior" policy that covers the more general area.
This "superior" policy will be coded under the broader category. To find it,
read up the classification system. For example, a policy statement that
encompasses all meetings of the Board might be filed under "School Board
Meetings" (BE) rather than the more restrictive heading "Regular Board
Meetings" (BEA).
Using the signs and symbols. Various symbols are used in connection
with the classification system. They are for your use in locating and/or
recognizing the authority of the statements. Included are the following:
-R
This symbol following a code indicates that the statement is a
regulation, not a policy, and is generally the direction of the
Superintendent to the staff for the implementation of a Policy. If
there is more than one regulation, the "-R" will be followed by a letter;
e.g., "-RA," "-RB," et cetera.
REGULATION
Exhibit. This symbol following a code indicates that the statement
is a reference document. The exhibit is there to show the form to be
used or for the purpose of information which may support the policy
or regulation. If there is more than one reference document, the "-E"
will be followed by a letter; e.g., "-EA," "-EB," et cetera.
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-E
REGULATION
EXHIBIT
Using References . Implementation of policies requires coordination with
other policies and regulations. A policy does not usually stand alone, rather,
there are other policies or regulations that may apply. For example the
policy on Suspension is an integral part of the implementation of the policy
on Weapons in the School. The Weapons policy specifies what weapons are
and how extensive the discipline may be but does not contain the step by step
ELIDA MUNICIPAL SCHOOL DISTRICT
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EXHIBIT
due process procedure necessary to accomplish the suspension of the student.
That is found in the policy on Student Suspension. To assist districts with
this complexity of policy, there may be a side heading at the bottom of each
policy (not regulation) identifying cross referenced material and/or legal
references. When implementing policies, these cross references and laws
should be reviewed for applicability to the circumstances or fact pattern
bringing about the use of the policy.
Pertinent legal references are given to inform the reader
where in law certain statutes that relate to a policy may be
found. References direct the reader to the federal or state
laws, pertinent regulatory pronouncements, important legal
opinions and will occasionally cite case law. It is important
to mention here that other laws and/or court decisions may
also be applicable to a particular policy but not all can be
cited.
The following abbreviations are used in legal
references:
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LEGAL REF.:
C.F.R.
N.M.A.C.
N.M.S.A.
P.L.
U.S.C.
CROSS REF.:
Board
Certain policies are related to other policies.
Cross
references are provided following many statements to help
the reader find the related information.
This related
information should be referenced for an in depth
understanding of policy.
Policies
D
About
Code of Federal Regulation
New Mexico Administrative Code
New Mexico Statutes Annotated
Public Law (federal law as it is identified by
Congress). Such laws will at some time after
passage be codified in the United States Code
United States Code
Generally, the role of a Board is to set policy, and the role of the
administration is to execute it. The basic distinction as set forth by the
National School Boards Association is:
 Policies are principles adopted by the Board to chart a course of action.
They tell what is wanted and may include also why and how much.
They are broad enough to indicate a line of action to be taken by the
administration in meeting a number of day-to-day problems; they need
to be narrow enough to give the administration clear guidance.
 Regulations are the detailed directions developed by the administration
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
to put policy into practice. They tell how, by whom, where, and when
things are to be done.
 Exhibits are checklists, sample documents, forms, and other
informational items to assist in implementing policies or procedures.
 The state and federal governments at times require governing boards to
make detailed rules, or the Board may decide that such rules are
necessary. In spite of the detailed nature of such rules, once adopted
by the Board they become policy.
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Therefore:
 Where the Board has voluntarily adopted statements of principle or
written regulations required by law or has established a position in
particularly sensitive areas, and one or more of them are incorporated
into policy, the entire statement is presented as policy.
 Where the Board has adopted rules concerning its own operations (for
instance, how it conducts meetings), these statements concerning
operations of the Board also appear as policy.
As long as the administration operates within the guidelines of policy
adopted by the Board, it may issue regulations without prior Board approval
unless Board action is required by law or unless the Board has specifically
directed that certain types of regulations be given Board approval. The
Board, of course, is to be kept informed of all District regulations issued by
the administration, and all are subject to Board review.
In keeping with the definitions and rules of thumb, the current policies of the
Board are presented in this manual.
the
Manual
Complete?
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Is
No. The manual contains all of the current written policies of the Board.
However, there is an almost continual need to draft and adopt new written
policies and revise the existing ones. Additionally, changes in state law and
Secretary of Public Education regulations may necessitate policy
modifications. No matter how well a policy manual is conceived and
developed, it can never be totally comprehensive and absolutely up to date.
Therefore, as new policies are developed, they will be coded according to the
classification system and issued for insertion into the manual.
Order of precedence.
Board policies must be read and interpreted in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
conformance with the applicable state and federal statutes and regulations.
Wherever inconsistencies of interpretation arise, the law and regulations
prevail.
Terminology
Whenever the term Superintendent appears in this manual it is to be
interpreted as "Superintendent or a person designated by the
Superintendent."
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Whenever the term principal appears in this manual it is to be interpreted
as "principal or a person designated by the principal."
Whenever the term District appears in this manual it is to be interpreted as
the "Elida Municipal School District."
Whenever the terms Board or Local Board appear in this manual they are to
be interpreted as the "Local Board of the Elida Municipal School District."
Whenever the term day appears in this manual it is to be interpreted as any
day in which the District or School Administrative Offices conduct business.
Whenever the term school day appears in this manual it is to be interpreted
as any day in which the students are present for instruction.
Whenever the term parent appears in this manual it is to be interpreted as
parent or legal guardian and the legal guardian is a person to whom custody
of the child has been given by order of a court.
It is the expectation of the Board that this collection of policies provides a
platform for harmony and efficiency in all areas of school operations. This
enables the Board to focus on its primary duty: the development of long-range
plans and policies for the future of the School District.
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Local Board
Date of Manual Adoption:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
FOUNDATIONS AND BASIC COMMITMENTS
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SECTION A
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0000
A
©
DISTRICT
BELIEF
MISSION AND
STATEMENT
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Mission: The Elida Municipal Schools will work with families and the
community to provide sound academic programs, proficient staff, adequate
support services, responsible fiscal management and safe facilities conducive
to learning. We will support a vision of excellence that students may reach
their fullest potential as educated citizens.
Vision: The Elida Municipal Schools will graduate students prepared with
the knowledge and skills essential to function in a democratic society.
date of manual adoption
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0050
AA
©
SCHOOL
DISTRICT
LEGAL
STATUS
The legally designated name of the District is the Elida Municipal School
District.
Adopted:
date of manual adoption
22-1-4 NMSA (1978)
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0150
ABA
©
COMMUNITY INVOLVEMENT
IN EDUCATION
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The Board recognizes that the public has substantial resources of training
and experience that could be useful to schools. The strength of the local
District is in large measure determined by the manner and degree to which
these resources are utilized in an advisory capacity and to the degree that
these resources are involved in supporting the improvement of the local
educational program.
The advice of the public will be given careful consideration. In the
evaluation of such contributions, the first concern will be for the educational
program as it affects the students. The final decision may depart from this
advice when in the judgment of the staff and the Board such advice is not
consistent with goals adopted by the Board, consistent with current
educational practice, or within the reach of the financial resources available.
Adopted:
date of manual adoption
IJ - Instructional Resources and Materials
KB - Parental Involvement in Education
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0200
ABAA
©
PARENTAL
INVOLVEMENT
Based on the philosophy of the District, it is the intent of the Board that
parental involvement in the District, at both the District and site levels, be
defined in the broadest possible terms.
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Further, it is the intent of the Board, under such a definition, that the
Superintendent will, within the capabilities of the District staff and the
financial limitations of the District, at both the District and site levels,
incorporate to the maximum extent possible, a variety of activities, strategies,
and mechanisms into the District and site structures that provide for the:
 active involvement of,
 active support to,
 effective interaction with, and
 development of
parents as active partners in a student support team effort that will enhance
the capacity of all students to reach their optimum potential.
Adopted: date of manual adoption
KB - Parental Involvement in Education
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0250
AC
©
NONDISCRIMINATION / EQUAL
OPPORTUNITY
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The Board is committed to a policy of nondiscrimination in relation to race,
color, religion, sex, sexual orientation, age, national origin, and disability.
This policy will prevail in all matters concerning staff members, students, the
public, educational programs and services, and individuals with whom the
Board does business.
Adopted:
date of manual adoption
LEGAL REF.: 20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et seq., Americans with Disabilities Act
28-1-2 NMSA et seq.
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of
Support Staff Members
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
KED - Public Concerns/Complaints about Facilities or
Services
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0261
AC-R
©
REGULATION
NONDISCRIMINATION / EQUAL
Compliance
REGULATION
OPPORTUNITY
Officer
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The Superintendent shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the District or who knows of such
discrimination against another person should file a complaint with the
Superintendent. If the Superintendent is the one alleged to have unlawfully
discriminated, the complaint shall be filed with the President of the Board.
Complaint
Procedure
The District is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Superintendent
shall investigate and document complaints filed pursuant to this regulation
as soon as reasonable. In investigating the complaint, the Superintendent
will maintain confidentiality to the extent reasonably possible.
The
Superintendent shall also investigate incidents of policy violation that are
raised by the Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that
a violation of policy has occurred, the Superintendent shall determine
whether or not to hold an administrative hearing and/or to recommend
bringing the matter before the Board.
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If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the District's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
In cases of serious misconduct, dismissal or suspension proceedings in
accordance with policy may be initiated.
If the person alleged to have violated policy is a support staff employee, the
Superintendent may follow due process and impose discipline under Policy
GDQD if the evidence so warrants.
The Superintendent also may
recommend a suspension without pay, recommend dismissal, or impose other
appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent
may impose discipline in accordance with policies JK and JKD.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If the Superintendent's investigation reveals no reasonable cause to believe
policy has been violated, the Superintendent shall so inform the complaining
party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
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Once the written complaint has been filed using the forms provided by the
District, the Superintendent shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
If the immediate supervisor or site administrator does not respond, the
Superintendent will have ten (10) additional working days to respond in
writing to the complaining party.
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If the Superintendent does not respond within the established time, then the
complaining party may request in writing that the issue be brought before
the Board. The Board will then review the record of the investigation and
have thirty (30) days to respond to the complaining party in writing.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0281
AC-E
©
EXHIBIT
EXHIBIT
NONDISCRIMINATION / EQUAL
OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in AC-R)
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Please print:
Name:
Date:
Address:
Telephone:
Secondary Phone:
Best time to be reached:
E-mail address:
I wish to complain against:
Name of person, school (department), program, or activity:
Address:
D
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Date of the action against which you are complaining:
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Address
Telephone Number
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Name
The projected solution
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Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
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The compliance officer, as designated in AC-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0300
ACA
©
SEXUAL
HARASSMENT
All individuals associated with this District, including, but not necessarily
limited to, the Board, the administration, the staff, and students, are
expected to conduct themselves at all times so as to provide an atmosphere
free from sexual harassment.
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Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when made by
a member of the school staff to a student or to another staff member, or when
made by a student to another student where:
 Submission to such conduct is either explicitly or implicitly made a
term or condition of an individual's employment or education; or
 Submission to or rejection of such conduct is used as a basis for
employment or education decisions affecting such individual; or
 Such conduct has the purpose or effect of substantially interfering with
an individual's educational or work performance, or creating an
intimidating, hostile, or offensive employment or education
environment.
Sexual harassment may include, but is not limited to:
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 Suggestive or obscene letters, notes, invitations, derogatory comments,
slurs, jokes, epithets, assault, touching, impeding or blocking movement,
leering, gestures, or display of sexually suggestive objects, pictures, or
cartoons.
 Continuing to express sexual interest after being informed that the
interest is unwelcome. (Reciprocal attraction between peers is not
considered sexual harassment.)
 Implying or withholding support for an appointment, promotion, or
change of assignment; suggesting that a poor performance report will be
prepared; suggesting that probation will be failed; implying or actually
withholding grades earned or deserved; or suggesting that a scholarship
recommendation or college application will be denied.
 Coercive sexual behavior used to control, influence, or affect the career,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
salary, and/or work environment of another employee; or engaging in
coercive sexual behavior to control, influence, or affect the educational
opportunities, grades, and/or learning environment of a student.
 Offering or granting favors or educational or employment benefits, such
as grades or promotions, favorable performance evaluations, favorable
assignments,
favorable
duties
or
shifts,
recommendations,
reclassifications, etc., in exchange for sexual favors.
Anyone who is subject to sexual harassment, or who knows of the occurrence
of such conduct, should inform the compliance officer, as provided in ACA-R.
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A substantiated charge against a staff member in the District shall subject
such staff member to disciplinary action.
A substantiated charge against a student in the District shall subject that
student to disciplinary action, which may include suspension or expulsion.
All matters involving sexual harassment complaints will remain confidential
to the extent possible.
Adopted:
date of manual adoption
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
42 U.S.C. 2000, Civil Rights Act of 1964 as amended, Title
VII
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of
Support Staff Members
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
KED - Public Concerns/Complaints about Facilities or
Services
KFA - Public Conduct on School Property
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0311
ACA-R
©
REGULATION
REGULATION
SEXUAL
Compliance
HARASSMENT
Officer
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AF
T
The Superintendent shall be the compliance officer. Any person who feels
unlawfully discriminated against or who has been the victim of unlawful
discrimination by an agent or employee of the District or who knows of such
discrimination against another person should file a complaint with the
Superintendent. If the Superintendent is the one alleged to have unlawfully
discriminated, the complaint shall be filed with the President of the Board.
Complaint
Procedure
The District is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Superintendent
shall investigate and document complaints filed pursuant to this regulation
as soon as reasonable. In investigating the complaint, the Superintendent
will maintain confidentiality to the extent reasonably possible.
The
Superintendent shall also investigate incidents of policy violation that are
raised by the Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that
a violation of policy has occurred, the Superintendent shall determine
whether or not to hold an administrative hearing and/or to recommend
bringing the matter before the Board.
D
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the District's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
In cases of serious misconduct, dismissal or suspension proceedings in
accordance with policy may be initiated.
If the person alleged to have violated policy is a support staff employee, the
Superintendent may follow due process and impose discipline under Policy
GDQD if the evidence so warrants.
The Superintendent also may
recommend a suspension without pay, recommend dismissal, or impose other
appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
may impose discipline in accordance with policies JK and JKD.
If the Superintendent's investigation reveals no reasonable cause to believe
policy has been violated, the Superintendent shall so inform the complaining
party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
R
AF
T
Once the written complaint has been filed using the forms provided by the
District, the Superintendent shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
If the immediate supervisor or site administrator does not respond, the
Superintendent will have ten (10) additional working days to respond in
writing to the complaining party.
D
If the Superintendent does not respond within the established time, then the
complaining party may request in writing that the issue be brought before
the Board. The Board will then review the record of the investigation and
have thirty (30) days to respond to the complaining party in writing.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0331
ACA-E
©
EXHIBIT
EXHIBIT
SEXUAL
HARASSMENT
COMPLAINT FORM
(To be filed with the compliance officer as provided in ACA-R)
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AF
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Please print:
Name:
Date:
Address:
Telephone:
Secondary Phone:
Best time to be reached:
E-mail address:
I wish to complain against:
Name of person, school (department), program, or activity:
Address:
D
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Date of the action against which you are complaining:
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Address
Telephone Number
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Name
The projected solution
D
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
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AF
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The compliance officer, as designated in ACA-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A-0450
ACD
COMMITMENT TO RELIGIOUS NEUTRALITY
The Board recognizes that religion has played an undeniable role in the
formation of the world's peoples, its civilizations, the foundation of our
country, and the lives of its citizens. The place of religion in our society
should be recognized as an important one.
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At the same time, under the Constitution of the United States, our schools may neither activel
The proper role of religion in the public schools is in its educational value in the study of subje
can provide a basis for schools to teach our children about various belief
systems, and their current and historical impact on human culture. The
nonreligious study of religion also provides a basis for the schools to play a
vital role in instilling understanding, tolerance and mutual respect among
people of different backgrounds.
Adopted:
date of manual adoption
LEGAL REF.: Article 1 US Constitution
28-1-2 NMSA et seq.
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
KED - Public Concerns/Complaints about Facilities or
Services
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^A-0750
ADB / ADC
©
DRUG / TOBACCO FREE SCHOOLS
See the following policies in reference to Tobacco, Alcohol and Drug Free
Schools
Drug Free Workplace
- BEC
-
GB
Tobacco Use by Staff Members
-
GB
Administering Medicines to Students
-
JLC
Tobacco Use by Students
-
JIC
Drug and Alcohol Use by Students
-
JIC
Tobacco Use at Public Functions
-
KFA
R
AF
T
Non Medical Use or
Abuse of Drugs or Alcohol
Adopted:
date of manual adoption
24-16-3 et seq. NMSA Dee Johnson Clean Air Act
6.12.4.8 NMAC
1994 Op. Att'y Gen. No. 94-03, 1994 N.M. AG LEXIS 4.
20 U.S.C. 6083 Pro-Children Act of 1994 (Environmental
Tobacco Smoke).
34 C.F.R. Part 85 Drug Free Workplace Act
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
SCHOOL BOARD GOVERNANCE AND OPERATIONS
D
R
AF
T
SECTION B
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0050
BA
©
SCHOOL
BOARD
OPERATIONAL
GOALS
R
AF
T
The state legislature has granted to the people the power to form school
districts and boards of education, which, under the law, are empowered to
exercise legislative authority over the public schools within their respective
districts pursuant to applicable laws.
As representatives of the people, the Board accepts the responsibility to
identify community attitudes and opinions and District needs and to require
short- and long-range strategies that are responsive within the budgetary
limitations of the District.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0100
©
BAA
EVALUATION OF SCHOOL BOARD /
BOARD SELF-EVALUATION
R
AF
T
The Board shall meet as necessary for the purpose of appraising its
functioning as a Board and to evaluate Board performance. The appraisal
plan approved by the Board will be facilitated by the Board President
working with the Superintendent.
Evaluation instruments for Board operation may be used in the process.
The Superintendent and others who regularly work with the Board may be
asked to participate in all or a portion of the appraisal.
Areas of Board operations and relationships that may be appropriate to
consider during the evaluation of Board procedures may include, but are not
limited to:
 Board meetings/decision-making process.
 Policy development/implementation.
 Board/District goal setting.
 Curriculum and instruction management/program.
 Fiscal management/resource allocation.
 School plant planning/management.
D
 Board member orientation.
 Board member development.
 Board officer performance.
 Board member relationships.
 Board-Superintendent relationship.
 Board-community relationship.
 Legislative and governmental relationships.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Adopted:
date of manual adoption
22-5-4 NMSA
CROSS REF.:
BDD - Board-Superintendent Relationship
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0131
BAA-E
©
EXHIBIT
EXHIBIT
EVALUATION OF SCHOOL BOARD /
BOARD SELF-EVALUATION
(Annual Self-Appraisal of the Board)
R
AF
T
The following list of items pertaining to the operation of the Board is the
basis for an annual self-evaluation. This may be carried out in conjunction
with the annual evaluation of the Superintendent.
Please check the appropriate box for each item (S = satisfactory, N = needs
improvement, U = unsatisfactory).
A.
Board
Relationship
with
the
Superintendent:
S N U
   (1) The Board imparts information on issues, needs, and
complaints in a manner allowing the Superintendent the
opportunity to solve related problems in a professional
manner.
D



(2)
The Board clearly interprets its position on
controversial matters pertaining to the District, thereby enabling the
Superintendent to properly carry out the wishes of the Board.



(3)
The Board disregards personalities and
considers the recommendations of the Superintendent in an unbiased and
objective manner.



(4)
The Board communicates views of personnel
effectiveness, including views related to the Superintendent, in a confidential
and professional manner.
B. Board Relationship with the Community:
S N U
   (1) The Board recognizes that the citizens have entrusted them
with the educational development of the children and youth of
this community.



(2)
The Board recognizes that the community
expects their first and greatest concern to be in the best interest of each and
every one of the young people without distinction as to who they are or what
their background may be.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
   (3) The Board enacts policies supporting the efforts of the
administration in helping the people of this community to have
the facts about their schools, to the end that they will readily
provide the finest possible school program, school staff, and
school facilities.
C.
Board
Relationships
Between
Members
During
Meetings:
S N U
   (1) Individual members of the Board treat other members of the
Board and professional staff with respect during Board
meetings.
R
AF
T



(2)
Differences of opinion influencing Board
member votes are based on the issues at hand and not on a personality basis.



(3)
All members of the Board conduct
themselves in such a manner as to emphasize that individual Board members
have authority only when convened in a legally conducted Board meeting
with at least a quorum present.
D. Board Relationships with Staff and Personnel:
S N U
   (1) The Board members make every effort to become acquainted
with the personnel of the District.



(2)
The Board members' personal friendships
with District personnel are maintained without allowing them to affect
overall Board decisions and/or policies.
E. Board Relationship to the Instructional Program:
S N U
D
   (1) The Board makes an effort to keep informed about the
instructional program by providing for periodic reports as
deemed necessary and by periodic visitation in the schools.
   (2) The Board attempts to gain information from the community
pertaining to instructional program needs.



(3)
The Board maintains policies necessary to
enable the educational staff to develop the educational program required to
meet the needs of the community.
F. Board Relationship to the Financial Management of
the Schools:
S N U
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
   (1) The Board establishes the policies and provides the necessary
resources to properly manage the finances of the District.



(2)
The Board requires the proper accountability
for the expenditure of funds in the District.



(3)
The Board provides justified funding to
maintain a high quality educational program in this District.



(4)
The Board keeps the community informed
about the financial needs of the District.
G. General Statements:
R
AF
T
(1) List in order of priority the four (4) major problems the Board
faces:
(a)
(b)
(c)
(d)
(2) List any weaknesses you have observed in the operation of the
school system:
D
(3) List any significant accomplishments made by the school
system during the past year:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0150
BB
©
SCHOOL
BOARD
LEGAL
STATUS
R
AF
T
The New Mexico Constitution places the responsibility of establishing and
maintaining public schools on the New Mexico Legislature and directs the
establishment of a Public Education Department and Public Education
Commission with powers and duties as provided by law. The Department
shall be a cabinet department headed by the Secretary of Public Education
who shall have administrative and regulatory powers and duties, including
all functions relating to the distribution of school funds and financial
accounting for the public schools to be performed as provided by law. It is
further provided that school districts under the general supervision of the
Secretary of Public Education shall be maintained, developed, and operated
by locally elected boards. A school district is a political subdivision of the
State for the administration of public schools and derives authority from the
New Mexico Constitution, New Mexico statutes, and the rules of the
Secretary of Public Education.
Adopted:
date of manual adoption
New Mexico Constitution Article XII
22-1-2 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-0200
BBA
©
BOARD POWERS AND
RESPONSIBILITIES
R
AF
T
A member of the Board of Education is a public officer, but has no power or
authority individually. The law vests power in the Board, and not in the
members, either individually or otherwise, and these powers must be
exercised by the Board at a public board meeting in regular or special called
meetings, with action duly recorded in its minutes. The Board shall have
the following powers or duties in accord with statutes:
 subject to the rules of the Secretary of Public Education, develop
educational policies for the School District;
 employ a superintendent for the School District and fix the salary;
 review and approve the School District budget;
 acquire, lease and dispose of property;
 have the capacity to sue and be sued;
 acquire property by eminent domain pursuant to the procedures
provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA
1978];
 issue general obligation bonds of the School District;
D
 provide for the repair and maintain all property belonging to the School
District;
 for good cause and upon order of the district court, subpoena witnesses
and documents in connection with a hearing concerning any powers or
duties of the local school boards;
 except for expenditures for salaries, contract for the expenditure of
money according to the provisions of the Procurement Code [13-1-28
NMSA 1978];
 adopt rules pertaining to the administration of all powers or duties of
the Local School Board;
 accept or reject any charitable gift, grant, devise or bequest.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The
particular gift, grant, devise or bequest accepted shall be considered an
asset of the School District or the public school to which it is given;
 offer and, upon compliance with the conditions of such offer, pay
rewards for information leading to the arrest and conviction or other
appropriate disciplinary disposition by the courts or juvenile authorities
of offenders in case of theft, defacement or destruction of School District
property. All such rewards shall be paid from School District funds in
accordance with rules promulgated by the Secretary of Public
Education; and
R
AF
T
 give prior approval for any educational program in a public school in the
school district that is to be conducted, sponsored, carried on or caused to
be carried on by a private organization or agency.
The Board shall, in accord with the Administrative Code of the Secretary of
Education:
 approve and support the District's Educational Plan for Student
Success (EPSS) and each school site-level EPSS action plan;
employ and evaluate the Local Superintendent on an annual basis in accordance with Section
ensure that each member of the Board participates in a planned program of training which wi
D
 For newly elected or appointed Local School Board members who
are in office for less than a year, they shall receive three (3) of the
five (5) hours from attending a training course developed by the
State Public Education Department (PED) and sponsored by the
New Mexico School Boards Association (NMSBA). This course
shall be offered no later than three (3) months after a local school
board election. The PED will periodically announce the dates of
these courses which will cover numerous topics including PED
policies and procedures, statutory powers and duties of local
boards, legal concepts pertaining to public schools, finance and
budget. For the additional two (2) hours of annual training for
these new board members, these board members shall attend
sessions sponsored by the NMSBA, approved by the PED.
For all existing local school board members, they shall attend five (5) hours of annual training
In order to be credited with attendance at these courses, each attendee must comply with wr
school board member.
 delegate administrative and supervisory functions to the Local
Superintendent;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

refrain from involvement in delegated administrative functions;

review, revise as needed, and submit policies to PED on an annual basis;
award diplomas to students who have successfully completed graduation requirements;
ensure the alignment of District curricula with Content Standards with Benchmarks;

ensure that District funds are appropriately managed and disbursed;
be responsible for oversight of revenue and expenditures within the District budget;
R
AF
T
 accept responsibility for ensuring the success of each school in the
District.
The Board performs the following basic functions necessary to the
discharging of its responsibilities: legislative, executive, and appraisal.
 The legislative function is the policy-making aspect of the school system.
It is the policy of the Board to retain and exercise full legislative
authority and control over the schools by adopting general policies or by
acting directly in matters not covered by its policies.
 The executive function of the Board is concerned with placing in
operation existing Board policy. Most of this function is delegated by
the Board to its executive and administrative officer, the
Superintendent.
 The appraisal function involves the determination of the efficiency of
the school operation and an evaluation of the educational program of
the District based on the policies as outlined in the policy manual.
Adopted:
date of manual adoption
22-5-4 NMSA (1978)
6.29.1.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0250
BBAA
©
BOARD MEMBER AUTHORITY
AND RESPONSIBILITIES
R
AF
T
All powers of the Board lie in its action as a public body. A member of a
board of education is a public officer, but has no authority or power
individually. Individual Board members exercise authority over District
affairs only by way of votes taken at a legal meeting of the Board. An
individual Board member has authority only when and to the extent that the
Board, by vote, has so delegated such authority.
A board shall not be bound in anyway by an action or statement made on the
part of an individual board member except when such action or statement is
pursuant to specific instructions from the respective board.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-4 NMSA (1978)
D
CROSS REF.:
BBA - Board Powers and Responsibilities
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
AA - School District Legal Status
B-0350
BBBA
©
BOARD
MEMBER
QUALIFICATIONS
(Board Membership)
R
AF
T
A person who is a qualified elector of this state, physically resides in the
District and physically resided in the District on the date of the school
board's proclamation calling a regular school district election.
A convicted felon shall not be qualified to be appointed or elected to public
office unless pardoned or restored to political rights.
Adopted:
date of manual adoption
1-22-3 NMSA
10-1-2 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0400
BOARD
Oath
BBBB
©
of
MEMBER
OATH
OF
OFFICE
Office
All elected or appointed members of local school boards shall take the oath of
office prescribed by Article 20, Section 1 of the constitution of New Mexico.
date of manual adoption
R
AF
T
Adopted:
22-5-9.1 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0431
BBBB-E
©
EXHIBIT
EXHIBIT
BOARD
Oath
of
MEMBER
OATH
OF
OFFICE
Office
R
AF
T
State of New Mexico, County of Roosevelt, I, [type or print name], do
solemnly swear (or affirm) that I will support the Constitution of the United
States and the Constitution and laws of the State of New Mexico; that I will
bear true faith and allegiance to the same, and defend them against all
enemies, foreign and domestic, and that I will faithfully and impartially
discharge the duties of the office of School Board Member according to the
best of my ability, so help me God (or so I do affirm).
D
_________________________________________
Signature
of
Officer
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________
or
Employee
B-0450
BBBC
©
BOARD
MEMBER
RESIGNATION
R
AF
T
Any Board member who desires to resign from the Board shall send a letter
of resignation to the Board in care of the office of the Superintendent giving
the effective date of resignation. The resigning Board member should
furnish a copy of such letter to each other member of the Board and the
Secretary of Public Education prior to the date on which the resignation is to
become effective.
Adopted:
date of manual adoption
22-5-12 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0500
BBBD
©
BOARD
MEMBER REMOVAL
FROM OFFICE
R
AF
T
If a Board member misses four (4) consecutive regular meetings, the office of
such a member may be declared vacant by a majority vote of the remaining
members. If a member misses six (6) consecutive regular meetings the office
of such member shall be automatically vacated. Board members may also be
recalled through the procedures set forth in state law.
Adopted:
date of manual adoption
22-5-12 NMSA
22-7-1 NMSA
22-7-16 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0550
BBBE
©
UNEXPIRED
TERM
FULFILLMENT
The Board shall have the power to fill a vacancy in their membership through
an appointment by a majority vote of the remaining members. An appointee
will hold the office until the next succeeding election for members of the
Board.
R
AF
T
If a qualified person is not appointed to fill the vacancy or a special election is
not called by the Board within forty-five (45) days from the date the vacancy
occurred, the Secretary of Public Education shall appoint a qualified person
to fill the vacancy until the next succeeding regular Board election.
In the event of the resignation of a majority of the members of the Board, the
Secretary of Public Education shall appoint qualified persons to fill the
vacancies. Those persons appointed shall hold office until the next regular
or special school district election when an election shall be held to fill the
vacancies for the unexpired terms.
Adopted:
date of manual adoption
22-5-9 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-0700
BC
©
BOARD
MEMBER
CONDUCT
A Board member or candidate for Board member, or that person's family,
shall not knowingly accept from a restricted donor a gift of a market value
greater than two hundred fifty dollars ($250). A restricted donor is a person
or agent of a person:
R
AF
T
 seeking a transaction with the donee's agency.
who will be directly and substantially affected financially by performance of the donee's duties
with a matter pending before a regulatory agency in which the donee has discretionary author
who is a lobbyist or a client of a lobbyist with respect to matters within the donee's jurisdiction
A Board member shall not solicit gifts or donations for a charity in such a
manner that it appears that the purpose of the donor in making the gift is to
influence the Board member in the performance of an official duty.
Definitions for the terms gift, family and restricted donor can be found in the
Gift Act cited below for purposes of interpreting this policy.
Adopted:
date of manual adoption
10-16B-1 NMSA - Gift Act
6.60.9.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0750
BCA
©
BOARD
MEMBER
ETHICS
In accordance with the Governmental Conduct Act:
 I shall maintain, at all times, the integrity and ethically high
responsibilities of public service and discharge my duties in the same
manner.
R
AF
T
 I shall conduct myself in a manner that justifies the confidence placed
in me by the public.
 I shall treat my position with the School District as a public trust and
shall use the powers and resources of my position to advance the public
interest and not to obtain personal benefits or pursue private interests.
 I shall not request or receive nor offer a legislator, public official, or
public employee any money, thing of value, or promise thereof that is
conditional upon or given in exchange for the promised performance of
an official act.
 I shall not directly or indirectly coerce or attempt to coerce another
public officer or employee to pay, lend, or contribute anything of value
to a party, committee, organization, agency, or person for a political
purpose. I shall not directly or indirectly coerce or attempt to coerce
the political activities of another employee when they are acting as a
private citizen.
D
 I shall not use or disclose confidential information acquired by virtue of
my position with the School District for my or another's private gain.
 I shall fully disclose real or potential conflicts of interest and shall make
reasonable efforts to avoid undue influence and abuse of my position.
 If engaged in any employment outside of the School District, I will
disclose such employment and will not participate in any decision or
action involving the business identified in this section unless permitted
to do so by the Governmental Conduct Act.
As a member of the Board of Education and recognizing that my actions will
directly influence the children in this school district, I will:
 Strive toward ideal conditions for most effective school Board service to
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
my community.
 Devise time, thought and study to the duties and responsibilities of a
School Board member, enabling effective and creditable service.
 Work with fellow Board members in a spirit of harmony and
cooperation, respecting their rights and views. Make no critical
remarks, in or out of meetings, about other members of the Board or
their opinions.
R
AF
T
 Keep an open mind and carefully consider all available facts in every
situation before reaching a decision.
 Render all decisions in open, public meetings.
 Accept and support majority decisions of the Board.
 Recognize that there is no authority of an individual Board member
either expressed or implied other than during legally constituted
sessions of the Board or when representing the Board officially.
 Welcome and encourage active cooperation of sincerely interested
individuals, organizations, school personnel and media representatives.
 Confine the Board’s functions to policy making, planning and appraisal.
 Delegate administrative
Superintendent of Schools.
and
supervisory
functions
to
the
 Work through the Superintendent.
Make criticisms of school
administration and/or personnel only to him.
D
 Take appropriate action regarding employee termination or discharge
in hearings before the Board pursuant to Sections 22-10A-24 or
22-10A-27 NMSA 1978, respectively.
 Resist every temptation and outside pressure to use the position of a
School Board member for personal benefit, or for the benefit of any
individual, agency or special interest group(s) apart from the total
interest of the school district.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-0800
BCB
©
BOARD
Participating and Voting
MEMBER CONFLICT
OF INTEREST
Restriction
R
AF
T
In the event a Board member is employed by a corporation or business or has
a relative with a substantial interest in a corporation or business which is or
may be interested in contracting with or furnishing goods and services to the
District, the Board member shall declare the interest and refrain from
debating and voting upon the question of doing business with the company.
Once such interest is publicly disclosed the corporation or business can seek
and obtain the business of the district through a public bidding process.
Nepotism
A person who is the spouse, father, father-in-law, mother, mother-in-law, son,
son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister,
sister-in-law of a member of the Board may not be initially employed or
approved for employment in any capacity in the District. Nothing in this
section of this policy shall prohibit the continued employment of such a
person employed on or before March 1, 2003.
Prohibited
Acts
In accordance with the Governmental Conduct Act a public officer or
employee:
D
 will not, while participating directly or indirectly in a district
contracting process, also be the employee of a contractor seeking that
contract.
 shall treat any position with the district as a public trust and shall use
the powers and resources of that position to advance the public interest
and not to obtain personal benefits or pursue private interests.
 shall maintain, at all times, the integrity and ethically high
responsibilities of public service and discharge all duties in the same
manner.
 shall conduct all interactions in a manner that justifies the confidence
placed in the office or position by the public.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 shall fully disclose real or potential conflicts of interest and shall make
reasonable efforts to avoid undue influence and abuse of the office or
position.
 shall not request or receive nor offer a legislator, public official, or
public employee any money, thing of value, or promise thereof that is
conditional upon or given in exchange for the promised performance of
an official act.
R
AF
T
 shall not directly or indirectly coerce or attempt to coerce another public
officer or employee to pay, lend, or contribute anything of value to a
party, committee, organization, agency, or person for a political
purpose.
 shall not directly or indirectly coerce or attempt to coerce an employee
by threatening, requiring, influencing or advising the employee
regarding any political activity.
 shall not violate the officer's or employee's duty not to use property of
the district, or allow its use, for other than authorized purposes.
 shall not take an official act for the primary purpose of directly
enhancing a personal financial interest or position.
 shall be disqualified from engaging in any official act affecting a
personal financial interest except if that interest is proportionately less
than the benefit to the general public.
 shall not acquire a financial interest if it is believed the new interest
will be directly affected by an official act.
D
 shall not use or disclose confidential information acquired by virtue of
the office or position with the district for personal gain or another's
private gain.
 will disclose any employment outside of the School District in writing to
the district and will not participate in any decision or action involving
the business identified in this disclosure unless permitted to do so by
the Governmental Conduct Act.
No person shall sell or use a student, faculty or staff list with personal
identifying information obtained from the District for the purpose of direct
marketing of goods or services except for legitimate educational purposes or
with the authorized release of each individual on the list(s).
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
10-16-1 et seq. NMSA
22-5-6 NMSA
6.10.6.8 NMAC
CROSS REF.:
BBBA - Board Member Qualifications
DJ - Contracts for Purchases and Services
DJE - Bidding Purchasing Procedures
GBEAA - Staff Conflict of Interest
GBP - Prohibited Personnel Practices
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-0831
BCB-EA
©
EXHIBIT
EXHIBIT
BOARD
I,
MEMBER CONFLICT
OF INTEREST
do
_____________________________________________________,
hereby
R
AF
T
indicate:
1. That I am presently an officer/employee of the Elida Municipal
School District;
2. That I (or my relative[s]: ___________________________________________________
_______________________________________)
have
a
substantial
interest in the contract, sale, purchase, or service to or decision by
the Elida Municipal School District as described below.
3. That I shall refrain from participating in any manner in my
capacity as an employee or officer of the Elida Municipal School
District in such contract, sale, purchase, service to, or decision by
the Board unless specifically permitted to do so by law.
D
___________________________________
Print Name
___________________________________
Signature
________________________
Date
Please identify and describe below any business in which you, or a family
member (spouse, domestic partner, parent, sibling, and/or child), has/have a
financial or substantial interest. Financial interest means an ownership
interest in a business or any employment or prospective employment for
which negotiations have already begun. Substantial interest means an
ownership interest of a business that is greater than 20%.
Business:_______________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_____
________________________________________________________________________
_____
Type of Interest: Financial ______ Substantial ______
D
R
AF
T
Interested Person: Myself ______ Family Member ______ (identify
relationship)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-0832
BCB-EB
©
EXHIBIT
EXHIBIT
BOARD
MEMBER CONFLICT
OF INTEREST
R
AF
T
Board Member Disclosure of Outside Employment/
Governmental Conduct Act (10-16-4.2 NMSA)
Name: ________________________________
Date: _______________
Position: ______________________________
Employer; date of hire; hours of work per week or other:
______________________________________________________________________
______________________________________________________________________
Position and description of duties:
______________________________________________________________________
______________________________________________________________________
Does employer contract with the Elida Municipal School District:
Yes_____
No______
D
If yes then a conflict of interest form stating the conflict must be completed
and acknowledged at a public meeting.
___________________________________
Print Name
___________________________________
_
Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_______________________
Date
B-0900
BDA
©
BOARD
ORGANIZATIONAL
MEETING
R
AF
T
Board elections are held on the first Tuesday in February of each
odd-numbered year. New Board members shall take the oath of office at the
first meeting of the Board in the month of March. Reorganization of the
Board, at which the Officers thereof are chosen, may occur at any Board
meeting. The Board may establish, by local policy how often and in what
manner it shall be organized.
The officers of the Board shall consist of a president, vice president and
secretary, all of whom shall hold office for one (1) year or until their
successors are elected and have been qualified.
For the purpose of
organization of the Board, the Board shall at its first regular meeting in
March administer the oath of office to newly elected members and elect from
its membership a President, vice-president, and secretary.
The meeting shall be called to order by the President of the Board for the
preceding year. If that person is not a member of the Board, a temporary
president shall be elected and the meeting shall be called to order by the
temporary president. The person calling the meeting to order shall preside
until a successor is chosen.
The Board shall use the following procedure to elect various officers:
D
The floor shall be opened to nominations for the office to be voted upon. At
this time, the names of possible appointees shall be put forward by the
members and debated. When the debate ends, the President shall call the
roll of the members, and each member shall cast his vote. The votes shall
not be tallied until all members have voted.
The nominee who receives the highest number of votes shall be appointed to
the office of nomination.
The new President of the Board shall take office upon election. Election for
the vice-president shall then take place and following that the election of the
secretary. Each officer shall take office upon election to that position.
Whenever there is a vacancy in a Board office, the Board shall elect a new
officer to fill the vacancy during the unexpired term of office.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
LEGAL REF.:
22-5-7 NMSA
22-5-8 NMSA
22-5-9 NMSA
22-5-9.1 NMSA
BDB - Board Officers
D
R
AF
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CROSS REF.:
BE - School Board Meetings
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-0950
BDB
©
BOARD
OFFICERS
President:
R
AF
T
 Preside over all meetings and conduct meetings in accordance with New
Mexico law, Secretary of Public Education rules and policies of the
District.
 Call special or emergency meetings.
 Consult with the Superintendent on the agenda for each meeting.
 Encourage and maintain orderly and democratic participation.
 Keep all discussions factual and on the subject at hand.
 Allow for full and complete exploration of each item of business.
 The President may not act for, or on behalf of the Board, without prior
specific authority from a majority of the Board, and
 The President shall perform other duties as assigned by the Board or
required by law.
Vice President:
The Vice-President shall perform the duties of the President in the absence of
the President and shall perform other duties as assigned by the Board.
D
Secretary:
The Secretary shall perform all duties as required by law and perform other
duties assigned by the Board. The secretary shall be responsible for all
records of Board meetings and shall assist the Superintendent, custodian of
public records for the District, in providing access to these documents as
required by law.
Surety
Bonds
A surety bond shall be obtained by the District for all officers prior to their
taking office.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
22-5-7 NMSA
CROSS REF.:
BEDB - Agenda
BEDBA - Agenda Preparation and Dissemination
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1050
BDD
©
BOARD - SUPERINTENDENT
RELATIONSHIP
The establishment of policies is the responsibility of the Board, and the
execution of those policies is a function of the Superintendent.
R
AF
T
The Superintendent is the chief executive officer of the School District and is
responsible for the professional leadership and skill necessary to translate
the policies of the Board into administrative action.
The Superintendent is responsible for the administration of the District.
The Superintendent may delegate the necessary authority to other employees
and develop such procedures and regulations as the Superintendent considers
necessary to ensure efficient operation of the District.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-1100
BDE
©
BOARD
COMMITTEES
R
AF
T
Committee work of the Board shall usually be done by members of the Board
sitting as a committee of the whole. There shall be no standing or
permanent committees composed entirely of Board members that would
make up a quorum of the Board. If a temporary committee is appointed, it
shall serve only for the time needed for its designated purpose. Committee
recommendations shall be advisory only.
Adopted:
date of manual adoption
LEGAL REF.:
10-15-1 NMSA
22-8-12.3 NMSA
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
BDF - Advisory Committees
^B-1200
BDF
©
ADVISORY
COMMITTEES
R
AF
T
The Board may, by majority vote, appoint ad hoc advisory committees when
deemed advisable. Recommendations of such committees cannot be binding
on the Board; they may be advisory only. These committees will be
responsible for presenting to the Board recommendations for action based on
research and facts. Any such committee shall be dissolved upon completion
of its assignment or may be dissolved by a vote of the Board.
The Board President shall develop guidelines for each committee. These
guidelines shall be approved by the Board prior to the first meeting of each
committee and may include, but not necessarily be limited to, the following:
 A written, specific statement of the purpose of the committee.
 The dates on which interim and final reports of the committee are to be
rendered.
 The date or event upon which the committee will be terminated.
 The extent to which facilities, supplies, equipment, and clerical support
will be provided to each committee.
The Superintendent will ensure that the following actions are taken for each
committee established by the Board:
 Each committee member will be briefed on the requirements of the New
Mexico Open Meeting Law as it applies to committees of the Board.
Notices and agendas of all meetings of the committee will be posted.

Minutes will be kept of each meeting.
D

A representative of the Superintendent will serve as ex-officio members of
all advisory committees.
Adopted:
date of manual adoption10
LEGAL REF.:
10-15-1 NMSA
22-8-12.3 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1250
BDG
©
SCHOOL
ATTORNEY
The Board recognizes the need for quality legal counsel in light of the
increasing complexity of the statutes, regulations and policies under which
the District operates.
R
AF
T
Board attorneys are retained by the Board as counsel for the Board to provide
legal service on any matter related to the operation of the District. The
attorneys may be asked to provide legal advice, render legal opinions, prepare
resolutions, review proposed Board actions, represent the Board in a court of
law, or provide other legal service the Board or Superintendent may request
on behalf of the District.
The Board designates the Superintendent as the sole administrative access to
the Board's attorney for legal information regarding the day to day
operations of the District. The Superintendent may, on a needs basis,
delegate the responsibility for contact with the attorneys to a member of the
staff. In the event of any dispute between the Superintendent and the Board,
it shall be clearly understood that the Board’s attorney(s) shall represent the
Board’s interests.
The President of the Board shall have access to the Board's attorneys and
may request legal advice about school business. Such requests may be in
writing, in person or by telephone. The advice received shall be shared with
the Board and Superintendent as determined by legal counsel.
D
Copies of all written requests for opinions shall be furnished to all Board
members. Requests for opinions requiring research or substantial amounts
of work on the part of private counsel shall be in writing when practicable.
It shall be the duty of the Superintendent to share with Board members the
attorney’s response or a sufficient summary of it to keep the Board well
informed.
All advice received from the attorneys is privileged under the attorney-client
privilege and all recipients of such advice and the written letters/memoranda
thereof shall keep such advice strictly confidential.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-4 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1300
BDH
©
BOARD
CONSULTANTS
R
AF
T
The District may employ consultants when appropriate to carry out tasks or
projects that enhance the effectiveness of District operations (1) when the
District does not have the specialized competency on its staff or (2) when such
assignments would be burdensome to the school staff when added to their
full-time assignments. The kinds of assistance sought from consultants may
include, but will not necessarily be limited to (1) conducting fact-finding
studies, surveys, and research; (2) providing counsel or services requiring
special expertise; and (3) assisting the Board in developing policy and
program recommendations. The employment of specific consultants, within
the budgeted funds of the District, will be the responsibility of the
Superintendent.
All consultants shall be engaged pursuant to appropriate rules of
procurement.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-1400
BE
©
SCHOOL
BOARD
MEETINGS
The Board shall determine, at least annually in a public meeting, what notice
for a public meeting is reasonable when applied to the School District.
R
AF
T
The Board shall transact all business at official meetings of the Board.
These may be either regular, special, or emergency meetings, defined as
follows:
 Regular meeting - a meeting of the members of a local school board at
which at least a quorum is present, about which notice has been
published, and at which normal school district business is transacted.
Special meeting - an official legal-action meeting called between scheduled regular meetings t
Emergency meeting - an official legal-action meeting called due to unforeseen circumstances t
A local school board shall hold at least one (1) regular meeting each month of
the calendar year.
Every meeting of the Board, regular, special or emergency, shall be open to
the public except for an executive session that is held in accordance with
state law. A "meeting" is defined as the gathering of a quorum of members
of a public body to propose or take legal action, including any deliberations
with respect to such action, that has been properly noticed, pursuant to law.
Regular
Board
Meetings
D
The second Tuesday of each calendar month is designated as the regular
Board meeting date.
A regular meeting may be rescheduled by agreement of a majority of the
Board.
Written notice of the date, hour, place, and subject (agenda) of each regular
meeting of the Board shall be given as follows:
 Notice shall be posted at least ten (10) days preceding the scheduled
time of the meeting, with the exception of an actual emergency, in
which case such notice as is appropriate to the circumstances shall be
given.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Notice shall be posted in prominent places, convenient to the public, and available for reading
The notice shall include an agenda or information as to when and where an agenda can be obt
Every regular meeting of the Board shall be open to the public to listen and
observe the actions of the Board.
Special Board Meetings
R
AF
T
Special meetings may be called whenever deemed necessary by the Board
President or when requested by a majority of the Board. Written or
telephoned notice of all special meetings shall be given to the members of the
Board, and written notice shall be posted, at least three (3) days prior to the
time stated for the meeting to convene. The notice shall include an agenda
or information as to when and where an agenda can be obtained. The
agenda shall be made available to the public at least seventy-two (72) hours
prior to the special meeting and posted on the District's web site, if one is
available. The Superintendent's office shall transmit copies of the written
notice to those broadcast stations licensed by the federal communications
commission (FCC) and newspapers of general circulation that have made
written request for notice of public meetings. No business other than the
matters specified in the notice shall be transacted at such meeting.
Special meetings shall be open to the public to listen and observe the actions
of the Board.
Emergency Meetings
An "emergency" refers to unforeseen circumstances that, if not addressed
immediately by the public body, will likely result in injury or damage to
persons or property or substantial financial loss to the public body.
D
An emergency meeting may be called as necessary. The normal notice and
posting of an agenda along with the requirement of discussing only agenda
items is not required when the Board declares an emergency in accord with
the statutory definition, but notice twenty-four (24) hours prior to the
meeting is expected unless the emergency precludes such notice.
The
District must, within ten days of taking action on an emergency matter,
report to the attorney general's office the action taken and the circumstances
creating the emergency. The requirement to report to the attorney general
is waived upon the declaration of a state or national emergency.
***
In addition to the information specified above, all notices shall include the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
following language.
“If you are an individual with a disability who is in need of a reader,
amplifier, qualified sign language interpreter, or any other form of auxiliary
aid or service to attend or participate in the hearing or meeting, please
contact the Superintendent of schools, at least one week prior to the meeting
or as soon as possible. Public documents, including the agenda and minutes,
can be provided in various accessible formats.
Please contact the
Superintendent’s Office, if a summary or other type of accessible format is
needed.”
date of manual adoption
R
AF
T
Adopted:
LEGAL REF.: 10-15-1 NMSA et seq.
22-5-12 NMSA
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDC - Quorum
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1550
BEC
©
EXECUTIVE
SESSIONS / OPEN
MEETINGS
The Board may enter into executive session after the following requirements
have been met:
R
AF
T
 The Board has first been convened in open meeting, for which notice,
stating the specific provision of law authorizing the executive session,
has been given.
 The Board President has identified the section or sections of 10-15-1
NMSA 1978 that authorize the holding of the executive session and has
stated the language of the section(s) and with reasonable specificity the
subject to be discussed.
 The executive session is authorized by a majority vote of a quorum in
open session. The vote of each member shall be recorded in the
minutes.
No final action, decision, or vote shall be taken while the Board is in
executive session, except as provided by law.
The Board shall provide a statement in the minutes of the open meeting in
which the executive session was held or at the next meeting following the
executive session meeting, if it is a separate meeting, that the matters
discussed in the executive session were limited only to those specified in the
motion for closure or in the notice of the separate executive session meeting.
Adopted:
date of manual adoption
10-15-1 NMSA
D
LEGAL REF.:
CROSS REF.:
BHDA - Confidential Communications
JKD - Student Suspension/Expulsion
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
BEDG - Minutes
B-1581
BEC-E
EXHIBIT
EXHIBIT
EXECUTIVE
SESSIONS / OPEN
MEETINGS
The Open Meetings Act requires all Board meetings to be open to the public
at all times unless an exception found in the Act permits a closed executive
meeting. A closed executive meeting may be held to discuss:
R
AF
T
 Issuance, suspension, renewal, or revocation of a license. Final actions
shall be taken at an open meeting.
 Limited personnel matters” which means the discussion of hiring,
promotion, demotion, dismissal, assignment, or resignation of or the
investigation or consideration of complaints or charges against any
individual public employee. Final actions on personnel which the
Board is lawfully authorized to take shall be taken at an open public
meeting.
 An “administrative adjudicatory proceeding” which means a proceeding
brought by or against a person before a public body in which individual
legal rights, duties or privileges are required by law to be determined
by the public body after an opportunity for a trial-type hearing. Final
action which the Board is lawfully authorized to take as a result of the
proceeding shall occur in an open meeting.
 Personally identifiable information about any individual student,
unless the student, his parent or guardian requests otherwise.
D
 Purchases exceeding two thousand five hundred dollars ($2,500) that
can be made only from one source, and the contents of competitive
sealed proposals solicited pursuant to the Procurement Code during the
contract negotiation process. The actual approval of purchase of the
item or final action regarding the selection of a contractor shall be made
in an open meeting.
 Threatened or pending litigation in which the Board is or may become a
participant.
 The purchase, acquisition, or disposal of real property or water rights.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1600
BED
©
MEETING
PROCEDURES / BYLAWS
R
AF
T
The President of the Board is responsible for the orderly conduct of the
meeting and shall rule on such matters as the time to be allowed for public
discussion, the appropriateness of the subject being presented, and the
suitability of the time for such a presentation. All such rulings shall be
consistent as to length of time allowed for discussion and viewpoint neutral.
These rulings are subject to review by the Board at a subsequent meeting,
properly noticed, as long as the matter is included on the agenda.
Adopted:
date of manual adoption
O.A.G. 90-26.
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-1650
BEDA
©
NOTIFICATION
OF
BOARD
MEETINGS
The posting place for all notices of meetings shall be in an area available to
the public twenty-four (24) hours per day, well lighted and with at least one
(1) of the locations reasonably close to the District office.
R
AF
T
Notice of regular meetings shall be posted throughout the community at the
following locations:
 District office;
 All District schools; and
 Other locations as appropriate.
At least ten (10) days notice shall be given for any regular meeting and three
(3) days for any special meeting time and place with the exception of an
actual emergency, in which case such notice as is appropriate to the
circumstances shall be given (usually twenty-four (24) hours). Notice shall
be provided to Board members at least ten (10) days prior to the regular
meeting, three (3) days prior to the special meeting and as appropriate to the
circumstances for emergency meetings of time and place so that they may
make plans to be present.
Adopted:
date of manual adoption
LEGAL REF.:
10-15-1 NMSA (1978)
D
CROSS REF.:
BEC - Executive Sessions/Open Meetings
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
BE - School Board Meetings
B-1700
BEDB
©
AGENDA
Only those items on the agenda will be discussed and deliberated by the
Board at a meeting. Agenda items may be considered out of sequence by a
majority vote of the Board to amend the agenda.
Regular meetings:
R
AF
T
 Call to order
 Pledge of allegiance to the flag
 Adoption of agenda
 Presentation and approval of minutes
 Routine matters
 Consent agenda
 Reports
 Action items
 Future business
 Items suggested for future meetings
 Adjournment
D
Special meetings:
 Call to order
 Items for which special meeting was called
 Announcements
 Adjournment
Executive sessions:
 An executive session may be scheduled, as necessary, during either a
regular or special meeting.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Adopted:
date of manual adoption
LEGAL REF.:
10-15-1 NMSA (1978)
BEC - Executive Sessions/Open Meetings
D
R
AF
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1711
BEDB-R
©
REGULATION
REGULATION
AGENDA
(Consent Agenda Items)
The agenda of each regular Board meeting may contain a consent agenda.
R
AF
T
Consent agenda items will be determined by the Superintendent following
discussion with the Board President at the time agendas are prepared for the
regular meetings of the Board. Consent agenda items are acted upon as a
group with one motion and second for all identified items. Items to be
included on the consent agenda will be listed on the agenda in the normal
manner; however, they will be identified with an asterisk (*). All backup
material relating to any consent agenda items will be included in the Board's
agenda packet.
D
Consent agenda items may be removed from consent status by any member of
the Board before the regular Board meeting or at the time of adoption of the
agenda. When so removed they are to be acted upon just as other agenda
items.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^B-1750
BEDBA
©
AGENDA
PREPARATION
AND
DISSEMINATION
Regular Meetings
The Superintendent will prepare Board meeting agendas in consultation with
the Board President.
R
AF
T
The Superintendent or Board members may place items on the agenda. Any
Board member desiring to place an item on the agenda will notify the
Superintendent of the particular item of business at least five (5) central
office working days before the meeting agenda is finalized (at least eight (8)
days prior to the meeting). Inclusion on the next agenda will depend upon
the amount of time necessary to provide information to the Board for
deliberation and decision making. The Superintendent will make this
decision in consultation with the Board President.
The agenda and supporting materials shall be distributed to the Board
members not less than seventy-two (72) hours prior to the meeting.
D
Meeting notices shall include the date, time and place of the meeting and an
agenda containing a list of specific items of business to be discussed or
transacted at the meeting or information on how the public may obtain a copy
of such an agenda. Except in the case of an emergency, the agenda shall be
available to the public at least seventy-two (72) hours prior to the meeting.
Reasonable public notice of a meeting shall be by a notice given at least ten
(10) days before a scheduled meeting and distributed to broadcast stations
licensed by the federal communications commission (FCC) and newspapers of
general circulation that have provided a written request for such notice.
Special
Meetings
The procedures for agenda preparation and dissemination used for regular
meetings will be used for special meetings.
Emergency Meetings
Agenda preparation for an emergency meeting shall be as appropriate for the
circumstances, since normal notice of an agenda along with the requirement
of discussing only agenda items is not required when the Board declares an
emergency in accord with the statutory definition. Notice of the meeting
being held twenty-four (24) hours prior to the meeting is expected unless the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
emergency precludes such notice.
Adopted:
date of manual adoption
10-15-1 NMSA (1978)
D
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AF
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1800
BEDC
©
QUORUM
A quorum consisting of a majority of the Board membership shall be
necessary to conduct any business.
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AF
T
The Board may allow a member to participate in the business of the Board
using a device configured in a manner that conversations from all
participants can be heard on both ends of the deliberations, when it is
otherwise difficult or impossible for the member to attend the meeting in
person.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1850
BEDD
©
RULES
OF
ORDER
The Board prescribes rules for its meetings as follows:
 It shall hold a regular meeting at least once each month during the year
and may hold other meetings as often as called.
R
AF
T
 Each action item shall require a motion, and all motions shall require
seconding.
 The President may make or second motions, and may vote on all
motions.
 A motion to adjourn is in order at any time. Such a motion shall
require a second and a majority vote. No discussion is in order.
 A motion to table is in order at any time. Such a motion requires a
second and is limited to being considered only once on any given agenda
item. No discussion is in order.
 The Board's action should result from a decision on the merits rather
than a manipulation of the procedural rules.
 Rules of order may be subject to suspension only upon a majority vote of
the members of the Board present at a meeting.
D
 In matters not covered by these rules and those referenced below the
president may consult a manual on parliamentary procedure for small
organizations.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-4 NMSA
CROSS REF.:
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDBA - Agenda Preparation and Dissemination
BEDC - Quorum
BEDF - Voting Method
BEDG - Minutes
BEDH - Public Participation at Board Meetings
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
BED - Meeting Procedures/Bylaws
D
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AF
T
BGF - Suspension/Repeal of Policy
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-1881
BEDD-E
EXHIBIT
EXHIBIT
RULES
OF
ORDER
The basic concept upon which rules of procedure are built is the concept of relationship of
R
AF
T
motions, called the order of precedence. The order of precedence tells a
member of the Board two (2) things: when a motion is in order and in what
order to vote on pending motions.
Chart
of
Motion
Precedence
Motion
Debatable
Amendable
Vote
Required
10. Adjourn
No
No
Majority
9. Recess
No
Yes
Majority
8. Lay on the Table
No
No
Majority
7. Close Debate
No
No
2/3
Yes
Yes
Majority
Yes
Yes
Majority
Yes
No
Majority
Yes
Yes
Majority
Yes
No
Majority
Yes
Yes
Majority
Reconsider
Yes
No
Majority
Rescind
Yes
Yes
Take from the Table
No
No
6. Postpone Definitely
Study
5. Refer for further
Amendment
4. Amend the
3. Amend or Substitute
D
2. Postpone
Indefinitely
Motion (Resolution)
1. Main
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Majority
(with notice)
Majority
All of the above motions require a second.
Motions Dealing with the General Conduct of the Meeting
No Order of Precedence
No
No
None
Parliamentary Inquiry
No
No
None
Appeal from the Decision of the
President*
Yes
No
Majority
Suspend the Rules*
No
No
2/3
Withdraw or Modify a Motion
No
No
Majority
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AF
T
Point of Order
* Only the asterisked motions above require a second to the motion.
An example is given below. Refer to the list of motions shown in
the simplified chart of motions for the order of precedence.
Scenario 1 - A main motion is pending. The order of precedence tells a
member that it is in order to move to amend the main motion because the
motion to amend is higher in rank (#3) than the main motion (#1).
D
Scenario 2 – If the main motion and motion to amend are pending, the order
of precedence tells a member that a motion to postpone definitely is in order
because it is higher in the order of precedence (#6) than the motion to amend
(#3).
On the other hand, a motion to postpone indefinitely is not in order because
the motion is # 2 in the order of precedence, and the motion on the floor is a
higher precedent (#3).
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2050
BEDF
©
VOTING
METHOD
Votes on all motions and resolutions shall be by a voice or roll-call vote and
the vote of members shall be recorded. No secret ballots shall be used.
R
AF
T
Each member of the Board shall have one (1) vote and a proposal shall pass
by the affirmative vote of a majority of the members present at the meeting.
Adopted:
date of manual adoption
LEGAL REF.:
10-15-1 NMSA
D
CROSS REF.:
BEDD - Rules of Order
BEDG - Minutes
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
BEDC - Quorum
B-2100
BEDG
©
MINUTES
R
AF
T
Minutes shall be kept of all regular and special Board meetings. Draft
copies of minutes of each Board meeting will be available for public review in
the District administrative office ten (10) working days after the date of the
meeting. The Board will take action at a subsequent meeting to amend
and/or approve these minutes.
The minutes of the Board of Education shall include:
 The date, place and classification of the meeting (regular, special, etc.).
 Record of the roll call of Board members.
 A notation of the presence or absence of the Superintendent.
 A record of any modification of the published agenda.
 A record of any corrections to the minutes of any previous meeting and
the action approving them.
 A record of any communications, petitions, or reports presented to the
Board.
D
 A record of each motion placed before the Board, the member making
the motion and the member seconding it (if any), the declaration of the
person presiding as to whether the motion passed or failed and the
name of each person voting "aye" or "nay," or abstaining on other than
unanimous votes.
All reports, resolutions, agreements and other written documents which
require Board action may be made part of the minutes by reference only, but
shall be kept on file as part of the permanent record.
A "draft" copy of the minutes will be made available for public inspection
within ten (10) working days of the meeting and should clearly indicate that
they are "not official". Minutes become official when approved by the Board.
Minutes shall be permanently filed and kept in the Superintendent's office
after approval by the Board. They shall be kept for inspection by any citizen
at any time the Superintendent's office is open during regular business hours.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The minutes shall not be removed from the Superintendent's office. Minutes
shall be maintained in an official record book designated for said purpose.
Summary
of
the
Minutes
R
AF
T
On or before the tenth (10th) day of each month the Superintendent shall
prepare a summary of the minutes of all meetings held by the Board during
the preceding calendar month, such summary shall contain a full and correct
account of all business transacted, showing all matters presented, the action
taken thereon, or other disposition thereof. A statement of all moneys
received during the preceding calendar month shall be prepared showing the
source and the amount received from each source with a detailed statement
of all expenditures made during such preceding calendar month, including a
list of all warrants issued, to whom issued, the amount of each warrant and
the purpose for which the warrant was issued.
The summary of minutes shall be filed with the Board Secretary and shall be
a public record open to inspection of the public and a copy thereof shall be
mailed to each and every legal newspaper published in the county for such
use as such newspaper may see fit.
Adopted: date of manual adoption
10-15-1 NMSA
10-17-1 NMSA
10-17-2 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2150
BEDH
©
PUBLIC PARTICIPATION
BOARD MEETINGS
AT
All regular and special meetings of the Board shall be open to the public.
R
AF
T
The Board invites the viewpoints of citizens throughout the District, and
considers the responsible presentation of these viewpoints vital to the
efficient operation of the District.
The Board also recognizes its
responsibility for the proper governance of the schools and therefore the need
to conduct its business in an orderly and efficient manner. The Board
therefore establishes the following procedures to receive input from citizens
of the District:
 Any individual or group desiring to address the Board shall complete a
form (Request to Address Board) and give this form to the
Superintendent prior to the start of the Board meeting.
 The Board President shall be responsible for recognizing speakers,
maintaining proper order, and adhering to a time limit of thirty (30)
minutes for all presentations and a maximum of three (3) minutes per
individual speaker and five (5) minutes for each group spokesperson.
In order to ensure that each individual has an opportunity to address
the Board, the President may also set a lesser time limit based upon the
length of the comment period and number of requests received.
D
 Questions of fact asked by the public shall, when appropriate, be
answered by the President or referred to the Superintendent for reply.
No action or discussion shall transpire among Board members
regarding such questions or comments.
Questions requiring
investigation shall be referred to the Superintendent for later report to
the Board. Questions or comments on matters that are currently
under legal review will not receive a response. The Board of Education
shall not make comment, endorse, sanction, or act upon any comments
made during the "Public Comments" section of board meetings.
 Members of the public or invited guests may be recognized by the
President to assist the Board with information for the conduct of its
official business.
 Personal attacks upon Board members, staff personnel, or other
persons in attendance or absent by individuals who address the Board
are discouraged.
Presenters are cautioned that statements or
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
representations concerning others that convey an unjustly unfavorable
impression may subject the presenter to civil action for defamation.
Policies KE, KEB, KEC, and KED are provided by the Board for
disposition of legitimate complaints, including those involving
individuals.
Adopted:
date of manual adoption
10-15-1 NMSA
CROSS REF.:
BDB - Board Officers
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
KEB - Public Concerns/Complaints about Personnel
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2181
BEDH-E
©
EXHIBIT
EXHIBIT
PUBLIC PARTICIPATION
BOARD MEETINGS
AT
REQUEST TO ADDRESS BOARD
R
AF
T
The Board President shall be responsible for recognizing speakers,
maintaining proper order, and adhering to a time limit of thirty (30) minutes
for all presentations and a maximum of three (3) minutes per individual
speaker and five (5) minutes for each group spokesperson. In order to
ensure that each individual has an opportunity to address the Board, the
President may also set a lesser time limit based upon the length of the
comment period and number of requests received.
Questions of fact asked by the public shall, when appropriate, be answered by
the President or referred to the Superintendent for reply. No action or
discussion shall transpire among Board members regarding such questions or
comments. Questions requiring investigation shall be referred to the
Superintendent for later report to the Board. Questions or comments on
matters that are currently under legal review will not receive a response.
Personal attacks upon Board members, staff personnel, or other persons in
attendance or absent by individuals who address the Board are discouraged.
Presenters are cautioned that statements or representations concerning
others that convey an unjustly unfavorable impression may subject the
presenter to civil action for defamation. Policies KE, KEB, KEC, and KED
are provided by the Board for disposition of legitimate complaints, including
those involving individuals.
D
I request permission to address the Board on the following topic:
______________________ ________________________________________________
Date
Name and Telephone Number
________________________________________________
Street Address
________________________________________________
City
State
Zip
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________
E-mail Address
D
R
AF
T
________________________________________________
Representing
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2200
BEDI
©
NEWS MEDIA SERVICES
BOARD MEETINGS
AT
R
AF
T
Local news media representatives shall be welcome to attend all regular or
special meetings of the Board with the exception of executive sessions. In
the event that representatives of the news media are unable to attend a
regular or special meeting, the Superintendent may provide a periodic
summary of Board actions.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2450
BG
©
SCHOOL
BOARD
POLICY
PROCESS
It is the intent of the Board to adopt policies so that they may serve as
guidelines for its own operations and for the successful and efficient
functioning of the District.
R
AF
T
Policy adoption is one of the Board's chief responsibilities. Suggestions
regarding the content of policies may originate with a member of the Board,
the Superintendent, a staff member, a parent, a student, a consultant, a civic
group, or any resident of the District. A careful and orderly process shall be
used in examining such proposals. The policy proposals shall be referred to
the administration for detailed study prior to recommendation(s) being
provided to the Board. The Board may take action in accordance with Policy
BGB after hearing the Superintendent's recommendations.
The policies of the Board are framed and intended to be interpreted within
the context of applicable laws and regulations.
Changes in needs, conditions, purposes, and objectives may require revisions,
deletions, and additions to the policies.
The District will welcome
suggestions for ongoing policy review and revision.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2600
BGB
©
POLICY
ADOPTION
Adoption of new policies or the revision or repeal of existing policies is the
responsibility of the Board. The Board shall adhere to the following
procedure in considering and adopting policy proposals to ensure that they
are fully studied before final action:
R
AF
T
 First meeting - the proposal shall be presented for review.
 Second meeting - the proposal shall be presented for discussion and
action.
During discussion of a policy proposal, the views of the public, staff members,
and the Board may result in changes. A change shall not require that the
policy go through an additional review except as the Board determines that
the change requires further study and that an additional review would be
desirable.
Policies may be adopted or amended at a single meeting of the Board if
declared necessary by a majority of the Board.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2650
BGC
©
POLICY
REVISION
AND
REVIEW
R
AF
T
In an effort to keep its written policies up to date so they may be used
consistently as a basis for Board action and administrative decision, the
Board authorizes the Superintendent to seek consulting assistance from a
source that provides such services. The District shall rely on the consulting
service in conjunction with the functioning of the District as indicated by
reactions of the school staff, the students, and the community to provide
insight into the effect of the policies it has adopted. The Superintendent
shall develop procedures to permit the District to utilize the policy consulting
service in a manner that assures maximization of the District's return on its
investment in the service.
The Superintendent is responsible for calling to the Board's attention policies
that are out of date or in need of revision.
Adopted:
date of manual adoption
BGE - Policy Communication/Feedback
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2661
BGC-R
©
REGULATION
POLICY
REGULATION
REVISION
AND
REVIEW
The District is a subscriber to the Policy Services Program of the New Mexico
School Boards Association (NMSBA). This service will assist the District in
the amendment of District policies or in the adoption of new policies
originated by the District.
R
AF
T
The procedure listed below will be followed to ensure the expeditious review
and consideration of policy updates received from the NMSBA Policy Services
Program and all newly proposed policies:
 A master file of policy updates (Policy Services Advisories) will be kept
by the Superintendent.
 Upon receipt, a copy of each update will be forwarded to the appropriate
member(s) of the Superintendent's staff.
 The designated staff member may review and evaluate the update and
recommend action to the Superintendent, including any proposed
changes needed to adapt the update to specific circumstances within the
District.
 If changes or new policies are recommended, the Superintendent will
send a copy of the update to NMSBA Policy Services for review or
contact NMSBA Policy Services by phone to discuss the proposed
changes.
D
 Following review by NMSBA Policy Services, the updated policy or any
newly proposed policies will be placed on the Board agenda for a first
review by the Board.
 Following the first review, if any proposals are made for further
changes, such changes will be sent to NMSBA Policy Services for review
or discussed with them by phone.
 If no changes are proposed, or after any such proposed changes have
been reviewed by NMSBA Policy Services, the updated policy will be
placed on the Board agenda a second time for action by the Board.
 Following adoption by the Board, the Superintendent will send a copy of
the adopted policy and the date of adoption to NMSBA Policy Services.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 NMSBA Policy Services will produce the final adopted copy of the policy
and return the final copy to the District.
D
R
AF
T
 The Superintendent will reproduce sufficient copies of the new policy,
as received from NMSBA Policy Services, and forward a copy to each
person who is assigned a printed policy manual, with instructions as to
how it is to be incorporated into the print copy of the policy manual.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2750
BGD
©
BOARD
REVIEW
OF
REGULATIONS
The Superintendent has the responsibility for carrying out, through
administrative regulations, the policies established by the Board. The
administrative regulations shall specify required actions and reflect the
detailed arrangement under which the District will be operated.
R
AF
T
Before issuance, regulations shall be properly titled and coded in
conformance with the policy classification system selected by the Board.
The Board reserves the right to review all administrative regulations. The
Superintendent shall provide a copy of each District regulation to each Board
member prior to distribution and enforcement.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2800
BGE
©
POLICY
COMMUNICATION / FEEDBACK
The Superintendent shall develop procedures to ensure that employees,
patrons, and Board members shall have access to a current policy manual
that contains the policies and administrative regulations of the District.
R
AF
T
The manual is intended both as a tool for District management and as a
source of information to patrons, staff members, and others about how the
District operates. To that end, each Board member and administrator shall
have ready access to the manual. In addition, a print copy of the manual
shall be available at such places as the Superintendent may determine for
use by staff members, students, and patrons.
Each administrative regulation shall be so designated and included in the
manual on a separate sheet(s) accompanying the policy with which it is
associated.
All print copies of the policy manual shall remain the property of the District
and shall be subject to recall at any time.
The Board's policy manual shall be considered a public record and shall be
open for inspection during regular business hours at the District
administration office and at places designated by the Superintendent.
The master copy of the manual will be securely maintained in the
Superintendent's office. It is this copy that will be used to resolve any
discrepancies in language existing in other copies.
date of manual adoption
D
Adopted:
LEGAL REF.:
22-5-4 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2811
BGE-R
©
REGULATION
POLICY
REGULATION
COMMUNICATION / FEEDBACK
Each person to whom a printed copy of the policy manual is issued will be
responsible for the maintenance, control, and updating of the manual.
R
AF
T
All changes to the hard copy policy manual will be issued by the
Superintendent, with a change memorandum listing codes, pages to be
removed, and pages to be inserted. After making the changes, a copy of the
change memorandum shall be filed by the Superintendent. After the
updated pages have been placed into a policy manual, the outdated pages
that have been superseded must be removed and destroyed. All policy
manuals are subject to recall and/or inspection at any time to ensure that
they are properly updated.
The master print copy of the policy manual shall be maintained by the
Superintendent.
It is this copy that shall be used to resolve any
discrepancies in language existing in other copies.
D
The Superintendent will maintain one (1) copy of all outdated pages for
historical and reference purposes.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2831
BGE-E
©
EXHIBIT
EXHIBIT
POLICY
COMMUNICATION / FEEDBACK
CHANGE MEMORANDUM
DATE:
All holders of policy manuals
R
AF
T
TO:
RE:
District policy manual changes, additions, or deletions
Please make the following changes in your policy manual. It is important
that this be accomplished immediately so that your manual contains only
current policies.
take
out
these old policies,
regulations (-R),
or exhibits (-E):
put
in
these new policies,
regulations (-R),
or exhibits (-E):
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
D
_________________________________
As soon as the changes to your copy of the manual are accomplished, please
date, sign, and return this memorandum.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________
Date
D
R
AF
T
____________________________________
Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-2850
BGF
©
SUSPENSION / REPEAL
OF
POLICY
R
AF
T
The operation of any section or sections of Board policies not established and
required by law or vested by contract may be temporarily or permanently
suspended by a majority vote of Board members present at a regular or
special meeting. An action under this policy would not require the two (2)
presentations indicated in Policy BGB (Policy Adoption) to reinstate a
suspended policy.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3050
BHC
©
BOARD COMMUNICATIONS
WITH STAFF MEMBERS
Official communication between the Board and employees will occur as
follows:
R
AF
T
 An employee will first communicate on school- or employment-related
matters at the administrative level. Any employee who exhausts the
opportunity of discussing a matter at the various administrative levels
may then communicate in writing with the Board on the matter. No
anonymous communication will be considered by the Board.
 Official communications, policies, directives, Board concerns, and Board
action(s), as appropriate, will be communicated to employees by the
Superintendent.
The Board requires all employees to follow the proper channels of authority
in reporting or attempting to resolve problems. It is considered to be
insubordination whenever an employee knowingly circumvents the proper
"chain of command".
Whenever an employee has a complaint, knowledge of wrongdoing in the
workplace, a problem which requires administrative attention or information
pertaining to their job assignment or location, they must follow the chain of
command in reporting to their supervisor.
No supervisor is to retaliate against any employee who follows this policy and
is acting in "good faith".
date of manual adoption
D
Adopted:
LEGAL REF.:
22-5-4 NMSA
CROSS REF.:
KE - Public Concerns and Complaints
BEDH - Public Participation at Board Meetings
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3100
BHD
©
BOARD COMMUNICATIONS
WITH THE PUBLIC
Official communication between the Board and the community is subject to
the following:
R
AF
T
 Any community member who exhausts the opportunity of discussing a
matter at the administrative level may communicate with the Board in
writing. No anonymous communication will be considered by the
Board.
 A member of the community who wishes to address the Board in person
may do so by following the procedures in Policy BEDH.
 Official communications, policies, Board concerns, and Board action, as
appropriate, will be imparted to the community by the Superintendent.
Adopted:
date of manual adoption
BEDH - Public Participation at Board Meetings
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3150
BOARD
Confidential
BHDA
©
MEMBER CONFIDENTIAL
COMMUNICATIONS
Communications
R
AF
T
The Board recognizes that confidential information will be brought to the
attention of individual Board members and/or the Board that includes, but is
not limited to, the following:
 Matters relating to the employment or dismissal of, or charges against,
specific District personnel.
 Matters relating to litigation or proposed litigation in which the Board
is or may become a party, or attorney-client communications.
 Matters of consideration regarding the acceptance of gifts, bequests, or
donations where confidentiality has been requested by the donor.
 Consideration of wages and benefits during salary discussions.
 Considerations of the suspension, expulsion or disciplinary action
related to a student(s).
 Matters relating to discussions of bargaining strategy preliminary to
collective bargaining and information relating to actual collective
bargaining sessions.
D
The Board further recognizes that public disclosure of such information may
result in injury to individuals or potential harm and possible liability to the
District and that Board members are honor-bound by the Board's Code of
Ethics to respect the confidentiality of information that is privileged under
applicable law. Thus, Board members shall discuss or disclose confidential
information only in connection with legitimate District business and only
with individuals having a legitimate right to know.
All information discussed or documents provided to Board members which
fall within the parameters of confidential information, or which are presented
in an executive session authorized to be closed by the Open Meetings Act,
shall be kept confidential unless otherwise authorized by a majority vote of
the Board.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Adopted:
date of manual adoption
BEDH - Public Participation at Board Meetings
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3200
BIA
©
NEW
BOARD
MEMBER ORIENTATION /
HANDBOOK
R
AF
T
A member-elect - or any person designated for appointment as a
member-elect - of the Board is to be afforded the Board's and the staff's
fullest measures of courtesy and cooperation. The Board and staff shall
make every effort to assist the member-elect to become fully informed about
the Board's functions, policies, procedures, and problems.
In the interim between election or appointment and actually assuming office,
the member-elect shall be invited to attend appropriate meetings and
functions of the Board and is to receive appropriate reports and
communications normally sent to Board members.
Under the guidance of experienced Board members and the Superintendent,
orientation will be provided to new Board members through activities such
as:
 Workshop for new Board members conducted by state and area school
Board associations.
Their expenses at these meetings may be
reimbursed by the District in accordance with law.
 Discussions and visits with the Superintendent and/or other members
of the staff.
 Provision of printed and audio-visual materials on School Board and
administrative policies and procedures.
D
The member-elect is to be provided access to appropriate publications and
aids, including the Board's Policy Manual and Administrative Regulations
and publications of the state and national school boards associations.
The Board President and members of the administrative staff will also confer
with the member-elect as necessary on special problems or concerns.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-12 NMSA
22-5-13 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3250
BIB
©
BOARD
MEMBER DEVELOPMENT
OPPORTUNITIES
Board members are encouraged to attend workshops presented by the county,
state, and school boards associations. Professional journals and books in the
school libraries shall be available to every Board member.
date of manual adoption
R
AF
T
Adopted:
22-5-13 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3300
BIBA
©
BOARD MEMBER CONFERENCES,
CONVENTIONS, AND WORKSHOPS
R
AF
T
In keeping with the need for continuing in-service training and development
for its members, the Board encourages the participation of all members at
appropriate Board training, conferences, workshops, and conventions.
However, in order to control the investment of time and funds necessary to
implement this policy, the Board establishes these principles and procedures
for its guidance:
 The Board will provide funds for members to participate in State Public
Education Department mandatory training, State Association and
National Association training each year.
 Funds for participation at such meetings will be budgeted on an annual
basis. When funds are limited, the Board will designate which of its
members would be the most appropriate to participate at a given
meeting. With the prior approval of the Board, Board members may
participate in meetings other than those authorized in the budget.
 When a conference, convention, or workshop is not attended by the full
Board, those who do participate will be requested to share information,
recommendations, and material acquired at the meeting.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-13 NMSA
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
DKC - Expense Authorization/Reimbursement
B-3400
BID
©
BOARD
MEMBER COMPENSATION
AND EXPENSES
Board members shall serve without compensation.
R
AF
T
Board members may be reimbursed for expenses incurred in connection with
any school business authorized by the Board.
Reimbursement amounts shall not exceed the maximum amounts established
pursuant to 6.20.2.19 NMAC.
The Board may grant approval for a Board member to be reimbursed actual
expenses in lieu of per diem. Reimbursement for meals is limited to a
maximum of thirty dollars ($30) per day instate and forty-five dollars ($45)
per day out-of-state provided that the Board member submits receipts for the
actual expenses incurred. Reimbursement for lodging is limited to actual
lodging costs provided the Board member submits receipts for the actual
expenses incurred.
The Superintendent or the Superintendent's designee may grant travel
advances. The traveler must submit required forms to receive advancement.
The advancement will be processed at eighty percent (80%) of the total
reimbursable trip cost. If a trip is not taken following advancement for such
trip, all legal means will be employed to ensure proper reimbursement to the
District.
Adopted:
date of manual adoption
D
LEGAL REF.: 10-8-1 NMSA et seq.
22-5-5 NMSA
6.20.2.19 NMAC
CROSS REF.:
DKC - Expense Authorization/Reimbursement
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3500
BJ
©
SCHOOL
BOARD
LEGISLATIVE
PROGRAM
The Board will participate in legislative programs through conferences with
the state and national school boards associations.
R
AF
T
The Board authorizes the Superintendent to actively participate in the
development of legislation that has a positive effect on educational programs
of the District.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3650
BK
©
SCHOOL
BOARD
MEMBERSHIPS
The Board may choose to be a member of and participate in school boards
associations at the state, county, regional, and national levels.
The
Superintendent will ensure that the subject of school boards association
membership is addressed during budget preparation.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B-3700
BKA
©
LIAISON WITH SCHOOL
BOARDS ASSOCIATIONS
R
AF
T
In addition to informational liaison between itself and the various school
boards associations, the Board shall be officially represented in the
associations' affairs through the election and appointment of delegates and/or
observers to the governing bodies of these organizations.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
GENERAL SCHOOL ADMINISTRATION
D
R
AF
T
SECTION C
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-0050
CA
©
ADMINISTRATION GOALS /
PRIORITY OBJECTIVES
R
AF
T
The District administration is responsible, within the guidelines established
by Board policy, for the direction and coordination of students and staff
members in their efforts to reach educational goals adopted by the Board.
The Board expects the administration to specialize in:
 the processes of decision making and communication;
 planning, organizing,
programs;
implementing,
and
evaluating
educational
 the demonstration of educational leadership;
 the development and maintenance of close working relationships and
channels of communication within the District and the community;
 the minimization of misunderstandings; and
 the development of cooperation toward attaining the educational goals
adopted by the Board.
Adopted:
date of manual adoption
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
1^C-0100
©
CB
SUPERINTENDENT
The Board shall employ a Superintendent, who shall enforce the statutes of
the state of New Mexico, the rules of the Secretary of Public Education, and
the policies of the Local Board of the District. The Superintendent shall:
 carry out the educational policies and rules of the State Board and
Local School Board;
administer and supervise the School District;
R
AF
T

employ, fix the salaries of, assign, terminate or discharge all employees of the School District;
prepare the School District budget based on public schools' recommendations for review and
and provide a school budget template to use in making school budget
recommendations;
perform other duties as required by law, the department or the Local School Board.
administer Local Board policies and state and federal regulations including the Public School
be accountable for student achievement, budget management, expenditure of funds, dissemina
attend all Board meetings or, when necessary, designate a licensed administrator to attend;
ensure that school patrons and the public are informed and involved in the acquisition, planni

ensure that all students are supervised; and
D
 administer and implement the District's approved staff accountability
plan and procedures.
In addition, the Superintendent of Schools shall:
 operate in a fair, open, and ethical manner at all times;

work wit

strictly en

keep the Board fully informed on all matters of its concern;

interpret accurately the needs of the school system to the public;
1 Added
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
work toward the improvement of the instructional program and staff relations;

avoid unex

operate the system in a fiscally sound manner;

support Board decisions at all times;

evaluate the staff on a regular basis and in a fair and objective manner;
 keep the Board advised of changes, innovations, and trends in education that might be ap
function as the Board's chief executive officer.
R
AF
T

The administration of the school system in all aspects is the responsibility of
the Superintendent, whose functions shall be carried out in accordance with
the policies of the Board.
The Superintendent may establish regulations for the administration of the
District that are in compliance with applicable statutes or regulations of the
Secretary of Public Education and the policies of the Board.
These
regulations are binding on the employees of this District and students in the
schools.
Superintendent's
Contract
D
The Board may contract with a Superintendent for a term not to exceed three
(3) years. The contract year for the Superintendent shall be twelve (12)
months and shall begin on July 1 of the year and end on June 30. The Board
will take action on an existing Superintendent's contract no later than
February of the year the contract expires. The Board may extend the
contract in the intervening year of a multiple year contract.
The
Superintendent's benefits shall be determined at the time of appointment or
reappointment and shall be made part of the written contract. The Board
may also issue a contract addendum outlining any specific conditions or
requirements negotiated by the Board and the Superintendent that extend
beyond the regular contractual provisions.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-14 NMSA
22-10A-21 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-0150
CBA
©
QUALIFICATIONS AND DUTIES
OF THE SUPERINTENDENT
(Performance Responsibilities)
R
AF
T
The Superintendent shall have appropriate certification. Further, the
Superintendent shall supervise, either directly or through delegation, all
activities and all personnel of the school system according to the laws of the
state of New Mexico, rules of the New Mexico Secretary of Public Education,
and adopted policies of the Board. The Superintendent shall employ, fix the
salaries of, assign, terminate or discharge all employees of the School
District.
The Superintendent is the District's chief executive officer and the
administrative head of all divisions and departments of the school system.
It is the Superintendent's duty to administer the policies of the Board and to
provide leadership for the entire school system. The Superintendent is the
professional consultant to the Board and, in this capacity, makes
recommendations to the Board for changes in Board policies and the
educational program.
The Superintendent provides the initiative and the technical guidance for the
improvement of the total program of the school system. The delegation of
authority for the operation of the various functions of the school system is one
(1) of the Superintendent's duties.
The Superintendent is, however,
responsible to the Board for all functions of the District, including those
listed below.
D
Education:
 Administers the development, coordination, maintenance, and
evaluation of the educational program, including the special education
program.
 Supervises methods of teaching, supervision, and administration in
effect in the schools.
 Keeps informed of modern educational thought and practices by
advanced study, by visiting school systems elsewhere, by attending
educational conferences, and by other appropriate means.
 Keeps
the
public
informed
about
modern education
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
practices,
educational trends, and the policies, practices, and problems in the
District schools.
Management:
 Ensures that all activities of the District are conducted in accordance
with the laws of the state of New Mexico, the regulations of the New
Mexico Secretary of Education, and the policies of the Board.
 Assumes responsibility for the overall financial planning of the District
and for the preparation of the annual budget, and submits it to the
Board for review and approval.
R
AF
T
 Establishes and maintains efficient procedures and effective controls for
all expenditures of school funds in accordance with the adopted budget,
subject to direction and approval of the Board.
 Maintains or has maintained adequate records for the schools,
including financial accounts; business and property records; and
personnel, school population, and scholastic records.
 Provides suitable instructions and
maintenance of District properties.
regulations
to
govern
the
 Provides suitable instructions and regulations to govern the safety and
transportation of students.
 Assumes responsibility for the use of buildings and grounds.
D
 Recommends the locations and sizes of new school sites and of additions
to existing sites; the locations and sizes of new buildings; the plans for
new school buildings; all appropriations for sites and buildings; and
improvements, alterations, and changes in the buildings and equipment
of the District.
 Oversees the processing and submission of required reports.
 Interprets the budget and finances to the community.
 Remains current on new legislation and implements laws to the best
advantage of the District.
Board:
 Attends and participates in all meetings of the Board and its
committees, except when excused by the Board.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Takes prompt action to implement all directives of the Board.
 Advises the Board on the need for new and/or revised policies.
 Provides timely advice to the Board on the implication of changes in
statutes or regulations affecting education.
 Informs and advises the Board about programs, practices, and problems
of the schools, and keeps the Board informed of the activities operating
under the Board's authority.
R
AF
T
 Prepares and submits to the Board recommendations relative to all
matters requiring Board action, placing before the Board such facts,
objective information, and reports as are needed to ensure the making
of informed decisions.
 Develops and implements rules and regulations in keeping with Board
policy.
 Acts as chief public relations agent for the District.
 Acts on own discretion if action is necessary in any matter not covered
by Board policy, reports such action to the Board as soon as practicable,
and recommends policy guidance in the future.
Personnel:
 Ensures that all employees are evaluated in accordance with the
schedule established by the Board.
 Determines assignments, defines the duties, and coordinates and
directs the work of all employees of the District.
D
 Communicates to all employees all actions of the Board relating to
personnel matters, and receives from employees all communications to
be made to the Board.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-14 NMSA
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
CBI - Evaluation of Superintendent
2
C-0300
©
CBCA
DELEGATED
AUTHORITY
The Governing Board delegates to the Superintendent, among other powers,
the authority to perform the following acts:
R
AF
T
 To act as hearing officer or hearing authority for the purposes of
hearing or reviewing facts, deciding appropriate disciplinary action, or
reviewing disciplinary actions of other designated or authorized
administrators, consistent with procedures established by state law or
regulation or board policy. Instances in which the Superintendent may
exercise such delegation of authority include, but are not limited to,
acting as hearing authority, review authority, or disciplinarian in
hearings involving long-term suspension or expulsion of public school
students. The Superintendent may designate other administrators to
perform any of such functions.
 To effect the immediate and temporary suspension with pay of public
school employees, whether certified or non-certified, or to accept
employee resignations, where the Superintendent in the exercise of
his/her sole discretion determines such immediate action to be in the
best interests of the school district, necessary to preserve the health,
safety, or welfare of the students, or other employees of the district, or
to assure the continued efficient operation of the school district. No
appeal to the Board from such action may be requested unless the
Superintendent suspends such employee without pay or terminates or
discharges the employee.
D
 To make needed decisions regarding the complete or partial operation
or cancellation of the schools on bad-weather days.
 To review grievance resolution proceedings as set forth in Board policy
and to determine whether particular issues are not subject to such
grievance procedure.
 To act as the district spokesperson to the media.
The delegation of authority provided herein may not be used in a manner
contrary to state law or regulation or to deny any student or employee rights
to which he or she may otherwise be entitled. The Board may expand the
delegation prescribed herein in appropriate circumstances.
The
2 correct header center copyright.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
enumeration of delegated authorities to the Superintendent shall not be
construed to limit the authority of the Superintendent to take such further
actions as may be necessary to administer school district programs or to
execute school board policy, unless such authority is reserved to the school
board by state law.
Adopted:
date of manual adoption
22-5-4 NMSA
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-0600
EVALUATION
OF
©
SUPERINTENDENT
EVALUATION
OF
SUPERINTENDENT
The Board shall evaluate the Superintendent at least once each year.
Evaluations are confidential.
R
AF
T
The evaluation(s) shall relate to the Superintendent's duties, responsibilities,
and progress toward established goals.
To enable the re-employment decision to be made in a timely manner, the
completed written evaluation shall be presented to and discussed with the
Superintendent in an executive session with the Board prior to any
re-employment decision by the Board.
The Superintendent shall provide each member of the Board a copy of the
evaluation instrument not later than November 10. The Board President
shall schedule a meeting not later than December 18, when the Board will
devote an executive session to the evaluation of the Superintendent's
performance, to discuss working relationships between the Superintendent
and the Board, and to review the Superintendent's contract (with the
Superintendent present). Any meetings of the Board to compile evaluations,
or meetings to discuss the evaluations with the Superintendent, shall be held
in executive session. Board members shall have the opportunity to discuss
with the Superintendent any item(s) on which the Board fails to achieve
consensus.
D
A copy of any written evaluation shall be given to the Superintendent. If in
disagreement with such evaluation, the Superintendent may respond in
writing to the Board.
Upon the conclusion of the evaluation, the Board may determine whether any
changes in the compensation and benefits or contract term of the
Superintendent are warranted.
The evaluation and any comments by the Superintendent shall become a part
of the Superintendent's confidential personnel file.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-4 NMSA
22-5-14 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
CBI
CBA - Qualifications and Duties of Superintendent
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-0631
CBI-E
©
EXHIBIT
EXHIBIT
EVALUATION
OF
SUPERINTENDENT
Evaluation Rating Symbols
R
AF
T
O = Outstanding; S = Satisfactory; N = Needs Improvement; U = Unsatisfactory; X = Not
Observed
Note: Any rating of outstanding, needs improvement, or unsatisfactory requires the evaluator to
list specific information in the Comments section that justifies and supports such rating.
A.
O
X

O
U

O
U
S
N

U


 Supervises methods of teaching, supervision, and

N
 Keeps informed of modern educational practices


X

S
N
X
D

N
X

S


 Administers the development, coordination,
maintenance, and evaluation of the educational
program, including the special education program.

S

O
U
Education

administration in effect in the schools.
and thought by advanced study, by visiting school
systems elsewhere, by attending educational
conferences, and by other appropriate means.
 Keeps the public informed about modern
education
practices, educational trends, and the policies,
practices, and problems in the District schools.
Comments
regarding
Section A:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
B.
O
X

S
N

U

conducted in accordance with the laws of the state
of New Mexico, the regulations of the New Mexico
Board of Education, and the policies of the Board.

S
 Ensures that all activities of the District are
N
X
 Assumes responsibility for the overall financial
planning of the District and for the preparation of
the annual budget, and submits it to the Board for
review and approval.
R
AF
T
O
U
Management

O
U

S


O
U



S

O
U

O

N
 Maintains or has maintained adequate records for



S


S



 Provides suitable instructions and regulations to

N
 Provides suitable instructions and regulations to

N
 Assumes responsibility for the use of buildings

N
 Recommends the locations and sizes of new school
X
X
X
S
the schools, including financial accounts; business
and property records; and personnel, school
population, and scholastic records.
N
X

S
 Establishes and maintains efficient procedures
and effective controls for all expenditures of school
funds in accordance with the adopted budget,
subject to direction and approval by the Board.
X
D

O
U
N
S

O
U

X

O
U


N
govern the maintenance of school properties.
govern the transportation of students.
and
grounds.
sites and of additions to existing sites; the
locations and sizes of new buildings; the plans for
new school buildings; all appropriations for sites
and buildings; and improvements, alterations, and
changes in the buildings and equipment of the
District.
 Oversees the processing and submission of
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
U

O
U

O
U
required reports.
X

S


S




N
 Interprets the budget and finances to the

N
 Remains current on new legislation and
X
X
implements laws to the best advantage
of the District.

R
AF
T

community.
Comments regarding Section B:
C.
Board
O
X

S
N
O
U

O
U

O
U

S
X

U



N
D
S
X

S
X

O
U

S
X
O
U
S
X
Board and its committees, except when excused
by the Board.
 Takes prompt action to implement all directives of
N

the Board.

 Advises the Board on the need for new and/or
revised policies.

N



 Provides timely advice to the Board on the

N
implication of changes in statutes or regulations
affecting education.
 Informs and advises the Board about programs,
N

 Attends and participates in all meetings of the

practices, and problems of schools, and keeps the
Board informed of the activities operating under
the Board's authority.
 Prepares and submits to the Board
recommendations relative to all matters
requiring Board action, placing before the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

S
X


Board such facts, objective information, and
reports as are needed to ensure the making
of informed decisions.
 Develops and implements rules and regulations in
N
keeping with Board policy.

S
X

N

 Acts as chief public relations agent for the
District.

S
X

N

 Acts on own discretion if action is necessary in
any
matter not covered by Board policy, reports such
action to the Board as soon as practicable, and
recommends policy guidance in the future.
R
AF
T
O
U

O
U

O
U





Comments regarding Section C:
D.
S
X
N
D
O
U


O
U


O
U


Personnel

S
X

N

S
X

N


 Ensures that all employees are evaluated in
accordance with the schedule established by
the Board.
 Determines assignments, defines the duties, and
coordinates and directs the work of all employees
of the District.
 Communicates to all employees all actions of the
Board relating to personnel matters, and receives
from employees all communications to be made to
the Board.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
R
AF
T
Comments regarding Section D:
D
Summary:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-0900
CCB
©
LINE
AND
STAFF
RELATIONS
R
AF
T
Unless otherwise specifically limited by statute or Board action, any of the
powers and duties specifically assigned to the Superintendent may be
delegated to others serving under the Superintendent.
However, the
Superintendent shall continue to be responsible to the Board for the
satisfactory execution of the delegated power and duties.
Lines of authority shall be outlined by the Superintendent by means of
organization charts, job descriptions, administrative regulations or directives.
Adopted:
date of manual adoption
22-5-4 NMSA
6.20.2.12 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1100
©
CE
ADMINISTRATIVE COUNCILS, CABINETS,
AND COMMITTEES
R
AF
T
The Board authorizes the Superintendent to establish advisory councils,
cabinets, and committees when deemed necessary for proper administration
of Board policies and for the improvement of the total educational program.
All cabinets, councils, and committees created by the Superintendent shall be
for the purpose of obtaining to a maximum degree the advice and counsel of
the personnel, clients, and patrons of the District.
The number, composition, and work to be done by such cabinets, councils,
and committees shall be defined by the Superintendent.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1200
CFA
©
SCHOOL PRINCIPALS / BUILDING
ADMINISTRATORS
R
AF
T
The primary duty of a principal is to administer and supervise the
instructional program. A principal, as the educational leader of the school,
will administer and supervise the school in accordance with policies and
administrative regulations of the District.
A principal will be directly responsible to and will report only to the
Superintendent and will keep the Superintendent informed of the conditions
and needs of the school. Duties, authority, and responsibilities of the
principal will be delegated only by the Superintendent. These duties include,
but are not limited to, the following:
 A principal is responsible for the operation of the educational program
of the school.
A principal is responsible for the supervision and evaluation of the building staff members and
A principal will recommend employment, promotion, transfer, discharge and termination of sc

A principal will maintain discipline on the part of personnel and students.
A principal will care for and protect the building, the equipment, the grounds, and other schoo

A principal will maintain school records and prepare reports.
A principal will develop a proposed budget for the public school, with input from the school cou
D
A principal will take reasonable precautions to safeguard the health and welfare of students a
A principal will be responsible for maintaining a close relationship with the community and sh
A principal will remain well informed relative to modern educational thought and practice.
A principal will perform other duties assigned to him by the Superintendent to implement the
Adopted:
date of manual adoption
LEGAL REF.:
22-10A-18 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1350
CFD
©
SCHOOL - BASED
MANAGEMENT
(School Councils)
R
AF
T
The Board authorizes the establishment of a school council at each school site.
The school council shall work with the school principal and give advice,
consistent with state and school district rules and policies, on instructional
issues and curricula and on the public school's proposed and actual budgets.
The school council shall develop creative ways to involve parents in the
schools, champion for students, build community support and encourage
community participation in the public schools.
Develop strategies/designs that may coordinate with any existing work force
development boards or vocational education advisory councils to connect
students and school academic programs to business resources and
opportunities.
This shared decision making shall not supersede Board, Superintendent, or
principal decision-making responsibilities unless waived by the Board.
Membership
The school council at each school shall reflect an equitable balance between
school employees, parents, and community members and shall be composed
of:
D
 Two (2) parents of students enrolled in the school who are not employed
by the District.
 One (1) teacher.
 One (1) nonlicensed employee.
 Two (2) community members, one (1) who must represent the business
community if such person is available.
The initial representatives shall be selected at public meetings held at the
school site, and, thereafter, representatives shall be selected by their groups
at an annual organizational meeting. Each group specified above shall
select its school council appointees and shall submit the names of its
respective representatives to the principal. Schools shall give notice of the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
public meeting where the representatives of the groups shall be selected,
clearly stating its purpose, time and place. The notice shall be posted in at
least three (3) different locations at the school site and in the community and
shall be given to pupils for delivery to their parents or guardians. Should a
council member resign or move the principal may appoint an interim member
of the group until the next organizational meeting.
The principal will call advisory council meetings and maintain minutes, post
the agenda, and provide necessary resources for their functions in accord
with Statutes, Secretary of Public Education regulations and District policy
and regulations.
date of manual adoption
R
AF
T
Adopted:
22-5-16 NMSA
CROSS REF.:
BDD - Board-Superintendent Relationship
CCB - Line and Staff Relations
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1361
CFD-R
©
REGULATION
REGULATION
SCHOOL - BASED
MANAGEMENT
(School Councils)
of
R
AF
T
Role and Responsibility
the School Council
The council:
 Is advisory to the school administrative staff.
 Is a representative group that solicits input from parents, community,
and staff members.
 Reviews literature and data.
 Makes recommendations for school improvement.
 Monitors implementation structure for new instructional designs.
 Provides local leadership
decision-making structure.
and
representation
in
the
school
D
There may be a tendency for a school council to lose its understanding of
extended ownership to groups affected by its decisions, and, in effect, become
a new local bureaucracy. To avoid this result, employees must be aware and
remind one another that the movement to shared decision making at the
school level is not for the purpose of creating new, smaller bureaucracies to
replace a larger bureaucracy, but, rather, a movement to involve all
constituencies in fulfilling the mission and beliefs of the District.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1381
CFD-E
©
EXHIBIT
EXHIBIT
SCHOOL - BASED
MANAGEMENT
(School Councils)
R
AF
T
Research has identified characteristics of effective schools. Such research
makes it clear that the most influential unit of effective school change or
improvement is the individual school demonstrating the following
characteristics:
 Consensus on explicit
statement).
instructional goals
and
beliefs
(mission
 District-level support for school improvement; Board, administration,
and staff commitment to current research and the District-adopted
mission statement.
 Ongoing staff development and training.
 High level of parental involvement and support.
 Individual school autonomy and flexibility in the development of new
curricular and instructional designs.
 Collaborative, collegial instructional planning.
 A focus on basic skills acquisition.
D
 An emphasis upon higher-order cognitive skills.
 Teacher responsibility for effective
management decisions and practices.
instructional and
classroom
 Teacher/parent accountability and acceptance of responsibility for
student performances.
 A safe, orderly, and disciplined school climate.
 Strong instructional leadership.
 Frequent monitoring of student progress.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
 Measurable student performance outcomes.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1450
CFI
VIDEO SURVEILLANCE
The School Board authorizes the use of video surveillance equipment on
School District property to enhance the safety of students and others on
school premises and to deter inappropriate behavior.
R
AF
T
In dealing with surveillance of students and employees, the Board recognizes
both its obligation to provide appropriate levels of supervision in the interests
of safety and the fact that students and employees have privacy rights that
are reduced but not eliminated while under the supervision of the school.
Thus video surveillance, like other forms of supervision, must be carried out
in a way that respects privacy rights.
A video recording is subject to the provisions of the Family Education Rights
and Privacy Act (FERPA).
Use
Video surveillance cameras may be used to monitor and/or record in locations
authorized by the school principal or the officials of the School District.
Public notification signs must be prominently displayed, indicating the use of
video surveillance. Video surveillance in an instructional setting would be
used only with permission from the Superintendent when there are specific
circumstances that require additional need of video surveillance cameras for
safety purposes.
D
Video surveillance is not to be ordinarily used in locations where
appropriate confidential or private activities/functions are routinely carried
out (e.g., bathrooms, private conference/meeting rooms). The Superintendent
of Schools or designee must authorize any exception to this on the grounds
that no other supervision option is feasible and that the pressing need
outweighs the privacy interest of the student or other person likely to be
observed. Surveillance of such locations may not be authorized on an
ongoing basis.
Security
Only a designated employee or agent of the School District will install
surveillance cameras. Only designated school officials shall have access to
the camera equipment and operations system. For the purposes of this policy,
school officials are school administrators, school employees designated by
school administrators, and school resource officers. Only these school officials
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
shall handle the camera or copies of video segments. Video copies shall be
stored in a secure area. Video copies may never be sold, publicly viewed or
distributed in any other fashion except as approved for by this policy and/or
relevant legislation.
Viewing of Video Recordings
R
AF
T
Video monitors used to view video recordings should not be located in a
position that enables public viewing. Video recordings may only be viewed by
school administrators, school officials, or school staff members with a direct
involvement with the recorded contents of the specific video recording or
employees or agents responsible for the technical operations of the system
(for technical purposes only).
Use of Video Recordings for Disciplinary
Action
Video recordings may be used as a basis for student or employee disciplinary
action. Video surveillance recordings involving students are considered to be
educational records under FERPA. Therefore, consent must be given in
order to disclose information contained on video recordings obtained through
video surveillance, except to the extent that FERPA authorizes disclosure
without consent. Viewing may be refused or limited where viewing would be
an unreasonable invasion of a third party’s personal privacy, give rise to a
concern for the safety of a third party or where protected from disclosure by
law.
All viewing requests must be submitted in writing to the
Superintendent of Schools.
Retention of Video Recordings
D
A copy of a video recording shall be made when an incident results in a
suspension or expulsion, a student injury, or if there is a prospect of a legal
claim against the District. The copy of the video recording shall be sent to
the Superintendent or designee to be kept in a secure location. If a recording
is used in the making of a decision about a student or employee, the recording
must be kept for a minimum of one year, unless earlier erasure is authorized
by or on behalf of the individual or the relevant appeals periods have expired.
Video recordings shall be maintained for at least two weeks and then erased
unless they are being retained as indicated in the preceding paragraph or at
the request of the school principal.
Review
Each school principal is responsible for the proper implementation and
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
control of the video surveillance system. The Superintendent of Schools or
designee shall conduct an annual review to ensure that this policy and
procedures are being followed.
Adopted:
date of manual adoption
22-5-4 NMSA
22-5-14 NMSA
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1950
CH
©
POLICY
IMPLEMENTATION
The Superintendent has the responsibility for carrying out, through
administrative regulations, the policies established by the Board. The
administrative regulations shall specify required actions and reflect the
detailed arrangement under which the District will be operated.
R
AF
T
The policies adopted by the Board and the administrative regulations
developed to implement policy are designed to promote an effective and
efficient school system. All employees and students shall comply with Board
policies and administrative regulations.
Adopted:
date of manual adoption
22-5-4 NMSA
22-5-14 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-1961
CH-R
©
REGULATION
REGULATION
POLICY
IMPLEMENTATION
D
R
AF
T
Principals, directors, and others designated by the Superintendent shall
establish procedures for conducting activities within their individual units
that are consistent with administrative regulations and Board policies.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-2150
CHCA
©
HANDBOOKS
AND
DIRECTIVES
Curriculum guides, manuals, handbooks, pamphlets, and similar publications
will be presented to the Superintendent for approval prior to publication.
The Superintendent shall ensure that all such publications are consistent
with Board policies and administrative regulations.
R
AF
T
Copies of all such publications shall be provided to the Board.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-2161
CHCA-R
©
REGULATION
HANDBOOKS
REGULATION
AND
DIRECTIVES
D
R
AF
T
All curriculum guides, manuals, handbooks, pamphlets, and similar
publications shall be reviewed by the principal or supervisor, and shall be
forwarded to the Superintendent for approval prior to printing and
distribution.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-2200
CHD
©
ADMINISTRATION IN THE
ABSENCE OF POLICY
R
AF
T
The Superintendent shall have the authority to implement action if a
situation should develop that is not covered by established Board policy. It
is the Superintendent's duty to inform the Board of any such action and of
the need to develop an official policy.
Adopted:
date of manual adoption
22-5-4 NMSA
22-5-14 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-2350
CK
©
ADMINISTRATIVE
CONSULTANTS
R
AF
T
Professional consultants from the New Mexico School Boards Association, the
New Mexico Public Education Department, universities, and colleges, as well
as other resource persons, may be used when such consultive services will be
helpful in the improvement of the instructional program. All consultants
shall be approved by the Superintendent prior to the invitation and
arrangement for such visitation.
Adopted:
date of manual adoption
22-5-14 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C-2450
CM
©
SCHOOL DISTRICT ANNUAL
ACCOUNTABILITY REPORT
R
AF
T
The Board shall make an annual accountability report as determined by the
Public Education Department containing such information and surveys as
may be required by state statute or administrative code. Preparation of the
report shall be in accord with the relevant statutes.
The District's annual accountability report shall be adopted by the Board.
No later than November 15 of each year the report may be published in a
newspaper of general circulation in the county where the District is located.
The report, titled "The School District Report Card", shall be disseminated in
accordance with guidelines established by the Secretary of Public Education.
Adopted:
date of manual adoption
22-1-6.1 NMSA
22-2C-11 NMSA
22-8-23.3 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
FISCAL MANAGEMENT
D
R
AF
T
SECTION D
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0050
DA
©
FISCAL MANAGEMENT GOALS /
PRIORITY OBJECTIVES
R
AF
T
The Board recognizes that money and its management constitute the
foundation of the entire school program. To make that support as effective
as possible, the Board intends to:
 Encourage short- and long-range planning through the best possible
budgeting procedures.
 Explore all practical and legal sources of monetary income.
 Guide the expenditure of funds to achieve the greatest educational
returns.
 Require maximum efficiency in accounting and reporting procedures.
 Maintain, within budget limits, a level of per-student expenditure
needed to provide high-quality education.
 Follow the Manual of Procedures for Public School Accounting and
Budgeting.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0150
DB
©
ANNUAL
BUDGET
R
AF
T
The annual operating budget for the District is a written plan for the
allocation of financial resources predicated upon estimated revenues and
expenditures. The District's Educational Plan for Student Success (EPSS)
shall serve as the basis for developing the budget. The Superintendent shall
establish a budget development process which ensures the involvement of all
stakeholders;
employees,
students,
parents,
citizens,
community
organizations, etc. Such representation, at least in part, should be selected
from that body of stakeholders that developed the EPSS recommendations.
Recommendations from stakeholders will be made to the Superintendent for
review and adjustment with the Superintendent's recommendations
submitted to the Board for review and final adoption. The Manual of
Procedures for Public School Accounting and Budgeting will be followed in all
instances.
Fiscal
Year
The fiscal year for the District will be from July 1 to June 30.
Adopted:
date of manual adoption
22-5-4 NMSA
22-8-9 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^D-0300
DBC
©
BUDGET
Deadline and
Requirements
PLANNING, PREPARATION,
AND SCHEDULES
Schedule
R
AF
T
The Superintendent will present the tentative District budget to the Board
for final review prior to the submission deadline of the State Public
Education Department (PED). The Board will conduct at least one (1)
preliminary review of the Superintendent's budget recommendations prior to
the final review. Public comment and input will be taken at all such
preliminary meetings. The proposed budget shall be submitted by April 15
or later as approved by the Secretary of PED. Approval of the proposed
budget by the Local Board shall be in a public hearing noticed in accord with
the Open Meeting Act and held prior to June 20. Certification of the
proposed budget by the PED shall be on or before July 1. The approved and
certified budget then constitutes the operating budget. On or before July 31,
the District shall determine actual cash balances in all funds and report them
on the most current form prescribed by the PED, making such adjustments in
the budget as required to limit expenditure of the June credits in the
operational subfund. The Superintendent shall develop a process for
allocating resources from the budget to the schools and work sites. The
allocation process shall address the priorities identified in the District's
Educational Plan for Student Success (EPSS) action plans.
Adopted:
date of manual adoption
22-8-6 NMSA
6.20.2.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0311
DBC-R
©
REGULATION
BUDGET
REGULATION
PLANNING, PREPARATION,
AND SCHEDULES
R
AF
T
The business office will prepare a schedule of budget deadlines for
presentation to the Superintendent each year. This schedule will cover all
actions necessary to prepare the budget for the following school year.
The following items may be included in the recommended budget schedule:
 Specific date for receipt of unit budgets from administrators.
 Date for initial meeting with appropriate staff members on the budget.
 Dates for the eightieth (80th) day and one hundred twentieth (120th)
day enrollment.
 Date(s) for estimates on the maintenance and operations and capital
budgets.
 Date for completion of salary consideration(s).
 Date for publication of proposed budget.
 Date for notice of budget hearing to be published.
 Date(s) to submit reports or information to the state school offices.
D
 Date for budget hearing on following year's budget.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0750
DBI
©
BUDGET
IMPLEMENTATION
The Superintendent will be responsible for the monthly reconciliation of the
budget. The Board will be provided with monthly reports concerning the
status of the budget and a mid-year report projecting budget revenues and
expenditures for the remainder of the year.
date of manual adoption
R
AF
T
Adopted:
22-8-12 NMSA
6.20.2.10 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0800
DBJ
©
BUDGET
TRANSFERS
Periodically throughout the year, the budget will be reconciled to the actual
expenditures of the District.
Budget
Line
Item
Transfers
R
AF
T
The Board may authorize a transfer within the operational budget if the
transfer is within the same budget series. Approval of the State Public
Education Department, Public School Finance Division, is required for
between-series budget transfers after the Board has approved such transfers.
All transfers shall be made in compliance with State law and New Mexico
Public Education Department, School Budget & Finance Analysis Bureau
procedures.
Budget Increases/Decreases
A budget increase may be required upon receipt of additional revenue related
to a special project or program. A budget decrease may be required if
anticipated revenue is not realized. Both increases and/or decreases require
local school Board of Education and New Mexico Public Education
Department, School Budget & Finance Analysis Bureau approval prior to
incorporation into the District’s budget.
Adopted:
date of manual adoption
6.20.2.10 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0950
DD
©
FUNDING PROPOSALS, GRANTS,
AND SPECIAL PROJECTS
Grants accepted by the Board are subject to accounting rules and regulations
as set forth by the School Budget Planning Unit of the New Mexico Public
Education Department.
R
AF
T
Grant proposals for external funds shall be submitted to the District
Business Office for fiscal evaluation and determination of availability and/or
system of funding. Generally, grant awards will not be accepted under
either of the following two conditions:
 When the grant award is insufficient to pay the actual total cost of the
service or program being created, including capital outlay needs, or
 When, at the grant termination, the District would be obligated to
continue the grant-created service or program with District funds.
When an exception to these conditions is contemplated, the Superintendent
shall provide the Board with full notice in advance of proceeding to secure the
grant award.
The Board reserves the right to reject funds associated with any grant that
has been approved.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-0981
DD-E
©
EXHIBIT
EXHIBIT
FUNDING PROPOSALS, GRANTS,
AND SPECIAL PROJECTS
RESOLUTION
R
AF
T
WHEREAS, participation in programs funded in whole or in part by federal
funds requires that a participating district demonstrate that the district
meets the requirement of comparability between schools that receive federal
funding and those that do not receive such funding, and that the district
provide for equivalency of access to district staffing, equipment, and
materials by all district schools, based on student per-capita allocations and
individual schools' needs analyses, and, in addition, that all schools and
programs have equivalent access to district support operations including but
not limited to maintenance, transportation, and warehousing operations
support; and
WHEREAS, budgets for staffing, textbooks, equipment, supplies, and services
for district schools will be provided for at all schools without supplanting
special funding provided from any source with nonsupplanting requirements;
and
WHEREAS, expenditures budgets for schools participating in Title I
programs will be provided for on the same per-capita basis as budgets for
schools not participating in the program; and
D
WHEREAS, the Elida Municipal School District intends to participate in
such programs and receive federal funds;
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the
Elida Municipal School District hereby directs the Superintendent to ensure
that said district does in fact comply with such mandates for comparability
and equivalency of access for the period of any grant under which such funds
are received.
This resolution was moved, seconded, and passed at a meeting of the
Elida Municipal School District Governing Board on ____________________,
20____.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
ATTEST:
D
R
AF
T
____________________________________
President
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-1350
DFA
©
REVENUES
FROM
INVESTMENTS
The Superintendent is responsible for the effective investment of District
funds. Such investments shall comply with all regulatory agency standards.
Funds, eligible for investment but not required for current operations, should
be invested considering the following objectives:
R
AF
T
Investment Objectives:
 Safety of Principal – Every District investment will be made with safety
as the primary concern. Each investment transaction shall ensure
that the loss of capital, whether from credit or market risk, is avoided.
 Liquidity – The maturity and marketability of District investments will
be considered so that the District's anticipated cash flow needs are met.
 Rate of Return – The highest return on District investments will be
sought, consistent with the preservation of principal and prudent
investment principles.
 Public Trust – The Board and District officials will avoid investment
transactions or practices which in appearance or fact might impair
public confidence. The Superintendent, or designated financial officer,
shall make periodic reports to the Board addressing the overall
performance of the District's investment portfolio, any compliance
problems with current policy and should detail investments by type,
issuer, interest rate, maturity and collateral.
date of manual adoption
D
Adopted:
LEGAL REF.:
22-8-40 NMSA
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-1550
DFD
©
GATE
RECEIPTS
AND
ADMISSIONS
Admissions receipts of school events will be adequately controlled. The
Athletic Director/Principal is responsible for the proper collection,
supervision, disbursement and/or remittance of these charges.
R
AF
T
Adequate records will be maintained for accounting purposes. The Board of
Education will determine the admission prices for athletic events based on
the recommendation of the Superintendent and the Athletic Director. Gate
receipts are subject to audit at the discretion of the Board, the
Administration, and/or State agencies.
All revenues from gate receipts and admissions will be budgeted in
accordance with applicable rules and regulations.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^D-1750
DG
©
BANKING
SERVICES
The Board, by majority vote, shall designate one (1) or more banks as
depository for the safeguarding of school auxiliary and revolving funds.
R
AF
T
Each designated depository shall furnish proper security for such deposits in
the amount designated by the Board and in accordance with law.
Each designated depository shall be advised not to cash checks payable to the
District but to deposit checks only to the District auxiliary accounts.
Adopted:
date of manual adoption
22-8-40 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-1800
DGA
©
AUTHORIZED
SIGNATURES
Authorized signatures for all checking accounts shall be approved by the
Board.
R
AF
T
All checks, except in case of an emergency authorized by the business office,
will be generated electronically. The signatures of the officials approved by
the Board appear on each check. These signatures may be affixed by use of
signature plates. The business office is responsible for the security of all
signature plates. The business office shall be responsible for the justification
and origination of all District issued checks.
Adopted:
date of manual adoption
6.20.2.12 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-1950
DGD
CREDIT
CARDS / TELEPHONES
Purchase Cards
R
AF
T
The Board recognizes the need for use of District purchase cards on behalf of
the District. District purchase cards will be issued from the Central
Business office to selected staff as designated by the Superintendent.
 Purchase cards may be issued on a yearly basis.
Each employee will sign out each card upon issuance and sign it back when requested.
District gasoline credit cards may be made available to school employees with
approved travel.
 Gasoline credit cards will be issued from the Central Business office,
Transportation Director's office and the office of the Superintendent.
Each traveler will be required to provide an approved travel authorization or trip ticket.

A log will be kept of all credit card activity.
Telephone use verification and payment
D
Each month the School District receives telephone bills from various
telephone and long distance service companies. The District realizes that
personal telephone calls may be necessary. When this occurs, identification
of all personal calls and reimbursement for all fees, including taxes, should be
made to the District within five (5) days of receipt of a bill. Billings for all
telephone services are received monthly. The bills will be sent to all
buildings for certification.
The form must be returned to the Business Office within five (5) days of
receipt. Once calls are identified, the charge indicated on the bill, plus all
applicable taxes, should be reimbursed to the District.
The District has elected to provide specified necessary school employees with
a cell telephone when it is deemed in the best interest for the employee to be
available by cell telephone.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2050
DH
©
BONDED EMPLOYEES
AND OFFICERS
Board members and those employees responsible for the safeguarding and
handling of money and securities shall be bonded in accord with applicable
laws and regulations. The cost of bonding shall be paid by the District.
date of manual adoption
R
AF
T
Adopted:
22-5-7 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2150
DI
©
FISCAL
ACCOUNTING
AND
REPORTING
R
AF
T
The Board is responsible for the control of all funds of the District including
funds collected at individual schools.
The Superintendent shall be
responsible for the development and maintenance of all procedures necessary
to ensure adequate fiscal control. The Superintendent and business staff
shall establish and maintain a complete auditable financial system which
meets all statutory and regulatory requirements and guidelines of the State
of New Mexico (The Manual of Procedures for Public School Accounting and
Budgeting). Such system shall be defined in administrative procedure and
presented to the Board for review.
Adopted:
date of manual adoption
6.20.2.12 NMAC
6.20.2.13 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2200
DIA
©
ACCOUNTING
SYSTEM
The District shall establish and maintain a general ledger in accordance with
generally accepted accounting practices (GAAP). The general ledger will be
comprised of individual funds and account groups using the State Public
Education Department (PED) uniform chart of accounts.
date of manual adoption
R
AF
T
Adopted:
LEGAL REF.:
6.20.2.13 NMAC
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
DIC - Financial Reports and Statements
D-2300
DIC
©
FINANCIAL REPORTS
AND STATEMENTS
R
AF
T
The Board shall submit periodic financial reports to the State Public
Education Department (PED) using the PED approved format. Reporting
shall be either monthly or quarterly at the discretion of the PED. The
School District shall be notified of its required reporting frequency in writing
by the PED. Required reporting frequency may be changed by the PED at
any time during the year. Reports are due at the PED by the last working
day of the month following the end of the required reporting period, unless
extended to a later date by the Secretary of Education. The Superintendent
shall also ensure that a report of expenditures of public funds and student
activity funds is provided to the Board on a monthly basis.
Adopted:
date of manual adoption
6.20.2.10 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2350
DID
©
INVENTORIES
R
AF
T
The District will maintain a complete and accurate inventory of all District
owned property. The District will prepare an annual inventory of all District
property prior to the annual audit of the District's business operations. The
Superintendent shall develop administrative procedures governing the
conduct of all such inventories.
Adopted:
date of manual adoption
6.20.2.22 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2361
DID-R
©
REGULATION
REGULATION
INVENTORIES
R
AF
T
The business office has responsibility to assist the Superintendent in
developing procedures for maintaining District inventories. A copy of the
complete inventory shall be on file in the business office. A detailed listing
of land, buildings, and equipment must be established as prescribed by the
Governmental Accounting Standards Board (GASB). Assets, including lands
and buildings, and improvements to land and/or existing buildings, having a
total acquisition cost of five thousand dollars ($5,000) or more will be tagged,
marked, and capitalized and included in the general fixed-assets listing
unless the Board adopts a lower threshold. Depreciation schedules shall be
created for all capital assets items and maintained in accord with GASB
requirements.
A stewardship list shall also be maintained for all equipment, including
vehicles, with a cost of one thousand dollars ($1,000) or more but less than
the capital asset threshold. The list must identify each item's description,
identification (tag) number, location, and the month and year of acquisition.
For insurance and other purposes, an inventory listing of items with an
acquisition cost of less than one thousand dollars ($1,000) may be
maintained.
A comprehensive physical inventory of District property on the capital assets
listing shall be conducted at least every two (2) years, and items on the
stewardship listing shall be conducted every three (3) years.
D
Facility administrators shall implement the procedures, providing reports as
requested on the contents of their buildings.
Facility administrators shall require any employee who removes an item
from one school for use in another to have a written request for such removal
signed by the business office.
Each administrative unit shall assist in completing an annual inventory of all
capital furniture and equipment, library media, and textbooks at its location.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2400
DIE
©
AUDITS / FINANCIAL
MONITORING
R
AF
T
The Board directs the Superintendent to implement procedures that assure
District compliance with all state and federal requirements for financial
monitoring and audits. Contingent upon prescribed qualifying criteria, such
requirements may include, but are not limited to, entering into contract with
an auditor approved by the State Auditor on a fiscal year basis and being
audited based upon the federal Single Audit Act Amendments of 1996.
The procurement of the necessary services shall be consistent with the
District's policy on bidding and purchasing procedures.
A final report of each separate fiscal management review shall be presented
to the Board for examination and discussion. After a report has been
presented to the Board, it will become a matter of public record, and its
distribution will not be limited. Copies of a final report shall be filed with
appropriate state and other authorities.
Adopted:
date of manual adoption
6.20.2.13 NMAC
6.21.2.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2411
DIE-R
©
REGULATION
AUDITS / FINANCIAL
REGULATION
MONITORING
R
AF
T
Each program, instructional unit, and department shall prepare and
maintain such financial records as are directed by the Superintendent. The
documents shall be accurate and of essential sufficiency to enable the District
to comply with all requirements for financial monitoring and audits, both
internal and external.
In addition to special reviews that may be conducted as necessary, the
District will comply with the following minimum requirements to
demonstrate proper management of and accountability for its fiscal
resources:
 Whenever the District's expenditure of federal financial assistance is
five hundred thousand dollars ($500,000) or more during a fiscal year,
the District shall contract with an approved independent auditor to
conduct an annual financial audit. The audit shall be performed in
accordance with generally accepted auditing standards in compliance
with the requirements of the federal Single Audit Act Amendments of
1996 and any implementing regulations of the Office of Management
and Budget (OMB).
D
The Superintendent shall be promptly informed of any material deficiency
that is discovered during a monitoring or auditing process.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^D-2450
DJ
©
CONTRACTS FOR PURCHASES
AND SERVICES
R
AF
T
All purchases from District funds shall be carried out in manner most
beneficial to the District and in accordance with applicable laws and
regulations. The Superintendent shall designate a Purchasing Agent for the
District who shall manage a central purchasing function pursuant to law,
and promulgate District administrative procedures consistent with law and
regulation. The procedures shall indicate requirements relative to bids,
proposals and small purchases as they apply to the procurement of all
materials, equipment and services. All procurements, other than emergency,
that entail bids and proposals shall require Board review and approval prior
to the award. Subsequent contract award amendments, which exceed ten
percent (10%) of the original contract award, shall also be submitted to the
Board for review and approval. Change orders on construction contracts do
not require prior approval of the Board if the dollar amount does not exceed
the provision for contingencies within the basic contract, or the contract as
amended and approved by the Board. Change orders will, however, be
reported to the Board at the next scheduled meeting.
Contracts Involving Public
Officers or Employees
D
A district shall not enter into a contract with a public officer or employee, a
family member or business in which the officer, employee or family member
has a substantial interest (greater than 20 %) unless the public officer or
employee has disclosed any interest through public notice and unless the
contract is awarded pursuant to a competitive process.
A district shall not enter a contract with or take any action favorably
affecting any person or business that is:
 represented in a contract of over one thousand dollars ($1,000) by a
former public officer or employee (within one year) if the contract is a
direct result of an official act of that officer or employee, or
 that is assisted in the transaction by a former public officer or employee
as a direct result of an official act of that official or employee resulting
in the agency's making the contract or taking the action.
A former public officer or employee of the district shall not represent a person
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
for pay before the district.
Adopted:
date of manual adoption
10-16-1 et seq. NMSA
13-1-28 NMSA
6.20.2.17 NMAC
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Contracts for Purchases and Services
DJE - Bidding Purchasing Procedures
GBEAA - Staff Conflict of Interest
GBP - Prohibited Personnel Practices
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2550
DJB
©
BIDDING / PURCHASING
PROCEDURES
D
R
AF
T
Refer to Policy DJE.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2750
DJE
©
BIDDING / PURCHASING
PROCEDURES
R
AF
T
The purchase of tangible goods, services and construction shall be conducted
in adherence to the stipulations of the New Mexico Procurement Code,
13-1-28 through 13-1-199, NMSA 1978 and the purposes stated therein. The
Manual of Procedures (PSAB) Supplement 13 will be followed. The District
has a Central Purchasing Office responsible for ensuring fair and equal
treatment of all persons involved in procurement, for maximizing the
purchasing value of the District's funds and for providing safeguards for
maintaining a procurement system of quality and integrity.
Adopted:
date of manual adoption
10-16-13 NMSA
13-1-28 NMSA
22-5-10 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^D-2781
DJE-E
©
EXHIBIT
EXHIBIT
BIDDING / PURCHASING
PROCEDURES
(Note)
R
AF
T
No bid or proposal shall be accepted from a person who directly participated
in the preparation or specifications, qualifications or evaluation criteria on
which the specific competitive bid or proposal was based.
All contracts and solicitations therefore shall contain reference to the
criminal laws prohibiting bribes, gratuities and kickbacks.
10-16-7 NMSA
10-16-13 NMSA
13-1-191 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2900
DJGA
©
SALES
CALLS
AND
DEMONSTRATIONS
Sales representatives for school services, supplies, or other materials are not
permitted to call on teachers or other school staff members except with prior
authorization from the Superintendent.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2911
DJGA-R
©
REGULATION
SALES
REGULATION
CALLS
AND
DEMONSTRATIONS
D
R
AF
T
When appropriate, the principal may give permission to sales representatives
of educational products to see members of the school staff at times that will
not interfere with the educational program.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-2950
DK
©
PAYMENT
PROCEDURES
In order to receive appropriate discounts and maintain good vendor relations,
the Board directs the prompt payment of salaries and bills, but only after due
care has been taken to assure that such amounts represent proper obligations
of the District for services and/or materials received.
R
AF
T
The Superintendent will implement procedures for the review of purchase
invoices to determine that items or services are among those budgeted,
itemized goods or services have been satisfactorily supplied, funds are
available to cover payment, and invoices are in order and for the contracted
amounts.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^D-3000
DKA
©
PAYROLL
PROCEDURES / SCHEDULES
No individual shall be placed on the payroll or receive salary adjustments
without prior written authorization of the Superintendent.
R
AF
T
Salary checks will be issued semi-monthly during the term of contract or
agreement with the District in equal installments.
During summer breaks,
paychecks will be mailed to the address authorized, designated to be picked
up or direct deposited.
An employee who quits the service of the District shall be paid all wages due
on the regular payday for the pay period during which termination occurs.
Such wages may be paid by mail if requested.
Adopted:
date of manual adoption
50-4-2 NMSA
6.20.2.18 NMAC
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of
Support Staff Members
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-3100
DKB
©
SALARY
DEDUCTIONS
The Superintendent shall establish procedures that conform to all
requirements of the law and all policies of the District, and that ensure that
employees receive paychecks not later than the stated payroll dates.
Deductions
(Public
Record)
R
AF
T
Involuntary
Federal and New Mexico income taxes, Social Security (OASI/FICA), and
employee contributions to the educational retirement system will be deducted
as mandated by state and federal statutes. All other deductions must be
authorized by the Board and the employee unless ordered by a court of
competent jurisdiction.
Voluntary Deductions and Redirections
(Not Public Record)
The Board agrees to deduct voluntary deductions provided the employee has
individually and voluntarily authorized the deduction(s) on a properly
executed form(s). Voluntary deductions will continue in effect from year to
year.
The following deductions and redirections have been authorized by the
Board:
 Insurance premiums for staff members or dependents who are being
covered under Board-approved Section 125 cafeteria programs.
Direct deposits of net payroll with financial institutions.

Tax-sheltered annuities for companies approved by the District.

Credit union deposits.

Professional dues.
D

Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-3111
DKB-R
©
REGULATION
REGULATION
SALARY
DEDUCTIONS
Inasmuch as payroll deduction services for non-District purposes does incur a
cost to the District and oftentimes creates additional work for staff, such
requests must be scrutinized.
R
AF
T
Prior to any agency, commercial venture or non-profit organization or other
entity requesting new payroll deduction services, the following procedure
must be followed:
 Approval from the Superintendent must be secured before signing up
employees for a program requiring payroll deduction.
Adequate notice and sufficient time for implementation will be provided to a group or busines
The District reserves the right to require an evaluation of any existing group or business that
D
Nothing in this policy will prevent the Board, at its discretion, from adding or deleting a group
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-3150
DKC
©
EXPENSE AUTHORIZATION /
REIMBURSEMENT
R
AF
T
School Board members and employees who incur expenses in carrying out
their authorized duties shall be reimbursed by the District upon submission
of allowable supporting receipts, provided that prior authorization has been
granted.
Reimbursement amounts shall not exceed the maximums established
pursuant to 10-8-1 through 10-8-8.
Adopted:
date of manual adoption
LEGAL REF.: 10-8-1 NMSA et seq.
6.20.2.19 NMAC
EEB - Business and Personnel Transportation Services
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-3300
DM
©
CASH
IN
SCHOOL
BUILDINGS
R
AF
T
Monies collected by school employees shall be handled in accordance with
prudent business procedures. All monies collected shall be receipted,
accounted for, and directed without delay to the proper location of deposit.
The only funds remaining in any individual building shall be the
school/department change fund. All cash funds shall be kept in a secured
area. All funds collected from fund raisers, fines, etc. shall be deposited in the
bank within twenty-four (24) hours or placed in the district vault during that
period.
No funds, other than change fund, shall be left in individual buildings or
rooms over the weekend and/or holidays. If change for special events is
needed, arrangements can be made to pick up, use, and re-deposit in the
central office the same day.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D-3350
DN
©
SCHOOL
PROPERTIES
DISPOSITION
R
AF
T
If any item listed on the District property inventory becomes unnecessary,
unsuitable or inconvenient for School District use, the Superintendent may
recommend to the Board that such item(s) be deleted from the inventory,
declared surplus and sold. The disposal of such items must be accomplished
in accordance with state law and regulation. The business office shall
establish administrative procedures governing the disposal of District
property.
Adopted:
date of manual adoption
LEGAL REF.: 13-6-1 NMSA et seq. (1978)
22-15-10 NMSA (1978)
IJJ - Textbook/Supplementary Materials Selection and
Adoption
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
SUPPORT SERVICES
D
R
AF
T
SECTION E
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0050
EA
©
SUPPORT SERVICES GOALS /
PRIORITY OBJECTIVES
R
AF
T
The Board recognizes that the daily support service operations of the District
are essential, yet auxiliary, to the primary educational goals of the District.
To ensure that the support services contribute to the achievement of the
District's educational goals in the most effective way possible, the Board
intends to:
 Ensure the proper operation and maintenance of District buildings,
vehicles equipment and services.
Set high standards of safety.
Promote the health of pupils and staff. Reflect the expectations of the
community. Support environmentally the efforts of the staff to provide
the highest level of instruction.
 Encourage, through the Superintendent and staff, the establishment of
efficient and appropriate procedures for the management of buildings
and grounds, offices, vehicles, equipment, supplies and food services.
 Ensure the adherence to generally accepted management principles and
applicable laws and regulations in implementing the responsibilities
delegated to support service functions.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0150
EB
©
ENVIRONMENTAL AND
SAFETY PROGRAM
The Superintendent will establish procedures to protect the safety of all
students, employees, visitors, and others present on District property or at
school-sponsored events.
R
AF
T
The practice of safety shall also be considered a facet of the instructional plan
of the District schools by virtue of educational programs in traffic and
pedestrian safety, driver education, fire prevention, and emergency
procedures, appropriate for students at different grade levels. General areas
of emphasis shall include, but not be limited to: in-service training; accident
record keeping; plant inspection; driver and vehicle safety programs; fire
prevention; school site selection; and emergency procedures and traffic safety
problems relevant to students, employees, and the community.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0161
EB-R
©
REGULATION
REGULATION
ENVIRONMENTAL AND
SAFETY PROGRAM
Responsibilities of the maintenance supervisor:
R
AF
T
 Maintain an overall safety program in maintenance and operation of
buildings and grounds.
 Provide specialized assistance as requested by school principal.
Responsibilities of the school principals:
 Schedule regular inspections.
 Post required state and federal safety regulations and maintain
appropriate safety records.
 Arrange for the correction of defects reported to them by employees in
the building by requesting assistance from the maintenance
department.
 Cooperate in the correction of defects reported by the maintenance
department or other school administrators.
Responsibilities of the transportation supervisor:
 Maintain standards for certification of school bus drivers.
D
 Maintain standards for periodic inspection and maintenance of school
buses.
 Maintain standards for school bus operation.
 Maintain standards for personnel operating and using school vehicles.
Responsibilities of other employees:
 Report promptly to the principal of the school or immediate supervisor
any defects in buildings, grounds, or equipment that might prove
injurious to the safety, health, or comfort of students, employees, or
other persons.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Take reasonable precaution for the safe use of buildings, grounds, and
equipment by students.
Responsibilities of students:
 Avoid the following behaviors:
 Setting off a false fire alarm.
 Misusing the fire alarm system, fire extinguishers, or other fire
protection and safety equipment.
R
AF
T
 Setting a fire in the building or on the school grounds.
 Report promptly to the principal of the school or other appropriate
school employee any defects in buildings, grounds, or equipment that
might prove injurious to the safety, health, or comfort of employees,
students, or other persons.
Responsibilities of other individuals utilizing school buildings:
 Refrain from abusing safety equipment, such as fire extinguishers,
alarm systems, et cetera.
D
 Report promptly to the Superintendent or another school employee any
defects in buildings, grounds, or equipment that might prove injurious
to the safety, health, or comfort of students, employees, or other
persons.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0250
EBAA
©
REPORTING OF HAZARDS /
WARNING SYSTEMS
(Pesticide Application Notice)
R
AF
T
The intent of this policy is to provide adequate management of pesticide
applications to reduce the impact on students, employees, and parents/
guardians.
In accord with 6.29.1.9 NMAC, the District shall:
 Use no pesticide or device except those currently registered for legal use
in this state.
 Have no pesticide applied except by a person certified in the applicable
category and currently licensed by the state.
 Apply pesticides only when an infestation is present and only when the
property will not reasonably expected to be occupied for at least six (6)
hours from time of the application.
 Maintain list of those students, parents and guardians who wish to be
notified when pesticides will be applied.
 Maintain written records of pesticide application.
The District shall provide to the school contact person notice prior to the date
and time the application of pesticides is to occur and shall provide the
following information:
D
 The area or areas where the pesticide is to be applied.
 The date and time the application is to occur.
 The pesticide to be used.
Notice will be provided to those persons so requesting and signs will be
posted indicating the location of the application of pesticides. In case of
pesticide applications performed for or by public health agencies or
emergency applications because of immediate threat to the public health, the
office shall provide oral and, if possible, written notice, with posting of the
area to be treated.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The Superintendent shall prepare regulations for the implementation of this
policy.
Adopted:
date of manual adoption
6.29.1.9 NMAC
CROSS REF.:
IKEA - Make Up Opportunities
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0261
EBAA-R
©
REGULATION
REGULATION
REPORTING OF HAZARDS /
WARNING SYSTEMS
(Pesticide Application Notice)
R
AF
T
The site administrator shall be the contact person for providing information
regarding pesticide application activities at the school, including but not
limited to giving oral and written notification, supervising the posting of
notifications as required, and maintaining records of pesticide-application
notifications.
Oral
and
Written
Notice
All oral and written notification shall contain, at a minimum, the date and
time of the pesticide to be applied. During the regular school session, and
not less than twenty-four (24) hours prior to pesticide application, notification
shall be provided in the manner indicated below.
 Oral notification to all students and school employees shall be provided
by means of:
 School public address systems; or
 Assembly communications; or
 Staff meeting announcements; or
D
 Any similar means reasonably calculated to provide sufficient
notice in advance of pesticide application.
 Written notification to the parents or guardians of enrolled students
shall be provided by means of:
 Weekly school lunch menus; or
 Special communications; or
 Newsletters; or
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Any similar means reasonably calculated to provide sufficient
notice in advance of pesticide application.
Posting
of
Notice
No less than twenty-four (24) hours prior to pesticide application, signs shall
be posted to identify pesticide application areas. The signs shall display:
 The words "warning - pesticides."
R
AF
T
 The date and time of the application.
 A phone number for the school contact person.
The signs shall be placed at:
 The main entrance to all buildings where pesticide is to be applied.
 Playing fields where pesticide is to be applied.
The signs may be removed no less than twenty-four (24) hours after the
pesticide is applied.
IKEA - Make Up Opportunities
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0300
EBAB
©
HAZARDOUS
MATERIALS
R
AF
T
The Superintendent shall develop and implement an effective Hazard
Communication Program (HCP) as required by law. The HCP shall at all
times meet the requirements of the federally-approved State Plan. The
program shall be reduced to writing, including all associated documents and
will be maintained in the Superintendent's office and each school site for
review by employees and the public. The program will ensure:
 The development and distribution of a list of toxic substances used by
District employees accompanied by procedures for their proper and safe
containment and use.
 The development and provision of procedures and training regarding
the purchase, storage, use, transportation and disposal of hazardous
materials. Emergency response and evacuation plans will be part of
the procedures.
 That whenever possible, District staff shall substitute non-hazardous
materials for hazardous substances and minimize the quantity of
hazardous substances stored in school facilities.
 That before any staff member begins a position requiring work with
hazardous materials on a regular basis, the staff member attends an
approved training course.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0400
EBB
©
ACCIDENT PREVENTION AND
SAFETY PROCEDURES
R
AF
T
Accidents are undesirable, unplanned occurrences which may result in tragic
consequences; bodily harm; loss of school time; property damage; legal action
and even fatality. To guard against such occurrences, the Board intends for
the District to take every precaution to protect the safety of all students,
employees, visitors and others while on District property or at
school-sponsored events.
The Superintendent shall develop administrative procedures to meet the
intent of this policy in areas that include, but are not limited to:
 Plant inspection.
 Fire prevention.
 Traffic and parking safety.
 Accident record keeping.
 Inclement weather conditions.
 First aid and emergency care.
 Bicycle and scooter use.
 Safety patrol program.
D
 Student supervision.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0500
EBBB
©
ACCIDENT
REPORTS
Adequate and prompt accident reporting is essential if similar accidents are
to be prevented. If there are injuries or property damage, prompt reports
are also vital in assuring the District of insurance coverage.
R
AF
T
Reports will be filed on accidents that take place on school property or that
involve school vehicles, students, or staff members on school-sponsored trips,
including staff members on authorized school business trips. Such reports
are required whether or not there are any immediately evident injuries or
damage to property.
Injury accidents should be promptly reported to the District's liability
carrier. The meaning of promptly is defined in the District's insurance policy
with the carrier.
The administration shall establish procedures for filing accident reports, and
shall make sure reports include details that (1) might be helpful in
preventing similar accidents in the future, (2) are needed for filing insurance
claims, and (3) might be important in case of litigation.
Adopted:
date of manual adoption
LEGAL REF.:
10-7-13 NMSA
D
CROSS REF.:
GBGD - Workers' Compensation
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
GBGC - Employee Assistance
E-0511
EBBB-R
©
REGULATION
REGULATION
ACCIDENT
REPORTS
(Student Accidents)
R
AF
T
Employees are to report to the nurse or office any accident involving a
student who is at school.
For any student who is injured on school grounds, in a school building, or in
connection with a school-related or approved activity, an accident report form
is to be completed by an employee who is at the scene of the accident.
A student who is ill should be sent to the office, with an appropriate pass. If
a student is sent home (only with parent knowledge), the teacher will be
notified. Students are discharged to go home only from the office.
Any special health concern should be reported to the nurse.
D
A written report of an accident shall be made by the school principal to the
Superintendent not later than noon of the school day following the incident.
The insurance carrier shall be notified as appropriate.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0531
EBBB-E
EXHIBIT
EXHIBIT
ACCIDENT
REPORTS
CONFIDENTIAL, THIS REPORT IS NOT TO BE RELEASED
TO PARENT AND/OR STUDENTS
R
AF
T
The school employee either witnessing the accident or supervising at the time
should complete and submit this form within 24 hours.
IN CASE OF SERIOUS INJURIES, A TELEPHONE
REPORT IS TO BE MADE IMMEDIATELY
1. School District:
2. School:
Address:
3. Student’s Name_________________________ DOB: _____________ Grade:
4.
Student’s Address: ______________________________ Phone:
5.
Location of Accident:_______________________ Date:____________Time:
6.
Describe how accident occurred:
7. Person in charge at time of accident:
Was that person present at the time? Yes
No
D
Did the injured violate any schools rule(s)? Yes
No
8. Witnesses:
Address: _______________________________________ Phone:
9. Apparent Nature of Injury:
10.
Abrasion
Concussion
Injured Part of Body (Indicate R/L):
Cut
Internal
Abdomen Chest Finger
Head
Dislocation Strain/Sprain Arm
Eye Foot
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Contusion
Leg
Fracture
Neck
Back
Face
Hand
11. First aid procedures used:
By whom:
12. Disposition of injured after accident:
Class
Home
Doctor
 Hospital
R
AF
T
13. Who was notified:
Relationship to injured student:
14. If injured student left school, to whom released:
15.
Name and attitude of anyone contacting school:
16. Student accident benefits available:
Name of company:
17. Remarks:
18. Report completed by:
D
Approved by:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Date:____________
^E-0550
EBC
©
EMERGENCIES
Disaster can strike at any time and cause wide-spread damage and injury.
R
AF
T
Such disasters can be created by humans or the result of natural causes and
can occur with little, if any, warning. Thus, it is the intent of the Board to
create a systematic means to minimize the negative impact of any disaster on
students, employees, visitors and others while on District property or at
school-sponsored events. To this end, the Superintendent, with staff and
community input, shall develop a tactical emergency response plan which
will include, but not be limited to the threat of:
 Chemical, biological and nuclear incidents.
 Bomb threats.
 Building collapse.
 Hostage situations.
 Conditions of nature.
 Arson.
 Civil disturbances.
 Explosions.
 Vehicular accidents.
D
A tactical emergency response plan is a safe school plan that details risk
assessments and establishes the plans or procedures to manage an
emergency event after it has occurred and includes, but is not limited to,
emergency routes and staff assignments as they relate to immediate actions,
delayed actions, mitigation actions, facility evacuations and facility reentry.
The plan shall clearly outline the requirements and discretion afforded each
school with regard to the administration of the plan. The plans will also
designate specific emergency drills to be conducted. The plan shall be
presented to the Board for approval but shall not be released to the public
due to the student wellness and safety issues related to the information.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
22-13-14 NMSA
59A-52-1 NMSA
6.12.6.7 NMAC
6.12.6.8 NMAC
6.29.1.92 NMAC
CROSS REF.:
JL - Student Wellness
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0561
EBC-RA
©
REGULATION
REGULATION
EMERGENCIES
Each principal or other appropriate unit administrator will develop
emergency plans for fire or other threats. Such plans will be submitted by
September of each year. These plans will provide for such emergencies as
are outlined in policy or required by the Superintendent.
R
AF
T
 Inside emergencies, such as but not limited to a fire, actual or potential
explosion, propane leak, or collapsing structure.
 Outside emergencies, such as but not limited to a fallen electrical wire,
plane crash on campus or nearby, sniper, or earthquake.
D
The plans will specify the conditions under which evacuation of the building
will occur (and the procedures therefor). The plans will also designate
specific emergency drills to be conducted. A diagram of the school floor plan
will be posted in each room showing emergency exits to be used.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^E-0562
EBC-RB
©
REGULATION
REGULATION
EMERGENCIES
(Emergency Drills)
R
AF
T
Emergency drills will be scheduled and conducted at least once each week
during the first four (4) weeks of the school year and at least once each month
during the school year by the school administrator. The purpose of a drill is
to train students, under staff direction, to move safely, quickly, and quietly
from any location within the building to a designated position or location.
Two (2) drills shall be shelter-in-place drills, one (1) shall be an evacuation
drill and the remainder shall be fire drills.
The following rules and procedures will be complied with in all schools:
 Evacuation routes will be posted in each room. These routes will
indicate the primary and alternate exits and the evacuation area to
which the student should proceed upon leaving the building. During
the first week of the school year, rules for emergency evacuation will be
discussed with each class using the room.
 A distinct alarm signal will be used for emergency drills only; another
signal will be established by the principal for return to class.
 No student or staff member is to remain in the building during
emergency drills.
D
 All persons should exit according to their posted evacuation routes and
proceed to assigned locations a safe distance away from the building.
 It is each student's responsibility to move quickly, quietly, and in an
orderly manner through the assigned exit to the assigned evacuation
area.
 The teacher will be responsible for:
 Maintaining order during the evacuation.
 Taking the grade book and checking roll when the class is in the
assigned evacuation area.
The name of any student not
accounted for will be reported immediately to the principal, who
shall promptly notify the Superintendent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 A report stating the date and time that the drill was conducted, and the
time required to complete the evacuation will be made.
D
R
AF
T
The fire department (if one [1] is maintained within the District boundaries)
shall be requested to attend for instruction and constructive criticism.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0563
EBC-RC
©
REGULATION
REGULATION
EMERGENCIES
(First Aid)
R
AF
T
If a student is injured or becomes ill during the school day or while attending
a school-sponsored activity, it is the responsibility of any staff member
present to render assistance and to summon aid.
First aid procedures shall be based on the following fundamental concepts:
 The school is responsible for the emergency handling of accidents and
sudden illness occurring at school or on school property. The school is
not responsible for subsequent treatment.
 At the time of an emergency, the school has the responsibility for:
 Caring for the student.
 Notifying the student's parents or guardian, or, if these cannot be
reached, following directions given on the student's enrollment
card.
 In extreme cases, getting the student under professional care with
or without family permission.
D
 In the absence of family transportation or ambulance service, an
authorized District employee may have to take the sick or injured
student home, to the physician's office, or to the hospital. A sick or
injured student should be accompanied from the school by an adult. If
the destination is the student's home, the adult shall have ascertained
that a responsible person is at home to assume responsibility.
 In case of any serious injury or illness, the parent or responsible person
should always be notified as soon as possible. Emergency care of the
student has priority.
 Medication administered by any school personnel, shall be in
compliance with JLCD and JLCD-R.
 A written report of an accident shall be made by the school principal to
the Superintendent not later than noon of the school day following the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
incident.
JLCD - Administering Medicines to Students
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0750
EBCD
©
WEATHER - RELATED AND
EMERGENCY CLOSINGS
The decision to delay opening of school or to dismiss school early will be made
by the Superintendent.
R
AF
T
Except for teachers and other staff members who work only on student days,
all personnel will report to work as soon as possible on days when school is
closed.
Adopted:
date of manual adoption
6.41.4.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0761
EBCD-R
©
REGULATION
REGULATION
WEATHER - RELATED AND
EMERGENCY CLOSINGS
Delayed
Opening
R
AF
T
If the Superintendent decides to delay the opening of school, the law
enforcement and the local broadcast media will be notified, requesting that
they assist in disseminating the information.
When circumstances require a delayed starting time, the work day for
certified employees shall begin thirty (30) minutes before the scheduled
student starting time unless highway conditions prevent this.
School
Closing
If the Superintendent decides to cancel classes for the day, law enforcement
and local broadcast media will be notified and asked to assist in
disseminating the information.
Early
Dismissal
If the Superintendent decides to dismiss school early, the procedure shown
below will be followed for early dismissal of students:
D
 Students will be released from school only after the principal has
ascertained that appropriate notice has been given to parents or
guardians. Staff members may be released by the principal when they
are no longer needed to supervise students.
 The principal will remain at the school until all students have departed.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0900
ECA
©
SECURITY
The Superintendent will develop plans and procedures that will:
 Enhance the security of District property.
 Minimize fire hazards.
R
AF
T
 Provide for the keeping of records and funds in a safe place.
 Protect against vandalism and burglary.
 Provide for the prosecution of vandals.
 Provide for and encourage employee responsibility for furniture,
textbooks, reference material, and other District materials, equipment,
and supplies assigned to the employee's care.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-0911
ECA-R
©
REGULATION
REGULATION
SECURITY
Access to school buildings and grounds will be established by the
Superintendent in accordance with the following:
Superintendent,
school
principal,
and
R
AF
T
 Unlimited access - the
maintenance supervisor.
 Limited access - assistant principal, teachers, custodians to their
assigned buildings, and extracurricular sponsors, counselors, and
supervisors for their respective areas or activities.
Possession of keys shall be in accordance with the following principles:
 A log of key assignments shall be maintained by the office of the
Superintendent or other designated office.
 Unassigned duplicate keys shall be maintained in a safe or a secured
box.
 Individuals assigned keys may not duplicate or loan them.
 All keys must be surrendered when no longer needed or upon request
by the Superintendent.
D
 The loss of a key must be reported to the Superintendent upon
discovery of the loss, and the employee may be required to pay for
rekeying or replacing all affected locks.
 Use of keys for unauthorized purposes will be cause for surrender of
keys. Employees will be subject to discipline and/or dismissal for
unauthorized use of keys.
 A set of master keys and/or duplicates of keys shall be kept in the
custody of the Superintendent.
 The employee will sign a receipt for keys assigned. The receipt will list
the applicable rules.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1050
ECAC
©
VANDALISM
R
AF
T
A school administrator, teacher or other school employee who observes or has
direct knowledge from a participant or victim of an act of vandalism to public
school property shall file an incident report describing the incident pursuant
to established procedures. A person who files an incident report shall not be
discriminated against in any manner or discharged by a superintendent
because of the filing of that report.
As part of the protection from vandalism, the Board of Education will:
Offer and, upon compliance with the condition of such offer, pay rewards for
information leading to the arrest and conviction or other appropriate
disciplinary disposition by the courts or juvenile authorities of offenders in
case of theft, defacement, or destruction of local school District property.
The payment of a reward will be subject to the availability of funds. The
source of information will remain confidential.
The Board of Education shall be responsible for recommending reward
amounts with direction by the Superintendent.
Adopted:
date of manual adoption
22-10A-33 NMSA (1978)
22-5-4 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1061
ECAC-R
©
REGULATION
REGULATION
VANDALISM
D
R
AF
T
The principal will establish a system through which students and members of
the school community can report any instance of vandalism or suspected
vandalism. Each employee of the District shall report to the principal or
other administrator every perceived incident of vandalism and, if known, the
names of those responsible.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1100
ECAD
©
SCHOOL AND PERSONAL PROPERTY
REPLACEMENT / RESTITUTION
(Personal Property)
R
AF
T
The District shall not assume responsibility for the loss of, or damage to,
personal property stored, installed, or used on school premises.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1200
ECB
©
BUILDING AND GROUNDS
MAINTENANCE
Adequate maintenance of buildings, grounds and property is essential to
efficient management of the District.
R
AF
T
The Board directs a continuous program of inspection and maintenance of
school buildings and equipment. Wherever possible, maintenance shall be
preventive.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1600
ED
©
MATERIALS AND EQUIPMENT
MANAGEMENT
The District shall provide for the central purchasing, receiving, and
distribution of supplies, equipment, and materials common to the
requirements of all schools.
R
AF
T
All materials needed for instruction, business, and custodial operations of the
individual schools shall be ordered through the building principal.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1700
©
EDB
MAINTENANCE AND CONTROL
OF MATERIALS AND EQUIPMENT
Employees are responsible for the proper care of all District facilities,
equipment, and property in their custody or control.
R
AF
T
Control of District property shall be through, but not limited to, an accurate
fixed inventory system of all District furniture and equipment.
The Superintendent may establish procedures for transferring surplus or
other materials and equipment.
Preventive
Maintenance
The Superintendent shall establish a preventive-maintenance program that
will extend the useful life for District equipment.
The Superintendent is authorized to use the services of specialists for such
maintenance, and provision(s) shall be made in the annual budget for such
services.
Adopted:
date of manual adoption
DID - Inventories
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1711
©
REGULATION
EDB-R
REGULATION
MAINTENANCE AND CONTROL
OF MATERIALS AND EQUIPMENT
Surplus
Equipment
R
AF
T
Property that is surplus at any unit shall be transferred to the business office
for reassignment to other District locations where a need may exist for the
equipment.
Transfer
of
Equipment
D
All transfer of property within a school or other District location must first
have the approval of the principal or department head. Transfers of
equipment from one school to another must be approved by the business
office, whether the transfer is temporary or permanent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^E-1750
©
EDBA
MAINTENANCE AND CONTROL
OF INSTRUCTIONAL MATERIALS
R
AF
T
Students using District-provided textbooks, subject-matter materials,
supplementary books, or instructional computer software are responsible for
loss of or any damage to these items. Accurate records of distribution or
assignment of materials or textbooks to students shall be maintained.
Adopted:
date of manual adoption
DN - School Properties Disposition
IJ - Instructional Resources and Materials
IJL - Library Materials Selection and Adoption
KEC - Public Concerns/Complaints about Instructional
Resources
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1800
EDC
©
AUTHORIZED USE OF SCHOOL - OWNED
MATERIALS AND EQUIPMENT
R
AF
T
District equipment may be used by school or nonschool agencies and
individuals for purposes that are not in conflict with any New Mexico Revised
Statute(s), federal or state rules or regulations, or Board policies, subject to
the following:
 The District shall not incur any expense due to the use of materials or
equipment.
 The Superintendent shall establish procedures for approval of the use of
materials or equipment, or shall submit requests to the Board for
review and action.
 The District shall not be in competition with any local business firm
that could provide like equipment.
 Rental fees will be charged or waived, as appropriate, by the District.
 Any person or agency using such materials or equipment that is lost or
damaged during such period of use shall be required to reimburse the
District for repair or replacement.
Student
Use
of
Equipment
Equipment (i.e., laptop computers, audio recorders, etc.) owned by the
School District may be loaned to students.
D
When equipment is lost or damaged not due to normal usage while assigned
to the student, the School District authorizes that replacement/repair costs
be assessed.
The following guidelines must be addressed when equipment is loaned to
students:
 The parent/guardian of the student will sign an equipment loan
agreement containing a description of the equipment, serial number,
and inventory number.
 In the event of loss or damage of a piece of equipment, the school
representative will document the damage, collect repair/replacement
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
costs, notify the parent/guardian, and turn the fine into the principal’s
office.
Adopted:
date of manual adoption
KF - Community Use of School Facilities
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1831
EDC-E
©
EXHIBIT
EXHIBIT
AUTHORIZED USE OF SCHOOL - OWNED
MATERIALS AND EQUIPMENT
EQUIPMENT LOAN
Serial #
Inventory #
R
AF
T
Equipment Description
1. _____________________________________
_________________
_________________
2. _____________________________________
_________________
_________
3. _____________________________________
_________________
_________
4. _____________________________________
_________________
_________
5. _____________________________________
_________________
_________
6. _____________________________________
_________________
_________________
Acknowledgment:
I/We acknowledge the receipt of the equipment listed below and understand
that the aforementioned equipment is the property of the school district and
pledge to use it with reasonable care and to return same upon request and in
the same general condition as the item was in when I/we took custody.
D
___________________________________________
Signature
_________________
Date
___________________________________________
Print Name
___________________________________________
Address
___________________________________________
Phone
___________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_________________
Signature of Principal/Administrator Loaning
Date
*Original to be sent to Central Office
D
R
AF
T
**Copy to be kept on file at the lender’s location
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-1950
EE
©
TRANSPORTATION
SERVICES
In the budgeting process, the Board may grant appropriations for
transportation.
R
AF
T
Transportation of students is a privilege extended to students in the District,
and is not a statutory requirement except for necessary transportation of
students with disabilities as indicated in their respective individual
education programs.
The responsibility for the operation of student transportation shall be vested
in the Superintendent. Reasonable efforts shall be made to eliminate any
particular hazards that might adversely affect the safety and welfare of any
student.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-16-1 NMSA et seq. (1978)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2050
EEAA
©
WALKERS
AND
RIDERS
The Board authorizes the administration to provide regular school bus
transportation to and from school for the following categories:
R
AF
T
 Students with disabilities who require transportation, as indicated in
their respective individual education programs including three (3) and
four (4) year-old developmentally disabled children.
 Students living within a two (2) mile radius of the school where
hazardous or difficult routes exist and where other arrangements
cannot be provided.
 Students who are residents within a school attendance area and:
 If students in grades kindergarten through six (6), live more than
one (1) mile from the school.
 If students in grades seven (7) through nine (9), live more than a
mile and a half (1 1/2) from the school.
 If students in grades ten (10) through twelve (12), live more than
two (2) miles from the school.
 Transportation for homeless students to their school of enrollment, if it
is the school of origin, will be arranged as needed by the school liaison
for homeless students.
D
Students will not be permitted to leave the bus on the way to or from school
except at their regularly assigned stop or school unless prior written approval
has been obtained from the Transportation Department for temporary and/or
emergency situations.
Transporting Infant Children of Students
3
The Board recognizes the advisability of establishing a certain level of
day-care activities within a high school to encourage the continued
attendance in school of students with infant children. In view of this, the
Board will allow student mothers to transport their infants with them on
3 format bullet
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
to-from buses to such an in-school day-care facility provided

the mother is enrolled at an Elida Municipal Schools high school;

the infant is provided with an approved child safety seat;
the bus is equipped with factory- installed or approved after-market seat(s) capable of securin
the transportation of the infant will not displace an authorized student rider from the bus. Ad
Transportation
Zones
R
AF
T
The following stipulations will define bus transportation zones and other
items that may affect students in open enrollment.
Student(s) who select the freedom of choice alternative in school attendance,
and commute from one zone to another must provide individual means of
transportation. The District assumes no responsibility in freedom of choice
transportation endeavors nor will the District provide transportation for the
students.
Transfers must be made at the beginning of a semester. If an emergency
arises or reasonable justification can be provided, the school principal will
review the request. In the event the principal negates the request, the
matter may be presented to the Superintendent and ultimately to the Board
for a decision. Transfer students will be expected to remain in the school of
their choice until the close of the semester in which they are enrolled.
Students may be denied enrollment in a school out of their attendance
boundary if the school of their choice is overcrowded.
Adopted:
date of manual adoption
22-16-4 NMSA (1978)
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
D
LEGAL REF.:
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
JFABD - Admission of Homeless Students
E-2250
EEAE
©
BUS
SAFETY
PROGRAM
R
AF
T
The safety and welfare of student riders is to be the first consideration in all
matters pertaining to transportation.
Toward that end, all District
transportation department personnel, bus operators, and bus passengers
shall comply with the applicable regulations and shall immediately report to
the Superintendent any violation of rules or state statutes that threatens the
safety of a passenger.
Bus evacuation drills shall be conducted at least twice every school year at
the school and shall include every passenger who rides a school bus and is in
school on the day of the evacuation drill.
All vehicles used to transport students shall be maintained in such condition
as to provide safe and efficient transportation service with a minimum of
delays and disruption of such service due to mechanical or equipment failure.
Buses shall be replaced at such intervals as will provide good equipment at
all times.
Students shall not be put off the bus until reaching their destination.
In addition to the regular state inspections, each school bus shall be
inspected by the driver daily, before each use, to ascertain that it is in safe
condition and equipped as required by all provisions of law, and that all
equipment is in good working order.
D
Each school bus owned by, or contracted to, the District will conform to all
applicable federal and state requirements as provided by the Commercial
Motor Vehicle Safety Act of 1986.
Each driver of a District-owned or District-contracted school bus, as defined
by and covered by the Commercial Motor Vehicle Safety Act of 1986, will
conform to all requirements of said act and such statutes as may govern the
operation of the vehicle.
Adopted:
date of manual adoption
LEGAL REF.:
6.41.4.8 NMAC
6.41.4.9 NMAC
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2261
EEAE-R
©
REGULATION
REGULATION
BUS
SAFETY
PROGRAM
D
R
AF
T
Student behavior on a school bus should be the same as that in a
well-ordered classroom with the exception that students are free to talk, but
with no screaming or shouting.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2281
EEAE-EA
©
EXHIBIT
EXHIBIT
BUS
SAFETY
PROGRAM
This checklist may be used by District officials as a guide for transportation
documents or transportation handbooks.
R
AF
T
Arriving at pickup point:
 Be on time. Leave home in good time so that you will arrive at the
pickup point before the school bus.
 If you have to walk along the road to reach the bus stop, walk on the
left side facing oncoming traffic.
 Walk on the shoulder of the road where possible, and not on the
traveled portion.
 If other students are waiting at the bus stop, get in line without
pushing or crowding and stay off the roadway.
Board the bus:
 Line up in single file parallel to the roadway, with younger students in
front, so they can board first.
 Wait until the bus comes to a complete stop before attempting to get on
board.
D
 Board the bus quickly but without crowding or pushing.
 Never run on the bus, as the steps or floor may be slippery, especially in
wintertime. Place your foot squarely on the step, not on the edge, and
use the handrail.
 Be particularly careful if you are carrying books or parcels, as it is
difficult to see the steps and to hold the handrail.
 Go directly to your seat and sit straight, well to the back of the seat,
and face the front of the bus.
Conduct on the bus:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The bus will not move until all passengers are seated.
 Remain seated throughout the trip, and leave your seat only when the
bus has reached its destination and comes to a complete stop.
 Keep your books and parcels on your lap or put them under the seat or
on the luggage rack.
 Keep the aisle clear.
 Do not talk to the driver except in case of emergency.
R
AF
T
 Avoid doing anything that might disturb or interfere with the driver.
Refrain from loud or boisterous talking or yelling.
 Never stick hands, arms, head, or feet out of the windows of the bus.
 Do not open windows without the driver's permission.
 Do not throw anything within the bus or out of a window; you might
injure a pedestrian or force a motorist to make a dangerous maneuver.
 Do not touch the emergency door or exit controls or any of the bus
safety equipment.
 Do not discard refuse in the bus.
 Eat at home or school, but not on the bus.
 Obey promptly the directions and instructions of the school bus driver.
Prohibited items:
 Tobacco is not allowed in a school bus.
D
 Alcoholic beverages shall not be carried in a school bus.
 Insects, reptiles, or other animals shall not be transported in a school
bus.
 No weapon, explosive device, harmful drug, or chemical shall be
transported in a school bus.
Exit from the bus:
 Remain seated until the bus has reached its destination and comes to a
complete stop.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Do not push or crowd when leaving the bus.
Crossing the highway:
 If you must cross the road, walk to a point about ten (10) feet in front of
bus but do not cross until you can see that the driver has indicated that
it is safe to do so.
 As you cross the road, look continuously to the right and left. At an
intersection, look in all directions.
R
AF
T
 Cross at right angles. Never cross the highway diagonally.
 Walk briskly across the road, but do not run.
 Never cross the road behind the bus.
Accident or other emergency:
 In case of an accident or emergency, older students should help the
driver to maintain order and assist younger students.
 Stay in the bus unless otherwise directed by the driver.
 If you have to leave the bus, stay in a group and obey the driver's
instructions.
 Do not expose yourself or others to needless hazard.
 Medical needs for students with disabilities are to be handled in accord
with the individualized educational program (IEP).
 All medications required by disabled students will be carried and
administered by the person designated by the IEP.
D
Procedures followed upon student misbehavior on school bus:
 When a student misbehaves on a bus for the first time, the driver will
explain to the offender the necessity for good behavior.
 If, after talks and warning, the rider continues to violate the rules, the
driver will inform the student that the rule violation will be reported to
the principal. This report will include the use of a written form that
lists the offense and the action taken by the principal.
 Upon receiving the complaint and discussing it with the driver, the
principal will then call the student to the office and warn the student
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
that the parents must be notified that the student will be put off the
bus if misbehavior reoccurs.
 If poor conduct continues, the driver will again report the incident to
the principal. After discussion it will be decided whether to take the
bus-riding privilege away from the student, and, if so, for how long.
 When a student is not allowed transportation by school bus, the
principal will inform the parents of the penalty, the reason for it, and
how long the penalty will last. In such cases, the parents become
responsible for seeing that their child gets to and from school safely.
R
AF
T
 A student who is put off one (1) bus will be refused transportation by all
drivers for the specified period of time.
D
(This section on student misbehavior shall be made available to parents and
students in copy form.)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2282
EEAE-EB
©
EXHIBIT
EXHIBIT
BUS
SAFETY
PROGRAM
SCHOOL BUS INCIDENT REPORT
R
AF
T
________________________________________________________________________
Bus No.
Driver's Name
Date
________________________________________________________________________
Type of Incident
________________________________________________________________________
Student's Name
Incident:







Failure to remain seated
Refusing to obey driver
Fighting
Profanity
Lighting matches
Smoking on bus
Throwing objects out of bus
Comments:







Throwing objects on bus
Hanging out of window
Spitting
Disobeying bus monitor
Bothering others (see comment)
Vandalism
Other (see comment)
__________________________________________________________
________________________________________________________________________
D
________________________________________________________________________
Signature:
____________________________________________________________
Action taken by school:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
Signature of School Official
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2300
EEAEA
©
BUS
DRIVER REQUIREMENTS, TRAINING,
AND RESPONSIBILITIES
R
AF
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Bus drivers employed by the District or employed by contractors who provide
transportation services to the District shall comply with applicable provisions
of the Commercial Motor Vehicle Safety Act of 1986 and all applicable
requirements of the state of New Mexico.
Adopted:
date of manual adoption
6.41.4.13 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2350
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EEAEAA
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
R
AF
T
The District is committed to the establishment of a drug and alcohol misuse
prevention program that meets or exceeds all applicable requirements of the
Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act). All
statements in this document will be interpreted so as to conform to the
Department of Transportation rules.
Each employee of the District who is required to have a commercial driver's
license (CDL) for performance of job functions shall be prohibited from:
 Reporting for duty or remaining on duty to perform safety-sensitive
functions as defined in 49 CFR 382.107 while having an alcohol
concentration of 0.04 or greater. [49 CFR 382.201]
 Being on duty or operating a commercial motor vehicle (school bus)
while the driver possesses alcohol, unless the alcohol is manifested and
transported as part of a shipment. This includes the possession of
medicines containing alcohol (prescription or over-the-counter), unless
the packaging seal is unbroken. [49 CFR 382.204]
 Using alcohol while performing safety-sensitive functions.
382.205]
[49 CFR
 Performing safety-sensitive functions within eight (8) hours after using
alcohol. [49 CFR 382.207]
D
 Using alcohol within four (4) hours following an accident or prior to
undergoing a postaccident alcohol test, whichever comes first. [49 CFR
382.299]
 Refusing to submit to an alcohol or controlled substance test as required
under postaccident, random, reasonable suspicion or follow-up testing
requirements in DOT rules. [49 CFR 382.211]
 Reporting for duty or remaining on duty, requiring the performance of
safety-sensitive functions, when the driver uses any controlled
substance, except when the use is pursuant to the instructions of a
physician who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a commercial motor
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
vehicle. [49 CFR 382.213]
 Reporting for duty, remaining on duty, or performing a safety-sensitive
function if the driver tests positive for controlled substances. [49 CFR
382.215]
A driver will inform the supervising administrator of any therapeutic drug
use. [49 CFR 382.213]
R
AF
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Drugs as used in this policy refers to controlled substances as
covered by the Omnibus Act and to drugs circumscribed by the New
Mexico Revised Statutes.
All drivers shall be subject to preemployment/preduty drug and alcohol
testing, including reasonable suspicion, random, and postaccident testing in
accord with the regulations of the Omnibus Act. If applicable, return to duty
and follow up testing shall be required in accord with regulations of the
Omnibus Act. [49 CFR 382.301 et seq.]
All offers of employment with the District for drivers will be made contingent
upon preemployment test results. An applicant testing positive for alcohol
or controlled substances will not be employed. [49 CFR 382.505]
Each driver who engages in the conduct prohibited herein shall:
 Be advised of resources available to the driver in evaluating and
resolving problems associated with drug or alcohol use, including the
names, addresses, and telephone numbers of substance abuse
professionals and counseling and treatment programs.
 Be evaluated by a substance abuse professional, who shall determine
what assistance, if any, the employee needs to resolve drug or alcohol
problems.
D
 Before return to duty in a safety-sensitive position, undergo a
return-to-duty alcohol test with a result indicating less than 0.02 or a
substance test with a verified negative result.
 If identified as needing assistance by a substance abuse professional, be
evaluated by a substance abuse professional to determine if that driver
has properly followed any rehabilitation program prescribed, and be
subject to unannounced follow-up tests following return to duty in
accord with federal regulations. [49 CFR 382.605]
The District shall assume the cost for the initial evaluation by a substance
abuse professional to determine what assistance, if any, the employee needs
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
in resolving problems associated with alcohol misuse and controlled
substances use. Evaluation and rehabilitation of the employee, if the
employee is allowed to return to work in any position, shall be in accordance
with 49 CFR 382.605 and by a substance abuse professional paid by the
employee.
R
AF
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The Superintendent is responsible for supervision of the District drug and
alcohol misuse prevention program.
The Superintendent will develop
procedures for the implementation of the program in compliance with the
applicable provisions and regulations of the Omnibus Transportation
Employee Testing Act of 1991.
Adopted:
date of manual adoption
49 U.S.C. 31306, (Omnibus Transportation Employee Testing
Act of 1991)
49 C.F.R. Part 40
49 C.F.R. Part 382
49 C.F.R. Part 395
CROSS REF.:
GBEC - Drug-Free Workplace
GBECA - Nonmedical Use or Abuse of Drugs or Alcohol
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2361
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REGULATION
EEAEAA-R
REGULATION
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
Circumstances Under Which Tests
for Drivers Are to Be Given
R
AF
T
All information obtained in the course of testing of drivers shall be protected
as confidential medical information. Except as required by law or expressly
authorized or required in 49 CFR 382.405, no information that is to be
maintained pursuant to 49 CFR 382.401 shall be released.
Random:
 A minimum of fifty percent (50%) of drivers shall be tested annually for
drugs and twenty-five percent (25%) of drivers shall be tested annually
for alcohol, subject to the Federal Highway Administration's
administrator raising or lowering the annual percentage rate in
accordance with regulations. [49 CFR 382.305] Random testing
selection shall be as follows:
 Employees are to be placed in and remain in a pool for random
selection.
 A valid random selection procedure will be used.
 Tests will be given at least once each quarter.
 Dates of testing will not be announced.
D
 Random drug and alcohol testing may be combined. For example,
when testing at fifty percent (50%) drug random rate and twenty-five
percent (25%) alcohol random rate, half of the randomly selected drivers
chosen for testing could be tested for both drugs and alcohol, while the
rest could be tested only for drugs.
Postaccident:
 Drivers are required to submit to drug and alcohol testing as soon as
possible following a "Department of Transportation (DOT) accident"
that involves the loss of human life or for which the driver receives a
citation under state or local law for a moving traffic violation arising
from the accident. [49 CFR 382.303]
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 A DOT accident is defined as an occurrence involving a commercial
motor vehicle operating on a public road that results in:
 A fatality; or
 Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of
the accident; or
R
AF
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 One (1) or more motor vehicles incurring disabling damage as a
result of the accident, requiring the vehicle to be transported
away from the scene by a tow truck or other vehicle. [49 CFR
390.5]
 If a driver is seriously injured and cannot submit to testing at the time
of the accident, the driver shall provide the necessary authorization for
obtaining hospital reports and other documents that may indicate
whether there were any drugs or alcohol used by the driver prior to the
accident. [49 CFR 382.303]
 A driver who is subject to postaccident testing shall remain readily
available for such testing or may be deemed by the District to have
refused to submit to testing. Nothing in this section shall be construed
to require the delay of necessary medical treatment or to prohibit the
driver from leaving the scene of an accident for a period necessary to
obtain assistance in responding to the accident, or to obtain necessary
medical care. [49 CFR 382.303]
 No driver required to take a postaccident alcohol test shall use alcohol
for eight (8) hours following the accident, or until the driver undergoes
a postaccident alcohol test, whichever occurs first. [49 CFR 382.303]
 The following actions are to be taken in a postaccident testing situation:
D
 Treat injuries.
 Work with law enforcement officials.
 Explain the need for testing.
 Obtain the driver's permission for testing, if possible.
 Work with the medical facility to obtain the necessary documents
and test information.
 Collect specimens promptly.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Document events.
The results of a breath or blood test for the use of alcohol or a urine test for
the use of drugs conducted by federal, state, or local officials having
independent authority for the test shall be considered to meet the
requirements for postaccident testing if the results are obtained by the School
District. [49 CFR 382.305]
Reasonable suspicion:
R
AF
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 Reasonable suspicion is defined to mean that the District believes the
behavior, speech, body odor, or appearance of a driver while on duty are
indicative of the use of alcohol and/or controlled substances. The
conduct must be witnessed by a supervisor or District official trained in
the detection of probable alcohol and drug use by observing indicators
in a person's appearance, behavior, speech, and performance, in
accordance with 49 CFR 382.603. If it is at all possible, the witness
should not conduct the alcohol test, in order to prevent the introduction
of bias to the testing procedure.
 Alcohol testing is authorized only if the observations are made during,
just before performing, or just after performing a safety-sensitive
function. A written record shall be made of the observations leading to
an alcohol and/or controlled substance test. This record is to be signed
by the supervisor who made the observations.
D
 If a reasonable suspicion alcohol test is not administered within two (2)
hours following the observations, the witness shall prepare and
maintain on file a record stating the reasons the alcohol test was not
administered promptly. In addition, if not administered within eight
(8) hours, all attempts to administer the test shall cease. A record
shall be prepared and maintained stating why the alcohol test was not
administered. [49 CFR 382.307]
 Reasonable suspicion
considerations:
testing
should
include
the
following
 Focus on safety.
 Verify reasonable suspicion if possible.
 Observe the employee's appearance, behavior, speech, and
performance.
 Inform the employee in private of any suspicion.
 Inquire in private about any observations or suspicions.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Review the findings.
 Upon concluding that reasonable suspicion exists, transport the
employee to a testing site.
 Document events.
Return-to-duty testing:
R
AF
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 A driver who has been prohibited from performing a safety-sensitive
function after engaging in conduct regarding alcohol misuse or
controlled substance use prohibited by U.S. Department of
Transportation regulations, and before returning to duty, shall undergo
a return-to-duty test, which must indicate a concentration of less then
0.02 for breath alcohol and/or a negative result for controlled substances.
[49 CFR 382.309 and 382.605(C)]
 When a driver has been determined to be in need of assistance in
resolving problems associated with alcohol misuse and/or controlled
substance use, the driver will be subject to unannounced follow-up
alcohol and/or controlled substance testing. The driver will be subject
to a minimum of six (6) follow-up tests in the first twelve (12) months.
The follow-up testing period shall not exceed sixty (60) months.
Follow-up testing for alcohol shall be administered only when the driver
is performing, just before performing, or just after performing a
safety-sensitive function. [49 CFR 382.311 and 382.605(C)]
Referral:
D
 Each driver who engages in conduct prohibited by 49 CFR 382.201 et
seq. shall be evaluated by a substance abuse professional, who shall
determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and controlled substance use.
[49 CFR 382.605]
Driver
Training
A copy of materials explaining the requirements of the Omnibus Act and the
District's policies and procedures with respect to meeting such requirements
will be distributed to each driver prior to the start of alcohol and controlled
substance testing and to each driver hired or subsequently transferred into a
driving position. The District shall provide written notice to representatives
of employee organizations of the availability of this information. [49 CFR
382.601]
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
These materials shall include detailed discussions of at least the following:
 The identity of the person designated to answer employee questions
about the materials.
 The categories of employees subject to this part of the regulation.
 Sufficient information about safety-sensitive functions performed by
such drivers to make clear what part of the work day a driver must be
in compliance with the rule.
R
AF
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 Specific information concerning driver conduct that is prohibited by the
rule.
 The circumstances under which a driver will be tested for alcohol and/or
controlled substances by rule.
 The procedures that will be used to test for the presence of alcohol and
controlled substances, to protect the driver and the integrity of the
testing processes, to safeguard the validity of the test results, and to
ensure that the results are attributed to the correct driver.
 The requirement that the employee submit to alcohol and controlled
substance tests administered in accord with Omnibus Act regulations.
 An explanation of what constitutes a refusal to submit to an alcohol or
controlled substance test and the attendant consequences.
 The consequences for drivers found to have violated the rule, including
requirements for removal from duty.
 Consequences for a driver having a concentration of 0.02 but less than
0.04 in a breath alcohol test.
D
 Information concerning the effects of alcohol and controlled substance
use on an individual's health, work, and personal life; signs and
symptoms of an alcohol or controlled substance problem (the driver or a
co-worker); and available methods of intervention, including
confrontation and referral. [49 CFR 382.601]
Policies, regulations, and consequences based on the District's independent
authority outside of the Omnibus Act shall be presented and clearly and
obviously described as being based on independent authority [49 CFR
382.601]. All such references shall be placed in bold within the document
and shall contain applicable statutory citations.
Each driver must provide a signed receipt for the materials.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
[49 CFR
382.401(c)(5)(iii)]. Written notice of the availability of this information shall
be provided to representatives of employee organizations.
[49 CFR
382.601(a)(2)]
Supervisor
Training
D
R
AF
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Persons designated to determine whether reasonable suspicion exists to
require a driver to undergo reasonable-suspicion testing shall receive at least
sixty (60) minutes of training on alcohol misuse and at least an additional
sixty (60) minutes of training on controlled substance use. The training
shall cover the physical, behavioral, speech, and performance indicators of
probable alcohol misuse and use of controlled substances. [49 CFR 382.603]
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
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EXHIBIT
EXHIBIT
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
(Records Retention)
R
AF
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The District shall maintain records of its alcohol misuse and prevention
program in a secure location with controlled access. The records are to be
kept as indicated below.
How long is the employer required to
keep records? [49 CFR 382.401(c)(1)]
 Five years:
 Records of alcohol test results showing concentrations of 0.02 or
more.
 Records of driver-verified positive controlled substance tests.
 Documentation of refusals to take required tests.
 Calibration documentation.
 Driver evaluation and referrals.
 A copy of each annual calendar year summary.
 Two years:
D
 Records related to the alcohol and controlled substance collection
process and training.
 One year:
 Records of negative and canceled drug test results and alcohol test
results with concentrations of less than 0.02.
What types of records must be kept?
 Records relating to the collection process,
as follows[49 CFR 302.401(c)(1)]:
 Collection logbook, if used.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Documents relating to the random selection process.
 Calibration documents for evidential breath testing devices.
 Documentation of breath alcohol technician training.
 Documents
regarding
reasonable-suspicion tests.
decisions
to
administer
 Documents regarding decisions of postaccident tests.
R
AF
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 Documents verifying existence of a medical explanation of the
inability of a driver to provide an adequate breath or urine
specimen for testing.
 Consolidated annual calendar year summaries as required by 49
CFR 382.403.
 Records relating to driver's test results [49 CFR 382.401(c)(2)]:
 Employer's copy of alcohol test forms, including the results of the
test.
 Employer's copy of drug test chain of custody and control form.
 Documents sent by the medical review officer (MRO) to the
employer, including those required by 49 CFR 382.407(a).
 Documents related to refusal by any driver to submit to a drug or
alcohol test required by the rules.
 Documents presented by a driver to dispute the results of an
alcohol or substance abuse test required by the rules.
D
 Records related to other violations.
 Records related to evaluations:
 Records pertaining to a determination by a substance abuse
professional (SAP) concerning a driver's need for assistance.
 Records concerning a driver's compliance with recommendations
of the SAP.
 Records relating to education and training:
 Materials on alcohol misuse and drug use awareness, including a
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
copy of the employer's policy on both.
 Documentation of compliance with the requirements of 49 CFR
382.601, including the driver's signed receipt for materials.
 Documentation of training provided to supervisors for
determining the need for reasonable-suspicion testing for alcohol
misuse or use of controlled substances.
 Certification that any training that has been conducted complies
with the requirements for such training.
R
AF
T
 Records relating to drug testing:
 Agreements with the collection site facilities, laboratories, medical
review officers, and consortia.
 Names and positions of officials and their roles in the employer's
alcohol and controlled substance testing program.
 Monthly laboratory statistical summaries of urinalysis required
by 49 CFR 40.29(g)(6).
 The employer's drug and alcohol testing policy and procedures.
How must these records be reported?
 All records must be kept in prescribed form and be supplied to DOT
when requested. The District will be notified whether to submit the
records. [49 CFR 382.403(b)]
What happens if records are not kept properly?
D
 Penalties can be severe; for example, just an error in paperwork can
mean a fine of up to five hundred dollars ($500) for each violation.
Other violations can be penalized as high as ten thousand dollars
($10,000) per occurrence and loss of federal funding. [49 U.S.C. Section
521(b)]
Where are records to be located?
 All records required shall be maintained as required by 49 CFR 390.31
and shall be made available for inspection at the employer's principle
place of business within two (2) business days after a request by an
authorized representative of the Federal Highway Administration. [49
CFR 382.401(d)]
What summary records are required?
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The District must prepare by March 15th of each year, and maintain,
an annual calendar year summary of the results of all controlled
substance and alcohol testing performed during the previous calendar
year.
 Each summary that contains verified positive controlled substance test
results and alcohol screening tests with concentrations of .02 or greater
or any other violations or alcohol misuse must include the following
elements:
 The number of drivers subject to 49 CFR 382.
R
AF
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 The number of drivers subject to testing under the alcohol misuse
or drug use rules of more than one DOT Agency - identified by
each Agency.
 The number of urine specimens collected, by type of test (e.g.,
random, reasonable suspicion, etc.).
 The number of positives verified by an MRO for type of test and
type of drug.
 The number of negative drug tests verified by an MRO, by type of
test.
 The number of persons denied a positions as drivers following
preemployment verified positive drug testing and/or alcohol
testing with concentrations of 0.04 or greater.
 The number of drivers with MRO-verified positive tests for
multiple controlled substances.
D
 The number of drivers who refused to submit to alcohol or drug
tests required by 49 CFR 382.
 The number of supervisors who have received required alcohol
training during the reporting period.
 The number of supervisors who have received required controlled
substances training during the reporting period.
 The number of screening alcohol tests, by type of test.
 The number of confirmation alcohol tests, by type of test.
 The number of confirmation alcohol tests with concentrations of
0.02 or greater but less than 0.04, by type of test.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The number of confirmation alcohol tests with concentrations of
0.04 or greater, by type of test.
 The number of drivers returned to duty, after complying with a
SAP's recommendation in this reporting period, who had
previously had verified positive drug test results or engaged in
prohibited alcohol misuse.
 The number of drivers who were administered drug and alcohol
tests at the same time with both verified positive drug test results
and alcohol test results with concentrations greater than 0.04.
R
AF
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 The number of drivers who were found to have violated any
nontesting prohibition of 49 CFR 382.403(b) and any action taken
in response to the violation.
 Each employer with an annual calendar year summary that contains
only negative drug test results, alcohol screening test results of less
than 0.02, and no other violations may prepare and submit either a
standard summary form with information as listed above or an "EZ"
report form. The abbreviated "EZ" form requires selected information
from the list above. [49 CFR 382.403]
Who may have access to the records?
 The covered employee, to the employee's records, upon written request.
 The employer.
 The Secretary of Transportation, upon request.
 Any DOT agency, upon request.
D
 Any state or local official with regulatory authority over the employee,
upon request.
 Any person or employer, upon the employee's written request.
 National Transportation Safety Board may review postaccident test
information upon request and as a part of an accident investigation.
[49 CFR 382.405]
Are the records relating to the drug and
alcohol testing program confidential?
 Yes; therefore, they are not subject to disclosure under the Inspection of
Public Records, with the possible exception of the Annual Calendar
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
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AF
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Year Summary once released to the DOT. [49 CFR 382.405]
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2400
EEAEB
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BUS
PURCHASING
AND
MAINTENANCE
The District and all contractors who provide transportation services to the
District shall comply with applicable provisions of the Commercial Motor
Vehicle Safety Act of 1986 and all applicable requirements of the state of New
Mexico that pertain to vehicle standards, periodic inspection, and
maintenance of school buses.
date of manual adoption
D
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2450
EEAEC
©
STUDENT CONDUCT
SCHOOL BUSES
ON
Students are required to conduct themselves in the bus, prior to boarding the
bus, and subsequent to leaving the bus in a manner consistent with
established standards for classroom behavior.
R
AF
T
When a student fails to practice proper conduct, the bus driver will inform
the principal of the misconduct, which may then be brought to the attention
of the parents.
Students who become serious disciplinary problems related to school
transportation may have their riding privileges suspended. In such cases,
the parents of the students involved become responsible for seeing that their
children get to and from school safely. The principal is the only person
authorized to suspend riding privileges.
Students riding on special-activity buses are under the direct supervision of
the bus driver in cooperation with sponsor(s). Students who do not conduct
themselves properly will be denied the privilege of riding on special-activity
buses.
Adopted:
date of manual adoption
LEGAL REF.:
6.41.4.9 NMAC
D
CROSS REF.:
JIC - Student Conduct
JK - Student Discipline
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
EEAE - Bus Safety Program
E-2650
EEAFA
©
EXTRACURRICULAR ACTIVITY
BUSES / SPECIAL EVENTS
The Director of Transportation will ensure that the activity buses receive
proper care. District mechanics will provide routine maintenance on activity
buses.
R
AF
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Scheduling of buses will be the responsibility of the Director of
Transportation or designee. School personnel will adhere to the established
guidelines on requesting transportation service.
Buses will not travel beyond a radius of five hundred (500) miles without
Board approval.
No activity travel will be scheduled between 1:30 a.m. and 5:00 a.m. without
Board approval. All activity travel must conform to current Department of
Transportation (DOT) Regulations regarding on duty, continuous, and total
driving time.
Adopted:
date of manual adoption
6.41.4.8 NMAC
6.41.4.9 NMAC
CROSS REF.:
EEAE - Bus Safety Program
JIC - Student Conduct
JK - Student Discipline
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2690
©
EEAFB
EXTRACURRICULAR ACTIVITY
EVENT DRIVER REQUIREMENTS
R
AF
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Drivers operating a school-owned vehicle or school, equipment for planned
school-sponsored programs, functions or activities shall be employees of the
School District.
Before operating a school-owned vehicle or school
equipment the driver or operator shall comply with the following
requirements.
The Superintendent or designee is authorized to determine when the needs of
the School District warrant the use of school-owned vehicles with a designed
seating capacity of nine (9) persons or less or to operate school equipment in
order to address the needs of the District's educational programs, activities,
functions or events.
In carrying out this authority, the Superintendent or designee may
authorize school employees to drive school-owned vehicles or to operate school
equipment for such purposes; so long as the use is consistent with state law
(i.e., the circumstances do not require the use of a school bus under state
regulation) and the requirements of this policy are met.
This policy shall be interpreted in a manner which is consistent with
applicable statutes and regulations adopted by the federal and state
governments. In the event of inconsistency, the federal or state-adopted
requirements shall prevail.
D
Drivers of school vehicles, including activity drivers, are not required to
obtain a Commercial Drivers License (CDL) unless they operate a vehicle
that is designed to carry ten (10) or more passengers, including the driver.
All drivers transporting students in school-owned vehicles, whether on
school activity trips or in connection with school programs or functions, shall
be required to successfully complete a pre-service training conducted by a
school bus driver instructor certified by the State School Transportation
Director. As required by state regulations (NMAC 6.41.4.13F), such training
shall include a minimum of twelve (12) hours of training, four (4) hours of
which shall be, classroom instruction; one (1) hour of which shall address
familiarization with the vehicle and equipment. Classroom instruction shall
also address and review the Standards for Providing Transportation Services
to Eligible Students, District and/or employer safety policies and regulations,
general motor vehicle operating procedures, and passenger management.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
All existing drivers at the time of adoption of this policy shall present
documentation of completion of such training or satisfy this training
requirement within six (6) months of adoption of this policy.
Within the first year of driving a school-owned vehicle, all drivers shall
complete training, unless documentation is provided for previous completion,
in a nationally-recognized or state-approved first aid course, including
cardiopulmonary resuscitation (CPR), and a nationally-recognized or
state-approved defensive driving course.
Adopted:
date of manual adoption
6.41.4.9 NMAC
CROSS REF.:
EEB - Business and Personnel Transportation Services
EEAE - Bus Safety Program
JIC - Student Conduct
JK - Student Discipline
D
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2700
EEAG
©
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
During school or school-sponsored functions, students may be transported
only in school-approved vehicles operated by District-authorized personnel
unless specific approval by the Superintendent has been obtained.
R
AF
T
The Board specifically forbids any employee to transport students for school
purposes without prior authorization by the Superintendent.
The Superintendent may develop regulations to govern the use of private
vehicles for transporting students.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2711
EEAG-R
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REGULATION
REGULATION
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
The use of a private vehicle for transporting students requires written
permission from the Superintendent.
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 This permission may be in the form of a standing permit for employees
who use their own vehicles regularly for school purposes. The permit
will state the particular purpose, and whether it includes
transportation of students.
 For each special trip involving students, including field trips, a special
permit must be obtained in advance for the specific trip.
 Each employee authorized to use a private vehicle for school business
purposes will be required to present proof of insurance to the District.
 No student will be sent on school errands with the student's own vehicle,
an employee's vehicle, or a District-owned vehicle.
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 In situations approved by the administration, licensed secondary
students may transport themselves to and from school activities within
the school day in private vehicles with the written permission of the
parent or legal guardian and proof of insurance on file in the Principal's
Office. The District does not allow students with private vehicles to
transport other students to and from school activities within the school
day. School provided transportation is the preferred method of student
transportation. Activity sponsors or school administrators may
prohibit students from transporting themselves.
Per
Capita
Feeder
Policy
The transportation department will provide per capita or per mile
reimbursement to a parent or guardian in cases where regular bus
transportation is impractical because of distance, road condition or sparse
population. To be eligible for Per Capita Feeder Route, a pupil must live
outside the legal walking distance to the nearest school bus route:
 Kindergarten through grade six (6) - One (1) mile radius.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

Middle School - One and one-half (1.5) mile radius.

High School - Two (2) mile radius.
The transportation department will approve all agreement(s) made with
parents or guardians for per capita feeder services. The agreement(s) will
define the term of service, the contract amount, and the responsibilities of the
parent. It will be the responsibility of the parent or guardian to transport
their students to the bus stop five (5) minutes prior to the scheduled bus
arrival and in the afternoon be waiting for the bus to return.
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A parent or guardian who has entered the per capita agreement must provide
proof of insurance, vehicle registration and drivers license to the
transportation department and shall maintain the insurance for the term of
the agreement. If the identity of the vehicle or driver changes or number of
pupils transported changes, this information must be reported. There will
be no reimbursement or back payment for time lapsed if the participant's
insurance expires.
The transportation department shall establish the mileage reimbursement
rate. This will include the mileage from the home to the bus stop, the return
mileage from the bus stop to the home during the day, and the reverse in
order to pick up the students in the afternoon. In cases where the student is
transported to school by parents and the parent remains in the community or
goes to a job, the reimbursement would not apply other than one (1) round
trip per day.
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The system of accountability will be in place to ensure that services are
rendered according to the terms of the agreement. The transportation
department will verify student attendance on a monthly basis before
payment is issued. The parent's signature on the monthly voucher will
assure us that they have transported their child each day to and from.
There will be no reimbursement for a day on which the student is not in
school.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-2850
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BUSINESS AND PERSONNEL
TRANSPORTATION SERVICES
(District Travel Policy)
Administrative
Requirements
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AF
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Administrators shall be responsible for making certain that the use of school
vehicles is not abused inside or outside the District, and it is the
responsibility of such administrative personnel to assure that all travel has
final approval from the District administration office. Use of private
vehicles for school purposes may be approved by the Superintendent only if
a school vehicle is unavailable. Drivers of school-owned vehicles must have
an annual check of their driving record through the New Mexico Department
of Motor Vehicles. They must not have a DWI within the last twenty four (24)
months.
Use
of
School
Vehicles
No school vehicle shall be used for personal business, unless the personal
business is incidental to a school-related trip. On a space-available basis, an
employee's family may be included on an out-of-town trip if approval is
granted by the Superintendent. Only Board members or District employees
may drive the vehicle. A school vehicle shall not be taken to an employee's
home at night unless the employee has permission from the Superintendent.
Use
of
Private
Vehicle
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Only when authorized by the Superintendent, a private vehicle may be used
at the mileage rate set by the District, and reimbursement for mileage will be
given to the owner of the private vehicle. Credit for mileage outside the
District will be given for school business only. An employee using a private
vehicle for a school trip shall not claim mileage for any purely personal use of
the vehicle during said trip.
Accident
Report
Any accident (no matter how minor) in a school vehicle or in any private
vehicle while on school business is to be reported in writing immediately to
the District transportation office, or to an administrator if the accident occurs
after school hours. The business office shall immediately report the accident
to the District's insurance company.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Adopted:
date of manual adoption
LEGAL REF.:
10-8-1 to 10-8-8 NMSA (1978)
6.20.2.19 NMAC
DKC - Expense Authorization/Reimbursement
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AF
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3050
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BUSINESS TRANSPORTATION
RECORDS AND REPORTS
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AF
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Records and reports will be maintained as mandated by law or rules and as
may be necessary to carry out transportation goals and objectives. The
records shall be available for inspection by the Superintendent and other
authorized officials.
Adopted:
date of manual adoption
22-16-2 NMSA (1978)
6.41.2.9 NMAC
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3100
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FOOD
SERVICES
The District may operate a school breakfast or lunch program for each school.
Food services will include lunches, and may include breakfasts, through
participation in the National School Lunch Program.
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The Board will approve the prices set for school meals.
As required for participation in the National School Lunch Program, the
Board prescribes:
 That a school lunch be made available to students.
 That free and reduced-price lunches be provided students who qualify
under federal guidelines.
Students will also be permitted to bring their lunches from home and to
purchase beverages.
The Superintendent shall develop and implement procedures as necessary,
which are designed to meet the necessary requirements for participation in
the National School Lunch Program and for control of students using the
cafeteria.
Adopted:
date of manual adoption
22-13-13 NMSA
6.20.2.23 NMAC
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3111
EF-R
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REGULATION
REGULATION
FOOD
SERVICES
The District food service program will comply with the following:
 Any student may eat in a school cafeteria.
 A student may bring a sack lunch; milk may be purchased.
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AF
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 Meal prices for students and adults will be recommended by the food
service supervisor, with approval by the Board, at the beginning of each
school year.
 Meal prices will be posted in each cafeteria.
 Under federal law, a school that operates on a commodity program is
prohibited from serving free meals to adults or employees of the District
from the commodity products. All meals for adults where federal
commodities are used must be paid for when served.
 A guest must be cleared through the food service supervisor by the host
to be eligible to eat in the cafeteria.
The host must make
arrangements to pay the full price of the meal.
 Food service employees have the right to refuse to serve anyone who is
not either employed by the District or cleared through the food service
supervisor.
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 The cafeteria laundry facilities will be used only for school-sanctioned
purposes.
 Facilities used by outside organizations or individuals must have
approval from the Superintendent.
 If outside organizations or individuals use the food service facilities, a
staff member must be on duty.
 The food service supervisor will develop in-service training programs,
approved by the Superintendent, for the food service staff.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3131
EF-E
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EXHIBIT
EXHIBIT
FOOD
SERVICES
CODE OF STANDARDS
The duties of any officer, employee, or agent of the District who has occasion
to handle school food or monies shall be performed in a manner consistent
with good business practices. This shall include prohibition of:
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AF
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 Solicitation or acceptance of gratuities, favors, or anything of monetary
value from contractors, potential contractors, or parties to
subagreements.
 Participation in awards or administration of contracts to firms in which
the employee, or any member of the employee's immediate family, has a
financial or other interest.
If financial interest is not substantial, or the gift is unsolicited and of
nominal intrinsic value, the officer, employee, or agent of the District shall
conform to the requirements of Policies BCB, DJ, or GBEAA.
Penalties or other disciplinary actions for infractions will be based on the
seriousness of the violations. Disciplinary actions may include, but are not
limited to:
 A written disciplinary report filed in the individual's personnel file.
 Suspension of duties.
 Termination of employment.
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 Prosecution by legal authorities.
Distribution
Instructions
These standards are incorporated into the general operation policy manual of
the District and are reviewed regularly by the Superintendent or the Board.
Copies of these standards are to be distributed to all personnel who have
occasion to handle school food, monies, or supplies, together with their
supervisors and program directors.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
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FREE
AND REDUCED - PRICE
FOOD SERVICES
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AF
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A program of free and reduced-price meals shall be established through
Board approval and participation in the National School Lunch and School
Breakfast Programs to provide meals for students who qualify. All parents,
including those of students entering during the year, shall be informed of the
program by letter. Applications shall be reviewed and maintained by the
supervisor of food services.
The income poverty guidelines prescribed on July 1 of each year must be used
for the ensuing fiscal year. Each state agency has special responsibilities for
informing schools and service institutions of their obligation to provide free or
reduced-price lunches and breakfasts to students who qualify. Furthermore,
the Board will submit to the Food and Nutrition Office a policy and criteria
that will be followed in determining the eligibility of all students for free or
reduced-price meals.
The District will serve meals free or at a reduced price to any student who is
a member of a family that has an annual income not above the applicable
income level for the student's family size.
The adopted income guidelines must meet the income poverty guidelines
prescribed by the federal Office of Management and Budget.
date of manual adoption
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^E-3400
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COLLECTION OF MONEY /
FOOD TICKETS
Meal
Charges
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AF
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Parents shall ultimately be responsible for any allowed meal charges when
students are unable to pay for the meal.
The Board shall permit elementary and secondary students to incur
reasonable charges, and parents will be billed at the end of the month.
The last monthly billing shall include the last ten (10) days of the school year.
Adopted:
date of manual adoption
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LEGAL REF.: 42 U.S.C. 1771 et seq., The Child Nutrition Act
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^E-3450
EFE
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COMPETITIVE FOOD SALES /
VENDING MACHINES
Vending
Machines
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AF
T
Vending machines will only dispense foods that meet nutrition standard
guidelines as set forth by the U.S. Department of Agriculture requirements
for foods and beverages that are sold individually and requirements for
competitive foods sold to students. The requirements for vending machine
beverage sales and accompaniments in New Mexico schools are listed by
designated school location of the sale.
 Elementary schools. Allowable beverages for elementary school-aged
students are limited to:
 Plain water or plain carbonated water (no size limit);
 Non fat milk, flavored or unflavored (no more than 8 fluid ounces);
 Nutritionally equivalent milk alternatives as permitted in §
210.10 and § 220.8 of this chapter (no more than 8 fluid ounces);
and
 100 percent fruit/vegetable juice, and 100 percent fruit and/or
vegetable juice diluted with water (with or without carbonation
and with no added sweeteners) (no more than 8 fluid ounces).
 Middle schools. Allowable beverages for middle school-aged students
are limited to:
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 Plain water or plain carbonated water (no size limit);
 Low fat milk, unflavored (no more than 12 fluid ounces);
 Non fat milk, flavored or unflavored (no more than 12 fluid
ounces);
 Nutritionally equivalent milk alternatives as permitted in §
210.10 and § 220.8 of this chapter (no more than 12 fluid ounces);
and
 100 percent fruit/vegetable juice, and 100 percent fruit and/or
vegetable juice diluted with water (with or without carbonation
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
and with no added sweeteners) (no more than 12 fluid ounces).
 High schools. Allowable beverages for high school-aged students are
limited to:
 Plain water or plain carbonated water (no size limit);
 Low fat milk, unflavored (no more than 12 fluid ounces);
 Non fat milk, flavored or unflavored (no more than 12 fluid
ounces);
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 Nutritionally equivalent milk alternatives as permitted in §
210.10 and § 220.8 of this chapter (no more than 12 fluid ounces);
 100 percent fruit/vegetable juice, and 100 percent fruit and/or
vegetable juice diluted with water (with or without carbonation
and with no added sweeteners) (no more than 12 fluid ounces);
 Calorie-free, flavored water, with or without carbonation (no more
than 20 fluid ounces);
 Other beverages that are labeled to contain less than 5 calories
per 8 fluid ounces, or less than or equal to 10 calories per 20 fluid
ounces (no more than 20 fluid ounces); and
 Other beverages that are labeled to contain no more than 40
calories per 8 fluid ounces or 60 calories per 12 fluid ounces (no
more than 12 fluid ounces).
 High schools selling food products by vending machine: Food products
shall conform to 7 CFR 210.11 as to nutritional value if sold from
vending machines to students and may be sold at any time.
Food
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Competitive
Sales
Competitive food sales and marketing will be consistent with nutrition
education and health promotion.
Competitive food and beverage items
sold during the school day must meet the nutrition standards for competitive
food as required in 7 CFR 210.11 and 210.11a.
The á la carte offerings in school meal programs shall follow the nutritional
minimum requirements for reimbursable school meals as issued by the
Secretary of Agriculture in The National School Lunch Act and The Child
Nutrition Act (see references below).
Fundraiser restrictions
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A special exemption is allowed for the sale of food and/or beverages that do
not meet the competitive food standards as required in this section for the
purpose of conducting an infrequent school-sponsored fundraiser. A
fundraiser is a sale on a school campus to benefit a school or school
organization of beverage or food products limited by a United States
department of agriculture school meal program for use, consumption or sale
during the school day. No fundraiser may be conducted in competition with
school meals in the food service area during meal service. A fundraiser may
be conducted only for up to one school day on two occasions per semester or
trimester term in a school that participates in United States department of
agriculture school meal programs.
date of manual adoption
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Adopted:
LEGAL REF.: 42 U. S. C. 1751 et seq., The National School Lunch Act
42 U.S.C. 1771 et seq., The Child Nutrition Act as amended.
7 CFR 210.11 Competitive food service and standards
7 CFR 210.11a Competitive food services
6.12.5.8 NMAC, New Mexico Requirements for Competitive
Foods Sold to Students
6.12.6.8 NMAC, Wellness Requirements
JL - Student Wellness
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3550
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FOOD
SERVICE
SANITATION
PROGRAM
School food service programs must meet all sanitary regulations
recommended by the State Department of Health for food-handling
establishments and the respective county or federal inspection agency.
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AF
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Cleanliness and sanitation should be an integral part of food production, and
shall receive the proper emphasis to ensure that standards are high.
date of manual adoption
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3600
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FOOD
SERVICES RECORDS
AND REPORTS
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AF
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The Secretary of Public Education prescribes regulations for keeping food
services records and making reports. The accounts and records shall be
available at all times for inspection and audit by authorized officials and
shall be preserved for a period not to exceed five (5) years. The school lunch
programs will be administered according to appropriate state and federal
provisions and the regulations made by the Secretary of Public Education.
The Secretary of Public Education conducts or causes to be conducted audits,
inspections, and administrative reviews of accounts, records, and operations.
date of manual adoption
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3900
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COPYRIGHT
COMPLIANCE
A variety of machines and equipment for reproducing materials to assist staff
in carrying out their educational assignments is available to staff in both the
school and home setting.
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AF
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Infringement on copyrighted material, whether prose, poetry, graphic images,
music, audio tape, video or computer-programmed materials, is a serious
offense against federal law, a violation of Governing Body policy and contrary
to ethical standards required of staff and students.
All reproduction of copyrighted material shall be conducted strictly in
accordance with applicable provisions of law. Unless otherwise allowed as
"fair use" under federal law, permission must be acquired from the copyright
owner prior to reproduction of material in any form. Permission forms are
available in the office and media center.
"Fair use" guidelines are as follows:
Fair
Use
Printed Materials:
 Permissible uses - school employees may:
 make a single copy of the following for use in teaching or in
preparation to teach a class:
A chapter from a book;
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


An article from a periodical or newspape
A short story, short essay or short poem, whether or not from a collective work

A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspape
 make multiple copies for classroom use (not to exceed one [1] copy
per student in a course) from the following:

A complete poem, if it has fewer than two hundred fifty
(250) words and does not exceed two (2) printed pages in
length;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

A complete article, story or essay of less than two thousand five hundred (2,500) word
Prose excerpts not to exceed ten percent (10%) of whole or one thousand (1,000) words, whiche

One (1) chart, graph, diagram, cartoon or picture per book or per issue of a periodica
An excerpt from a children's book containing up to ten percent (10%) of the words found in the
 All permitted copying must bear an appropriate reference. References
should include the author, title, date and any other pertinent
information.
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 Prohibited uses - school employees may not:
 copy more than one (1) work or two (2) excerpts from a single
author during one (1) class term;
 copy more than three (3) works from a collective work or
periodical volume during one (1) class term;
 copy more than nine (9) sets of multiple copies for distribution to
students in one (1) class term;
 copy to create or replace or substitute for anthologies or collective
works;
 copy "consumable" works, such as
standardized tests and answer sheets;
workbooks,
exercises,
 copy the same work from term to term;
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 copy the same material for more than one (1) particular course
being offered (may not copy every time a particular course is
offered) unless permission is obtained from the copyright owner.
 All sound recordings, including phonograph records, audiotapes,
compact discs and laser discs, will be treated under the same provisions
that guide the use of print materials unless as may otherwise be
excepted by regulations governing the reproduction of works for
libraries/media centers.
Sheet and Recorded Music:
 Permissible Uses - school employees may:
 make emergency copies to replace purchased copies which for any
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
reason are not available for an imminent performance provided
purchased replacement copies will be substituted in due course;
 make, for academic purposes other than performance, multiple
copies (one [1] per student) of excerpts not constituting an entire
performance unit such as a section, movement or aria, but in no
case no more than ten percent (10%) of the whole work;
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AF
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 make, for academic purposes other than performance, a single
copy of an entire performable unit such as a section, movement or
aria if confirmed by the copyright holder to be out of print or the
"unit" is unavailable except in a larger work. The copy may be
made solely for the purpose of scholarly research or in preparation
to teach a class;
 edit or simplify printed copies which have been purchased
provided that the fundamental character of the work is not
distorted or the lyrics, if any, altered or lyrics added if none exist;
 copy complete works which are out of print or unavailable except
in large works and used for teaching purposes;
 make a single copy of a recorded performance by students to be
retained by the school or individual teacher for evaluation or
rehearsal purposes;
 make a single copy of a sound recording, such as a tape, disc or
cassette, of copyrighted music owned by the school or an
individual teacher for constructing aural exercises or
examinations and retained for the same purposes.
 Prohibited uses - school employees may not:
substitute
for
anthologies,
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 copy to create or replace or
compilations or collective works;
 copy works intended to be "consumable", such as workbooks,
exercises, standardized tests and answer sheets;
 copy for the purpose of performance, except as noted above in
emergencies;
 copy to substitute for purchase of music except as noted above;
 copy without inclusion of the copyright notice on the copy.
Television-Off-the-Air Taping:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Permissible uses - school employees may:
 record a broadcast program off-air simultaneously with the
broadcast transmission, including simultaneous cable or satellite
re-transmission, and retain the recording for a period not to
exceed the first forty-five (45) consecutive calendar days after the
date of the recording.
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AF
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A limited number of copies may be reproduced from each off-air
recording to meet the legitimate needs of teachers.
Each
additional copy will be subject to all provisions governing the
original recording.
Unless authorized by the [library/media supervisor], at the
conclusion of the retention period, all off-air recordings shall be
erased or destroyed immediately.
Individuals who wish to retain programs beyond the 45-day period
need to complete and return the preview portion of the "Request
for Off-Air Video Taping" form to the [library/media supervisor]
for each program videotaped. The [library/media supervisor] will
coordinate requests for permission to use or retain copyrighted
television programs beyond the 45-day retention period.
 edit or simplify printed copies which have been purchased
provided that the fundamental character of the work is not
distorted or the lyrics, if any, altered or lyrics added if none exist;
 copy complete works which are out of print or unavailable except
in large works and used for teaching purposes;
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 make a single copy of a recorded performance by students to be
retained by the school or individual teacher for evaluation or
rehearsal purposes;
 make a single copy of a sound recording, such as a tape, disc or
cassette, of copyrighted music owned by the school or an
individual teacher for constructing aural exercises or
examinations and retained for the same purposes;
 retain videotapes of commercial programs only with written
approval of appropriate copyright holders;
 use off-air recordings once for each class in the course of relevant
teaching activities and repeat once only when instructional
reinforcement is necessary and only within the first ten (10)
consecutive school days of the 45-consecutive calendar day
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
retention period;
 use off-air recordings for evaluation purposes only, after the first
ten (10) consecutive school days up to the end of the
45-consecutive calendar day retention period. Evaluation purposes
may include use to determine whether or not to include the
broadcast program in the teaching curriculum;
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AF
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 use off-air recordings made from a satellite dish if they conform to
the 45-consecutive calendar day retention period established for
broadcast or cable programming and are not subscription
channels;
 use copies of off-air recordings, as stipulated in these guidelines,
only if the copies include the copyright notice on the broadcast
program;
 request that a library/media center record and retain for research
purposes commercial television news programs from local,
regional or national networks; interviews concerning current
events; and on-the-spot coverage of news events. Documentary,
magazine-format and public affairs broadcasts, however, are not
included in the definition of daily newscasts of major events of the
day;
Requests for retention of programs recorded off-air will be
directed to the producers of those programs directly through the
network (not affiliate).
 Prohibited uses - school employees may not:
substitute
for
anthologies,
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 copy to create or replace or
compilations or collective works;
 copy works intended to be "consumable", such as workbooks,
exercises, standardized tests and answer sheets;
 copy for the purpose of performance, except as noted above in
emergencies;
 copy to substitute for purchase of music except as noted above;
 copy without inclusion of the copyright notice on the copy;
 tape off-air programs in anticipation of an educator's requests;
 request that a broadcast program be recorded off-air more than
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
once for the same educator, regardless of the number of times the
program may be broadcast;
 use the recording for instruction after 45-consecutive calendar
days;
 hold the recording for weeks or indefinitely because:

Units needing the program concepts are not taught within
the 45-day use period;
An interruption or technical problem delayed its use; o
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AF
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

Another teacher wishes to use it, or any other supposedly "legitimate" educational reason
 record programs off-air without written permission from the
author/producer/distributor when a special notice is provided
specifically prohibiting reproduction of any kind;
 alter off-air programs from their original content. Broadcast
recordings may not be physically or electronically combined or
merged to constitute teaching anthologies or derivative works.
Off-air recordings, however, need not be used in their entirety;
 exchange program(s) with other schools without the approval of
the [media/library supervisor];
Programs will be used for the specific curriculum application for
which the request was intended.
No other curriculum
application is authorized.
 use the recording for public or commercial viewing;
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 copy or use subscription programs transmitted via subscription
television cable services, such as HBO or Showtime. Such
programs are licensed for private home use only and cannot be
used in public schools.
"Pay" programs received via satellite dish are also subject to these
prohibitions.
Rental, Purchase and Use of Videotapes:
 Permissible uses - school employees may:
 use purchased or rented videotapes such as feature films as part
of a systematic course of instruction, in accordance with school
policy. Such use shall be for direct instruction and must take
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
place in a classroom or similar area devoted to instruction;
 use only rented lawfully-made videotapes;
 arrange for the local school to transmit videotapes over their
closed circuit television systems for direct instruction;
 use off-air videotapes made at home for classroom instruction and
only in accordance with television-off-air guidelines and school
policy.
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 Prohibited uses - school employees may not:
 use rented or purchased videotapes where a written contract
specifically prohibits such use in the classroom or direct teaching
situation;
 use rented or purchased videotapes such as feature films for
assemblies, fund-raising, entertainment or other applications
outside the scope of direct instruction without public performance
rights.
Computer Software:
 Permissible uses - school employees may:
 make a copy of an original computer program for the purpose of
maintaining the availability of the program should it be damaged
during use. Either the copy or the original may be retained in
archives. Only one (1), either the original or the copy, may be
used at any one time;
D
 make a copy of a program as an essential step in using the
computer program as long as it is used in conjunction with the
machine and in no other manner;
 make a new copy from the archival program in the event that the
program in use is damaged or destroyed;
 use a purchased program sent from a manufacturer labeled
"archival" simultaneously with the original copy of the program
provided its use is permitted (not excluded) by the terms of the
sales agreement;
 make an archival copy of a rightfully-owned disk that is labeled
"archival" by the software manufacturer;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 load a software program from a single disk into a distribution
network or to individual stand-alone computers for simultaneous
use when the distribution network is only accessible to the
owner-user if not otherwise prohibited by terms of a sales
agreement;
 adapt a copyrighted program from one language to another for
which it is not commercially available or add features to a
program to better meet local needs.
 Prohibited uses - school employees may not:
R
AF
T
 load the contents of one (1) disk into multiple computers at the
same time in the absence of a license permitting the user to do so;
 load the contents of one (1) disk into local network or disk-sharing
systems in the absence of a license permitting the user to do so;
 make or use illegal copies of copyrighted programs on school
equipment;
 allow any student to surreptitiously or illegally duplicate
computer software or access any data base or electronic bulletin
board;
 make copies of software provided by a software publisher for
preview or approval;
 make multiple copies of copyrighted software (or a locally
produced adaptation or modification) even for use within the
school;
 make replacement copies from an archival or back-up copy;
D
 make copies of copyrighted software (or a locally-produced
adaptation or modification) to be sold, leased, loaned, transmitted
or even given away to other users;
 make multiple copies of the printed
accompanies copyrighted software.
documentation that
 use rented or purchased videotapes where a written contract
specifically prohibits such use in the classroom or direct teaching
situation;
 use rented or purchased videotapes such as feature films for
assemblies, fund-raising, entertainment or other applications
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
outside the scope of direct instruction without public performance
rights;
 record programs off-air without written permission from the
author/producer/distributor when a special notice is provided
specifically prohibiting reproduction of any kind;
 alter off-air programs from their original content. Broadcast
recordings may not be physically or electronically combined or
merged to constitute teaching anthologies or derivative works.
Off-air recordings, however, need not be used in their entirety;
R
AF
T
 exchange program(s) with other schools without the approval of
the [media/library supervisor].
Programs will be used for the specific curriculum application for
which the request was intended.
No other curriculum
application is authorized.
 use the recording for public or commercial viewing;
 copy or use subscription programs transmitted via subscription
television cable services, such as HBO or Showtime. Such
programs are licensed for private home use only and cannot be
used in public schools.
"Pay" programs received via satellite dish are also subject to these
prohibitions.
 With permission from the copyright holder, prohibitions may be
significantly modified or removed altogether.
Reproduction of Works for Libraries/Media Centers:
D
 Permissible uses - school employees may:
 arrange for interlibrary loans of photocopies of works requested by
users, provided that copying is not done to substitute for a
subscription to or purchase of a work;
 make for a requesting entity, within any calendar year, five (5)
copies of any article or articles published in a given periodical
within the last five (5) years prior to the date of the request for
the material;
 make single copies of articles or sound recordings or excerpts of
longer works for a student making a request, provided the
material becomes the property of the student for private study,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
scholarship or research;
 make a copy of an unpublished work for purposes of preservation,
of a published work to replace a damaged copy of an out-of-print
work that cannot be obtained at a fair price;
 make off-the-air recordings of daily television news broadcasts for
limited distribution to researchers and scholars for research
purposes;
R
AF
T
 make one (1) copy of a musical work, pictorial, graphic, sculptural
work, motion picture or other audiovisual work if the current copy
owned by the library/media center is damaged, deteriorated, lost
or stolen; and it has been determined that an unused copy cannot
be obtained at a fair price.
 Prohibited uses - school employees may not:
 make copies for students if there is reason to suspect that the
students have been instructed to obtain copies individually;
 copy without including a notice of copyright on the reproduced
material.
Performances:
 Permissible uses - school employees must:
 contact the copyright holder in writing for permission whenever
copyrighted works such as plays and musical numbers are to be
performed.
This is particularly important if admission is to be charged or
recordings of the performance are to be sold.
D
Violations:
 Employees in violation of copyright law may be required to remunerate
the school in the event of loss due to litigation and may be subject to
discipline up to and including dismissal.
Adopted:
date of manual adoption
LEGAL REF.: 17 U.S.C. 101 et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-3950
EGAE
©
MAIL
AND
DELIVERY
SERVICES
A mail service system shall be maintained within the District so that
in-District communications and communications from outside sources may be
delivered to the intended recipients in the most practicable way.
R
AF
T
The use of District mail facilities and personnel for the distribution of
materials and communications shall be restricted to materials and
communications that further the official school business and the educational
purposes of the District.
The District shall not be liable for items lost or opened, nor for any damage or
injury incurred by any individual as a result of the use of this mail service.
The Superintendent may establish procedures for implementation of this
policy.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^E-4250
EGD
©
USE
OF TECHNOLOGY
OFFICE SERVICES
IN
R
AF
T
Electronic communications (including records made with other software and
sent in e-mail) which are sent or received by the Board or District employees
pertaining to the business of the school may be subject to public disclosure
and inspection as public records and discovery in litigation as evidence in
support of a claim. Use of electronic mail should conform to the same
standards of judgment, propriety, and ethics as other forms of school
business-related communications. For these reasons a record keeping
system for electronic communications shall be established in which those
types of electronic communications:
 shall be categorized in the same manner as is required for paper
records,

shall be stored in a way permitting ease of record retrieval,

and shall contain explicit sender and receiver identification.
All Board members and selected staff are encouraged to participate in Open
Meeting Law (OML) and Public Records Law training within the first thirty
(30) days after becoming a member of the Board or the date of employment,
as is applicable. In order to encourage the Board, individual Board members,
staff communicating with or on behalf of the Board and members of
councils/committees of the Board to comply with the requirements of the
OML and Public Records Law, the following guidelines shall be followed:
D
 E-mail or any other electronic messaging service shall not be used as a
substitute for deliberations at Board meetings or for other
communications or business properly confined to Board meetings.
E-mail or any other electronic messaging service may be used to disseminate factual informat
Confidential information about employees, students or other Board members shall not be inclu
Should electronic devices be utilized for participation or attendance at public meetings, the pu
 The following statement shall be used on all Board member and staff
electronic communications: "To ensure compliance with the Open
Meeting Law, Board member recipients of this message should not
forward it to other Board members nor should Board members reply to
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
this message."
 Board members shall communicate with staff members and the public
by following procedures established in policy.
The following procedures shall be adhered to in order to establish a record
keeping procedure for such communications.
 A repository for electronic communications shall be established at the
direction of the Superintendent.
The determination of record status shall be on the same basis as is used for paper records.
R
AF
T
Once the communication is transferred to the records maintenance location and into the reco
required for other forms of the same record series.
A retrieval system for electronic mail and data transmitted with mail shall be established tha
Records Retention :
 Each Board member or staff member computer user shall segregate or
store electronic communications pertaining to the business of the
District to or from members of the Board or staff to a file folder and
then to a location designated by the District so that these records may
be maintained and inspected by any person upon request, unless
otherwise made confidential by law.
Compliance
In the event a Board member(s) fails to comply with the guidance of Board
policy, the matter shall be referred to the Board President, who will meet
with and/or discuss the matter and the Board policy with the Board
member(s). The Board President may request that the Board's legal counsel
participate in the meeting and/or discussion.
D
In the event an employee fails to comply with the guidance of Board policy,
that employee may be subject to disciplinary action, up to and including
possible termination.
The Superintendent may develop procedures to assist in compliance with the
Open Meeting Law and the Public Records Law.
Adopted : date of manual adoption
LEGAL REF.: 10-15-1 NMSA et seq.
14-3-6 NMSA
1.13.4 NMAC et seq.
New Mexico Commission of Public Records
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
(www.ncprs.state.nm.us/)
BDF - Advisory Committees
BEDH - Public Participation at Board Meetings
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
CFD - School-Based Management (School Councils)
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-4550
EI
©
INSURANCE PROGRAMS /
RISK MANAGEMENT
The District shall provide and maintain the broadest, most complete
insurance coverage of its facilities and for its employees at the most
economical cost possible consistent with sound insurance principles, state
and federal laws and regulations and the District's financial ability.
R
AF
T
Annual review of all insurance programs shall be made to ascertain any
needed changes. For administrative purposes, insurance coverage that is
considered an employee benefit (health, dental vision, AD&D, etc.) shall be
the responsibility of the District's Personnel office, with the risk insurance
coverage (property, casualty, liability, fleet, etc.) being the responsibility of
the District's Business office. Administrators shall develop procedures that
detail the methods and processes by which each function shall be managed.
Adopted:
date of manual adoption
D
LEGAL REF.: 52-1-1 NMSA (1978)
22-29-2 NMSA et seq. (1978)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
FACILITIES DEVELOPMENT
D
R
AF
T
SECTION F
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
F-0050
©
FA
FACILITIES DEVELOPMENT GOALS /
PRIORITY OBJECTIVES
Priority in the development of facilities shall be based on identified
educational needs and on programs developed to meet those needs.
R
AF
T
The Board establishes these broad goals for development:
 To integrate facilities planning with other aspects of planning in a
comprehensive educational program.
 To base educational specifications for school buildings on identifiable
learner needs.
 To design for sufficient flexibility to permit program modification or the
installation of new programs.
 To design school buildings as economically as feasible, providing that
learner needs are effectively and adequately met by the design.
 To involve the community, school staff members, available experts, and
the latest in related current development and research in building plans
and specifications.
 To analyze life-cycle costs as they compare with capital expenditures
versus a maintenance and operations expense projection.
D
 To analyze the core facility as it relates to future expansion.
 To design school buildings for community use when feasible.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
F-0650
FEA
©
EDUCATIONAL SPECIFICATIONS
FOR CONSTRUCTION
R
AF
T
In the construction of new or remodeled educational facilities, the Board
requires the Superintendent to develop a set of comprehensive educational
specifications. In conferences with the architect, the following specifications
shall be discussed for design inclusion:
 Information concerning the plan of school organization and estimated
enrollment in the proposed building.
 A description of the proposed curriculum and the teaching methods and
techniques to be employed.
 A schedule of space requirements, including an indication of relative
locations of various spaces.
 A desired layout of special areas and the equipment needed for such
areas.
 An outline of mechanical features and special finishes desired.
 Americans with Disabilities Act and Section 504.
Adopted:
date of manual adoption
D
LEGAL REF.: 20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
29 U.S.C. 794, Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et seq., The Americans with Disabilities Act
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
F-1400
FF
©
NAMING
FACILITIES
A new building will be named as soon as its construction has become a
financial reality, the site has been selected, and the architect appointed. All
schools will be named for community or historic locations or have geographic
significance
R
AF
T
When a school is to be named, the Superintendent will appoint a committee
from the geographic area of that school. The committee will include the
Superintendent as chairman, a principal, at least five citizens in the
community, and students. Citizens, Board members, and school personnel
may submit names for consideration by the committee.
When the use of a school changes and it no longer houses a regular school
program, the Board, upon the recommendation of the Superintendent, may
consider changing the name of the facility.
The Board will consider requests from school and community groups to
rename a school library, school facility other than a school, and athletic or
activity event for a person who is deceased and has made a significant
contribution to the School District.
The group making the request must agree to provide appropriate recognition
such as a plaque, portrait, or marker.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
PERSONNEL
D
R
AF
T
SECTION G
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0050
GA
©
PERSONNEL GOALS / PRIORITY
OBJECTIVES
R
AF
T
The Board recognizes that dynamic and efficient staff members dedicated to
education are necessary to maintain a constantly improving educational
program. The Board is interested in its personnel as individuals, and it
recognizes its responsibility for promoting the general welfare of the staff
members.
Duties of these staff members shall be outlined and assigned by the
Superintendent.
Additionally, the Board establishes, as personnel service goals, the following:
 Recruiting, selecting, and employing the best-qualified personnel to
staff the school system.
 An employee appraisal program that will contribute to the continuous
improvement of staff performance.
 Professional development and in-service training programs for
employees that will improve their rates of performance and retention.
 Deployment of the available personnel to ensure that they are utilized
as effectively as possible within budgetary constraints.
D
 Human relationships necessary to obtain maximum staff performance
and satisfaction.
 A staff compensation program sufficient to attract and retain qualified
employees within the fiscal limitations of the District.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0200
GBA
©
EQUAL
EMPLOYMENT
OPPORTUNITY
R
AF
T
Discrimination against an otherwise qualified individual with a disability or
any individual by reason of race, color, religion, sex, sexual orientation, age,
or national origin is prohibited. Efforts will be made in recruitment and
employment to ensure equal opportunity in employment for all qualified
persons.
Adopted:
date of manual adoption
LEGAL REF.: 20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
28-1-2 NMSA et seq.
AC - Nondiscrimination
ACA - Sexual Harassment
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
KED - Public Concerns/Complaints about Facilities or
Services
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0211
GBA-R
©
REGULATION
EQUAL
Compliance
REGULATION
EMPLOYMENT
OPPORTUNITY
Officer
R
AF
T
The Superintendent shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the District or who knows of such
discrimination against another person should file a complaint with the
Superintendent. If the Superintendent is the one alleged to have unlawfully
discriminated, the complaint shall be filed with the President of the Board.
Complaint
Procedure
The District is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Superintendent
shall investigate and document complaints filed pursuant to this regulation
as soon as reasonable. In investigating the complaint, the Superintendent
will maintain confidentiality to the extent reasonably possible.
The
Superintendent shall also investigate incidents of policy violation that are
raised by the Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that
a violation of policy has occurred, the Superintendent shall determine
whether or not to hold an administrative hearing and/or to recommend
bringing the matter before the Board.
D
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the District's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
In cases of serious misconduct, dismissal or suspension proceedings in
accordance with statutes may be initiated.
If the person alleged to have violated policy is a support staff employee, the
Superintendent may follow due process and impose discipline under Policy
GDQD if the evidence so warrants.
The Superintendent also may
recommend a suspension without pay, recommend dismissal, or impose other
appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
may impose discipline in accordance with policies JK and JKD.
If the Superintendent's investigation reveals no reasonable cause to believe
policy has been violated, the Superintendent shall so inform the complaining
party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
R
AF
T
Once the written complaint has been filed using the forms provided by the
District, the Superintendent shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
If the immediate supervisor or site administrator does not respond, the
Superintendent will have ten (10) additional working days to respond in
writing to the complaining party.
D
If the Superintendent does not respond within the established time, then the
complaining party may request in writing that the issue be brought before
the Board. The Board will then review the record of the investigation and
have thirty (30) days to respond to the complaining party in writing.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0231
GBA-E
©
EXHIBIT
EXHIBIT
EQUAL
EMPLOYMENT
OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in GBA-R)
R
AF
T
Please print:
Name: ________________________________________ Date:
___________________
Address:
________________________________________________________________
Telephone:
_____________________
______________________
Secondary
Phone:
Best
time
to
be
__________________________________________________
reached:
E-mail
__________________________________________________________
address:
I wish to complain against:
Name of person, school (department), program, or activity:
________________________________________________________________________
D
________________________________________________________________________
Address:
____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________
R
AF
T
Date of the action against which you are complaining:
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
D
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
____________________________________
Signature of Complainant
D
R
AF
T
The compliance officer, as designated in GBA-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0650
GBEA
©
STAFF
ETHICS
(Statement of Ethics for School Employees)
R
AF
T
We, professional educators of New Mexico, affirm our belief in the worth and
dignity of humanity. We recognize the supreme importance of the pursuit of
truth, the encouragement of scholarship, and the promotion of democratic
citizenship. We regard as essential to these goals the protection of freedom to
learn and to teach with the guarantee of equal educational opportunity for all.
We affirm and accept our responsibility to practice our profession according
to the highest ethical standards. We acknowledge the magnitude of the
profession we have chosen and engage ourselves, individually and collectively,
to judge our colleagues and to be judged by them in accordance with the
applicable provisions of this code.
Principle I: Commitment to the student. We measure success by the
progress of each student toward achievement of their maximum potential.
We therefore work to stimulate the spirit of inquiry, the acquisition of
knowledge and understanding and the thoughtful formulation of worthy
goals. We recognize the importance of cooperative relationships with other
community institutions, especially the home. In fulfilling our obligation to
the student, we:
 deal justly and considerately with each student;
encourage the student to study and express varying points of view and respect the student's ri
D
conduct conferences with or concerning students in an appropriate place and manner;
 seek constantly to improve learning facilities and opportunities.
Principle II: Commitment to the community.
We believe that
patriotism in its highest form requires dedication to the principles of our
democratic heritage. We share with all other citizens the responsibility for
the development of sound public policy. As educators, we are particularly
accountable for participating in the development of educational programs and
policies and for interpreting them to the public. In fulfilling our obligations
to the community, we:
 share the responsibility for improving the educational opportunities for
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
all;
 recognize that each educational institution has a person authorized to
interpret its official policies;
 acknowledge the right and responsibility of the public to participate in
the formulation of educational policy;
evaluate through appropriate professional procedures conditions within a district or institutio
assume full political and citizenship responsibilities, but refrain from exploiting the institution
R
AF
T
 protect the educational program against undesirable infringement and
promote academic freedom.
Principle III: Commitment to the profession.
We believe that the
quality of the services of the education profession directly influence[s] the
future of the nation and its citizens. We therefore exert every effort to raise
educational standards, to improve our service, to promote a climate in which
the exercise of professional judgment is encouraged, to demonstrate integrity
in all work-related activities and interactions in the school setting and to
achieve conditions which attract persons worthy of the trust to careers in
education. Aware of the value of united effort, we contribute actively to the
support, planning and programs of our professional organizations. In
fulfilling our obligations to the profession, we:
 recognize that a profession must accept responsibility for the conduct of
its members and understand that our own conduct may be regarded as
representative of our profession;
participate and conduct ourselves in a responsible manner in the development and implement
cooperate in the selective recruitment of prospective teachers and in the orientation of student
D
accord just and equitable treatment to all members of the profession in the exercise of their pr
refrain from assigning professional duties to nonprofessional personnel when such assignmen
refrain from exerting undue influence based on the authority of our positions in the determina

keep the trust under which confidential information is exchanged;
 make appropriate use of the time granted for professional purposes;
interpret and use the writings of others and the findings of educational research with intellect
maintain our integrity when dissenting by basing our public criticism of education on valid as
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
respond accurately to requests for evaluation of colleagues seeking professional positions;
provide applicants seeking information about a position with an honest description of the assi
Principle IV: Commitment to professional employment practices. We
regard the employment agreement as a solemn pledge to be executed both in
spirit and in fact in a manner consistent with the highest ideals of
professional service.
Sound professional personnel relationships with
governing boards are built upon integrity, dignity and mutual respect
between employees, administrators and local school boards. In fulfilling our
obligations to professional employment practices, we:
R
AF
T
 apply for or offer a position on the basis of professional and legal
qualifications;
apply for a specific position only when it is known to be vacant and refrain from such practices

fill no vacancy except where the terms, conditions and policies are known;
adhere to and respect the conditions of a contract or to the terms of an appointment until eithe
give prompt notice of any change in availability of service, in status of applications or in chang
conduct professional business through recognized educational and professional channels.
Adopted:
date of manual adoption
6.60.9.8 NMAC
6.60.9.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0700
GBEAA
©
STAFF
CONFLICT
OF
INTEREST
Nepotism
R
AF
T
A person who is the spouse, father, father-in-law, mother, mother-in-law, son,
son-in-law, daughter or daughter-in-law, brother, brother-law, sister, sister
in law of a member of the Board or Superintendent may not be initially
employed or approved for employment in any capacity in the District. The
school board may waive the nepotism rule for family members of a local
superintendent. Nothing in this section of this policy shall prohibit the
continued employment of such a person employed on or before March 1, 2003.
Prohibited
Acts
In the event an officer or employee of the district is employed by a
corporation or business or has a relative with a substantial interest in a
corporation or business which is or may be interested in contracting with or
furnishing goods and services to the District, the officer or employee shall
declare the interest and refrain from being involved in the contracting
process either directly or indirectly . Once such interest is publicly disclosed
the corporation or business can seek and obtain the business of the district
through a public bidding process.
In accordance with the Governmental Conduct Act a public officer or
employee:
D
 will not, while participating directly or indirectly in a district
contracting process, also be the employee of a contractor seeking that
contract.
 shall treat any position with the district as a public trust and shall use
the powers and resources of that position to advance the public interest
and not to obtain personal benefits or pursue private interests.
 shall maintain, at all times, the integrity and ethically high
responsibilities of public service and discharge all duties in the same
manner.
 shall conduct all interactions in a manner that justifies the confidence
placed in the office or position by the public.
 shall fully disclose real or potential conflicts of interest and shall make
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
reasonable efforts to avoid undue influence and abuse of the office or
position.
 shall not request or receive nor offer a legislator, public official, or
public employee any money, thing of value, or promise thereof that is
conditional upon or given in exchange for the promised performance of
an official act.
R
AF
T
 shall not directly or indirectly coerce or attempt to coerce another public
officer or employee to pay, lend, or contribute anything of value to a
party, committee, organization, agency, or person for a political
purpose.
 shall not directly or indirectly coerce or attempt to coerce an employee
by threatening, requiring, influencing or advising the employee
regarding any political activity.
 shall not violate the officer's or employee's duty not to use property of
the district, or allow its use, for other than authorized purposes.
 shall not take an official act for the primary purpose of directly
enhancing a personal financial interest or position.
 shall be disqualified from engaging in any official act affecting a
personal financial interest except if that interest is proportionately less
than the benefit to the general public.
 shall not acquire a financial interest if it is believed the new interest
will be directly affected by an official act.
D
 shall not use or disclose confidential information acquired by virtue of
the office or position with the district for personal gain or another's
private gain.
 will disclose any employment outside of the School District in writing to
the district and will not participate in any decision or action involving
the business identified in this disclosure unless permitted to do so by
the Governmental Conduct Act.
No person shall sell or use a student, faculty or staff list with personal
identifying information obtained from the district for the purpose of direct
marketing of goods or services except for legitimate educational purposes or
with the authorized release of each individual on the list(s).
Vendor
Relations
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
No employee of the District will accept gifts from any person, group, or entity
doing, or desiring to do, business with the District. The acceptance of any
business-related gratuity is specifically prohibited, except for widely
distributed, advertising items of nominal value.
This policy should not be construed to deem unacceptable inexpensive novelty
advertising items of general distribution. Acceptance of business lunches
and holiday gifts for general consumption are acceptable under this policy.
Adopted:
date of manual adoption
10-16-1 et seq. NMSA
22-5-6 NMSA
6.10.6.8 NMAC
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LEGAL REF.:
BCB - Board Member Conflict of Interest
DJ - Contracts for Purchases and Services
DJE - Bidding Purchasing Procedures
GBP - Prohibited Personnel Practices
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0731
GBEAA-EA
©
EXHIBIT
EXHIBIT
STAFF
I,
CONFLICT
OF
INTEREST
_____________________________________________________,
do
hereby
indicate:
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AF
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1. That I am presently an officer/employee of the Elida Municipal
School District;
2. That I (or my relative[s]: ___________________________________________________
_________________________________) have a substantial interest in
the contract, sale, purchase, or service to or decision by the Elida
Municipal School District Board as described below.
3. That I shall refrain from participating in any manner in my
capacity as an employee or officer of the Elida Municipal School
District in such contract, sale, purchase, service to, or decision by
the Board unless specifically permitted to do so by law.
___________________________________
Print Name
D
___________________________________
Signature
________________________
Date
Please identify and describe below any business in which you, or a family
member (spouse, domestic partner, parent, sibling, and/or child), has/have a
financial or substantial interest. Financial interest means an ownership
interest in a business or any employment or prospective employment for
which negotiations have already begun. Substantial interest means an
ownership interest of a business that is greater than 20%.
Business:_______________________________________________________________
_____
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
_____
Type of Interest: Financial ______ Substantial ______
D
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Interested Person: Myself ______ Family Member ______ (identify
relationship)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0732
GBEAA-EB
©
EXHIBIT
EXHIBIT
STAFF
CONFLICT
OF
INTEREST
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AF
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Employee Disclosure of Outside Employment/
Governmental Conduct Act (10-16-4.2 NMSA)
Name: ________________________________
Date: _________________
Position: ______________________________
School or Location of Duty Assignment: ______________________________
I, ____________________________________, as an employee of the Elida
Municipal School District, am required to make this disclosure of outside
employment pursuant to the Governmental Conduct Act (NMSA 1978, §
10-16-4.2 ):
Employer; date of hire; hours of work per week or other:
______________________________________________________________________
______________________________________________________________________
Position and description of duties:
D
______________________________________________________________________
______________________________________________________________________
Does employer contract with Elida Municipal School District:
Yes_____
No______
If yes then a conflict of interest form stating the conflict must be completed
and acknowledged at a public meeting.
___________________________________
Print Name
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________
Date
D
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___________________________________
Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0750
GBEB
©
STAFF
CONDUCT
(Standards of Professional Conduct)
Preamble
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We, licensed New Mexico educators acknowledge that ethical values in our
schools cannot exist without ethical leadership. It is our ultimate goal to
educate children so that they may become productive citizens; we understand
that our guidance and ability to provide choices has a profound effect on
reaching this goal. In affording students and each other choices, we agree to
consider the consequence of each choice, the moral value best exemplified by
the recommended choice, and our position on the choice if it were applied to
us. These principles apply equally to all licensed educators in all schools
except where they are uniquely applicable to public schools or where they
conflict with principles of religious freedom.
Moral values are to ethical leadership what years of experience are to a
successful educator. The former sets the stage for success of the latter.
Abstract principles that espouse excellence do not easily equate into simple
behavioral maxims. We are certain that some foundational concepts can be
embraced because they truly celebrate desirable moral values. These concepts
are: respect for one's self and others, honesty and openness, the delicate
balance between absolute freedom and safety, the equally delicate balance
between confidentiality and the right to know, equality of opportunity,
fairness to all, and personal integrity.
D
In the final analysis it is our consistent ethical leadership that wins the most
allies and produces the best results. Not only does this code highlight our
professional responsibilities, but also it stimulates us to discuss the
professional implications of our ethical choices and ethical recommendations,
causes us to assess and reassess our application of moral values, and sets
forth concrete behaviors appropriate for education professionals. We are
committed to this code and understand that it provides minimally accepted
standards of professional conduct in education.
Standard I – Duty to the student. We endeavor to stimulate students to
think and to learn while at the same time we seek to protect them from any
harm. Ethical leadership requires licensed educators to teach not only by use
of pedagogical tools, but also by consistent and justifiable personal example.
To satisfy this obligation, we:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
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 shall, in compliance with the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g, 34C.F.R. Part 99), the Individuals
with Disabilities Education Act (20 U.S.C. Section 1401 et seq., 34
C.F.R. Part 300), the Mental Health and Developmental Disabilities
Code (Section 43-1-19, NMSA 1978), the Inspection of Public Records
Act (Section 14-2-1 et seq., NMSA 1978), the Public School Code
(Section 22-1-8, NMSA 1978), and the Children's Code (Sections
32A-2-32, 32A-4-3, NMSA 1978), withhold confidential student records
or information about a student or his/her personal and family life
unless release of information is allowed, permitted by the student's
parent(s)/legal guardian, or required by law;
 shall not discriminate or permit students within our control, supervision or responsibility

school employee or student to discipline for misconduct whether or not the
student actually engages in the behavior;
shall avoi

and/or the student's parent(s)/legal guardian;
shall tutor
shall not give a gift to any one (1) student unless all students situated similarly receive or are

assistance;
shall not l
shall not have inappropriate contact with any student, whether or not on school property, whi
 all forms of sexual touching, sexual relations or romantic relations;
 inappropriate touching which is any physical touching, embracing, petting, hand-ho

any
D
offering or giving a ride to a student unless absolutely unavoidable as where a student has mi
 shall not interfere with a student's right to a public education by
sexually harassing a student or permitting students within our control,
supervision or responsibility to sexually harass any other student,
which prohibited behavior includes:
 making any sexual advances, requests for sexual favors, repeated
sexual references, any name calling by means of sexual references
or references directed at gender-specific students, any other
verbal or physical conduct of a physical nature with a student
even where the licensed educator believes the student consents or
the student actually initiates the activity, and any
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
display/distribution of sexually oriented materials where students
can see them; and
 creating an intimidating, hostile or offensive work/school environment by at a mini
Standard II – Duty to the profession. The education profession has been
vested by the public with an awesome trust and responsibility. To live up to
that lofty expectation, we must continually engender public confidence in the
integrity of our profession, and must strive consistently in educating the
children of New Mexico, all of whom will one-day shape the future. To satisfy
this obligation, we:
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 shall not make a false or misleading statement or fail to disclose a material fact in any ap

shall not o

shall not a

shall not m

shall not p

shall not d

shall not k

educational awards, honoraria, plaques, trophies, and prizes;
shall not

shall avoid

shall not s
 making any sexual advances, requests for sexual favors, repeated sexual references
mak

disp

6.60.9.9 NMAC, above;
crea
D

 shall educate oneself at least annually about avoiding sexual
harassment by either attending periodic training, reviewing sexual
harassment literature or the EEOC guidelines found at Title 29 Code of
Federal Regulations Part 1604 (29 C.F.R. Section 1604.1 et seq.) or
contacting appropriate school human resources personnel;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 shall not engage in inappropriate displays of affection, even with
consenting adults, while on school property or during school events off
campus;
shall not without permission of a supervisor use public school property to conduct personal bu
shall use educational facilities and property only for educational purposes or purposes for whi

ethnicity, sex, sexual orientation, disability, religion, or serious medical
condition;
shall not engage in any outside employment:
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AF
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
shall not
 the performance of which conflicts with our public school duties,
such as where a licensed educator takes a private job that would
require performance in the very school district where he/she is
employed;


whe
that impairs our physical ability to perform our school duties;
 shall not, with the intent to conceal/confuse a fact, change or alter any
writing or encourage anyone else to change or alter any document:
 in connection with our official school duties;

in connection with another licensed person's official school duties;

in connection with any standardized or non-standardized testing;

in connection with any school application or disclosure process; and
D
in connection with any writing submitted to the public education department related to our in
 shall not in connection with any state board-approved teacher test
knowingly make any misrepresentations about one's identity, or engage
in any false or deceptive acts of test-taking or test-registering;

shall not engage in any conduct or make any statement:
 that would breach the
non-standardized tests;
security
of
any
standardized
or
 that would ignore administering portions or the entirety of any
standardized or non-standardized testing instructions;
that would give students an unfair advantage in taking a standardized or non-standardized te
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
that would give a particular school or a particular classroom an unfair advantage in taking a s
that would assist students in obtaining services or benefits for which they do not qualify or ar
 shall not, when on school property or off campus while representing the
school or attending a school function, engage in violent, abusive,
indecent, profane, boisterous, unreasonably loud or otherwise disorderly
conduct which tends to disturb the peace.
shall not hold, or continue to hold, employment for which educator licensure or certification is
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shall not use school information technology equipment, hardware, software or internet access
shall not engage in unprofessional conduct, which conduct shall include but not be limited to t
 striking, assaulting or restraining a student for no valid reason;
using any written or spoken words in public schools or at school events that are inflammatory
bringing firearms onto school property or possessing them on school property, except with pro

possessing or consuming alcohol beverages at school;

possessing or using illegal drugs;

being under the influence of alcohol or illegal drugs at school;
actively obstructing an investigation into the possible unethical or illegal conduct of a school e
engaging in favoritism or preferential treatment toward any school employee or applicant in r
D
 shall report any knowledge of inappropriate contact, as provided by
Paragraph (7) of Subsection B of 6.60.9 NMAC with a student or other
school employee to the local school authority within 30 days of
obtaining such knowledge.
Sanctions
The standards of professional conduct establish minimal standards of
accepted professional conduct with which all educators and administrators
are required to comply. Therefore, the Secretary of Education through the
professional licensure unit ("licensure unit") of the public education
department (PED), may revoke or suspend the licensure of any person, or
may deny applications for licensure or relicensure to any person, who is
within the scope of this regulation and who after hearing is found to have
failed to comply with one (1) or more of the enumerated provisions of the
standards of professional conduct set forth in Section 6.60.9.9 NMAC,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
exclusive of the preamble.
In
General
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AF
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All employees of the District are expected to conduct themselves in a manner
consistent with effective and orderly education and to protect students and
District property. No employee shall, by action or inaction, interfere with or
disrupt any District activity or encourage any such disruption. No employee,
other than one who has obtained authorization from the appropriate school
administrator, shall carry or possess a weapon on school grounds. All
employees shall at all times attempt to maintain order, abide by the policies,
rules, and regulations of the District, and carry out all applicable orders
issued by the Superintendent.
Adopted:
date of manual adoption
22-5-4.4 NMSA (1978)
6.60.9.9 NMAC
6.68.2.1 et seq. NMAC
6.68.3.1 et seq. NMAC
CROSS REF.:
GCF - Professional Staff Hiring
JIC - Student Conduct
JK - Student Discipline
KFA - Public Conduct on School Property
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0761
GBEB-R
©
REGULATION
REGULATION
STAFF
CONDUCT
No employee, while on or using school property, otherwise acting as an agent,
or working in an official capacity for the District shall engage in:
 Physical or verbal abuse of, or threat of harm to, anyone.
R
AF
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 Causing damage, or threat of damage, to property of the District or
property of a member of the community or a visitor to the school when
the property is located on premises controlled by the District.
 Forceful or unauthorized entry to or occupation of District facilities,
including buildings and grounds.
 Use, possession, distribution, or sale of alcohol or of drugs or other
illegal substances.
 Use of profane or abusive language, symbols, or conduct.
 Failure to comply with lawful direction of District officials, security
officers, or any other law-enforcement officer, or failure to identify
oneself to such officials or officers when lawfully requested to do so.
 The carrying or possession of a weapon on school grounds without
authorization from the appropriate school administrator.
 A violation of District policies and regulations.
D
 Any conduct violating federal, state, or applicable municipal law or
regulation.
 Any other conduct that may obstruct, disrupt, or interfere with teaching,
research, service, administrative, or disciplinary functions of the
District, or any other activity sponsored or approved by the Board.
In addition to the foregoing, all staff members are expected to:
 Thoroughly acquaint themselves with the rules, regulations, and other
information applicable to them contained within the policies of the
Board.

Conduct themselves in a manner consistent with effective and orderly
education and to protect the students and the District property.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Maintain order in a manner consistent with District policies and
regulations.
 Comply promptly with all orders of the Superintendent and the
administrator who is their immediate supervisor.
 Dress and maintain a general appearance that reflects their position
and does not detract from the educational program of the school.
 Comply with the requirement of 22-5-4.4 NMSA 1978 by immediately
reporting student drug or alcohol use or abuse to the Superintendent or
the administrator who is their immediate supervisor.
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AF
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 Guard against misappropriation of school assets and immediately
report suspected theft or fraud to their immediate supervisor and/or the
Superintendent.
D
Employees of the District who violate these rules are subject to disciplinary
action.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0770
GBEBA
STAFF
DRESS
CODE
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It is the intent of the Elida Municipal Schools, through this dress code, to
ensure all employees present themselves to our students, parents and the
general public in a manner which enhances their professional position. It is
also the intent of the Elida Municipal Schools to ensure that employees model
attire appropriate for success.
 The Board of Education of the School District believes that since
administrators, certified personnel, instructional assistants and
substitute teachers serve as role models, they should maintain
professional standards of dress and grooming. Just as overall attitude
and instructional competency contribute to a productive learning
environment, so do appropriate dress and grooming. The Board
encourages staff to wear clothing that demonstrates their high regard
for education and presents an image consistent with their job
responsibilities. Dress should meet or exceed the standards set for
students.
Aim for a classic and understated look when selecting your
business wear for the day. Pick clothing that is comfortable, yet
communicates a professional attitude. Every item of clothing can be
worn in a manner that makes it inappropriate for the workplace. For
example, some items can be too revealing. Clothing should be clean,
without holes or frayed areas. Appropriate shoes are to be worn at all
times. Focus on showing appropriate images that demonstrate a
professional look; you are expected to present a professional appearance
and demeanor.
D

 Shirts with inappropriate graphics, sayings, t-shirts, blue jeans,
sweatpants, wind suits, jogging suits, shorts, spandex, or other form
fitting pants and miniskirts are inappropriate as are dresses with
spaghetti straps unless covered with a jacket. Women's apparel may be
worn approximately knee length. Hats should not be worn in buildings
unless they are religious apparel consistent with the employee's or
student's religious beliefs.
 All visible tattoos
are not acceptable.
and
body
piercing,
except
for
the
ears,
Exceptions to the above standards include physical education teachers and
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
vocational teachers when necessary to implement the School District's
curriculum. However, it is recommended that the guidelines involving
collared shirts and t-shirts be followed.
 Other exceptions e.g., field trips, may be made with the approval of the
building principal.
 If questions arise, building supervisors will make
determination of what is considered professional dress.
the
final
 As with students all tattoos will be covered at all times.
date of manual adoption
D
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0850
GBEBB
©
STAFF
CONDUCT
WITH
STUDENTS
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AF
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Employees are expected to exercise general supervision over the conduct of
students, not only while in the schoolroom, but also before and after school
and during recess. At all times teachers and other staff members will accord
students the dignity and respect that they deserve, and avoid embarrassing
any student unnecessarily.
Students are expected to regard all school employees as individuals who are
employed to provide direct or indirect contributions to learning. While
students are to have considerable latitude in making choices for themselves,
they shall be required to respect the rights of all school employees and other
students, and interference with those rights will not be tolerated.
Students shall not have the right to interfere with the efforts of instructional
staff members to coordinate or assist in learning, to disseminate information
for purposes of learning, or to otherwise implement a learning program. Nor
shall a student have the right to interfere with the motivation to learn or the
learning activities and efforts of other students. No student shall have the
right to interfere with or disrupt any employee's work activities.
All personnel employed by the District are expected to relate to students of
the District in a manner that maintains social and moral patterns of behavior
consistent with community standards and acceptable professional conduct.
D
Relationships between staff members and students that include "dating,"
"courtship," or "romantic involvement" are prohibited. These behaviors
deviate from ethical or professional standards and shall be deemed
unacceptable and contrary to the expectations of District governance.
Staff/student relationships shall reflect mutual respect between staff
members and students and shall support the dignity of the entire profession
and educational process.
Violations of the above shall be considered serious and may result in severe
disciplinary action.
Adopted:
date of manual adoption
LEGAL REF.:
6.60.9.9 NMAC
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
JIC - Student Conduct
D
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AF
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-0900
GBEBC
©
GIFTS TO AND SOLICITATIONS
BY STAFF MEMBERS
Gifts
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AF
T
An employee, or that person's family, shall not knowingly accept from a
restricted donor a gift of a market value greater than two hundred fifty
dollars ($250) and a licensed educator must not accept a gift with a market
value exceeding one hundred dollars ($100).
A restricted donor is a person
or agent of a person:
 seeking a transaction with the donee's agency.
who will be directly and substantially affected financially by performance of the donee's duties
with a matter pending before a regulatory agency in which the donee has discretionary author
who is a lobbyist or a client of a lobbyist with respect to matters within the donee's jurisdiction
An employee shall not solicit gifts or donations for a charity in such a manner
that it appears that the purpose of the donor in making the gift is to influence
the employee in the performance of an official duty.
(Definitions for the terms gift, family and restricted donor can be found in the
Gift Act cited below for purposes of interpreting the above section of policy.)
D
Students, parents, and other patrons of the District shall be discouraged from
the routine presentation of gifts to employees. This shall not be interpreted
as intended to discourage acts of generosity in unusual situations, and simple
remembrances expressive of affection or gratitude shall not be regarded as
violations of this policy.
Gifts to students by staff members shall be discouraged.
Simple
remembrances on certain occasions to all students in a class or section shall
not be regarded as a violation of this policy.
Solicitations
A school employee's position in the District shall not be used to influence
parents or students to purchase books or other merchandise, except for
materials approved by the Superintendent for use in the classroom.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Staff-member solicitation(s) of other employees and/or students for any profit,
nonprofit, or charitable groups, institutions, or organizations must have the
approval of the Superintendent in advance.
No other solicitations shall be made by or of employees during official duty
time.
Adopted:
date of manual adoption
10-16B-1 NMSA - Gift Act
6.60.9.9 NMAC
D
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AF
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0950
GBEC
©
DRUG - FREE
WORKPLACE
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AF
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No employee shall violate the law or District policy in the manufacture,
distribution, dispensing, possession, or use, on or in the workplace, of alcohol
or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate,
marijuana, or any other controlled substance, as defined in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and
as further defined by regulation at 21 C.F.R. 1308.11 through 1308.15.
Workplace includes any school building or any school premises and any
school-owned vehicle or any other school-approved vehicle used to transport
staff members or students to and from school or school activities or on school
business. Off school property, the workplace includes any school-sponsored
or school-approved activity, event, or function where students or staff
members are under the jurisdiction of the District. In addition, the
workplace shall include all property owned, leased, or used by the District for
any educational or District business purpose.
Any employee who has been convicted under any criminal drug statute for a
violation occurring in the workplace, as defined above, shall notify the
supervisor within five (5) days thereof that such conviction has occurred.
As a condition of employment, each employee shall abide by the terms of the
District policy respecting a drug-free workplace.
Any employee who violates this policy in any manner is subject to discipline,
which may include, but is not limited to, dismissal.
date of manual adoption
D
Adopted:
LEGAL REF.:
P.L. 100-690 Title V, Subtitle D.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation
Employees
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-0981
GBEC-EA
©
EXHIBIT
EXHIBIT
DRUG - FREE
WORKPLACE
NOTICE TO EMPLOYEES
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AF
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YOU ARE HEREBY NOTIFIED that it is a violation of Policy GBEC for any
employee to violate the law or District policy in the manufacture, distribution,
dispensing, possession, or use, on or in the workplace, of alcohol or any
narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or
any other controlled substance, as defined in schedules I through V of section
202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined
by regulation at 21 C.F.R. 1308.11 through 1308.15.
Workplace includes any place where work is performed, including a school
building or other school premises; any school-owned vehicle or any other
school-approved vehicle used to transport students to and from school or
school activities; and off school property during any school-sponsored or
school-approved activity, event, or function, such as a field trip or athletic
event, where students are under the jurisdiction of the District. In addition,
the workplace shall include all property owned, leased, or used by the District
for any educational purpose.
YOU ARE FURTHER NOTIFIED that it is a condition of your employment
that you will comply with Policy GBEC, and will notify your supervisor of
your conviction under any criminal drug statute for a violation occurring in
the workplace, not later than five (5) days after such conviction.
D
Any employee who violates the terms of the District's drug-free workplace
policy in any manner is subject to discipline, which may include, but is not
limited to, dismissal and/or referral for prosecution.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have been provided with two (2) copies of this Notice to Employees for
my review and signature. I understand that a signed copy will be placed in
my personnel file.
__________________________________________
Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________
Date
G-0982
GBEC-EB
©
EXHIBIT
EXHIBIT
DRUG - FREE
WORKPLACE
In order to comply with federal funding requirements, the District shall:
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AF
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 Gather information relative to availability of local community drug and
alcohol counseling, rehabilitation, and reentry programs that are
available to employees and make such information available to
employees.
 Provide each employee a copy of standards of conduct and the
statement of disciplinary sanctions that apply to alcohol and drug
violations. Use exhibit GBEC-EA to notify employees that compliance
with such standards is mandatory.
The District should perform a biennial review of the programs to:
 Ensure that disciplinary sanctions for employees are consistently
enforced.
D
 Determine program effectiveness and implement change to the program
if needed.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1000
GBECA
©
NONMEDICAL USE OR ABUSE
DRUGS OR ALCOHOL
OF
The District's posture in dealing with employees who engage in the
nonmedical use of drugs and/or the abuse of alcohol is to be one of
constructive confrontation in a supportive environment and supportive
relationship. This approach is based on the following premises:
R
AF
T
 Each employee is responsible for the employee's own actions.
 Each employee is a role model for students.
 Each employee who seeks help is to be given the opportunity to do so in
a supportive environment.
 The District shall not ignore employee problems.
 Constructive confrontation will be utilized to make employees aware of
opportunities and choices for help.
 Efforts to maintain confidentiality will be made by the District.
 Outside referrals to nonschool personnel will be provided, at employee
expense, to employees who indicate an interest.
 Employees will be required to provide information on progress in
dealing with problems.
D
 Supervisory staff members will receive orientation on methods of
constructive confrontation.
 Opportunities for self-referral will be provided.
 As recommended by outside professional sources, the District will
consider support to an employee during reentry into the workplace.
 The District's right to intervene is based on (1) a basic concern for the
health and welfare of the persons whom it employs and (2) the right to
expect quality job performance.
 School employees are human and should not be considered any less
vulnerable or immune to human stress than any other person.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 In spite of the above, school employees whose nonmedical use of drugs
or use of alcohol endangers the health and safety of students or other
employees may of necessity be dealt with summarily.
Employee
Drug
Use
or
Abuse
R
AF
T
The nonmedical possession or use or abuse of drugs and/or use of alcohol is
forbidden on school property or at school-sponsored activities away from
school property. Employees determined to be in possession of, using, or
abusing drugs or using alcohol shall be reported immediately to the principal
or other person in charge.
The Superintendent shall be notified
immediately.
The Superintendent will conduct an investigation in consultation with legal
counsel as necessary. If the investigation shows sufficient evidence to
suggest that the employee was involved with distribution or otherwise in
violation of the law, law enforcement authorities shall be notified. If the
results of the investigation show that the employee's actions endangered the
health and/or safety of students or other employees, the Superintendent shall
take disciplinary action or recommend disciplinary action to the Board in
accordance with existing policies and statutes.
If the results of the
investigation suggest that the employee be provided options under the
provisions of this policy, the Superintendent shall so direct the immediate
supervisor of the employee.
Adopted:
date of manual adoption
P.L. 100-690 Title V, Subtitle D.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation
Employees
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1050
GBECB
©
ALCOHOL
USE
BY
STAFF
MEMBERS
(Illegal Drugs)
The use or possession of intoxicants or illegal drugs on school property or at
school events is prohibited.
R
AF
T
Any person in violation of the provisions of the above paragraph shall be
subject to removal from school property and shall be subject to prosecution in
accordance with the provisions of the law.
Staff members of the District who are in violation of the provisions of this
policy shall be subject to disciplinary actions in accordance with the
provisions of school regulations.
A staff member who apparently has consumed alcoholic beverages or illegal
drugs on or off school property and/or before a school activity will not be
allowed to be on school property or to participate in school activities. Staff
members who violate this policy will be subject to the same penalties as for
possession and/or consumption on school property.
An employee of the District who, pursuant to local conditions or an
employment contract with the District, resides on District property or resides
in District housing may possess and use alcohol at the employee's residence
subject to the following restrictions:
D
 The employee shall not possess (except for possession at said residence),
sell, offer to sell, transfer, use, or be under the influence of alcohol while
on duty.
 Any alcohol consumption that occurs on school property when the
employee is not on duty shall be done in moderation and shall occur
within the employee's residence.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-1100
GBED
©
TOBACCO
USE
BY
STAFF
MEMBERS / SMOKING
The use, possession and distribution of tobacco products, e-cigarettes and
nicotine liquid containers, alcoholic beverages, mood-altering substances and
illicit drugs is prohibited in the following locations:
R
AF
T
 School grounds.

School buildings.

School parking lots.

School playing fields.

School buses and other District vehicles.

Off-campus school-sponsored events.
The meaning of the terms included herein shall be as provided in New Mexico
Administrative Code 6.12.4.1 through 6.12.4.9. Notice of this policy shall be
made by a listing of prohibited items that will be included in a Tobacco, Drug
and Alcohol Free School notice posted at the entrance to school buildings and
athletic events.
The Superintendent may establish procedures necessary to implement this
policy. Disciplinary penalties may be imposed in accord with policies of the
District regarding employee conduct and disciplinary actions.
D
The prohibitions do not apply to an adult when possession or use of the
tobacco products are for demonstration purposes as a necessary instructional
component of a tobacco prevention or cessation program that is:
 Approved by the school.

Adopted:
Established in accord with New Mexico Revised Statute.
date of manual adoption
LEGAL REF.:
24-16-3 et seq. NMSA Dee Johnson Clean Air Act
6.12.4.8 NMAC
1994 Op. Att'y Gen. No. 94-03, 1994 N.M. AG LEXIS 4.
20 U.S.C. 6083 Pro-Children Act of 1994 (Environmental
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Tobacco Smoke).
34 C.F.R. Part 85 Drug Free Workplace Act
D
R
AF
T
CROSS REF.:
GBEB - Staff Conduct
GCQF - Discipline, Suspension, Termination and Discharge of Professional
Staff Members
GDQD - Discipline, Suspension, Termination and Discharge of Support Staff
Members
JICG - Tobacco Use by Students
KF - Community Use of School Facilities
KFAA - Tobacco Use on School Premises at Public Functions
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-1300
GBGB
©
STAFF
PERSONAL SECURITY
AND SAFETY
Violence
R
AF
T
Any employee who observes or has direct knowledge of an act of violence
upon an employee during the performance of the employees duties or of an
act of vandalism to school property shall file an incident report in
accordance with procedures established by the New Mexico Secretary of
Education.
Threats
The Superintendent shall establish procedures that provide for the protection
of any employee who is threatened with harm by an individual or a group
while carrying out assigned duties.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-10A-33 NMSA (1978)
30-3-9 NMSA (1978)
30-3-9.1 NMSA (1978)
6.19.3.6 NMAC et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1311
GBGB-R
©
REGULATION
REGULATION
STAFF
PERSONAL SECURITY
AND SAFETY
Threats
D
R
AF
T
Any employee who is threatened with harm by an individual or a group while
carrying out assigned duties shall immediately notify the school principal or
supervisor. The principal or supervisor shall then immediately notify the
Superintendent's office of the threat and together they shall take immediate
steps in cooperation with the employee to provide every reasonable
precaution for the employee's safety.
Precautionary steps, including
contacting law enforcement, seeking injunctive relief or any advisable legal
action, shall be reported to the Superintendent's office at the earliest possible
time.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
4G-1350
©
GBGC
EMPLOYEE
ASSISTANCE
When, in the opinion of the immediate supervisor and/or the Superintendent,
the employee's physical or emotional condition warrants, the District may
require a complete examination, at District expense, by a licensed physician
selected by the District.
R
AF
T
The Superintendent shall have procedures for complying with the
requirements of the Occupational Safety and Health Administration (OSHA),
including an exposure-control plan, methods of compliance, work-practice
controls, postexposure evaluation and follow-up, and administering vaccine to
employees exposed to Hepatitis B virus.
All employees who as a result of their employment have had significant
exposure to bloodborne pathogens (Hepatitis B/Human Immunodeficiency
Virus) are required to report the details of the exposure in writing to the
District and are required to follow postexposure evaluation and follow-up
activities in accordance with New Mexico and federal laws. An employee
who chooses not to complete these reporting requirements will be at risk of
losing any claim to rights.
Employee
Assistance
Program
Employees may be referred to an Employee Assistance Program when the
employee’s job performance or attendance is unsatisfactory and the employee
is unable or unwilling to correct the situation, regardless of paid leave time
available to the employee. The employee has the responsibility to perform
job duties and to have regular dependable attendance. Employees who have
drug or alcohol abuse problems are encouraged to voluntarily seek assistance.
D
The Employee Assistance Program will consist of referrals to Board approved
community or other area counseling and rehabilitation programs through the
personnel office.
Failure to exhibit continuous and ongoing improvement of the unsatisfactory
work performance after assistance has been offered and/or accepted will
result in termination or non-renewal of the employee, according to prescribed
school District policy, administrative regulations, local, state and federal
laws.
4 5.6.1.2 and 3 are not binding re may require funcational capacity
eval or Statement of employee health.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Any employee who voluntarily seeks support and assistance from the District
for a drug or alcohol problem before it becomes an employment issue will be
granted unpaid leave, sick leave, or a combination of both to secure
treatment/counseling for their problem.
The District employer reserves the right to request a second medical opinion,
if the employer questions the employee returning to work in a timely manner.
Adopted:
date of manual adoption
29 U.S.C. 653
CROSS REF.:
EBBB - Accident Reports
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1381
GBGC-E
©
EXHIBIT
EXHIBIT
EMPLOYEE
ASSISTANCE
(Bloodborne Pathogen Requirements)
Exposure
Control
Plan
R
AF
T
Employee(s) with occupational exposure to human blood, human blood
components, products made from human blood, or pathogenic
microorganisms, including but not limited to Hepatitis B virus or HIV, shall
comply with this Exposure Control Plan designed to eliminate or minimize
employee exposure.
This Exposure Control Plan contains the following elements:
 The exposure determination outlined below.
 The schedule and method of implementation.
 The procedure for the evaluation of circumstances surrounding
exposure.
A copy of this Exposure Control Plan shall be accessible to employees.
This Exposure Control Plan shall be reviewed and updated at least annually
and whenever necessary to reflect new or modified tasks and procedures that
affect occupational exposure, and to reflect new or revised employee positions
with occupational exposure.
D
This Exposure Control Plan shall be made available to the Assistant
Secretary of Labor and the Director of the Occupational Safety and Health
Administration upon request for examination and copying.
Exposure
Determination
The District has determined that employee positions may involve the
following levels of exposure to bloodborne pathogens as a collateral function
to the primary job description:
 High risk - Coaches, physical education instructors, custodians, certain
special education program personnel, playground duty personnel,
health services personnel, and security personnel.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Moderate risk - Regular instructional program personnel, other special
education program personnel, school level office personnel, maintenance
personnel, food services personnel, and special assignment personnel
(e.g., counselors, librarians).
 Low risk - District level office personnel.
Methods
of
Compliance
R
AF
T
General. Universal precautions shall be observed by all District employees
to prevent contact with blood or other potentially infectious materials.
Under circumstances in which differentiation between body fluid types is
difficult or impossible, all body fluids shall be considered potentially
infectious materials.
Engineering and work practice controls:
 Engineering and work practice controls shall be used to eliminate or
minimize employee exposure. If occupational exposure remains after
institution of these controls, personal protective equipment shall also be
used.
 Engineering controls shall be examined and maintained or replaced on
a regular schedule to ensure their effectiveness.
 The District shall provide hand-washing facilities that are readily
accessible to employees.
D
 When provision of hand-washing facilities is not feasible, the District
shall provide either an appropriate antiseptic hand cleanser in
conjunction with clean cloth/paper towels or antiseptic towelettes.
When antiseptic hand cleansers or towelettes are used, hands shall be
washed with soap and running water as soon as feasible.
 The District requires that employees wash their hands immediately or
as soon as feasible after removal of gloves or other personal protective
equipment. Supervisory personnel shall ensure compliance.
 The District requires that employees wash hands and any other skin
with soap and water, or flush mucous membranes with water
immediately or as soon as feasible following contact of such body areas
with blood or other potentially infectious materials. Supervisory
personnel shall ensure compliance.
 Contaminated needles and other contaminated sharps shall not be bent,
recapped, or removed except as noted below. Shearing or breaking of
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
contaminated needles is prohibited.
 Contaminated needles and other contaminated sharps shall not be
recapped or removed unless no other alternative is feasible or
such action is required by a specific medical procedure as
determined by a competent medical professional qualified to make
such determination.
 Such recapping or needle removal must be accomplished through
the use of a mechanical device or a one-handed technique.
R
AF
T
 Immediately or as soon as possible after use, contaminated reusable
sharps shall be placed in appropriate containers until properly
reprocessed. These containers shall be:
 Puncture resistant.
 Labeled or color coded in accordance with this standard.
 Leakproof on the sides and bottom.
 In accordance with legal requirements for reusable sharps.
 Eating, drinking, smoking, applying cosmetics or lip balm, and handling
contact lenses are prohibited in work areas where there is a reasonable
likelihood of occupational exposure.
 Food and drink shall not be kept in refrigerators, freezers, shelves, or
cabinets, or on countertops or benchtops where blood or other
potentially infectious materials are present.
D
 All procedures involving blood or other potentially infectious materials
shall be performed in such a manner as to minimize splashing, spraying,
spattering, and generation of droplets of these substances.
 Mouth pipetting/suctioning of blood or other potentially infectious
materials is prohibited.
 Specimens of blood or other potentially infectious materials shall be
placed in a container that prevents leakage during collection, handling,
processing, storage, transport, or shipping.
 The container for storage, transport, or shipping shall be labeled
or color coded according to law and closed prior to being stored,
transported, or shipped. When a facility utilizes "universal
precautions" in the handling of all specimens, the labeling/color
coding of specimens is not necessary, provided containers are
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
recognizable as containing specimens. This exemption applies
only while such specimens/containers remain with the facility.
Labeling or color coding is required when such specimens/
containers leave the facility.
 If outside contamination of the primary container occurs, the
primary container shall be placed within a second container that
prevents leakage during handling, processing, storage, transport,
or shipping and is labeled or color coded according to the
requirements of this standard.
R
AF
T
 If the specimen could puncture the primary container, the
primary container shall be placed within a secondary container
that is puncture resistant in addition to the above characteristics.
 Equipment that may become contaminated with blood or other
potentially infectious materials shall be examined prior to servicing or
shipping and shall be decontaminated as necessary, unless the
decontamination of such equipment or portions of such equipment is not
feasible as determined by a supervisory employee assigned to make
such determination.
 A readily observable label in accordance with law shall be
attached to the equipment stating which portions remain
contaminated.
 This information shall be conveyed to all affected employees, the
servicing representative, and/or the manufacturer, as appropriate,
prior to handling, servicing, or shipping so that appropriate
precautions will be taken.
D
Personal protective equipment:
 Provision. When occupational exposure occurs, the District shall
provide, at no cost to the employee, appropriate personal protective
equipment such as, but not limited to, gloves, gowns, laboratory coats,
face shields or masks and eye protection, and mouthpieces,
resuscitation bags, pocket masks, or other ventilation devices.
Personal protective equipment will be considered "appropriate" only if it
does not permit blood or other potentially infectious materials to pass
through to or reach the employee's work clothes, street clothes,
undergarments, skin, eyes, mouth, or other mucous membranes under
normal conditions of use and for the duration of time that the protective
equipment will be used.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
R
AF
T
 Use. The District requires that all exposed employees use appropriate
personal protective equipment unless the District documents that a
specific employee temporarily and briefly declined to use personal
protective equipment when, under rare and extraordinary
circumstances, it was such employee's professional judgment that in the
specific instance its use would have prevented the delivery of health
care or public safety services or would have posed an increased hazard
to the safety of the worker or co-worker. When the employee makes
this judgment, the circumstances shall be reported by the employee and
investigated and documented by the District in order to determine
whether changes can be instituted to prevent such occurrences in the
future.
 Accessibility.
Appropriate personal protective equipment in the
appropriate sizes must be readily accessible at the work site or issued to
employees. Hypoallergenic gloves, glove liners, powderless gloves, or
other similar alternatives shall be readily accessible to employees who
are allergic to the gloves normally provided.
 Cleaning, laundering, and disposal. The District shall clean, launder,
and dispose of personal protective equipment required in this standard,
at no cost to the employee.
 Repair and replacement. The District shall repair or replace personal
protective equipment as needed to maintain its effectiveness, at no cost
to the employee.
 Any garment(s) penetrated by blood or other potentially infectious
materials shall be removed immediately or as soon as feasible.
 All personal protective equipment shall be removed prior to leaving the
work area.
D
 When personal protective equipment is removed it shall be placed in an
appropriately designated area or container for storage, washing,
decontamination, or disposal.
 Gloves. Gloves shall be worn when it can be reasonably anticipated
that the employee may have hand contact with blood, other potentially
infectious materials, mucous membranes, and nonintact skin; when
performing vascular access procedures; and when handling or touching
contaminated items or surfaces.
 Disposable (single-use) gloves, such as surgical or examination
gloves, shall be replaced as soon as practical when contaminated
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
or as soon as feasible if they are torn, punctured, or their ability to
function as a barrier is compromised.
 Disposable (single-use) gloves
decontaminated for reuse.
shall
not
be
washed
or
 Utility gloves may be decontaminated for reuse if the integrity of
the gloves is not compromised. However, they must be discarded
if they are cracked, peeling, torn, punctured, or exhibit other signs
of deterioration or when their ability to function as a barrier is
compromised.
R
AF
T
Housekeeping:
 General. The work site must be maintained in a clean and sanitary
condition. The District shall establish, attach hereto, and implement
an appropriate written schedule for cleaning and the method of
decontamination based upon the location within the facility, type of
surface to be cleaned, type of soil present, and tasks or procedures being
performed in the area.
 All school activity areas are cleaned daily.
 In cleaning operations involving human blood, a cleaning solution
consisting of ten to one (10:1) ratio of water and bleach will be used.
 All equipment and environmental and working surfaces shall be
cleaned and decontaminated after contact with blood or other
potentially infectious materials.
D
 Contaminated work surfaces shall be decontaminated with an
appropriate disinfectant after completion of procedures,
immediately or as soon as feasible when surfaces are overtly
contaminated or after any spill of blood or other potentially
infectious materials, and at the end of the work shift if the surface
may have become contaminated since the last cleaning.
 Protective coverings - such as plastic wrap, aluminum foil, or
imperviously backed absorbent paper used to cover equipment
and environmental surfaces - shall be removed and replaced as
soon as feasible when they become overtly contaminated or at the
end of the work shift if they may have become contaminated
during the shift.
 All bins, pails, cans, and similar receptacles intended for reuse
that have a reasonable likelihood of becoming contaminated with
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
blood or other potentially infectious materials shall be inspected
and decontaminated on a regularly scheduled basis and cleaned
and decontaminated immediately or as soon as feasible upon
visible contamination.
 Broken glassware that may be contaminated shall not be picked
up directly with the hands. It shall be cleaned up using
mechanical means such as a brush and dust pan, tongs, or forceps.
R
AF
T
 Reusable sharps that are contaminated with blood or other
potentially infectious materials shall not be stored or processed in
a manner that requires employees to reach by hand into the
containers where these sharps have been placed.
 Regulated waste:
 Contaminated sharps discarding and containment:

Contaminated sharps shall be discarded immediately or as
soon as feasible in containers that are:
 Closable.
 Puncture resistant.
 Leakproof on sides and bottom.
 Labeled or color coded.
During use, containers for contaminated sharps shall be:
D


 Easily accessible to personnel and located as close as
is feasible to the immediate area where sharps are
used or can be reasonably anticipated to be found
(e.g., laundries).
 Maintained upright throughout use.
 Replaced routinely and not be allowed to overfill.
When moving containers of contaminated sharps from the
area of use, the containers shall be:
 Closed immediately prior to removal or replacement
to prevent spillage or protrusion of contents during
handling, storage, transport, or shipping.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Placed in a secondary container if leakage is
possible. The second container shall be:
 Closable.
 Constructed to contain all contents and prevent leakage
during handling, storage, transport, or shipping.
 Labeled or color coded.
Reusable containers shall not be opened, emptied, or
cleaned manually or in any other manner that would
expose employees to the risk of percutaneous injury.
R
AF
T

 Other regulated waste containment:

Regulated waste shall be placed in containers that are:
 Closable.
 Constructed to contain all contents and prevent
leakage of fluids during handling, storage, transport,
or shipping.
 Labeled or color coded.
 Closed prior to removal to prevent spillage or
protrusion of contents during handling, storage,
transport, or shipping.
If outside contamination of the regulated waste container
occurs, it shall be placed in a second container. The second
container shall be:
D

 Closable.
 Constructed to contain all contents and prevent
leakage of fluids during handling, storage, transport,
or shipping.
 Labeled or color coded.
 Closed prior to removal to prevent spillage or
protrusion of contents during handling, storage,
transport, or shipping.
 Disposal of all regulated waste shall be in accordance with
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
applicable regulations of the United States, states, territories, and
political subdivisions of states and territories.
 Laundry:
 Contaminated laundry shall be handled as little as possible, with
a minimum of agitation.
Contaminated laundry shall be bagged or containerized at
the location where it was used and shall not be sorted or
rinsed in the location of use.

Contaminated laundry shall be placed and transported in
bags or containers labeled or color coded. When a facility
utilizes universal precautions in the handling of all soiled
laundry, alternative labeling or color coding is sufficient if
it permits all employees to recognize the containers as
requiring compliance with universal precautions.
R
AF
T

 Whenever contaminated laundry is wet and presents a
reasonable likelihood of soak-through of or leakage from the
bag or container, the laundry shall be placed and
transported in bags or containers that prevent
soaking-through and/or leakage of fluids to the exterior.
 Employees who have contact with contaminated laundry must
wear protective gloves and other appropriate personal protective
equipment.
D
 When a facility ships contaminated laundry off-site to a second
facility, which does not utilize universal precautions in the
handling of all laundry, the facility generating the contaminated
laundry must place such laundry in bags or containers that are
labeled or color-coded.
Hepatitis B Vaccination and
Postexposure Evaluation and Follow-up
General:
 The District shall make available the hepatitis B vaccine and
vaccination series to all employees who have occupational
exposure, and postexposure evaluation and follow-up to all
employees who have had an exposure incident.
 The District requires that all medical evaluations and procedures,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
including the hepatitis B vaccine, and vaccination series and
postexposure evaluation and follow-up, including prophylaxis, are:
 Made available at no cost to the employee.
 Made available to the employee at a reasonable time and place.
 Performed by or under the supervision of a licensed physician or
by or under the supervision of another licensed health care
professional.
R
AF
T
 Provided according to recommendations of the U.S. Public Health
Service current at the time these evaluations and procedures take
place, except as specified in this section on hepatitis B vaccination
and postexposure evaluation and follow-up.
 The District requires that all laboratory tests be conducted by an
accredited laboratory at no cost to the employee.
Hepatitis B vaccination:
 Hepatitis B vaccination shall be made available after the employee has
received the training required and within ten (10) working days of
initial assignment to all employees who have occupational exposure
unless the employee has previously received the complete hepatitis B
vaccination series, antibody testing has revealed that the employee is
immune, or the vaccine is contraindicated for medical reasons.
 The District shall not make participation in a prescreening program a
prerequisite for receiving hepatitis B vaccination.
D
 If the employee initially declines hepatitis B vaccination but at a later
date while still covered under the standard decides to accept the
vaccination, the District shall make available hepatitis B vaccination at
that time.
 The District requires all employees who decline to accept hepatitis B
vaccination that is offered to sign the following statement:
I understand that due to my occupational exposure to blood or
other potentially infectious materials I may be at risk of
acquiring hepatitis B virus (HBV) infection. I have been given
the opportunity to be vaccinated with hepatitis B vaccine, at no
charge to myself. However, I decline hepatitis B vaccination at
this time. I understand that by declining this vaccine, I
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
continue to be at risk of acquiring hepatitis B, a serious disease.
If in the future I continue to have occupational exposure to blood
or other potentially infectious materials and I want to be
vaccinated with hepatitis B vaccine, I can receive the
vaccination series at no charge to me.
 If a routine booster dose(s) of hepatitis B vaccine is recommended by the
U.S. Public Health Service at a future date, such booster dose(s) shall
be made available.
R
AF
T
Postexposure evaluation and follow-up.
Following a report of an
exposure incident, the District shall make immediately available to the
exposed employee a confidential medical evaluation and follow-up, including
at least the following elements:
 Documentation of the route(s) of exposure, and the circumstances under
which the exposure incident occurred.
 Identification and documentation of the source individual, unless the
District can establish that identification is infeasible or prohibited by
state or local law.
 The source individual's blood shall be tested as soon as feasible,
and after consent is obtained, in order to determine HBV and HIV
infectivity. If consent is not obtained, the District shall establish
that legally required consent cannot be obtained. When the
source individual's consent is not required by law, the source
individual's blood, if available, shall be tested and the result
documented.
D
 When the source individual is already known to be infected with
HBV or HIV, testing for the source individual's known HBV or
HIV status need not be repeated.
 Results of the source individual's testing shall be made available
to the exposed employee, and the employee shall be informed of
applicable laws and regulations concerning disclosure of the
identity and infectious status of the source individual.
 Collection and testing of blood for HBV and HIV serological status:
 The exposed employee's blood shall be collected as soon as feasible
and tested after consent is obtained.
 If the employee consents to base-line blood collection, but does not
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
give consent at that time for HIV serologic testing, the sample
shall be preserved for at least ninety (90) days. If within ninety
(90) days of the exposure incident the employee elects to have the
base-line sample tested, such testing shall be done as soon as
feasible.
 Postexposure prophylaxis, when medically indicated, as recommended
by the U.S. Public Health Service.
 Counseling.
R
AF
T
 Evaluation of reported illnesses.
Information provided to the health care professional:
 The health care professional responsible for the employee's hepatitis B
vaccination shall be provided a copy of this document.
 The health care professional evaluating an employee after an exposure
incident shall be provided the following information:
 A copy of this document.
 A description of the exposed employee's duties as they relate to
the exposure incident.
 Documentation of the route(s) of exposure and circumstances
under which exposure occurred.
 Results of the source individual's blood testing, if available.
D
 All medical records relevant to the appropriate treatment of the
employee, including vaccination status, that are the District's
responsibility to maintain.
Health care professional's written opinion. The District shall obtain
and provide the employee with a copy of the evaluating health care
professional's written opinion within fifteen (15) days of the completion of the
evaluation.
 The health care professional's written opinion for hepatitis B
vaccination shall be limited to whether hepatitis B vaccination is
indicated for an employee and whether the employee has received such
vaccination.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The health care professional's written opinion for postexposure
evaluation and follow-up shall be limited to the following information:
 That the employee has been informed of the results of the
evaluation.
 That the employee has been told about any medical conditions
resulting from exposure to blood or other potentially infectious
materials that require further evaluation or treatment.
R
AF
T
 All other findings or diagnoses shall remain confidential and shall not
be included in the written report.
Medical record keeping.
be maintained.
Communication
of
Medical records required by this standard shall
Hazards
to
Employees
Labels:
 Warning labels shall be affixed to containers of regulated waste,
refrigerators and freezers containing blood or other potentially
infectious material, and other containers used to store, transport, or
ship blood or other potentially infectious materials, except as provided
in law.
 These labels shall contain the "biohazard" label.
 These labels shall be fluorescent orange or orange-red or predominantly
so, with lettering or symbols in a contrasting color.
D
 Labels are required to be affixed as close as feasible to the container by
string, wire, adhesive, or other method that prevents their loss or
unintentional removal.
 Red bags or red containers may be substituted for labels.
 Containers of blood, blood components, or blood products that are
labeled as to their contents and have been released for transfusion or
other clinical use are exempted from the labeling requirements of this
section on communication of hazards to employees.
 Individual containers of blood or other potentially infectious materials
that are placed in a labeled container during storage, transport,
shipment, or disposal are exempted from the labeling requirements.
 Labels required for contaminated equipment shall be in accordance
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
with this section and shall also state which portions of the equipment
remain contaminated.
 Regulated waste that has been decontaminated need not be labeled or
color coded.
Information and training:
 All employees with occupational exposure shall participate in a training
program, which must be provided at no cost to the employees and
during working hours.
R
AF
T
 Training shall be provided as follows:
 At the time of initial assignment to tasks where occupational
exposure may take place.
 Within ninety (90) days after the effective date of the standard.
 At least annually thereafter.
 For employees who have received training on bloodborne pathogens in
the year preceding the effective date of the standard, only training with
respect to the provisions of the standard that were not included need be
provided.
 Annual training for all employees shall be provided within one (1) year
of their previous training.
D
 The District shall provide additional training when changes such as
modification of tasks or procedures or institution of new tasks or
procedures affects the employee's occupational exposure.
The
additional training may be limited to addressing the new exposures
created.
 Material appropriate in content and vocabulary to educational level,
literacy, and language of employees shall be used.
 The training program shall contain at a minimum the following
elements:
 An accessible copy of the regulatory text of this standard and an
explanation of its contents.
 A general explanation of the epidemiology and symptoms of
bloodborne diseases.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 An explanation of the modes of transmission of bloodborne
pathogens.
 An explanation of the District's Exposure Control Plan and the
means by which the employee can obtain a copy of the written
plan.
 An explanation of the appropriate methods for recognizing tasks
and other activities that may involve exposure to blood and other
potentially infectious materials.
R
AF
T
 An explanation of the use and limitations of methods that will
prevent or reduce exposure, including appropriate engineering
controls, work practices, and personal protective equipment.
 Information on the types, proper use, location, removal, handling,
decontamination, and disposal of personal protective equipment.
 An explanation of the basis for selection of personal protective
equipment.
 Information on the hepatitis B vaccine, including information on
its efficacy, safety, method of administration, the benefits of being
vaccinated, and that the vaccine and vaccination will be offered
free of charge.
 Information on the appropriate actions to take and persons to
contact in an emergency involving blood or other potentially
infectious materials.
D
 An explanation of the procedure to follow if an exposure incident
occurs, including the method of reporting the incident and the
medical follow-up that will be made available.
 Information on the postexposure evaluation and follow-up that
the District is required to provide for the employee following an
exposure incident.
 An explanation of the labels and/or color coding required.
 An opportunity for interactive questions and answers with the
person conducting the training session.
 The person conducting the training shall be knowledgeable in the
subject matter covered by the elements contained in the training
program as it relates to the workplace that the training will address.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Record
Keeping
Medical records:
 The District shall establish and maintain an accurate record for each
employee with occupational exposure as defined herein.
 This record shall include:
 The name and Social Security number of the employee.
R
AF
T
 A copy of the employee's hepatitis B vaccination status, including
the dates of all hepatitis B vaccinations and any medical records
relative to the employee's ability to receive vaccination.
 A copy of all results of examinations, medical testing, and
follow-up procedures.
 The District's copy of the health care professional's written
opinion.
 A copy of the information provided to the health care professional.
 Confidentiality. The District shall ensure that employee medical
records required by law are:
 Kept confidential.
 Not disclosed or reported, without the employee's express written
consent, to any person within or outside the workplace, except as
required by law.
D
 The District shall maintain the records required by law for at least the
duration of employment plus thirty (30) years.
Training records:
 Training records shall include the following information:
 The dates of the training sessions.
 The contents or a summary of the training sessions.
 The names and qualifications of persons conducting the training.
 The names and job titles of all persons attending the training
sessions.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Training records shall be maintained for three (3) years from the date
on which the training occurred.
Availability:
 The District shall ensure that all records required to be maintained
shall be made available, upon request, to the Assistant Secretary of
Labor and the Director of the Occupational Safety and Health
Administration for examination and copying.
R
AF
T
 Employee training records required by law shall be provided upon
request for examination and copying to employees, to employee
representatives, to the Director of the Occupational Safety and Health
Administration, and to the Assistant Secretary of Labor.
 Employee medical records required by law shall be provided upon
request, for examination and copying, to the subject employee, to
anyone having written consent of the subject employee, to the Director
of the Occupational Safety and Health Administration, and to the
Assistant Secretary of Labor.
Transfer of records:
 The District shall comply with the legal requirements involving transfer
of records.
D
 If the District ceases to do business and there is no successor district to
receive and retain the records for the prescribed period, the District
shall notify the Director of the Occupational Safety and Health
Administration, at least three (3) months prior to their disposal, and
transmit them to the Director of the Occupational Safety and Health
Administration, if required by the Director of the Occupational Safety
and Health Administration to do so, within that three (3) month period.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1400
GBGCA
©
WELLNESS
PROGRAMS
(Communicable Diseases)
R
AF
T
The Board believes that the health and safety of the students and employees
of the District are primary concerns, and that it is necessary, therefore, to
adopt a policy governing the manner in which the Board and the
administration address such concern when a current or potential employee is
infected with a communicable disease. While designed to protect students
and employees, this policy also protects the legitimate interests and rights of
employees or potential employees having a communicable disease or are
carriers of a communicable disease. Employees with a communicable
disease or being a carrier of a communicable disease will be permitted to
retain their positions, whenever, after reasonable accommodations and
without undue hardship, there is no risk of transmission of the disease to
others, provided an employee is able to continue to perform the essential
functions of the position.
D
Any decision affecting the employment, continued employment, or suspension
from duty will be based upon competent medical advice and will balance the
rights of the infected individual against the legitimate interest of the District
in protecting the health and safety of the students and remaining employees.
Such decisions shall be made in accordance with the provisions of this policy
and District administrative procedures. Applicants for employment who are
carriers of or who have a communicable disease are obligated to disclose that
fact before being employed. Current employees who are carriers of or who
have a communicable disease are obligated to disclose that fact to their
immediate supervisor as soon as the employee is aware of the condition. The
District will not require mandatory testing or screening of individuals for
communicable diseases as a condition of employment, either initially or
annually, however, if District authorities have reasonable cause to believe
that an employee has or is a carrier of a communicable disease, such
individual may be required to submit to an appropriate medical examination
at the expense of the District.
Employees may voluntarily choose to absent themselves from their position
using the Board's other employment policies including sick leave or any other
appropriate leaves for any period during which the employee's condition is
infectious and/or communicable, provided that such absence is supported by a
competent medical professional. Employees who have or are carriers of
communicable diseases and who have not voluntarily absented themselves
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
from their duties, will have their employment situation reviewed by a Review
Team consisting of:
 the employee's physician;
a physician selected by the District;

the employee;

the employee's immediate supervisor; and

the Superintendent or the Superintendent's designee.
R
AF
T

The Review Team will make a recommendation to the Superintendent for
employment or placement action. The Superintendent shall develop and
implement administrative procedures for administering this policy.
Medical Examinations. If at any time there is a question as to the ability
of a District employee to perform essential job-related functions, the District
may require a complete medical examination by a District appointed
physician at the expense of the District. Such action may be taken to protect
the health and safety of the employee, other employees or the students while
at the same time protecting the legitimate rights and interests of the
employee. Such a medical examination will be considered job-related and
consistent with business necessity, and therefore permissible, in the following
situations:
 When an employee wishes to return to work following an absence due to
illness or injury. An examination may be conducted to determine if the
employee, with reasonable accommodation, can safely and effectively
perform the essential functions of the job.
D
When an employee requests an accommodation. If an employee requests an accommodation
help identify potential accommodations.
When an employee is having difficulty performing the assigned job effectively, the District ma
 When the examination is required by law, medical examinations or
monitoring are required under certain circumstances by regulations
issued by the Department of Transportation and the Occupational
Safety and Health Administration.
The District may conduct voluntary medical examinations as part of an
employee health or wellness program. All information obtained through
medical inquiries or examinations must be treated as confidential. Thus,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
medical information must be kept in a confidential file, separate from other
personnel information about the employee.
The Superintendent shall
develop and implement administrative procedures necessary to administer
this policy.
Universal
Precautions
The District shall follow the "Universal Precautions Standard" set forth in
the attached Exhibit GBGCA-E to protect employees who are at risk of being
exposed to blood and body fluids in the course of their work.
Service
Workers
R
AF
T
Food
The District shall follow the guidance of the U.S. Department of Health and
Human Services concerning infectious and communicable diseases
transmitted through the handling of food, and special precautions required
for food services workers.
HIV/AIDS
Current medical information indicates that HIV can be transmitted by
sexual intercourse with an infected partner, by injection of infected blood
products, and by transmission from an infected mother to her child in utero
or during the birth process. None of the identified cases of HIV infection in
the United States are known to have been transmitted in a school setting or
through any other casual person-to-person contact. There is no evidence
that HIV is spread by sneezing, coughing, shaking hands, hugging, or sharing
toilets, food, water, or utensils. According to best medical knowledge and
judgments, the use of the "universal precautions" and other procedures that
implement this policy are sufficient to protect staff members and students
from transmission of HIV at school.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-10A-34 NMSA
29 U.S.C. 794 et seq. (Sec. 504 of the Rehabilitation Act)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
29 C.F.R. 1630 (ADA guidelines)
29 C.F.R. 1910.10 (OSHA Universal Precautions Standard)
CROSS REF.:
GBGC - Employee Assistance
JLCB - Immunizations of Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1431
GBGCA-E
©
EXHIBIT
EXHIBIT
WELLNESS
PROGRAMS
(Communicable Diseases)
Handling
Body
Fluids
in
Schools
R
AF
T
The following guidelines are meant to provide simple and effective
precautions against transmission of disease for all people potentially exposed
to the blood or body fluids of any person (student and/or school employee).
No distinction is made between body fluids from persons with a known
disease or those from persons without symptoms or with an undiagnosed
disease.
The body fluids of all people should be considered to contain potentially
infectious agents. The term body fluids includes blood, semen, drainage
from scrapes and cuts, feces, urine, vomit, respiratory secretions (such as
nasal discharge), and saliva.
 Whenever possible, avoid direct skin contact with body fluids.
Disposable gloves are recommended when direct hand contact with
body fluids is anticipated. If extensive contact is made with body fluids,
hands must be washed afterwards. Gloves used for this purpose
should be put in a plastic bag, secured, and disposed of daily.
 If direct skin contact does occur, hands and other affected skin areas of
all exposed people shall be routinely washed with soap and water.
D
 Proper handwashing requires the use of soap and water and vigorous
washing under a stream of running water for approximately ten (10)
seconds.
 Clothing and other nondisposable items that are soaked through with
body fluids should be rinsed and placed in plastic bags. If presoaking
is required to remove stains, rinse or soak the item in cold water prior
to bagging. Clothing should be sent home with the student for
washing, with appropriate directions to parents and teachers (see
laundry instructions below). Always wear gloves when handling items
that have come in contact with body fluids.
 Contaminated disposable items shall be handled with disposable gloves,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
put in a plastic bag, secured, and disposed of daily.
 Body fluid spills on hard surfaces (i.e., floors, countertops, books, etc.)
shall be disinfected with bleach (diluted to ten [10] parts water and one
[1] part bleach). Gloves shall always be worn during cleanup.
 Cleaning equipment:
R
AF
T
 Nondisposable cleaning equipment (such as dust pans, brooms,
and buckets) shall be disinfected by thoroughly rinsing in diluted
bleach (ten [10] parts water and one [1] part bleach). Mops shall
be soaked in the disinfectant after use and then rinsed with hot
water. The disinfectant solution shall be promptly disposed of
down a drain pipe.
 Disposable cleaning equipment (such as paper towels, the vacuum
bag, or sweepings) shall be placed in plastic bags, secured, and
disposed of daily. No special handling is required for vacuuming
equipment. Gloves shall always be used during cleanup.
 Laundry instructions:
D
 Clothing soaked with body fluids shall be washed separately from
other items. Presoaking may be required for heavily soiled
clothing. Otherwise, wash and dry as usual. If the material can
be bleached, add one-half (1/2) cup of household bleach to the
wash cycle. If the material is not colorfast, add one-half (1/2) cup
of all-fabric bleach to the wash cycle.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1500
GBGD
©
WORKERS'
COMPENSATION
R
AF
T
All employees shall be covered by workers' compensation insurance for any
accident while on assignment, including an accident on school property or
while on official business off school property. An employee must report any
such accident to the supervisor's office immediately, since a report on the
time of the accident, persons involved, and how it happened is required.
Adopted:
date of manual adoption
6.50.3.9 NMAC
6.50.14.9 NMAC
CROSS REF.:
EBBB - Accident Reports
GBGC - Employee Assistance
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1511
GBGD-R
©
REGULATION
REGULATION
WORKERS'
COMPENSATION
Any employee who has an accident, no matter how slight, while on duty shall
notify the supervisor immediately. Failure to follow this procedure could
result in the loss of workers' compensation benefits.
R
AF
T
After being notified by an employee, the supervisor shall complete and
submit the Report of Industrial Injury to the District office.
The Superintendent, upon receiving the supervisor's report, shall, within ten
(10) days after notification, submit the Report of Industrial Injury to the
insurance carrier.
Compensation
Claims
When a job-related injury/accident requires medical attention and absence
from the workplace, the following conditions shall apply:
 The physician will be responsible for reporting the circumstances of the
injury to the District, the Industrial Commission, and the District's
insurance carrier.
During the first seven (7) days of absence due to a job-related injury/accident, the employee w
If a job-related injury/accident results in more than seven (7) days absence, the insurance carr
D
 Employees retain the compensation received from Workers'
Compensation and do not use any of their accumulated sick leave for
the time they are absent from work and for which they have received
compensation. At this time the employee will be placed on leave without
pay. In order to continue current personal insurance benefits (health,
dental, etc.), it will be necessary for the employee to pay directly to the
School District the amount of his/her payroll deduction for insurance
premiums once he/she has been removed from the payroll to be placed
on Workers' Compensation leave of absence. The premium payment will
be due in the District offices on or before the first working day of each
month. The District will continue payment of the Board's portion of this
insurance premium while the employee is under contract.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1531
GBGD-E
©
EXHIBIT
EXHIBIT
WORKERS'
COMPENSATION
(Early Return to Work)
R
AF
T
Determining if a Job Offer can be
Made for Early Return from an
Illness or Injury
The District need only consider an early return when a job that can be
performed by the early return employee is available. Creation of a position
is not required.
When considering an early return assignment the District should:
 Analyze the job and determine its purpose and essential functions.
 Consult with the employee to determine the precise job limitations
imposed by the attending physician.
 Determine if the employee can perform the duties of the job.
 Analyze the risk of reinjury or deterioration of the employee's condition.
D
Adjustments in the job description for personal accommodations such as an
amenity or convenience that is not job related shall not be the responsibility
of the District. The District shall require that all aspects of the job
description be performed adequately.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1600
GBI
©
STAFF PARTICIPATION IN
POLITICAL ACTIVITIES
The Board recognizes the right of its employees, as citizens, to engage in
political activity. However, school time may not be used for political
purposes. Staff members who intend to engage in political activities shall be
guided by the following:
R
AF
T
 No employee shall engage in political activities upon property under the
jurisdiction of the Board, unless permission has been granted for that
purpose through the "Community Use of School Facilities" policy of the
Board.
 Campaigning and other election activities must be done in off-duty
hours, when not working in an official capacity for the District, and
without the participation of District employees or students acting in the
capacity of District or school representatives.
 Invitations to participate in election activities on a given campus,
except when extended by groups leasing or using school facilities, shall
be extended only when such invitations are extended to all candidates
for the office.
 The use of District equipment, supplies, materials, buildings, or other
resources to influence the outcome of any election is not permitted.
 Political circulars or petitions may not be posted or distributed in
school.
D
 The collection of campaign funds and/or the solicitation of campaign
workers is prohibited on school property.
 The use of students for writing or addressing material intended to
influence the outcome of any election, or the distribution of such
materials to or by students, is forbidden.
 Employees of the District may not use the authority of their position to
influence the vote or political activities of any subordinate employee.
District employees who hold elective or appointive office are not entitled to
time off from their school duties for reasons incident to such offices, except as
such time may qualify under the leave policies of the Board.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The discussion and study of politics and political issues, when such
discussion and study are appropriate to classroom studies, are not precluded
under the provisions of this policy.
This policy shall apply only when an employee is serving as an agent of or
working in an official capacity for the District.
Adopted:
date of manual adoption
22-14-14 NMSA
6.60.9.8 NMAC
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1650
GBJ
©
PERSONNEL
RECORDS
AND
FILES
Professional employees are required to supply the District office with current
and complete official transcripts of all college credits.
It is the duty and responsibility of each licensed employee to keep such
license current.
R
AF
T
The District will maintain a complete and current official personnel file for
each District employee. Employees will be advised of, and will be permitted
to review and comment on, all information of a derogatory nature to be placed
in their respective personnel files. The employee may prepare a written
reply to such information, and such reply, if any, will be appended to the
information in the file.
All documents within a personnel file are confidential, and the District may
create such subfiles within a personnel file as are appropriate to ensure
confidentiality and efficient use of the file. Access to personnel files will be
limited to authorized District officials and employees. Individual Board
members shall have access only when specifically authorized by the Board, as
evidenced by action of a quorum of the Board in a legal meeting properly
noticed. Employees may review their own files by making written requests
to the Superintendent. Confidential information obtained prior to an
employee's employment, such as recommendations, will not be available for
review by the employee.
5
D
It shall be the policy of the Board of Education and Administration of the
School District to protect the privacy of prospective employees to the extent
permitted by law. Accordingly, some personnel information retained by the
School District shall be considered confidential unless the New Mexico
Inspection of Public Records Act, N.M. Stat. Ann. § 14-2-1 et seq. (1978, as
amended), requires otherwise.
Confidential personnel information will not be released unless pursuant to a
federal, state or tribal court subpoena, a waiver properly executed by
employee or applicant allowing disclosure or a properly issued administrative
subpoena from a federal or state governmental agency or commission with
appropriate
jurisdiction. Other personnel information will be made
available pursuant to the Inspection of Public Records Act, as interpreted by
5 format the following inserted materials
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
the New Mexico courts.
The School District shall treat the following types of personnel information as
confidential:
A.
letters of reference concerning employment;
B.letters of memorandum, evaluation forms and disciplinary forms or letters that are matters
R
AF
T
C.medical and related information pertaining to illness, injury, disability to perform a job tas
(ADA), including drug or alcohol treatment records protected under 42 U.S.C.
§ 290dd-2(a); 42 U.S.C. § 290ee-3 and 42 C.F.R. § 2.1(a);
Dother types of personal information, such as military discharge or arrest records,
1.
which are solicited by the School District;
2.which are considered vital to the employment procedures, such as applicant screening and em
3.which was furnished after a promise to keep the information confidential; and
4.for which disclosure would not appear to serve any identifiable public interest.
The School District will treat these types of information as confidential to
protect the privacy of prospective employees and to encourage qualified
persons to apply for positions with assurance that the mere fact of their
application for another job need not become public information.
The Superintendent or designee shall be entitled to ask persons seeking
disclosure of personnel records to provide reasonable justification for such
disclosure.
D
Specific information contained in the record, may be considered public
information under the law and will be released in accordance with the
Inspection of Public Records Act, Confidential Materials Act and Board policy
and procedure relative to the disclosure of the District's public records.
Adopted:
date of manual adoption
LEGAL REF.: 14-2-1 NMSA et seq. (1978)
CROSS REF.:
DKA - Payroll Procedures/Schedules
KDB - Public's Right to Know/Freedom of Information
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1790
GBJC
©
EMPLOYMENT
RECOMMENDATION
6
When verification of employment inquiries are made by outside agencies, the
Superintendent is authorized to release the following limited general
information without the employee's consent:
Position held;
Dates of Employment;
Location of job site; and
Status of employment (full time/part-time/substitute).
R
AF
T
A.
B.
C.
D.
Board
Findings
The Board of Education finds as follows:
 That under current New Mexico law, an employer and individual
employees may be held liable for having provided incomplete or
misleading employment references or recommendations in regard to the
employer's current or former employees under certain circumstances;
That individual employees of the District who wish to provide employment references or r
employment reference or recommendation;
That under current law, an individual employee of the District who provides a recommendatio
D
That limitations and conditions are required to prevent employment references or recommend
Rules Regarding Employment
and Recommendations
References
In view of the foregoing, no employee of the District is authorized to issue a
written or oral employment reference or recommendation for a current or
former employee of the District except in compliance with the following:
 No employee may issue or provide an employment reference or
recommendation in his or her capacity as an employee of the District for
6 format the following
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
a current or former employee orally – all such references or
recommendations shall be in writing only.
No employee may issue or provide an employment reference or recommendation in his or her c
 Providing a copy of the proposed reference or recommendation to
the Superintendent for approval; and

Receiving the written authorization of the reference or recommendation provided.
R
AF
T
 An employee who wishes to provide an employment reference or
recommendation in his or her personal capacity only for a current or
former employee of the District, without the authorization or
endorsement of the District, shall observe the following limitations and
conditions:
employee
providing
such
personal
reference
or
 No
recommendation orally may do so during working hours, or while
on District premises, or through the use of a telephone or other
communications media owned by the District;
No employee providing such personal reference or recommendation in writing may do so du
authorization or agreement; and
An employee providing any such oral or written reference or recommendation shall specify in
Investigation
and
Record-Keeping
D
Upon receiving a copy of or a request for a proposed reference for a former
employee, the Superintendent shall make appropriate inquiries about the
former employee of building administrators at each building in which the
former employee worked while employed by the District and shall compile a
record of all information regarding the former employee's competency,
turpitude, and proper performance of duties. In approving the issuance of a
recommendation on behalf of the District, the Superintendent shall ensure
that the recommendation fairly reflects all relevant and reliable information
bearing upon the former employee's competency, turpitude, and proper
performance of duties.
The Superintendent shall keep and maintain copies of all proposed references
or recommendations, copies of information compiled as to each, and the
responses to each such proposed reference or recommendation.
Penalties
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Any violation of the provisions of this policy or any of its procedures by any
employee shall subject such employee to discipline, including termination or
discharge.
Adopted:
date of manual adoption
LEGAL REF.: 14-2-1 NMSA et seq. (1978)
KDB - Public's Right to Know/Freedom of Information
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-1800
GBK
©
STAFF
GRIEVANCES
R
AF
T
Effective communication between District employees, the administrative staff,
and the Board is essential for proper operation of the schools. The Board,
therefore, authorizes the Superintendent to establish a grievance procedure
for employees as the prescribed means of resolving grievances at the earliest
date and the lowest possible administrative level.
Such procedure shall provide for Board review of any grievance that cannot
be resolved at the administrative level. In such instances, the affected
individual may request that the Board review the situation. Such request
shall be in writing and shall contain the basis for the appeal, including the
act or acts out of which the grievance arose, identification of the Board
policies and/or administrative regulations involved, and the remedy sought.
Within five (5) working days following notification of the Superintendent's
decision, any written request for appeal shall be submitted to the
Superintendent for transmittal to the Board. The Board, at a time of its
choosing, shall review the grievance and issue a response within fifteen (15)
working days following such review.
Limitations:
procedure:
The following situations are not covered by the grievance
 The discretionary act(s) of professional judgment relating to the
evaluation of the work performance of any employee by the designated
evaluator(s).
D
A personnel decision made by the Superintendent including, but not limited to, a termination
regulation.
Situations in which the Superintendent and the Board are without authority to act or where t
Situations as to which a different procedure for remedy has been provided by the Board, or wh
The decision of the Board is final.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1811
GBK-R
©
REGULATION
REGULATION
STAFF
GRIEVANCES
Definitions
R
AF
T
A grievance is a complaint by a District employee alleging a violation or
misinterpretation, as to the employee, of any District policy or regulation that
directly and specifically governs the employee's terms and conditions of
employment.
A grievant shall be any employee of the District filing a grievance.
Terms and conditions of employment means the hours of employment, the
compensation therefor, including fringe benefits, and the employer's
personnel policies directly affecting the employee. In the case of professional
employees, the term does not include educational policies of the District. A
day is any day during which the District conducts business. The immediate
supervisor is the lowest-level administrator having line supervisory authority
over the grievant.
Informal
Level
D
Before filing a formal written grievance, the grievant must attempt to resolve
the matter by one (1) or more informal conferences with the immediate
supervisor. The first of these informal conferences must be conducted within
ten (10) days after the employee knew, or should have known, of the act or
omission giving rise to the grievance.
A second or any subsequent
conference must occur within five (5) days after the initial informal
conference, or any subsequent conference.
Formal
Level
Level I. Within fifteen (15) days after the employee knew, or should have
known, of the act or omission giving rise to the grievance, the grievant must
present the grievance in writing to the immediate supervisor.
The grievance shall be a clear, concise statement of the circumstances giving
rise to the grievance, a citation of the specific article, section, and paragraph
of the policy or regulation that directly and specifically governs the
employee's terms and conditions of employment that are alleged to have been
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
violated, the decision rendered at the informal conference, and the specific
remedy sought.
The immediate supervisor shall communicate a decision to the employee in
writing within five (5) days after receiving the grievance.
Within the above time limits either party may request a personal conference
to attempt to resolve the matter.
R
AF
T
Level II. In the event the grievant is not satisfied with the decision at
Level I, the decision may be appealed to the Superintendent within five (5)
days after receipt of the decision.
The appeal shall include a copy of the original grievance, the decision
rendered, and a clear, concise statement of the reasons for the appeal. The
Superintendent shall communicate a decision within five (5) days after
receiving the appeal. Either the grievant or the Superintendent may
request a personal conference within the above time limits.
Level III. If the grievant is not satisfied with the decision at Level II, the
grievant may, within five (5) days, submit an appeal in writing to the
Superintendent for consideration by the Board.
General provisions:
D
 Failure at any step of this procedure to appeal a grievance to the next
step within the specified time limits shall be deemed an acceptance of
the decision rendered at that step, and there shall be no further right of
appeal. Failure to file a grievance within fifteen (15) days after the
employee knew, or should have known, of the circumstances upon
which the grievance is based shall constitute a waiver of that grievance.
The filing or pendency of any grievance under the provisions of this
policy shall in no way operate to impede, delay, or interfere with the
jurisdiction of the Board or the Superintendent.
No person(s) shall suffer retaliation, recrimination, discrimination, harassment, or be otherwi
Whenever possible, a grievance conference or hearing, at any level, shall be scheduled during
A grievant requiring the attendance and testimony of other employees shall have the right to
at District expense.
 A separate file shall be maintained by the District for all grievances.
All documents produced during the processing of a grievance shall be
filed therein. All parties shall maintain confidentiality with regard to
the proceedings and the resolution of the grievance shall not be made
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
public unless agreed to by the grievant and the Superintendent, or
unless the grievant pursues the matter beyond this policy.
Nothing contained herein shall be construed to limit, in any way, the ability of the District an
A grievant may terminate the process at any level if he/she indicates, in writing, a desire to do
All grievances shall be filed and processed on grievance forms provided by the District and ma
The time limits at any level may be extended by mutual agreement between the grievant and
R
AF
T
The grievant may be represented by legal counsel or union representative, if applicable, in c
within a reasonable time before the conference or hearing. Failure to do so
may justify postponement of the conference or hearing or suspension of the
deadline while the Superintendent arranges for or consults with District legal
counsel.
D
 The grievance proceedings shall focus only on the issues raised by the
written grievance as filed and any related issues as the parties in
interest may agree to have considered.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1831
GBK-EA
©
EXHIBIT
EXHIBIT
STAFF
GRIEVANCES
LEVEL I
GRIEVANCE FORM A
FORMAL
GRIEVANCE
PRESENTATION
R
AF
T
To be completed by grievant within five (5) days after the last
informal conference but no later than fifteen (15) days after
the employee knew or should have known of the act or
omission giving rise to the grievance.
Grievant:
______________________________________________________________
Date
of
formal
___________________________________
grievance
presentation:
School:
_________________________________________________________________
Immediate
__________________________________________________
supervisor:
Assignment:
____________________________________________________________
D
Policy
or
regulation
__________________________
Statement
Action
of
alleged
to
grievance:
requested:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
have
been
violated:
____________________________________
D
R
AF
T
Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1832
GBK-EB
©
EXHIBIT
EXHIBIT
STAFF
GRIEVANCES
LEVEL I
GRIEVANCE FORM B
OF
IMMEDIATE
SUPERVISOR
R
AF
T
DECISION
To be completed by immediate supervisor
within five (5) days after formal filing.
Grievant:
______________________________________________________________
Date
of
formal
___________________________________
grievance
presentation:
School: _________________________________________________________________
Immediate
__________________________________________________
D
Decision of immediate
and reasons therefor:
supervisor:
supervisor
Date of decision _______________
- - - - - - - - - - - - - - - - - - - - - - -
_______________________________________
Signature of immediate supervisor
- - - -
- -
- -
- - -
- -
- -
-
Grievant's response [to be completed by the grievant within five (5) days after
the decision]:
 I accept the above decision of the immediate supervisor.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

____________________________________
Signature of grievant
D
R
AF
T
Date of response________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I he
G-1833
GBK-EC
©
EXHIBIT
EXHIBIT
STAFF
GRIEVANCES
LEVEL II
GRIEVANCE FORM C
TO
SUPERINTENDENT
R
AF
T
REFERRAL
To be completed by grievant within five (5)
days of immediate supervisor's response.
Grievant:
______________________________________________________________
Date of formal presentation: _____________________________________________
nonacceptance
relief sought:
of
D
Detail reasons for
decisions and any

grievance
The attached grievance is hereby referred to the Superintendent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
____________________________________
Signature of grievant
D
R
AF
T
Date of referral _______________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1834
GBK-ED
©
EXHIBIT
EXHIBIT
STAFF
GRIEVANCES
LEVEL II
GRIEVANCE FORM D
OF
SUPERINTENDENT
R
AF
T
DECISION
To be completed by the Superintendent within five (5)
days.
Grievant:
_______________________________________________________________
Date
of
formal
____________________________________
grievance
Date
appeal
received
__________________________________
Date
hearing
held
___________________________
by
by
Superintendent
presentation:
Superintendent:
(optional):
D
Decision of Superintendent
and reasons therefor:
____________________________ _________________________________________
Date of decision
Signature of Superintendent
_______________________________________________________________________
Grievant's response [to be completed by grievant within five (5) days after the
decision]:
 I accept the above decision of the Superintendent.
 I hereby appeal to the Board for a review of this grievance (Level III).
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
____________________________________
Signature of grievant
D
R
AF
T
Date of response________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1835
GBK-EE
©
EXHIBIT
EXHIBIT
STAFF
GRIEVANCES
LEVEL III (Final Action)
GRIEVANCE FORM E
BY
BOARD
R
AF
T
REVIEW
Grievant:
______________________________________________________________
Date of formal grievance receipt: _________________________________________

The attached grievance is hereby appealed to the Board for a review.
Detail reasons for nonacceptance of grievance
decision at Level II and any relief sought:
D
Date appeal received by Board ___________________________________________
BOARD RESPONSE:

The Board affirms the Superintendent's response.

The Board rejects the Superintendent's response.

The Board modifies the Superintendent's response as follows:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
[TO BE COMPLETED WITHIN FIFTEEN (15) DAYS OF REVIEW]
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-1900
GBP
©
PROHIBITED
PERSONNEL
PRACTICES
Whistleblower Retaliatory
Action Prohibited
R
AF
T
It is a prohibited personnel practice to take a retaliatory action against a
public employee for the following activities if, in good faith, the employee
believes that the action they have taken is based on an act or failure to act on
the part of the school district which constitutes unlawful or improper activity:
 communicating to a public body or third (3rd) party,
 providing information to, or testifying before a public body,
 objecting to or refusing to participate in an activity, policy or practice of
a public body.
Posting
Required
Every public employer shall keep posted in a conspicuous place on the public
employer's premises notices prepared by the employer that set forth the
provisions of the Whistleblower Protection Act.
Business Sales Prohibited
D
A public officer or employee shall not sell, coerce the sale of or be a party to a
transaction for goods, services, contraction or personal property directly or
indirectly through a personal or family business in which a substantial
interest is held to:
 an employee supervised by the public officer or employee. (If a
supervised employee initiates the sale or the public officer or employee,
in good faith, is not aware that the employee is under their supervision
the prohibition does not apply.)
 a person over whom the public officer or employee has regulatory
authority.
A public officer or employee shall not receive a commission or profit from a
transaction for goods, services, construction or personal property directly or
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
indirectly through a personal or family business in which a substantial
interest is held to a person over whom the public officer or employee has
regulatory authority.
A public officer or employee shall not accept an offer of employment or
contract for goods, services, construction or personal property or other things
of value from a person over whom the public officer or employee has
regulatory authority.
Contributions Prohibited
R
AF
T
A business providing financial services involving the investment of public
money or issuance of bonds for public projects shall not knowingly contribute
anything of value to a public officer or employee of the district who has
authority over investment or bonds nor shall such a public office or employee
accept any contribution of value from such business (this does not mean food
or refreshment valued at less than one hundred dollars ($100) consumed in a
day.)
Honoraria Prohibited
No public officer or employee may request or receive an honorarium (money
or thing of value worth over $100) for a speech or service rendered that
relates to the performance of public duties. Reasonable reimbursement for
meals, lodging or actual travel expenses are acceptable for making the speech
or rendering the service.
Adopted:
date of manual adoption
10-16-13 NMSA
10-16-13.3 NMSA
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Contracts for Purchases and Services
DJE - Bidding Purchasing Procedures
GBEAA - Staff Conflict of Interest
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-1931
GBP-E
©
EXHIBIT
EXHIBIT
PROHIBITED
PERSONNEL
PRACTICES
( Whistleblower Protection Act Summary)
R
AF
T
It is a prohibited personnel practice to take a retaliatory action against a
public employee for the following activities if, in good faith, the employee
believes that the action they have taken is based on an act or failure to act on
the part of the school district which constitutes unlawful or improper activity:
 communicating to a public body or third (3rd) party,
 providing information to, or testifying before a public body,
 objecting to or refusing to participate in an activity, policy or practice of
a public body.
Damages
A public employer that violates the provisions of the Whistleblower
Protection Act shall be liable to the public employee for actual damages,
reinstatement with the same seniority status that the employee would have
had but for the violation, two (2) times the amount of back pay with interest
on the back pay and compensation for any special damage sustained as a
result of the violation. In addition, an employer shall be required to pay the
litigation costs and reasonable attorney fees of the employee. An employee
may bring an action pursuant to this section in any court of competent
jurisdiction.
D
Affirmative Defense
It shall be an affirmative defense to a civil action brought pursuant to this
section that the action taken by a public employer against a public employee
was due to the employee's misconduct, the employee's poor job performance, a
reduction in work force or other legitimate business purpose unrelated to
conduct prohibited pursuant to the Whistleblower Protection Act and that
retaliatory action was not a motivating factor.
Remedies
The remedies provided for in the Whistleblower Protection Act are not
exclusive and shall be in addition to any other remedies provided for in any
other law or available under common law. Nothing in the Whistleblower
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Protection Act precludes civil actions or criminal sanctions for libel, slander
or other civil or criminal claims against a person who files a false claim under
that act.
Applicability
D
R
AF
T
The provisions of this act apply only to civil actions that occurred on or after
July 1, 2008 for damages resulting from retaliatory action filed within two (2)
years from the date on which the retaliatory action occurred.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1950
GBPD
DRUG
AND ALCOHOL TESTING
OF EMPLOYEES
(Other than Transportation Employees)
R
AF
T
Under this policy, any employee of the District (other than a transportation
employee) must submit to drug and alcohol testing if the employee's
supervisor has reason to believe that the employee's job performance has
been impaired by the use of alcohol or a drug.
In addition to the above, an employee shall voluntarily submit to drug and
alcohol testing:
 After being involved in an accident involving a school vehicle; or
After an accident involving equipment used in the performance of the employee's duties; and
When, based on knowledge of the events and circumstances of an accident, the supervisor has
supervisor.
The Superintendent shall develop procedures for drug and alcohol testing of
employees subject to the following:
 The District shall assume the costs of the drug and alcohol testing of
employees.
An employee who refuses to submit to drug and alcohol testing or whose test results are positi
D
An employee who is to be terminated as a result of test findings shall be granted an appeal, up
Adopted:
date of manual adoption
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation
Employees
GBEC - Drug-Free Workplace
GBECA - Nonmedical Use or Abuse of Drugs or Alcohol
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1961
GBPD-R
REGULATION
DRUG
REGULATION
AND ALCOHOL TESTING
OF EMPLOYEES
(Other than Transportation Employees)
R
AF
T
Substance use that impairs the job performance of an employee will be
considered proper cause for disciplinary action up to and including
termination, even for a first offense.
The following procedures shall be adhered to in enforcing the policy:
 Responsibility for enforcing these procedures shall be placed with, and
shall be considered incumbent on, the Superintendent.

Drug and alcohol testing shall be required as follows:
 Testing shall be required whenever an individual charged with
enforcing these procedures has reason to suspect that an
employee's job performance has been impaired by the use of
alcohol or a drug.
 When possible, the reason(s) shall be documented by an
affidavit signed by the person who observed the employee
and the employee's supervisor.
 Postaccident testing shall be required whenever the supervisor
has reason, based on knowledge of the events and circumstances
of the accident, to suspect that the employee's involvement in the
accident was influenced by the use of alcohol or a drug.
 When possible, reason(s) shall be documented by an
affidavit signed by the employee's supervisor.
D
 Procedure for testing:
 Facilities selected by the District shall provide the testing. A list
of authorized facilities shall be maintained by the District.

When reason exists to suspect that the use of alcohol or a drug
contributed to or influenced either an employee's impaired job performance or
an accident involving a vehicle used to transport students or equipment used
by the employee in such job performance, the employee shall immediately be
transported to an approved testing facility by a member of the staff
designated by the Superintendent.

Testing may include a preliminary examination by medical personnel.
Tests that will detect the use of alcohol or a drug will be administered. The
tests that may be administered to detect alcohol or a drug are breath analysis,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
R
AF
T
urinalysis, and blood analysis.

A positive test shall be reason to recommend termination.

Administrative leave is authorized until the test results are available.
The District shall pay the employee for the test day and the time off while
awaiting the results.

An employee who refuses to cooperate in such testing, or who tests
positive, shall be directed to take alternate transportation home or to a
destination where assistance is available. As a last resort, a transportation
staff member may be directed to transport the individual to an appropriate
destination using a District vehicle. If an employee insists on driving from
the premises, local law enforcement authorities shall be notified.

The District shall assume the costs of the drug and alcohol testing of
any employee.
 Appeal of test findings:
 The District, in cooperation with the testing facility, shall develop
a procedure for the employee to obtain a second laboratory opinion
on the test findings.

The employee shall be notified of the procedure for obtaining a second
laboratory opinion on the test findings.
 Penalties:
 Refusal to immediately take a test, or failure to cooperate fully as
requested during testing procedures, shall be considered an act of
insubordination and is cause for termination.
D

A staff member with the responsibility of enforcing these procedures
who has knowledge of a violation and does not act according to the District
policy and procedures shall have violated District policy, and such violation is
cause for termination.

An employee having a positive test indicating use of alcohol or a drug
under the above-described circumstances shall be recommended for
termination.
Nothing in this procedure shall in any way limit the authority of the District
to utilize information other than drug and alcohol testing in the discipline
and termination of employees for drug and alcohol use.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-1981
GBPD-E
EXHIBIT
EXHIBIT
DRUG
AND ALCOHOL TESTING
OF EMPLOYEES
(Other than Transportation Employees)
R
AF
T
I, _______________________________________________, do hereby swear and
affirm:
1. That I am presently an officer/employee of the __________________
School District;
2.
That I observed
_______________________________________________
(name of employee)
on __________________________________ at _____________ doing the following:
(day, date)
(time)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. Reason(s) exist that indicate that the above observed occurrence
was the result of the influence of alcohol and/or a drug, as evidenced by:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_________________________
(affiant signature)
D
_________________
(date)
_________________________
(supervisor signature)
Subscribed and sworn to before me this _____ day of
20_____.
______________,
My Commission Expires:
________________________
____________________________________
Notary Public
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2050
GCA
©
PROFESSIONAL
STAFF
POSITIONS
The District will attempt to activate a sufficient number of positions to
accomplish the District's goals and objectives.
R
AF
T
Before establishment of any new position, the Superintendent will present a
job description for the position that specifies the qualifications and the
performance responsibilities.
The Superintendent will maintain a comprehensive and up-to-date set of job
descriptions of all positions in the school system.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-14 NMSA
6.20.2.12 NMAC
6.60.9.8 NMAC
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
CCB - Line and Staff Relations
^G-2150
©
GCB
PROFESSIONAL STAFF
CONTRACTS
AND COMPENSATION
R
AF
T
All employment contracts between local school boards and certificated school
personnel and between governing authorities of state agencies and
certificated school instructors shall be in writing on forms approved by the
Secretary of Public Education. These forms shall contain and specify the
term of service, the salary to be paid, the method of payment, the causes for
termination of the contract and other provisions required by the regulations
of the Secretary of Public Education.
The Superintendent of Schools shall sign employment contracts for certified
and non-certified personnel.
All employment contracts between local school boards and certificated school
personnel and between governing authorities of state agencies and
certificated school instructors shall be for a period of one (1) school year
except:
 contracts for less than one (1) school year are permitted to fill personnel
vacancies which occur during the school year;
contracts for the remainder of a school year are permitted to staff programs when the availabi
contracts for less than one (1) school year are permitted to staff summer school programs and
contracts not to exceed three (3) years are permitted for administrators in public schools who
D
contracts not to exceed three (3) years are permitted at the discretion of the Local School Boar
Except as provided in Section 22-10A-22 NMSA 1978, a person employed by
contract pursuant to this section has no legitimate objective expectancy of
reemployment, and no contract entered into pursuant to this section shall be
construed as an implied promise of continued employment pursuant to a
subsequent contract.
Salaries in the District will be differentiated in relationship to duties and
responsibilities.
The Superintendent will provide recommendations on salaries and fringe
benefits to the Board each year.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
After receipt of the Superintendent's recommendations, the Board will
annually establish the salaries and benefits for all employees within the
budgetary constraints of the District.
Adopted:
date of manual adoption
22-10A-10 NMSA (1978)
22-10A-21 NMSA (1978)
22-10A-22 NMSA (1978)
6.66.2.8 NMAC
6.66.3.8 NMAC
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2200
GCBA
©
PROFESSIONAL STAFF
SALARY SYSTEMS
R
AF
T
Prior to the beginning of each school year, each superintendent shall file with
the department the school district salary system, which salary system shall
incorporate any salary increases or compensation measures specifically
mandated by the legislature.
Salaries for teachers and school
administrators shall be aligned with the licensure framework provided for in
the School Personnel Act [Chapter 22, Article 10A NMSA 1978].
A superintendent shall not reduce the school district salary system
established above without the prior written approval of the Secretary of
Education.
Other
Provisions
Any person who does not work the full term as set up by salary system shall
be paid on a prorated basis for the number of days to be worked for the
remainder of the school year, this shall include school days taught plus the
number of days required for orientation.
Adopted:
date of manual adoption
22-5-11 NMSA (1978)
22-5-14 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2400
GCBC
©
PROFESSIONAL STAFF
SUPPLEMENTARY PAY PLANS
(Extra-Duty Pay)
R
AF
T
The Superintendent will recommend to the Board an extra-duty pay system
for extra class activities each year for its review and action.
Any increment/supplemental duties assigned to an employee for which pay is
received may be modified or discontinued at any time by the District. An
employee who requests to relinquish a paid increment/supplemental duty
must do so with a written request and the subsequent approval of the
Superintendent. This policy does not create any continued contractual
obligation to any employee; employees shall hold no expectancy of continuing
employment in any assigned incremental/supplemental duty.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2450
GCBD
©
PROFESSIONAL STAFF
FRINGE BENEFITS
The Board will review professional staff fringe benefits each year during the
budget process and may modify the benefits to meet the best interest of the
District.
R
AF
T
Minimum standards of eligibility for fringe benefits will be determined by the
Board annually.
Adopted:
date of manual adoption
DKB - Salary Deductions
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2475
GCBDA
STAFF
HOUSING
(Teacherages)
Housing
Housing shall be defined as dwellings and grounds.
Privilege
R
AF
T
Housing
Employment and signing of a contract shall not guarantee employee housing.
Housing, as such, is provided as a privilege and can be denied or withdrawn
for misuse of such housing. Housing is for District employees, and a housing
contract must be signed prior to occupancy. Requests for housing or changes
in housing are to be submitted in writing to the designated teacherage
administrator. All factors being equal following vacancy announcement,
consideration of requests will be given on a first-received basis. A copy of
each approved request shall be on file with the teacherage administrator.
Deposit
D
Each housing tenant will be required to pay a three hundred dollar fifty
($350) housing deposit to the District once housing has been assigned. An
additional fifty dollar ($50) deposit will be required for tenants owning pets.
A separate receipt shall be provided for said deposit. The deposit shall be
maintained in the teacherage fund until the tenant vacates the housing unit.
At that time any damages/cleaning charges will be assessed against the
deposit. Deposits shall be returned to employees who leave their housing
units clean and free of damage.
Rent
Rent includes the housing unit only. Rent charges shall be set by the School
Board for each fiscal year, however, the Board shall notify tenants of
increases prior to the issuance of contracts for the ensuing year.
Method
of
Payment
for
Rent
Rent payment shall be made by payroll deduction.
Rent deduction shall be as follows: One-half (1/2) of a month's rent from
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
each biweekly payroll check to total the monthly payment.
The housing contract is separate from the employment contract.
Vacating
a
Housing
Unit
The tenant agrees to vacate the premises within ten (10) working days of
contract expiration or termination of employment unless other arrangements
have been made in advance in writing with the teacherage administrator.
Inspection
R
AF
T
Before a prospective tenant occupies a unit, the tenant and the teacherage
administrator or the teacherage administrator's designee shall inspect the
unit and note on a checklist the existing condition of the unit. The checklist
shall be signed by both the tenant and the teacherage administrator or the
teacherage administrator's designee.
The teacherage administrator or the teacherage administrator's designee
shall maintain the right to enter and inspect the premises of any school
housing unit upon forty-eight (48) hours notice to the occupant. Failure to
comply with reasonable notice shall subject the occupant to termination of
occupancy rights.
Parking
Occupants shall park in areas adjacent to the housing units or where parking
has otherwise been allotted. Vehicles cannot be parked where they interfere
with other tenants' parking. Vehicles are not to be parked in an area
designated as a yard.
Pets
D
All pets must be properly kept, either fenced in or on a leash. Owners of
pets shall be financially and legally responsible for damages caused by pets.
General
Upkeep
The tenants are responsible for watering and maintaining the lawn around
their apartments. Hoses, sprinklers, et cetera, must be purchased by the
tenants. Any modification to the housing, installation of storage sheds, or
installation of fences must be approved by the housing administrator.
General
Regulations
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The tenant shall comply with all applicable village, county, state, and federal
ordinances, laws, rules, and regulations in using the premises and must not
use the premises in any manner harmful to the health, safety, and welfare of
the neighborhood.
The tenant shall give the housing administrator ten (10) day advance notice
of intent to vacate. Failing said notification, the tenant will forfeit his
housing unless prior written approval has been obtained from the housing
administrator.
Housing
Assignment
R
AF
T
Housing will be assigned by the teacherage administrator. As housing
assignments are made, the assignments shall be granted to full-time school
personnel in the following order:
 Outside-of-District (nonresident ) staff members.

In-District (resident ) staff members.
Housing shall be assigned with consideration to the following:
 Length of time employed by the District; employees with the longest
service to the District shall have priority over new employees.
Any tenant desiring a change in housing assignment must direct a written
memo to the teacherage administrator requesting a transfer and stating the
reason for the desired transfer.
Each housing vacancy shall be posted at the District office immediately
following notification of the vacancy.
D
If a tenant needs repair work on his housing unit, the following procedure
must be followed:
 The tenant must obtain a work order form from the District office,
complete the work order, and present it to the teacherage
administrator.
Call in all emergency repairs to the teacherage administrator, then follow up with a written w
Contracts
and
Forms
The following contracts and forms shall be appended to and become part of
this policy:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Housing contract.

Housing inspection report.

Work order.
7Monthly
housing unit rates:
 Three-bedroom housing unit - Three hundred fifty dollars ($350).

Mobile home - Three hundred fifty dollars ($350).
date of manual adoption
D
R
AF
T
Adopted:
7 Can make yearly determined or set
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2491
GCBDA-EA
EXHIBIT
EXHIBIT
STAFF
HOUSING
(Teacherages Agreement)
R
AF
T
I, _________________________________________________, grant permission to
Elida Municipal Schools to deduct from my earnings the amount previously
agreed upon between the District and me, for rent, because of my occupancy
of a housing unit owned by the District.
I further agree that the deductions shall be made from my earnings as
follows: one (1) month's rent from each monthly check
This agreement shall remain in force until such time as I vacate the dwelling
owned by the District and notify the District in writing, or until such time as
the District notifies me in writing, for any reason, of termination of the
agreement.
____________________________________
Tenant's signature
____________________________________
Notary public
D
____________________________________
My commission expires
____________________________________
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2492
GCBDA-EB
EXHIBIT
EXHIBIT
STAFF
HOUSING
R
AF
T
(Housing Inspection Report Form)
House number: ________________________________________________________
Name of tenant: ________________________________________________________
Date of occupancy: _____________________________________________________
Date of vacating residence:
_____________________________________________
Please choose one of the ratings for each item listed below:
Ratings: (G) Good
(P) Poor
Interior
I. Kitchen
_____
Extinguishers ________________________
D
1. Floors
2.
3.
4.
5.
6.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
7.
8.
9.
10.
II.
_____
Comments: ___________________________
R
AF
T
1. Floors
D
III. Bedroom
1. Floors
1
Living ro
2
2.
3.
4.
5.
6.
7.
8.
9.
10.
3
_____ _____ _____
Comments: _______________
2.
3.
4.
5.
6.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
7.
8.
9.
10. Carpet/tile
_____ _____ _____
IV. Bathroom
D
R
AF
T
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
V.
Halls
1.
2.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
3.
4.
5.
6.
R
AF
T
7.
8.
Exterior
1. Fencing
_____
9. Light
_____
2.
Yard
_____ 10.
3.
Skirting
_____ 11.
4.
Steps
_____ 12.
5.
Faucet
_____ 13.
6.
Roof
_____ 14.
7.
Walls
_____ 15.
8. Porch
_____
D
Comments: ____________________________________________________________
________________________________________________________________________
________________________________________________________________________
Required
Signatures
____________________________________
Housing Inspector
Tenant's future mailing address:
_________________________________
____________________________________
_________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Employee/Tenant
_________________________________
_________________________________
D
R
AF
T
____________________________________
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
8G-2500
GCC
PROFESSIONAL / SUPPORT STAFF
LEAVES AND ABSENCES
R
AF
T
When it is necessary for an employee to be absent, the employee must notify
the supervisor or designee in advance (when reasonable) of the
probable duration of absence. Employees will provide notification to
the substitute notification system.
A.
Leave Requests During the Duty Day
1.
In all instances, the employee must receive prior approval from
their supervisor for leave taken during the duty day.
2.
Employees who need to schedule medical, professional, or
personal appointments Monday through Friday of any given workday
are asked to schedule those appointments outside their normal duty
hours to avoid being charged for leave.
3.
Employees who must schedule appointments during the duty
day will be charged for their absence in the appropriate leave category
in authorized increments of time (e.g., 1/2 day; or full day) in
accordance with the following guidelines:
D
8-Hour Employees
2 Hours
4 Hours
6 Hours
8 Hours
B.
Leave to be Charged
1/2 Day
1/2 Day
Full Day
Full Day
Parent-Teacher Conferences
Employees who attend annual parent-teacher conferences during the
designated days specified on the School District's Calendar will not be
charged leave if their absence does not exceed one (1) hour.
8 format
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
C.
Emergencies
1.
If an emergency occurs while the employee is on duty, the
employee must notify the supervisor of the circumstances and receive
prior approval before leaving the work site. An emergency is defined
as a condition or unexpected happening demanding immediate action
that is sudden, unforeseen, and urgent.
R
AF
T
2.
The supervisor may allow the employee to leave the work site
for a period not to exceed one (1) hour if the duty station can be
covered voluntarily by another employee. The decision to allow the
employee to leave the work site will be determined by the supervisor
on a case-by-case basis.
D.
If the time away from the work site does not exceed one (1) hour,
leave will not be charged to the employee. If the employee's time away
from the work site exceeds one (1) hour, or the supervisor must
arrange for a
substitute for the employee, leave will be charged at a minimum of one
half (½) day in the appropriate leave category.
An employee shall be deemed "absent without leave" when absent from work
because of:
 A reason that conforms to a policy currently in effect but the maximum
days provided for in that policy will be exceeded; or
 A reason that does not conform to any policy currently in effect; or
to
work
without
D
 Failure to report
Superintendent.
prior
notification
to
the
In no case shall an employee be compensated for time lost due to being absent
without leave.
An employee who is absent from work without prior approval is subject to
disciplinary action, as is one who was unable to obtain prior approval due to
unusual circumstances and such approval is denied upon the employee's
return.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
9G-2550
GCCA
PROFESSIONAL / SUPPORT
SICK LEAVE
STAFF
R
AF
T
Sick leave shall be defined as leave taken for personal illness of the employee;
serious illness in the immediate family; or death in the immediate family.
(The immediate family is defined as the employee and spouse, their children,
brothers, sisters, parents, and grandparents.) Use of sick leave is limited to
twelve (12) weeks of leave as outlined in the Family and Medical Leave Act
policy when leave is taken for a serious illness of brothers, sisters, parents
and grandparents related to the employee and spouse.
Employees contracted to work twenty (20) hours or more per week will earn
sick leave at the rate of one (1) sick leave day per contract month, granted at
the beginning of each contract year, cumulative without limit. Effective
July 1, 1994, the School District discontinued awarding matching sick leave
days to employees. Employees who have matching sick leave days remaining
in their account on July 1, 1994, will be allowed to utilize matching sick leave
days when they have exhausted their accumulated sick leave. Sick leave is
not property which may be sold or donated by the employee another
employee, except through a sick leave bank recognized by the Board of
Education.
The substitute rate will be deducted from the employee's daily rate of pay if
matching sick leave days are utilized. When an employee's absences exceed
their accumulated sick leave and matching sick leave, if applicable, the
maximum penalty to be assessed shall be at the employee's daily rate of pay
according to the number of days missed.
D
An employee who is diagnosed as having a communicable disease, illness, or
condition which poses a potential danger to students or others shall report
the condition to their supervisor. The employee may be placed on enforced
sick leave by the Superintendent or designee based upon the circumstances.
Enforced sick leave will be charged to the Employee's accrued sick leave.
An employee with three (3) consecutive days of sick leave must furnish a
medical doctor's excuse to the supervisor. Once sick leave is declared by an
employee, the employee cannot change their leave status to avoid providing a
medical doctor's excuse. Employees out on long-term sick leave beyond three
(3) days must communicate with their supervisor on a weekly basis and must
9 format
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
provide medical documentation to support the leave, if requested by the
supervisor.
Immediate supervisors will oversee absences to determine if a pattern of
absences or a frequency of absences is occurring. If an immediate supervisor
identifies a pattern of abuse, he/she shall consult with the employee. If the
pattern or frequency of absences continues, the immediate supervisor will
request a written statement from a licensed physician stating the reason for
the absence.
R
AF
T
An employee utilizing more than thirty (30) consecutive work days for illness
must submit to an independent medical examination by a physician selected
by and paid for by the District if requested to do so by the Superintendent or
designee. If the physicians' reports are conflicting, the Superintendent or
designee will request a medical examination to be conducted by another
physician and paid for by the District.
Any employee who can be shown to have willfully violated or misused the
District's sick leave policy or misrepresented any statement or condition will
be subject to discipline, which may include reprimand, suspension, and/or
dismissal.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-2600
GCCB
©
PROFESSIONAL / SUPPORT STAFF
PERSONAL / EMERGENCY /
RELIGIOUS LEAVE
R
AF
T
Two (2) days of sick leave may be used for personal leave during each fiscal
year. Personal leave is not cumulative and any unused personal leave will
remain in the employee's sick leave balance. No more than ten percent (10%)
of the staff or other groupings of employees may take personal leave at any
one time. Requests for personal leave must be received at least four (4)
working days prior to the first day of leave unless considered an emergency
by the approving administrator, and must be approved by the principal.
Requests shall be acted upon in order of receipt, and the availability of
substitutes, if necessary, may limit the number of requests granted at any
one (1) time.
Personal leave will not be granted during the following periods:
 On the day immediately preceding or following a holiday or vacation.
 During the first two (2) weeks of school or the last two (2) weeks of
school.
D
Exceptions may be granted by the Superintendent or designee on a
case-by-case basis. Written requests specifying the circumstances for
requesting personal leave must be submitted at least seven (7) work days
prior to the holiday or break. In emergency circumstances this time
requirement may be waived. The case-by-case determination will include
a review of the employee's leave history before or after a
designated holiday or break.
Victims
Domestic
Abuse
Leave
An employee will be allowed intermittent paid or unpaid leave time of up to
fourteen days in any calendar year for up to eight hours in one day for the
purpose of:
 Obtaining or attempting to obtain an order of protection or judicial
relief from domestic abuse;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Meet with law enforcement officials, consult with attorneys or district
attorneys' victim advocates or attend court proceedings related to
domestic abuse of the employee or the employees minor child.
The leave will be allowed in increments of one half (1/2) day of the normal
work day for the employee.
Such leave shall include any and all leave, compensatory time or any other
paid for time off available to the employee before the imposition of unpaid
leave time. The Superintendent may authorize up to fourteen (14) days of
leave for the victim abuse purposes indicated above.
R
AF
T
When the leave is taken an emergency notice must be given to the
Superintendent's office within twenty-four (24) hours of the type of leave
requested, Other policies on notice for absence may apply. Verification will
be required in the form of:
 A court order or other court evidence of the incident of domestic abuse;
 A written statement of appearance or schedule to appear as a victim or
on behalf of a minor child victim in a domestic abuse incident made by
an attorney, advocate or law enforcement official knowledgeable of the
appearance.
Confidentiality of any disclosed material and a position of non-retaliation for
use of such leave will be maintained by the district.
Emergency
Responder
Leave
D
An employee serving as a volunteer emergency responder in a declared
emergency of up to ten (10) regular business days by the State Governor or
President of the United States may not be terminated, demoted or
discriminated against in the terms and conditions of employment. The
employer may charge regular pay against the employee for the time the
employee is absent from employment due to service as an emergency
responder.
Adopted:
date of manual adoption
LEGAL REF.: 12-10C-1 et seq. - Voluntary Emergency Responder
Leave Act
50-4-2 et seq. - Domestic Abuse Act
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-2900
©
GCCC
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
R
AF
T
The District recognizes that on occasion extenuating circumstances arise that
may necessitate absence from duty that is not covered by other specific leave
provisions of the District. To address such situations, a leave of absence,
without pay, may be granted a member of the certificated or support staff for
not longer than one (1) year.
Leave of absence may be requested for, but not limited to, the following
purposes:
 For additional education that relates to the employee's primary
assignment. A plan of contemplated course work must be presented.
 To provide for an unpaid leave in a situation where the employee will be
absent from work because of (1) a reason that conforms to a policy
currently in effect but the maximum number of days provided for in
that policy will be exceeded, or (2) failure to report to work without
prior notification to the Superintendent.
 For a leave of absence that benefits or is in the best interest of the
District, as determined by the Board upon review of the application.
 For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
D
 Approved by the Superintendent if the leave period does not exceed
twelve (12) weeks; or
 Recommended by the Superintendent and approved by the Governing
Board if the leave period exceeds twelve (12) weeks.
A request for leave of absence shall not be denied by the District if the
employee is entitled to the leave under the Family and Medical Leave Act.
All other applications for leave of absence may be granted or denied by the
District, in its sole discretion.
Each request for such a leave of absence shall be in a written application
stating the purpose, starting date, and duration of the leave of absence, the
reasons for its necessity or desirability, and any other information the
applicant deems relevant to the request.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The leave of absence shall be only for the purpose and duration approved and
may not be extended without written approval by the District.
If the unpaid leave of absence is for a full school year, the employee must
notify the Superintendent in writing no later than April 1 whether he/she
intends to return to work at the start of the following school year. The
School District will not guarantee the employee’s return to the vacated
position and placement for the following school year will be at the discretion
of the School District. Failure to notify by this date will be treated as a
resignation from the School District.
R
AF
T
All rights of continuing status (certificated teachers only), retirement, salary
increments, and other benefits shall be restored at the level earned when the
leave was granted. All accrued sick, vacation, personal, and other paid leave
shall be applied to the leave period unless otherwise agreed to by the District
or prohibited by the Family and Medical Leave Act.
Family and Medical
Leave Act (FMLA)
The District shall fully comply with the Family and Medical Leave Act and
all interim and final regulations interpreting the FMLA issued by the U.S.
Department of Labor. Accordingly, all portions of this policy that pertain to
the FMLA shall be interpreted in a manner consistent with the FMLA and its
regulations. Subject to the conditions set forth herein, any eligible employee
of the District may take up to twelve (12) weeks of leave (FMLA leave)
measured backward for each employee from the first time such employee uses
leave under FMLA, without pay, for any one (1) or more of the following
reasons:
 Because of the birth of a child of the employee and in order to care for
such child.
D
 Because of the placement of a child with the employee for adoption or
foster care.
 In order to care for the spouse or a son, daughter, or parent of the
employee, if such person has a serious health condition.
 Because of a serious health condition that makes the employee unable
to perform the functions of the position of such employee.
 Because of any qualifying exigency (as the Secretary shall, by
regulation, determine) arising out of the fact that the spouse, or a son,
daughter, or parent of the employee is on active duty (or has been
notified of an impending call or order to active duty) in the Armed
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Forces in support of a contingency operation.
An eligible employee is one who has been employed by the District at least
twelve (12) months and who has completed at least one thousand two
hundred fifty (1,250) hours of service immediately prior to the time the
FMLA leave is to commence, and if there are at least fifty (50) employees of
the district within a seventy-five (75) mile radius.
R
AF
T
Serious health condition means an illness, injury, impairment, or physical
condition that involves inpatient care in a hospital, hospice, or residential
medical facility, or outpatient care with continuing medical treatment by a
licensed physician. Any employee who has been employed by the District at
least twelve (12) months and who has completed at least one thousand two
hundred fifty (1,250) hours of service immediately prior to the time the leave
is to commence shall be eligible for FMLA leave.
Special conditions applicable to FMLA. Entitlement to leave for the
birth of a child or the placement of a child for adoption or foster care ends at
the expiration of a twelve (12)-month period, beginning on the date of the
event. An eligible employee who is the spouse, son, daughter, parent, or
next of kin of a covered servicemember shall be entitled to a total of
twenty-six (26) workweeks of leave during a twelve (12)-month period to care
for the servicemember.
The leave described to care for a covered
servicemember shall only be available during a one (1) single twelve
(12)-month period.
D
A husband and wife working for the District may be limited to a total of
twelve (12) weeks of leave during each applicable twelve (12)-month period
for leave for the birth of a child or the placement of a child for adoption or
foster care and to care for an employee's parent with a serious health
condition. The aggregate number of workweeks of leave to which both the
husband and wife may be entitled under covered servicemember family leave
combined with leave as described in the previous sentence shall be limited to
twenty-six (26) workweeks during one (1) single twelve (12)-month period.
The District shall not require an employee to substitute accrued sick leave for
FMLA leave used by reason of a birth, adoption, or foster placement. An
employee shall substitute accrued vacation or personal leave for FMLA leave
used by reason of a birth, adoption, or foster placement, to the extent
available by policy, unless otherwise agreed to by the District. In any other
circumstance, an employee's accrued sick, vacation, personal, or other
applicable leave shall be substituted for FMLA leave, to the extent available
by policy, unless otherwise agreed to by the District.
Notice.
An employee must provide at least thirty (30) days notice before
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
the FMLA leave is to begin if the need for the leave is foreseeable based on an
expected birth, placement for adoption, or foster care, planned medical
treatment for a serious health condition, or military service leave of the
employee or family member. If thirty (30) days notice is not practicable,
notice must be given as soon as practicable. The notice shall be in the form
of a request for leave of absence as specified in this policy. The District may
deny FMLA leave to any eligible employee until such time as the employee
has provided the required notice.
R
AF
T
Certification. All FMLA leave shall be supported by medical certificate
provided by the employee's health provider in the form of the exhibit
accompanying this policy. In any instance where the FMLA leave must be
preceded by thirty (30) days notice, the medical certificate should accompany
the request for leave of absence. In any other instance, the medical
certificate should be provided within fifteen (15) days after the FMLA leave
commences.
Certification of active military duty or call to active duty in support of a
contingency operation for purpose of receiving family leave shall be required
under the same conditions as FMLA certification for leave indicated above.
The employee may be requested (at the District's expense) to provide
recertification of medical conditions in support of leave if the District feels
that the circumstances so warrant and notice is given. Recertification shall
not be required for intervals shorter than thirty (30) days.
Whenever a medical certification or recertification is required of an employee,
notice describing such requirement and providing the form of such
certification shall be provided to the employee. An employee shall not be
denied FMLA leave or other rights under the FMLA unless a notice required
by FMLA in such situation has first been provided to the employee.
D
In the case of continuation, recurrence, or onset of a serious health condition
to the employee, covered family of the employee (including a servicemember
being cared for by an employee) and the employee is unable to return to work,
certification issued by the health care provider of the entity with the serious
health condition shall be required to support the inability of the employee to
return to work.
Intermittent or reduced time (IRT) leave. FMLA leave may be taken
intermittently or on a reduced leave schedule under the following
circumstances:
 If medically necessary to care for a family member or for the employee's
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
own serious health condition;
 Because of any qualifying exigency the spouse, or a son, daughter, or
parent, of the employee is on active duty, or notified of an impending
call or order to active duty in support of a contingency operation; or
 If approved by the District.
The District may, for the term of the leave, transfer the employee to an
alternative position with equivalent pay and benefits.
R
AF
T
If the IRT leave is for an instructional employee (one whose principal
function is to instruct students in a class, small group, or as individuals), the
District can require the employee either to take leave for a period or periods
of a particular duration not greater than the duration of the planned
treatment or to transfer temporarily to an available alternative position with
equivalent pay and benefits that provides better accommodation of recurring
periods of leave, provided the leave is:
 Requested to care for a qualifying family member or as a result of the
employee's serious health condition preventing job performance;
 Foreseeable, based upon planned medical treatment; and
 For more than twenty percent (20%) of the working days in the leave
period.
The employee may be granted leave under these circumstances, subject to
reasonable efforts to schedule treatment so as not to unduly disrupt the
educational program.
D
Special end-of-semester circumstances for instructional employees.
Under each of the following conditions, leave for an instructional employee
may be required to continue to the end of the academic semester:
 Leave begins more than five (5) weeks before the end of the semester,
leave is for at least three (3) weeks, and return to employment would
occur during the last three (3) weeks of the semester.
 Leave other than for the employee's serious health condition begins
within the last five (5) weeks of the semester, leave is for greater than
two (2) weeks duration, and return to employment would occur during
the last two (2) weeks of the semester.
 Leave other than for the employee's serious health condition begins
ELIDA MUNICIPAL SCHOOL DISTRICT
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within the last three (3) weeks of the semester and leave exceeds five (5)
working days.
Employee notification.
shall be notified:
With each request for FMLA leave, the employee
 About FMLA by provision of the FMLA fact sheet (Exhibit EE).
 As appropriate concerning the expectations, obligations, and
consequences of taking FMLA leave per 29 C.F.R. 825.301 of FMLA.
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 That FMLA leave may be withheld until a requested notice is provided
or the time frame is met.
 That if leave is granted to an employee who is unable to perform the
work required, restoration may be denied until the employee has
complied with the request to provide medical certification of ability to
return to work.
The District will post notices in conspicuous places on the District premises
that provide a summary of FMLA and information on how to file a charge for
an FMLA violation.
Health care continuation. An employee taking FMLA leave shall be
entitled to have the health care plan in which the employee is participating
continue under the same terms and conditions applicable to actively working
employees. The District shall require the repayment of any health care
premiums paid by the District for continuing coverage during the period of
the FMLA leave if the employee fails to return to work after the FMLA leave
expires and the failure to return is not due to circumstances beyond the
employee's control.
D
Position restoration. Upon return from FMLA leave, an employee shall
be restored to the same position held before the FMLA leave commenced or to
an equivalent position with equivalent pay, benefits, and working conditions.
The District requires an employee to provide a medical certificate from a
health care provider that the employee is able to resume work before
returning from FMLA leave for a serious personal health condition. The
District may delay the return of an instructional employee from FMLA leave
at the end of a semester, in accordance with Section 825.602 of FMLA rules.
The District may deny restoration of position to any key employee (i.e., one
who is among the highest-paid ten percent [10%] of all employees of the
District), in accordance with Section 825.218 of FMLA rules.
Adopted:
date of manual adoption
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Family and Medical Leave Act of 1993
29 C.F.R. Part 825
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LEGAL REF.:
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EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
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Certification of Health Care Provider for
Employee's Serious Health Condition
(Family and Medical Leave Act)
Section I: For Completion by the Employer
Instructions to the Employer: The Family and Medical Leave Act (FMLA)
provides that an employer may require an employee seeking FMLA
protections because of a need for leave due to a serious health condition to
submit a medical certification issued by the employee’s health care provider.
Please complete Section I before giving this form to your employee. Your
response is voluntary. While you are not required to use this form, you may
not ask the employee to provide more information than allowed under the
FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally
maintain records and documents relating to medical certifications,
recertifications, or medical histories of employees created for FMLA purposes
as confidential medical records in separate files/records from the usual
personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the
Americans with Disabilities Act applies.
Employer name and contact:
Employee's job title:
Regular work schedule: ___________________
D
Employee's essential job functions:
Check if job description is attached: _______
Section II: For Completion by the Employee
Instructions to the Employee: Please complete Section II before giving
this form to your medical provider. The FMLA permits an employer to
require that you submit a timely, complete, and sufficient medical
certification to support a request for FMLA leave due to your own serious
health condition. If requested by your employer, your response is required to
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obtain or retain the benefit of FMLA protections. 29 U.S.C. §§ 2613,
2614(c)(3). Failure to provide a complete and sufficient medical certification
may result in a denial of your FMLA request. 20 C.F.R. § 825.313. Your
employer must give you at least 15 calendar days to return this form. 29
C.F.R. § 825.305(b).
Your name:
First
Middle
Last
Section III: For Completion by the Health Care Provider
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Instructions to the Health Care Provider: Your patient has requested
leave under the FMLA. Answer, fully and completely, all applicable parts.
Several questions seek a response as to the frequency or duration of a
condition, treatment, etc. Your answer should be your best estimate based
upon your medical knowledge, experience, and examination of the patient.
Be as specific as you can; terms such as “lifetime,” “unknown,” or
“indeterminate” may not be sufficient to determine FMLA coverage. Limit
your responses to the condition for which the employee is seeking leave.
Please be sure to sign the form on the last page.
Provider's name and business address:
Type of practice / Medical specialty:
Telephone:
Fax:
PART A: MEDICAL FACTS
1. Approximate date condition commenced: ___________________________________________
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Probable duration of condition:_______________________________________________________
Mark below as applicable:
Was the patient admitted for an overnight stay in a hospital, hospice, or
residential medical care facility?
___No ___Yes. If so, dates of admission:
Date(s) you treated the patient for condition:
Will the patient need to have treatment visits at least twice per year due to
the condition?
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___ No ___ Yes
Was medication, other than over-the-counter medication, prescribed?
___ No ___ Yes
Was the patient referred to other health care provider(s) for evaluation or
treatment (e.g., physical therapist)?
___ No ___ Yes
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If so, state the nature of such treatments and expected duration of treatment:
2. Is the medical condition pregnancy?
___ No ___ Yes If so, expected delivery date: ____________________
3. Use the information provided by the employer in Section I to answer this
question. If the employer fails to provide a list of the employee’s essential
functions or a job description, answer these questions based upon the
employee’s own description of his/her job functions. Is the employee unable to
perform any of his/her job functions due to the condition:
___ No ___ Yes
If so, identify the job functions the employee is unable to perform:
D
4. Describe other relevant medical facts, if any, related to the condition for
which the employee seeks leave (such medical facts may include symptoms,
diagnosis, or any regimen of continuing treatment such as the use of
specialized equipment):
PART B: AMOUNT OF LEAVE NEEDED
5. Will the employee be incapacitated for a single continuous period of time
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due to his/her medical condition, including any time for treatment and
recovery?
___ No ___ Yes
If so, estimate the beginning and ending dates for the period of incapacity:
_______________________
6. Will the employee need to attend follow-up treatment appointments or
work part-time or on a reduced schedule because of the employee’s medical
condition?
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___ No ___ Yes
If so, are the treatments or the reduced number of hours of work medically
necessary?
___ No ___ Yes
Estimate treatment schedule, if any, including the dates of any scheduled
appointments and the time required for each appointment, including any
recovery period:
Estimate the part-time or reduced work schedule the employee needs, if any:
____ hour(s) per day; _____ days per week from _____________ through
_____________
7. Will the condition cause episodic flare-ups periodically preventing the
employee from performing his/her job functions?
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___ No ___ Yes
Is it medically necessary for the employee to be absent from work during the
flare-ups?
___ No ___ Yes If so, explain:
Based upon the patient’s medical history and your knowledge of the medical
condition, estimate the frequency of flare-ups and the duration of related
incapacity that the patient may have over the next 6 months (e.g., 1 episode
every 3 months lasting 1-2 days):
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Frequency: _____ times per _____ week(s) _____ month(s)
Duration: _____ hours or ___ day(s) per episode
Idenfity question number with your additional
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Additional Information:
answer.
Signature of Health Care Provider
Date
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN
STATEMENT
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If submitted, it is mandatory for employers to retain a copy of this disclosure
in their records for three years. 29 U.S.C. § 2616; 29 C.F.R. § 825.500.
Persons are not required to respond to this collection of information unless it
displays a currently valid OMB control number. The Department of Labor
estimates that it will take an average of 20 minutes for respondents to
complete this collection of information, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information. If
you have any comments regarding this burden estimate or any other aspect
of this collection information, including suggestions for reducing this burden,
send them to the Administrator, Wage and Hour Division, U.S. Department
of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210.
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF
LABOR; RETURN TO THE PATIENT.
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EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
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EMPLOYER RESPONSE TO EMPLOYEE REQUEST
FOR FAMILY OR MEDICAL LEAVE
(Family and Medical Leave Act of 1993
Optional Use Form - See 29 C.F.R. § 825.301)
Date: ____________________________
To: __________________________________________________________________
(Employee's Name)
From: _______________________________________________________________
(Name
of
Appropriate
Employer
Representative)
Subject: REQUEST FOR FAMILY/MEDICAL LEAVE
On ___________________ , you notified us of your need to take family/medical
(Date)
leave due to:
 The birth of a child, or the placement of a child with you for adoption or
foster care; or
A serious health condition that makes you unable to perform the essential functions for your
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 A serious health condition affecting your  spouse,  child,  parent,
for which you are needed to provide care.
You notified us that you need this leave beginning on ____________________
(Date)
and that you expect leave to continue until on or about ___________________.
(Date)
Except as explained below, you have a right under the FMLA for up to 12
weeks of unpaid leave in a 12-month period for the reasons listed above.
Also, your health benefits must be maintained during any period of unpaid
leave under the same conditions as if you continued to work, and you must be
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reinstated to the same or an equivalent job with the same pay, benefits, and
terms and conditions of employment on your return from leave. If you do not
return to work following FMLA leave for a reason other than: (1) the
continuation, recurrence, or onset of a serious health condition which would
entitle you to FMLA leave; or (2) other circumstances beyond your control,
you may be required to reimburse us for our share of health insurance
premiums paid on your behalf during your FMLA leave.
This is to inform you that: (check appropriate boxes: explain where indicated)
You are  eligible  not eligible for leave under the FMLA.
2.
The requested leave  will  will not be counted against your annual
FMLA leave entitlement.
3.
You  will  will not be required to furnish medical certification of a
serious health condition. If required, you must furnish certification by
______________________ (insert date) (must be at least 15 days after you
are notified of this requirement), or we may delay the commencement of
your leave until the certification is submitted.
4.
You may elect to substitute accrued paid leave for unpaid FMLA leave.
We  will  will not require that you substitute accrued paid leave for
unpaid FMLA leave. If paid leave will be used, the following conditions
will apply: (Explain)
5.
(a) If you normally pay a portion of the premiums for your health
insurance, these payments will continue during the period of FMLA
leave. Arrangements for payment have been discussed with you,
and it is agreed that you will make premium payments as follows:
(Set forth dates, e.g., the 10th of each month, or pay periods, etc.,
that specifically cover the agreement with the employee.)
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1.
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(b) You have a minimum 30-day (or, indicate longer period, if applicable)
grace period in which to make premium payments. If payment is
not made timely, your group health insurance may be cancelled,
provided we notify you in writing at least 15 days before the date
that your health coverage will lapse, or, at our option, we may pay
your share of the premiums during FMLA leave, and recover these
payments from you upon your return to work. We  will  will not
pay your share of health insurance premiums while you are on leave.
return from leave you  will  will not be expected to reimburse us for the
payments made on your behalf.
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(c)
We
6.
You  will  will not be required to present a fitness-for-duty certificate
prior to being restored to employment. If such certification is required
but not received, your return to work may be delayed until certification is
provided.
7.
(a) You  are  are not a "key employee" as described in § 825.217 of
the FMLA regulations. If you are a "key employee:" restoration to
employment may be denied following FMLA leave on the grounds
that such restoration will cause substantial and grievous economic
injury to the District as discussed in § 825.218.
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(b) We  have  have not determined that restoring you to employment
at the conclusion of FMLA leave will cause substantial and grievous
economic harm to us. ([a] and/or [b] may be explained if requested.
See §825.219 of the FMLA regulations.)
8.
While on leave, you  will  will not be required to furnish us with
periodic reports every ____________________ (indicate interval of periodic
reports, as appropriate for the particular leave situation) of your status
and intent to return to work (see § 825.309 of the FMLA regulations). If
the circumstances of your leave change and you are able to return to
work earlier than the date indicated on the reverse side of this form, you
 will  will not be required to notify us at least two work days prior to
the date you intend to report to work.
9You  will  will not be required to furnish recertification relating to a serious health condit
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This optional use form may be used to satisfy mandatory employer
requirements to provide employees taking FMLA leave with written notice
detailing specific expectations and obligations of the employee and explaining
any consequences of a failure to meet these obligations. (29 C.F.R.
825.301(b).)
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EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
YOUR RIGHTS UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
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The Family and Medical Leave Act of 1993 (FMLA) requires covered
employers to provide up to twelve (12) weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. Employees are
eligible if they have worked for their employer for at least one (1) year, and
for one thousand two hundred fifty (1,250) hours over the previous twelve (12)
months, and if there are at least fifty (50) employees within seventy-five (75)
miles. The FMLA permits employees to take leave on an intermittent basis
or to work a reduced schedule under certain circumstances.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
 To care for the employee's child after birth, or placement for adoption or
foster care;
To care for the employee's spouse, son or daughter, or parent who has a serious health conditi
For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be
substituted for unpaid leave .
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Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical
certification. Taking of leave may be denied if requirements are not met.
 The employee ordinarily must provide thirty (30) days advance notice
when the leave is "foreseeable."
An employer may require medical certification to support a request for leave because of a serio
Job Benefits and Protection :
 For the duration of FMLA leave, the employer must maintain the
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employee's health coverage under any "group health plan."
Upon return from FMLA leave, most employees must be restored to their original or equivalen
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
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 interfere with, restrain, or deny the exercise of any right provided
under FMLA.
discharge or discriminate against any person for opposing any practice made unlawful by FML
Enforcement :
 The U.S. Department of Labor is authorized to investigate and resolve
complaints of violations.

An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination, or
supersede any state or local law or collective bargaining agreement which
provides greater family or medical leave rights.
For Additional Information
D
If you have access to the Internet visit the FMLA website:
http://www.dol.gov/esa/whd/fmla. To locate your nearest Wage-Hour Office,
telephone the Wage-Hour toll-free information and help line at
1-866-4USWAGE (1-866-487-9243): a customer service representative is
available to assist you with referral information from 8am to 5pm in your
time zone; or log onto the following at http://www.wagehour.dol.gov.
A Spanish translation of this form may be downloaded
a t http://www.dol.gov/esa/whd/fmla/
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EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
MILITARY FAMILY LEAVE
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On January 28, President Bush signed into law the National Defense
Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of
the NDAA amended the Family and Medical Leave Act of 1993 (FMLA) to
provide eligible employees working for covered employers two (2) important
new leave rights related to military service :
(1) New Qualifying Reason for Leave . Eligible employees are
entitled to up to twelve (12) weeks of leave because of "any qualifying
exigency" arising out of the fact that the spouse, son, daughter, or
parent of the employee is on active duty, or has been notified of an
impending call to active duty status, in support of a contingency
operation. By the terms of the statute, this provision requires the
Secretary of Labor to issue regulations defining "any qualifying
exigency." In the interim, employers are encouraged to provide this
type of leave to qualifying employees.
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(2)New Leave Entitlement . An eligible employee who is the spouse, son, daughter, parent
single twelve (12)-month period to care for the servicemember. This
provision became effective immediately upon enactment. This military
caregiver leave is available during "a single twelve (12)-month period" during
which an eligible employee is entitled to a combined total of twenty-six (26)
weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the
FMLA with the new statutory language incorporated are available on the
FMLA
amendments
Web
site
at
http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.
A Spanish translation of this form may be downloaded
a t http://www.dol.gov/esa/whd/fmla/
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EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
FACT SHEET NO. 28:
THE FAMILY AND MEDICAL LEAVE ACT OF 1993
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The U.S. Department of Labor's Employment Standards Administration,
Wage and Hour Division, administers and enforces the Family and Medical
Leave Act (FMLA) for all private, state and local government employees, and
some federal employees. Most federal and certain congressional employees
are also covered by the law and are subject to the jurisdiction of the U.S.
Office of Personnel Management or the Congress.
The FMLA became effective on August 5, 1993 for most employers and
entitles eligible employees to take up to twelve (12) weeks of unpaid,
job-protected leave in a twelve (12)-month period for specified family and
medical reasons. Amendments to the FMLA by the National Defense
Authorization Act for FY 2008 (NDAA). Public Law 110-181, expanded the
FMLA to allow eligible employees to take up to twelve (12) weeks of
job-protected leave in the applicable twelve (12)-month period for any
"qualifying exigency" arising out of the fact that a covered military member is
on active duty, or has been notified of an impending call or order to active
duty, in support of a contingency operation. The NDAA also amended the
FMLA to allow eligible employees to take up to twenty-six (26) weeks of
job-protected leave in a "single twelve (12)-month period" to care for a covered
servicemember with a serious injury or illness.
Coverage
D
Employer
FMLA applies to all public agencies, including state, local and federal
employers, local education agencies (schools), and private-sector employers
who employed fifty (50) or more employees in twenty (20) or more workweeks
in the current or preceding calendar year, including joint employers and
successors of covered employers.
Employee
Eligibility
To be eligible for FMLA benefits, an employee must:
 work for a covered employer;
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
have worked for the employer for a total of twelve (12) months;
have worked at least one thousand two hundred fifty (1,250) hours over the previous twelve (1
work at a location in the United States or in any territory or possession of the United States w
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While the twelve (12) months of employment need not be consecutive,
employment periods prior to a break in service of seven (7) years or more
need not be counted unless the break is occasioned by the employee's
fulfillment of his or her National Guard or Reserve military obligation (as
protected under the Uniformed Services Employment and Reemployment
Rights Act (USERRA)), or a written agreement, including a collective
bargaining agreement, exists concerning the employer's intention to rehire
the employee after the break in service. See, special rules for returning
reservists under USERRA.
Leave
Entitlement
A covered employer must grant an eligible employee up to a total of twelve
(12) workweeks of unpaid leave during any twelve (12)-month period for one
(1) or more of the following reasons:
 For the birth and care of a newborn child of the employee;
 For placement with the employee of a son or daughter for adoption or foster care;

To care for a spouse, son, daughter, or parent with a serious health condition;
To take medical leave when the employee is unable to work because of a serious health conditi
For qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or p
D
A covered employer also must grant an eligible employee who is a spouse,
son, daughter, parent, or next of kin of a current member of the Armed
Forces, including a member of the National Guard or Reserves, with a serious
injury or illness up to a total of twenty-six (26) workweeks of unpaid leave
during a "single twelve (12)-month period" to care for the servicemember.
Spouses employed by the same employer are limited in the amount of family
leave they may take for the birth and care of a newborn child, placement of a
child for adoption or foster care, or to care for a parent who has a serious
health condition to a combined total of twelve (12) weeks (or twenty-six [26]
weeks if leave to care for a covered servicemember with a serious injury or
illness is also used). Leave for birth and care, or placement for adoption or
foster care, must conclude within twelve (12) months of the birth or
placement.
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Under some circumstances, employees may take FMLA leave intermittently taking leave in separate blocks of time for a single qualifying reason - or on a
reduced leave schedule - reducing the employee's usual weekly or daily work
schedule.
When leave is needed for planned medical treatment, the
employee must make a reasonable effort to schedule treatment so as not to
unduly disrupt the employer's operation. If FMLA leave is for birth and care,
or placement for adoption or foster care, use of intermittent leave is subject to
the employer's approval.
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Under certain conditions, employees or employers may choose to "substitute"
(run concurrently) accrued paid leave (such as sick or vacation leave) to cover
some or all of the FMLA leave. An employee's ability to substitute accrued
paid leave is determined by the terms and conditions of the employer's
normal leave policy.
"Serious health condition" means an illness, injury, impairment, or physical
or mental condition that involves either:
 Inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical-care facility, including any period of incapacity (i.e.,
inability to work, attend school, or perform other regular daily activities)
or subsequent treatment in connection with such inpatient care; or
 Continuing treatment by a health care provider, which includes:
 A period of incapacity lasting more than three (3) consecutive, full
calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also includes:

treatment two (2) or more times by or under the
supervision of a health care provider (i.e., in-person visits,
the first within seven (7) days and both within thirty (30)
days of the first day of incapacity); or
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one (1) treatment by a health care provider (i.e., an in-person visit within seven (7) days of the
 Any period of incapacity related to pregnancy or for prenatal care.
A visit to the health care provider is not necessary for each
absence; or
Any period of incapacity or treatment for a chronic serious health condition which continues o
not necessary for each absence; or
A period of incapacity that is permanent or long-term due to a condition for which treatment m
 Any absences to receive multiple treatments for restorative
surgery or for a condition that would likely result in a period of
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incapacity of more than three (3) days if not treated.
Maintenance
of
Health
Benefits
A covered employer is required to maintain group health insurance coverage
for an employee on FMLA leave whenever such insurance was provided
before the leave was taken and on the same terms as if the employee had
continued to work. If applicable, arrangements will need to be made for
employees to pay their share of health insurance premiums while on leave.
In some instances, the employer may recover premiums it paid to maintain
health coverage for an employee who fails to return to work from FMLA
leave.
Restoration
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Job
Upon return from FMLA leave, an employee must be restored to the
employee's original job, or to an equivalent job with equivalent pay, benefits,
and other terms and conditions of employment. An employee's use of FMLA
leave cannot result in the loss of any employment benefit that the employee
earned or was entitled to before using FMLA leave, nor be counted against
the employee under a "no fault" attendance policy. If a bonus or other
payment, however, is based on the achievement of a specified goal such as
hours worked, products sold, or perfect attendance, and the employee has not
met the goal due to FMLA leave, payment may be denied unless it is paid to
an employee on equivalent leave status for a reason that does not qualify as
FMLA leave.
An employee has no greater right to restoration or to other benefits and
conditions of employment than if the employee had been continuously
employed.
Notice
and
Certification
Employee Notice
D
Employees seeking to use FMLA leave are required to provide thirty (30)-day
advance notice of the need to take FMLA leave when the need is foreseeable
and such notice is practicable. If leave is foreseeable less than thirty (30)
days in advance, the employee must provide notice as soon as practicable generally, either the same or next business day. When the need for leave is
not foreseeable, the employee must provide notice to the employer as soon as
practicable under the facts and circumstances of the particular case. Absent
unusual circumstances, employees must comply with the employer's usual
and customary notice and procedural requirements for requesting leave.
Employees must provide sufficient information for an employer reasonably to
determine whether the FMLA may apply to the leave request. Depending on
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the situation, such information may include that the employee is
incapacitated due to pregnancy, has been hospitalized overnight, is unable to
perform the functions of the job, and/or that the employee or employee's
qualifying family member is under the continuing care of a health care
provider.
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When an employee seeks leave for a FMLA-qualifying reason for the first
time, the employee need not expressly assert FMLA rights or even mention
the FMLA.
When an employee seeks leave, however, due to a
FMLA-qualifying reason for which the employer has previously provided the
employee FMLA-protected leave, the employee must specifically reference
either the qualifying reason for leave or the need for FMLA leave.
Employer Notice
Covered employers must post a notice approved by the Secretary of Labor
explaining rights and responsibilities under FMLA. An employer that
willfully violates this posting requirement may be subject to a fine of up to
one hundred ten dollars ($110) for each separate offense. Additionally,
employers must either include this general notice in employee handbooks or
other written guidance to employees concerning benefits, or must distribute a
copy of the notice to each new employee upon hiring.
When an employee requests FMLA leave or the employer acquires knowledge
that leave may be for a FMLA purpose, the employer must notify the
employee of his or her eligibility to take leave, and inform the employee of
his/her rights and responsibilities under FMLA. When the employer has
enough information to determine that leave is being taken for a
FMLA-qualifying reason, the employer must notify the employee that the
leave is designated and will be counted as FMLA leave.
Certification
D
Employers may require that an employee's request for leave due to a serious
health condition affecting the employee or a covered family member be
supported by a certification from a health care provider. An employer may
require second or third medical opinions (at the employer's expense) and
periodic recertification of a serious health condition. An employer may use a
health care provider, a human resource professional, a leave administrator,
or a management official - but not the employee's direct supervisor - to
authenticate or clarify a medical certification of a serious health condition.
An employer may have a uniformly-applied policy requiring employees
returning from leave for their own serious health condition to submit a
certification that they are able to resume work. If reasonable safety
concerns exist, an employer may, under certain circumstances, require such a
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
certification for employees returning from intermittent FMLA leave.
Unlawful
Acts
It is unlawful for any employer to interfere with, restrain, or deny the
exercise of any right provided by FMLA. It is also unlawful for an employer
to discharge or discriminate against any individual for opposing any practice,
or because of involvement in any proceeding, related to FMLA.
Enforcement
R
AF
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The Wage and Hour Division investigates complaints. If violations cannot
be satisfactorily resolved, the U.S. Department of Labor may bring action in
court to compel compliance. Individuals may also be able to bring a private
civil action against an employer for violations.
Other
Provisions
Special rules apply to employees of local education agencies. Generally,
these rules apply to intermittent leave or when leave is required near the end
of a school term.
Salaried executive, administrative, and professional employees of covered
employers who meet the Fair Labor Standards Act (FLSA) criteria for
exemption from minimum wage and overtime under Regulations, 29 C.F.R.
Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA
leave. This special exception to the "salary basis" requirements for FLSA's
exemption extends only to an "eligible" employee's use of leave required by
FMLA.
D
For additional information, visit the Wage and Hour Division Website:
http://www.wagehour.dol.gov and/or call the toll-free information and
helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE
(1-866-487-9243) .
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-2936
©
GCCC-EF
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
R
AF
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Certification of Health Care Provider for
Family Member's Serious Health Condition
(Family and Medical Leave Act)
Section I: For Completion by the Employer
Instructions to the Employer: The Family and Medical Leave Act (FMLA)
provides that an employer may require an employee seeking FMLA
protections because of a need for leave due to a serious health condition to
submit a medical certification issued by the employee’s health care provider.
Please complete Section I before giving this form to your employee. Your
response is voluntary. While you are not required to use this form, you may
not ask the employee to provide more information than allowed under the
FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally
maintain records and documents relating to medical certifications,
recertifications, or medical histories of employees created for FMLA purposes
as confidential medical records in separate files/records from the usual
personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the
Americans with Disabilities Act applies.
Employer name and contact:
D
Section II: For Completion by the Employee
Instructions to the Employee: Please complete Section II before giving
this form to your medical provider. The FMLA permits an employer to
require that you submit a timely, complete, and sufficient medical
certification to support a request for FMLA leave due to your own serious
health condition. If requested by your employer, your response is required to
obtain or retain the benefit of FMLA protections. 29 U.S.C. §§ 2613,
2614(c)(3). Failure to provide a complete and sufficient medical certification
may result in a denial of your FMLA request. 20 C.F.R. § 825.313. Your
employer must give you at least 15 calendar days to return this form. 29
C.F.R. § 825.305(b).
Your name:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
First
Middle
Last
Name of family member for whom you will provide care:
Last
First
Middle
Relationship of family member to you:
R
AF
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If family member is your son or daughter, date of birth:
Describe care you will provide to your family member and estimate leave
needed to provide care:
Employee Signature
Date
Section III: For Completion by the Health Care Provider
D
Instructions to the Health Care Provider: Your patient has requested
leave under the FMLA. Answer, fully and completely, all applicable parts.
Several questions seek a response as to the frequency or duration of a
condition, treatment, etc. Your answer should be your best estimate based
upon your medical knowledge, experience, and examination of the patient.
Be as specific as you can; terms such as “lifetime,” “unknown,” or
“indeterminate” may not be sufficient to determine FMLA coverage. Limit
your responses to the condition for which the employee is seeking leave.
Please be sure to sign the form on the last page.
Provider's name and business address:
Type of practice / Medical specialty:
Telephone:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Fax:
PART A: MEDICAL FACTS
1. Approximate date condition commenced: ___________________________________________
Probable duration of condition:_______________________________________________________
Mark below as applicable:
R
AF
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Was the patient admitted for an overnight stay in a hospital, hospice, or
residential medical care facility?
___No ___Yes. If so, dates of admission:
Date(s) you treated the patient for condition:
Will the patient need to have treatment visits at least twice per year due to
the condition?
___ No ___ Yes
Was medication, other than over-the-counter medication, prescribed?
___ No ___ Yes
Was the patient referred to other health care provider(s) for evaluation or
treatment (e.g., physical therapist)?
___ No ___ Yes
If so, state the nature of such treatments and expected duration of treatment:
D
2. Is the medical condition pregnancy?
___ No ___ Yes If so, expected delivery date: ____________________
3. Describe other relevant medical facts, if any, related to the condition for
which the employee seeks leave (such medical facts may include symptoms,
diagnosis, or any regimen of continuing treatment such as the use of
specialized equipment):
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
PART B: AMOUNT OF CARE NEEDED : When answering these questions,
keep in mind that your patient’s need for care by the employee seeking leave
may include assistance with basic medical, hygienic, nutritional, safety or
transportation needs, or the provision of physical or psychological care:
R
AF
T
4. Will the patient be incapacitated for a single continuous period of time,
including any time for treatment and recovery?
___ No ___ Yes
If so, estimate the beginning and ending dates for the period of incapacity:
During this time, will the patient need care?
___ No ___ Yes
Explain the care needed by the patient and why such care is medically
necessary:
D
5. Will the patient require follow-up treatments, including any time for
recovery?
___ No ___ Yes
Estimate treatment schedule, if any, including the dates of any scheduled
appointments and the time required for each appointment, including any
recovery period:
Explain the care needed by the patient, and why such care is medically
necessary:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
6. Will the patient require care on an intermittent or reduced schedule basis,
including any time for recovery?
___ No ___ Yes
Estimate the hours the patient needs care on an intermittent basis, if any:
____ hour(s) per day; _____ days per week from _____________ through
_____________
R
AF
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Explain the care needed by the patient and why such care is medically
necessary:
7. Will the condition cause episodic flare-ups periodically preventing the
patient from participating in normal daily activities?
___ No ___ Yes
Based upon the patient’s medical history and your knowledge of the medical
condition, estimate the frequency of flare-ups and the duration of related
incapacity that the patient may have over the next 6 months (e.g., 1 episode
every 3 months lasting 1-2 days):
D
Frequency: _____ times per _____ week(s) _____ month(s)
Duration: _____ hours or ___ day(s) per episode
Does the patient need care during these flare-ups?
___ No ___ Yes
Explain the care needed by the patient and why such care is medically
necessary:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Identify question number with your additional
R
AF
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Additional Information:
answer.
Signature of Health Care Provider
Date
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN
STATEMENT
D
If submitted, it is mandatory for employers to retain a copy of this disclosure
in their records for three years. 29 U.S.C. § 2616; 29 C.F.R. § 825.500.
Persons are not required to respond to this collection of information unless it
displays a currently valid OMB control number. The Department of Labor
estimates that it will take an average of 20 minutes for respondents to
complete this collection of information, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information. If
you have any comments regarding this burden estimate or any other aspect
of this collection information, including suggestions for reducing this burden,
send them to the Administrator, Wage and Hour Division, U.S. Department
of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210.
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF
LABOR; RETURN TO THE PATIENT.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-2950
©
GCCD
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
R
AF
T
The Board recognizes the fact that its employees have citizenship
responsibilities. In order to make it possible for said employees to carry out
their responsibilities to the city, county, state, or nation, the Board will grant
leaves, in addition to jury duty, or when an employee is called to military
services or to attend training for the Military Reserve or National Guard.
Any employee whose work day begins more than two (2) hours after the time
of opening the polls or ends more than three (3) hours prior to the end of
closing the polls will not be allowed time off to vote. If the above conditions
do not apply, the employee will be allowed time to vote as long as the time to
vote does not interfere with the instructional program.
When an employee receives notice that requires leave as delineated above, it
is the responsibility of the employee to notify the Superintendent or principal.
Legislative Leave
An employee elected as a state representative or senator will be granted
personal leave for the number of days constituting the legislative session.
Salary deductions for legislative leave will be at the rate of the substitute's
salary. Any additional days requested and approved will be at the rate of one
day's salary based on total contractual days.
Subpoena
D
The District shall not discharge, discipline, or otherwise penalize an
employee because the employee complies with a valid subpoena to appear in a
civil, criminal, legislative, or administrative proceeding. The leave will be
charged to the District if the subpoena is related to school business or upon
the District’s request. It will be without pay or charged to personal business
otherwise.
Jury
Duty
It is recognized by the Board that no employee is exempt from jury duty and
that leaves of absence for such duty must be granted.
Only the regular salary may be received by an employee on jury duty except
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
that mileage paid for jury duty is the property of the employee
 An employee excused from jury duty after being summoned shall
report for regular duty as soon as possible. Failure to report for
duty will result in a deduction equal to that portion of a contract
day missed.
The supervisor may request any employee to provide a sealed notice verifying
his/her attendance for jury duty. The notification is easily obtained from the
court clerk upon request; however, it will only be sealed at the end of the day.
Leave
R
AF
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Military
 An employee who is a member of the army or air national guard or
army, air force, navy, marine or coast guard reserves shall be given not
to exceed fifteen working days' military leave with pay per federal fiscal
year when they are ordered to duty for training, such leave to be in
addition to other leave or vacation time with pay to which such
employees are otherwise entitled.
 An employee who is a member of the uniformed service may use any
vacation leave or other accumulated paid time off during their service,
or may take unpaid leave of absence.
 The District must reemploy uniformed service members, as defined in
38 U.S.C. 4303, returning from a period of service, if the service
member:
 Was employed by the District.
D
 Gave the District notice that he or she was leaving the job for
service in the uniformed services, unless giving notice was
precluded by military necessity or otherwise impossible or
unreasonable.
 Has a cumulative period of service in the uniformed services not
exceeding five (5) years.
 Was not released from service under dishonorable or other
punitive conditions.
 Has reported back to the District in a timely manner or has
submitted a timely application for reemployment in accordance
with the Uniformed Services Employment and Reemployment
Rights Act.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Adopted:
date of manual adoption
LEGAL REF.: 20-4-7 NMSA, Military leave for National Guard
and Reserves.
38 U.S.C. 4301 et seq., Uniformed Services Employment
and Reemployment Rights Act
GCCC - Professional/Support Staff Leaves of Absence
Without Pay
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-2981
GCCD-E
©
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
Part 200 - Regulations Under the Uniformed Services
Employment and Reemployment Rights Act of 1994
In addition, an employer may not
retaliate against anyone assisting
in the enforcement of USERRA
rights, including testifying or
making a statement in connection
with a proceeding under USERRA,
even if that person has no service
connection.
R
AF
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Appendix to Part 1002 - Your
Rights Under USERRA
The Uniformed Services
Employment and Reemployment
Rights Act
USERRA protects the job rights of
individuals who voluntarily or
involuntarily
leave
employment
positions to undertake military
service or certain types of service in
the National Disaster Medical
System.
USERRA also prohibits
employers
from
discriminating
against past and present members
of the uniformed services, and
applicants to the uniformed services.
Reemployment
Rights
D
You have the right to be reemployed
in your civilian job if you leave that
job to perform service in the
uniformed service and:
 you ensure that your employer
receives advance written or verbal
notice of your service;
Health
Insurance
Protection
 If you leave your job to perform
military service, you have the
right to elect to continue your
existing employer-based health
plan coverage for you and your
dependents for up to 24 months
while in the military.
 Even if you don't elect to continue
coverage during your military
service, you have the right to be
reinstated in your employer's
health plan when you are
reemployed, generally without any
waiting periods or exclusions (e.g.,
pre-existing condition exclusions)
except for service- connected
illnesses or injuries.
you have five years or less of cumulative Enforcement
you return to work or apply for reemploy  The U.S. Department of Labor,
you have not been separated from servic
Veterans
Employment
and
Training Service
(VETS) is
authorized to investigate and
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If you are eligible to be reemployed,
you must be restored to the job and
benefits you would have attained if
you had not been absent due to
military service or, in some cases, a
comparable job.
Right to be Free from
Discrimination and
Retaliation
If you:
 For assistance in filing a
complaint, or for any other
information on USERRA, contact
VETS at 1-866-4-USA-DOL or
visit
its
website
at
http://www.dol.gov/vets.
An
interactive
online
USERRA
Advisor can be viewed at
http://www.dol.gov/elaws/
userra.htm.
R
AF
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 are a past or present member of
the uniformed service;
resolve complaints of USERRA
violations.


 If you file a complaint with VETS
and VETS is unable to resolve it,
you may request that your case
have applie
be referred to the Department
a of Justice for representation.
then an employer may not deny you:
 initial employment;




D
Because of this status.
 You may also bypass the VETS
process and bring a civil action
against an employer for violations
of USERRA.
The rights listed here may vary
depending on the circumstances.
This notice was prepared by VETS,
and may be viewed on the internet
at
this
address:
http://
www.dol.gov/vets/ programs/userra/
poster.htm. Federal law requires
employers to notify employees of
their rights under USERRA, and
employers
may
meet
this
requirement by displaying this
notice where they customarily place
notices for employees.
U.S. Department of Labor, Veterans
Employment and Training Service
Washington, DC 20210
1-866-487-2365
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3000
©
GCCE
PROFESSIONAL STAFF
CONFERENCES / VISITATIONS / WORKSHOPS
All travel must support the District’s Educational Plan for Student Success
(EPSS).
R
AF
T
To attend meetings or conferences, licensed employees must obtain approval
from the administration at least two weeks or ten (10) week days prior to the
meeting or conference dates (whenever such prior request is possible).Out of
state travel must be approved by the Superintendent as must travel expenses
that commence more than 24 hours prior to the start of any approved
training.
The following guides will be used in granting released time and/or travel
expense:
 Value of the meeting or conference.
 Funds available in the appropriate budgets.
 Availability of a substitute, if one is necessary.
A per diem subsistence allowance, and/or mileage, for private automobiles
may be paid as provided in state law or Board policies. The necessary forms
and instructions for filing travel claims are available at the administration
office.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3050
GCCF
©
SABBATICAL
LEAVE
Upon approval as a part of a compensation plan the Board may grant
sabbatical leave to licensed teaching and administrative personnel for a
maximum of one (1) year in accordance with 22-10A-35 through 22-10A-38
NMSA 1978, and 6.66.4.8 NMAC
date of manual adoption
R
AF
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Adopted:
22-10A-35 through 22-10A-38 NMSA (1978)
6.66.4.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
10^G-3100
©
GCCG
PROFESSIONAL / SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
R
AF
T
The District recognizes the existence of circumstances under which
non-job-related, seriously incapacitating, and extended illnesses and injury
may exhaust accrued leave of employees. To provide some measure of relief
in such situations, a limited mechanism, based upon voluntary transfer of
accrued annual or sick leave, is established. The mechanism will be termed
transfer of accrued annual or sick leave for a medical emergency. The
definition of a 'medical emergency' will be as follows: A medical condition of
the employee or a family member of the employee that will require the
prolonged absence of the employee from duty and will result in a substantial
loss of income to the employee because the employee will have exhausted all
paid leave available apart from the leave-sharing plan.
Limits to Donations:
 The donated leave will be limited to annual leave or sick leave (sick
leave will be any paid leave that the district, by policy, allows to be used
for that purpose).
 The person donating may only donate already accrued leave up to
twenty (20) days and shall maintain in accrued leave at least
twenty-eight (28) days of sick leave (or the equivalent) at the time of the
donation. *
D
 Donations will be by accrued days of leave, using either the donor's
current daily wages or hourly wages earned for each donated day. The
recipient shall receive the the donation converted to the daily wages
they currently earn.
 All donations shall be for the current contract year and shall not exceed
that period based upon the current contract earnings of the person to
whom the donation is made. *
 All donations shall be on behalf of a specific recipient with the donation
made to the district plan for transfer of leave based upon a medical
10 the district will need to decide how to deal with previously
donated leave. Suggest return to donatee or use before any further
requests for donations.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
emergency.
 All unused donated leave shall revert to the donating employees on a
prorated basis.
Notice and receipt of donations .
 Posting will be by placing the notice of need at the central office, and by
the mailboxes used for staff members of the district.
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AF
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 Forms will be provided on which employees may make their donations
known to the district office.
Eligibility ( for use of
shall:
transferred leave ).
The approved applicant
 Be a full-time employee (an employee eligible to earn sick leave).
 Have a "medical emergency" as defined in this policy.
 Have exhausted all earned/accrued leave of any nature or kind
including compensatory time and be eligible for an unpaid leave of
absence.
 Not be eligible at the time of request for disability benefits, including
but not limited to Social Security.
 Be one whose return to duty is projected to occur no later than the
beginning of their next contract year. *
 Submit an application, which shall be received by the District office at
least ten (10) days prior to the beginning of the applicant's unpaid leave
status, when practicable.
D
Determining eligibility:
 The Superintendent shall appoint an advisory committee consisting of
at a minimum, one health education professional, one support staff
member, one licensed teacher and one professional supervisory person
to review the applications and make a recommendation to the
Superintendent.
 The Superintendent shall receive the applications and make the final
determination of eligibility using the criterion of eligibility and in
consideration of the recommendation of the advisory committee.
No continuing rights are established by this policy.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
In compliance with
established procedure, the Governing Board reserves the right to modify,
change, or delete any policy in accord with its own guidelines. An appeal of
the decision of the Superintendent may only be taken using the Staff
Grievance Policy GBK.
Adopted:
date of manual adoption
To be announced
CROSS REF.:
GBK - Staff Grievance
GCC - Professional / Support Staff Leaves and Absences
GDC - Support Staff Leaves and Absences
D
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AF
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3111
GCCG-RA
©
REGULATION
REGULATION
PROFESSIONAL / SUPPORT
STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
(Application Screening)
R
AF
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The application must be in writing.
The application must be supported by a certified document by a health care
provider that describes the nature, severity, and anticipated duration of the
emergency medical condition of the recipient and that includes a statement
that the recipient is unable to work all or a portion of the recipient's work
hours.
D
The application should be received by the District office prior to the applicant
beginning unpaid leave status.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3112
GCCG-RB
©
REGULATION
REGULATION
PROFESSIONAL / SUPPORT
STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
(Application Screening Committee)
R
AF
T
A committee consisting of at a minimum one health education professional,
one licensed teacher, one support staff member, and one professional
supervisory person as appointed by the Superintendent are to review the
applications and make a recommendation to the Superintendent who will
approve or deny the leave. The applications are to be reviewed in accord
with the guidelines found in policy and as presented below:
The approved applicant shall:
 Be a full-time employee (an employee eligible to earn sick leave).

Have a "medical emergency" as defined in this policy.

Have exhausted all earned/accrued leave of any nature or kind
including compensatory time and be eligible for an unpaid leave of absence.

Not be eligible for disability benefits, including but not limited to
Social Security.

Be one whose return to duty is projected to occur no later than the
beginning of their next contract year. *
D
 Submit an application, which shall be received by the District office at
least ten (10) days prior to the beginning of the applicant's unpaid leave
status, when practicable.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3131
GCCG-EA
©
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT
STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
TRANSFER OF LEAVE REQUEST FORM
Name
_________________________________________________________________________
R
AF
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Date of Application
Mailing Address
_________________________________________________________________
Street or Box Number
City
State
Zip
(
) ______________
Home Phone Number
____ ____________
Work Location
____________
Job Title
Submit this request form to the Superintendent of Schools at least ten (10)
days before the leave is to commence, when practicable. Use of the
transferred leave counts towards FMLA leave used by employees.
For determination of eligibility, please answer each of the following questions.
Put an ex (x ) in the appropriate response column.
YES
NO


Is this your first claim for this particular condition?


Have you exhausted all earned/accrued leave of any
nature or kind including compensatory time?

Have you attached to this application a signed
STATEMENT OF A HEALTH CARE PROFESSIONAL
verifying this condition?
D

By my signature below I give permission to the district to use my name and
employment information in requesting transfer of leave donations.
In addition to the statement provided by my health care professional, I also
agree to submit to an examination by a health care provider of the School
Board's choice, if requested to do so, at the school district's expense.
__________________________________________________________________________________
Employee Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Administrator Signature if Employee unable to sign
DATES OF TRANSFERRED LEAVE REQUESTED
I request leave from
__________________________ to
______________________________
I request a reduced schedule on the following dates
__________________________________________________________________________________
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AF
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I request intermittent leave according to the following schedule ________________________
__________________________________________________________________________________
_________________________________________________________________________________
The total number of days of Transferred Leave that I request is
EMPLOYEE STATEMENT
I agree to return to work on _____________________ . If circumstances change
such that I will not be able to return to work on that date, I agree to notify
my supervisor within two days with updated leave information and will
submit an updated health care professional's statement to the Leave
Administrator.
Signature _____________________________________
Date
__________________________
TO BE COMPLETED BY THE TRANSFER LEAVE ADMINISTRATOR
D
Prior transfer leave request confirmed by date _______________________________________
Leave is  Approved  Denied for the following reason(s): _________________________
______________________________________________
Administrator Signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
______________________________
Date
^G-3132
GCCG-EB
©
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
EMPLOYEE TRANSFER LEAVE PROGRAM STATEMENT OF HEALTH
CARE PROFESSIONAL
R
AF
T
After completing this form, please send to:
__________________________________
Name of Patient
_________________________________________________________________
Last
First
MI
If the patient is not an employee of the District above
what is the relationship to the employee ____________________________________________
Please answer the following questions (attach additional pages if necessary):
1. Describe the nature of the illness/injury (diagnosis) ________________________________
D
2. State the approximate date the illness/injury commenced, and the
probable duration of the illness/injury (and also the probable duration
of the patient's present incapacity , if different).
_____________________________________________________________________________
3. Will it be necessary for the patient to be on an intermittent or a less
than full schedule as a result of the illness/injury (including for
treatment described in item 6 below)?
Yes
_________________________________
No _______________________________
If yes, give the estimated date of return to full-time work
or a normal schedule.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
4. If the patient will be absent from a full schedule because of treatment of
the illness/injury on an intermittent or part-time basis, provide an
estimate of the probable number of and interval between such
treatments, actual or estimated dates of treatment if known, and period
required for recovery, if any.
___________________________________________________________________________
5. If any of these treatments will be provided by another provider of health
services (e.g. physical therapist), please state the nature of the
treatments.
R
AF
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6. Is it necessary for the patient to be absent from work for treatment?
Yes
No ___________________
7. What is the date you first required the patient to begin treatment
for the illness or injury? _______________________________________________________
This is to certify that this patient has suffered a medical condition that will
require the patient to take a prolonged absence from performing his/her
normal duties or in the alternative requires a family member of the patient
as care taker to take a prolonged absence from their duties to assist in the
care of the patient during treatment and recovery.
________________________________________
Health Care Provider Signature
______________________________________
Name (please print)
_________________
_____________________________________________________________
Date
Street or Box Address
City
State
ZIP
_____________________
D
Telephone Number
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3133
GCCG-EC
©
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT
STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
AUTHORIZATION TO DISCLOSE HEALTH INFORMATION
_________________________________________________________________
Last
First
MI
R
AF
T
Name of Patient
I authorize the use or disclosure of the above individual's health information
as described in this form.
The following Physician or Physician's office is authorized to make the
disclosure.
__________________________________________________________________________________
Address
_________________________________________________________________________
Specifically describe the illness or injury to be used or disclosed.
__________________________________________________________________________________
This information may be disclosed to and used by the following individual or
organization for the purpose of providing leave transfer:
ELIDA MUNICIPAL SCHOOLS
D
I understand that I have a right to revoke this authorization at any time. I
understand that if I revoke this authorization, I must do so in writing and
present my written revocation to:
ELIDA SCHOOL DISTRICT SUPERINTENENT
I understand that the revocation will not apply to information that has
already been released in response to this authorization.
Unless otherwise revoked, this authorization will expire on the following date
________________________________________
event
________________________________
condition _____________________________ _
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If no expiration date, event or condition is specified, this authorization will
expire in six months.
I understand that authorizing the disclosure of this health information is
voluntary. I can refuse to sign this authorization. I understand that I may
inspect or copy the information to be used or disclosed. If I have questions
about disclosure of my health information, I can contact the Superintendent
of Schools.
___________________
Date
D
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AF
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__________________________________________________________
Signature of Employee
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3134
GCCG-ED
©
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT
STAFF VOLUNTARY
TRANSFER OF ACCRUED ANNUAL OR SICK LEAVE
Request to donate annual or sick leave
_________________________________________________________________________
R
AF
T
Name
Date of Application
Mailing Address
_________________________________________________________________
Street or Box Number
City
State
Zip
( _ ) ____________________
Home Phone Number
_______________
Work Location
________________________________
Job Title
I request that annual or sick leave be transferred to the leave account of an
approved leave recipient (name) [______________________________} under the
Transfer of Annual or Sick Leave Policy of this District.
As of the date indicated below I have enough leave accrued to my account to
cover the transfer request in accord with the requirements of the District
Policy. The amount of annual and sick leave I am transferring also does not
reduce my accrued leave below that allowed by policy.
D
I understand that my decision to transfer leave is not revocable. If a
sufficient balance of unused leave remains after the recipient's medical
emergency has terminated, I will have a pro-rated share returned to me
during either the current leave year or the following leave year.
I have not been directly or indirectly intimidated, threatened or coerce, or
promised any benefit by any employee for the purpose of donating or using
leave.
Conditions and Limitations to Donations:
 The donated leave will be limited to annual leave or sick leave (sick
leave will be any paid leave that the district, by policy, allows to be used
for that purpose).
 The person donating may only donate already accrued leave and shall
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
maintain in accrued leave at least twenty-eight (28) days of sick leave
(or the equivalent) at the time of the donation. *
 Donations will be by accrued days of leave, using either the donor's
current daily wages or hourly wages earned for each donated day. The
recipient shall receive the donation converted to the daily wages they
currently earn.
 All donations shall be for the then current contract year and shall not
exceed that period based upon the current contract earnings of the
person to whom the donation is made. *
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AF
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 All donations shall be on behalf of a specific recipient with the donation
made to the district plan for transfer of leave based upon a medical
emergency.
 All unused donated leave shall revert to the donating employees on a
prorated basis.
D
____________________________________________________
Signature of Employee
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_________________________
Date
G-3150
GCCH
©
PROFESSIONAL STAFF
BEREAVEMENT LEAVE
An employee may be granted, upon request to the Superintendent, up to five
(5) days of leave per year, deducted from sick leave, to be used in the event of
death in the employee's family as defined in GCCA.
R
AF
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Extensions of bereavement leave may be granted upon personal request to
the Superintendent. If approved, all such extensions of bereavement leave
shall be deducted from the employee's earned sick leave.
In the absence of any earned sick leave, and upon request, the
Superintendent may approve an unpaid leave of absence for each day of
extended bereavement leave used.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
11G-3200
GCD
PROFESSIONAL STAFF VACATIONS
AND HOLIDAYS
Vacations
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AF
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Vacation leave is an accrued and authorized absence for rest, recreation, or
other purposes. Vacation leave will be approved and granted after its
accrual and not in advance of accrual.
1. Employees are required to complete a Vacation Request form and obtain
prior approval from their immediate supervisor prior to the date of scheduled
leave.
2.The established vacation term is from July 1 through June 30 of the next year. Vacation day
3.Twelve-month full time employees working more than 20 hours per week will earn vacation d
of service; 1-5 years = 10 days, 6-10 years= 12 days, 11+ years= 15
days
5.Vacation time may be taken during the school year that it is earned, but no more than has be
6.Vacation time must be taken in no less than ½ day increments when school is in session.
D
Vacation may accumulate to a maximum of 20 days, at which time no more
vacation can be earned. As accumulated vacation days are used and drop
below 20 days, an eligible employee may again accumulate vacation up to the
maximum limit.
If workloads disallow vacations as established, the
Superintendent may approve vacation days during the school year. Any
leave beyond these limits must be used by June 30 of the current contract
year or within eighteen (18) months after the granting of a
special provision to extend the limits. Special provisions to extend the limits
of accumulated vacation leave by twelve (12)-month employees may be
approved by the Superintendent. The Superintendent may extend the limits
of his accumulated vacation leave (20 days) by receiving the approval of the
Board of Education.
11 format
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Holidays
Holidays may be established by the school calendar.
date of manual adoption
D
R
AF
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Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3450
GCF
©
PROFESSIONAL
STAFF
HIRING
It shall be the policy of the District to employ and retain the best qualified
personnel.
R
AF
T
The Board adopts the following general criteria, which shall be utilized in the
selection process for initial employment:
 There will be no discrimination in the hiring process due to race, color,
religion, sex, sexual orientation, age, national origin, or disability of an
otherwise qualified individual.
 A candidate for secondary school teaching should have a major, minor,
or equivalent in the candidate's teaching field. An elementary school
candidate should have a major or equivalent in elementary education or
in the special area of assignment.
 Candidates for all teaching positions shall be able to deliver quality
instruction.
 Each candidate shall provide evidence of meeting state requirements for
certification.
 Each candidate shall be requested to complete a consent-and-release
form regarding conduct of a background investigation.
D
 A "background investigation" - consisting of communication with the
applicant's (or employee's) former employer that concerns education,
training, experience, qualifications, and job performance for the purpose
of evaluation for employment - shall be conducted on each individual to
be considered for a recommendation of employment. Forms developed
for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for
employment or the determination of salary shall be considered by the Board
to constitute grounds for dismissal.
All offers of employment are contingent upon the satisfactory completion of
background investigations.
A person not directly involved in the employment decision affecting the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
specific applicant shall not be permitted unauthorized access to criminal
history record information or background information.
Adopted:
date of manual adoption
D
R
AF
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LEGAL REF.: 22-10A-5 NMSA (1978)
28-1-2 NMSA et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3461
GCF-R
©
REGULATION
REGULATION
PROFESSIONAL
STAFF
HIRING
Definition
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AF
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A background investigation is defined as any communication with an
applicant's (or employee's) former employer that concerns the education,
training, experience, qualifications, and job performance of the individual
and that is used for the purpose of evaluation for employment. Background
investigation does not include the results of any state or federal criminal
history records check.
Background
Investigation
Requirements
Only persons designated by the Superintendent shall perform background
investigations. Prior to contacting former employers or other persons, the
background investigator shall:
 Ascertain that the standard employment application for the type of
position has been completed in full.
 Obtain from the individual a consent to background investigation and
release as determined by the District.
 Make certain that the individual has identified at least two (2) persons
from each past employer who can verify basic job information and
discuss the individual's work performance and reason for leaving.
D
 Examine the application for a complete work history, accounting for any
gaps in employment.
Two (2) persons should be contacted at each past employer if possible (any
exceptions should be documented). Upon making contact, the contacts or the
former employer or employer's agent should be provided the following
information:
 The name and identifying information of the District.
 The name of the District representative making the inquiry and how
the representative can be contacted.
 The name of the former employee and period of employment as
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
indicated by the individual whose background is being investigated.
 The position for which the individual has applied, with descriptive
information as to the duties, if requested or necessary to understanding
of the inquiry.
The background investigator shall:
 Ask the questions, and complete the background check form(s) as
provided by the District.
R
AF
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 Make impression notes as necessary based upon the questions and
responses, and determine if there may be cause to contact others or
make further inquiries based upon the responses.
D
 Provide the information to the Superintendent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3481
GCF-EA
©
EXHIBIT
EXHIBIT
PROFESSIONAL
STAFF
HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
R
AF
T
I, ______________________________________ [applicant's name], have applied
for employment with the ___________________ School District to work as a
______________________________ [job title]. I understand that in order for
the School District to determine my eligibility, qualifications, and suitability
for employment, the School District will conduct a background investigation
to determine if I am to be considered for an offer of employment. This
investigation may include asking my current employer, any former employer,
and any educational institution I have attended about my education, training,
experience, qualifications, job performance, professional conduct, and
evaluations, as well as confirming my dates of employment or enrollment,
position(s) held, reason(s) for leaving employment, whether I could be rehired,
reasons for not rehiring (if applicable), and similar information.
I hereby give my consent for any employer or educational institution to
release any information requested in connection with this background
investigation.
According to the Family Educational Rights and Privacy Act, I understand
that I have a right to see most education records that are maintained by any
educational institution.
D
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to see any written reference or other
information provided to the School District by any educational institution.
I acknowledge that some employers are unwilling to provide factual written
references concerning a current or past employee unless they may do so
confidentially, without revealing the references to the employee, and that the
School District will not further consider my application if it cannot complete
its background investigation.
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to receive a copy of any written communication
furnished to the School District by any employer.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Whether or not I have waived my right to see or to receive copies of written
references furnished to the School District by employers or educational
institutions, I release, hold harmless, and agree not to sue or file any claim of
any kind against any current or former employer or educational institution,
and any officer or employee of either, that in good faith furnishes written or
oral references requested by this School District to complete its background
investigation.
A photocopy or facsimile ("fax") copy of this form that shows my signature
shall be as valid as an original.
R
AF
T
DATED this _________________ day of _____________________________, 20___.
________________________________
Applicant
D
________________________________
Witness
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3482
GCF-EB
©
EXHIBIT
EXHIBIT
PROFESSIONAL
STAFF
HIRING
BACKGROUND CHECK FORM
R
AF
T
Applicant: ______________________________________ Date:__________________
Person contacted:____________________________ Telephone: ________________
Address:
____________________________________________________________
E-mail address: _________________________________________________________
Relationship to applicant:

Former employer - position: _______________________________________

District, business, or other entity:

Personal reference
Method of contact:
______________________

Telephone

Letter

Other
QUESTIONS FOR EMPLOYERS
Dates of employment:
________________________________________________
______________________________________________________
Final rate of pay:
______________________________________________________
D
Position held:
Was the person reliable?
 Yes  No
If no, explain ___________________________________________________________
________________________________________________________________________
Was the person satisfactory?
 Yes  No
If no, explain ___________________________________________________________
________________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_________
Any concern about the person being late to work without authorization?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Any concern with abuse of leave policies (such as sick leave or personal leave)?
 Yes  No
If yes, explain _______________________________________________________
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AF
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________________________________________________________________________
Any difficulty establishing communication and rapport with children?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Any difficulties in establishing communication and rapport with supervisors,
parents, or community members?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Did the person ever receive a written counseling statement, letter of direction,
or reprimand?
 Yes  No
If yes, describe ______________________________________________________
________________________________________________________________________
D
Did the district ever consider taking action or take action to suspend, decline
to renew, or dismiss the employee?
 Yes  No
If yes, describe ______________________________________________________
________________________________________________________________________
Was there ever an allegation or complaint about:
Abusive language?
 Yes  No
Insulting or derogatory comments?
 Yes  No
Inappropriate contact with a child?
 Yes  No
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Verbal or physical contact of a sexual nature?
 Yes  No
Dishonesty?
 Yes  No
Substance abuse?
 Yes  No
Failure to provide adequate supervision?
 Yes  No
Failure to follow reasonable directions or instructions?
 Yes  No
If yes on any of the above, request explanation_____________________________
R
AF
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________________________________________________________________________
Was the person ever involved in an incident that resulted in injury to an
adult
or child?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Would you rehire this person?
 Yes  No
Can you identify anyone else who could provide relevant information
regarding
the applicant's fitness for employment?
________________________________________________________________________
________________________________________________________________________
D
Is there any other information I have not asked about that would help us
determine this person's eligibility, qualifications, and suitability for
employment
with our District?
________________________________________________________________________
________________________________________________________________________
QUESTIONS FOR PERSONAL REFERENCE
How long have you known the applicant?
______________________________
What is the nature of your relationship?
______________________________
Why do you think the applicant would be a good choice for this position?
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
Do you know of any reasons that could prevent the applicant from fulfilling
the
functions of the position?
_______________________________________________
________________________________________________________________________
Background check form completed by ____________________________________
__________________
D
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AF
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Date completed
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3550
©
GCFC
PROFESSIONAL STAFF CERTIFICATION
AND CREDENTIALING REQUIREMENTS
(Fingerprinting Requirements)
New
Hires
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AF
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All licensed personnel to be hired by the District, who have not been initially
licensed within twenty-four (24) months of applying for employment, shall be
required to provide fingerprint cards or electronic fingerprints for licensure in
accord with state law and shall pay the cost of obtaining fingerprint or
criminal history records. An applicant offered employment, a contractor or
contractor's employee, or a volunteer who will have unsupervised access to
students shall also be required to provide fingerprint cards or electronic
fingerprints and may be required to pay the cost of obtaining fingerprint or
criminal history records.
D
The candidate's fingerprints shall be submitted, along with the form
presented as an exhibit to this policy, immediately upon being selected as a
finalist for possible employment. The form shall be considered a part of the
application for employment.
Convictions of felonies or misdemeanors
involving moral turpitude if directly related to employment which are
contained in the criminal history investigation record shall be used to deny,
suspend or revoke employment in accordance with the Criminal Offender
Employment Act. However, if the conviction does not directly relate to
employment, completion of probation or parole supervision or expiration of a
period of three years after final discharge or release from imprisonment
without subsequent conviction shall create a presumption of sufficient
rehabilitation. Other information contained in the investigation record, if
supported by independent evidence, may also form the basis for the
employment decisions for good and just cause. A candidates conviction of
trafficking in controlled substances, criminal sexual penetration or related
sexual offenses or child abuse regardless of rehabilitation shall warrant
denial, suspension or revocation of employment. Records of arrest not
followed by conviction or misdemeanors NOT involving moral turpitude may
not be used, distributed or disseminated regarding public employment.
A person who makes a false statement, representation, or certification in any
application for employment with the School District may be denied
employment or terminated.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Reasons for a decision not to employ an individual based upon conviction of
any indicated crime or misdemeanor involving moral turpitude shall be
provided to the candidate. An appeal of denial, suspension or revocation of
employment based upon the Criminal Offender Employment Act may be
requested in accord with the grievance procedure provided in policy.
R
AF
T
A person not directly involved in the employment decision affecting the
specific applicant shall not be permitted unauthorized access to criminal
history record information or background information. All fingerprint or
criminal history records are to be confidential records and are to be
maintained as personnel records in accord with the "Rights to inspect public
records, exceptions".
The Superintendent shall report to the Public Education Department any
known conviction of a felony or misdemeanor involving moral turpitude of a
licensed school employee that results in any type of action against the
employee.
Adopted:
date of manual adoption
LEGAL REF.: 14-2-1 NMSA
22-10A-5 NMSA (1978)
28-2-1 et seq. NMSA
6.60.8.7 NMAC
6.60.8.8 NMAC
6.60.8.9 NMAC
GBK - Staff Grievances
GCF - Professional Staff Hiring
GCG - Part-Time and Substitute Professional Staff
Employment
IJOC - School Volunteers
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-3581
GCFC-E
©
EXHIBIT
EXHIBIT
PROFESSIONAL STAFF CERTIFICATION
CREDENTIALING REQUIREMENTS
_______________________________
Name
AND
_________________________________
Position
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AF
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I, ___________________________________, being duly sworn, do hereby certify
that I have never been convicted of or admitted in open court or pursuant to a
plea agreement committing, and am not now awaiting trial for committing,
any of the following criminal offenses in the state of New Mexico or similar
offenses in any other jurisdiction:
Sexual abuse of a minor
Incest
First- or second-degree murder
Kidnapping
Arson
Sexual assault
Sexual exploitation of a minor
Felony offenses involving contributing to the delinquency of a minor
D
Commercial sexual exploitation of a
minor
Felony offenses involving sale,
distribution, or transportation of,
offer to sell, transport, or distribute,
or conspiracy to sell, transport, or
distribute marijuana or dangerous
or narcotic drugs
Felony offenses involving the possession
or
use of marijuana, dangerous drugs or
narcotic
drugs
Misdemeanor offenses involving the
Possession or use of marijuana or
dangerous drugs
Burglary in the first degree
Burglary in the second or third degree
Aggravated or armed robbery
Robbery
Child abuse
Sexual conduct with a minor
Molestation of a child
Manslaughter
Assault or Aggravated assault
Exploitation of minors involving drug
offenses
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
____________________________________
_________________________________
Employee signature
Date signed
Subscribed, sworn to, and acknowledged before me by _____________________
______________________________, this ______ day of ____________, 20____,
in _____________________________ County, New Mexico.
My Commission Expires
_______________________________________
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_
Notary Public
D
_________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3750
GCG
©
PART - TIME
PROFESSIONAL
Substitute
AND SUBSTITUTE
STAFF EMPLOYMENT
Teachers
R
AF
T
When it becomes necessary for a regularly assigned teacher to be absent, it is
that teacher's responsibility to notify the school principal at the earliest
opportunity of the probable duration of the absence. The selection of a
substitute teacher will be made by the principal only from a list of approved
substitute teachers provided to each principal by the Superintendent, or
designee. The Superintendent shall develop and implement administrative
procedures necessary to effectively employ, assign, monitor, evaluate,
compensate and retain highly qualified substitute teachers for the District.
Employment Qualifications. All applicants for initial substitute teacher
licensure shall have attained eighteen (18) years of age for those seeking to
perform instructional services in grades kindergarten (K) through eight (8),
and twenty-one (21) years of age for those seeking to perform instructional
services in grades nine (9) through twelve (12), and have earned a high school
diploma or high school diploma equivalency and hold a current New Mexico
Substitute Teachers License by:
 Completing an approved teacher preparation program from a regionally
accredited college or university; or
Holding a current substitute or standard teaching license from another state; or

Having met two (2) of the following requirements:
D

 Have, within twelve (12) months of their date for initial
employment with the District received on-the-job training by
serving as a voluntary assistant to a licensed teacher in a school
classroom in the District for a minimum of three (3) hours during
three (3) days;
Have observed three (3) hours or more of teaching at the grade level of students in which the s
 Have completed a District substitute teacher workshop. The
District shall conduct, at least once a year, a comprehensive
workshop for current substitute teachers and substitute teacher
applicants that is conducted by licensed teaching and
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
administrative staff and provides training in the essential
functions and most recent strategies related to effective teaching;
Have, within the past three (3) school years of application for employment or licensure, perfor
 Have engaged in any paid employment in the three (3) years prior
to applying for a New Mexico Substitute Teaching license or
employment which, after verification by and in the opinion of the
Superintendent, or designee, invests that applicant with relevant
work experience;
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AF
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Have completed at least sixty (60) hours of college credit courses in a regionally accredited col
Have completed or be currently enrolled in an approved college course or program from a regi
As a condition of employment with the District as a substitute teacher, every
applicant must initially submit to and be cleared of a fingerprint-based
criminal history and background check pursuant to state law and regulation.
No applicant for initial employment shall be employed by the District until a
background check has been reviewed and cleared by the State Public
Education Department.
Substitute Teacher Tracking / Monitoring. The District shall maintain
a systematic tracking process that monitors and records the assignment of all
substitute teachers by classroom placement and the time and performance
assessment in such placement. The tracking record shall be kept as part of
the employee's personnel record and shall be used as a key element in the
reemployment of the substitute teacher.
Continuing Licensure. The District shall develop an advancement plan
to allow substitute teachers to gain a Level II license. Such plan shall, at a
minimum, require a substitute teacher to:
D
 Complete with a passing grade three (3) semester hours of credit from a
regionally accredited college or university in areas related to the
District's Educational Plan for Student Success, student standards, or
the substitute teacher's classroom assignment; or
 Complete forty-eight (48) contact hours in professional development
activities approved by the District in areas related to the District's
Educational Plan for Student Success, student standards, or the
substitute teacher's classroom assignment; or
Obtain a written certification from the Superintendent that the substitute teacher has comple
Compensation.
Substitute teachers will be compensated for the number of
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
hours on duty at a rate, approved annually by the Board, that is
commensurate with the Substitute's level of licensure and experience in the
District.
Limitations. No single class may be taught by a substitute teacher in lieu
of a licensed teacher, under contract, for more than a total of forty-five (45)
school days during a school year unless otherwise approved by the Secretary
of Public Education.
R
AF
T
Exceptions.
No person holding a valid New Mexico teaching or
administrative license is required to obtain substitute teacher licensure in
order to perform instructional services.
Adopted:
date of manual adoption
22-10A-15 NMSA (1978)
6.63.10.10 NMAC
6.29.1.9
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3850
©
GCGB
ARRANGEMENTS FOR SUBSTITUTE
STAFF MEMBERS
R
AF
T
A substitute, if required, shall be secured by the substitute notification
system. When it is necessary for an employee to be absent, the employee
must notify the supervisor or designee in advance (when reasonable) of the
probable duration of absence. Employees will provide notification to the
substitute notification system. An absentee report maintained by the
supervisor shall account for all absences of all employees and shall list all
substitutes acquired.
Adopted:
date of manual adoption
22-10A-15 NMSA (1978)
6.63.10.10 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3861
©
REGULATION
GCGB-R
REGULATION
ARRANGEMENTS FOR SUBSTITUTE
STAFF MEMBERS
R
AF
T
When utilizing the leave policies of the District, it shall be the responsibility
of the teacher to notify the substitute notification system using the format
and form required, as soon as possible, of the need for a substitute teacher.
D
If the teacher knows in advance that a return to duty will be assured on a
certain day, the principal should be so notified in order that the substitute
may be informed.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-3950
GCH
©
PROFESSIONAL STAFF ORIENTATION
AND TRAINING
The Superintendent will establish a program to provide orientation for all
new District employees. At a minimum, this program will cover the
following items:
R
AF
T
 Goals, objectives, and programs of the District.

Personnel policies.

Terms of employment.

General disciplinary rules and procedures.

Salary and fringe-benefit plans.

Self-improvement opportunities.

The evaluation program and name(s) of evaluator(s).
 Handling of body fluids.

Child abuse reporting responsibilities.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-4100
GCI
©
PROFESSIONAL
STAFF
DEVELOPMENT
R
AF
T
The Board recognizes its particular responsibility to provide opportunity for
the continual professional growth of its certificated staff. Such opportunities
include, within budgetary limitation, special in-service training courses,
workshops, school or District visitations, conferences, professional library,
and assistance from supervisors and consultants.
In line with such opportunities, the Board encourages educational research
by staff members when the conduct of the project does not conflict with the
major functions of the schools.
In-Service
Training
Courses
The Superintendent may establish local in-service training courses for
teachers and other licensed employees in the schools.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-4500
©
GCK
PROFESSIONAL STAFF ASSIGNMENTS
AND TRANSFERS
Assignments
R
AF
T
The Superintendent will determine all licensed professional staff
assignments. Such assignments shall be based on the needs of the District.
In addition, no right to school, grade, or subject assignment shall be inferred
from the standard teacher's contract.
A classroom teacher assigned to another grade/subject area or classroom at
the work site after the beginning of the school year will be granted up to two
(2) days of professional leave as determined by the supervisor to prepare for
the new assignment.
Employees who marry are subject to Administrative Transfer if the marriage
would cause one employee to be directly or indirectly supervised by the other
employee. Employees are required to notify their supervisor and the
Superintendent when this circumstance occurs.
Transfers
The procedure for assignment and transfer of professional staff members will
be based on the needs of the instructional program. Assignments may be
changed to serve the best interests of the District and students.
D
Professional staff members may apply for transfer or reassignment, whether
or not a vacancy exists. Generally, transfers will not be approved during the
school year unless the needs of the District dictate such approval.
It shall be the policy of the Board that professional personnel be assigned on
the basis of their qualifications, the needs of the District, and their expressed
desires. When it is not possible to meet all three (3) conditions, personnel
shall be assigned first in accordance with the needs of the District, second
where the Superintendent determines the employee is most qualified to serve,
and third as to expressed preference of the employees.
In the case of vacancies in new or existing positions, first consideration will
be given to qualified applicants among current employees.
The Superintendent shall have the responsibility for the assignment of all
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
personnel throughout the District.
The resolution of any conflicts over the need for a transfer shall be based on
what is best for the instructional program, the needs of the students, and the
overall needs of the District as defined by the Superintendent.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-4600
GCL
©
PROFESSIONAL STAFF
SCHEDULES AND CALENDARS
R
AF
T
All professional staff members shall report to their duty stations on time each
workday and shall, as scheduled, be available there until the designated
time(s) they are scheduled to leave. The Superintendent may alter or extend
the school day for meetings, special events, and activities.
Professional staff members are expected to be in their respective rooms or
work areas as the schedule prescribes so that they may see students, parents,
and/or attend to other duties as assigned. Family members are not allowed
in teacher work areas during scheduled duty hours. Children of staff
members may not be at school with staff during the regular school workday,
except in extenuating circumstances which require prior written permission
of the administration. Children must be under direct supervision of their
parent.
In order to ensure the safety of students and the security of school campuses,
teachers may be assigned supervisory duty during the teaching day. These
duty assignments shall be considered a regular part of a teacher's duties and
shall be fulfilled accordingly. Teachers shall not be required to perform the
following noninstructional duties; noon hall duty, noon ground duty and noon
cafeteria duty.
Teachers will perform duties other than classroom teaching.
assignments will be made by the Superintendent.
date of manual adoption
D
Adopted:
LEGAL REF.:
22-10A-20 NMSA
CROSS REF.:
GCMF - Professional Staff Duties and
Responsibilities
JLIA- Supervision of Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Extra duty
G-5000
GCMC
©
PROFESSIONAL
STAFF
MEETINGS
The Superintendent will arrange for and hold staff meetings as the need may
arise. This authority may be delegated to the school principals, who may
hold such building meetings on a regularly scheduled basis or as they may
arise.
R
AF
T
All teachers are required to attend any such meetings unless officially
excused by the principal or the Superintendent prior to the meeting.
Adopted:
date of manual adoption
IKACA - Parent Conferences
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-5050
GCMD
©
PROFESSIONAL STAFF
EXTRA DUTY
All coaching schedules will be managed by the building athletic director in
accordance with New Mexico Activity Association (NMAA) guidelines.
R
AF
T
Head coaches, assistants and volunteer coaches shall be licensed by the state
of New Mexico.
It is the responsibility of the employee to maintain a valid license and to
obtain appropriate training for recertification.
Adopted:
date of manual adoption
6.63.8.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-5150
GCMF
©
PROFESSIONAL STAFF DUTIES
AND RESPONSIBILITIES
A teacher shall not use sectarian or denominational books or teach any
sectarian doctrines or conduct religious exercises.
R
AF
T
Any person violating this prohibition by teaching sectarian doctrine in a
public school shall be immediately discharged from further employment with
a school district.
Adopted:
date of manual adoption
22-10A-27 through 22-10A-31 NMSA (1978)
22-13-15 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-5350
©
GCO
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
R
AF
T
The Board believes the procedures by which professional employees are
supervised and evaluated must provide the employee and the supervisor the
opportunity to identify both strengths and weaknesses and to work
cooperatively toward satisfactory work performance.
Each licensed
professional staff member shall devise a professional development plan for
the coming year which shall be a part of the evaluation process.
The Superintendent shall develop and implement a systematic plan for the
evaluation of all licensed professional employees.
The plan shall be
consistent with all state statutory and regulatory requirements.
Classroom or site visitations shall be made to document the employee
demonstration of the standards and competencies set forth by the State, the
Secretary of Public Education and the Board. A written report of the
evaluation will be prepared, reviewed with the employee and filed in the
employee's personnel record. No evaluation report shall be placed in an
employee's record without review and discussion between the employee and
the employee's supervisor. An employee in disagreement with the contents
of the evaluation report may submit a written rebuttal to be attached to the
report and kept on file.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-10A-19 NMSA (1978)
22-10A-21 NMSA (1978)
22-10A-22 NMSA (1978)
22-10A-23 NMSA (1978)
22-10A-24 NMSA (1978)
22-10A-25 NMSA (1978)
22-10A-26 NMSA (1978)
22-10A-27 NMSA (1978)
22-10A-28 NMSA (1978)
22-10A-29 NMSA (1978)
22-10A-30 NMSA (1978)
6.67.2.8 NMAC
6.69.3.8 NMAC et seq.
6.69.2.8 NMAC
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
6.69.4.1 et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-5361
GCO-R
©
REGULATION
REGULATION
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
Purpose
R
AF
T
The purpose of evaluation shall be the improvement of performance. Such a
process, to achieve the greater measure of success, shall be predicated on the
assumption that the evaluation will be a cooperative procedure, with the
evaluator and the evaluatee having full knowledge of the criteria, process,
and results.
The following statements give more specific purposes for evaluation:
 Evaluations determine how well the objectives held by the school are
being carried out.
The success of the educational program is
dependent upon the quality of classroom instruction, supervision, and
administration.
 Evaluations provide the basis for motivation and for self-improvement,
permitting personnel to be aware of their strengths and weaknesses in
order to improve.
 Evaluations provide a basis for planning in-service training and
supervisory activities. Such activities can be most effective when they
are based upon clear evidence of need as shown by evaluation studies.
D
 Evaluations provide the basis for administrative decisions. Such
decisions may include the employment of personnel, their assignment,
promotion, demotion, or termination.
 Evaluations aid
performance.
in
determining
satisfactory
or
unsatisfactory
Evaluators
The Superintendent shall designate the evaluators. The evaluator shall be
responsible for the final written and official statement of evaluation, which
shall be in writing, and a copy shall be transmitted to the certificated teacher
within five (5) days after completion of the evaluation.
The District is responsible for an in-service training program for evaluators.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
This program shall incorporate classroom observation techniques, conference
skills, and growth planning. Evaluators shall attend a training program to
improve their evaluation, administrative and instructional leadership skills
at least every two (2) years.
Licensed
Teacher
Evaluation
Classroom visitations by evaluator.
Formal observations shall be
spaced and of sufficient duration (minimum of thirty [30] uninterrupted
minutes) so as to ensure that the evaluators have an opportunity to grasp an
overall concept of a person's performance over a full schedule.
R
AF
T
Formal observations are prearranged through initiation by either the
observer or the teacher. Formal observations shall be defined as those that
are written and provide an opportunity for a pre-observation conference and
follow-up conference.
Informal observations may be made at the discretion of the administrator.
Procedural steps in the process of evaluation:
 At the beginning of the school year, the principal shall assign a mentor
for all Level one teachers whose responsibilities shall be defined in a
program established by the District in accord with statute and
submitted to the Public Education Department as required.
 At the beginning of the school year, the principal shall meet with the
school's faculty for the purpose of orienting the teachers to the total
evaluation plan.
 A professional development plan shall be devised by each teacher and
provided to the evaluator on a schedule as determined by the evaluator.
 Observations in the classroom shall be completed.
D
 An opportunity for a conference shall precede and follow each formal
observation-visitation.
 A written record shall be made of each formal observation, with a copy
to the observed.
 The official evaluation, consisting of a minimum of two (2) formal
observations, shall be reduced to writing and signed by both the teacher
and the evaluator. The teacher's signature shall not mean concurrence.
The teacher shall be allowed ten (10) days to write and submit any
comments, which shall be attached to the evaluation.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 A copy of the written evaluation shall be transmitted to the teacher
within five (5) days after completion of the evaluation, and a copy shall
be retained for the principal's file. A third copy shall be placed in the
teacher's personnel file and made available to authorized District
officers and employees.
 All evaluations shall remain confidential.
Frequency of written evaluations. Evaluations shall be made at least
two (2) times per year for Level one (1) teachers, and at least once per year
for Level two (2) and three (3) teachers.
R
AF
T
Evaluation schedule:
 Level one (1) licensing:
 During the week of orientation, evaluation procedures shall be
reviewed at each school.
Any teacher who is hired after
orientation week shall be individually oriented by the evaluator.
 Prior to January 10, the first evaluation, including observations,
written evaluation, and conference shall be completed.
If
unsatisfactory work performance is indicated pursuant to the
evaluation a conference will be conducted and a plan prepared to
allow correction of the work performance. Such information will
be recorded in writing, signed by all parties present and provided
to the person evaluated. (see 6.69.2.8 (B)(2) for refusal to sign)
D
 Prior to April 15, a second evaluation shall be completed. If
unsatisfactory work performance is indicated pursuant to the
evaluation a conference will be conducted and a plan prepared
specifying the areas for correction of the work performance, while
noting any areas of improvement if improvement is required. An
employee whose performance continues to be unsatisfactory shall
be given a notice of unsatisfactory performance. The notice shall
specify the nature of the inadequacy with such particularity as to
furnish the teacher an opportunity to correct the inadequacies and
overcome the grounds for the charge of inadequacy of work
performance.
 Prior to the last day of the school year, the Board shall authorize,
as necessary, and send notice to employees who will be terminated.
A copy of any evaluation(s) pertinent to the charges not to
reemploy will be included in the written notice of intention not to
reemploy.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 This written notice of termination shall be delivered personally or
sent by registered or certified mail with delivery by a time certain
at least fourteen (14) days prior to the last day of the school year,
to the teacher's place of residence, as recorded in the District's
records. Within ten (10) days of a request from the employee, the
Superintendent shall provide the reason(s) for the decision to
terminate.
 Level two (2) and three (3) licensing:
R
AF
T
 Level two (2) and three (3) licensed employees shall be evaluated
at least once each year.
During the week of orientation,
evaluation procedures shall be reviewed at each school. Any
teacher who is hired after orientation week shall be individually
oriented by the evaluator.
 Prior to March 15, the evaluation shall be completed. If less than
satisfactory work performance and competency is indicated
pursuant to the evaluation a conference will be conducted and a
plan prepared specifying the areas for correction of the work
performance, while noting any areas of improvement if
improvement is required.
An employee whose performance
continues to be unsatisfactory shall be given a notice of
unsatisfactory performance. A second conference shall be held at
the time the notice is given. The notice shall specify the nature
of the inadequacy with such particularity as to furnish the teacher
an opportunity to correct the inadequacies and overcome the
grounds for the charge of inadequacy of work performance.
D
 The principal shall establish a mentoring and peer intervention
program as is seen necessary. Persons used for mentoring or
intervention may be trained as evaluators. If the employee is
unable to demonstrate satisfactory performance and competency
by the end of a period of sixty (60) calendar days, the peer
interveners may make a recommendation to the supervising
administrator which may be termination. If the teacher does not
demonstrate essential competency in a given school year, the
School District shall provide the teacher with additional
professional development and peer intervention during the
following school year. If by the end of that school year the
teacher fails to demonstrate essential competency, the District
may choose not to contract with the teacher to teach in the
classroom (terminate).
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 At least fourteen (14) days prior to the last day of the school year,
the Board shall authorize, as necessary, and send notice to
employees who will be terminated. A copy of any evaluation(s)
pertinent to the charges not to reemploy will be included in the
written notice of termination.
 This written notice of termination shall be delivered personally or
sent by registered or certified mail with delivery by a time certain
prior to the last day of the school year, to the teacher's place of
residence, as recorded in the District's records.
R
AF
T
 Subject to the provisions of NMSA the Superintendent shall offer
to each Level two (2) and Level three (3) teacher under contract of
employment with the District for the current year a contract
renewal for the next ensuing school year unless the Local School
Board gives notice to the teacher of the intent not to offer a
contract and to terminate the teacher as provided in NMSA.
 All provisions of the New Mexico Revised Statutes shall be
complied with in the dismissal of continuing teachers.
Evaluation program.
The specific format for the teacher evaluation
system will be developed in compliance with Policy GCO, this regulation,
NMSA, and NMAC under the leadership of the Superintendent.
Compliance with Public Education Department (PED) Regulation 6.69.4,
Performance Evaluation System Requirements for Teachers, will be
completed as specified in the teacher performance evaluation for three
(3)-tiered licensure.
Evaluation of Licensed Administrators and
Other Licensed Non-Teaching Employees
D
Continuous evaluation of all aspects of the total educational program,
including student progress, personnel, curriculum, and facilities, will include
a formal process of evaluating all administrators and licensed non-teaching
employees. The purpose of this evaluation shall be the improvement of the
quality of the educational program in the District and improvement of the
performance of each employee. The evaluation will be a cooperative
procedure, with the evaluator and the evaluatee having full knowledge of the
criteria, process, and results.
The following statements give more specific purposes for evaluation:
 Evaluations determine how well the objectives held by the school and
District are being carried out. The success of the educational program
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
is dependent upon many factors, which include the quality supervision,
and administration.
 Evaluations provide the basis for motivation and for self-improvement,
permitting administrative personnel to be aware of strengths and
weaknesses in order to improve the operation of the District's programs.
Procedural steps in the process of evaluation:
R
AF
T
The specific format for the evaluation system for licensed administrators and
licensed non-teaching employees will be developed under the leadership of
the Superintendent and shall involve all principals and supervisors of
principals in the development of evaluation criteria and data collection
procedures.
One (1) component of the evaluation tool for school
administrators shall be evaluation by other school employees.
 At the beginning of the school year, the licensed administrators and
licensed non-teaching employees will be oriented to the total evaluation
plan.
 A professional development plan shall be devised by each employee and
provided to the evaluator on a schedule as determined by the evaluator.
 Observations and data gathering shall be completed.
 The official evaluation shall be reduced to writing and signed by both
the employee and the evaluator. The employee's signature shall not
mean concurrence. The employee shall be allowed ten (10) days to
write and submit any comments, which shall be attached to the
evaluation.
D
 A copy of the written evaluation shall be transmitted to the
administrator within five (5) days after completion of the evaluation,
and a copy shall be retained for the employee's file. A third copy shall
be placed in the employee's personnel file and made available to
authorized District officers and employees.
 All evaluations shall remain confidential.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-5600
GCP
©
PROFESSIONAL
STAFF
PROMOTIONS
The Superintendent will fill positions of increased responsibility with the best
available candidates.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-5750
GCQ
©
PROFESSIONAL STAFF
TERMINATION OF EMPLOYMENT
A notice of termination shall be a notice of intention not to reemploy for the
ensuing school year.
R
AF
T
Prior to the end of the contract year the District shall provide notice of
termination if such notice is determined to be in the best interest of the
District.
Adopted:
date of manual adoption
LEGAL REF.:
22-10A-22 NMSA (1978)
6.67.3.8 NMAC
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
DKA - Payroll Procedures/Schedules
G-5800
GCQA
©
PROFESSIONAL
REDUCTION IN
STAFF
FORCE
R
AF
T
The number and type of certificated staff positions required to implement the
District's educational program will be determined annually by the Board
after recommendation from the Superintendent. In the event the Board
decides to release certificated staff members, the following guidelines will be
in effect:
 Normal attrition due to teacher resignations will be relied upon as the
first means of reducing the staff.
 If attrition does not accomplish the required reduction in the staff, the
Superintendent shall submit to the Board recommendations for the
termination of specific staff members. The criteria used in formulating
these recommendations shall include, but shall not be limited to:
 Qualifications and certification of staff members to accomplish the
District's educational program.
 Overall teaching experience, academic training, and ability.
 Past contributions to the educational program of the District.
 All other things being equal, length of service in the District.
Criteria for selection of staff members to be released will be applied
separately to teachers within specialty categories.
D
Personnel to be terminated for the ensuing school year shall be notified as
soon as practical. All terminations are to be conducted in accord with
statutory, regulatory, and policy requirements.
Adopted:
date of manual adoption
LEGAL REF.:
22-10A-22 NMSA (1978)
6.67.3.8 NMAC
CROSS REF.:
GCQF - Discipline, Suspension, Termination and Discharge
of Professional Staff
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-5900
©
GCQC
RESIGNATION OF PROFESSIONAL
STAFF MEMBERS
R
AF
T
Professional employees shall give thirty (30) calendar days written notice of
intention to resign or request a release from contract. A release from an
uncompleted contract may be granted contingent upon the availability of a
well-qualified, licensed teacher as a replacement.
Each licensed teaching employee shall deliver an acceptance or rejection of
reemployment to the Board within fifteen (15) days from the following:
 The date written notice of reemployment is served upon the person; or
 The last day of the school year when no written notice of reemployment
or termination is served upon the person on or before the last day of the
school year.
A teacher who resigns contrary to this policy shall be deemed to have
committed an unprofessional act and shall be subject to the penalty as
provided under New Mexico statutes and Secretary of Public Education
regulations.
Adopted:
date of manual adoption
22-10A-23 NMSA (1978)
6.60.9.9 NMAC
6.66.2.8 NMAC
6.66.3.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-6100
©
GCQF
DISCIPLINE, SUSPENSION, TERMINATION
AND DISCHARGE OF
PROFESSIONAL STAFF MEMBERS
Unless limited by the provisions of a collective bargaining agreement or by
other statutory provision, a public employer may:
R
AF
T
 direct the work of, hire, promote, assign, transfer, demote, suspend,
discharge or terminate public employees;
 determine qualifications for employment and the nature and content of
personnel examinations;
 take actions as may be necessary to carry out the mission of the public
employer in emergencies; and
 retain all rights not specifically limited by a collective bargaining
agreement or by the Public Employee Bargaining Act.
For purposes of this policy:
 "Discharge" means the act of severing the employment relationship
with a certificated school employee prior to the expiration of the current
employment contract.
 "Terminate" means, in the case of a certificated school employee, the act
of not reemploying an employee for the ensuing school year.
D
 "Working day" means every calendar day, excluding Saturday, Sunday
or legal holiday.

"Just cause" means a reason that is rationally related to an employee's
competence or turpitude or the proper performance of assigned duties
and that is not in violation of the employee's civil or constitutional
rights.
 "Administrative leave" means the assignment of an employee to the
employee's home to await further instructions pending the outcome of
an investigation or inquiry into the actions of the employee in order to
avoid interference in the inquiry. The use of "administrative leave" is
not a disciplinary action.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Categories
of
Misconduct
Licensed staff members may be disciplined for infractions that include, but
are not limited to, the following categories:
 Engaging in unprofessional conduct.
 Committing fraud in securing appointment.
 Exhibiting incompetency in their work.
R
AF
T
 Exhibiting inefficiency in their work.
 Exhibiting improper attitudes.
 Neglecting their duties.
 Engaging in acts of insubordination.
 Engaging in acts of child abuse or child molestation.
 Engaging in acts of dishonesty.
 Being under the influence of alcohol while on duty.
 Engaging in the use, possession, or distribution of narcotics or
habit-forming drugs.
 Being absent without leave.
 Engaging in discourteous treatment of the public.
 Engaging in improper political activity.
D
 Engaging in willful disobedience.
 Being involved in misuse or unauthorized use of school property.
 Being involved in excessive absenteeism.
 Possessing alcohol on school-owned property.
 Carrying or possessing a weapon on school grounds unless they have
obtained specific authorization from the appropriate school
administrator.
 Engaging in ethical misconduct by inappropriate touching, sexual
harassment, discrimination or intended behavior to induce a child into
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
engaging in illegal, immoral or other prohibited behavior.
General
Provisions
for
Discipline
General provisions for discipline are as follows:
 Informal consultation.
Nothing contained herein will limit a
supervising administrator's prerogative to engage in informal
consultation with a licensed employee to discuss matters of concern
related to the employee's performance, conduct, et cetera.
R
AF
T
 Persons authorized to impose discipline.
Any supervising licensed
administrator who is the immediate or primary supervisor of a staff
member is authorized to impose a penalty or penalties, short of
termination.
 Administrative discretion. In adopting these policies/procedures, it is
the intention of the District that they be interpreted and applied in a
reasonable fashion. The policies are not intended to restrict or
eliminate the discretion traditionally afforded to supervising
administrators to determine whether discipline is appropriate.
Administrators are therefore directed to continue to use reasonable
discretion in determining whether a particular alleged violation merits
discipline.
 Right not to impose discipline. The District reserves the right not to
discipline a staff member for conduct that violates this policy.
D
 Additional reasons for discipline. A staff member may be disciplined
for conduct that has occurred but that, at or near the time of
misconduct, was not the subject of or identified as a reason for a specific
proceeding under this policy.
 Amendments. The District reserves the right to amend this policy in
any way at any time.
Any amendment shall have prospective
application only.
 Severability. If any provision of this policy is held to be invalid for
any reason, such action shall not invalidate the remainder of this policy.
If any provision of this policy conflicts with any provisions in any other
policies adopted by the District, the provisions of this policy shall
prevail.
Minor
Discipline
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Minor disciplinary action includes, without limitation thereto, removal from
grounds, written warning, written reprimand, or suspension.
Minor
disciplinary action shall be imposed by the staff member's administrative
supervisor upon informing the employee of any violations of state or federal
statutes, policies, rules or the New Mexico code of ethics and offering a
minimum due process hearing and opportunity to express the employee's side
of the issue before implementing the disciplinary action. The disciplinary
action shall be confirmed in writing to the employee. The discipline may
only be appealed to the next level of administration. The hearing procedure
shall be as follows.
R
AF
T
Step 1 - Notice:
 Upon the supervising administrator's determination of the existence of
cause to impose discipline, the supervising administrator shall notify
the staff member of intent to impose discipline. The notice shall be in
writing and shall be delivered in person or by first-class mail. The
notice shall include the following:
 The conduct or omission on the part of the staff member that
constitutes the reason for discipline.
 A scheduled meeting time between the supervising administrator
and the staff member. Such meeting shall be scheduled not more
than ten (10) working days after the date the licensed staff
member receives the notice.
 A statement of the disciplinary
administrator intends to impose.
action
the
supervising
 Copies of any available relevant documentation, at the discretion
of the supervising administrator.
D
Step 2 - Hearing:
 At the hearing, the supervising administrator shall discuss with the
staff member the conduct that warrants disciplinary action and shall
provide the staff member with any appropriate evidence and a copy of
relevant documentation if not previously provided.
The supervising administrator shall conduct the hearing in an informal manner, without adhe
 A record of the hearing shall be made by electronic recordation.
Step 3 - Decision (in writing):
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 At the hearing, or within seven (7) working days following the hearing,
the supervising administrator shall, in writing, inform the licensed staff
member of the decision. If the decision is to impose discipline, written
notice of the discipline shall be enclosed.
Appeal
of
Minor
Discipline
R
AF
T
A staff member who wishes to object to a minor disciplinary action shall
submit a written complaint to the supervisor's superior within five (5) work
days of receiving notice of the disciplinary action. Failure to request the
hearing in the time frame indicated will be considered acceptance of the
discipline imposed. The appeal shall specifically describe the part of the
determination with which the staff member disagrees, such as:
 Determination was founded upon error of construction or application of
any pertinent regulations or policies.
 Determination was unsupported by any evidence as disclosed by the entire record.

Determination was materially affected by unlawful procedure.

Determination was based on violation of any statutory or constitutional right.

Determination was arbitrary and capricious.

The penalty was excessive.
D
The appeal shall be based on the record of the hearing. The supervising
administrator, the Superintendent, or, when appropriate, the Board may, at
the conclusion of the appeal, uphold the discipline, modify the decision, or
refer the matter back to the level from which it was appealed for rehearing
and additional information. Such decision, along with specific direction as to
the effective date of any discipline, shall be communicated to the staff
member within a reasonable amount of time following the appeal, not to
exceed seven (7) working days. The decision upon appeal is final for all
minor disciplinary actions.
Termination
Pursuant
to
22-10A-24 NMSA (1978)
The following procedures will be used to impose any termination permitted
under 22-10A-24 NMSA (1978) except that it does not apply to:
 A certificated instructor employed to fill the position of a certificated
school instructor entering military service;

A person who is employed as a certificated school administrator; or
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A non-certificated school employee employed to perform primarily District-wide management.
Step 1 - Notice:
 Upon the Superintendent's determination of the existence of cause to
terminate, and not later than fourteen (14) days prior to the last day of
the school year, the Superintendent shall notify the staff member of
intent to terminate. The notice shall be in writing and shall be
delivered in person or by first-class mail to the last address provided for
personnel records. The notice shall include the following:
R
AF
T
 The statement that the employee has the right to request written
reasons for the decision to terminate and such reasons shall be
provided within ten working days of such request.
 The reasons shall not be publicly disclosed by the administration or
Board. For an employee of less than three (3) consecutive years of
service the decision to terminate is not contestable under the School
Personnel Act.
 For employees with three (3) or more years of service the following
appeal procedure shall apply (consult your attorney to determine
what constitutes three (3) or more years of service under New
Mexico law.)
Step 2 4 - Appeal Requirements and Content:
D
 Termination may be appealed to the Board by a professional staff
employee with three (3) or more consecutive years of service by making
a request to the Superintendent within five (5) working days of the date
of receipt of the notice of termination requesting a meeting with the
Board.
 The appeal shall be granted if the employee responds to the
Superintendent in writing within ten (10) working days of
receiving the reasons for termination with the following
information:

A statement of contention that the employee believes the
decision is without just cause.
 A brief statement of the reason(s) why the staff member
believes the decision is without just cause.
 A statement of the facts that the employee believes support
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
this contention.
Step 5 - Appeal Procedure:
 The Board shall meet to hear the employee's statement in no less than
five (5) or more than fifteen (15) working days after receipt of the
statement.
The hearing shall be conducted informally in accordance with the provisions of the Open Meet
 Hearing Procedure:
The employee and the Superintendent may each be
accompanied by a person of their choice.
R
AF
T

 The Superintendent shall present the factual basis for
determination that just cause exists for the termination,
limited to the reasons provided to the employee.
 The employee shall present contentions, limited to the
reason(s) why the licensed staff member believes the
decision is without just cause.
 Rebuttal to the employee's presentation may be presented as
deemed relevant by the Board.
 Witnesses called may be questioned by the Board, the
Superintendent or an appointed representative, and the
employee or an appointed representative.
 The Board may consider only such evidence as is presented
at the hearing and need consider only such evidence as it
considers reliable.
D
 No record shall be made of the hearing.
 The Board shall take such action as is necessary in accordance
with the Open Meeting Act to uphold or deny the recommendation
to terminate. The Board shall notify the employee and the
Superintendent of its decision in writing within five (5) working
days from the conclusion of the meeting.
Termination - Arbitration Appeal Pursuant
to 22-10A-25 NMSA (1978)
An employee still aggrieved by a decision of the Board may appeal the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
decision to an arbitrator by doing the following:
 Submitting a written appeal to the Superintendent within five (5)
working days from receipt of the Board's written decision or refusal to
grant a hearing on the issue of termination.
Accompanying the written appeal shall be a statement of particulars specifying the grounds o

Including in the contentions a statement of facts supporting the contentions.
R
AF
T
Failure of the employee to submit a timely appeal or a statement of
particulars with the appeal shall disqualify the employee for any appeal and
render the Board's decision on termination final.
If the arbitration appeal is timely and complete, the Board and the employee
shall meet within ten (10) working days from the receipt of the request for an
appeal and select an independent arbitrator, qualified in accord with the
applicable statute, to conduct the appeal. If the parties fail to agree on an
arbitrator, they shall request the presiding judge in the judicial district in
which the employee's public school is located to select an independent
arbitrator within five (5) working days of the date of the request.
A de novo (new) hearing shall be conducted within thirty (30) working days of
selection of the independent arbitrator. The arbitrator shall give written
notice of the date, time and place of the hearing, sending such notice to the
employee and Board.
The parties shall be provided a copy of the relevant portion of this policy
which shall include:
 Discovery shall be limited to depositions and requests for production of
documents on a time schedule to be established by the arbitrator.
D
The arbitrator may issue subpoenas for the attendance of witnesses and to produce books, re
the service and enforcement of subpoenas in a civil action or in the manner
provided by the American Arbitration Association's voluntary labor
arbitration rules if that entity is used by the parties.
 The Board shall be required to prove by a preponderance of the
evidence that just cause to discharge the employee existed at the time
of the notice of intent to discharge the employee by the administration.
 Hearing Procedure:
 The employee and the Board may each be accompanied by
counsel.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The Board shall present the basis for determination that just cause exists for the discharge.
The employee shall present reason(s) why the recommendation is without just cause.

Either party shall be permitted to call witnesses and to introduce documentary evidence.
Witnesses called may be questioned by the Board or a representative, and the employee or a r
Technical rules of evidence shall not apply, but, in ruling on the admissibility of evidence, the
R
AF
T
 A record shall be made of the hearing and each party may order
the record at the expense of the party.
 The arbitrator shall notify the employee and the Board of the decision
in writing within ten (10) working days from the conclusion of the
arbitration hearing. The decision shall contain findings of fact and
conclusions of law affirming or reversing the action of the Board.
The parties shall be guided by the statute and arbitrator as to the conduct of
the hearing, each party bearing its own costs. The arbiter's fees and other
expenses in the conduct of the arbitration shall be assigned at the discretion
of the independent arbitrator.
No official record shall be made of the proceeding but the party desiring a
record may arrange for a record, paying the expense.
Discharge
per
22-10A-27 NMSA (1978)
A certificated employee may be discharged only for just cause following
procedures as indicated below:
D
Notice:
 Upon the Superintendent's determination of the existence of cause to
discharge, the Superintendent shall notify the licensed staff member of
intent to recommend discharge. The notice shall state the cause for
the recommendation and shall advise the employee of a right to a
discharge hearing before the Board.
 The notice shall be in writing and shall be provided in accordance with
the law for service of process in civil actions.
Employee's Request for Hearing:
 An employee who receives notice of intent to recommend discharge may
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
exercise the right to a hearing before the Board by giving the
Superintendent written notice of that election within five (5) working
days of receipt of the notice of recommendation.
 The Board shall hold a discharge hearing no less than twenty (20) and
no more than forty (40) working days after the receipt of the staff
member's election of a hearing.
Preliminary Information
R
AF
T
 At least ten (10) days written notice of the date, time and place of the
discharge hearing shall be provided to the employee with such notice in
the same form as used in civil proceedings. The notice shall indicate
the following:
 Both the Superintendent and the certificated school employee
may be accompanied by a person of their choice.
 Each party is to complete and respond to discovery by deposition
and production of documents prior to the hearing date
established.
 The Board may issue subpoenas for the attendance of witnesses
and to produce books, records, documents and other evidence at
the request of either party and has the power to administer oaths.
 The administration shall be required to prove by preponderance of
the evidence that just cause to discharge the certificated employee
existed at the time of the notice of intent to discharge.
 Procedure for the conduct of the hearing shall be as follows:
The Superintendent shall present the factual basis for
determination that just cause exists for the termination
based upon information available at the time the employee
was given notice of the intent to discharge.
D

 The employee shall present reason(s)
recommendation is without just cause.
why
the
 Either party shall be permitted to call witnesses and to
introduce documentary evidence.
 Witnesses called may be questioned by the Superintendent
or an appointed representative, and the employee or an
appointed representative.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The Board may consider only such evidence as is presented
at the hearing and need consider only such evidence as it
considers reliable.
 A record shall be made of the hearing and each party may
have one (1) copy of the record at the expense of the Board.
 The Board shall notify the employee and the Superintendent of its
decision in writing within twenty (20) days from the conclusion of
the hearing. The Board shall take such action as is necessary in
accordance with the Open Meeting Act.
Pursuant
R
AF
T
Discharge -Arbitration Appeal
to 22-10A-27 NMSA (1978)
An employee aggrieved by a decision of the Board to discharge may appeal
the decision to an arbitrator by doing the following: Submitting a written
appeal to the Superintendent within five (5) calendar days from receipt of the
notice of discharge by the Board to the employee.
If the arbitration appeal is timely the Board and the employee shall meet
within ten (10) working days from the receipt of the request for an appeal and
select an independent arbitrator, qualified in accord with the applicable
statute, to conduct the appeal. If the parties fail to agree on an arbitrator,
they shall request the presiding judge in the judicial district in which the
employee's public school is located to select an independent arbitrator within
five (5) working days of the date of the request.
D
The hearing shall be conducted within thirty (30) working days of selection of
the independent arbitrator. The arbitrator shall give written notice of the
date, time and place of the hearing, sending such notice to the employee and
Board.
The parties shall be provided a copy of the relevant portion of this policy
which shall include:
 Discovery shall be limited to depositions and requests for production of
documents on a time schedule to be established by the arbitrator.
The arbitrator may issue subpoenas for the attendance of witnesses and to produce books, re
the service and enforcement of subpoenas in a civil action or in the manner
provided by the American Arbitration Association's voluntary labor
arbitration rules if that entity is used by the parties.
The Board shall be required to prove by preponderance of the evidence that just cause to disch
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

Hearing Procedure:
 The employee and the Board may each be accompanied by
counsel.
The Board shall present the basis for determination that just cause exists for the discharge.

The employee shall present reason(s) why the recommendation is without just cause.
Either party shall be permitted to call witnesses and to introduce documentary evidence.
R
AF
T
Witnesses called may be questioned by the Board or a representative, and the employee or a r
Technical rules of evidence shall not apply, but, in ruling on the admissibility of evidence, the
A record shall be made of the hearing and each party may order the record at the expense of th
 The arbitrator shall notify the employee and the Board of the decision
in writing within thirty (30) working days from the conclusion of the
arbitration hearing. The decision shall contain findings of fact and
conclusions of law affirming or reversing the action of the Board.
Each party shall bear its own costs.
Additional
Provisions
and
Conditions
During the pendency of any hearing, neither the licensed staff member nor
the supervising administrator shall contact the Superintendent or a Board
member to discuss the merits of the supervising administrator's
recommendation except as provided by this policy.
This policy addresses only discipline, termination or discharge and has no
application to any of the following:
D
 Letters or memorandums directed to a licensed staff member
containing directives or instructions for future conduct.

Counseling of a licensed staff member concerning expectations of future conduct.
Placing an employee on administrative leave with pay and assignment of the employee to hom
The Board shall file annually a record with the Secretary of Education of all
terminations and all actions arising from terminations.
Adopted:
date of manual adoption
LEGAL REF.:
10-7E-1 to 10-7E-26 NMSA (1978) Public Employee
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
R
AF
T
Bargaining Act
10-15-1 NMSA (1978) Open Meeting Act
22-10A-5 NMSA (1978)
22-10A-24 NMSA (1978)
22-10A-25 NMSA (1978)
22-10A-26 NMSA (1978)
22-10A-27 NMSA (1978) Discharge hearing; procedures
22-10A-28 NMSA (1978) Appeals; independent arbitrator;
qualifications; procedure; binding decision
22-10A-29 NMSA (1978) Compensation payments to
discharged personnel
22-10A-30 NMSA (1978) Supervision and correction
procedures
22-10A-31 NMSA (1978) Denial, suspension and revocation
of licenses
22-10A-32 NMSA (1978) Licensed school employees; required
training program
6.60.9.9 NMAC Standards of Professional Conduct
6.60.9.12 NMAC Reporting Requirements
6.67.2.8 NMAC Notice of reemployment or termination of
licensed personnel
DKA - Payroll Procedures/Schedules
GBEB - Staff Conduct
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6131
©
GCQF-E
EXHIBIT
EXHIBIT
DISCIPLINE, SUSPENSION, TERMINATION
AND DISCHARGE OF
PROFESSIONAL STAFF MEMBERS
Reporting
Requirements
R
AF
T
Standards of Professional Conduct - Upon taking final action to discharge or
terminate the employment of an employee on the basis of a violation of the
standards of professional conduct, if that employee was authorized to be
present by license or waiver to provide instructional services, the
Superintendent shall provide written notification to the director of the state
licensure unit.
D
Ethical Misconduct - If an employee is resigning, being discharged or
terminated or otherwise leaves employment after an allegation of ethical
misconduct, an investigation shall be conducted.
Regardless of any
non-disclosure agreement upon separation, if the result is wrongdoing, a
report of the identity of the licensed school employee and attendant
circumstances shall be made on a standardized form to the department and
the licensed school employee within thirty (30) days following the separation
from employment. Copies of that form shall not be maintained in the school
or District.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6150
©
GCR
NONSCHOOL EMPLOYMENT BY
PROFESSIONAL STAFF MEMBERS
R
AF
T
A regular, full-time employee's position in the District shall be given
precedence over any type of outside work or self-employment. Employees
are free to carry on individual work or self-employment projects as long as no
District facilities, equipment, or school(s) are used, except as provided by
policy, and the outside work or self-employment does not interfere with the
employees' performance of District-assigned duties.
The outside work or self-employment by a staff member is of concern to the
Board insofar as it may:
 Prevent the employee from performing assigned responsibilities in an
effective manner.
 Be prejudicial to proper effectiveness in the position or compromise the
District.
 Raise a question of conflict of interest - for example, where the
employee's position in the District permits access to information or
other advantage useful to the outside employer.
D
Therefore, an employee may not perform any duties related to outside work
or self-employment during regular District working hours or during the
additional time that is needed to fulfill the responsibilities of the District
position. Employees who violate this policy are subject to reprimand,
suspension, or termination.
Adopted:
date of manual adoption
CROSS REF.:
EDB - Maintenance and Control of Materials and
Equipment
KF - Community Use of School Facilities
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6300
GCRD
©
TUTORING
FOR
PAY
School buildings are not to be used for private tutoring or classes for which
students pay a fee to staff members unless a rental contract has been entered
into with the District.
R
AF
T
Staff members are not permitted to provide tutoring for pay to any students
who attend or are registered in any of their own classes except in organized
tutorial programs which are publicly funded.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6350
GCS
©
PROFESSIONAL RESEARCH
AND PUBLISHING
The Board has proprietary rights to publications, instructional materials, and
devices prepared by employees unless prepared by such employees on their
own time and without use of school facilities and/or equipment.
R
AF
T
 The Board authorizes the Superintendent to review material prepared
by staff members prior to copyright or patent for subsequent
publication or distribution, and to recommend waiving all or part of the
Board's proprietary rights in favor of the employees preparing such
materials.
 Any staff member who submits professional materials for publication in
which the District is mentioned will submit all such material to the
Superintendent prior to release for publication, including materials
developed on the employee's own time.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6600
GDA
©
SUPPORT
STAFF
POSITIONS
R
AF
T
Before establishment of any new position, the Superintendent will present a
job description for the position that specifies the qualifications, the
performance responsibilities, the method by which the performance of such
responsibilities will be evaluated and the budget implications for that
position.
The Superintendent will maintain a comprehensive and up-to-date set of job
descriptions of all positions in the school system.
Adopted:
date of manual adoption
22-5-14 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6800
GDB
©
SUPPORT STAFF CONTRACTS
AND COMPENSATION
R
AF
T
Support staff members are all employees of the District who are not
required by state law or by a District policy, regulation, or job description to
possess teaching certificates from the New Mexico Public Education
Department for the purpose of performing their jobs, unless they are
expressly designated as professional staff members in notices of employment
or contracts executed by the Board.
The Superintendent of Schools shall sign employment contracts for certified
and non-certified personnel.
Compensation
The Superintendent will provide to the Board recommendations on the
salaries and benefits of support staff employees in conjunction with the
development of the District's annual budget. The Board will determine
salaries and benefits of support staff employees annually, differentiated on
the basis of duties and responsibilities.
Adopted:
date of manual adoption
LEGAL REF.:
22-10A-39 NMSA (1978).
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
GDQB - Resignation of Support Staff Members
G-6850
GDBA
©
SUPPORT STAFF
SALARY SCHEDULES
Initial Placement
Salary Schedule
on
R
AF
T
The initial placement on the salary schedule for all new support staff
personnel and for all currently employed personnel selected for another
position in the District will be determined by the Superintendent based on
the budget approved by the Board at the time of employment. The
placement will be based on consideration of the candidate's qualifications,
relevant job experience, and years of District employment, if applicable.
Salary
Advancement
Salary advancements for regular twelve (12) month employees are granted
only at the beginning of each fiscal year. Annual step increases may be
withheld if it is determined the employee does not perform at the expected
level or does not meet standards for the job.
An employee must work one (1) day more than one-half (1/2) of the year to
receive a step advancement in salary.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-6950
GDBC
©
SUPPORT
STAFF SUPPLEMENTARY
PAY / OVERTIME
The Superintendent will recommend to the Board an extra-duty pay schedule
each year for its review and action.
R
AF
T
Whenever applicable, pay for extra duty must be coordinated with regular
pay in accord with the requirements of the Fair Labor Standards Act.
Adopted:
date of manual adoption
LEGAL REF.:
29 U.S.C. 207, Fair Labor Standards Act
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
GDL - Support Staff Workload
G-7000
GDBD
©
SUPPORT
STAFF
FRINGE
BENEFITS
The Board will review support staff fringe benefits each year during the
budget process and may modify the benefits to meet the best interest of the
District.
R
AF
T
Minimum standards of eligibility for fringe benefits will be determined by the
Board annually.
Adopted:
date of manual adoption
22-5-4 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7050
GDC
©
SUPPORT
LEAVES AND
STAFF
ABSENCES
D
R
AF
T
Refer to GCC through GCCD; the terms and conditions of these policies apply
to support staff personnel unless a written policy stating a contrary intent is
included.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7300
©
GDCE
SUPPORT STAFF
CONFERENCES / VISITATIONS / WORKSHOPS
To attend meetings or conferences, support staff employees must obtain
approval from the administration at least twenty (20) days prior to the
meeting or conference dates (whenever such prior request is possible).
R
AF
T
The following guides will be used in granting released time and/or travel
expense:
 Value of the meeting or conference.
 Funds available in the appropriate budgets.
 Availability of a substitute, if one is necessary.
A per diem subsistence allowance, and/or mileage, for private automobiles
may be paid as provided in state law or Board policies. The necessary forms
and instructions for filing travel claims are available at the administration
office.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7500
GDD
©
SUPPORT STAFF
VACATIONS AND HOLIDAYS
Refer to GCD for Vacation determination for Support Staff. Vacations shall
be taken as approved by the Superintendent.
R
AF
T
Employees shall be entitled to all legal holidays during the school year as
announced by the Superintendent and in conformance with New Mexico
Revised Statutes. Uncompensated days off will be established by the school
calendar.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7650
GDF
©
SUPPORT
STAFF
HIRING
R
AF
T
It shall be the policy of the District to employ and retain the best qualified
personnel. This will be accomplished by giving careful consideration to
qualifications and by providing competitive salaries within the financial
capabilities of the District, adequate facilities, and good working conditions.
Volunteers are to have background checks in accord with this policy.
Recruitment of support staff personnel is the responsibility of the
Superintendent. Other members of the administration and supervisory staff
will assist as responsibilities are delegated by the Superintendent.
The Board adopts the following general criteria and procedures, which shall
be utilized in the selection process for initial employment:
 There will be no discrimination in the hiring process due to race, color,
religion, sex, sexual orientation, age, national origin, or disability of an
otherwise qualified individual.
 Candidates for all positions shall be able to perform the duties of their
position job descriptions.
 Each candidate shall be requested to complete a consent-and-release
form regarding conduct of a background investigation.
D
 A "background investigation" - consisting of communication with the
applicant's (or employee's) former employer that concerns education,
training, experience, qualifications, and job performance for the purpose
of evaluation for employment - shall be conducted on each individual to
be considered for a recommendation of employment. Forms developed
for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for
employment or the determination of salary shall be considered by the Board
to constitute grounds for termination.
All offers of employment are contingent upon the satisfactory completion of
background investigations.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
LEGAL REF.: 22-10A-5 NMSA (1978)
28-1-2 NMSA et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7661
GDF-R
©
REGULATION
REGULATION
SUPPORT
STAFF
HIRING
Definition
R
AF
T
A background investigation is defined as any communication with an
applicant's (or employee's) former employer that concerns the education,
training, experience, qualifications, and job performance of the individual
and that is used for the purpose of evaluation for employment. Background
investigation does not include the results of any state or federal criminal
history records check.
Background
Investigation
Requirements
Only persons designated by the Superintendent shall perform background
investigations. Prior to contacting former employers or other persons, the
background investigator shall:
 Ascertain that the standard employment application for the type of
position has been completed in full.
 Obtain from the individual a consent to background investigation and
release as determined by the District.
 Make certain that the individual has identified at least two (2) persons
from each past employer who can verify basic job information and
discuss the individual's work performance and reason for leaving.
D
 Examine the application for a complete work history, accounting for any
gaps in employment.
Two (2) persons should be contacted at each past employer if possible (any
exceptions should be documented). Upon making contact, the contacts or the
former employer or employer's agent should be provided the following
information:
 The name and identifying information of the District.
 The name of the District representative making the inquiry and how
the representative can be contacted.
 The name of the former employee and period of employment as
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
indicated by the individual whose background is being investigated.
 The position for which the individual has applied, with descriptive
information as to the duties, if requested or necessary to understanding
of the inquiry.
The background investigator shall:
 Ask the questions, and complete the background check form(s) as
provided by the District.
R
AF
T
 Make impression notes as necessary based upon the questions and
responses, and determine if there may be cause to contact others or
make further inquiries based upon the responses.
D
 Provide the information to the Superintendent.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7681
GDF-EA
©
EXHIBIT
EXHIBIT
SUPPORT
STAFF
HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
R
AF
T
I, ______________________________________ [applicant's name], have applied
for employment with the _________________________ School District to work
as a ______________________________ [job title]. I understand that in order
for the School District to determine my eligibility, qualifications, and
suitability for employment, the School District will conduct a background
investigation to determine if I am to be considered for an offer of employment.
This investigation may include asking my current employer, any former
employer, and any educational institution I have attended about my
education, training, experience, qualifications, job performance, professional
conduct, and evaluations, as well as confirming my dates of employment or
enrollment, position(s) held, reason(s) for leaving employment, whether I
could be rehired, reasons for not rehiring (if applicable), and similar
information.
I hereby give my consent for any employer or educational institution to
release any information requested in connection with this background
investigation.
According to the Family Educational Rights and Privacy Act, I understand
that I have a right to see most education records that are maintained by any
educational institution.
D
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to see any written reference or other
information provided to the School District by any educational institution.
I acknowledge that some employers are unwilling to provide factual written
references concerning a current or past employee unless they may do so
confidentially, without revealing the references to the employee, and that the
School District will not further consider my application if it cannot complete
its background investigation.
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to receive a copy of any written communication
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
furnished to the School District by any employer.
Whether or not I have waived my right to see or to receive copies of written
references furnished to the School District by employers or educational
institutions, I release, hold harmless, and agree not to sue or file any claim of
any kind against any current or former employer or educational institution,
and any officer or employee of either, that in good faith furnishes written or
oral references requested by this School District to complete its background
investigation.
R
AF
T
A photocopy or facsimile ("fax") copy of this form that shows my signature
shall be as valid as an original.
DATED this _________________ day of _____________________________, 20___.
________________________________
Applicant
D
________________________________
Witness
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-7682
GDF-EB
©
EXHIBIT
EXHIBIT
SUPPORT
STAFF
HIRING
BACKGROUND CHECK FORM
R
AF
T
Applicant: ______________________________________ Date:__________________
Person contacted:____________________________ Telephone: ________________
Address:
____________________________________________________________
E-mail address: _________________________________________________________
Relationship to applicant:

Former employer - position: _______________________________________

District, business, or other entity:

Personal reference
Method of contact:
______________________

Telephone

Letter

Other
QUESTIONS FOR EMPLOYERS
Dates of employment:
________________________________________________
______________________________________________________
Final rate of pay:
______________________________________________________
D
Position held:
Was the person reliable?
 Yes  No
If no, explain ___________________________________________________________
________________________________________________________________________
Was the person satisfactory?
 Yes  No
If no, explain ___________________________________________________________
________________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_________
Any concern about the person being late to work without authorization?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Any concern with abuse of leave policies (such as sick leave or personal leave)?
 Yes  No
If yes, explain _______________________________________________________
R
AF
T
________________________________________________________________________
Any difficulty establishing communication and rapport with children?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Any difficulties in establishing communication and rapport with supervisors,
parents, or community members?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Did the person ever receive a written counseling statement, letter of direction,
or reprimand?
 Yes  No
If yes, describe ______________________________________________________
________________________________________________________________________
D
Did the district ever consider taking action or take action to suspend, decline
to renew, or dismiss the employee?
 Yes  No
If yes, describe ______________________________________________________
________________________________________________________________________
Was there ever an allegation or complaint about:
Abusive language?
 Yes  No
Insulting or derogatory comments?
 Yes  No
Inappropriate contact with a child?
 Yes  No
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Verbal or physical contact of a sexual nature?
 Yes  No
Dishonesty?
 Yes  No
Substance abuse?
 Yes  No
Failure to provide adequate supervision?
 Yes  No
Failure to follow reasonable directions or instructions?
 Yes  No
If yes on any of the above, request explanation ____________________________
R
AF
T
________________________________________________________________________
Was the person ever involved in an incident that resulted in injury to an
adult
or child?
 Yes  No
If yes, explain _______________________________________________________
________________________________________________________________________
Would you rehire this person?
 Yes  No
Can you identify anyone else who could provide relevant information
regarding
the applicant's fitness for employment?
________________________________________________________________________
________________________________________________________________________
D
Is there any other information I have not asked about that would help us
determine this person's eligibility, qualifications, and suitability for
employment
with our District?
________________________________________________________________________
________________________________________________________________________
QUESTIONS FOR PERSONAL REFERENCE
How long have you known the applicant?
______________________________
What is the nature of your relationship?
______________________________
Why do you think the applicant would be a good choice for this position?
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
Do you know of any reasons that could prevent the applicant from fulfilling
the
functions of the position?
_______________________________________________
________________________________________________________________________
Background check form completed by ____________________________________
__________________
D
R
AF
T
Date completed
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-7700
GDFA
©
SUPPORT STAFF CERTIFICATION AND
CREDENTIALING REQUIREMENTS
(Fingerprinting Requirements)
R
AF
T
An applicant offered employment and a contractor or contractor's employee,
or a volunteer who will have unsupervised access to students shall be
required to provide fingerprint cards or electronic fingerprints and shall be
required to pay the cost of obtaining criminal history records.
D
The candidate's fingerprints shall be submitted, along with the form required
immediately upon being selected as a finalist for possible employment. The
form shall be considered a part of the application for employment.
Convictions of felonies or misdemeanor involving moral turpitude if directly
related to employment which are contained in the criminal history
investigation record shall be used to deny, suspend or revoke employment in
accordance with the Criminal Offender Employment Act However, if the
conviction does not directly relate to employment, completion of probation or
parole supervision or expiration of a period of three years after final
discharge or release from imprisonment without subsequent conviction shall
create a presumption of sufficient rehabilitation. Other information contained
in the investigation record, if supported by independent evidence, may also
form the basis for the employment decisions for good and just cause. A
candidates conviction of trafficking in controlled substances, criminal sexual
penetration or related sexual offenses or child abuse regardless of
rehabilitation shall warrant denial, suspension or revocation of employment.
Records of arrest not followed by conviction or misdemeanors NOT involving
moral turpitude may not be used, distributed or disseminated regarding
public employment.
A person who makes a false statement, representation, or certification in any
application for employment with the School District may be denied
employment or terminated.
Reasons for a decision not to employ an individual based upon conviction of
any indicated crime or misdemeanor involving moral turpitude shall be
provided to the candidate. An appeal of denial, suspension or revocation of
employment based upon the Criminal Offender Employment Act may be
requested in accord with the grievance procedure provided in policy.
The administration may also conduct a background investigation of current
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
employees if it becomes aware of facts, circumstances, or conduct that
indicate(s) an individualized reasonable suspicion that undisclosed aspects of
the employee's background might disqualify him or her to continue in
employment with the District.
A person not directly involved in the employment decision affecting the
specific applicant shall not be permitted unauthorized access to criminal
history record information or background information. All fingerprint or
criminal history records are to be confidential records and are to be
maintained as personnel records in accord with the "Rights to inspect public
records, exceptions".
date of manual adoption
R
AF
T
Adopted:
LEGAL REF.:
GBK - Staff Grievances
GDG - Part-Time and Substitute Support Staff Employment
IJOC - School Volunteers
D
CROSS REF.:
14-2-1 NMSA
22-10A-5 NMSA (1978)
28-2-1 et seq. NMSA
6.60.8.7 NMAC
6.60.8.8 NMAC
6.60.8.9 NMAC
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-7731
GDFA-E
©
EXHIBIT
EXHIBIT
SUPPORT STAFF CERTIFICATION AND
CREDENTIALING REQUIREMENTS
_______________________________
Name
_________________________________
Position
R
AF
T
I, ___________________________________, being duly sworn, do hereby certify
that I have never been convicted of or admitted in open court or pursuant to a
plea agreement committing, and am not now awaiting trial for committing,
any of the following criminal offenses in the state of New Mexico or similar
offenses in any other jurisdiction:
Sexual abuse of a minor
Incest
First- or second-degree murder
Kidnapping
Arson
Sexual assault
Sexual exploitation of a minor
Felony offenses involving contributing to the delinquency of a minor
D
Commercial sexual exploitation of a
minor
Felony offenses involving sale,
distribution, or transportation of,
offer to sell, transport, or distribute,
or conspiracy to sell, transport, or
distribute marijuana or dangerous
or narcotic drugs
Felony offenses involving the possession
or
use of marijuana, dangerous drugs or
narcotic
drugs
Misdemeanor offenses involving the
Possession or use of marijuana or
dangerous drugs
Burglary in the first degree
Burglary in the second or third degree
Aggravated or armed robbery
Robbery
Child abuse
Sexual conduct with a minor
Molestation of a child
Manslaughter
Assault or Aggravated assault
Exploitation of minors involving drug
offenses
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
____________________________________
_________________________________
Employee signature
Date signed
Subscribed, sworn to, and acknowledged before me by _____________________
______________________________, this ______ day of ____________, 20____,
in _____________________________ County, New Mexico.
My Commission Expires
_______________________________________
R
AF
T
_
D
_________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Notary Public
G-7900
GDG
©
PART - TIME AND SUBSTITUTE
SUPPORT STAFF EMPLOYMENT
The Superintendent may employ, when conditions warrant, temporary or
part-time personnel on a per diem or time card basis. This authority is
subject to the following conditions:
R
AF
T
 Continued employment of any such person shall be subject to
confirmation of budgeted funds available; however, employment shall
not be offered prior to satisfactory completion of any pending
fingerprint check.
 The employee shall be hired on a per diem basis and shall be
compensated in accordance with the requirements and limitations of
existing contracts that cover similar positions or employees.
Adopted:
date of manual adoption
22-5-4 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8100
GDH
©
SUPPORT STAFF ORIENTATION
AND TRAINING
The Superintendent will establish a program to provide orientation for all
new District employees. At a minimum, this program will cover the
following items:
R
AF
T
 Goals, objectives, and programs of the District.

Personnel policies.

Terms of employment.

General disciplinary rules and procedures.

Salary and fringe benefit plans.

Self-improvement opportunities.

The evaluation program and name(s) of evaluator(s).
 Handling of body fluids.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8250
GDJ
©
SUPPORT STAFF
ASSIGNMENTS AND TRANSFERS
Assignments
Such
R
AF
T
The Superintendent will determine all support staff assignments.
assignments shall be based on the needs of the District.
Employees who marry are subject to Administrative Transfer if the marriage
would cause one employee to be directly or indirectly supervised by the other
employee. Employees are required to notify their supervisor and the
Superintendent when this circumstance occurs.
Transfers
The transfer of support staff members will be based on the needs of the
District. Assignments may be changed to serve the best interests of the
District.
It shall be the policy of the Board that personnel be assigned on the basis of
their qualifications, the needs of the District, and their expressed desires.
When it is not possible to meet all three (3) conditions, personnel shall be
assigned first in accordance with the needs of the District, second where the
Superintendent determines the employee is most qualified to serve, and third
as to expressed preference of the employees.
D
The Superintendent shall have the responsibility for the assignment of all
personnel throughout the District.
The resolution of any conflicts over the need for a transfer shall be based on
what is best for the instructional program, the needs of the students, and the
overall needs of the District as defined by the Superintendent.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8300
GDK
©
SUPPORT STAFF
SCHEDULES AND CALENDARS
All support staff employees shall report to their duty stations on time each
workday and shall, as scheduled, be available there until the designated
time(s) they are scheduled to leave.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8450
GDL
©
SUPPORT
STAFF
WORKLOAD
R
AF
T
The normal workweek for support staff personnel will not exceed forty (40)
hours per week. Typically the week will be based on eight (8) hours per day,
five (5) days per week; however, the Superintendent may designate other
workweek structures to meet varying conditions and needs of the District.
Employees will be notified at least one (1) week in advance of any
modification to the workweek plan.
Individual employee work schedules will be based on the position held by the
respective employees and on District needs as identified during the
employment process. Supervisors may assign support staff assistants to
perform office responsibilities as required.
For the purpose of calculating regular and overtime hours in accordance with
wage and hour requirements, the District's designated workweek shall begin
at 12:01 a.m. on Saturday and conclude at 12:00 midnight the following
Friday.
An employee may work overtime, provided that advance authorization is
obtained from the supervisor in charge or, in the case of an emergency,
authorization is obtained immediately upon completion of the work or as soon
thereafter as practicable.
Adopted:
date of manual adoption
LEGAL REF.: 29 U.S.C. 207, Fair Labor Standards Act
29 C.F.R. 516 et seq., Fair Labor Standards Act
GDBC - Support Staff Supplementary Pay/Overtime
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8461
GDL-R
©
REGULATION
REGULATION
SUPPORT
STAFF
WORKLOAD
(Fair Labor Standards Act:
Overtime Compensation)
R
AF
T
Nonexempt employees, those noncertificated employees subject to the
minimum wages and overtime provisions of the Fair Labor and Standard
Acts, may be required to complete an individual time card showing the daily
hours worked.
Time cards (reports) shall cover one (1) workweek and shall be completed at
the close of each work day.
Employees shall record their starting time, time out for lunch, time in from
lunch, quitting time, and total hours worked for each work day.
Employees are not permitted to sign in or commence work more than fifteen
(15) minutes before their normal starting or to sign out or stop work later
than fifteen (15) minutes after their normal quitting time without the prior
approval of the school administrator/supervisor.
All employees are required to take a lunch or meal break. Exceptions may
be made for lunch periods per a voluntarily signed and written agreement
between the employee and administrator.
All employee time records shall be verified and signed by the school
administrator/supervisor.
D
Reporting another employee's time or falsifying one's own time is prohibited
and may be grounds for disciplinary action including termination.
Nonexempt employees who work more than forty (40) hours per week shall be
awarded "compensatory time" at the rate of one and one-half (1 1/2) hours for
each hour of overtime work. In cases of emergency, when the employee
cannot be immediately released for this time and one-half compensation, the
Superintendent will make the decision as to paying the employee at the rate
of time and one-half or having the employee take the time off at a future date.
The hours must be approved by the immediate supervisor before an employee
works overtime or, in the case of an emergency, immediately upon completion
of the work or as soon thereafter as possible.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Compensatory time off shall be taken during the following pay period or
workweek in which it was earned unless the use of compensatory time off
would unduly disrupt the operations of the District. In the event the
supervisor determines compensatory time off during the week following the
week it is earned would be unduly disruptive to the operations of the District,
such compensatory time off may be taken as soon as is reasonably possible
thereafter.
D
R
AF
T
This overtime compensation plan does not apply to exempt employees or to
volunteers.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8550
GDLB
©
SUPPORT
STAFF
MEETINGS
The Superintendent will arrange for and hold staff meetings as the need may
arise.
This authority may be delegated to the school principals or
supervisor(s), who may hold such meetings on a regularly scheduled basis or
as the need arises.
R
AF
T
All appropriate staff members are required to attend any such meeting(s)
unless officially excused.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8850
GDN
©
SUPERVISION OF SUPPORT
STAFF MEMBERS
R
AF
T
The supervisor(s) of the various departments or divisions shall be responsible
for the supervision of personnel assigned to these areas and shall provide the
necessary orientation to new employees and in-service training for all
employees under their supervision.
All other support staff employees shall be under the supervision of the
administrative heads of the units to which the employees are assigned. The
administrative head shall be responsible for the necessary orientation of new
employees and shall provide in-service training as needed.
Supervision shall include evaluation of the employee.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8900
GDO
©
EVALUATION OF SUPPORT
STAFF MEMBERS
R
AF
T
All support personnel shall be evaluated by the appropriate supervisor or
administrator. A written evaluation of effectiveness of each support staff
member shall be completed during the first year of employment and not later
than ninety (90) days after the first day of work. A second first-year
evaluation will be not later than the anniversary date of employment. At
least once each year thereafter, an evaluation will be conducted. The
evaluation will be used to increase job proficiency and for recommending
continued employment.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8931
GDO-EA
©
EXHIBIT
EXHIBIT
EVALUATION OF SUPPORT
STAFF MEMBERS
Definition
=
Rating
Scale
Terms
Outstanding
R
AF
T
1
of
 Performance exceeds the requirements of the position.

Displays high degree of self-motivation.
 Consistently generates output of superior quality.
2
=
Satisfactory
 Performance is adequate for the requirement of the position; meets
expectations of the job.

Self-motivation confined to accomplishing assigned tasks.
 Generates output of acceptable quality.
3
=
Improvement
needed
 Performance is not of the quality expected of the position; frequently
falls short of job expectations.
D

Frequently lacks motivation to complete assigned tasks.
 Frequently generates output of poor quality.
4
=
Unsatisfactory
 Performance is definitely inadequate for the position; consistently falls
short of job expectations.

Lacks self-motivation.

Consistently generates output of inferior quality.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-8932
GDO-EB
©
EXHIBIT
EXHIBIT
EVALUATION OF SUPPORT
STAFF MEMBERS
(Performance Rating Report)
Department _____________
R
AF
T
Employee _________________________________
Supervisor
________________________________
Date of rating ___________
Rating scale:
1 = outstanding
1
2
 
3
4
2 = satisfactory
3 = improvement needed
4 = unsatisfactory
RATING FACTORS:
 
1. Quality of work: The ability to produce work that
satisfies or surpasses job requirements. Consider
accuracy, completeness, thoroughness, neatness of
work.
D




2. Quantity of work: Volume or
amount of work done.




3. Knowledge: Knowledge of methods,
materials, objectives, and other fundamental information skills.




4. Adaptability: Ability to learn,
perform under changes and in emergencies, grasp detail, comprehend
differences between important and trivial.




5. Work habits: Organization of work,
care of equipment, safety, industry.




6. Working relationship with
students and other employees: Ability to get along with the students and
other employees.




7. Dependability: Degree to which
employee can be relied upon to do the job without close supervision.
Punctuality, attendance on the job.
1
2
 
3
4
 
8. Attitude: Interest in work, willingness to meet job
requirements and accept suggestions, loyalty to the
organization, ethical conduct.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16




9. Personal fitness: Physical capacity,
appearance, personal habits.




10.
Judgment: Soundness of decisions,
common sense.
   
OVERALL RATING (average): Should reflect the
above ratings.
Number of days absent for any reason _____________ total points________ .
Comments:
R
AF
T
1. What are the employee's strengths? ("Outstanding" ratings must be
ex-plained in this space.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. What are the employee's weaknesses? ("Unsatisfactory" and
"Improvement Needed" must be explained in this space.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. General comments:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I have discussed this performance rating report with the
evaluator.
Employee's signature___________________________________
Date__________
D
Evaluator's signature___________________________________ Date__________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-9000
©
GDOB
DRUG AND ALCOHOL TESTING
OF TRANSPORTATION EMPLOYEES
D
R
AF
T
Refer to Policy EEAEAA.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-9100
GDQ
©
R
AF
T
SUPPORT STAFF TERMINATION
OF EMPLOYMENT
D
Refer to Policy DKA.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-9150
GDQA
©
SUPPORT STAFF
REDUCTION IN FORCE
R
AF
T
The number and type of support staff positions required to implement the
District's educational program will be determined annually by the Board
after recommendation from the Superintendent. In the event the Board
decides to release support staff members, the following guidelines will be in
effect:
 Normal attrition due to terminations will be relied upon as the first
means of reducing the staff.
 If attrition does not accomplish the required reduction in the staff, the
Superintendent shall submit to the Board recommendations for the
termination of specific staff members. The criteria used in formulating
these recommendations shall include, but shall not be limited to:
 Qualifications of staff members to accomplish the District's
program.
 Overall experience, training, and ability.
 Past contributions to the program of the District.
 All other factors being equal, length of service in the District.
D
Criteria for selection of staff members to be released will be applied
separately to employees within specialty categories.
Personnel to be laid off for the ensuing school year shall be notified of such
layoff as soon as practical.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-9200
GDQB
©
RESIGNATION OF
SUPPORT STAFF MEMBERS
R
AF
T
Employees voluntarily terminating their service with the District are
expected to give advance notice of not less than ten (10) working days. This
notice should be submitted to the supervisor in writing and should specify
both the last day of work and the reason for terminating. Authorized
unused vacation credit will be paid to employees with the last paycheck.
Adopted:
date of manual adoption
GDL - Support Staff Workload
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^G-9300
GDQD
©
DISCIPLINE, SUSPENSION, TERMINATION
AND DISCHARGE OF
SUPPORT STAFF MEMBERS
Unless limited by the provisions of a collective bargaining agreement or by
other statutory provision, a public employer may:
R
AF
T
 direct the work of, hire, promote, assign, transfer, demote, suspend,
discharge or terminate public employees;
 determine qualifications for employment and the nature and content of
personnel examinations;
 take actions as may be necessary to carry out the mission of the public
employer in emergencies; and
 retain all rights not specifically limited by a collective bargaining
agreement or by the Public Employee Bargaining Act.
For purposes of this policy:
 "Terminate" means, in the case of a noncertificated school employee, the
act of severing the employment relationship with the employee.
 "Working day" means every calendar day, excluding Saturday, Sunday
or legal holiday.
"Administrative leave" means the assignment of an employee to the
employee's home to await further instructions pending the outcome of
an investigation or inquiry into the actions of the employee in order to
avoid interference in the inquiry. The use of "administrative leave" is
not a disciplinary action.
D

Categories
of
Misconduct
Staff members may be disciplined for infractions that include, but are not
limited to, the following categories:





Absence without leave
Abuse of leave
Alcohol or drug impairment
Child abuse or molestation
Discourteous treatment of the
 Insubordination
 Neglect of duty
 Unauthorized possession of a
weapon on school grounds
 Unauthorized use of school
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16





public
Dishonesty
Excessive absenteeism
Fraud in securing employment
Improper attitude
Incompetence or inefficiency
General
follows:
Provisions
for
property
 Unlawful conduct
 Use of illegal drugs
 Violation of a directive of a
supervisor
 Violation of a District policy
or regulation
Discipline are as
R
AF
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 Informal consultation.
Nothing contained herein will limit a
supervising administrator's prerogative to engage in informal
consultation with an employee to discuss matters of concern related to
the employee's performance, conduct, etc.
 Persons authorized to impose discipline.
Any supervising licensed
administrator who is the immediate or primary supervisor of a staff
member is authorized to impose a penalty or penalties, short of
termination.
 Administrative discretion. In adopting these policies/procedures, it is
the intention of the District that they be interpreted and applied in a
reasonable fashion. The policies are not intended to restrict or
eliminate the discretion traditionally afforded to supervising
administrators to determine whether discipline is appropriate.
Administrators are therefore directed to continue to use reasonable
discretion in determining whether a particular alleged violation merits
discipline.
 Right not to impose discipline. The District reserves the right not to
discipline a staff member for conduct that violates this policy.
D
 Additional reasons for discipline. A staff member may be disciplined
for conduct that has occurred but that, at or near the time of
misconduct, was not the subject of or identified as a reason for a specific
proceeding under this policy.
 Amendments. The District reserves the right to amend this policy in
any way at any time.
Any amendment shall have prospective
application only.
 Severability. If any provision of this policy is held to be invalid for
any reason, such action shall not invalidate the remainder of this policy.
If any provision of this policy conflicts with any provisions in any other
policies adopted by the District, the provisions of this policy shall
prevail.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Minor
Discipline
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AF
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Minor disciplinary action includes, without limitation thereto, removal from
the grounds, written warning, written reprimand, or suspension. Minor
disciplinary action shall be imposed by the staff member's administrative
supervisor upon informing the employee of any violations of state or federal
statutes, policies, rules or the New Mexico code of ethics and offering a
hearing and opportunity to express the employee's side of the issue before
implementing the disciplinary action. The disciplinary action shall be
confirmed in writing to the employee. The discipline may only be appealed
to the next level of administration. The hearing procedure shall be as
follows.
Step 1 - Notice and Hearing:
 Upon the supervising administrator's determination of the existence of
cause to impose discipline, the supervising administrator shall notify
the staff member of intent to impose discipline, the conduct or omission
on the part of the staff member that constitutes the reason for
discipline, and provide the employee an opportunity to explain the
employee's side of the issue. A reasonable effort to determine the
circumstances of the incident will be made. The discipline may be
imposed immediately or following any further investigation.
Step
2- Decision (in writing):
 At the hearing, or within seven (7) working days following the hearing,
the supervising administrator shall inform the employee in writing of
the disciplinary action, if imposed and summarize the discussion at the
hearing.
Appeal
of
Minor
Discipline
D
A staff member who wishes to object to a minor disciplinary action shall
submit a written appeal request to the supervisor's superior within five (5)
work days of receiving notice of the disciplinary action. Failure to request
the appeal in the time frame indicated will be considered acceptance of the
discipline imposed. The discipline shall be suspended if the appeal is timely
made. The appeal shall specifically describe the part of the determination
with which the staff member disagrees, such as:
 Determination was founded upon error of construction or application of
any pertinent regulations or policies.
 Determination was unsupported by any evidence as disclosed by the entire record.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

Determination was materially affected by unlawful procedure.

Determination was based on violation of any statutory or constitutional right.

Determination was arbitrary and capricious.

The penalty was excessive.
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AF
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The appeal shall be based on the staff member's submission as listed above
and the summary of the hearing made by the supervisor. The supervising
administrator, the Superintendent, or, when appropriate, the Board may, at
the conclusion of the appeal, uphold the discipline, modify the decision, or
refer the matter back to the level from which it was appealed for rehearing
and additional information. Such decision, along with specific direction as to
the effective date of any discipline, shall be communicated to the staff
member within a reasonable amount of time following the appeal, not to
exceed seven (7) working days. The decision upon appeal is final for all
minor disciplinary actions.
Termination
Pursuant
to
22-10A-24
NMSA (1978)
The following procedures will be used to impose any termination permitted
under 22-10A-24 NMSA (1978) except that it does not apply to:
 A noncertificated school employee employed to perform primarily
District-wide management. (22-10A-26 NMSA)
Step 1 - Notice:
D
 Upon the Superintendent's determination of the existence of cause to
terminate, the Superintendent shall notify the staff member of intent to
terminate. The notice shall be in writing and shall be delivered in
person or by first-class mail. The notice shall include the following:
 The statement that the employee has the right to request written
reasons for the decision to terminate and such reasons shall be
provided within ten working days of such request.
 The reasons shall not be publicly disclosed by the administration or
Board. For an employee of less than three (3) consecutive years of
service the decision to terminate is not contestable under the School
Personnel Act.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 For employees with three (3) or more years of service the following
appeal procedure shall apply (consult your attorney to determine
what constitutes three (3) or more years of service under New
Mexico law.)
Step 2-3 Appeal Requirements and Content:
R
AF
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 Termination may be appealed to the Board by an employee with three
(3) consecutive years of service by making a request to the
Superintendent within five (5) working days of the date of receipt of the
notice of termination requesting reasons for the termination decision
and a meeting with the Board.
 The appeal shall be granted if the employee responds to the
Superintendent in writing within ten (10) working days of
receiving the reasons for termination with the following
information:

A statement of contention that the employee believes the
decision is without just cause.
 A brief statement of the reason(s) why the staff member
believes the decision is without just cause.
 A statement of the facts that the employee believes support
this contention.
Step 4 - Appeal Procedure:
 The Board shall meet to hear the employee's statement in no less than
five (5) or more than fifteen (15) working days after receipt of the
statement.
D
The hearing shall be conducted informally in accordance with the provisions of the Open Meet
 Hearing Procedure:

The employee and the Superintendent may each be
accompanied by a person of their choice.
 The Superintendent shall present the factual basis for
determination that just cause exists for the termination,
limited to the reasons provided to the employee.
 The employee shall present contentions, limited to the
reason(s) why the staff member believes the decision is
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
without just cause.
 Rebuttal to the employee's presentation may be presented as
deemed relevant by the Board.
 Witnesses called may be questioned by the Board, the
Superintendent or an appointed representative, and the
employee or an appointed representative.
R
AF
T
 The Board may consider only such evidence as is presented
at the hearing and need consider only such evidence as it
considers reliable.
 No record shall be made of the hearing.
 The Board shall notify the employee and the Superintendent of its
decision in writing within five (5) working days from the
conclusion of the meeting.
The Board shall take such action as is necessary in accordance with the Open
Meeting Act to uphold or deny the recommendation to terminate. Such
decision, shall be communicated to the staff member within a reasonable
amount of time following the appeal, not to exceed five (5) working days.
Termination - Arbitration Appeal
to 22-10A-25 NMSA (1978)
Pursuant
An employee still aggrieved by a decision of the Board may appeal the
decision to an arbitrator by doing the following:
D
 Submitting a written appeal to the Superintendent within five (5)
working days from receipt of the Board's written decision or refusal to
grant a hearing on the issue of termination.
Accompanying the written appeal shall be a statement of particulars specifying the grounds o

Including in the contentions a statement of facts supporting the contentions.
Failure of the employee to submit a timely appeal or a statement of
particulars with the appeal shall disqualify the employee for any appeal and
render the Board's decision on termination final.
If the arbitration appeal request is timely and complete, the Board and the
employee shall meet within ten (10) working days from the receipt of the
request for an appeal and select an independent arbitrator, qualified in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
accord with the applicable statute, to conduct the appeal. If the parties fail
to agree on an arbitrator, they shall request the presiding judge in the
judicial district in which the employee's public school is located to select an
independent arbitrator within five (5) working days of the date of the request.
A de novo (new) hearing shall be conducted within thirty (30) working days of
selection of the independent arbitrator. The arbitrator shall give written
notice of the date, time and place of the hearing, sending such notice to the
employee and Board.
R
AF
T
The parties shall be provided a copy of the relevant portion of this policy
which shall include:
 Discovery shall be limited to depositions and requests for production of
documents on a time schedule to be established by the arbitrator.
The arbitrator may issue subpoenas for the attendance of witnesses and to produce books, re
the service and enforcement of subpoenas in a civil action or in the manner
provided by the American Arbitration Association's voluntary labor
arbitration rules if that entity is used by the parties.
The Board shall be required to prove by a preponderance of the evidence that just cause to dis

Hearing Procedure:
 The employee and the Board may each be accompanied by
counsel.
 The Board shall present the basis for determination that just
cause exists for the discharge.
D
 The employee shall present reason(s) why the recommendation is
without just cause.
 Either party shall be permitted to call witnesses and to introduce
documentary evidence.
 Witnesses called may be questioned by, the Board or a
representative, and the employee or a representative.
 Technical rules of evidence shall not apply, but, in ruling on the
admissibility of evidence, the independent arbitrator may require
reasonable substantiation of the statements or records tendered,
the accuracy of truth of which is in reasonable doubt.
 A record shall be made of the hearing and each party may order
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
the record at the expense of the party.
 The arbitrator shall notify the employee and the Board of the decision
in writing within ten (10) working days from the conclusion of the
arbitration hearing. The decision shall contain findings of fact and
conclusions of law affirming or reversing the action of the Board.
The parties shall be guided by the statute and arbitrator as to the conduct of
the hearing, each bearing their own costs. The arbiter's fees and other
expenses in the conduct of the arbitration shall be assigned at the discretion
of the independent arbitrator.
date of manual adoption
R
AF
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Adopted:
22-10A-24 NMSA (1978)
22-10A-25 NMSA (1978)
22-10A-26 NMSA (1978)
CROSS REF.:
DKA - Payroll Procedures/Schedules
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
G-9350
GDR
©
NONSCHOOL EMPLOYMENT BY
SUPPORT STAFF MEMBERS
R
AF
T
A regular, full-time employee's position in the District shall be given
precedence over any type of outside work or self-employment. Employees
are free to carry on outside work or self-employment projects as long as no
District facilities, equipment, or school(s) are used, except as provided by
policy, and the outside work or self-employment does not interfere with the
employees' performance of District-assigned duties.
The outside work or self-employment by a staff member is of concern to the
Board insofar as it may:
 Prevent the employee from performing assigned responsibilities in an
effective manner.
 Be prejudicial to proper effectiveness in the position or compromise the
District.
 Raise a question of conflict of interest - for example, where the
employee's position in the District permits access to information or
other advantage useful to the outside employer.
Therefore, an employee may not perform any duties related to outside work
or self-employment during regular District working hours or during the
additional time that is needed to fulfill the responsibilities of the District
position. Employees who violate this policy are subject to reprimand,
suspension, or termination.
date of manual adoption
D
Adopted:
CROSS REF.:
EDB - Maintenance and Control of Materials and
Equipment
KF - Community Use of School Facilities
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
NEGOTIATIONS
D
R
AF
T
SECTION H
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
INSTRUCTIONAL PROGRAM
D
R
AF
T
SECTION I
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-0050
IA
©
INSTRUCTIONAL GOALS
AND OBJECTIVES
R
AF
T
All parts of the curriculum are interrelated and important to the
development of the student. The physical, emotional, social, aesthetic, and
cognitive development of the student are all elements of importance within
the school program.
The District will provide basic communication and computational skills, an
experience-based curriculum, and exploration of different disciplines and
decision-making techniques to enable the student to choose between
alternatives.
Specifically, the District instructional program will be designed and
implemented to provide for at least the minimum instructional areas
required by statute and shall include:
 Skills in communication - to include reading and language arts skills,
including phonemic awareness, phonics, comprehension, grammar and
writing.
 Skills in computation - mathematics.
 Appreciation of the world of work.
 Pride of workmanship and skills for economic survival.
D
 Appreciation of the importance of physical fitness.
 Research and problem-solving skills in science and mathematics.
 Ability to think analytically, critically, and independently.
 Skills in foreign or Native American language.
 Ability leading to citizen responsibility.
 Understanding and respect for our cultural heritage and history.
 Appreciation for the intrinsic value of education.
 Appreciation of the fine arts.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Skills in the use of topographical and standard maps.
 Skills in technology.
Adopted:
date of manual adoption
AD - Educational Philosophy/School District Mission
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-0200
IC
©
SCHOOL
YEAR
(School Day)
R
AF
T
Instruction for regular students in school-directed programs shall consist of
not less than the minimum amount of time prescribed in 22-2-8.1(B) N.M.S.A.
for each respective program level exclusive of lunch with the following
exceptions:
 Home visits or parent-teacher conferences may be held for up to:
 thirty-three (33) hours of the full day kindergarten program; and

twenty-two hours of grades one (1) through six (6) programs.
 Consultation with parents to develop next step plans for students and
for parent-teacher conferences may be held for up to twelve (12) hours
of grades seven (7) through twelve (12) programs.
The Board shall establish the school
recommendations from the Superintendent.
Adopted:
date of manual adoption
22-2-8.1 NMSA
22-22-1 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
calendar
each
year
after
I-0250
ICA
©
SCHOOL
CALENDAR
R
AF
T
The Board of Education shall adopt school calendars every year. The
Superintendent will formulate proposed calendars, with input from
employees and the community, for presentation to the Board.
The
Superintendent shall submit proposed calendars to the Board in advance of
the meeting in which the calendars are to be considered for adoption.
Adopted:
date of manual adoption
22-2-8.1 NMSA
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-0900
IGA
©
CURRICULUM
DEVELOPMENT
R
AF
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The need and value of a systematic, ongoing program of curriculum
development and evaluation involving students, parents, teachers, and
administrators are recognized. It is essential that the school system
continually develop and modify its curriculum to meet changing needs. The
Board authorizes the Superintendent to develop the curriculum for the school
system and to organize committees to review the curriculum. All curriculum
changes shall be approved by the Board.
It shall be the responsibility of the Superintendent to develop proposals
relating to curriculum modifications and additions that, in the opinion of the
professional staff and consultants, are essential to the maintenance of a
standards based program of education from prekindergarten (PK) through
grade twelve (12).
All Personnel have professional obligations to the school program beyond
regular classroom duties, and these obligations will include work on
curriculum committees.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-1050
IGD
©
CURRICULUM
ADOPTION
R
AF
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All new programs and courses of study will be subject to Board approval, as
will elimination of programs and courses and extensive alteration in their
content. Curricular proposals from the professional staff may be presented
to the Superintendent, who will be responsible for making recommendations
to the Board on such matters.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-1100
IGE
©
CURRICULUM GUIDES AND
COURSE OUTLINES
R
AF
T
Curriculum guides shall be developed for the various subject areas. These
guides shall present a minimal outline for instruction based on approved
performance standards and a basis for further development of the particular
courses.
The guides shall be designed to assist users in implementing the District
philosophy regarding the teaching of a subject and will, when possible,
suggest a variety of possibilities for instruction, patterns of individualization,
variations of approaches, and materials.
The Superintendent will formulate procedures for the development and use of
curriculum guides.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-1111
IGE-R
©
REGULATION
REGULATION
CURRICULUM GUIDES AND
COURSE OUTLINES
Development
of
Curriculum
Guides
R
AF
T
Curriculum guides will be developed by the staff members and teachers who
are to use them.
If participation of the entire staff is not feasible, representatives of the staff
and/or departments concerned shall be appointed to committees for study,
creation, and revision of any particular guide.
When work is completed on a guide, the committee responsible for its
development shall present it to the Superintendent.
Use
of
Guides
Curriculum guides are to serve as a framework from which a teacher will
develop units of study, individual lesson plans, and approaches to instruction
that will serve the students' particular needs at a particular time. The
guides shall be used to map the logical sequence of instruction.
D
The principal, department heads, or other supervisors shall see that optimum
use is made of available curriculum guides. Teachers will adhere to the
guides.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-1250
IHA
©
BASIC
INSTRUCTIONAL
PROGRAM
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AF
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The various instructional programs will be developed to maintain a balanced,
integrated, and sequential curriculum that will serve the educational needs
of all school-aged children in the District. The curriculum will be broad in
scope and provide for a wide range in rate, readiness, and potential for
learning.
The instructional program will include planned sequences of instruction,
based on Public Education Department approved academic content and
performance standards when instructing in specific Department required
subject areas.
In kindergarten, first, second, and third grades,
instruction in:
classes shall provide
 reading and language arts skills, including phonemic awareness,
phonics and comprehension, and mathematics daily; and grades first
through third shall include:
 art;

music;

a language other than English; and
instruction that meets content and performance standards in science, social studies, physical e
D
In fourth through eighth grades , instruction that meets academic content
and performance standards shall be provided in the following subject areas:
 reading and language arts skills, with an emphasis on writing and
editing for at least one (1) year and an emphasis on grammar and
writing for at least one (1) year;

mathematics;

language other than English;

communication skills;

science;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

art;
 music;
social studies;

New Mexico history;

United States history;

geography;

physical education; and
R
AF
T


health education.
Beginning in 2008-2009, algebra I shall be offered in a regular classroom
setting or by on-line courses or agreement with high schools
Electives shall be offered that contribute to academic growth and skill
development and provide career and technical education.
In high school , curricula shall be aligned with the placement tests
administered by two (2) and four (4) year public educational institutions in
New Mexico, be comprehensive in nature, and shall be aligned with the
following state content and performance standards:
 mathematics;
reading and language arts;

health education;

science; and

social studies.
D

Beginning with the 2006-2007 school year the District shall offer at least one
(1) honors or similarly academically rigorous class in both mathematics and
language arts in each high school.
Beginning in the 2008-2009 school year, each school district shall also offer a
program of courses for dual-credit, in cooperation with an institution of
higher education, and a program of distance learning courses.
Beginning with 2009-2010 school year, each school district shall offer at least
two years of language other than English in each high school.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The planned program for all students shall also include library instruction,
individual study, guidance, other appropriate instructional activities, and all
instruction required under state law and Secretary of Public Education
regulations.
Adopted:
date of manual adoption
21-1-1.2 NMSA
22-2-8.11 NMSA (1978)
22-2C-3 NMSA (1978)
22-13-1 NMSA (1978)
22-13-1.1 NMSA (1978)
6.27.30.7 NMAC
D
R
AF
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2050
IHAMB
©
FAMILY
LIFE
EDUCATION
R
AF
T
The District shall implement the State mandated health education
performance standards including age-appropriate sexual abuse and assault
awareness and prevention training in all health education classes. Parents
may request that their child not participate in the parts of the curriculum
that address the sexuality performance standards by completing a request for
exemption on the forms provided by the school. Alternative lessons to the
sexuality performance part of the health education curriculum shall be
extensions of the health education curriculum at the grade level of the
student whose parents request the exemption.
The Superintendent shall develop and implement regulations as needed that
conform to New Mexico law.
Adopted:
date of manual adoption
6.29.6.8 NMAC
6.29.6.11 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2081
IHAMB-E
©
EXHIBIT
EXHIBIT
FAMILY
LIFE
EDUCATION
(Exemption Request Form for
Standards That Address Sexuality Performance Standards)
First
M.I.
R
AF
T
Student's name
_________________________________________________________
Last
Current grade:_______ Birth date:_________
phone:__________________
Work phone: _______________________
Home
Cell phone: ____________________
Parent's name __________________________________________________________
Last
First M.I.
Home address __________________________________________________________
Street
City
Zip
D
I do not want the student listed above to participate in instruction for the
sexuality performance standards of the health education curriculum. I
understand that as an alternative to that instruction the student will receive
instruction in an elective course offering approved as meeting grade level and
graduation requirements selected by the school.
______________________________________
Parent/Guardian
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_______________________
Signature
^I-2100
IHAMC
©
HIV / AIDS
EDUCATION
The District shall provide instruction in kindergarten (K) through grade
twelve (12) on acquired immune deficiency syndrome and the human
immunodeficiency virus as authorized by New Mexico Administrative Code.
R
AF
T
The Superintendent shall develop and implement regulations on such
instruction that conform to New Mexico law as needed.
Adopted:
date of manual adoption
D
LEGAL REF.: 6.12.2.10 NMAC
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2111
IHAMC-R
©
REGULATION
REGULATION
HIV / AIDS
EDUCATION
(Instruction on Acquired Immune
Deficiency Syndrome and Human
Immunodeficiency Virus)
R
AF
T
The District will develop its own course of study to be included in the health
education program for each grade. At a minimum, instruction shall:
 Be appropriate to the grade level in which it is offered.
 Be medically accurate.
 Discourage drug abuse.
 Define AIDS, ARC, HTLV-III.
 Define the symptoms and prognosis of AIDS.
 Explain how the virus is spread.
 Instruct in ways to reduce the risks of getting AIDS, stressing
abstinence.
 Show the societal implications for this disease.
 Indicate local resources for appropriate medical care.
D
 Develop the ability to demonstrate refusal skills.
 Develop the ability to overcome peer pressure.
 Develop the ability to use decision-making skills.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2350
IHB
©
SPECIAL
INSTRUCTIONAL
PROGRAMS
R
AF
T
A long-range plan will be the basis for providing special education services for
students with exceptional needs and education requirements.
These
services may include specialized programs, personnel, facilities, materials,
and equipment needed to promote the individual physical, social, intellectual,
and emotional growth of exceptional students.
The Superintendent shall develop procedures that provide educational
opportunities for individuals with disabilities and that accomplish District
compliance with federal laws including the Individuals with Disabilities
Education Act (IDEA), the New Mexico revised statutes, and the lawful
regulations of the Secretary of Public Education. Such procedures shall
include, but not be limited to, the following provisions:
 All children with disabilities aged birth (0) through twenty-one (21)
years within the District's jurisdiction are to be identified, located, and
evaluated including children attending religious or private schools who
are in need of special education and related services.
A free appropriate public education (FAPE) shall be available to all children with disabilities
accordance with the applicable IDEA rules and regulations, and any child
with a disability the District has placed in or referred to a private school or
facility. The District may refer to and contract with approved public or
private agencies as necessary to ensure the provision of FAPE for children
with disabilities.
D
A full individual evaluation encompassing existing and additional data shall be conducted for
each child shall be conducted at least every third year.
 An individualized education program (IEP) shall be developed and
implemented for each eligible child served by the District and for each
eligible child the District places in or refers to a private school or
facility. An IEP or an individualized family service plan (IFSP) will be
in place for each child with a disability prior to the provision of FAPE.
 To the maximum extent appropriate, opportunities for the least
restrictive setting, inclusion in educational exercises with regular
program students, and for interaction with the total school environment
will be provided to exceptional students, the exception to be only when
the student's condition, with supplementary aids and services, make
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
such regular class education unsatisfactory.
 All required procedural safeguards must be guaranteed to the
exceptional students and their parents. The parents will be provided
with notices of procedural safeguards in each specified instance and all
due process conditions will be satisfied with respect to the provision of a
free appropriate public education.
R
AF
T
 The District shall follow the established state and federal standards to
protect the confidentiality of personally identifiable information at the
collection, storage, disclosure, and destruction stages.
To the extent essential to provide FAPE to children with disabilities aged three (3) through tw
Criteria for the graduation of exceptional students, including accomplishment in reading, wr
Public Education.
Each year conduct a review of the reasonable and acceptable ratio of students per teacher for
The discipline of exceptional students, and unevaluated students suspected of having a qualify
The Superintendent is authorized and directed to establish procedures for the
implementation of the New Mexico Policies and Procedures prepared by the
Public Education Department Special Education Bureau and as modified for
local circumstances, and to document District compliance with the law and
this policy. The New Mexico Policy and Procedures will be made available to
staff members and to parents as necessary to enhance compliance.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-13-6 NMSA (1978)
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
29 U.S.C. 794, Rehabilitation Act of 1973, Section 504
CROSS REF.: IIB - Class Size
IKE - Promotion, Retention, and Acceleration of Students
IKF - Graduation Requirements
JKD - Student Suspension/Expulsion
JR et seq. - Student Record
IHBC - Programs for at Risk Disadvantage Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2381
IHB-E
©
EXHIBIT
EXHIBIT
SPECIAL
INSTRUCTIONAL
PROGRAMS
(Procedural Safeguards Notice)
The Federal Regulations at 34 C.F.R. 300.504 on Procedural safeguards
notice read as follows:
R
AF
T
"Sec. 300.504 Procedural safeguards notice.
(a) General. A copy of the procedural safeguards available to the
parents of a child with a disability must be given to the parents,
at a minimum-(1)
Upon initial referral for evaluation;
(2)
Upon each notification of an IEP meeting
(3)
Upon reevaluation of the child; and
(4)
Upon receipt of a request for due process under Sec. 300.507
(b) Contents. The procedural safeguards notice must include a full
explanation of all of the procedural safeguards available under
Secs. 300.403, 300.500-300.529, and 300.560-300.577, and the
State
complaint
procedures
available
under
Secs.
300.660-300.662 relating to-(1)
Independent educational evaluation;
Prior written notice
(3)
Parental consent
(4)
Access to educational records
(5)
Opportunity to present complaints to initiate due process hearings
(6)
The child's placement during pendency of due process proceedings
D
(2)
(7)Procedures for students who are subject to placement in an interim alternative educational
(8) Requirements for unilateral placement by parents of children in private schools at public e
(9)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Mediation
(10)Due process hearings, including requirements for disclosure of evaluation results and recom
(11)
State-level appeals (if applicable in that State)
(12)
Civil actions
(13)
Attorneys' fees; and
(14)The State complaint procedures under Secs. 300.660-300.662, including a description of ho
R
AF
T
(c) Notice in understandable language. The notice required under
paragraph (a) of this section must meet the requirements of Sec.
300.503(c)."
The following is a summary of sources for procedures that may be found in
law, regulation and District policy other than the P.E.D. sample:
 An opportunity for parent of a child with a disability to examine all
records § 34 C.F.R. 300.501, Policy JR and Regulation JR-R (Student
Records).
Procedures to protect the rights of the child whenever the parents of the child are not known §
Prior written notice to the parents is to be provided upon specific instances § 34 C.F.R. 300.50
Procedures designed to ensure the prior written notice is in the native language of the paren
(P.E.D.) should be contacted for assistance. See § 34 C.F.R. 300.503.
 Procedures for mediation shall be provided. Contact the P.E.D. for a
list of mediators. See § 34 C.F.R. 300.507 et seq.
An explanation of the State complaint procedure shall be provided § 34 C.F.R. 300.660 et seq.
 Due process procedures are to be included § 34 C.F.R. 300.507.
D
Procedures that require the parent of a child with a disability, or the attorney representing th
Discipline procedures should be explained § 34 C.F.R. 300.507, and Policy JKD (Student Susp
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2400
IHBA
©
SPECIAL
AND
INSTRUCTIONAL PROGRAMS
ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
R
AF
T
It is the responsibility of the District to identify and evaluate students who,
within the intent of Section 504 of the Rehabilitation Act of 1973, need
special services or programs in order that such students may receive the
required free appropriate education.
For this policy, a student who may need special services or programs within
the intent of Section 504 is one who:
 Has a physical or mental impairment that substantially limits one (1)
or more major life activities, including learning; or
 Has a record of such impairment; or
 Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even
though they do not require services pursuant to the Individuals with
Disabilities in Education Act (IDEA). Students who are identified as
individuals with exceptional needs, according to IDEA criteria, are not
addressed under this policy. The needs of such students are provided for
under Policy IHB and its regulations and under state and federal laws and
regulations.
D
Adopted: date of manual adoption
LEGAL REF.:
29 U.S.C. 706
29 U.S.C. 794
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of
Support Staff Members
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
KED - Public Concerns/Complaints about Facilities and
Services
IHBC - Programs for at Risk Disadvantage Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2411
IHBA-RA
©
REGULATION
SPECIAL
AND
REGULATION
INSTRUCTIONAL PROGRAMS
ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
R
AF
T
Each qualified student within the District who is eligible to receive regular or
special education or related aids or services, regardless of the nature or
severity of the condition necessitating such programs or services, shall
receive free appropriate education in the District.
Identification and referral procedures:
 Any student who needs or is believed to need special education or
related services not available through existing programs in order to
receive a free appropriate public education may be referred by a parent,
teacher, or other licensed school employee for identification and
evaluation of the student's individual education needs.
 The identification and evaluation will be completed by persons
knowledgeable about the student, the student's school history, the
student's individual needs, the meaning of evaluation data, and the
placement options. The Superintendent will monitor the identification
and evaluation to ensure that qualified personnel participate.
D
 The District will consider the referral and, based upon a review of the
student's existing records, including academic, social, and behavioral
records, make a decision as to whether an evaluation under this
procedure is appropriate. If a request for evaluation is denied, the
District will inform the parents or guardian of this decision and of their
procedural rights.
Evaluation.
Evaluation of the student and formulation of a plan of
services will be carried out by the District according to the following
procedures:
 The District will evaluate the nature of the student's disability and the
impact of the disability upon the student's education. This evaluation
will include consideration of any behaviors that interfere with regular
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
participation of a student who otherwise meets the criteria (such as age)
for participation in the educational program and/or activities.
 No final determination of whether the student will or will not be
identified as a student with a disability within the meaning of Section
504 will be made by the District without first inviting the parent or
guardian of the student to participate in a meeting concerning such
determination.
R
AF
T
 A final decision will be made by the District in writing, and the parents
or guardian of the student shall be notified of the Section 504
procedural safeguards available to them, including the right to an
impartial hearing and review.
Plan for services:
 For a student who has been identified as having a disability within the
meaning of Section 504 and in need of special education or related aids
and services, the District shall be responsible for determining what
special services are needed.
 In making such determination, the District shall consider all available
relevant information, drawing upon a variety of sources, including, but
not limited to, comprehensive assessments conducted by the District's
professional staff.
 The parents or guardian shall be invited to participate in District
meetings where services for the student will be determined, and shall
be given an opportunity to examine all relevant records.
D
 The District will develop a written plan describing the disability and
the special education or related services needed. The plan will specify
how the regular or special education and related aids and services will
be provided, and by whom.
 The District may also determine that no special education or related
services are appropriate. If so, the record of the District proceedings
will reflect the identification of the student as a person with a disability
and will state the basis for the decision that no special services are
presently needed.
 A student with a disability shall be placed in the regular educational
environment of the District, with the use of the supplementary aids and
services, unless the District demonstrates that such placement cannot
be achieved satisfactorily. The student with a disability shall be
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
educated with those who are not disabled to the maximum extent
appropriate to the individual needs of the student.
 The District shall notify the parents or guardian in writing of its final
decision concerning the services to be provided.
 If a plan for providing related services is developed, all school personnel
who work with the student shall be informed of the plan.
R
AF
T
Review of the student's progress. The District will monitor the progress
of the student with a disability and the effectiveness of the student's
education plan annually to determine whether special education or related
services are appropriate and necessary, and that the student's needs are
being met as adequately as the needs of a nondisabled student.
Prior to any subsequent significant change in placement, a comprehensive
reevaluation of the student's needs will be conducted.
Procedural safeguards:
 The parents or guardian shall be notified in writing of all District
decisions concerning the identification, evaluation, or educational
placement of students made under this policy.
 The parents or guardian shall be notified that they may examine
relevant records.
D
 As to such decisions by the District, the parents or guardian shall have
the right to an impartial hearing ("Section 504 due process hearing"),
with opportunity for participation by the parents or guardian and their
counsel.
In the notification of any District decision concerning
identification, evaluation, or placement, the parents or guardian will be
advised that:
 A request for a Section 504 due process hearing should be made
within thirty-five (35) days of notice of right to file (but not less
than thirty [30] days).
 The request shall be made to:
Name:
Address:
Phone:
Amelia Bilbrey
Elida Municipal School District
103 N Church Street
Elida, NM 88116
575-274-6211
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The hearing will be held in accord with Regulation IHBA-RB.
The decision may be appealed only to a federal court of competent
jurisdiction.
 Attorneys' fees are available only as authorized by law.
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AF
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If a state due process hearing has been or will be held under the IDEA
concerning issues relevant to the Section 504 proceeding, a hearing officer
qualified as to IDEA and Section 504 proceedings may preside in a joint
hearing. The issues for either IDEA or Section 504 determination shall be
clearly defined at the outset, and determinations by the hearing officer will
be separate and distinct.
If both the parents or guardian and the District agree that the student is not
eligible for special education under the IDEA, neither party is required to
exhaust administrative proceedings under the IDEA prior to the holding of a
Section 504 due process hearing.
The hearing officer shall render a decision. The parents or guardian shall be
notified in writing of the decision. Either party may seek review of the
decision of the Section 504 hearing officer by a federal court of competent
jurisdiction.
D
The parties shall abide by the decision of the Section 504 hearing officer
unless the decision is appealed to a federal court of competent jurisdiction
and the decision is stayed by the court.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2412
IHBA-RB
©
REGULATION
SPECIAL
AND
REGULATION
INSTRUCTIONAL PROGRAMS
ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
R
AF
T
Section 504 Due-Process
Hearing Procedures
An impartial due process hearing will be utilized to resolve differences
involving the education of a Section 504 qualified student with a disability
when such differences cannot be resolved by means of a less formal procedure.
In this instance, due process is defined as an opportunity to present
objections and reasons for the objections to the decision and/or procedures of
the committee regarding application of Section 504. A Section 504 due
process hearing may be called at the request of the District or a parent,
guardian, or surrogate of an affected student. The proceedings will be
presided over and decided by an impartial hearing officer. Impartial hearing
officer means a person selected to preside at a due process hearing to assure
that proper procedures are followed and to assure the protection of the rights
of both parties.
In all related hearing matters the following definitions shall apply:
 Days means calendar days.
 Placement plan means the program by which the decision concerning
the educational placement of the student is decided.
D
 Parents means parents, guardian, or surrogate parent.
Parents or the District may initiate a due process hearing on a matter related
to (1) eligibility and related procedures, (2) procedural safeguards, or (3)
provision of a free and appropriate public education to the student.
Requests for a due process hearing must be submitted in writing to the
Superintendent. Hearing notifications to the parents shall be given at least
twenty (20) days prior to the date set for the hearing. The notice shall
contain:
 A statement of time, place, and nature of the hearing.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 A statement of the legal authority and jurisdiction under which the
hearing is being held.
 A reference to the particular section of the statutes and rules involved.
 A statement of the availability of relevant records for examination.
 A short and plain statement of the matters asserted.
R
AF
T
 A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in
the primary language.
Hearing
Procedures
The hearing officer shall preside at the hearing and shall conduct the
proceedings in an impartial manner to the end that all parties involved have
an opportunity to:
 Present their evidence.
 Produce outside expert testimony and be represented by legal counsel
and by individuals with knowledge or training with respect to problems
of students with disabilities.
Parents involved in the hearing will be given the right to:
 Have the student present at the hearing.
 Open the hearing to the public.
In cases where there are language differences, an interpreter shall be
provided.
D
The hearing officer shall review all relevant facts concerning the education
placement.
 The hearing officer shall determine, subject to appeal by judicial review,
whether the District has met all procedural aspects of the education
accommodation plan.
 The hearing officer shall render a decision, subject to judicial review,
that is binding on all parties, except that in all cases any action taken
must comply with current New Mexico Revised Statutes and federal
court decisions.
 The hearing officer shall ascertain that:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 The procedures utilized in determining the student's needs have
been appropriate in nature and degree.
 The student's rights have been fully observed.
 The provision of aids, services, or programs to the student may
afford a free and appropriate education.
 If the parents' primary language is other than English, then the
hearing officer shall appoint an interpreter.
Decision
of
the
Hearing
Officer
R
AF
T
A copy of the hearing officer's decision shall be delivered to the District and
the parent, guardian, or surrogate within ten (10) days following completion
of the hearing, which in no event shall be later than forty-five (45) days after
receipt of the request for a hearing.
 Notification will include a statement that either party may appeal the
decision.
The decision of the hearing officer is binding on all parties concerned; it is
subject only to judicial review.
Record
of
Hearing
D
A written or electronic verbatim recording of the Section 504 due process
hearing shall be on file at the District office and will be available for review
upon request to the parents and/or any of the involved parties. Parents may
have a copy of the proceedings, in English and in the primary language of the
home.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2431
IHBA-E
©
EXHIBIT
EXHIBIT
SPECIAL
AND
INSTRUCTIONAL PROGRAMS
ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
R
AF
T
POLICY MEMORANDUM
TO:
Staff
FROM:
RE:
Responsibilities of the District to Students with Disabilities
under Section 504 of the Rehabilitation Act of 1973.
This memorandum is to clarify certain responsibilities of the District under
Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits discrimination against persons with disabilities,
including both students and staff members, by school districts receiving
federal financial assistance. Included in the U.S. Department of Education
regulations for Section 504 is the requirement that students with disabilities
be provided with free appropriate public education (FAPE). The regulations
pertaining to FAPE are published at 34 Code of Federal Regulations, Part
104, Subpart D.) These regulations require identification, evaluation, the
provision of appropriate services, and procedural safeguards.
D
With respect to most students with disabilities, many aspects of the Section
504 regulations concerning FAPE parallel the requirements of the
Individuals with Disabilities Education Act (IDEA) (formerly the Education
of the Handicapped Act) and New Mexico law. In those areas, by fulfilling
our responsibilities under the IDEA and state law we are also meeting the
standards of the Section 504 regulations.
However, in some other respects the requirements of the laws are different.
There are some students who are not eligible for IDEA services but who
nevertheless are eligible under Section 504, and to whom the District may
therefore have responsibilities.
The IDEA defines as eligible only students who have certain specified types
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
of impairments and who, because of one (1) of those conditions, need special
education. Section 504, on the other hand, protects all students with
disabilities, defined as those having any physical or mental impairment that
substantially limits one (1) or more major life activities (including learning).
Section 504 covers all students who meet this definition, even if they do not
fall within the IDEA-enumerated categories and even if they do not need to be
in a special education program.
R
AF
T
An example of a student who is protected by Section 504 but who may not be
covered by the IDEA is one who has juvenile arthritis but who has no mental
impairments. Such a student has a health impairment but may not be
covered by the IDEA if the student does not need placement in a special
education program. However, the student is disabled for purposes of Section
504. A similar example might be a student with acquired immune deficiency
syndrome (AIDS). Students with attention deficit/hyperactivity (ADD/H) or
emotional disorders are another example. Such students may not meet the
criteria for IDEA categories such as learning disabled or severely emotionally
disturbed. However, if their disorders or conditions substantially limit their
ability to function at school, they are disabled within the meaning of Section
504.
If the District has reason to believe that, because of a disability as defined
under Section 504, a student needs either special education and related
services or related services in the regular setting in order to participate in the
school program, the District must evaluate the student; if the student is
determined to be disabled under Section 504, the District must develop and
implement a plan for the delivery of any needed services. Again, these steps
must be taken even though the student is not covered by IDEA special
education provisions and procedures.
D
What is required for the Section 504 evaluation and placement process is
determined by the type of disability believed to be present, and the type of
services the student may need. The evaluation must be sufficient to
accurately and completely assess the nature and extent of the disability, and
the recommended services. Evaluations more limited than a full special
education evaluation may be adequate in some circumstances. For example,
in the case of the student with juvenile arthritis, the evaluation might consist
of the school nurse meeting with the parent and reviewing the student's
current medical records.
In the cases of ADD/H students, current
psychoeducational evaluations may be used if such evaluations assessed the
ADD/H issue. In other cases, additional testing may be necessary.
The determination of what services are needed must be made by a group of
persons knowledgeable about the student. The group should review the
nature of the disability, how it affects the student's education, whether
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
special services are needed, and if so what those services are. The decisions
about Section 504 eligibility and services must be documented in the
student's file and reviewed periodically.
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AF
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For the juvenile arthritic student, Section 504 services might be the provision
of a typing course and use of a typewriter/word processor to improve writing
speed or to provide a less painful means of writing. For the AIDS student,
Section 504 services might be the administration and monitoring of
medication, or a class schedule modified to address the student's stamina.
For an ADD/H student, services might include modifications in the regular
classroom, special assistance from an aide, a behavior plan, counseling,
and/or the monitoring of medication.
It should also be noted that, under Section 504, the parents or guardian must
be provided with notice of actions affecting the identification, evaluation, or
placement of the student and are entitled to an impartial hearing if they
disagree with District decisions in these areas. For disabilities covered only
by Section 504 and not the IDEA, a Section 504 hearing will have to be made
available that is separate from the IDEA hearing process. The District is
exploring different frameworks for the adoption of procedures for conducting
Section 504 hearings in the District, should the need arise.
D
In summary, it is important to keep in mind that some students who have
physical or mental conditions that limit their ability to participate in the
education program are entitled to rights under Section 504 even though they
may not fall into IDEA categories and may not be covered by that law.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2450
IHBB
©
GIFTED
AND
TALENTED
EDUCATION
The Board requires that appropriate instructional programs be conducted to
meet the needs of exceptionally gifted students of school age, in keeping with
the District's goal of developing the special abilities of each student.
R
AF
T
The framework for said programs shall encompass the following objectives:
 Expansion of academic attainments and intellectual skills.
 Stimulation of intellectual curiosity, independence, and responsibility.
 Development of originality and creativity.
 Development of positive attitude toward self and others.
 Development of desirable social and leadership skills.
 Career exploration and awareness.
Ability of candidates for this program shall be evidenced by:
 Achievement in schoolwork.
 Scores on tests measuring intellectual ability and aptitude.
 The judgments of teachers, psychologists, administrators, and
supervisors familiar with the demonstrated abilities of the students.
D
To assist with review of the goals, priorities and operational plans for
implementation of the gifted program and to demonstrate support for the
gifted program the District shall create as many advisory committees as
there are high schools or one (1) District-wide committee consisting of
parents, community members, students, and school staff members and
reflecting the cultural diversity of the enrollment.
Procedures shall be established by the Superintendent for identifying
students of demonstrated achievement or potential ability.
Adopted:
date of manual adoption
LEGAL REF.:
22-13-6.1 NMSA (1978)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2500
IHBC
©
PROGRAMS FOR AT-RISK /
DISADVANTAGED STUDENTS
(Student Assistance Team)
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AF
T
The Student Assistance Team (SAT) shall operate within every building in
the District. The purpose of the SAT is to provide academic and/or
behavioral support for students who are experiencing difficulties in the
general education setting. The SAT is made up of the classroom teacher, the
building principal or designee, the student’s parents and other individuals
with the expertise to provide recommendations and support for the student in
need. The SAT will review all the relevant information collected and suggest
appropriate interventions including classroom support and parent follow-up.
This process may take nine (9) to eighteen (18) weeks, require multiple SAT
meetings, on-going revision of intervention strategies, and detailed data
collection and documentation of student progress.
The SAT process is directly tied to Promotion/Retention/Remediation.
The District adheres to the three-tiered model of student intervention as
required by current state regulations at NMAC 6.29.1.9 D.
The three-tiered model of student intervention is described as follows:
D
 If general screening, a referral from a parent, a school staff member or
other information available to a public agency suggests that a
particular student may be experiencing significant difficulties in school,
a properly constituted student assistance team (SAT) in the school
shall:
 Ensure that adequate screening in the areas of general health and
well-being, language proficiency status, and academic levels of
proficiency has been completed as part of broad general screening
of all students in the District, in addition to addressing culture
and acculturation, socioeconomic status, possible lack of
instruction, and teaching and learning styles in order to rule out
other possible causes of the student’s educational difficulties and
 Conduct the SAT child study process and consider, implement and
document the effectiveness of appropriate interventions through
curriculum-based measures (CBM);
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 If, however, a student has an obvious disability or a serious and
urgent problem, the SAT address the student’s needs promptly on
an individualized basis.
 If curriculum-based progress monitoring demonstrates that the
student’s response to intervention has not been positive and significant
after no more than eighteen (18) weeks, the SAT may refer the student
for a full special education assessment, or it may resume the child study
process to implement additional tier two interventions.
R
AF
T
 If curriculum-based progress monitoring demonstrates that the
student’s response to intervention has been positive and significant
after no more than eighteen (18) weeks, the SAT may continue to
require the implementation of those interventions until the student no
longer requires the interventions.
Adopted:
date of manual adoption
LEGAL REF.: 6.29.1.9 NMAC
6.31.2.10 NMAC
PED Manual, the student assistance team and the three-tier
model of student intervention
IHB - Special Instructional Programs
IHBA - Special Instructional Programs and Accommodations
for Disadvantaged Students
IKE - Promotion, Retention, and Acceleration of Students
IKACA - Parent Conferences
JIC - Student Conduct
JK - Student Discipline
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-2531
IHBC-E
©
EXHIBIT
EXHIBIT
PROGRAMS FOR AT-RISK /
DISADVANTAGED STUDENTS
(Fifteen Principals of Restraint and Seclusion)
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 Every effort should be made to prevent the need for the use of restraint
and for the use of seclusion.
 Schools should never use mechanical restraints to restrict a child's
freedom of movement, and schools should never use a drug or
medication to control behavior or restrict freedom of movement (except
as authorized by a licensed physician or other qualified health
professional
 Physical restraint or seclusion should not be used except in situations
where the child's behavior poses imminent danger of serious physical
harm to self or others and other interventions are ineffective and should
be discontinued as soon as imminent danger of serious physical harm to
self or others has dissipated.
 Policies restricting the use of restraint and seclusion should apply to all
children, not just children with disabilities.
 Any behavioral intervention must be consistent with the child's rights
to be treated with dignity and to be free from abuse.
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 Restraint or seclusion should never be used as punishment or discipline
(e.g., placing in seclusion for out-of-seat behavior), as a means of
coercion or retaliation, or as a convenience.
 Restraint or seclusion should never be used in a manner that restricts a
child's breathing or harms the child.
 The use of restraint or seclusion, particularly when there is repeated
use for an individual child, multiple uses within the same classroom, or
multiple uses by the same individual, should trigger a review and, if
appropriate, revision of strategies currently in place to address
dangerous behavior; if positive behavioral strategies are not in place,
staff should consider developing them.
 Behavioral strategies to address dangerous behavior that results in the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
use of restraint or seclusion should address the underlying cause or
purpose of the dangerous behavior.
 Teachers and other personnel should be trained regularly on the
appropriate use of effective alternatives to physical restraint and
seclusion, such as positive behavioral interventions and supports and,
only for cases involving imminent danger of serious physical harm, on the
safe use of physical restraint and seclusion.
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 Every instance in which restraint or seclusion is used should be carefully
and continuously and visually monitored to ensure the appropriateness of
its use and safety of the child, other children, teachers, and other
personnel.
 Parents should be informed of the policies on restraint and seclusion at
their child's school or other educational setting, as well as applicable
Federal, State, or local laws.
 Parents should be notified as soon as possible following each instance in
which restraint or seclusion is used with their child.
 Policies regarding the use of restraint and seclusion should be reviewed
regularly and updated as appropriate.
D
 Policies regarding the use of restraint and seclusion should provide that
each incident involving the use of restraint or seclusion should be
documented in writing and provide for the collection of specific data
that would enable teachers, staff, and other personnel to understand
and implement the preceding principles.
ELIDA MUNICIPAL SCHOOL DISTRICT
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PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
Pregnant students should have the same educational opportunities as their
peers. Such students may also need additional counseling and health
services that are available through the public schools.
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Pregnant students may elect to remain in the regular school program and
shall not be involuntarily excluded from any part of the school program,
provided, however, that reasonable safeguards are maintained both for the
school's and the student's best interests.
Pregnant students shall notify school authorities of their status as soon as it
is ascertained.
Pregnant and parenting students shall be permitted
additional excused absences for such purposes in accord with policy and
statute. The Superintendent will establish procedures as necessary to
implement this policy.
Parenting students shall not bring their children to school during the regular
school day. Student's children will only be permitted in specified classes
when requested by an instructor with the approval of the building
administration. They are not to be in any other area of the school campus.
Adopted:
date of manual adoption
22-12-2 NMSA (1978)
22-12-8 NMSA (1978)
22-12- NMSA (1978)
CROSS REF.:
AD - Educational Philosophy/School District Mission
IHBF - Homebound Instruction
JIE - Pregnant / Parenting Student
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
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REGULATION
REGULATION
PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
The District affirms the right of a pregnant student to continue her
participation in the public school program.
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As soon as the pregnancy is medically confirmed, the student shall consult
with a member of the counseling staff or the principal for the purpose of
planning her educational program.
The student may remain in her present school program, with modifications
as necessary, until the birth of her baby is imminent or until her physician
states that continued participation would be detrimental to her health.
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Efforts will be made to see that the educational program of the student is
disrupted as little as possible; that she receives information on available
health and counseling services, as well as instruction; and that she is
encouraged to return to school after delivery.
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COMPENSATORY
EDUCATION
(Title I)
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The Superintendent shall pursue funding under Title I, Improving the
Academic Achievement of the Disadvantaged, of the Elementary and
Secondary Education Act, to supplement instructional services and activities
in order to improve the educational opportunities of educationally
disadvantaged or deprived children.
All schools, regardless of whether they receive Title I funds, shall provide
services that, taken as a whole, are substantially comparable. Teachers,
administrators, and other staff shall be assigned to schools in a manner that
ensures equivalency among the District's schools. Curriculum materials and
instructional supplies shall be provided in a manner that ensures
equivalency among the District's schools.
Parents and pupils of private schools who are eligible for services as residents
within the District shall be provided services on an equitable basis in
accordance with 20 U.S.C. 6320 of the Elementary and Secondary Education
Act.
Title
I
Parental
Involvement
D
The District maintains programs, activities, and procedures for the
involvement of parents/guardians of students receiving services, or enrolled
in programs, under Title I. These programs, activities, and procedures are
described in District-level and School-level compacts.
District-Level Parental Involvement Compact.
The Superintendent shall
develop a District-Level Parental Involvement Compact according to Title I
requirements. The District-Level Parental Involvement Compact shall
contain:
 The District's expectations for parental involvement;
 Specific strategies for effective parent involvement activities to improve
student academic achievement and school performance; and

Other provisions as required by federal law.
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The Superintendent shall ensure that the Compact is distributed to
parents/guardians of students receiving services, or enrolled in programs,
under Title I.
School-Level Parental Involvement Compact.
Each school principal shall
develop a School-Level Parental Involvement Compact according to Title I
requirements.
This School-Level Parental Involvement Compact shall
contain:
 A process for continually involving
development and implementation;
parents/guardians
in
its
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 How parents/guardians, the entire school staff, and students share the
responsibility for improved student academic achievement;
 The means by which the school and parents/guardians build and
develop a partnership to help children achieve the state's high
standards; and

Other provisions as required by federal law.
Each school principal shall ensure that the Compact is distributed to
parents/guardians of students receiving services, or enrolled in programs,
under Title I.
Adopted:
date of manual adoption
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LEGAL REF.: 20 U.S.C. 6301 et seq., No Child Left Behind
ELIDA MUNICIPAL SCHOOL DISTRICT
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REGULATION
REGULATION
COMPENSATORY
EDUCATION
(Title I)
District-Level Parental
Involvement Compact
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The District-level compact shall provide an understanding of the joint
responsibility of the District and parents/guardians to improve students'
academic achievement and school performance.
To that end, the District provides opportunities for parents/guardians
involvement at the District level and the District involves parents/guardians
in the joint development of the District's plan to help low-achieving children
meet challenging achievement and academic standards (20 U.S.C 6312), and
the process of school review and improvement (20 U.S.C. 6316) by:
 Establishing a District-level committee with parents/guardians liaisons
from each building as well as representatives from other impacted
programs, including Head Start.
 Establishing meaningful, ongoing two-way communication between the
District, staff, and parents/guardians.
 Developing a medium to communicate to parents/guardians about the
plan and seek their input and participation.
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 Training personnel on how to collaborate effectively with families with
diverse backgrounds that may impede parents/guardians participation
(e.g. illiteracy or language difficulty).
The District provides the coordination, technical assistance, and other
support necessary to assist participating schools in planning and
implementing effective parents/guardians involvement activities to improve
student academic achievement and school performance by:
 Providing ongoing District-level workshops to assist schools in planning
and implementing improvement strategies.
 Establishing training programs for school liaisons to bring the
communication and facilitation skills to the schools they represent.
ELIDA MUNICIPAL SCHOOL DISTRICT
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 Providing information to parents/guardians about the various
assessment tools and instruments that will be developed to monitor
progress.
 Seeking input from parents/guardians in developing workshops.
The District builds the capacity of schools and parents/guardians for strong
parental involvement by:
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 Providing ongoing communication about the District-wide committee
through District newsletters or other written or electronically
communicated means.
 Engaging the school parent organizations to actively seek out and
involve parents/guardians through regular communication updates and
information sessions.
 Utilizing parent organizations to assist in identifying effective
communication strategies based on their members' needs.
The District coordinates and integrates parents/guardians involvement
strategies under this compact with parents/guardians involvement strategies
under other programs, (such as the Head Start program, Reading First
program, Early Reading First program, Even Start program, Parents as
Teachers program, Home Instruction Program for Preschool Youngsters, and
State-run preschool programs) by:
 Involving District and building representatives from other programs to
assist in identifying specific population needs.
 Sharing data from other programs to assist in developing new
initiatives to improve academic achievement and school improvement.
D
The District conducts, with the involvement of parents/guardians, an annual
evaluation of the content and effectiveness of the parents/guardians
involvement policy in improving the academic quality of the schools served
under Title I, including identifying barriers to greater participation by
parents/guardians in activities authorized by this section (with particular
attention to parents/guardians who are economically disadvantaged, are
disabled, have limited English proficiency, have limited literacy, or are of any
racial or ethnic minority background), and use the findings of such evaluation
to design strategies for more effective parents/guardians involvement, and to
revise, if necessary, the parents/guardians involvement policies described in
this section by:
 Evaluating the effectiveness of the content and communication methods
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
through a variety of methods, including: focus groups, surveys,
workshops, and informal coffees with District and school administrative
staff, parents/guardians, and teachers.
 Identifying barriers to effective evaluation by language support or other
assistance as needed.
 Identifying potential policy and compact changes to revise and improve
program(s).
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The District involves parents/guardians in the activities of the schools served
under Title I by:
 Providing
communication
and
calendar
information
to
parents/guardians of upcoming meetings, discussions or events and
encouraging their participation.
 Providing school principal and parent organization coordination of
events.
School-Level Parental
Involvement Compact
The school-level parent involvement compact provides an understanding of
the joint responsibility of the school and parents/guardians for improving
student academic achievement and school performance. The school provides
opportunities for parent/guardian involvement by:
D
 Convening an annual meeting, at a convenient time, to which all
parents/guardians of participating children are invited and encouraged
to attend, to inform parents/guardians of their school's participation
under Title I and to explain the requirements of Title I, and the right of
the parents/guardians to be involved. The school principal shall:
 Invite all parents/guardians of participating children to the
annual meeting at school.
 Explain the rights of parents/guardians to be involved in
establishing this compact.
 Introduce and involve
District-level committee.
the
school
representatives
on
the
 Provide an overview of Title I and give parents/guardians an
opportunity to express questions and concerns.
ELIDA MUNICIPAL SCHOOL DISTRICT
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 Indicate the mechanisms by which the committee work will be
communicated.
 Seek the involvement and input of parents/guardians.
 Provide child care so that all parents/guardians who would
otherwise be unable to attend may attend.
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 Offering a flexible number of meetings, such as meetings in the
morning or evening, and may provide, with funds provided under this
part, transportation, child care, or home visits, as such services relate to
parental involvement. The school principal shall:
 Provide parents/guardians with opportunities to ask questions
and dialogue informally about student academic achievement and
school performance.
 Engage school-based parent organizations
communication and implementation needs.
to
assist
with
 Develop and use outreach programs to involve community groups
and organizations.
 Involving parents/guardians in an organized, ongoing, and timely way,
in the planning, review, and improvement of programs under Title I,
including the planning, review, and improvement of the school parental
involvement policy and the joint development of the school wide
program plan (under 20 U.S.C. 1114). The school principal shall:
 Identify and establish a process by which an adequate
representation of parents/guardians of participating children can
occur.
D
 Establish a schedule for the school-based committee to plan,
review, and recommend improvements to the District parent
involvement policy.
 The school principal shall:
 Provide parents/guardians of
information about programs.
participating
children
timely
 Communicate updates through use of school newsletters, the
District web site, e-mail and telephone contact, and home visits if
needed.
ELIDA MUNICIPAL SCHOOL DISTRICT
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The school principal will provide a description and explanation of the
curriculum in use at the school, the forms of academic assessment used to
measure student progress, and the proficiency levels students are expected to
meet.
The school principal shall:
 Provide parents/guardians, upon request, opportunities for regular
meetings to formulate suggestions and to participate, as appropriate, in
decisions relating to the education of their children, and respond to any
suggestions as soon as practicably possible.
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 Develop a feedback loop for parents/guardians to ask questions and
receive follow-up.
If the school wide plan is not satisfactory to the parents/guardians of
participating children, the school principal shall:
 Submit any comments when the school makes the plan available to the
Board.
 Provide a process for parents/guardians to express concerns and
complaints.
Shared Responsibilities for High
Student Academic Achievement
The school is responsible for providing a high-quality curriculum and
instruction in a supportive and effective learning environment that enables
the children served under Title I to meet the state's student academic
achievement standards.
D
Each parent/guardian is responsible for supporting their children's learning,
by:
 Monitoring attendance, homework, and television viewing.
 Volunteering in their child's classroom and participating, as
appropriate, in decisions relating to their children's education and
extracurricular activities.
Communication between teachers and parents/guardians occurs on an
ongoing basis through:
 Parent-teacher conferences in elementary schools, at least annually,
during which the compact shall be discussed as the compact relates to
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the individual child's achievements.
 Frequent reports to parents/guardians on their children's progress.
 Reasonable access to staff, opportunities to volunteer and participate in
their child's class, and observation of classroom activities.
Building Capacity
for Involvement
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To ensure effective involvement of parents/guardians and to support a
partnership among the school's involved, each school shall:
 Provide assistance to parents/guardians of children served in
understanding the state's academic content standards and state student
academic achievement standards, state and local assessments,
monitoring a child's progress, and work with educators to improve the
achievement of their children.
 Provide materials and training (such as literacy, technology, et cetera)
to help parents/guardians work with their children.
 Educate teachers and other staff in the value and utility of
contributions of parents/guardians and how to effectively communicate
with and work with parents/guardians as equal partners.
 Implement and coordinate parent/guardian programs that will build
ties between them.
D
 Coordinate and integrate parent involvement programs and activities
with Head Start, Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the Parents as
Teachers Program and public preschool and other programs and
conduct other activities, such as parent/guardian resource centers that
encourage and support parents/guardians in more fully participating in
the education of their children.
 Ensure that information is sent to the parents/guardians of
participating children in a format and language that parents/guardians
can understand.
 Involve parents/guardians in the development of training for teachers,
school principals, and other educators to improve the effectiveness of
such training.
 Provide necessary literacy training from funds received under this part
ELIDA MUNICIPAL SCHOOL DISTRICT
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if the District has exhausted all other reasonably available sources of
funding for such training.
 Pay reasonable and necessary expenses associated with local parental
involvement activities, including transportation and child care costs to
enable parents/guardians to participate in school-related meetings and
training sessions.
 Train parents/guardians
parents/guardians.
to
enhance
the
involvement
of
other
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 Use outreach programs to involve community groups and organizations.
 Arrange school meetings at a variety of times, or conduct in-home
conferences between teachers and other educators, in order to maximize
parental involvement and participation.
 Adopt and implement model approaches to improving parental
involvement.
 Establish a District-wide parent advisory council to provide advice on
all matters related to parental involvement in supported programs.
 Develop appropriate roles for community-based organizations and
businesses in parent/guardian involvement activities.
 Provide such other reasonable support for parental involvement
activities under this section as parents/guardians may request.
D
In carrying out the parental involvement requirements of this compact, the
school, to the extent practicable, will provide full opportunities for the
participation of parents/guardians with limited English proficiency or
disabilities, including providing information and school reports in a format
and, to the extent practicable, in a language such parents/guardians
understand.
ELIDA MUNICIPAL SCHOOL DISTRICT
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EXHIBIT
EXHIBIT
COMPENSATORY
EDUCATION
(Checklist for Development, Implementation, and Maintenance
of Parent Involvement Compacts for Title I Programs)
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The development, implementation, and maintenance of parent/guardian
involvement compacts must be accomplished with meaningful consultation
with parents/guardians of children participating in Title I programs. The
Superintendent designates a person to be responsible for the process of
obtaining meaningful consultation. This checklist includes some measures
designed to encourage meaningful consultation.
This is an annual checklist. Check steps as completed.
 Plan regular meetings throughout the school year with parents/guardians
to discuss the District and/or school compacts; identify dates, convenient
times, places, and persons whose attendance is desired. Offer meetings in
the morning or evening, and, if funds are available under Title I for this
purpose, provide transportation, childcare, or home visits, as such services
relate to parent/guardian involvement.
 Plan an agenda for meetings to be held to discuss District and/or school
compacts.
 Always begin with "introducing where we are now" and end with "next
steps."
D
 Agendas should provide for two-way communication between District
and parents/guardians of children participating in Title I programs.
 Agendas can be built around the federal compliance requirements as
stated in the district- and school-level compacts as developed.
 Agendas should also include a section to inform parents/guardians of
their school's participation under Title I and to explain Title I's
requirements regarding parent involvement, including the right of the
parents/guardians to be involved.
 Agendas should also include a section to describe and explain the
curriculum in use at the school, the forms of academic assessment used
ELIDA MUNICIPAL SCHOOL DISTRICT
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to measure student progress, and the proficiency levels students are
expected to meet.
 If requested by a parent/guardian, agendas should also include a section
for parents/guardians to formulate suggestions and to participate, as
appropriate, in decisions relating to the education of their children.
 Agendas should also include a section to involve parents/guardians in
the planning, review, and improvement of Title I programs, including
the joint development of the school-wide program plan.
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 Another agenda topic is how funds are allotted for parent/guardian
involvement in activities; parents/guardians of children receiving
services must be involved in these decisions.
 Notify interested persons of meeting dates to discuss the District and/or
school compacts, including:
 Parents/guardians of students participating in Title I programs
 Staff members
 Students participating in Title I programs
 School Board members
 Media
 Coordinators for other school programs, (e.g. Head Start and preschool
programs)
 Officials of private schools
D
 Other
 Publicize the meeting dates, times, and locations to discuss District and/or
school compacts.
Make all Open Meetings Law notifications and postings for meetings to be held to discuss Di

Appoint a recording secretary to keep meeting minutes.
Provide copies of working drafts to parents/guardians in an understandable and uniform form
Determine "success" indicators to measure the effectiveness of the parental involvement com
Review the "success" indicators in order to evaluate the effectiveness of the parental involvem
ELIDA MUNICIPAL SCHOOL DISTRICT
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Identify barriers to greater participation by parents/guardians, with particular attention to
findings of such evaluation to design strategies for more effective
parent/guardian involvement.
If the school-wide program plan is not satisfactory to the parents/ guardians of participating
Provide status reports to the Board and, periodically, request the Board's approval of the par
D
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 Revise the applicable parental involvement compacts as necessary.
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EXHIBIT
EXHIBIT
COMPENSATORY
EDUCATION
(Notice to Parents)
22-10A-16. Parental notification (LEGISYR=2003).
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A. Within sixty (60) calendar days from the beginning of each school year,
every school district shall issue a notice to parents that they may obtain
information regarding the professional qualifications of their children's
teachers, instructional support providers and school principals. At a
minimum, the information shall include:
(1) whether the teacher has met state qualifications for licensure for the
grade level and subjects being taught by the teacher;
(2) whether the teacher is teaching under a teaching or assignment waiver;
(3) the teacher's degree major and any other license or graduate degree held
by the teacher; and
(4) the qualifications of any instructional support providers if the student is
served by educational assistants or other instructional support providers.
B.
A superintendent shall give written notice to the parents of those
students who are being taught for longer than four (4) consecutive weeks
by a substitute teacher or by a person who is not qualified to teach the
grade or subject.
D
C. The superintendent shall:
(1) ensure that the notice required by this section is provided by the end of
the four-week period following the assignment of that person to the
classroom;
(2) ensure that the notice required by this section is provided in a bilingual
form to a parent whose primary language is not English;
(3) retain a copy of the notice required pursuant to this section; and
(4) ensure that information relating to teacher licensure is available to the
public upon request.
ELIDA MUNICIPAL SCHOOL DISTRICT
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Improving Basic Programs Operated
Local Educational Agencies
by
At the beginning of each school year, a school or district that receives funds
under this part shall notify the parents of each student attending any school
receiving funds under this part that the parents may request, and the
District will provide the parents on request, information regarding the
professional qualifications of the student's classroom teachers, including, at a
minimum, the following: [20 U.S.C 6311(h)(6)(A)]
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 Whether the teacher has met the State qualifications and licensing
criteria for the grade levels and subject areas in which the teacher
provides instruction.

Whether the teacher is teaching under emergency or other provisional status.
The teacher's baccalaureate degree major and any other graduate certifications or degrees.
Whether paraprofessionals provide services to the student and, if so, their qualifications.
A school must provide to parents information on the level of achievement of
the parent's child in each of the state academic assessments. [20 U.S.C
6311(h)(6)(B)(i)]
A school must provide parents timely notice that the parent's child has been
assigned, or has been taught for four (4) or more consecutive weeks by, a
teacher who is not highly qualified. [20 U.S.C 6311(h)(6)(B)(ii)]
Academic Assessment and Local Education
Agency and School Improvement
D
A school or district shall promptly provide to parents of each student enrolled
in an elementary school or a secondary school identified for school
improvement, corrective action or restructuring: [20 U.S.C 6316(b)(6)]
 An explanation of what the identification means, and how the school
compares in terms of academic achievement to other district schools
and the state educational agency;

The reasons for the identification;
An explanation of what the school identified for school improvement is doing to address the pr
An explanation of what the district or State educational agency is doing to help the school add
An explanation of how the parents can become involved in addressing the academic issues tha
ELIDA MUNICIPAL SCHOOL DISTRICT
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An explanation of the parents’ option to transfer their child to another public school (with tran
Whenever the school fails to make adequate yearly progress and/or is
restructured, the district shall provide the teachers and parents with an
adequate opportunity to comment and participate in developing a plan. [20
U.S.C 6316(b)(8)(c)]
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The district shall provide annual notice to parents of each student enrolled in
an elementary school or a secondary school identified for school improvement
under 20 U.S.C. 6316(b)(1)(E)(i), for corrective action under 20 U.S.C.
6316(b)(7)(C)(i), or for restructuring under 20 U.S.C. 6316(b)(8)(A)(i).: [20
U.S.C. 6316(e)(2)(A)]
 The availability of supplemental education services;
The identity of approved providers that are within the district or whose services are reasonabl
A brief description of those services, qualifications, and demonstrated effectiveness of each su
Parental
Involvement
Parents shall be notified of the parental involvement policy in an
understandable and uniform format and, to the extent practicable, provided
in a language the parents can understand. Such policy shall be made
available to the local community and updated periodically to meet the
changing needs of parents and the school. [20 U.S.C 6318(b)]
Each school shall: [20 U.S.C 6318(c)]
D
 Convene an annual meeting, at a convenient time, to which all parents
of participating children shall be invited and encouraged to attend, to
inform parents of their school's participation, and to explain the
requirements of this part, and the right of the parents to be involved;

Offer a flexible number of meetings;
Involve parents, in an organized, ongoing, and timely way, in the planning, review, and impr
6314(b)(2);

Provide parents of participating children:
 Timely information about programs under this part;
A description and explanation of the curriculum in use at the school, the forms of academic as
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If requested by parents, opportunities for regular meetings to formulate suggestions and to pa
Voluntary Public
Choice Program
School
The school or district shall provide to parents of students in the area to be
served by the Voluntary Public School Choice program with prompt notice of:
[20 U.S.C. 7225d(a)(2)]
 The existence of the program;
The program's availability; and

A clear explanation of how the program will operate.
D
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
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2900
IHBE
©
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
ARTICLE 23
BILINGUAL MULTICULTURAL EDUCATION
R
AF
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In accordance with guidelines specified in the Educational Standards of New
Mexico the District will assure to:
 provide a well defined English language development program;

deliver language arts in the home language;

include the New Mexico cultures in selected aspects of the curriculum; and
 provide for linguistic, cultural, and conceptual development in the home language.
The New Mexico Bilingual Multicultural Education Act of 1973 insures equal
educational opportunities for students. It is designed to encourage the
cognitive and affective development of students by:
 utilizing the cultural and linguistic background of students in the
curriculum;
providing students with opportunities to expand their conceptual and linguistic abilities and p
teaching students to appreciate the value and beauty of cultural diversity. The Act provides
date of manual adoption
D
Adopted:
LEGAL REF.:
22-23-1 NMSA (1978)
CROSS REF.:
IHB - Special Instructional Programs
IHBA - Special Instructional Programs and Accommodations
for Disabled Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-2911
IHBE-R
©
REGULATION
REGULATION
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
Parent Notification Requirements
R
AF
T
 Reason for identification which includes student’s level of English
Proficiency (identified by the results of the NMELPA (New Mexico
English Language Proficiency Assessment).
Method of instruction used in the program (content, instructional goals, English and home lan
 How the program will meet student’s educational strengths and individual needs.

Program exit/expected rate of transition for ELL/LEP students.
The right to remove the child upon request and/or decline enrollment in the program.
Additional educational resources and glossary of terms used in the Bilingual Education Progr
D
Information given to parents must be in an understandable and uniform format in the langua
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-3000
IHBF
©
HOMEBOUND
INSTRUCTION
R
AF
T
Requests for homebound instruction must be made to the office of the
Superintendent, and, if approved, teachers of homebound students will be
sent to the homes of eligible students. Classroom teachers are expected to
work with the teachers of homebound students concerning materials to be
covered in order that each homebound student may rejoin the class upon
return to school.
Adopted:
date of manual adoption
JHD - Exclusions and Exemptions from School Attendance
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-3350
IHBHD
©
DISTANCE
LEARNING
R
AF
T
Distance learning is a process used to provide instruction for credit when the
student and primary instructor are not necessarily physically present at the
same time and/or place. The Superintendent is authorized to establish
distance learning and the District shall provide the necessary access to the
technology for all classes or activities. In addition, access shall be provided
in electronic formats that are usable by a person with a disability using
assistive technology, based on the American standard code for information
interchange, hypertext markup language and extensible markup language.
The Superintendent may enter into an agreement with providers of distance
learning as deemed necessary to accomplish the purposes stated herein. All
distance learning courses or programs shall meet or exceed school and/or
state standards, have an updated syllabi, and be selected based upon the
approved curricular program offerings of the School District as established by
the Board. The agreement in each case shall state that should the provider
exhibit distance learner irregularities, not follow the content standards and
benchmarks of the State, policies and regulations of the Board or the code of
the Public Education Department, prompt removal or non-use of the distance
learning provider will occur on the sole determination of the District as made
by the Superintendent.
Credit for completion of distance learning courses shall be granted only by
the School District based upon the School District grading system.
D
The Superintendent shall appoint site coordinators as needed, who shall
monitor students' work, approve or disapprove students' requests to
participate in any distance learning. Students requesting to participate
shall have completed all prerequisites for the subject or grade, and agreed to
participate within the established regulations and parameters.
Such
regulations and parameters include but are not limited to those established
by NMAC 6.30.8.(8), (9), (10), and (11).
Distance learning classes may be taken within or outside of the normal school
day but must be scheduled so that there are no conflicts.
Students in distance learning classes or programs shall be evaluated, tested
and monitored at the same intervals as other students in the grade level in
the student's school, and shall be subject to the statewide assessments as
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
required in the Assessment and Accountability Act. The student shall be
present as required at the school for these activities and at other times as
established by the site coordinator and student or parent for the purpose of
receiving or providing assigned materials.
Student privacy and security of individual student data shall be maintained
in accord with District policies on Copyright Compliance, Use of Technology
Resources in Instruction, and Student Records.
R
AF
T
Should a student fail to comply with the rules or policies, in addition to any
other disciplinary actions, the student may be denied credit for the distance
learning course or program in which the student was enrolled.
Adopted : date of manual adoption
22-13-1.1 NMSA (1978)
22-30-6 NMSA (1978)
6.30.7.8 NMAC
CROSS REF.:
EGAD - Copyright Compliance
IJNDB - Use of Technology Resources in Instruction
JR - Student Records
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-3381
IHBHD-E
©
EXHIBIT
EXHIBIT
DISTANCE
LEARNING
Distance learning classes may be taken within or outside of the normal school
day but must be scheduled so that there are no conflicts.
R
AF
T
Students in distance learning classes shall be physically present at the school
for monitoring purposes at least quarterly and for semester examinations.
They shall be present at other times as established by the site coordinator
and student or parent for the purpose of receiving or providing assigned
materials.
Only students who are regularly enrolled in a school district or charter school
shall be allowed to enroll in distance learning courses for credit.
Students must have a primary enrolling district. Should a student enroll in
a distance learning course offered by a district or charter school other than
the student's enrolling district, the student can only be counted once as a
qualified student for state equalization guarantee funding purposes as
defined in Section 22-8-2 of the New Mexico Statutes Annotated for
determining membership in the student's enrolling district.
Any
reimbursement for cross-district enrollment for distance learning courses
shall be arranged between the districts through signed written documents.
D
Qualified distance learning students enrolled in asynchronous distance
learning courses must log onto their computers a minimum of four (4) times
per week and certify that they are the enrolled student each time they log on
to their computers. Students enrolled in synchronous distance learning
courses shall log on to their computer at the scheduled class time and certify
that they are the enrolled student.
A qualified distance learning student may enroll in and receive credit or a
grade for a distance learning class or program that is at a different grade
level than the student's current grade level. However, a student cannot take
the same course twice for credit.
A home school student may participate in the statewide cyber academy by
enrolling for one-half (1/2) or more of the minimum course requirements
approved by the department for public school students in the school district
in which the student resides; or, if the student is enrolled for less than
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
one-half (1/2) of the minimum course requirements, the student may
participate in the statewide cyber academy by paying not more than
thirty-five percent (35%) of the current unit value per curricular unit.
A student enrolled in a nonpublic school may participate in the statewide
cyber academy if the school in which the student is enrolled enters into a
contract with the school district in which the nonpublic school is located.
D
R
AF
T
A student who is detained in or committed to a juvenile detention facility or a
facility for the long-term care and rehabilitation of delinquent children may
participate in the statewide cyber academy if the facility in which the student
is enrolled enters into a contract with the school district in which the facility
is located.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-4550
IIB
©
CLASS
Regular
SIZE
Education
R
AF
T
The Superintendent shall coordinate efforts with each school principal in
establishing a reasonable student-teacher ratio in each school that
accommodates the District's staffing allocations and ensures compliance with
the maximum class size standards set by the District and the State.
Special
Education
It is the intent of the District to maintain a special education student-teacher
ratio that will allow the teacher to work effectively and efficiently toward the
individualized educational program (IEP) objectives of each student with a
disability and to work with classroom teachers to prevent learning problems
whenever possible.
Adopted:
date of manual adoption
22-10A-20 NMSA (1978)
6.29.1.9 NMAC
CROSS REF.:
IHB - Special Instructional Programs
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-4561
IIB-R
©
REGULATION
REGULATION
CLASS
Teacher-Student Ratios
Staff-Student Ratios
SIZE
and
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AF
T
It is the intent of the District to maintain student-teacher ratio that will
allow the teacher to work effectively and efficiently toward the state
standards.
The teacher-student ratios shall be as follows:
Class
Loads
Class loads shall be in compliance with the most current class load
requirements in Section 22-2-8.2 NMSA 1978.
The individual class load for elementary school teachers shall not exceed
twenty (20) students for kindergarten; provided that any teacher in
kindergarten with a class load of fifteen (15) to twenty (20) students shall be
entitled to the assistance of an instructional assistant.
The average class load for elementary school teachers at an individual school
shall not exceed twenty-two (22) students when averaged among grades one
(1), two (2) and three (3); provided that any teacher in grade one (1) with a
class load of twenty-one (21) or more shall be entitled to the full-time
assistance of an instructional assistant.
D
The average class load for an elementary school teacher at an individual
school shall not exceed twenty-four (24) students when averaged among
grades four (4), five (5) and six (6).
The daily teaching load per teacher for grades seven (7) through twelve (12)
shall not exceed one hundred sixty (160) students, except the daily teaching
load for teachers of required English courses in grades seven (7) and eight (8)
shall not exceed one hundred thirty-five (135) with a maximum of
twenty-seven (27) students per class and the daily teaching load for teachers
of required English courses in grades nine (9) through twelve (12) shall not
exceed one hundred fifty (150) students with a maximum of thirty (30)
students per class.
Students receiving special education services integrated into a regular
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
classroom for any part of the day shall be counted in the calculation of class
load averages. Students receiving special education services not integrated
into the regular classroom shall not be counted in the calculation of class load
averages. Only classroom teachers charged with responsibility for the
regular classroom instructional program shall be counted in determining
average class loads. In elementary schools offering only one (1) grade level,
average class loads may be calculated by averaging appropriate grade levels
between schools in the School District.
IHB - Special Instructional Programs
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-4700
IIE
©
STUDENT SCHEDULES
AND COURSE LOADS
R
AF
T
The Board requires that each student at the end of grades eight (8) through
eleven (11) develop an interim next-step plan that sets forth the coursework
for the grades remaining until high school completion or transition following
high school. The Board shall ensure each student has the opportunity to
develop a plan based upon reports of college and workplace readiness
assessments and other factors and be reasonably informed about:
 Curricular and course options, including:
 honors or advanced placement courses, dual-credit courses,
distance learning courses, career clusters or remediation
programs that college and workplace readiness assessments
indicate to be appropriate;
 Opportunities available that lead to different post-high-school options;
and
Alternative opportunities available if the student does not finish a planned curriculum.
The plan shall explain any differences from previous interim next-step plans,
shall be filed with the principal of the student's high school and shall be
signed by the student, the student's parent or guardian and the student's
guidance counselor or other school official charged with coursework planning
for the student. An individualized education program (IEP) filed with the
principal that meets the applicable transition and procedural requirements of
the federal Individuals with Disabilities in Education Act for qualified
students shall satisfy the next-step requirements for that student.
D
It shall be the responsibility of the principal, with the cooperation of assigned
counselors, to assist students in the scheduling of coursework. All students
in the high school are required to enroll in four (4) classes unless excused by
the school administrator.
Dual
Credit
Dual credit programs allow high school students to enroll in college courses
prior to graduation and receive high school and college credit simultaneously
for elective courses approved by the school or core courses verified as meeting
Public Education Department standards and benchmarks when these courses
are aligned to meet postsecondary requirements also. To offer dual credit in
academic and career technical courses the District must execute a dual credit
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
agreement with a qualified postsecondary institution. Such agreement must
address the components found in 6.30.7.8 NMAC and be signed by both
entities.
Adopted:
date of manual adoption
22-13-1.1 NMSA (1978)
6.30.7.8 NMAC
6.29.1.11 NMAC
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-5250
IJ
©
INSTRUCTIONAL RESOURCES
AND MATERIALS
Textbooks
and
Supplies
R
AF
T
The Board shall furnish textbooks for each class that conforms to curriculum
requirements and related printed subject matter materials as necessary for
students in grades kindergarten (K) through twelve (12).
The
Superintendent shall establish procedures to assure sufficient copies of
textbooks so that a student in a class using a textbook may have access to
and may take the book home to read assignments, do homework, make up
work, or use as necessary.
Students and their parents shall be held responsible for proper care of books
and school property. Books must be kept clean and unmarked. Parents
may be required to pay for any damage to school property.
The Superintendent is authorized to establish a replacement-fee schedule
and make it available to students, staff members, and parents. Students
and parents will be advised of this replacement-cost policy upon enrollment
or at the beginning of each school year.
Access to Instructional Material
by Parents and Guardians
D
The Superintendent shall establish procedures that permit parents or
guardians of students enrolled in the District access to the instructional
materials currently used by, or being considered for use by, the District in
accordance with the terms of this policy. The request by the parent or
guardian must be in writing and must specify the materials that the parent
or guardian wishes to review.
Such procedures shall make available at least one (1) copy of the
instructional materials for review by the parents or guardians. Printed
textbooks, printed supplementary books, and printed subject-matter
materials may be checked out from the District premises by parents or
guardians for periods not to exceed forty-eight (48) hours. All other
materials, including films, may be reviewed only on the District premises.
Parents or guardians will be notified when and where the instructional
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
materials may be picked up or reviewed. Materials will be made available
on a first-come, first-served basis.
Adopted:
date of manual adoption
22-15-8 NMSA (1978)
22-15-9 NMSA (1978)
CROSS REF.:
ABA - Community Involvement in Education
DN - School Properties Disposition
IJJ - Textbook/Supplementary Materials Selection
and Adoption
IJL - Library Materials Selection and Adoption
KB - Parental Involvement in Education
KEC - Public Concerns/Complaints about Instructional
Resources
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-5261
IJ-R
©
REGULATION
REGULATION
INSTRUCTIONAL RESOURCES
AND MATERIALS
R
AF
T
A system of assignment of responsibility for textbooks shall be instituted in
each classroom where textbooks are required based upon whether textbooks
are available by "class set," individual assignment or otherwise with the
ultimate aim of allowing each student access to take home the textbook. The
information shall be maintained in the classroom or alternatively as
determined by the supervisor of the classroom teachers so that responsibility
for and availability of textbooks and materials can be assessed.
Availability of and Access to Instructional
Materials by Parents or Guardians
Parents or guardians of students enrolled in the District shall have access to
instructional materials currently in use, or being considered for use, in the
District. Such access shall be governed by the following:
 Requests must be in writing and must specify the materials that the
parents or guardians want to review.
 Requests shall be submitted to the office of the principal.
 At least one (1) copy of such instructional materials shall be available
for parent or guardian review.
D
 Printed textbooks, supplementary books, and other printed subject
matter may be checked out for removal from District premises for up to
forty-eight (48) hours. All other materials, including films, may be
reviewed only on District premises.
 School personnel involved in handling requests to review materials will
notify the parents or guardians as to when and where such materials
may be picked up or reviewed.
 Materials will be available on a first-come, first-served basis.
Objections
to
Learning
Materials
and
Activities
A student whose parent or guardian objects to any learning material or
activity may be withdrawn from the activity or from the class or program in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
which the material is used, providing:
 The objection is in writing and is specific in its description of the
activity or learning material to which the parent or guardian objects.
 The objection includes a statement that the parent or guardian
understands that the educational information and concepts covered in
the activity or material may not be covered in any other manner or form
and that the parent or guardian understands that the student may not
be able to make up the material or activity in any other way.
R
AF
T
 Although the student may be unable to make up for the missed activity
or material, no penalty will accrue to the student in grades or credit,
with the exception that, if the objection removes a student from a
substantial portion of a class, promotion and credit decisions will be
based on applicable District policies.
 All such objections shall be directed to the principal of the school in
which the student is enrolled, who shall forward a copy of the written
objection to the Superintendent, indicating that the student has been
removed from the activity or stating the reason for nonremoval.
 Upon receiving a principal's recommendation for removal or
nonremoval, the Superintendent will review the situation and make a
decision regarding the matter and communicate that decision to the
parent or guardian and the principal.
D
 Within ten (10) days after receiving notification of such decision from
the Superintendent, the parent or guardian may request an appeal to
the Board.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-5800
IJJ
©
TEXTBOOK / SUPPLEMENTARY MATERIALS
SELECTION AND ADOPTION
R
AF
T
The Board will approve the budget for the purchase of new textbooks and
supplementary books. The Superintendent shall establish textbook selection
procedures that shall provide for the appropriate involvement of staff
members, students, and community members. Written notice to parents and
other community members will be provided and parents will be involved in
the instructional materials adoption process. Also, public notice regarding
the instructional materials adoption process will be provided. The textbook
and supplementary materials selection process must include a review of
options available on the multiple lists provided for in Section 22-15-8 of the
New Mexico Statutes Annotated. The procedures established may provide
for textbook selection committees. Recommendations from such textbook
selection committees will be forwarded to the Superintendent.
In recommending books, committees will strive for continuity of textbooks
that support continuity of standards based instruction.
Objectives
of
Selection
It is the responsibility of the school textbook committees to:
 Recommend resources that will support and enrich the curriculum,
taking into consideration the varied interests, abilities, learning styles,
and maturity levels of students served.
D
 Recommend resources that will stimulate growth in factual knowledge,
critical analysis of differing sides of issues, literary appreciation,
aesthetic values, and recognition of various societal values.
 Place principle above personal opinion and reason above prejudice in
the recommendation of resources of the highest quality in order to
assure a comprehensive collection of resources appropriate for the
complete education of all students.
The Superintendent will establish procedures for the purchase and
distribution of all necessary textbooks, supplemental books, and other related
instructional materials from the adopted list free of cost to students.
Removal of
Materials
Textbooks/Supplementary
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Textbook selection committees may recommend to the Superintendent that
certain previously adopted textbooks or supplementary materials be deleted
from the approved list.
Adopted:
date of manual adoption
22-15-8 NMSA (1978)
CROSS REF.:
DN - School Properties Disposition
IJ - Instructional Resources and Materials
IJL - Library Materials Selection and Adoption
KEC - Public Concerns/Complaints about Instructional
Resources
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-5811
IJJ-R
©
REGULATION
REGULATION
TEXTBOOK / SUPPLEMENTARY
MATERIALS
SELECTION AND ADOPTION
(Criteria for Selection)
R
AF
T
Textbook selection committees shall be guided by the following:
 Resources shall be recommended to support and enrich the school
curriculum and to meet the curricular needs of the students.
 Resources that are recommended shall be appropriate for the subject
area and for the age, emotional development, ability level, learning
styles, and social development of students for whom the materials are
selected.
 Resources that are recommended shall provide a background of
information that will motivate students to examine their own attitudes
and behavior, to comprehend their duties, responsibilities, rights, and
privileges as participating citizens in our society, and to make
intelligent judgments in their daily lives.
 Resources that are recommended shall provide information on differing
sides of issues so that users may develop the practice of critical
analysis.
D
 Resources shall be recommended for the atypical student as well as for
the average student.
 Resources shall be recommended for their strengths rather than
rejected for their weaknesses, and shall be judged as a whole.
 Recommendations shall support and be consistent with general
education goals of the District and goals and objectives of specific
courses.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-5950
IJL
©
LIBRARY MATERIALS
SELECTION AND ADOPTION
The Superintendent shall annually recommend to the Board an expenditure
level for the purchase of library books and materials. The Superintendent
shall approve the purchase of library materials that:
R
AF
T
 Enrich and support the curriculum, taking into consideration the varied
interests, abilities, and maturity levels of the students served.
 Stimulate growth in factual knowledge, literary appreciation, aesthetic
values, and ethical standards.
 Provide a background of information that will enable students to make
intelligent judgments in their daily lives.
 Provide materials representative of the many religious, ethnic, and
cultural groups and their contributions to our American heritage.
 Assure a comprehensive collection appropriate for the users of the
library.
 Provide a current, balanced collection of books, basic reference
materials, texts, periodicals, and audiovisual materials that depict in an
accurate and unbiased way the cultural diversity and pluralistic nature
of American society.
The Superintendent is authorized to establish a professional library for the
use of the District staff.
D
The Superintendent will establish procedures for the removal of the following
categories of books and other material from the library:
 Damaged materials.
 Materials that no longer present current information.
 Materials that no longer support the goals of the District.
 Materials that have not been used frequently enough to justify the use
of library space.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
DN - School Properties Disposition
IJ - Instructional Resources and Materials
KEC - Public Concerns/Complaints about Instructional
Resources
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-5961
IJL-R
©
REGULATION
R EGULATION
LIBRARY MATERIALS
SELECTION AND ADOPTION
The following standards shall be used in the selection of library books and
materials:
R
AF
T
 Materials that widen the boundaries of the students' thinking, that
enrich their lives and help them fulfill their recreational and emotional
needs.
 Materials that have imaginative appeal and a style that is interesting
and free from monotony.
 Materials that stimulate the imagination, provide for mental growth,
develop a taste for good writing, and draw attention to the beautiful and
artistic.
 Books that provide pleasurable reading for the reader's sake.
 Books that are illustrated in a manner that complements the text, have
quality art, and are suitable for the intended readers.
D
 Materials that adequately cover a wide range of reading ability.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-6000
IJM
©
SPECIAL - INTEREST MATERIALS
SELECTION AND ADOPTION
Commercial organizations offer a variety of materials for use by teachers in
the classroom. Many of these materials are of high educational value, with
little or no advertising emphasis. Other materials are primarily advertising
and have only limited educational value.
R
AF
T
In general, supplementary materials (printed materials, models, films, slides,
pictures, charts, exhibits for educational purposes, etc.) from commercial,
political, religious, or other nonschool sources should have approval by the
principal. This approval may be given to materials that are of obvious
educational quality, supplement and enrich text and reference book materials,
are timely and up to date, and promote American democratic ideals and
moral values.
Advertising materials of a commercial, political, or religious nature should
not be displayed or distributed in the schools or on the school grounds.
Students may not be used as the agents for distributing nonschool materials
to the homes. The Superintendent shall be the final judge of whether or not
such materials shall be utilized with students and will establish necessary
procedures for their evaluation, approval, and use.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-6300
IJND
©
TECHNOLOGY
RESOURCES
(Movies/Videos)
R
AF
T
It is the policy of the District that there is educational value in utilizing
movies and videos in classrooms only when such movies and videos extend
and/or reinforce the concepts being taught and have been planned for in
advance.
The Superintendent shall develop regulations governing the use of movies/
videos in the classroom.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-6311
IJND-R
©
REGULATION
REGULATION
TECHNOLOGY
RESOURCES
(Movies/Videos)
R
AF
T
Movies and videos with ratings other than for general audiences of all ages
are not to be shown in classrooms or at any District facility (this includes
buses and motels where students are present) except when:
 The movie or video has been previewed by the teacher or other licensed
staff member.
 The movie or video has been determined to not contain material that is
objectionable or inappropriate for the age group to which it is intended
to be shown.
 The responsible site administrator has approved the use of the movie or
video prior to its showing.
 The teacher or other licensed staff member has provided advance
notification to each student's parent(s), or other responsible adult, of
the title of the movie or video and the date on which it will be shown.
 A student whose parent(s) or other responsible adult has provided
notice of their disapproval will not be permitted to view the movie or
video.
D
Parents have the right to request that their child not view any movie or video,
regardless of its rating or the purpose for which it is to be shown.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-6400
IJNDB
©
USE
Appropriate
Information
OF
TECHNOLOGY RESOURCES
IN INSTRUCTION
Use of Electronic
Services
R
AF
T
The District may provide electronic information services (EIS) to qualified
students, teachers, and other personnel who attend or who are employed by
the District. Electronic information services include networks (e.g., LAN,
WAN, Internet), databases, and any computer-accessible source of
information, whether from hard drives, tapes, compact disks (CDs), floppy
disks, flash drives, memory cards or other electronic sources. The use of the
services shall be in support of education, research, and the educational goals
of the District. To assure that the EIS is used in an appropriate manner and
for the educational purposes intended, the District will require anyone who
uses the EIS to receive instruction in and follow its guidelines and procedures
for appropriate use. Instruction in appropriate online behavior shall include
how to interact with other individuals on social networking websites and in
chat rooms and cyberbullying awareness and response. Anyone who misuses,
abuses, or chooses not to follow the EIS guidelines and procedures will be
denied access to the District's EIS and may be subject to disciplinary action.
Each user will be required to sign an EIS user agreement. The District may
log the use of all systems and monitor all system utilization. Accounts may
be closed and files may be deleted at any time. The District is not
responsible for any service interruptions, changes, or consequences. The
District reserves the right to establish rules and regulations as necessary for
the efficient operation of the electronic information services.
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The District does not assume liability for information retrieved via EIS, nor
does it assume any liability for any information lost, damaged, or unavailable
due to technical or other difficulties.
Web
and
Internet
Publishing
Documents created for the Web must have a purpose that falls within at least
one of the following two categories: (1) Support of curriculum, instruction,
and learning, and (2) Communication with parents and the community.
All information must accurately reflect the mission, goals, policies, program,
and activities of the School District. All subject matter should relate to
curriculum, instruction, and general information that is appropriate, or it
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
should relate to activities of the District or the schools within the District.
Filtering
and
Internet
Safety
The District shall provide for technology protection measures that protect
against Internet access by both adults and minors to visual depictions that
are obscene, child pornography, or, with respect to use of the computers by
students, harmful to students. The protective measures shall also include
monitoring the online activities of students.
Limits, controls, and prohibitions shall be placed on student:
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 Access to inappropriate matter.
 Safety and security in direct electronic communications.
 Unauthorized online access or activities.
 Unauthorized
information.
disclosure,
use
and
dissemination
of
personal
The Superintendent is responsible for establishing and enforcing the
District's electronic information services guidelines and procedures for
appropriate technology protection measures (filters), monitoring, and use.
Adopted:
date of manual adoption
LEGAL REF.:
20 U.S.C. 9134, The Children's Internet Protection Act
47 U.S.C. 254, Communications Act of 1934 (The Children's
Internet Protection Act)
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CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
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REGULATION
USE
REGULATION
OF
TECHNOLOGY RESOURCES
IN INSTRUCTION
(Safety and use of Electronic
Information Services)
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AF
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Use of the electronic information services (EIS) requires that the use of the
resources be in accordance with the following guidelines and support the
education, research, and educational goals of the District.
Filtering,
monitoring, and access controls shall be established to:
 Limit access by minors to inappropriate matter on the Internet and
World Wide Web.
 Monitor the safety and security of minors when using electronic mail,
chat rooms, and other forms of direct electronic communications.
 Monitor for unauthorized access, including so-called "hacking," and
other unlawful activities by minors online.
 Restrict access by minors to materials harmful to minors.
Content
Filtering
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A content filtering program or similar technology shall be used on the
networked electronic information system (EIS) as well as on standalone
computers capable of District authorized access to the Internet. The
technology shall at a minimum limit access to obscene, profane, sexually
oriented, harmful, or illegal materials. Should a District adult employee
have a legitimate need to obtain information from an access-limited site, the
Superintendent may authorize, on a limited basis, access for the necessary
purpose specified by the employee's request to be granted access.
Monitoring
As a means of providing safety and security in direct electronic
communications and to prevent abuses to the appropriate use of electronic
equipment, all computer access to the Internet through the District electronic
information systems (EIS) or standalone connection shall be monitored
periodically or randomly through in-use monitoring or review of usage logs.
Access
Control
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Individual access to the EIS shall be by authorization only. Designated
personnel may provide authorization to students and staff who have
completed and returned an electronic information services user agreement.
The Superintendent may give authorization to other persons to use the EIS.
Acceptable
Use
Each user of the EIS shall:
Receive instruction about appropriate online behavior, including
interacting with other individuals on social networking websites and in
chat rooms and cyberbullying awareness and response.
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AF
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
 Use the EIS to support personal educational objectives consistent with
the educational goals and objectives of the School District.
 Agree not to submit, publish, display, or retrieve any defamatory,
inaccurate, abusive, obscene, profane, sexually oriented, threatening,
racially offensive, or illegal material.
 Abide by all copyright and trademark laws and regulations.
 Not reveal home addresses, personal phone numbers or personally
identifiable data unless authorized to do so by designated school
authorities.
 Understand that electronic mail or direct electronic communication is
not private and may be read and monitored by school employed persons.
 Not use the network in any way that would disrupt the use of the
network by others.
 Not use the EIS for commercial purposes.
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
Follow the District's code of conduct.

Not attempt to harm, modify, add, or destroy software or hardware nor
interfere with system security.

Understand that inappropriate use may result in cancellation of
permission to use the educational information services (EIS) and appropriate
disciplinary action up to and including expulsion for students.
In addition, acceptable use for District employees is extended to include
requirements to:
 Maintain supervision of students using the EIS.
 Agree to directly log on and supervise the account activity when
allowing others to use District accounts.
ELIDA MUNICIPAL SCHOOL DISTRICT
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 Take responsibility for assigned personal and District accounts,
including password protection.
 Take all responsible precautions, including password maintenance and
file and directory protection measures, to prevent the use of personal
and District accounts and files by unauthorized persons.
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AF
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Each user will be required to sign an EIS user agreement. A user who
violates the provisions of the agreement will be denied access to the
information services and may be subject to disciplinary action. Accounts
may be closed and files may be deleted at any time. The District is not
responsible for any service interruptions, changes, or consequences.
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Details of the user agreement shall be discussed with each potential user of
the electronic information services. When the signed agreement is returned
to the school, the user may be permitted use of EIS resources through school
equipment.
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EXHIBIT
EXHIBIT
USE
OF
TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT
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AF
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Details of the user agreement shall be discussed with each potential user of
the electronic information services (EIS). When the signed agreement is
returned to the school, the user may be permitted use of EIS resources.
Terms
and
Conditions
Acceptable use.
Each user must:
 Use the EIS to support personal educational objectives consistent with
the educational goals and objectives of the School District.
Agree not to submit, publish, display, or retrieve any defamatory, inaccurate, abusive, obscene

Abide by all copyright and trademark laws and regulations.
Not reveal home addresses, personal phone numbers or personally identifiable data unless au
Understand that electronic mail or direct electronic communication is not private and may be
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Not use the network in any way that would disrupt the use of the network by others.

Not use the EIS for commercial purposes.

Follow the District's code of conduct.
Not attempt to harm, modify, add/or destroy software or hardware nor interfere with system s
Understand that inappropriate use may result in cancellation of permission to use the educati
In addition, acceptable use for District employees is extended to include
requirements to:
 Maintain supervision of students using the EIS.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Agree to directly log on and supervise the account activity when allowing others to use Distric
Take responsibility for assigned personal and District accounts, including password protection
 Take all responsible precautions, including password maintenance and
file and directory protection measures, to prevent the use of personal
and District accounts and files by unauthorized persons.
Personal responsibility.
I will report any misuse of the EIS to the
administration or system administrator, as is appropriate.
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AF
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I understand that many services and products are available for a fee and
acknowledge my personal responsibility for any expenses incurred without
District authorization.
Network etiquette. I am expected to abide by the generally acceptable
rules of network etiquette. Therefore, I will:
 Be polite and use appropriate language. I will not send, or encourage
others to send, abusive messages.
Respect privacy. I will not reveal any home addresses or personal phone numbers or persona
Avoid disruptions. I will not use the network in any way that would disrupt use of the system

Observe the following considerations:
 Be brief.
Strive to use correct spelling and make messages easy to understand.

Use short and descriptive titles for articles.

Post only to known groups or persons.
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
Services.
The School District specifically denies any responsibility for the accuracy of
information. While the District will make an effort to ensure access to
proper materials, the user has the ultimate responsibility for how the
electronic information service (EIS) is used and bears the risk of reliance on
the information obtained.
By signing this agreement I acknowledge receiving training in appropriate on
line behavior and agree to abide by the School District policy and regulations
on appropriate use of the electronic information system, as incorporated
ELIDA MUNICIPAL SCHOOL DISTRICT
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herein by reference.
I understand and will abide by the provisions and conditions indicated. I
understand that any violations of the above terms and conditions may result
in disciplinary action and the revocation of my use of information services.
Name __________________________________________________________________
Signature ______________________________________ Date __________________
(Student or employee)
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AF
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School ___________________________________ Grade (if a student) __________
Note that this agreement applies to both students and employees.
The user agreement of a student who is a minor must also have the signature
of a parent or guardian who has read and will uphold this agreement.
Parent
or
Guardian
Cosigner
As the parent or guardian of the above named student, I have read this
agreement and understand it. I understand that it is impossible for the
School District to restrict access to all controversial materials, and I will not
hold the District responsible for materials acquired by use of the electronic
information services (EIS). I also agree to report any misuse of the EIS to a
School District administrator. (Misuse may come in many forms but can be
viewed as any messages sent or received that indicate or suggest
pornography, unethical or illegal solicitation, racism, sexism, bullying, hazing,
inappropriate language, or other issues described in the agreement.)
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I accept full responsibility for supervision if, and when, my child's use of the
EIS is not in a school setting. I hereby give my permission to have my child
use the electronic information services.
Parent or Guardian Name (print) ________________________________________
Signature ______________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Date ________________
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FIELD
TRIPS
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AF
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Field trips must be planned within the context of the school program and
must be appropriate for the age level, grade level, and curriculum. Due to
limitations imposed by local conditions, field trips may be limited by the
Superintendent.
All field trips must be specifically approved by the
Superintendent long enough in advance so that arrangements can be made
prior to the trip. Before any student is taken from the school grounds on a
field trip, written permission must be obtained from the parents or legal
guardians. Transportation shall be provided only by District vehicles, driven
by authorized personnel.
In general, field trips shall be conducted within the normal school day. Long
trips or overnight trips must have Board approval. The District will not
sponsor, approve, support, or encourage field trips that do not meet the
criteria outlined in this policy, unless the Board gives approval after a
presentation justifying the specific need for the exception.
date of manual adoption
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Adopted:
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REGULATION
REGULATION
FIELD
TRIPS
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AF
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Field trips are very useful to encourage learning through exploration of the
environment not immediately accessible to the classroom. However, field
trips are only one means of achieving an educational objective. Approval of
field trips will be based on a number of items such as availability of
transportation, budget, personnel, weather, risks, and distance, as well as
educational objectives.
It will be the responsibility of the staff and the principal to organize field
trips so that an experience is not repeated yearly for a student or group of
students. There might be some justification for repeating an experience, but
generally the same field trip will not be repeated for any one (1) student
within a three (3) year cycle.
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The cost of transportation for field trips must be included in budget planning.
Each teacher who wishes to plan field trips should make tentative plans with
the principal during budget planning. Such plans should include the place,
time, and educational justification for each field trip. The District will
attempt to have some capacity for scheduling field trips beyond those
requested by the teachers as part of the budget process, but there can be no
assurance that such unbudgeted trips can be accommodated.
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COMMUNITY RESOURCE
PERSONS / SPEAKERS
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AF
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The District recognizes that one of the greatest resources of the school is to be
found in the people of the community who have special knowledge and
particular talents to contribute to the school program. Therefore, the use of
community resources and citizens to serve in furthering the educational
program is encouraged. Staff members should study the needs of their
respective schools, survey the resources available in the school community,
weigh their probable usefulness, and then present to the Superintendent for
approval any staff-developed plans for using those community resources.
The Superintendent will consider all such plans, on both their merit and
their implications, as if they were to be carried out throughout the District.
Use of outside personnel and resources would be under procedures authorized
by the Superintendent.
date of manual adoption
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Adopted:
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SCHOOL
VOLUNTEERS
Volunteers can make many valuable contributions to the students and
educational programs of the District. A volunteer program is approved
subject to suitable rules, safeguards, and regulations as developed by the
Superintendent.
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AF
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In order to protect the safety and security of children and school staff, any
volunteer given access to students without the presence (line of site view) of a
licensed staff member shall have a background and criminal history check,
with the results received prior to allowing the volunteer such access.
Volunteer applicants must submit to a background investigation by
completing an application form and background consent form in accord with
current district policy. If a background check conducted from these criteria
fails to return all necessary information, a background check using
fingerprints may be conducted.
Volunteers are to be made aware of and comply with all district policies and
procedures relevant to the performance of volunteer duties including but not
limited to conduct, privacy, discipline, supervision and ethics.
Each
volunteer will be provided with a job description of duties, time requirements
and qualifications, and be provided training, supervision and evaluation.
This policy shall not apply to:
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 adults who visit a school but have no ongoing individualized interaction
with a student or students, including, but not limited to, adults who
have been invited to speak to a class or assembly, to judge academic
competitions, to give a musical performance, or to participate in a
sponsored program;
 a parent or legal guardian who is accompanying his or her child's class
on a one-day field trip or on another type of occasional extra-curricular
activity that does not involve an overnight stay.
Adopted:
date of manual adoption
LEGAL REF.:
22-10A-5 NMSA (1978)
6.50.18 NMAC
CROSS REF.:
GBEB - Staff Conduct
ELIDA MUNICIPAL SCHOOL DISTRICT
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AF
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GCF - Professional Staff Hiring
GDF - Support Staff Hiring
GCFC - Professional Staff Certification and Credentialing
Requirements (fingerprinting requirements)
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
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REGULATION
REGULATION
SCHOOL
VOLUNTEERS
Volunteer selection shall be made based on the qualifications and availability
of the volunteer.
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AF
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Volunteers shall be assigned only to those teachers who have requested
volunteer assistance.
Staff should request volunteers through
administrative channels for selected activities and as resource persons.
Assignment shall be made by the school administrator.
Volunteers shall be provided appropriate training at the building level
consistent with their tasks and existing district standards. This training
shall be developed under the leadership of the principal. Exceptions would
be district-wide programs established by the administration whereby general
volunteer programs would be defined.
Services of a volunteer may be terminated when circumstances in the
judgment of the administration necessitate termination with or without prior
notice.
Duties and Responsibilities
Assignment shall be limited to assisting staff members with duties such as
routine supervisory, tutorial, clerical, housekeeping and material preparation
tasks.
D
Assignment shall be limited to situations which are supervised by a
certificated staff person.
In some instances, volunteers may perform clerical and material preparation
tasks away from the school site.
Volunteers with special talents, hobbies or experiences may share those with
students on a scheduled basis in a suitable educational setting.
Volunteers will not discuss the performance or actions of students except
with the student's teacher, counselor or principal.
Volunteers will refer to a regular staff member for final solution of any
student problems which arise, whether of an instructional, medical or
ELIDA MUNICIPAL SCHOOL DISTRICT
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operational nature.
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AF
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All volunteers will sign in and out at the assigned work site.
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EXHIBIT
EXHIBIT
SCHOOL
VOLUNTEERS
Regular volunteers shall not be allowed to begin their service until after they
have received a copy of their job description, their duties are explained to
them and they have accepted in writing the following volunteer pledge:
It is my duty to deal justly and considerately with each student, school
employee or other volunteer.
R
AF
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(1)
(2)
It is my duty to share the responsibility for improving educational
opportunities for all.
(3)
It is my duty to stimulate students to think and learn, but at the same
time protect them from harm,
(4)
It is my duty to respect the confidentiality of student records and
information about students, their personal or family life.
(5)
It is my duty not to discriminate or to permit discrimination on the
basis of race, color, national origin, ethnicity, sex, sexual orientation,
disability, religion or serious medical condition against any person while I am
on duty as a volunteer.
(6)
It is my duty to avoid exploiting or unduly influencing a student into
engaging in an illegal or immoral act or any other behavior that would
subject the student to discipline for misconduct, whether or not the student
actually engages in the behavior.
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(7)
It is my duty to avoid giving gifts to any one student unless all
students similarly situated receive or are offered gifts of equal value for the
same reason.
(8)
It is my duty to avoid lending money to students.
(9)
It is my duty to avoid having inappropriate contact with any student,
whether or not on school property, which includes all forms of sexual
touching, sexual relations or romantic relations, any touching which is
unwelcome by the student or inappropriate given the age, sex and maturity of
the student.
(10)
It is my duty to avoid giving a ride to a student.
ELIDA MUNICIPAL SCHOOL DISTRICT
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(11) It is my duty not to engage in sexual harassment of students, other
volunteers or school employees.
(12) It is my duty not to engage in inappropriate displays of affection, even
with consenting adults, while on school property or during school events off
premises.
(13) It is my duty not to possess or use tobacco, alcohol or illegal drugs
while on school property or during school events off premises.
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(14) It is my duty to use educational facilities and property only for
educational purposes or purposes for which they are intended consistent with
applicable law, policies and rules.
(15) It is my duty to avoid any violent, abusive, indecent, profane,
boisterous, unreasonably loud or otherwise disorderly conduct when on school
property or off campus at school functions.
(16) It is my duty to refrain from using school information technology
equipment, hardware, software or internet access for other than a school
related purpose.
(17) It is my duty to refrain from striking, assaulting or restraining
students unless necessary in the defense of self or others.
(18) It is my duty to refrain from using inflammatory, derogatory or
profane language while on school property or while attending school events
off premises.
(19) It is my duty to refrain from bringing or possessing firearms or other
weapons on school property except with proper authorization.
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(20) It is my duty not to be under the influence of alcohol or illegal drugs on
school property or at school events off premises.
(21) It is my duty to report, as appropriate under the circumstances,
violations of this pledge by other regular volunteers or school employees.
Volunteers are considered at-will employees and may be dismissed with or
without cause at the discretion of the district by the administrator who
assigns the volunteer to duties in the building or department or by the
Superintendent.
________________________________________ ________________________
Volunteer Signature
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
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GRADING / ASSESSMENT
SYSTEMS
A District-developed grading system will be utilized.
Teachers will keep a careful record of the grades assigned to students.
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AF
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Written reports to the parents concerning student achievement will be made
every nine (9) weeks by the teacher, and additional written reports will be
made when necessary.
Teachers will confer with parents when necessary concerning academic
progress and discipline of students.
Teachers will report to parents on students' conduct, scholarship, attendance,
or excessive tardiness.
Special
Education
Grades reporting achievement of special education students not taking
regular education classes shall be given on a basis commensurate with the
students' abilities and based on their individual progress rather than in
competition with classmates. The permanent record cards for such students
shall indicate enrollment in special education for those classes.
Parents of special education students shall be counseled regarding the
significance of the grading system in order to avoid misinterpretation of the
achievement grade.
date of manual adoption
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Adopted:
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REGULATION
REGULATION
GRADING / ASSESSMENT
Subject
SYSTEMS
Grade
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AF
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The subject grade should be based upon pupil mastery of the content of the
course. The teacher will establish a reasonable standard for average
achievement in each of the subjects. If at any time the teacher is in doubt
that this standard is either too high or too low, the teacher should discuss the
matter with the principal.
The teacher will establish a uniform system of grading. This system is
based upon attainment of what the teacher requires. Content of the course
shall be set up to be measured by numerical percentages which are then
transferred to letter equivalents. The following scale will serve as a guide
for the distribution of grades but reasonable alternative letter grades may be
approved at the District level:
90% - 100% =
A
80% - 89%
=
B
70% - 79%
=
C
60% - 69%
=
D
Below 60%
=
F
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The following should be observed in implementing a grading system:
 The grading system should be consistent within the class for the entire
year.
The student should understand the system thoroughly, such as, the content on which the gra
as a report to the parent.
If a teacher from year to year consistently promotes classes with predominantly high or low sc
large percent of the class, then the teacher should evaluate their established
standards of average achievement on grading.
Work habits and conduct are two (2) areas that will be marked individually. Grades on basic
ELIDA MUNICIPAL SCHOOL DISTRICT
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Report
Cards
and
Records
An average of two (2) grades per week should be kept in numerical values in
the teacher's grade book for each subject. Average numerical values for the
nine (9) weeks will also be recorded in the grade book.
Grade reports to the parents are made on a nine (9) week basis. Report
cards include an explanation of the system of marks used. Before cards are
distributed each nine (9) week period, the teacher should explain the marking
system to the students.
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R
AF
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Cards are sent home according to a schedule which is developed at the
beginning of the school year.
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REPORT
District
Report
CARDS / PROGRESS
REPORTS
Cards
Each school district must distribute copies of the state wide indicators,
containing the descriptions and information required by code.
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AF
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The School District Report Card may be used to make such a report.
Student
Progress
Reports
It is essential that students' progress in school be fully communicated to their
parents.
Each school will report students' progress to the students and to their
parents or guardians as appropriate. The reports will be clear, concise, and
accurate, and will provide a basis of understanding among teachers, parents,
and students for the benefit of the individual students. The Superintendent
will develop progress report forms or cards in accordance with this policy.
The following specific requirements are established:
 Parents will be informed regularly, and at least four (4) times a year, as
to the progress their children are making in school.
 Parents will be alerted and conferred with as soon as possible when a
student's performance or attitude becomes unsatisfactory or shows
marked or sudden deterioration.
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 Insofar as possible, distinctions will be made between a student's
attitude and academic performance.
 At comparable levels, the school will strive for consistency in grading
and reporting except as this is inappropriate for certain classes or
certain students.
 When grades are given, school staff members will take particular care
to explain to parents the meaning of marks and symbols as they apply
to student achievement.
 When no grades are given but evaluation is made informally in terms of
the student's own progress, such evaluation will be a realistic appraisal
ELIDA MUNICIPAL SCHOOL DISTRICT
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of the skills developed by the student.
 Reports of progress for students qualified for services under the
Individuals with Disabilities Education Act (I.D.E.A.) shall be based on
their progress in the general curriculum and shall address whether the
progress is sufficient to enable the student to achieve the goals stated in
the student's individualized education program (IEP) by the end of the
school year.
Adopted:
date of manual adoption
22-2C-6 NMSA (1978)
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AF
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LEGAL REF.:
IKAB - Report Cards/Progress Reports
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CROSS REF.:
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PARENT
CONFERENCES
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AF
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A parent shall be notified no later than the end of the second grading period
that the parent's child is not academically proficient, and a conference
consisting of the parent and the teacher shall be held to discuss possible
remediation programs available to assist the student in becoming
academically proficient. Specific academic deficiencies and remediation
strategies shall be explained to the student's parent and a written
intervention plan developed containing time lines, academic expectations and
the measurements to be used to verify that a student has overcome academic
deficiencies.
The Superintendent will establish procedures for such conferences. In
addition to scheduled opportunities, parents shall have opportunities to
arrange conferences with teachers at other times during the year.
Adopted:
date of manual adoption
LEGAL REF.:
22-2C-6 NMSA (1978)
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CROSS REF.:
IKE - Promotion and Retention of Students
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GRADE
ADJUSTMENTS
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AF
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The District requires that teachers follow the procedures established to
implement the District grading system. Therefore, all grades shall be
determined following procedures established by policy or established
procedure. For example, a class assignment grade, test grade or one posted
to a report card, cumulative record, or transcript shall conform to the
procedures established. A change to a grade can only be made as indicated
below or in the alternative, if it can be shown through a hearing process that
the teacher issuing the grade did not implement the District grading system
in establishing the grade by following the policy or procedure to a reasonable
degree.
A grade indicating an assignment, subject or curricular area grade status of
incomplete may be changed by the issuing teacher or a school official
following the directions of the issuing teacher. A grade may be changed to
correct mechanical or clerical errors.
A mechanical/clerical error may
include an arithmetic error, transcribing error, or posting error. A teacher
aware of such an error may request a grade change by submitting "A Grade
Change Request Form" to their building principal for approval.
Changing a Class Test or Assignment
Grade Not Yet a Student Record
D
A grade that has been entered in the teacher's record keeping system by the
teacher of a subject or curricular area for the purpose of accumulating grades
toward a course grade and has not yet been entered as a grade for a subject or
curricular area on a student's report card, in the cumulative record or on a
transcript is not considered a student record for purposes of Family
Educational Rights and Privacy Act (FERPA) by this Governing Board. If
the parent or guardian of a student or an eligible student believe a grade, not
yet a student record, is inaccurate, misleading, or in violation of students
rights or can show proof that the teacher failed to reasonably follow the
guidelines in the school grading system, the grade may be considered for
change as indicated herein. The first step is to contact the school records
custodian and request that the record be changed. If the custodian cannot
change the record to the requester's satisfaction the custodian will ask that a
request in writing be submitted using "A Grade Change Request Form" and
the hearing process shall be as found in the hearing procedure established by
this policy under the condition that the final determination shall be made at
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
the second level of the hearing process by the custodian of the records.
Following Level II of the hearing procedure the decision to comply or decline
to comply will be made by the records custodian with the decision being final
and no further appeal being allowed.
Changing a Course Grade
is a Student Record
that
R
AF
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A course grade that has been entered for a subject or curricular area on a
student's report card, in the cumulative record or on a transcript is
considered a student record under FERPA by this Governing Board. If the
parent or guardian of a student or an eligible student believe a student record
grade is inaccurate, misleading, or in violation of the students rights or can
show proof that the teacher failed to reasonably follow the guidelines in the
school grading system, the grade may be considered for change as indicated
in the hearing procedure established by 34 Code of Federal Regulations 99.20
and 99.21. The first step is to contact the school records custodian and
request that the record be changed. If the custodian cannot change the
record to the requester's satisfaction the custodian will ask that a request in
writing be submitted using "A Grade Change Request Form." The form shall
be completed by the requestor and returned to an administrator in the school
who shall place the request in the hands of the school records custodian for
disposition in accord with the hearing procedures established.
Adopted:
date of manual adoption
LEGAL REF.: 6.29.1.9 NMAC
6.30.10.1 et seq. NMAC
20 U.S.C. 1232
34 C.F.R. 99
IKA - Grading/Assessment Systems
IKAB - Report Cards/Progress Reports
IL - Evaluation of Instructional Programs
ILB - Test Assessment Administration
JR - Student Records
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-6961
IKAD-R
©
REGULATION
REGULATION
GRADE
Procedures to Seek to
Education Records
[34 C.F.R. 99.20 and 99.21]
ADJUSTMENTS
Correct
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AF
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Parents of students and eligible students have a right to seek to change any
part of the student's record they believe is inaccurate, misleading, or in
violation of student rights [34 C.F.R. 300.618 and 99.20].
For the purpose of outlining the procedure to seek to correct education
records, the term incorrect will be used to describe a record that is inaccurate,
misleading, or in violation of student rights. The term correct will be used to
describe a record that is accurate, not misleading, and not in violation of
student rights. Also, in this section, the term requester will be used to
describe the parent or guardian of a student or the eligible student who is
asking the District to correct a record.
To establish an orderly process to review and correct education records for a
requester, the District may make a decision to comply with the request for
change at several levels in the procedure [34 C.F.R. 300.618 and 99.20].
D
First-level decision.
A parent of a student or an eligible student who
finds an item in the student's education records that appears to be inaccurate,
misleading, or in violation of student rights should immediately ask the
record custodian to correct it. If the record is incorrect because of an obvious
error and it is a simple matter to make the record change at this level, the
record custodian will make the correction. However, if the record is changed
at this level, the method and result must satisfy the requester.
If the custodian cannot change the record to the requester's satisfaction or
the record does not appear to be obviously incorrect, the custodian will:
 Provide the requester a copy of the questioned record at no cost.
 Ask the requester to initiate a written request for the change.
 Follow the procedure for a second-level decision.
Second-level decision.
The written request to correct a student's
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
education records through the procedure at this level should specify the
correction the requester wishes the District to make. It should at least
identify the item thought to be incorrect and state whether the requester
believes the item:
 Is inaccurate and why,
 Is misleading and why, or
 Violates student rights and why.
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 Resulted from the teacher failing to reasonably follow the guidelines in
the school grading system and why.
The request will be dated and signed by the requester.
Within two (2) weeks after receiving a written request, the record custodian
will study the request, discuss it with other school officials (including the
person who made the record or those who may have a professional concern
about the District's response to the request), make a decision to comply or
decline to comply with the request, and complete the appropriate steps to
notify the requester or move the request to the next level for a decision.
If, as a result of this review and discussion, a decision is reached that the
record should be corrected, the record custodian will affect the change and
notify the requester, in writing, of that action. Each such notice will include
an invitation for the requester to inspect and review the student's education
records to make certain the record is in order and the correction is
satisfactory.
D
If a decision is reached that the record is correct, the custodian will make a
written summary of any discussions with other officials and of the findings in
the matter. This summary and a copy of the written request will be
transmitted to the Superintendent.
Third-level decision.
The Superintendent will review the material
provided by the record custodian and, if necessary, discuss the matter with
other officials such as the school attorney or the Board (in executive session
unless otherwise requested by parent[s]). The Superintendent will then
make a decision concerning the request and complete the steps at this
decision level. Ordinarily, this level of the procedure should be completed
within two (2) weeks. If it will take longer, the Superintendent will notify
the requester in writing of the reasons for the delay and a date when the
decision will be made.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If the Superintendent decides the record is incorrect and should be changed,
the record custodian will be advised to make the changes. The record
custodian will advise the requester of the change.
If the Superintendent decides the record is correct, a letter to the requester
will be prepared that will include [34 C.F.R. 300.619 and 99.20]:
 The District's decision that the record is correct and the basis for the
decision.
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AF
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 A notice to the requester explaining the requester's right to ask for a
hearing to present evidence that the record is incorrect and that the
District will grant such a hearing.
 Instructions for the requester to contact the Superintendent to discuss
acceptable hearing officers, convenient times, and a satisfactory site for
the hearing. (The District will not be bound by the requester's
positions on these items but will, as far as possible, arrange the hearing
as the requester wishes.)
 Advice that the requester may be represented or assisted in the hearing
by other parties, including an attorney, at the requester's expense.
Fourth-level decision.
After the requester has submitted (orally or in
writing) any wishes concerning the hearing officer and the time and place for
the hearing, the Superintendent will, within one (1) week, notify the
requester when and where the District will hold the hearing and whom it has
designated as the hearing officer [34 C.F.R. 300.621, 99.21, 99.22, and 99.34].
D
At the hearing, the hearing officer will provide the requester a full and
reasonable opportunity to present material evidence and testimony to
demonstrate that the questioned part of the student's education records is
incorrect as shown in the requester's written request for a change in the
record (second level).
Within one (1) week after the hearing, the hearing officer will submit to the
Superintendent a written summary of the evidence submitted at the hearing.
Along with the summary, the hearing officer will submit recommendations,
based solely on the evidence presented at the hearing, that the record should
be changed or should remain unchanged.
The Superintendent will prepare the District's decision within two (2) weeks
after the hearing. That decision will be based on the summary of the
evidence presented at the hearing and on the hearing officer's
recommendation. However, the District's decision will be based solely on the
evidence presented at the hearing. Therefore, the Superintendent may
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
overrule the hearing officer if the hearing officer's recommendation is deemed
inconsistent with the evidence presented. As a result of the District's
decision, the Superintendent will take one (1) of the following actions:
 If the decision is that the District will change the record, the
Superintendent will instruct the record custodian to correct the record.
The record custodian will correct the record and notify the requester as
at the second-level decision [34 C.F.R. 300.620 and 99.21].
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 If the decision is that the District will not change the record, the
Superintendent will prepare a written notice to the requester that will
include [34 C.F.R. 300.620 and 99.21]:
 The District's decision that the record is correct and will not be
changed.
D

A copy of a summary of the evidence presented at the hearing and a
written statement of the reasons for the District's decision.

Advice to the requester that an explanatory statement may be placed
in the student's education records stating the reasons for disagreement with
the District's decision and/or the reasons for believing the record to be
incorrect.
When the District
Final administrative step in the procedure.
receives an explanatory statement from a requester after a hearing, it will
maintain that statement as part of the student's education records as long as
it maintains the questioned part of the record. The statement will be
attached to the questioned part of the record and whenever the questioned
part of the record is disclosed the explanatory statement will also be disclosed
[34 C.F.R. 300.620 and 99.21].
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-6981
IKAD-E
©
EXHIBIT
EXHIBIT
GRADE
ADJUSTMENTS
GRADE CHANGE REQUEST FORM
Please print:
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Name: ________________________________________ Date:
___________________
Address:
________________________________________________________________
Telephone:
_____________________
______________________
Secondary
Phone:
Best
time
to
be
__________________________________________________
reached:
E-mail
__________________________________________________________
address:
I wish to request a grade change for:
Name of student: _______________________________________________________
Student school identification if any: ______________________________________
school (department), program, or class in which the grade was
D
Name of
given:
________________________________________________________________________
What was the grade given for (course, test or assignment)? ________________
Specify the problem as you see it. Describe any attempts you have made to
solve the problem. Be sure to note relevant dates, times, and places.
If you believes the item:
 Is inaccurate explain why.
 Is misleading explain why.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Violates the students rights explain why.
 Resulted from the teacher failing to reasonably follow the guidelines in
the school grading system explain why.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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AF
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________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
D
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
D
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____________________________________
Signature of Requestor and Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7050
IKB
©
HOMEWORK
The development of study skills and self-discipline are integral and
indispensable elements of a quality educational process.
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AF
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Homework should be assigned consistent with the maturity, special needs,
potential, and achievement level of the individual student. It should not
carry the stigma of punishment. Its assignment should be specifically
addressed to the objectives of the instructional program, and, in addition,
students should develop responsibility for actively pursuing knowledge
without immediate supervision outside as well as within the classroom.
Students, regardless of their intellectual capacity, should understand that
mastery of skills is not always possible within the time constraints of the
classroom. Each student should leave the District with a firm foundation for
pursuing knowledge and developing skills on an independent basis.
The Superintendent is responsible for procedures that will achieve objectives
through homework, including, but not limited to, the following:
 Intervention that changes deficient performance to performance that
meets acceptable standards.
 Reinforcement and mastery of critical skills and concepts.
emphasis will be placed on the mastery of basic skills.
Special
 Challenge through exploration of concepts and skills that complement
and elaborate those introduced in the classroom.
D
 Feedback from the teacher through correction and clarification of all
outside assignments.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7100
IKC
©
CLASS RANKINGS / GRADE
POINT AVERAGES
Rank in class is required by colleges and universities on transcripts
submitted for entrance evaluation.
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AF
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Class rank shall be determined as follows:
 Class ranking will be determined each semester beginning with the
first semester of the ninth grade.
 Class rank will be based only on the grades earned in classes that meet
or exceed graduation requirements.
 Total grade points begin accumulating with the ninth grade. These are
divided by total units attempted to produce the accumulative grade
point average. Students are then ranked according to grade point
average, with 4.00 as high.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7150
IKD
©
HONOR
ROLLS
An honor roll system is an additional means for encouraging goal setting by
students and for providing recognition of students who have achieved those
goals.
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AF
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Honor rolls will be used in grades three (3) through twelve (12). The
Superintendent will establish the minimum achievement level for all honor
rolls, and such determination may be subject to Board approval. Students
will be informed of the honor roll system and instructed to ensure an
understanding of the specific grades and methods used to compute the honor
roll formula.
The District will promote public recognition of students who have attained
honor roll status.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-7200
IKE
©
PROMOTION AND RETENTION
OF STUDENTS
Regular
Education
The District is dedicated to the continuous development of each student.
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AF
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The Board shall approve school-district-developed remediation programs and
academic improvement programs to provide special instructional assistance
to students in grades one through eight who do not demonstrate academic
proficiency. The cost of remediation programs and academic improvement
programs shall be borne by the school district. Remediation programs and
academic improvement programs shall be incorporated into the school
district's educational plan for student success and filed with the department.
Remediation programs and academic improvement programs include tutoring,
extended day or week programs, summer programs and other research-based
interventions and models for student improvement.
Diagnosis of weaknesses identified by a student's academic achievement may
serve as criteria in assessing the need for remedial programs or retention.
Grades
One
through
Eight
At the end of grades one (1) through seven (7), three (3) options are available,
dependent on a student's academic proficiency:
D
 The student is academically proficient and shall enter the next higher
grade;
The student is not academically proficient and shall participate in the required level of reme
The student is not academically proficient after completion of the prescribed remediation prog
 Retained in the same grade for no more than one (1) school year
with an academic improvement plan developed by the student
assistance team in order to become academically proficient, at
which time the student shall enter the next higher grade; or
Promoted to the next grade if the parent refuses to allow the child to be retained. In this
deficiencies. The academic improvement plan shall be developed by the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
student assistance team outlining timelines and monitoring activities to
ensure progress toward overcoming those academic deficiencies. Students
failing to become academically proficient at the end of that year as measured
by grades, performance on school district assessments and other measures
identified by the school district shall then be retained in the same grade for
no more than one (1) year in order to have additional time to achieve
academic proficiency.
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AF
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At the end of the eighth (8th) grade, a student who is not academically
proficient shall be retained in the eighth (8th) grade for no more than one (1)
school year to become academically proficient or if the student assistance
team determines that retention of the student in the eighth (8th) grade will
not assist the student to become academically proficient, the team shall
design a high school graduation plan to meet the student's needs for entry
into the work force or a post-secondary educational institution. If a student
is retained in the eighth (8th) grade, the student assistance team shall
develop a specific academic improvement plan that clearly delineates the
student's academic deficiencies and prescribes a specific remediation plan to
address those academic deficiencies.
A student who does not demonstrate academic proficiency for two (2)
successive school years shall be referred to the student assistance team for
placement in an alternative program designed by the School District.
Alternative program plans shall be filed with the department.
Grades
Nine
through Twelve
D
The cost of summer and extended day remediation programs and academic
improvement programs offered in grades nine through twelve shall be borne
by the parent; however, where parents are determined to be indigent
according to guidelines established by the department, the school district
shall bear those costs.
Special
Education
Any student qualified as a special education eligible student who is unable to
meet regular academic requirements for promotion must meet the
requirements of an alternative curriculum derived from the regular
curriculum, which will be developed by an individualized educational
program (IEP) team on an individual basis. Students placed in special
education will complete the course of study as prescribed in their individual
promotion plans and implemented through their individual education
programs. Course work will be presented at a level commensurate with the
student's ability. The student's permanent file shall identify the courses
ELIDA MUNICIPAL SCHOOL DISTRICT
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completed through special education.
Adopted:
date of manual adoption
22-2C-6 NMSA (1978)
CROSS REF:
IHBC - Programs for At-Risk/Disadvantaged
IKAB - Report Cards/Progress Reports
IKACA - Parent Conferences
D
R
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7250
IKEA
©
MAKE
UP
OPPORTUNITIES
The Superintendent shall develop and implement standards that shall apply
to requirements for student make up assignments during absence for
appropriate reasons.
date of manual adoption
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Adopted:
EBAA - Reporting of Hazards/Warning Systems
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7261
IKEA-R
©
REGULATION
REGULATION
MAKE
UP
OPPORTUNITIES
The following standards shall apply in the District for make up work.
Adjustments may be made when it is in the best interest of the student(s).
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AF
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 It will be the student's responsibility to ask for make up work and to
arrange for a time to make up tests when the student returns.
 If the teacher is unable to supply the student with a make up
assignment, the student will not be held responsible for that make up
assignment.
 The student has the responsibility to work with the teacher to develop a
plan for making up homework and tests.
 If work is not turned in by the time the assignment is due, and the
student fails to provide an acceptable explanation of the extenuating
circumstances that would merit an extension, the teacher may reduce
the grade on the assignment or withhold credit on the assignment.
 When a student has been absent for illness, ample time will be given for
make up work once the student returns to school.
D
 In situations where the student will be absent for more than three (3)
days, due to illness (i.e., chicken pox, measles, etc.), or when the parent
notifies the office that the student will be absent more than one (1)
week for other reasons (e.g., vacation), teachers may provide required
assignments in advance or send assignments to the student.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7300
IKEB
©
ACCELERATION
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AF
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When circumstances indicate that acceleration in grade placement is in the
best interest of the student, close cooperation between the parents and all
school personnel involved is imperative. Each student will have individual
consideration, and decisions will be made only after a careful study of facts
relating to the student's growth and development. The student's academic
achievement level and mental ability are important, but physical and social
characteristics are also determining factors. A decision should be based on
sufficient data collected over a period of time and motivated by a desire to
place the student in the school program where the greatest success will
result.
The final decision to accelerate a student rests with the Superintendent.
Parental involvement in all steps of the process is vital. Parental consent to
the acceleration of a student should be in writing.
If parents do not approve of a decision regarding the acceleration of the
student, they may appeal the decision to the Superintendent. Further
appeal, if necessary, may be made to the Board.
Adopted:
date of manual adoption
IKE - Promotion and Retention of Students
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-7350
IKF
©
GRADUATION
Regular
REQUIREMENTS
Education
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AF
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Ninth grade class of 2009-2010 and after. A minimum of twenty four (24)
units of credit aligned to the state academic content and performance
standards as listed below are required for graduation for those beginning
with the ninth grade class of 2009-2010. A student may receive a high
school diploma of excellence after having demonstrated accomplishment of
the standards or a portfolio of standards based indicators in mathematics,
reading and language arts, writing, social studies, and science adopted by the
Secretary of Public Education. A student may also receive the Seal of
Bilingual-Biliteracy on the diploma of excellence and have it noted on the
school transcript by studying and attaining proficiency in a language other
than English. If a student exits from the school system at the end of grade
twelve (12) without having satisfied the above requirements, the student
shall receive an appropriate state certificate indicating the number of credits
earned and the grade completed. If within five (5) years after a student exits
from the school system, the student satisfies the requirements listed, the
student may receive a high school diploma of excellence. Graduation
requirements shall not be changed for a student entering the ninth grade
from the requirements specified in law at the time the student enrolled in the
ninth grade.
Graduation requirements may be met as follows:
 By successful completion of subject area course requirements.
D
 By mastery of the standards or a portfolio of standards based indicators
adopted by the Secretary of Public Education and other competency
requirements for the subject as determined by the Board.
 By earning credits through correspondence courses that meet
graduation requirements and/or by passing appropriate courses at the
college or university level if the courses are determined to meet
standards and criteria established by the Board.
Graduation requirements are:
For students entering as ninth graders in 2009-2010 at least one (1) unit of
the following twenty four (24) units must be earned in an advanced
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
placement or honors program, a dual-credit course or distance learning
course.
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AF
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English (grammar, nonfiction writing
and literature emphasis)........................................... 4.0 units
Math (one [1] equal to algebra II or higher
unless parents sign off and a financial literacy
course may meet one of the required units) ............ 4.0 units
Science ( two [2] with a laboratory component ) .......... 3.0 units
United States History and Geography,
World History and Geography, and
Government and Economics and onehalf (1/2) unit of New Mexico History .................... 3.5 units
Physical Education or marching band or jr. ROTC
or NMAA sanctioned interscholastic sports ................. 1.0 unit
Career cluster course, workplace readiness
or language ................................................................. 1.0 unit
*Electives including student service learning .............. 7.5 units
Total ............................................................................... 24.0 units
*For students entering the eighth grade in the 2012-2013 school year, a course in
D
A student shall develop and file an updated final next-step plan during the
senior year and prior to graduation that conforms with the requirements for a
student curriculum plan pursuant to 22-13-1.1 NMSA 1978. The plan shall
explain any differences from previous interim next-step plans, shall be filed
with the principal of the student's high school and shall be signed by the
student, the student's parent or guardian and the student's guidance
counselor or other school official charged with coursework planning for the
student. An individualized education program (IEP) filed with the principal
that meets the applicable transition and procedural requirements of the
federal Individuals with Disabilities in Education Act for qualified students
shall satisfy the next-step requirements for that student.
Final examinations shall be administered to all students in all classes offered
for credit.
Parents are to be notified in writing not later than the conclusion of the third
(3rd) nine-weeks grading period of their students senior year if the student is
at risk of not meeting all graduation requirements. Progress reports are to
be provided to parents and students at each grading period.
A high school student required to transfer to an out-of-state school by the
transfer of the student's parents, who are members of the New Mexico
national guard or the armed forces of the United States, may request that a
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
diploma be issued by the New Mexico high school of transfer. The student
must meet the guidelines and comply with the requirements of the New
Mexico Statutes Annotated regarding military dependent transfers and their
courses and grades must meet or exceed New Mexico's requirements for
graduation as determined by the School District.
Special
Education
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AF
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Listed above, under "Regular Education," are the requirements that must be
completed before a student may receive a high school diploma or diploma of
excellence. Completion of graduation requirements for special education
students who do not meet the required units of credit shall be determined on
a case-by-case basis in accordance with the special education course of study
and the individualized education program of the student.
Adopted:
date of manual adoption
22-13-1.1 NMSA (1978)
22-13-1.4 NMSA (1978)
6.29.1.9 NMAC
CROSS REF.:
IGD - Curriculum Adoption
IGE - Curriculum Guides and Course Outlines
IHA - Basic Instructional Program
IIE - Student Schedules and Course Loads
IKA - Grading/Assessment Systems
JFABC - Admission of Transfer Students
JG - Assignment of Students to Classes
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7400
IKFA
©
EARLY
GRADUATION
R
AF
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The Board will authorize early high school completion in order to meet career
goals for selected students. Students desiring early graduation must submit
a written request to the high school principal during the first half of the
semester preceding the semester of desired completion. The principal may
accept requests after this date in special circumstances. The request must
contain the reasons for the request and the written approval of the student's
parents or guardian. All graduation requirements must be met by the early
completion date.
The Superintendent will establish procedures to evaluate each request and
will ensure that the parents or guardian are informed of any restrictions or
limitations to be placed on the student in the event the request is approved,
including restrictions on cocurricular activities.
Diplomas normally will be awarded only at the completion of the spring
semester. However, final transcripts will be provided as soon as the high
school requirements have been met.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7450
IKFB
©
GRADUATION
EXERCISES
Graduation exercises will be held for students who have met state and local
requirements for graduation from high school.
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AF
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Participation in high school commencement exercises is encouraged but is not
compulsory. However, since these exercises require planning and rehearsals,
the following rules shall apply:
 Students who wish to participate must be present at the rehearsals.
Failure to do so, except for legitimate reasons for absence, may be cause
for excluding students from participating in the exercises.
 Students may not participate in the commencement exercises unless
they have successfully completed the requirements for graduation and
paid all fees, fines, and charges due.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7500
IL
©
EVALUATION OF INSTRUCTIONAL
PROGRAMS
(Testing Programs)
R
AF
T
The use of tests is one indication of the success and quality of the educational
program. In the case of an individual student, tests, in combination with
other criteria, can provide an indication of student achievement.
The Board authorizes participation in:
 National, state and local assessment programs.
 A District assessment program that will be subject to regular review
and evaluation.
 Evaluation of all proposed assessment instruments and periodic
evaluation of their use and value.
 In-service education of teachers and other staff members in the use of
assessments and interpretation of assessment results.
Test results of individual students are confidential data; they shall be
provided to parents as appropriate.
Adopted:
date of manual adoption
LEGAL REF.:
22-13-1.2 NMSA (1978)
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
IKF - Graduation Requirements
I-7600
ILB
©
TEST / ASSESSMENT
ADMINISTRATION
(State-Mandated Testing)
Security
of
Testing
Materials
R
AF
T
The employee(s) designated by the Superintendent to coordinate and
administer the mandated tests adopted by the New Mexico Secretary of
Public Education shall:
 Keep all test materials in locked storage.
 Not reproduce any test materials in any manner.
 Not disclose any actual test items to students prior to testing.
 Not provide answers of any test items to any students.
 Administer only practice tests that are provided by the test publishers.
Previous editions of the test series being used in the statewide testing
program may not be used as practice tests.
 Strictly observe all timed subtests. The test publishers' suggested time
limits for untimed subtests shall be followed as closely as possible in
order to maintain uniformity in test administration.
 Follow directions for administering the test explicitly. No test item
may be repeated unless otherwise indicated in the directions.
D
 Not change a student's answer.
 Return all test materials to the Superintendent immediately upon
completion of testing.
 Comply with and enforce the Secretary's rules established for the
security and administration of the testing programs.
Failure to comply with these requirements or others as required by New
Mexico Statutes Annotated or by New Mexico Administrative Code (NMAC)
shall be considered cause for discipline, including but not limited to
suspension or termination. All violations of this policy shall be reported to
the Secretary of Education in accord with the NMAC.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Standards Adopted by the
Secretary of Education
The District shall establish specific objectives to accomplish the goals
established by the Secretary of Public Education. The Superintendent will
make recommendations for such objectives based upon the data gathered
annually.
R
AF
T
The Superintendent will establish regulations and procedures for assessing
student achievement of standards adopted by the Secretary of Public
Education and for reporting and utilizing test results and nontest indicator
data. All students shall participate in the academic assessment program.
The District shall follow Public Education Department adopted standards for
reasonable accommodations in academic testing for students with disabilities
and limited English proficiency, including when and how accommodations
may be applied.
Adopted:
date of manual adoption
LEGAL REF.: 22-2C-4.1 NMSA
6.10.7.7 NMAC Definitions.
6.10.7.8 NMAC (1978)
6.10.7.9 NMAC (1978)
6.10.7.10 NMAC (1978)
6.10.7.12 NMAC (1978)
6.10.7.13 NMAC (1978)
6.10.7.14 NMAC (1978)
6.29.1.1 et seq. NMAC et seq.
CM - District Annual Accountability Report
IL - Evaluation of Instructional Programs (Testing
Programs)
ILC - Use and Dissemination of Test Results
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7750
ILC
©
USE AND DISSEMINATION
OF TEST RESULTS
Assessment scores will be maintained as a part of the student's educational
record. Such permanent record will be sent to another school system upon
request of the school or the parent upon transfer of the student.
R
AF
T
No individual or unauthorized agency outside the school system will be
permitted to have access to a student's test record or permanent record
without written permission from the parent, or from the student if eighteen
(18) years of age.
The parent may have access to the test record of a student under age
eighteen (18) by making an appointment with the principal's office.
Adopted:
date of manual adoption
D
LEGAL REF.: 6.10.7.7 NMAC (1978) et seq.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7850
ILE
©
EVALUATION OF
INSTRUCTIONAL PROGRAMS
R
AF
T
The instructional programs of the District will be regularly evaluated, and
periodic reports will be provided to the Board. The Board will rely on the
Superintendent to provide regular evaluation of the educational program and
instructional processes.
The Superintendent may also arrange for
evaluations to be conducted by outside agencies within the budgeted funds of
the District.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7950
IMA
©
TEACHING
METHODS
(Lesson Plans)
The Board considers written lesson plans a useful tool to ensure continuity of
instruction.
R
AF
T
The Superintendent shall establish procedures that set forth the
requirements for lesson plans and for their preparation and review. Such
procedures shall reflect current standards of the profession and shall have as
their primary objective the best possible educational program for the
students of the District.
To facilitate more effective instruction, lesson plans should be prepared
sufficiently in advance of the class presentation to allow plan books to be
inspected and compared to the guidelines established by the Superintendent.
Teachers shall make thorough preparation for all daily lessons and shall
prepare their plans to reflect such preparation.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-7961
IMA-R
©
REGULATION
REGULATION
TEACHING
METHODS
(Lesson Plans)
R
AF
T
Guidelines for the implementation of this administrative regulation shall
include:
 Lesson plans shall be developed according to District-wide formats and
shall reflect the scope and sequence of the courses of instruction.
Acceptable alternatives may be approved by the principal.
 Lesson plans should include information pertinent to the effective
implementation of a lesson. When commercially prepared plans are in
use, lesson plans may simply refer to the appropriate aspects of such
plans.
 While teachers are required to be thoroughly prepared for each daily
lesson, plans may be prepared for each lesson or on a long-term basis
(i.e., unit of work), whichever is most appropriate. Material to be used
in a lesson(s) - such as duplicated material, cassette tapes, films,
filmstrips, transparencies - may serve as an integral part of the plan.
 Lesson plans for individualized programs should be consistent with the
general overview and purpose of the instructional program. The
progress of individual student(s) must be a consideration in the plan.
D
 Teachers are to provide adequate directions for substitutes, the purpose
of which shall be to continue, if possible, the ongoing program or, if
more appropriate, a meaningful educational alternative that relates to
the subject area.
 The provision that copies of lesson plans must be available for
substitute teachers.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-8000
IMB
©
TEACHING ABOUT
CONTROVERSIAL / SENSITIVE
ISSUES
Democratic tradition often involves dealing with controversial issues.
Knowledge and understanding of such issues are an indispensable part of
education.
R
AF
T
The teacher holds a position of authority and respect in the classroom and
community, and by virtue of that position has great influence in the
formation of the values of all students. It must be clear that personal views
are not a part of the instructional program and must be tempered by the
responsibility to maintain professionalism.
To ensure that controversial issues are dealt with fairly and objectively, and
with instruction as their goal, such issues may be a part of the curriculum as
long as the following policies are observed:
 Teachers should instruct students in the principles and techniques of
the scientific method and provide opportunities for practice in applying
established facts to specific problems.
 Teachers should seek to develop in students the ideals of truth and
honesty.
 All personnel should seek to create an atmosphere in which difference
of opinion can be voiced without fear and hostility and with mutual
respect for all viewpoints.
D
 Constitutional guarantees of due process and freedom of speech will
continue to be observed as to students and teachers alike when they are
involved in a controversial issue.
 Teachers should encourage the suspension of judgment and conclusions
until all relevant and significant facts have been assembled, critically
examined, and checked for accuracy.
 Teachers should seek to develop in students a sense of responsibility for
their beliefs, opinions, attitudes, and actions.
 Teachers should place major emphasis upon "why" and "how" to think
rather than "what" to think.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-8250
IMD
©
SCHOOL CEREMONIES
AND OBSERVANCES
The following shall be adhered to regarding required opening exercises and
school programs as they pertain to customs and holidays:
R
AF
T
 Each student shall be provided with an opportunity to participate in the
Pledge of Allegiance or other patriotic observance each day.
 Students whose parents have informed the school that they are not to
take part in observances will be expected to observe the courtesy of not
disturbing others.
 When special days or significant events are recognized, it is
recommended that appropriate classroom and assembly programs be
presented in keeping with the traditional and historical significance of
the event or season.
Adopted:
date of manual adoption
22-5-4.5 NMSA (1978)
22-27-3 NMSA (1978)
6.10.2.9 NMAC
6.10.2.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-8250
IMDB
©
FLAG DISPLAYS
The United States Flag and New Mexico Flag shall be displayed in each
classroom and on or within all public school buildings. No flag is to be flown
at half-staff unless approved by the Superintendent of Schools and/or
designee, who will follow state and federal guidelines.
date of manual adoption
R
AF
T
Adopted:
22-2-9 NMSA
22-5-4.5 NMSA (1978)
6.10.2.9 NMAC
6.10.2.8 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-8550
IMG
©
ANIMALS
IN
SCHOOLS
The Superintendent may establish procedures for appropriately and
humanely bringing live animals into a classroom. Such procedures shall
forbid the transporting of live animals on school buses.
R
AF
T
The exception to this ban is that seeing-eye and service dogs are permitted on
school buses and in classrooms to perform the functions for which they are
trained.
Adopted:
date of manual adoption
28 CFR 35.104, Americans with Disabilities Act, Title II
28 CFR 35.136, Americans with Disabilities Act, Title II
28-11-1.1 et seq., NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^I-8561
IMG-R
©
REGULATION
REGULATION
ANIMALS
IN
SCHOOLS
R
AF
T
Animals may be brought into the classroom for educational purposes and as
service animals. Service animals are permitted in any areas where their
service owner is normally permitted. However, they must be appropriately
and humanely cared for, and properly handled. Any person who wishes to
bring an animal into the classroom must receive prior permission from the
principal. The following guidelines shall apply to animals in the schools:
 For Service animals, when it is not obvious what service an animal
provides, only limited inquiries are allowed. Staff may ask two
questions: (1) is the dog a service animal required because of a
disability, and (2) what work or task has the dog been trained to
perform. Staff cannot ask about the person's disability, require medical
documentation, require a special identification card or training
documentation for the dog, or ask that the dog demonstrate its ability to
perform the work or task.
 Prior to granting permission, check with the school office regarding
any known allergies among students in the classroom. If allergies
exist, parents must be contacted for further direction. Separation, in
the case of allergies to service animals is the appropriate remedy.
 Animals shall not be transported on school buses (except service
animals).
D
 Teachers must assume primary responsibility for the humane and
proper treatment of any animals in the classroom.
 Only the teacher or students designated by the teacher are to handle
the animals.
 If animals are to be kept in the classroom on days when classes are not
in session, the teacher must make arrangements for their care and
safety.
 Staff members or students who have been bitten by an animal shall
report such incident to the principal and the nurse immediately. The
principal should notify the public health authorities if the injury merits
medical follow-up. Public health authorities should determine the
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
appropriate action and period of confinement for an animal if an injury
results. Any animal involved in a serious injury must be impounded
until authorization for release is granted by health authorities.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-8600
IMH
©
CLASS
INTERRUPTIONS
The Superintendent shall establish regulations limiting class interruptions,
with particular emphasis on use of communication devices and interruptions
by salespersons or visitors.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
I-8611
IMH-R
©
REGULATION
REGULATION
CLASS
INTERRUPTIONS
D
R
AF
T
It will be the responsibility of the principal to limit the clerical duties of
classroom teachers as much as possible and to reduce, to a minimum,
interruptions of classroom programs. Teachers should not be called out of
their classrooms for telephone calls, salespersons, or visitors. Exceptions
may be made in emergencies. The classroom setting shall not be interrupted
by the use of the interschool communication system unless authorized by the
principal.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
STUDENTS
D
R
AF
T
SECTION J
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0050
JA
©
STUDENT POLICIES GOALS /
PRIORITY OBJECTIVES
The Superintendent will establish an environment conducive to the best
learning achievement for each student through meeting the following goals:
R
AF
T
 To individualize the learning program in order to provide appropriately
for each student.
 To protect and observe the legal rights of students.
 To enhance the self-image of individual students through helping them
feel respected and worthy, and through a learning environment that
provides positive encouragement.
 To provide an environment of reality in which students can learn
personal and civic responsibility for their actions through meaningful
experiences as school citizens.
 To deal with students in matters of discipline in a just and constructive
manner.
 To provide, in every way feasible, for the safety, health, and welfare of
students.
 To promote regular attendance and good work.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0150
JB
©
EQUAL EDUCATIONAL
OPPORTUNITIES
R
AF
T
The right of a student to participate fully in classroom instruction shall not
be abridged or impaired because of race, color, religion, sex, sexual
orientation, age, national origin, and disability, or any other reason not
related to the student's individual capabilities.
The right of students to participate in extracurricular activities shall be
dependent only upon their maintaining the minimum academic and
behavioral standards established by the Board, and their individual ability in
the extracurricular activity.
Adopted:
date of manual adoption
LEGAL REF.: 28-1-2 NMSA et seq.
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Educational Opportunities Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, as amended in 1972,
Title VI, Title VII
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
AC - Nondiscrimination
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of
Support Staff Members
IHBA - Special Educational Programs and
Accommodations for Disabled Students
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
KED - Public Concerns/Complaints about Facilities or
Services
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0161
JB-R
©
REGULATION
REGULATION
EQUAL EDUCATIONAL
OPPORTUNITIES
Compliance
Officer
R
AF
T
The Superintendent shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the District or who knows of such
discrimination against another person should file a complaint with the
Superintendent. If the Superintendent is the one alleged to have unlawfully
discriminated, the complaint shall be filed with the President of the Board.
Complaint
Procedure
The District is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Superintendent
shall investigate and document complaints filed pursuant to this regulation
as soon as reasonable. In investigating the complaint, the Superintendent
will maintain confidentiality to the extent reasonably possible.
The
Superintendent shall also investigate incidents of policy violation that are
raised by the Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that
a violation of policy has occurred, the Superintendent shall determine
whether or not to hold an administrative hearing and/or to recommend
bringing the matter before the Board.
D
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the District's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
If the person alleged to have violated policy is a support staff employee, the
Superintendent may follow due process and impose discipline under Policy
GDQD if the evidence so warrants.
The Superintendent also may
recommend a suspension, recommend dismissal, or impose other appropriate
discipline.
If the person alleged to have violated policy is a student, the Superintendent
may impose discipline in accordance with policies JK and JKD.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
If the Superintendent's investigation reveals no reasonable cause to believe
policy has been violated, the Superintendent shall so inform the complaining
party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
R
AF
T
Once the written complaint has been filed using the forms provided by the
District, the Superintendent shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
If the immediate supervisor or site administrator does not respond, the
Superintendent will have ten (10) additional working days to respond in
writing to the complaining party.
D
If the Superintendent does not respond within the established time, then the
complaining party may request in writing that the issue be brought before
the Board. The Board will then review the record of the investigation and
have thirty (30) days to respond to the complaining party in writing.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0181
JB-E
©
EXHIBIT
EXHIBIT
EQUAL EDUCATIONAL
OPPORTUNITIES
COMPLAINT FORM
(To be filed with the compliance officer as provided in JB-R)
R
AF
T
Please print:
Name: ________________________________________ Date: __________________
Address: _______________________________________________________________
Telephone: _____________________
Secondary Phone:_____________________
Best time to be reached: ________________________________________________
E-mail address: ________________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity:
________________________________________________________________________
________________________________________________________________________
Address:
____________________________________________________________
D
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
________________________________________________________________________
________________________________________________________________________
Date of the action against which you are complaining:
__________________
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
R
AF
T
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
D
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
The compliance officer, as designated in JB-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0250
JC
©
SCHOOL
ATTENDANCE
AREAS
(In District)
R
AF
T
The attendance areas of the District will be established by the Board.
Students will attend school in the attendance areas in which their respective
residences are located. Exceptions to this policy may be made for open
enrollment, special placements based on Individualized Educational
Programs, disciplinary actions, available curricula and in the case of
homeless students, continued attendance in their school of origin.
Adopted:
date of manual adoption
22-1-4 NMSA (1978)
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-0500
JE
©
STUDENT
ATTENDANCE
R
AF
T
The parent or guardian is charged by law with responsibility for the student's
school attendance. The Superintendent will enforce the laws regarding
attendance, with consideration for the variables that affect children and
families. The Superintendent will place emphasis on the prevention and
correction of the causes of absenteeism.
Adopted:
date of manual adoption
LEGAL REF.: 22-12-1 NMSA (1978) et seq.
22-12-8 NMSA (1978)
22-12-9 NMSA (1978)
6.10.8.7 NMAC
6.10.8.8 NMAC
6.10.8.9 NMAC
6.10.8.10 NMAC
JH - Student Absences and Excuses
JHB - Truancy
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-0511
JE-R
©
REGULATION
REGULATION
STUDENT
Attendance
ATTENDANCE
Records
R
AF
T
Each time a class meets, the teacher shall check and formally record the
attendance of all students assigned to the class or program for that period of
instruction. The name of any absent student shall be entered on the
prescribed attendance/absence report and be submitted to the office.
A master list of student absences will be prepared daily from attendance
reports received in the office.
D
The school administrator is accountable for assuring that accurate and timely
daily records of student membership and attendance are maintained and
reported.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-0550
JEA
©
COMPULSORY
ATTENDANCE
AGES
A "school-age person" means a person who is at least five (5) years of age
prior to 12:01 a.m. on September 1 of the school year and who has not
received a high school diploma or its equivalent.
R
AF
T
Any parent, guardian or person having custody and control of a person
subject to the provisions of the Compulsory School Attendance Law is
responsible for the school attendance of that person until that person has
reached at least eighteen years of age unless the person has graduated or
received a general educational development certificate.
A person shall be excused from this requirement if, with the written signed
permission of the parent, guardian or person having custody and control of
the person to be excused, the person is excused from the provisions of this
section by the Superintendent of schools for a hardship.
The school-age person shall attend school for at least the length of time of the
school year that is established in the school district or charter school in which
the child is a resident or enrolled and the school district or charter school
shall not excuse a student from attending school except as provided in the
Compulsory School Attendance Law or for parent-authorized medical
reasons.
Adopted:
date of manual adoption
22-1-2 NMSA
22-12-2 NMSA
CROSS REF.:
JE - Student Attendance
JH - Student Absences and Excuses
JHB - Truancy
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0600
JEB
©
ENTRANCE
Special
AGE
REQUIREMENTS
Preschool
R
AF
T
A child evaluated and recommended for special services for a disability in
accord with statute, and who is at least three (3) years of age at any time
during the school year, may be admitted to preschool.
Kindergarten
A "school-age person" means a person who is at least five (5) years of age
prior to 12:01 a.m. on September 1 of the school year
High
School
A person who has not received a high school diploma or its equivalent and
qualifies on the basis of standards and qualifying examinations may enter
high school.
Adopted:
date of manual adoption
LEGAL REF.: 22-12-1 NMSA (1978) et seq.
JHD - Exclusions and Exemptions from School Attendance
JLC - Student Health Services and Requirements
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0650
JF
©
STUDENT
ADMISSIONS
The person enrolling a student (except homeless students) in the school for
the first time will be asked to produce one (1) of the following proofs:
 A certified copy of the child's birth certificate.
R
AF
T
 Other reliable proof of the student's identity and age, including the
student's baptismal certificate, an application for a Social Security
number, or original school registration records, and an affidavit
explaining the inability to provide a copy of the birth certificate.
 A letter from the authorized representative of an agency having custody
of the student certifying that the student has been placed in the custody
of the agency as prescribed by law.
The parent, guardian, or surrogate will be given thirty (30) days to provide
documentation requested as listed above. If documentation is not provided,
a letter will be sent to notify the parent, guardian, or surrogate that unless
the documentation is provided within ten (10) days, the local law enforcement
agency will be notified.
Nothing contained in this policy shall authorize the school to disclose to any
person a student's educational record without prior parental consent unless
the school makes a determination that disclosure of such records is necessary
to protect the health and safety of the student.
date of manual adoption
D
Adopted:
LEGAL REF.:
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
IKEB - Acceleration
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JR - Student Records
JRCA - Request for Transfer of Records
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0750
JFAA
©
ADMISSION OF
RESIDENT STUDENTS
R
AF
T
A student who is a resident of the District and who meets the applicable
requirements established by state law shall be admitted without payment of
tuition to the school in the attendance area in which the student resides and
may be admitted as a resident transfer student to another school in the
District in accordance with the District's open enrollment policy.
 A student who is in the legal custody of a natural or adoptive parent or
other person to whom custody has been granted by a court order and
who resides with the parent or other person in the District.
 A student who is an emancipated minor and whose place of residence is
in the District. When determining whether a minor is emancipated,
the Superintendent will consider such factors as whether the student is
married, financially independent, and residing away from the family
domicile with parental consent.
 A student who is seventeen (17) years of age or older and whose place of
residence is in the District.
 A student who is homeless, and who attended a school in the District at
the time of becoming homeless.
D
The residency of a student, natural or adoptive parent, or other person to
whom custody of the student has been granted by court order shall be based
upon evidence of the individual's physical presence and intent to remain in
the District. Such evidence of residency may include, without limitation,
landlord-tenant agreements, rent receipts, and receipts for utility payments.
A student found to have an invalid enrollment shall be disenrolled from
school in accordance with the procedure set forth in Section 6.10.4.9 NMAC.
Adopted:
date of manual adoption
LEGAL REF.:
6.10.4.9 NMAC
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
IKEB - Acceleration
JFAB - Admission of Nonresident Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JR - Student Records
JRCA - Request for Transfer of Records
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-0800
JFAB
©
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
R
AF
T
For purposes of open enrollment a "nonresident pupil" means a student who
resides in this state and who is enrolled in or is seeking enrollment in a
school district other than the school district in which the student resides. A
student who is not a resident of the District but is a resident of New Mexico
who meets the age and other requirements for open enrollment established
by state law and District policy may be admitted to a school without payment
of tuition.
Out-of-state school age persons may be admitted when there are sufficient
school accommodations to provide for them and tuition may be charged. The
tuition shall not exceed the amount generated by the public school fund for
school-age persons similarly situated within the district for the current year.
The amount of the tuition payable for the school year may be reduced by the
District average ad valorem tax per pupil as determined by the ad valorem
tax credit utilized in calculating state equalization guarantee distribution if
the parent or guardian for the student pays an ad valorem property tax for
school purposes within the District.
Adopted:
date of manual adoption
LEGAL REF.:
22-12-5 NMSA (1978)
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
D
CROSS REF.:
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JR - Student Records
JRCA - Request for Transfer of Records
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
IKEB - Acceleration
J-0950
JFABC
©
ADMISSION
OF
TRANSFER
STUDENTS
(Academic Credit Transfer)
Elementary
R
AF
T
Academic credit for placement in the elementary school subjects and grades
shall be based upon teacher recommendations and previous grade level
assignments subject to the determination that the student can meet the
standards adopted by the Secretary of Public Education for the grade level
assignment.
Credit
for
Graduation
Requirements
Each student who enrolls and requests the transfer of academic credits to
fulfill graduation requirements shall be provided with a list specifying the
courses for which credit has been accepted for graduation and those for which
credit has been denied by the District.
Credits from schools that are accredited by a Public Education Department in
the United States its territories or the Department of Defense shall be
transferable with no loss of value.
Transferred credit from correspondence extension study, foreign study, home
study courses or non Public Education Department accredited nonpublic
schools that satisfies any of the following criteria will be acceptable for
fulfilling District graduation requirements:
D
 The credit was from a course taught by a teacher licensed by the State
of New Mexico.
Awarding of the credit was based upon instruction and an assessment that meets the standar
 The credit was awarded by a school accredited by one (1) of the
following accrediting agencies of colleges and schools; North Central
Association, Southern Association, Middle States Association, New
England Association, Northwestern Association, Western Association
and meets standards adopted by the state where the credit was
granted.
When transfer credit is denied for a course, the student may request and take
an examination on the course subject matter designed and evaluated by a
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
teacher in the receiving school who is licensed to teach the subject matter of
the course for which the credit was requested and who is selected by the
Superintendent. Upon receiving a satisfactory score as determined by the
teacher, course credit will be awarded to fulfill the requirements for
graduation. All courses credited for graduation must meet the standards
adopted by the Secretary of Public Education where such standards exist.
Where standards have not been adopted by the Secretary of Public Education,
courses credited for graduation must meet the standards established for the
school to which the student has requested a transfer of credit.
date of manual adoption
R
AF
T
Adopted:
6.29.1.9 NMAC
CROSS REF.:
JG - Assignment of Students to Classes
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1000
JFABD
©
ADMISSION
OF
HOMELESS
STUDENTS
This policy is intended to direct compliance with New Mexico State Laws and
New Mexico Administrative Code and the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001 and should be read as
consistent with those documents.
R
AF
T
Definitions
The term "homeless students" means individuals who lack a fixed, regular,
and adequate nighttime residence and includes:
 students who are sharing the housing of other persons due to loss of
housing, economic hardship, or a similar reason; are living in motels,
hotels, trailer parks, or camping grounds due to the lack of alternative
adequate accommodations; are living in emergency or transitional
shelters; are abandoned in hospitals; or are awaiting foster care
placement;
 students who have a primary nighttime residence that is a public or
private place not designed for or ordinarily used as a regular sleeping
accommodation for human beings;
 students who are living in cars, parks, public spaces, abandoned
buildings, substandard housing, bus or train stations, or similar
settings; and
D
 migratory students who qualify as homeless because the children are
living in circumstances described above.
The term "school of origin" means the school that the student attended when
permanently housed or the school in which the student was last enrolled.
The term "unaccompanied youth" includes a youth not in the physical custody
of a parent or guardian.
Liaison
for
Homeless
Students
The Chief Executive Officer will designate an appropriate staff person as
liaison for homeless students who will carry out duties as assigned. Among
those duties will be the responsibility to coordinate activities and programs in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
the best interest of homeless students that will include, but not be limited to,
establishment of procedures to:
 continue the student's education in the school of origin for the duration
of homelessness:
 in any case in which a family becomes homeless between academic
years or during an academic year; or
 for the remainder of the academic year, if the student becomes
permanently housed during an academic year; or
R
AF
T
 Enroll the student in any public school that nonhomeless students who
live in the attendance area in which the student is actually living are
eligible to attend.
Best Interest of the
Homeless Student
In determining the best interest of the homeless student, the school shall:
 To the extent feasible, keep a homeless student in the school of origin,
except when doing so is contrary to the wishes of the student's parent or
guardian;
 Provide a written explanation, including a statement regarding the
right to appeal, to the homeless student's parent or guardian, if the
homeless student is sent to a school other than the school of origin or a
school requested by the parent or guardian; and
D
 In the case of an unaccompanied youth, the liaison for homeless
students shall assist in placement or enrollment decisions, considering
the views of such unaccompanied youth, and providing notice to such
student of the right to appeal.
Adopted : date of manual adoption
LEGAL REF.:
6.10.3.1 NMAC
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
EEAA - Walkers and Riders
IKEB - Acceleration
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFB - Open Enrollment
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JR - Student Records
JRCA - Request for Transfer of Records
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1011
JFABD-R
©
REGULATION
ADMISSION
REGULATION
OF
HOMELESS
STUDENTS
(Notice)
R
AF
T
In accordance with the McKinney-Vento Homeless Assistance Act of 2001,
722 (e)(3)(C) and the New Mexico Administrative Code Section 6.10.3.1 et seq.,
the parent or guardian (student if unaccompanied) is to receive and
acknowledge notice of the rights set forth below. This notice should be
provided in a language the student, parent or guardian can understand.
Admission
The school selected by the homeless student shall immediately admit the
homeless student, even if the student is unable to produce records normally
required for enrollment, such as previous academic records, medical records,
proof of residency, or other documentation.
The enrolling school shall immediately contact the school last attended by the
student to obtain relevant academic and other records.
If the student needs to obtain immunizations, or immunization or medical
records, the enrolling school shall immediately refer the parent or guardian
of the student to the liaison for homeless students, who shall assist in
obtaining necessary immunizations, or immunization or medical records.
Admission
Disputes
D
If a dispute arises over school selection or enrollment in a school:
 the student shall be immediately admitted to the school in which
enrollment is sought, pending resolution of the dispute;
 the parent or guardian of the student shall be provided with a written
explanation of the school's decision regarding school selection or
enrollment, including the rights of the parent, guardian, or student to
appeal the decision;
 the student, parent, or guardian shall be referred to the liaison for
homeless students, who shall carry out the dispute resolution process
as expeditiously as possible after receiving notice of the dispute in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
accord with the procedure found in the New Mexico Administrative
Code; and
 in the case of an unaccompanied youth, the liaison for homeless
students shall ensure that the student is immediately enrolled in school
pending resolution of the dispute.
Enrollment
Decision
R
AF
T
The decision regarding enrollment shall be made regardless of whether the
student lives with the homeless parents or has been temporarily placed
elsewhere.
Parent
Rights
(Student if Unaccompanied)
The parent or guardian of a homeless student (student if unaccompanied) has
the right to:
 Continue the student's education in the school of origin for the duration
of homelessness:
 in any case in which a family becomes homeless between academic
years or during an academic year; or
 for the remainder of the academic year, if the student becomes
permanently housed during an academic year; or
 Enroll the student in any public school that nonhomeless students who
live in the attendance area in which the student is actually living are
eligible to attend.
D
 Appeal if the homeless student is sent to a school other than the school
of origin or a school requested by the parent or guardian. Upon appeal
the district has ten (10) days to reconsider the initial determination and
make a final decision as to the position taken.
 An appeal shall be made on the forms provided by the school.
 If not satisfied by the result of the appeal further appeal may be
made to the state level through the State Coordinator of
Education for Homeless whose contact information is given below.
 Enroll in, and have full and equal opportunity to succeed in school
without being segregated from the nonhomeless student population.
 Receive educational services for which such families and students are
eligible, including:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Transportation services and meals programs;
 Head Start and Even Start programs and preschool programs
administered by the School; and
 referrals to health care and immunization services, dental
services, mental health services, and other appropriate services.
 Identification or service without being stigmatized as homeless by
school personnel.
R
AF
T
 Obtain assistance of advocates or attorneys.
 Provide written or oral documentation to support their position.
A parent or guardian (student if unaccompanied) may contact the District
Liaison for Homeless Children and Youths at;
District: Elida Municipal School District
Attn: Amelia Bilbrey
Telephone: 575-274-6211
E-mail: abilbrey@elidaschools.net
The District Liaison for Homeless shall ensure that the parent or guardian of
a homeless student, and any unaccompanied youth is:
 assisted in accessing transportation to the selected school;
 provided assistance in exercise of the right to attend the school of choice
and other necessary services;
D
 and is provided the notice information in a manner and form
understandable to the recipient and if necessary and to the extent
feasible, in the native language of the recipient.
A parent or guardian (student if unaccompanied) may contact the State
Coordinator for Education of Homeless Children and Youths to appeal if not
satisfied with the resolution of a dispute at the local level. The contact
information is listed below;
Dana Malone, McKinney-Vento Homeless Education
State Coordinator
New Mexico Public Education Department
Coordinated School Health and Wellness Bureau
120 S. Federal Place, Room 206
Santa Fe, NM 87501
Telephone: (505) 827-1464
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
E-mail: Dana.Malone@state.nm.us
The State Coordinator is the appeal authority having jurisdiction over the
local school district.
The signature below indicates that the signatory has received and
understands this information on rights.
_______________________
Legal
Guardian
R
AF
T
__________________________________________
Signature
of
Parent,
Date
(or unaccompanied student)
D
One (1) copy to signatory and one (1) to the liaison officer file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1031
JFABD-EA
©
EXHIBIT
EXHIBIT
ADMISSION
OF
HOMELESS
STUDENTS
(Liaison Position)
R
AF
T
The School shall designate a liaison for homeless students and, in conjunction
with the state coordinator, shall inform school personnel, service providers,
and advocates working with homeless families of the duties of the School
liaison.
The School liaison for homeless students shall ensure that:
 homeless students are identified by school personnel and through
coordination activities with other entities and agencies;
 homeless students enroll in, and have full and equal opportunity to
succeed in, the District's schools;
 homeless families and students receive educational services for which
such families and students are eligible, including:
 Head Start and Even Start programs and preschool programs
administered by the School; and
 referrals to health care and immunization services, dental
services, mental health services, and other appropriate services;
D
 the parents or guardians of homeless students are informed of the
educational and related opportunities available to their children and
are provided with meaningful opportunities to participate in the
education of their children;
 public notice of the educational rights of homeless students is
disseminated where such students receive services under the Homeless
Assistance Act, such as:
 schools;
 family shelters; and
 soup kitchens;
 disputes over school selection or enrollment in a school are mediated in
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
a manner that:
 immediately admits the student to the school in which enrollment
is sought, pending resolution of the dispute;
 provides the parent or guardian of the student with a written
explanation of the school's decision regarding the school selection
or enrollment, and informs the parent, guardian, or student of the
rights to appeal the decision;
R
AF
T
 expeditiously carries out the dispute resolution process after
receiving notice of the dispute; and
 in the case of an unaccompanied youth, ensures that the student
is immediately enrolled in school pending resolution of the
dispute;
 fully informs the parent or guardian of a homeless student, and any
unaccompanied youth, of all transportation services, including
arrangements for transportation to the school of origin;
 assists the parent or guardian of a homeless student, and any
unaccompanied youth, in accessing transportation to the selected
school.
As a part of the duties, the School liaison for homeless students will
coordinate and collaborate with state coordinators and community and school
personnel responsible for the provision of education and related services to
homeless students.
D
The School liaison for homeless students will forward the dispute resolution
process form of the Public Education Department along with the written
explanation of the school's decision to the Department's homeless liaison
within five (5) calendar days of the school's final decision regarding a dispute
on placement of the homeless student if the decision is contrary to the
homeless parent or child. The following information shall be included:
 School name, address, phone and fax number;

Student's name, identification number, grade, and address;
Parent, guardian or complaining party's name, relationship to student, address, and phone nu

Whether student lives in a shelter;
Name of school child or youth chooses to be enrolled in pending resolution of dispute;
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

Whether school enrolled in is school of origin;

Reason for complaint;

Signature of parent guardian or complaining party; and
D
R
AF
T
 The principal's actions on the complaint.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1032
JFABD-EB
©
EXHIBIT
EXHIBIT
ADMISSION
OF
HOMELESS
STUDENTS
(Complaint Form)
Person(s) filing complaint:
_____________________________________________
________________________________
R
AF
T
Complainant can be contacted as follows
________________________________________________________________________
Date complaint is filed:
Student name and grade:
________________________________________________
______________________________________________
Has problem been discussed with the administration?
 Yes  No
Date ____________________________________
Information the complainant wishes to have considered:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
D
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Other persons with information about concern:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
R
AF
T
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
________________________________________
Signature of complainant
_______________________
Date
D
The administration shall give one (1) copy to the complainant and shall retain
one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1050
JFB
©
OPEN
ENROLLMENT
The District has an open-enrollment program as set forth in 22-1-4 NMSA
1978.
Enrollment
Options
R
AF
T
District resident pupils may enroll in another school district or in another
school within this District. Pupils may enroll in schools within this District,
subject to the procedures that follow.
Information
and
Application
The Superintendent shall prepare and distribute the District's application
process, standards for acceptance or rejection, and policies, regulations, and
procedures for open enrollment. The packet will be made available to
everyone who requests it.
For non-Title I schools, notice provided to parents must incorporate the open
enrollment provision that students from schools identified for improvement
are considered to have higher priority when considering transfer requests. If
funding from non-federal (state or local sources) is not available, parents
should also be notified that funding of transportation is not possible.
D
Any eligible New Mexico resident may seek open enrollment by completing
and submitting an enrollment application form. Applicants may be selected
or receive early placement on the waiting list for enrollment if their
applications are received between March 1 and April 30 prior to the
beginning of each school year. Those applications received after this period
will be added to a waiting list in the order that they are received and may be
considered following the placement of students already on waiting lists by
grade and enrollment preference categories. All nonresident transfer pupils
enrolled and pupils seeking enrollment must reapply yearly.
Transfers shall be made at the beginning of a semester. If an emergency
arises or reasonable justification can be provided, the school principal will
review a request for variance. In the event the principal negates the request,
the matter may be presented to the Superintendent and ultimately to the
Board for a decision. Transfer students will be expected to remain in the
school of their choice until the close of the semester in which they are
enrolled. Nothing in this open enrollment policy shall prevent the District
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
from placing a pupil at any time in a school based upon the best interest of
the student and school provided capacity is available.
First Priority Placement and Excess Capacity
The Superintendent shall annually estimate how much excess capacity may
exist to accept transfer pupils. The estimate of excess capacity shall be
made for each school and grade level and shall take into consideration:
 District resident pupils in assigned school attendance areas.
R
AF
T
 Pupils who were enrolled in the school the previous year and relocated
because their parents were deployed as active duty members of the
United States armed forces or national guard.
 Homeless pupils who were enrolled in the school as a school of origin (A
school of origin means the school that the student attended when
permanently housed or the school in which the student was last
enrolled.)
 The enrollment of eligible children of certificated employees. (In order
to encourage qualified certificated employees to join the staff, children
of certificated employees will be enrolled if space is available per
22-12-5 NMSA.)
The estimate of excess capacity shall be made for each school and grade level
and shall be based upon 22-10A-20 NMSA 1978 regarding teacher/student
ratios with consideration for school growth factors.
The determination of excess capacity shall be made following class size
estimates of expected enrollment of those residents within each school
attendance area the previous semester and those listed bullets found above.
Priorities
D
Enrollment
If the Superintendent has determined that there is excess capacity to enroll
additional pupils, such pupils shall be selected on the basis of designated
priority categories by grade from the pool of pupils:
 Who have properly completed and submitted applications; and
 Who meet admission standards.
Enrollment priorities and procedures for selection shall be in the order and in
accordance with the following:
 Second (2nd) enrollment priority shall be given to pupils who request a
transfer from a school ranked as a school that needs improvement or
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
one subject to corrective action. If capacity is not sufficient to enroll all
of these pupils, they shall be selected through a random selection
process adopted by regulation of the Superintendent and placed in
classes or on a waiting list in order of selection.
 Third (3rd) enrollment priority shall be given to those who previously
attended the public school. If capacity is not sufficient to enroll all of
these pupils, they shall be selected through a random selection process
adopted by regulation of the Superintendent and placed in classes or on
a waiting list in order of selection.
R
AF
T
 Fourth (4th) enrollment priority shall be given to all other applicants.
If capacity is not sufficient to enroll all of these pupils, they shall be
selected through a random selection process adopted by regulation of
the Superintendent and placed in classes or on a waiting list in order of
selection.
 A student who falls in enrollment priorities of previously attended the
public school or any other applicant as found above may be given
additional enrollment preference within that enrollment priority by the
Superintendent upon request by the applicant and in consideration of
each of the following circumstances subject to capacity available:
 after-school child care for students;
 child care for siblings of students attending the public school;
 children of non-certificated employees employed at the public
school;
 extreme hardship;
 location of a student's previous school;
D
 siblings of students already attending the public school; and
 student safety.
 Enrollment shall be given to out-of-state residents after all others and
tuition shall be charged only if indicated by application of NMSA
22-12-5.
Admission
Standards
A student who has been expelled during the last twelve (12) months by any
school district or private school in the United States or who has exhibited
behavior detrimental to the welfare or safety of other students or school
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
employees imposed by any other school or school district in the United States
within the last twelve (12) months shall not be admitted. Acceptance for
enrollment may be revoked reenrollment denied upon finding the existence of
any of these conditions.
Notification
Notification shall be given prior to the beginning of the semester if possible
for those selected on the basis of (1) the student's enrollment priority category
by grade, and then (2) the order of the student's entry on the waiting list.
R
AF
T
The District shall notify the emancipated pupil, parent, or legal guardian in
writing whether the applicant has been accepted, placed on a waiting list
pending the availability of capacity, or denied enrollment. If the applicant is
placed on a waiting list, the notification shall inform the emancipated pupil,
parent, or legal guardian of the time when it will be determined whether
there is capacity for additional enrollment in a school. If the pupil's
application is rejected, the reason for the rejection may be stated in the
notification.
Exception
Should there be excess capacity by grade level remaining for which no
applications were submitted by the dates established for initial applications,
the Superintendent shall authorize additional enrollment of pupils:
 Up to the determined capacity.
 On the basis of the order of the completed applications submitted after
the notification date established in this policy.
 Without regard to enrollment preference.
D
 As long as admission standards are met.
Hearing and Appeal Procedure
for Denial of Enrollment
A student may appeal the denial of enrollment or reenrollment for
attendance by requesting a hearing with the Superintendent of Schools
within ten (10) days of receiving notification. Such hearing shall be on an
informal basis, providing the student the opportunity to present factual
information that would contradict the information leading to the denial. An
electronic record shall be made of the hearing. Upon completion of the
hearing the Superintendent shall render a decision in writing. The student
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
may request that the decision of the Superintendent be reviewed by the
Board within five (5) days of receipt of the Superintendent's decision. The
Board shall receive the request and review the record to determine if the
Superintendent's decision to deny enrollment was based upon reasonable
information of expulsion or detrimental behavior as provided for in 22-1-4
NMSA 1978. A determination by the Board that the reasons were within
statutory guidelines would affirm the Superintendent's decision, a
determination to the contrary would allow the enrollment or reenrollment if
the student based upon the priorities of this policy.
Adopted:
date of manual adoption
22-1-4 NMSA (1978)
22-10A-20 NMSA (1978)
22-12-5 NMSA (1978)
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
6.10.3.1 et. seq. NMAC
6.42.2.8 NMAC.
CROSS REF.:
EEAA - Walkers and Riders
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JG - Assignment of Students to Classes and Grade Levels
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1061
JFB-R
©
REGULATION
REGULATION
OPEN
Selection
ENROLLMENT
Process
R
AF
T
All applicants will be accepted if there is sufficient capacity. If there is
insufficient capacity, applicants will be selected from the submitted
applications for enrollment in a school in accordance with a random selection
process by enrollment priority and grade level except where policy may
indicate otherwise. After June 1, pupils shall be selected for enrollment
from the waiting list by enrollment priority in the order in which the pupils
were placed on the waiting list through the random selection process, or as
otherwise provided by policy.
Procedure
The procedure for selection shall be as follows:
D
 The applicants will be divided by priority categories and grade level,
have their names placed on separate pieces of paper and the papers
placed in a container. Names will be drawn by priority categories and
numbered in the order in which they are drawn. All applications
properly submitted will be drawn and numbered for enrollment
consideration. The applicants whose names are selected in order, up to
the capacity limitations established, shall be permitted to enroll in the
school and grade level. All others drawn will be placed on a waiting
list with priority in accord with the lowest number.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1081
JFB-E
©
EXHIBIT
EXHIBIT
OPEN
ENROLLMENT
ATTENDANCE APPLICATION
File this application at the School District office
R
AF
T
Student's name
_________________________________________________________
Last
First
Current grade_____
Birth date__________
phone___________________
Work phone____________________________
________________
M.I.
Home
Message
phone
Parent's name __________________________________________________________
Last
First M.I.
Home address __________________________________________________________
Street
City
Zip
(P.O. Box is not acceptable as an address)
E-mail address _________________________________________________________
D
The above-named student:

resides outside the School District but within NM; or

resides within the School District
Present school of attendance
School__________________________
District _____________________________
City ____________________________
_____________________________
Request assignment to:
___________________________________ School
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
County
Is the above-named student:
Expelled or long-term suspended from any school or school district within
the last twelve (12) months?
 Yes
 No
Subject to expulsion or long-term suspension from a school or school district
within the last twelve (12) months?
 Yes
 No
R
AF
T
In compliance with a condition of disciplinary action in any school or school
district within the last twelve (12) months?
 Yes
 No
 N/A
Note:
The following conditions apply to the open-enrollment program:
1. An attendance application must be completed and submitted.
2.
Enrollment is subject to the capacity limit established for the school
and/or its grade levels.
3. The parent or legal guardian will be notified in writing whether the
application has been accepted, rejected, or placed on a waiting list.
4. Transportation for the student shall be the responsibility of the parent
or legal guardian.
5. Providing false information on this form may result in the application
being denied or admission being revoked.
The signatory affirms that the student will abide by the rules, standards, and
policies of the school and the District if enrolled.
D
______________________________________
______________________
Signature
of
Parent
or
Date
FOR DISTRICT USE ONLY

Legal
Guardian
DO NOT WRITE BELOW THIS LINE
Student number_______________________ Date stamp __________________
Filing Date
 Accepted  Placed on waiting list
_________________________
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Principal

Rejected - Reason for rejection _______________________________________
Copies sent by school to applicant and Superintendent's office.
D
R
AF
T
Date sent _____________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1300
JFC
©
STUDENT WITHDRAWAL FROM
SCHOOL / DROPOUTS
R
AF
T
A withdrawal form shall be presented to the parent or legal guardian of a
student who may or must withdraw from school. The withdrawal form shall
include space for the reason for withdrawal and the signature of an official of
the school from which the student has withdrawn.
Reasons for withdrawal may include:
 Parents or legal guardians moving from the District or to an area
served by another school.
 A request from a student who has reached eighteen (18) years of age.
 Absence of more than ten (10) consecutive days; provided that
withdrawals do not include truants and habitual truants the school
district is required to intervene with and keep in an educational setting
as provided in Section 22-12-9 NMSA 1978.
 Expulsion or long-term suspension.
Upon withdrawal, the student shall check in all books and other District
property through the office of the school that was attended.
Adopted:
date of manual adoption
D
LEGAL REF.: 22-12-1 NMSA et seq. (1978)
22-12-2 NMSA (1978)
22-12-9 NMSA (1978)
CROSS REF.:
JF - Student Admissions
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1400
©
JG
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
R
AF
T
Students who apply for admission to grades one (1) through twelve (12) on
the basis of prior schooling outside the District will be placed initially at the
grade levels they have reached elsewhere subject to determination of
accomplishment of standards required for that placement.
Assignment of a student to classes (classroom or subjects) shall be made
based upon the student's grade-level assignment, completion of any
prerequisites, achievement of any required standard, and any classroom
limitations or class-size guidelines, in that order.
The Superintendent shall establish procedures for guiding the review and
assignment of students to classes and grade levels.
Adopted:
date of manual adoption
IKE - Promotion, Retention and Acceleration of Students
IKEB - Acceleration
IKF - Graduation Requirements
JFABC - Admission of Transfer Students
JFB - Open Enrollment
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1411
©
REGULATION
JG-R
REGULATION
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
Elementary
School
R
AF
T
The principal will determine whether there should be any change in the
grade-level placement of the student. In making such determination, the
principal will be guided by teacher recommendations and consultation with
the parent(s).
Assignment of a student to classes shall be the responsibility of the principal
after consideration of the student's grade-level assignment, completion of any
prerequisites, the student's achievement, and any classroom limitations or
class-size guidelines.
High
School
The principal shall establish the number of credits needed for a student to be
placed at a particular grade level. The determination of grade level will be
made based upon progress toward graduation requirements normally
expected of a student to graduate in a four (4)-year period. Students will be
assigned to grade levels based upon the credits earned and accepted by the
District.
D
The principal of the high school will prepare a list of prerequisites for classes
offered in the high school, specifically stating grade level and credit or
achievement required before a pupil can take a specific class or subject. Also
included shall be a statement of priority for assignment to a class or subject with classroom limits based upon number of sections offered or scheduled and/or the class-size guidelines. The list developed will be submitted to the
Superintendent for approval. All subjects offered in the high school will be
included in the list.
The principal of the high school will designate responsibility for determining
the grade level and specific classes or subject assignment of a student. The
assignments shall be made consistent with policy, regulations, and approved
school guidelines.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1550
JH
©
STUDENT
ABSENCES
AND
EXCUSES
R
AF
T
The regular school attendance of a child of school age is required by state law.
Regular school attendance is essential for success in school; therefore,
absences shall be excused only for necessary and important reasons. Such
reasons include but are not limited to those reasons approved by the school
administration such as, illness, bereavement, other family emergencies, and
observance of major religious holidays of the family's faith.
In the event of a necessary absence known in advance, the parent is expected
to inform the school; if the absence is caused by emergency, such as illness,
the parent is expected to telephone the school office, if possible. When a
student returns to school following an absence, a note of explanation from the
parent is required, unless the parent notified the school in advance of the
absence.
School administrators are authorized to excuse students from school for
necessary and justifiable reasons.
Adopted:
date of manual adoption
LEGAL REF.:
22-12-2 NMSA (1978)
22-12-8 NMSA (1978)
D
CROSS REF.:
JHB - Truancy
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
JE - Student Attendance
J-1561
JH-R
©
REGULATION
REGULATION
STUDENT
When
Absent
from
ABSENCES
AND
EXCUSES
School
R
AF
T
If the parent(s)/guardian(s) have a telephone and provide the contact number
to the school, the school may make a reasonable effort to give notification of
absence within three (3) hours of the beginning of the school day if the school
has not received confirmation of the student's absence. No right of being
informed is established by this direction to staff.
State law mandates that children be in attendance during the period when
school is in session. Therefore, when a student is absent, the parent shall
call the school on or before the day of the absence in order to advise the school
as to the reason for the absence if a telephone is available. When it is
impossible to call on the day of the absence, the school should be notified on
the morning the student returns by signed parental note, in time for the
student to obtain an admission approval prior to class time. All absences not
verified by parental or administrative authorization will be considered
unexcused.
If a parent does not have access to a phone, either at home or at work, a note
will be accepted for verification purposes.
For absences greater than one (1) day in length, the school should be notified
each day of the absence.
D
If a student is absent for three (3) or more successive school days, the school
shall contact the student's parents, legal guardian or custodian by telephone,
if possible, no later than the close of school on the school day next succeeding
the three-day period. A written notice shall be dispatched if telephone
contact has not been made. The provisions of this section do not apply to
any absence if the parent, legal guardian or custodian, prior to the end of the
three-day period, has contacted the school to explain the absence.
All personnel will solicit cooperation from parents in the matter of school
attendance and punctuality, particularly in regard to the following:
 The scheduling of medical and dental appointments after school hours
except in cases of emergency.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16

The scheduling of family vacations during school vacation and recess periods.
D
R
AF
T
The school may require an appointment card or a letter from a hospital or
clinic when the parent has not notified the school of an appointment of a
medical or dental nature.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1660
JHB
©
TRUANCY
R
AF
T
A student with five (5) unexcused absentees within a school year is a a
student in need of early intervention and one with ten (10) or more
unexcused absences within a school year is "habitually truant". The
Superintendent will establish procedures to identify and intervene with
students in need of early intervention, beginning with contacting parents
and requesting an opportunity to discuss interventions. Discipline shall not
include out-of-school suspension or expulsion, but should focus on
intervention and fostering retention of students in the educational setting.
Parents of "habitually truant" students are to receive notice of such which
shall include a specific date, time and place for the "habitually truant"
student's parent to meet with school personnel to develop intervention
strategies for keeping the student in an educational setting. Only after
exhaustion of intervention strategies may the district consider withdrawal of
the student from membership in the school.
An excused absence shall be as determined in Policy JH but statutes and
regulations relative to notice and intervention do not apply to any absence if
the parent has contacted the school to explain the absence.
Adopted:
date of manual adoption
22-8-2 NMSA (1978)
22-12-7 NMSA (1978)
22-12-8 NMSA (1978)
22-12-9NMSA (1978)
6.10.8.7 NMAC
6.10.8.8 NMAC
6.10.8.9 NMAC
6.10.8.10 NMAC
D
LEGAL REF.
CROSS REF.:
JE - Student Attendance
JEA - Compulsory Attendance Ages
JH - Student Absences and Excuses
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1661
JHB-R
©
REGULATION
REGULATION
TRUANCY
Parental
Involvement
R
AF
T
Upon a student's fifth (5th) unexcused absence within a school year
parent(s)/guardian(s) shall be contacted to inform them of the absences and
to meet and establish a cooperative arrangement to prevent future absences
by identifying:
 the cause(s),

preventive measures,

resources to address the causes, and

a corrective action plan including follow-up procedures.
The parental meeting notice shall be respectful and the meeting shall be held
in a language and manner understandable to the parent(s)/guardian(s).
Notice
of
Habitual
Truancy
D
Upon a student's tenth (10th) unexcused absence within a school year,
written notice of the habitual truancy shall be given by regular mail to or by
personal service on the parent of the student subject to and in noncompliance
with the provisions of the Compulsory School Attendance Law. The notice
shall include the date, time and place for the parent to meet with a district
representative to develop intervention strategies focused on keeping the
student in school.
Should an additional unexcused absence occur after delivery of a written
notice of habitual truancy, the probation services office of the district where
the student resides shall be notified within seven (7) days.
Follow up with the probation office shall be accomplished within a reasonable
time to determine the disposition of the violation of the Compulsory School
Attendance Law, and may, if no referral was made to the children's court,
include contact with the children's court attorney to determine what action is
to be taken. If the probation office determined that the parent or guardian
may have caused the habitual truancy and no charges have been filed, the
school district may contact the district attorney's office to determine what
action will be taken.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Record
Keeping
The following records shall be kept for each student identified as habitually
truant:
 Attempts to notify the parent of student unexcused absences,

Attempts to meet with the parents to discuss intervention strategies, and
D
R
AF
T
 Intervention strategies implemented to support keeping the student in
school.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1681
JHB-EA
©
EXHIBIT
EXHIBIT
TRUANCY
The following letter may be used in alternative forms, one (1) for the students
in need of intervention and one (1) for those habitually truant. Copy and
remove the appropriate sentences to make the adjustment.
R
AF
T
Dear ____________________:
(For students in need of intervention) This letter is to inform you that the
School District has noted at least five (5) unexcused absences on the part of
(student name)______________________________.
(For students habitually truant) This letter is to inform you that (student
name) ______________________________ has ten unexcused absences and is
considered habitually truant which if such absences continue may result in
referral to the court system.
An unexcused absence is one that does not fall within the following:
 illness,
 bereavement,
 other family emergencies,
 observance of major religious holidays of the family's faith, or
 an absence that has been approved by school authorities.
D
An unexcused absence of two (2) or more classes up to fifty percent of an
instructional day shall be counted as one-half day absent and an unexcused
absence of more than fifty percent of an instructional day shall be counted as
one full day.
A representative of the school would like to meet with you to discuss
methods of preventing future unexcused absences and interventions that may
ensure that your child will continue to receive an appropriate public
education. Please make the time to attend a meeting. (For students in need
of intervention) The following dates and times are available for the meeting.
(For habitually truant students) The following dates and times have been
established for the meeting. Please contact us by telephone or return mail to
confirm the time and location.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Date _______________
Time_______________
Location ___________________________________
If you have any questions, please contact me at ___________________________.
D
R
AF
T
Sincerely,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-1682
JHB-EB
©
EXHIBIT
EXHIBIT
TRUANCY
ACTION PLAN FOR STUDENTS WITH
ATTENDANCE PROBLEMS
School year ____________
R
AF
T
___________________________________________ ____________ _____________
Student's name
Grade level
Date
_________________________________
Parent's name
______________________
City
_________________
State
Phone_____________________
E-mail address
___________________________________
Address
______________________
Zip
Cell Phone _____________________
____________________________________________
________________________ ___________________ __________________________
Person responsible for
Position
School
home-school coordination
Action list:
Comments
_________________ 1.
D
_________________
_________________
_________________
_________________
_________________
_________________
_________________ 8. Student agrees to attend classes
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Student's Signature
__________________________________________________
Date
__________________________________________________
Parent/guardian agrees to contact the school for absences during the school
year.
__________________________________________________
Date
__________________________________________________
R
AF
T
Parent's Signature
Approved:
__________________________________________________
Principal's signature
___________________________________________________
Annual review of Action Plan:
___ Number of excused
absences
__ Number of unexcused 
absences
Transcripts and
attendance records
For the _____________ school year,  should /  should not be continued on
an action plan.
__________________________________
Superintendent's signature
_________________________________
Parent's signature
D
_________________________________
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1900
JHCB
©
RELEASED TIME FOR
RELIGIOUS INSTRUCTION
Students at the school may be granted released time to attend religion
classes near the school campus under the following conditions and guidelines:
R
AF
T
 The person who has custody of the student has given written consent.
 Any religious instruction or exercise takes place at a suitable place
away from school property designated by a church or religious
denomination or group.
 Released time shall not interfere with the student's normal schedule.
 Any tardiness related to religious instruction will be unexcused.
 School credit will not be given for religion classes, nor will the course
title be placed on the permanent record of the student.
 Discipline problems, reporting to parents, and attendance and other
procedures necessary to class operation shall be the responsibility of the
religion class instructors or supervisors.
Adopted:
date of manual adoption
22-12-3 NMSA (1978)
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1950
JHD
©
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
The Superintendent shall develop regulations for meeting the requirements
of this policy.
date of manual adoption
R
AF
T
Adopted:
IHBF - Homebound Instruction
D
CROSS REF:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1961
JHD-R
©
REGULATION
REGULATION
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
Identification/Referral
Process
R
AF
T
Eligibility
Students may be referred and/or assigned to homebound/hospital instruction
under the following conditions:
 A licensed physician's report or recommendation, resulting from a
severe illness or injury.
Determined that the student will be absent from school for an extended period of time (more t
Assigned by an Individualized Educational Program (IEP) Committee for special education stu

Determined that nonmedical cases will be made on a case-by-case basis.
ADM Reporting
Students in homebound/hospital instruction will be counted in the ADM
report at their assigned building.
Coordination of Services
D
The school administrator of the building in which the student attends will
coordinate the services within that building to include the following:
 Selection of instruction.

Monitoring of instruction.

Casual employee and mileage.
Approval for homebound/hospital instruction granted by the Superintendent or the Superinten
Length of Services
Students on homebound/hospital instruction will receive weekly instruction
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
as agreed upon by the school administrator, the student's classroom teacher(s)
for meeting the individual student's needs, and in accordance with a
student's IEP if applicable.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1981
JHD-EA
©
EXHIBIT
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
Dear ____________________:
R
AF
T
This letter is to inform you that the School District makes special
arrangements for homework assignments for certain students who have
"chronic (recurring) health conditions." As a result of frequent absences
from school because of illness or an accident, _______________ may be eligible
to receive modified instructional services provided for "students with chronic
health conditions."
A form is enclosed asking your family physician to state how this health
condition is affecting school attendance. If your physician believes the
condition to be "chronic" and anticipates frequent absences for the school year
(but fewer than sixty [60] school days, as for homebound services), please ask
the physician to fill out the medical certification form and return it to the
school.
If _______________ is eligible as a "student with a chronic health condition,"
the school will make sure that you receive homework and contact with a
teacher during necessary absences. The teacher will work out an agreement
for homework assignments with you to assure receipt of credit for completed
homework.
If you have any questions, please contact me at ___________________________.
D
Sincerely,
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1982
JHD-EB
©
EXHIBIT
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
R
AF
T
MEDICAL CERTIFICATION OF STUDENTS WITH
CHRONIC HEALTH CONDITIONS
(Obtained from a licensed physician or podiatrist)
______________________ ____________________ __________________________
Student's name
Parent's name
Address
______________________ ____________________ __________________________
District
School
Grade level
______________________ ____________________ __________________________
Date of birth
Phone number
Date of initial consultation
Medical diagnosis:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Medical prognosis:
D
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Physical limitations affecting physical education activities:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
Anticipated absences due solely to illness, disease, pregnancy complications,
an accident or severe health problems of an infant child of a student (include
anticipated surgeries, treatments, or hospitalizations that may interfere with
school attendance during the __________ year):
______________________________________________________________________
R
AF
T
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Example 1: _________________'s physical condition may result in frequent
absences in the school year that may exceed ten (10) consecutive
school days per semester, but I do not anticipate that
_________________ will be absent enough days to require
homebound services.
Example 2:_________________ will require three (3) hospitalizations of approximately four (4) d
Other relevant information:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
D
_______________________________________________
Type or print physician's name and licensed title
__________________
Date
_____________________________________________
Physician's signature and title
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-1983
JHD-EC
©
EXHIBIT
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
INSTRUCTIONAL AGREEMENT FOR STUDENTS WITH
CHRONIC HEALTH CONDITIONS
R
AF
T
School year ____________
___________________________________________ ____________ _____________
Student's name
Grade level
Date
___________________________________
Parent's name
_________________________________
Address
________________________ ___________________ __________________________
Person responsible for
Position
School
homework coordination
Eligibility checklist:
_________________ 1. Medical certification of chronic health condition
(diagnosis, prognosis, and inability to attend school
regularly).
D
_________________ 2. Medical certification of
physical education.
physical limitations
for
_________________
_________________ 4. If applicable, the school office informed of student's
chronic health condition.
_________________ 5. Student's teacher(s) informed of student's chronic
health condition.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
_________________ 6. If applicable, school counselor informed of student's
chronic health condition.
_________________ 7. Physical education activities/requirements adapted
according to
Signature
medical certification.
_________________ 8. Certificated teacher to provide homework and contact
with ____________________________________________
during absences for the school year as follows:
R
AF
T
__________________________________________________
__________________________________________________
__________________________________________________
_________________ 9.
Signature
Parent/guardian agrees to return completed homework to the school for absences during the school
year as follows:
__________________________________________________
__________________________________________________
__________________________________________________
Approved:
__________________________________________________
Superintendent's signature
D
Annual review of instructional agreement:
___ Number of excused
absences due to
chronic condition
 Promotion requirements
met via completed homework for excused absences
 Transcripts &
attendance record attached
For the _____________ school year,  should /  should not be registered as
having a chronic health condition.
__________________________________
Superintendent's signature
_________________________________
Parent's signature
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
_________________________________
Date
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2050
JIA
©
STUDENT
DUE
PROCESS
RIGHTS
D
R
AF
T
Refer to Policy JKD.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2150
JIBA
©
STUDENT
GOVERNMENT
The organization of student councils in all schools is encouraged.
R
AF
T
Student government is expected to be "of the students, by the students, for
the students," representing the students in the school in communications
with the administration and in the organization of student activities.
Members of student councils are to be elected democratically. The rights
and responsibilities of the council should be clearly set forth by each school.
Each student council must have a faculty advisor.
date of manual adoption
D
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2300
JIC
©
STUDENT
CONDUCT
R
AF
T
The Superintendent will establish regulations governing the conduct of
students in school, traveling to and from school, at school functions, or
affecting the school order.
In establishing these regulations, the
Superintendent may consult with parents, students and staff committees.
In addition to compliance with regulations established by the Superintendent,
students are expected to obey all rules and regulations adopted by the Board,
and to obey any order given by a member of the faculty or staff relating to
school activities.
A student shall be defined as any person who is enrolled in an educational
program provided by or approved by the District and carried on in premises
owned or controlled by the District.
Students shall not engage in improper behavior, including but not limited to
the following:
 Any conduct intended to obstruct, disrupt, or interfere with teaching,
research, service, administrative or disciplinary functions, or any
activity sponsored or approved by the Board.
 Physical abuse of or threat of harm to any person on District owned or
controlled property or at District sponsored or supervised functions.
D
 Damage or threat of damage to property of the District, regardless of
the location, or to property of a member of the community or a visitor to
the school, when such property is located on District controlled
premises.
 Forceful or unauthorized entry to or occupation of District facilities,
including both buildings and grounds.
 Unlawful use, possession, distribution, or sale of tobacco, alcohol, or
drugs or other illegal contraband on District property or at
school-sponsored functions.
 Conduct or speech that violates commonly accepted standards of the
District and that, under the circumstances, has no redeeming social
value.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
 Failure to comply with the lawful directions of District officials or any
other law enforcement officers acting in performance of their duties,
and failure to identify themselves to such officials or officers when
lawfully requested to do so.
 Violation of District rules and regulations.
 Engaging in any conduct constituting a breach of any federal, state, or
city law or duly adopted policy of the Board.
 Carrying or possessing a weapon on school grounds.
R
AF
T
In addition to the general rules set forth above, students shall be expected to
obey all policies and regulations focusing on student conduct adopted by the
Board. Students shall not engage in any activities prohibited herein, nor
shall they refuse to obey any order given by a member of the faculty or staff
who is attempting to maintain public order.
Any student who violates these policies and regulations may be subject to
discipline up to expulsion, in addition to other civil and criminal prosecution.
These punishments may be in addition to any customary discipline that the
District presently dispenses.
Local law enforcement shall be notified by the Superintendent regarding any
suspected crime against a person or property that is a serious offense,
involves a deadly weapon or dangerous instrument or that could pose a
threat of death or serious injury to employees, students or others on school
property.
The authority of the Superintendent to establish regulations covering
students may be delegated to principals for their individual schools.
date of manual adoption
D
Adopted:
LEGAL REF.:
22-5-4.3 NMSA (1978)
30-20-13 NMSA (1978)
30-20-16 NMSA (1978)
30-20-18 NMSA (1978)
6.11.2.9 NMAC
CROSS REF.:
JK - Student Discipline
JKD - Student Suspension/Expulsion
KFA - Public Conduct on School Property
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
GBEB - Staff Conduct
J-2350
JICA
©
STUDENT
DRESS
R
AF
T
The Board recognizes that each student's mode of dress and grooming is a
manifestation of personal style and individual preference. The Board will
not interfere with the right of students and their parents to make decisions
regarding their appearance except when their choices affect the educational
program of the schools or the health and safety of others.
The Board authorizes the Superintendent to develop and enforce school
regulations prohibiting student dress or grooming practices that:
 Present a hazard to the health or safety of the student or to others in
the school.
 Materially interfere with school work, create disorder, or disrupt the
educational program.
 Cause excessive wear or damage to school property.
 Prevent students from achieving their educational objectives.
 Represent membership in a gang.
Obscene language or symbols, or symbols of sex, drugs, or alcohol on clothing
are expressly prohibited.
D
Student uniforms may be implemented at a school with seventy-five percent
(75%) approval from parents of the school and with the approval of the Board
of Education.
Students who volunteer for extracurricular activities, such as athletics, band,
chorus, etc., are subject to the standards of dress as defined by the sponsors
of such activities.
Adopted:
date of manual adoption
LEGAL REF.:
6.11.2.9 NMAC
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
JICF - Secret Societies/Gang Activity
J-2400
JICB
©
CARE
OF SCHOOL PROPERTY
BY STUDENTS
R
AF
T
Each student is expected to take pride in the physical appearance of the
school. Teachers and students should be observant at all times to prevent
damage or destruction of school property. Any marking or marring of school
property should be reported to the office at once.
No student shall damage or deface any property belonging to the District.
The type of discipline that may be imposed for damage to school property by
students depends upon the circumstances. A school may withhold the
grades, diploma and transcripts of a student responsible for damage or loss of
school library or instructional material until the parent, guardian or student
has paid for the damage or loss. Students may be subject to discipline for
willful damage or destruction of school property.
If any minors engage in conduct that results in damage to District property,
the District may institute formal charges for the purpose of having the court
order the minors, or their parents, to make full or partial restitution to the
District in accordance with law.
Adopted:
date of manual adoption
22-15-10 NMSA (1978)
22-15C-7 NMSA (1978)
CROSS REF.:
JKD - Student Suspension/Expulsion
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2450
JICC
©
STUDENT CONDUCT
ON SCHOOL BUSES
D
R
AF
T
Refer to Policy EEAEC.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-2550
JICD
©
STUDENT HARASSMENT / BULLYING /
CYBERBULLYING PREVENTION
R
AF
T
Cyberbullying, as defined below, is prohibited when such bullying creates or
is certain to create a hostile environment on the school campus that is so
severe or pervasive as to substantially interfere with the targeted student's
educational benefits, opportunities, or performance.
Bullying and harassment is prohibited in the school, on school grounds, in
school vehicles, at a designated bus stop, or at school activities or sanctioned
events. Anti-bullying shall be included as a part of the health education
curriculum as set forth in 6.29.6.8 NMAC.
Definitions
 "Harassment" means knowingly pursuing a pattern of conduct that is
intended to annoy, alarm or terrorize another person.
"Bullying" by another student means any repeated and pervasive written, verbal or electroni
bus stop, or at school activities or sanctioned events. Bullying includes, but
is not limited to, hazing, harassment, intimidation or menacing acts of a
student which may, but need not be based on the student's race, color, sex,
ethnicity, national origin, religion, disability, age or sexual orientation.

"Cyberbullying" means electronic communication that:
 targets a specific student;.
D
 is published with the intention that the communication be seen by
or disclosed to the targeted student;
 is in fact seen by or disclosed to the targeted student; and
 creates or is certain to create a hostile environment on the school
campus that is so severe or pervasive as to substantially interfere
with the targeted student's educational benefits, opportunities or
performance.
Licensed school employees shall complete training on how to recognize signs
that a person is being harassed, bullied or cyberbullied and shall be
responsible for reading and understanding this policy.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
A licensed school employee who has information about or a reasonable
suspicion that a person is being harassed, bullied or cyberbullied shall report
immediately to the school principal, an administrator, the superintendent or
any of these school officers.
R
AF
T
Any school administrator who receives a report of harassment, bullying, or
cyberbullying shall take immediate steps to ensure a prompt investigation of
the report and shall take prompt disciplinary action in response to these acts
upon confirmation of the occurrence through such investigation. Such action
may include the least restrictive means necessary to address a hostile
environment on the school campus resulting from confirmed harassment,
bullying or cyberbullying that include;
 counseling,
 mediation,
 discipline up to expulsion, in addition to other civil and criminal
prosecution. These punishments may be in addition to any customary
discipline that the District presently dispenses.
Where disciplinary action is necessary, District policies and regulations
pertaining to permissible penalties and procedures shall be followed as in
policy.
Adopted:
date of manual adoption
LEGAL REF.: 22-2-21 NMSA
28-1-2 NMSA et seq.
6.12.7.8 NMAC
6.29.6.8 NMAC
AC - Nondiscrimination/Equal Opportunity
ACA - Sexual Harassment
JB - Equal Educational Opportunities
JIC - Student Conduct
JII - Student Concerns, Complaints, and Grievances
JK - Student Discipline
JKD - Student Suspension/Expulsion
KE - Public Concerns and Complaints
D
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-2550
©
REGULATION
JICD-R
REGULATION
STUDENT HARASSMENT / BULLYING
CYBERBULLYING PREVENTION
R
AF
T
When a professional staff member receives the information regarding a
suspected offense, the staff member will transmit it to the school
administrator not later than the next school day following the day the staff
member receives the information or observes the incident. If the incident
involves the school administrator, the professional staff member shall
forward the information to the next administrative level.
At a minimum the licensed employee shall provide the identifying
information on the suspected offense in writing and with such specificity of
names, places and times as to permit an investigation to be carried out by the
administration. The written suspected offense report should be signed by
the licensed employee. However, an unsigned form will be processed in the
same manner as a signed form.
The person reporting the suspected offense shall preserve the confidentiality
of the subjects, disclosing names only to the appropriate school administrator
or next higher administrative supervisor, or as otherwise required. A failure
by the licensed professional staff member to timely inform the school
administrator or next higher administrative supervisor of the allegation may
subject the staff member to disciplinary action.
The incident will be investigated by the school administrator or a supervising
administrator. The procedures to be followed are:
D
 An investigation of the reported suspected offense or activity shall be
made within ten (10) school days when school is in session or within
fifteen (15) days during which the school offices are open for business
when school is not in session. Extension of the time line may only be
by necessity as determined by the Superintendent.
The investigator shall meet with the student who is the target of the suspected offense at or b
in the process of making such a report.
 The investigator shall prepare a written report of the findings and a
copy of the report shall be provided to the Superintendent.
Where disciplinary action is necessary, District policies and regulations
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
D
R
AF
T
pertaining to permissible penalties and procedures shall be followed as in
policy.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-2550
JICD-E
©
EXHIBIT
EXHIBIT
STUDENT HARASSMENT / BULLYING
CYBERBULLYING PREVENTION
R
AF
T
(To be filed with the school administrator, the administrator's supervisor,
or with the Superintendent)
Additional pages may be attached if more space is needed.
Targeted Student
Name: ________________________________________ Date:
___________________
Class
________________________________________________________________
year:
Person or Persons suspected of harassing, bullying,
or cyberbullying:
________________________________________________________________________
Name of person(s), or other identifying information:
________________________________________________________________________
________________________________________________________________________
D
Specify the suspected offense by stating the problem as you see it. Describe
the incident, the participants, the background to the incident, and any
attempts you have made to solve the problem. Be sure to note relevant
dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Date of the of the incident or offense(s):
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
__________________
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
R
AF
T
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
___________________________________________
Signature of Licensed Staff member
_______________________
Date Signed
___________________________________________
Administrator/Professional Staff Member
Receiving Complaint
_______________________
Date Received
D
The investigating administrator shall give one (1) copy to the reporting staff
member and retain one (1) copy for the file.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2750
JICE
STUDENT
PUBLICATIONS
Official School Publications
R
AF
T
The District recognizes the value of, supports, and encourages official school
publications in teaching journalism, English, writing, and other skills. An
official school publication is that made up of materials produced by students
in a regularly scheduled class and intended for distribution to the student
body.
Students shall be required to submit official school publications to the
building administrator for approval prior to distribution.
Non-curricular Publications
Students may be allowed, under appropriate circumstances, to distribute
non-curricular materials in the school setting, while recognizing the
responsibility and authority of school officials to manage and control such
distribution to ensure that the educational mission of the schools is not
disrupted. Students shall be required to submit non-curricular publications
to the building administrator's office.
Adopted:
date of manual adoption
6.11.2.9 NMAC
D
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2761
JICE-R
©
REGULATION
REGULATION
STUDENT
PUBLICATIONS
Official School Publications
R
AF
T
Distribution of official publications shall be in accord with the directions of
the building administrator through the sponsor of the publication if one is
available.
Non-curricular Publications
Fliers, booklets, or other written materials distributed by students, not
directly related to school-sponsored activities, may be distributed on school
property, except in the locations and during the times set forth below. Such
written materials shall be clearly marked with the name of the sponsoring
person or organization. All distribution must be made in conformity with
District Guidelines.. School property includes all real property and personal
property of the District including the property being used for any school
sponsored activity.
Prohibited times and places within the High School. Distribution of
materials is prohibited in any classroom, gym, study area, school
administration office (including the nurse's office and faculty lounge areas),
bathroom, hallway, library, auditorium, or the interior entry area at the main
building entrances within the school building when school and classrooms are
in session, or in the cafeteria during lunch hours except as provided below.
Students may use the following inside area
D
Permitted times and places.
for distribution of materials:
The cafeteria in an area designated by administration during lunch hours.
This area is available every day without regard to weather. A description
and a map of this area will be posted at the administrative office of each
school, published in the high school student handbook, and made available at
the District administrative offices.
Elementary
Campuses
and
Middle
School
The elementary and middle schools (prekindergarten through eighth grade)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
are maintained as closed forums. The Board recognizes that elementary and
middle school students are impressionable.
Opinions expressed in
non-school-related materials not primarily prepared by students may
nevertheless be perceived as being sponsored or endorsed by the District
merely because the materials are distributed at these schools. Only
materials that are primarily prepared by students or that concern
school-sponsored organizations or activities are considered sufficiently
related to the educational goals of the school to be distributed by students
upon school grounds.
R
AF
T
Therefore, students may not distribute materials that are primarily prepared
by nonstudents or that concern the activities or meetings of
non-school-related organizations.
Prohibited conduct. The Board adopts the following to regulate conduct
concerning solicitation and distribution so that the rights of other students
are not interfered with and the order and discipline of the school is not
substantially disrupted:
 The following conduct concerning student solicitation is prohibited at
any time when students are present on school grounds during the
school day or during school-sponsored activities:
 Conduct that substantially interferes with ingress or egress of
pedestrian or vehicle traffic in buildings, parking lots, or work or
activity areas, including, without limitation, blocking any
hallways in the school building, classrooms, or other pedestrian
areas.
 Conduct that materially disrupts any school class or school
activity.
D
 Conduct that substantially interferes with the students' right to
be left alone, after a clear expression by such student(s) of a lack
of interest in an offer of written materials or other speech. This
shall not prevent an initial offer - only continuing offers in the
face of a clear indication of a lack of interest or a refusal to allow a
student to leave one's presence on any one occasion.
 Conduct that violates this policy is subject to disciplinary action.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2900
JICF
©
SECRET
SOCIETIES / GANG
ACTIVITY
For the purpose of District policy, a gang is a group of three (3) or more
people who:
 Interact together to the exclusion of others;
R
AF
T
 Claim a territory or area;
 Have a name;
 Have rivals/enemies; and
 Exhibit antisocial behavior - often associated with crime or a threat to
the community.
The type of dress, apparel, activities, acts, behavior or manner, or grooming
displayed, reflected, or participated in by the student shall not:
 Lead school officials to believe that such behavior, apparel, activities,
acts, or other attributes are gang related or would disrupt or interfere
with the school environment or activity and/or educational objectives;
 Present a physical safety hazard to self, students, staff members, or
other employees.
D
 Create an atmosphere in which the well-being of a student, staff
member, or other person is hindered by undue pressure, behavior,
intimidation, overt gesture, or threat of violence; or
 Imply gang membership or affiliation by written communication, marks,
drawing, painting, design, or emblem upon any school or personal
property or on one's person.
Any student wearing, carrying, or displaying gang paraphernalia and/or
exhibiting behavior or gestures that symbolize gang membership, or causing
and/or participating in activities that intimidate or adversely affect the
educational activities of another student, or the orderly operation of the
schools, shall be subject to disciplinary action.
Adopted:
date of manual adoption
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
6.11.2.9 NMAC
D
R
AF
T
LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-2911
JICF-R
©
REGULATION
SECRET
REGULATION
SOCIETIES / GANG
ACTIVITY
R
AF
T
Gangs that initiate, advocate, or promote activities that threaten the safety
or well-being of persons or property on school grounds or disrupt the school
environment are harmful to the educational process. The use of hand
signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner
of dress or grooming that, by virtue of its color, arrangement, trademark,
symbol, or any other attribute indicates or implies membership or affiliation
with such a group is prohibited because of the disruption to educational
activities that results from such activities or dress. It is the District's
position that such activities and dress also present a clear and present
danger to other District students and to District staff members.
Any activity involving an initiation, hazing, intimidation, assault, or other
activity related to group affiliation that is likely to cause or does cause bodily
danger, physical harm, or personal degradation or disgrace resulting in
physical or mental harm to students or others is prohibited.
If the student's dress is in violation of this regulation or a District policy, the
principal will ask the student to make the appropriate correction. If the
student refuses, the parent/guardian may be notified and asked to make the
necessary correction.
D
The principal will coordinate with law enforcement regarding the latest gang
signs, symbols and actions to maintain consideration for constitutionally
permitted activities and speech.
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-3000
©
TOBACCO
USE
BY
STUDENTS / SMOKING
The use, possession and distribution of tobacco products, e-cigarettes and
nicotine liquid containers, alcoholic beverages, mood-altering substances and
illicit drugs is prohibited in the following locations:
R
AF
T
 School grounds.
 School buildings.
 School parking lots.
 School playing fields.
 School buses and other District vehicles.
 Transportation pick up areas.
 Off-campus school-sponsored events.
The meaning of the terms included herein shall be as provided in New Mexico
Administrative Code 6.12.4.1 through 6.12.4.9. Notice of this policy shall be
made a part of the student handbook and a listing of prohibited items will be
included in a Tobacco, Drug and Alcohol Free School notice posted at the
entrance to school buildings and athletic events.
D
The Superintendent may establish procedures necessary to implement this
policy.
Disciplinary penalties may include, but are not limited to,
suspension of the student from school or a recommendation for expulsion
when there is evidence of repeated and continuous violation of this policy.
All District employees are expected to cooperate in the enforcement of this
policy. Student violations shall be reported to administrative personnel.
No school employee who in good faith reports any known or suspected use,
possession or distribution of alcoholic beverages, mood-altering substances or
illicit drugs shall be held liable for any civil damages as a result of such
report or efforts to enforce this policy.
EXCEPTION: Lawful possession or use by a minor of a tobacco-cessation
product approved by the United States food and drug administration shall be
permitted
by
students
following
district
policies
for student
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
JICG
self-administration of medications.
Adopted:
date of manual adoption
LEGAL REF.:
24-16-3 et seq. NMSA Dee Johnson Clean Air Act
6.12.4.8 NMAC
1994 Op. Att'y Gen. No. 94-03, 1994 N.M. AG LEXIS 4.
20 U.S.C. 6083 Pro-Children Act of 1994 (Environmental
Tobacco Smoke).
34 C.F.R. Part 85 Drug Free Workplace Act
D
R
AF
T
CROSS REF.:
GBED - Tobacco Use by Staff Members
JK - Student Discipline
JKD - Student Suspension/Expulsion
JLCD - Administering Medications to Students
KF - Community Use of School Facilities
KFAA - Tobacco Use on School Premises at Public Functions
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-3050
JICH
©
DRUG AND ALCOHOL
USE BY STUDENTS
R
AF
T
The nonmedical use, possession, distribution, delivery or sale of drugs or
counterfeit substances on school property or at school events is prohibited.
Nonmedical is defined as "a purpose other than the prevention, treatment, or
cure of an illness or disabling condition" consistent with accepted practices of
the medical profession.
Students in violation of the provisions of the above paragraph shall be subject
to removal from school property and shall be subject to prosecution in
accordance with the provisions of the law.
Students attending school in the District who are in violation of the
provisions of this policy shall be subject to disciplinary actions in accordance
with the provisions of school rules and/or regulations.
For purposes of this policy, "drugs" shall include, but not be limited to:
 All dangerous controlled substances prohibited by law.
 All alcoholic beverages.
 Any prescription or over-the-counter drug, except those for which
permission to use in school has been granted pursuant to Board policy.
 Hallucinogenic substances.
D
 Inhalants.
Any student who violates the above may be subject to warning, reprimand,
probation, suspension, or expulsion, in addition to other civil and criminal
prosecution.
Adopted:
date of manual adoption
LEGAL REF.:
30-31-22 NMAC (1978)
CROSS REF.:
JLC - Student Health Services and Requirements
JLCD - Administering Medicines to Students
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-3100
JICI
©
WEAPONS
IN
SCHOOL
No student shall carry or possess a weapon or simulated weapon on school
premises without authorization by a school administrator. No student shall
use or threaten to use a weapon or simulated weapon to disrupt any activity
of the District.
R
AF
T
Any employee who observes any person in possession of a weapon or
simulated weapon on school premises shall immediately report the matter to
the school administrator. A school administrator who observes or receives a
report of a student possessing a weapon on school premises shall immediately
take appropriate safety and disciplinary actions in accordance with District
policies and shall immediately report a violation of this policy to a peace
officer.
A student who violates this policy by carrying or possessing a firearm shall be
placed in an alternative education program for a period of not less than one (1)
year, suspended for a period of not less than one (1) year, or expelled and not
be readmitted within a one (1)-year period, if ever. The Superintendent may
modify the one (1)-year duration of such disciplinary action on a case-by-case
basis.
A student who violates this policy by any means other than carrying or
possessing a firearm shall be subject to disciplinary action, including but not
limited to expulsion. Disciplinary action against a student with one (1) or
more disabilities shall be applied on a case-by-case basis in accordance with
District policies and state and federal special education laws.
D
For the purposes of this policy:
 Weapon means any of the following:
 A firearm.
 A folding knife with a blade length of not more than two (2) inches
and which does not lock in place.
 A destructive device.
 A dangerous instrument.
 Simulated weapon means an instrument displayed or represented as a
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
weapon.
 Firearm means any of the following:
 Any loaded or unloaded gun that will, that is designed to, or that
may readily be converted to expel a projectile by the action of an
explosive.
 The frame or receiver of any such firearm.
 Any firearm muffler or silencer.
R
AF
T
 Any explosive, incendiary, poison gas, bomb, grenade, rocket
having a propellant charge of more than four (4) ounces, missile
having an explosive charge of more than one-fourth (1/4) ounce,
mine, or similar device.
 Any combination of parts that could be readily assembled to form
a firearm.
 Destructive device means:
 Any device other than a firearm that will, or is designed to, or
may be readily converted to expel a projectile by any means of
propulsion, such as a BB/pellet gun, slingshot, bow, or crossbow.
 Any collection of parts that could be readily assembled to form a
destructive device.
 Dangerous instrument means anything other than a firearm, knife, or
destructive device that is carried or possessed by a student for the
purpose of being used or being available for use to cause death or inflict
serious physical injury.
D
 School premises means the school, school grounds, school buses, or any
premises, grounds, or vehicles used for school purposes and includes
premises where school-sponsored events (for example, athletic games
and competitions, music competitions, etc.) are held away from District
property.
 Deadly weapon means any weapon designed for lethal use, including a
firearm.
Adopted:
date of manual adoption
LEGAL REF.:
22-5-4.7 NMSA (1978)
30-7-2.1 NMSA (1978)
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
20 U.S.C. 7151
JIC - Student Conduct
JIH - Interrogations, Searches, and Arrests
JK - Student Discipline
JKD - Student Suspension/Expulsion
D
R
AF
T
CROSS REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
^J-3200
JIE
©
PREGNANT / PARENTING
STUDENT
R
AF
T
A pregnant or parenting student (parenting a child under thirteen years of
age) may be permitted excused absences for the pregnancy and for limited
parenting purposes along with the opportunity to make-up work missed
during the absence, provided the student communicates the pregnancy and
parenting status to the appropriate school personnel.
 Ten days of excused absences will be permitted for a student who
provides documentation of the birth of the student's child and
additional days of excused absence shall be permitted if deemed
medically necessary by the student's physician for the pregnancy or
care of the birthed child and reported to the school attendance office.
Four days per semester of excused absences, in addition to the number of allowed absences fo
age of thirteen needing care.
Additionally, the pregnant or parenting student shall be allowed at least a time period to mak
The school district shall provide a copy of this policy to all students in middle,
junior high and high schools in the system.
Adopted:
date of manual adoption
LEGAL REF.:
22-12-2 NMSA (1978)
22-12-8 NMSA (1978)
22-12-3.1 NMSA (1978)
D
CROSS REF.:
IKEA - Make Up Opportunities
JE - Student Attendance
JHB - Truancy
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
IHBF - Homebound Instruction
J-3350
JIG
©
MARRIED
STUDENTS
Married students must report any name changes to their guidance counselors
or the principal if school records are to reflect the married name on school
transcripts. A student's marital status does not reduce the requirements or
opportunities of the educational system in the District.
date of manual adoption
D
R
AF
T
Adopted:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-3400
JIH
©
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
R
AF
T
Any request by law enforcement agencies and/or other government agencies
(i.e., Children, Youth & Families Department) to see a student, interview a
student or make an arrest at school, must be verified by the principal and/or
his designee, to be assured that such request is authorized by that
individual's agency. The principal will request identification and written
authorization from the individual, and will verify the legitimate request by
the individual's agency by telephone. The principal must notify the Office of
the Superintendent each time the police are on campus.
Interviews
A parent may be present during an interview except when interviews are
conducted pursuant to a report of child abuse and the interview is by a
Children, Youth, and Family Department worker or a peace officer.
Except in child abuse and abandonment situations, should a peace officer
appear on campus requesting to interview a student attending the school, the
school administrator shall be notified and the school office shall contact the
student's parent(s). The parent(s) will be asked if they wish the student to
be interviewed and, if so, will be requested to be present or to authorize the
interview in their absence.
If the parent(s) cannot be reached, the peace officer should be requested to
contact the parent(s) and make arrangements to question the student at
another time and place.
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If a student is taken into custody (arrested), the arresting officer shall be
requested to notify the student's parents or guardian. The arresting officer
will be asked to complete and sign a "Form for Signature of Arresting
Officer." School personnel shall make every reasonable effort to make sure
parents have been notified that a student has been taken into custody. The
personnel of the District shall cooperate fully with the police.
Searches
School property assigned to a student and a student's person or property
while under the authority of the public schools are subject to search, and
items found are subject to seizure, in accordance with the requirements
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
below.
Notice of search policy.
Students shall be given reasonable notice,
through distribution of written policies or otherwise, of each school's policy on
searches at the beginning of each school year or upon admission for students
entering during the school year.
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Who may search. Certificated school personnel, school security personnel
and school bus drivers are "authorized persons" to conduct searches when a
search is permissible as set forth below. An authorized person who is
conducting a search may request the assistance of some other person, who
upon consent becomes an authorized person for the purpose of that search
only.
When search permissible.
Unless Local School Board policy provides
otherwise, an authorized person may conduct a search when he or she has a
reasonable suspicion that a crime or other breach of disciplinary rules is
occurring or has occurred. An administrative authority may direct or
conduct a search under the same conditions and also when he or she has
reasonable cause to believe that a search is necessary to help maintain school
discipline.
Conduct of searches; witnesses. The following requirements govern the
conduct of permissible searches by authorized persons:
 School property, including lockers and school buses, may be searched
with or without students present unless a local school board or
administrative authority provides otherwise. When students are not
present for locker searches, another authorized person shall serve as a
witness whenever possible. Locks furnished by students should not be
destroyed unless a student refuses to open one or circumstances
otherwise render such action necessary in the judgment of the
administrative authority.
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Student vehicles when on campus or otherwise under school control and students' personal eff
Physical searches of a student's person may be conducted only by an authorized person who i
search must be reasonably related to the infraction, and the search must not
be excessively intrusive in light of the student's age and sex and the nature of
the infraction. Strip searches are inappropriate without approval of school
district counsel.
Seizure of items. Illegal items, legal items which threaten the safety or
security of others and items which are used to disrupt or interfere with the
educational process may be seized by authorized persons. Seized items shall
be released to appropriate authorities or a student's parent or returned to the
student when and if the administrative authority deems appropriate.
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Notification of law enforcement authorities.
Unless a local school
board policy provides otherwise, an administrative authority shall have
discretion to notify the local children's court attorney, district attorney or
other law enforcement officers when a search discloses illegally possessed
contraband material or evidence of some other crime or delinquent act.
The administration has the right to search and seize property, including
school property temporarily assigned to students, when there is reasonable
suspicion that a crime or other breach of disciplinary rules is occurring or has
occurred.
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Items provided by the District for storage (e.g., lockers, desks) of personal
items are provided as a convenience to the student but remain the property of
the school and are subject to its control and supervision. (Students have no
reasonable expectancy of privacy, and lockers, desks, storage areas, etc., may
be inspected at any time with or without reason, or with or without notice, by
school personnel.)
Arrest
When a peace officer enters a campus and indicates an intent to take a
student into custody or arrest a student, the office staff shall request the
peace officer to establish proper identification, complete, and sign a "Form for
Signature of Arresting Officer." The school staff shall cooperate with the
officer in locating the child within the school. School officials may respond to
parental inquiries about the arrest or may contact the parents, if necessary,
to explain the relinquishment of custody by the school and the location of the
student, if known.
Adopted:
date of manual adoption
32A-4-3 NMSA (1978)
6.11.2.10 NMAC
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LEGAL REF.:
ELIDA MUNICIPAL SCHOOL DISTRICT
12/15/16
J-3411
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REGULATION
REGULATION
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
USE OF DOGS IN DRUG SEARCHES
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In any actions undertaken pursuant to the the schools' search and seizure
policy, the School District is authorized to use dogs whose reliability and
accuracy for sniffing and detecting any illegal or unauthorized substances
and objects has been established. The dog will be accompanied by a
qualified and authorized dog trainer handler who will be responsible for