TABLE OF CONTENTS

SECTION 5—CURRICULUM AND INSTRUCTION

5.1—EDUCATIONAL PHILOSOPHY
5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT
5.3 CURRICULUM DEVELOPMENT
5.6—CHALLENGE OF INSTRUCTIONAL/SUPPLEMENTAL MATERIALS
5.6F—REQUEST FOR RECONSIDERATION OF INSTRUCTIONAL OR SUPPLEMENTAL MATERIALS, EVENTS, AND ACTIVITIES
5.6F2—STUDENT OPT OUT OF INSTRUCTION, EVENT, OR ACTIVITY REGARDING SEX ED, SEXUAL ORIENTATION, OR GENDER IDENTITY
5.7—SELECTION OF LIBRARY/MEDIA CENTER MATERIALS
5.7F—REQUEST FOR RECONSIDERATION OF LIBRARY/MEDIA CENTER MATERIALS
5.8—USE OF COPYRIGHTED MATERIALS
5.9—COMPUTER SOFTWARE COPYRIGHT
5.10—RELIGION IN THE SCHOOLS
5.11—DIGITAL LEARNING COURSES
5.14—HOMEWORK
5.15—GRADING
5.17—HONOR ROLL AND HONOR GRADUATES
5.18—HEALTH SERVICES
5.19—EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS
5.19.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY
5.20—DISTRICT WEB SITE
5.20 F1—PERMISSION TO DISPLAY PHOTO OF STUDENT ON WEB SITE
5.20.1—WEB SITE PRIVACY POLICY
5.21—ADVANCED PLACEMENT
5.22—CONCURRENT CREDIT
5.23—EQUIVALENCE BETWEEN SCHOOLS
5.24—STUDENT PARTICIPATION IN SURVEYS
5.24F1—OBJECTION TO PARTICIPATION IN SURVEYS, ANALYSIS, OR EVALUATIONS
5.25—MARKETING OF PERSONAL INFORMATION
5.26—ALTERNATIVE LEARNING ENVIRONMENTS
5.26.1—ALE PROGRAM EVALUATION
5.27—ENGLISH LANGUAGE LEARNERS
5.28—ENHANCED STUDENT ACHIEVEMENT FUNDING EXPENDITURES
5.29—WELLNESS POLICY

CURRICULUM AND INSTRUCTION

5.1—EDUCATIONAL PHILOSOPHY

The Salem School District assumes the responsibility of providing students attending its schools a high quality education that challenges each student to achieve to their maximum potential. The District shall endeavor to create the environment within the schools necessary to attain this goal. The creation of the necessary climate shall be based on the following core beliefs:

1.	The District’s vision statement will be developed with input from students, parents, business leaders, and other community members.

2.	All students can be successful learners.

3.	Students learn at different rates and in different ways.

4.	A primary goal shall be to give students the skills they need to be life-long learners.

5.	The education of all citizens is basic to our community’s well-being.

6.	Student achievement is affected positively by the involvement of parents and the community in the schools.

7.	The District is responsible for helping cultivate good citizenship skills in its students.

8.	Students reflect the moral and ethical values of their environment.

9.	All people have a right to a safe environment.

10.	Each person is responsible for his/her own actions.

11.	Innovation involves taking risks.

12.	Schools are responsible for creating the conditions that promote success.

13.	Each person is entitled to retain his/her dignity.

14.	All people have the right to be treated with respect and the responsibility to treat others respectfully. 

15.	For teachers to succeed in cultivating high student achievement, they need to be given the materials, training, and environment necessary to produce such results.

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT

Each school in the district, in collaboration with administrators, teachers, other school staff, parents, the community, and students, shall develop a school-level improvement plan (SLIP) to:
•	Establish goals or anticipated outcomes based on an analysis of students’ needs;
•	Identify student supports and evidence-based interventions and practices to be implemented;
•	Describe the professional learning necessary for adults to deliver the supports or interventions;
•	Describe the implementation timeline for monitoring of the interventions and practices for effectiveness;
•	Describe the timeline and procedures for evaluation of the interventions and practices for effectiveness; and
•	Evaluate and modify a parent, family, and community engagement plan.1

Each SLIP shall include a literacy plan that includes a curriculum program and a professional development program that is aligned with the District’s literacy needs and is based on the science of reading.

Some of the data that shall be considered when developing the SLIP includes, but is not limited to:2
o	Statewide assessment results;
o	Interim assessment results;
o	Similarly situated school’s SLIPs; and
o	Evaluation(s), including staff, student, and community feedback, of the existing SLIP.

The SLIP is to be reviewed on an ongoing basis with reports to the board on the implementation progress of the SLIP throughout the year of implimentation. By May 1 of each year, the SLIP to be implemented in the upcoming school year shall be presented to the District Board of Directors for review and approval.3 The District will post the District’s SLIP(s) to the District’s website under State-Required Information by August 1 of each year.

The district shall develop, with appropriate staff; school board members; and community input, a school district support plan (SDSP).4 The SDSP, in coordination with the District’s SLIPs, shall
•	Specify the support the District will provide to the District’s schools;
•	Collaboratively establish priorities regarding goals or anticipated outcomes with the District’s schools, including feeder schools;
•	Identify resources to support the established priorities;
•	Describe the time and pace of providing support and monitoring for the established priorities;
•	Describe the measures for analyzing and evaluating that the District support was effective in improving the school performance; and
•	Establish, evaluate, and update a parent, family, and community engagement plan.;1 and
•	Direct the use of Enhanced Student Achievement funding for strategies to close gaps in academic achievement.

If the Districts data reflects a disproportionality in equitable access to qualified and effective teachers and administrators, the District shall develop and implement strategies to provide equitable access as part of the SDSP.

The District shall post the District’s SDSP to the District’s website under State-Required Information, including any updates to the District’s SDSP.5

The District’s Board of Directors shall hold a meeting annually to provide a report that systematically explains the District’s policies, programs, and goals to the community. The District’s report shall detail the progress of the District and the District’s schools toward accomplishing program goals, accreditation standards, and proposals to correct any deficiencies. The report shall be made available to the public, including by posting a copy on the District’s website under State-Required Information no later than ten (10) days following the meeting, with the most recent annual report posted by August 1 of each year.  The meeting shall provide parents and other members of the community the opportunity to ask questions and make suggestions concerning the District’s program.

Notes:	1 See A.C.A. § 6-15-1702 for a detailed listing of required components of the parental involvement plan. The Model Policy Service has also provided a guide (See Supporting Information for Policies 6.11 and 6.12 located on the Policy Resources Page: https://arsba.org/policy-resources) for easier understanding of the language in the code. In addition, the Division of Elementary and Secondary Education has created a parent, family, and community engagement toolkit that may be used in the creation of your plan. The toolkit is located at https://dese.ade.arkansas.gov/Offices/public-school-accountability/engagement.

2 This is not intended to be an all-inclusive list. The only item specifically required to be included is the evaluation of the existing SLIP, which must be done at least annually.

3 The Division of Elementary and Secondary Education (DESE) Rules Governing the Arkansas Educational Support and Accountability Act requires the board to approve the SLIP(s) and SDSP annually, which should be specifically noted in the board’s minutes.

4 For districts classified in Level 3, Level 4, or Level 5 levels of support, the SDSP must be submitted to DESE by September 1 and DESE must approve the SDSP. Districts whose SDSP must be approved by DESE must also post to the website the date the SDSP is approved by DESE, including the date(s) any revisions are approved by DESE.

5 For districts classified in Level 1 or Level 2 support, the SDSP must be posted to the website by no later than September 11. For districts classified in Level 3, Level 4, or Level 5 support, the SDSP must be posted to the website by the earlier of ten (10) days after the SDSP is submitted to DESE or by September 11.

Legal References:	A.C.A. § 6-15-2914
DESE Rules Governing the Arkansas Educational Support and Accountability Act
DESE Rules Governing Parental Involvement Plans and Family and Community Engagement
DESE Rules Governing Documents Posted To School District And Education Service Cooperative Websites
Standards for Accreditation 1-B.4, 3-B.1, 3-B.2, 3-B.2.1, 5-A.1
Commissioner’s Memo COM-20-021

Date Adopted: June 16, 2008
Last Revised: June 20, 2022

5.3 CURRICULUM DEVELOPMENT

Sequential curricula should be developed for each subject area. Curricula are to be aligned with the curriculum frameworks and used to plan instruction leading to student proficiency on the Arkansas’ Academic Standards. Curricula should be in alignment with the District’s vision, mission, goals, and educational philosophy. Student achievement is increased through an integrated curriculum that promotes continuity and a growth in skills and knowledge from grade to grade and from school to school. Therefore, the Board desires that unnecessary duplication of work among the various grades and schools be eliminated and that courses of study and their corresponding content guides be coordinated effectively.

The Board of Education is responsible for reviewing and approving all instructional programs offered by the District as well as approving significant changes to courses or course materials before they are implemented. The Superintendent is responsible for making curriculum recommendations.

Each school shall review each curriculum area annually to address the continued relevancy, adequacy, and cost effectiveness of individual courses and instructional programs and to ensure each area is aligned with the current curriculum frameworks and course content standards approved by the State Board of Education.1 Each school’s administration shall implement a monitoring process to ensure that the instructional content of each course offered is consistent with the content standards and curriculum frameworks approved by the State Board of Education.2

The District shall not purchase curriculum for the District’s reading program that is not from the list of curricula approved by the Division of Elementary and Secondary Education.3

Notes:	1 A.C.A. § 6-15-101 requires school boards to adopt and implement the academic standards and expected outcomes that have been defined by the State Board, which should be indicated by the adoption being noted in the district’s board minutes.

2 A.C.A. § 6-15-1505(b) requires each district’s superintendent to submit a letter of assurance to DESE by October 1 of each year that the content of each class and subject area is aligned to the academic standards and curriculum frameworks developed by the State Board under its plan developed pursuant to A.C.A. § 6-15-1502(a).

3 While districts have the option to use a curriculum that is not on the list of curriculum approved by DESE for the District’s reading program, Districts who choose to do so are required to receive prior approval of the curriculum from DESE. In order to receive approval of the curriculum from DESE, the District must submit to DESE the District’s rationale for choosing the alternative curriculum program and evidence-based research regarding the alternative curriculum program.

A.C.A. § 6-17-429(i)(3) prohibits the use of a program of instruction or intervention for students in kindergarten through grade two (K-2) that utilizes:
•	The three-cueing system model of reading;
•	Visual memory as the primary basis for teaching word recognition; or
•	The three-cueing system model of reading based on meaning, structure and syntax, and visual (MSV).

Legal References:	Standards for Accreditation 1-A.1, 1-A.4
A.C.A. § 6-15-101
A.C.A. § 6-15-1505(a)
A.C.A. § 6-15-2906
A.C.A. § 6-17-429

Date Adopted:  June 16, 2008
Last Revised:  April 20, 2020

5.5—SELECTION/INSPECTION OF INSTRUCTIONAL MATERIALS

Definitions
"Curriculum" means: the sequences of public school student learning expectations, pacing, materials, and resources that are used to teach the Arkansas academic standards and the processes for evaluating mastery of the Arkansas academic standards at particular points in time throughout the kindergarten through grade twelve (K-12) educational program.

“Gender identity" means the same as is used in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which defines it as a category of social identity and refers to an individual's identification as male, female, or, occasionally, some category other than male or female.

"Instructional material" means instructional content that is provided to a public school student, regardless of its format, that includes without limitation printed or representational materials, audio-visual materials, and materials in electronic or digital format, such as materials accessible through the internet; however, Instructional material does not include academic tests or academic assessments.

"Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

The use of instructional materials, including classroom events or activities associated with classroom instruction, beyond those approved as part of the curriculum/textbook program must be compatible with school and district policies. If there is uncertainty concerning the appropriateness of supplemental materials, the personnel desiring to use the materials shall get approval from the school’s principal prior to putting the materials into use.

All instructional materials, including classroom events or activities associated with classroom instruction, used as part of the educational curriculum of a student shall be available for inspection by the parents or guardians of the student. Parents or guardians wishing to inspect instructional materials used as part of the educational curriculum for their child may schedule an appointment with the student’s teacher at a mutually agreeable time. Parents/guardians wishing to challenge the appropriateness of any instructional materials shall follow the procedures outlined in Policy 5.6—CHALLENGE OF INSTRUCTIONAL/SUPPLEMENTAL MATERIALS.

In addition to all other inspection rights under this policy, the following shall be made available for inspection regardless of whether any of the listed items are offered as part of a sex education class or program or as part of any other class, activity, or program:
a.	Curricula;
b.	Materials;
c.	Tests;
d.	Surveys;
e.	Questionaires;
f.	Activities; and
g.	Instruction of any kind.
Except when directly related to a requirement under the Arkansas academic standards; a District employee responding to questions posed by students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or a District employee refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction, the District shall provide written notification to parents and legal guardians of their ability to exercise their rights under this policy to review items A-G above or to challenge and/or opt their student out of items under A-G above as permitted under Policy 5.6. The District’s notification method shall ensure that the District receives a confirmation of the written notification receipt from parents and legal guardians.

The rights provided to parents under this policy transfer to the student when he/she turns eighteen (18) years old.

Note:	This policy is to be developed in conjunction with parents.

Cross Reference:	5.6—CHALLENGE TO INSTRUCTIONAL/SUPPLEMENTAL MATERIALS

Legal References:	20 USC § 1232h
A.C.A. § 6-16-155
A.C.A. § 6-16-1006

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2022

5.6—CHALLENGE OF INSTRUCTIONAL/SUPPLEMENTAL MATERIALS

Definitions
"Curriculum" means: the sequences of public school student learning expectations, pacing, materials, and resources that are used to teach the Arkansas academic standards and the processes for evaluating mastery of the Arkansas academic standards at particular points in time throughout the kindergarten through grade twelve (K-12) educational program.

“Gender identity" means the same as is used in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which defines it as a category of social identity and refers to an individual's identification as male, female, or, occasionally, some category other than male or female.

"Instructional material" means instructional content that is provided to a public school student, regardless of its format, that includes without limitation printed or representational materials, audio-visual materials, and materials in electronic or digital format, such as materials accessible through the internet; however, Instructional material does not include academic tests or academic assessments.

"Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

Instructional and supplemental materials, including classroom events or activities associated with classroom instruction, are selected for their compatibility with the District’s educational program and their ability to help fulfill the District’s educational goals and objectives. Individuals wishing to challenge or express concerns about instructional or supplemental materials, including classroom events or activities associated with classroom instruction, may do so by filling out a Challenge to Instructional Material form available in the school’s office. 

The contesting individual may present a copy of the form to the principal and request a conference be held at a time of mutual convenience. Prior to the conference, the principal shall consult with the teacher regarding the contested material. In the conference, the principal shall explain to the contesting individual the criteria used for the selection of the material and its relevancy to the educational program as well as any other pertinent information in support of the use of the material.

Following the conclusion of the meeting, the principal shall have five (5) working days to submit a summary of the concerns expressed by the individual and the principal’s response to those concerns to the Superintendent1.

If the contesting individual is not satisfied with the principal’s response, the individual may, after the five (5) working day period, request a meeting with the Superintendent where the individual shall present the same Challenge to Instructional Material form previously presented to the principal. The Superintendent shall explain to the contesting individual the criteria used for the selection of the material and its relevancy to the educational program as well as any other pertinent information in support of the use of the material.2

Following the conclusion of the meeting, the Superintendent shall have five (5) working days to write a summary of the concerns expressed by the individual and the Superintendent’s response to those concerns. The Superintendent shall create a file of his/her response along with a copy of the principal’s response and a copy of the contesting individual’s Challenge to Instructional Material form.

If, after meeting with the Superintendent, the contesting individual is not satisfied with the Superintendent’s response regarding the appropriateness of the instructional or supplemental material, he/she may appeal the Superintendent’s decision to the Board. The Superintendent shall present the contesting individual’s Challenge to Instructional Material form to the Board at the next regularly scheduled meeting along with the written responses to the challenge. The Board may elect, if it so chooses, to hear brief verbal presentations from the parties involved in the challenge. 

The Board shall decide at that meeting or their next regularly scheduled meeting whether to retain the material, limit the availability of the material, or remove the material from the school. The Board’s primary consideration in reaching its decision shall be if the instructional and supplemental materials, including classroom events or activities associated with classroom instruction, are:
•	Misleading;
•	Factually inaccurate; or
•	Otherwise inappropriate for the intended educational use.

In addition to the notification requirements under Policy 5.5 and all other challenge rights under this policy, parents and legal guardians may opt their students out of any of the following by submission of form 5.6F2 regardless of whether any of the listed items are offered as part of a sex education class or program or as part of any other class, activity, or program except when the item is directly related to a requirement under the Arkansas academic standards; a District employee is responding to questions posed by students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or a District employee refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction:
a.	Curricula;
b.	Materials;
c.	Tests;
d.	Surveys;
e.	Questionnaires;
f.	Activities; and
g.	Instruction of any kind.
Students who are excused under this policy from participating in any or all portions of items A-G above shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health.

The rights provided to parents under this policy transfer to the student when the student turns eighteen (18) years old.

Notes:	This policy is to be developed in conjunction with parents.

1 If your district has a curriculum coordinator or education director you might choose to have the process proceed to him/her if not resolved by the principal to the satisfaction of the contestant before having the appeal proceed to the Superintendent.

2 Because the removal of instructional material can involve First Amendment Free Speech issues, ASBA advises the district seek legal advice. This can be done at whatever challenge level you choose, but should certainly be done at least by the time it reaches the board.

Legal References:	20 USC 1232h
A.C.A. § 6-16-155
A.C.A. § 6-15-1006

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2022

5.6F—REQUEST FOR RECONSIDERATION OF INSTRUCTIONAL OR SUPPLEMENTAL MATERIALS, EVENTS, AND ACTIVITIES

Name: _______________________________________________

Date submitted: level one ______________ level two _____________level three ______________

Instructional material, event, or activity being contested: 

Reasons for contesting the material, event, or activity (be specific): 

What is your proposed resolution? 

Signature of receiving principal____________________________________________________

Signature of curriculum coordinator________________________________________________

Signature of Superintendent ______________________________________________________

Date Adopted:	June 21, 2021
Last Revised:	June 21, 2021

5.6F2—STUDENT OPT OUT OF INSTRUCTION, EVENT, OR ACTIVITY REGARDING SEX ED, SEXUAL ORIENTATION, OR GENDER IDENTITY

Parent’s Name:		_______________________________________________

Student’s Name:	_______________________________________________

I have reviewed the list of curricula, materials, tests, surveys, questionnaires, activities, and instruction of any kind regarding sex ed, sexual orientation ,or gender identity and wish for my student to be excused from the following regarding sex ed, sexual orientation, or gender identity:

I understand that I may not opt my student out of curricula, materials, tests, surveys, questionnaires, activities, and instruction of any kind related to sex ed, sexual orientation, or gender identity if the curriculum, material, test, survey, questionnaire, activity, or instruction of any kind is directly related to a requirement under the Arkansas academic standards; a District employee responding to questions posed by students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or a District employee refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction.

I understand that in order for my excused student to not be penalized for grading purposes due to my student being excused from the above instruction, instructional materials, events, or activities that my student must satisfactorily perform alternative lessons related to health.

Parent’s Signature:	______________________________________________	Date:	_______

Date Adopted:	June 21, 2021
Last Revised:	June 21, 2021
5.7—SELECTION OF LIBRARY/MEDIA CENTER MATERIALS

The ultimate authority for the selection and retention of materials for the schools’ media centers rests with the Board of Education which shall serve as a final arbiter in resolving a challenge to any media center materials. Licensed media center personnel shall make the initial selections in consultation with school and district licensed staff. Materials selected shall be in accordance with the guidelines of this policy.

The purpose of the schools’ libraries/media centers is to supplement and enrich the curriculum and instruction offered by the District. Promoting the dialogue characteristic of a healthy democracy necessitates the maintenance of a broad range of materials and information representing varied points of view on current and historical issues. In the selection of the materials and resources to be available in each library/media center consideration will be given to their age appropriateness. Materials should be available to challenge the different interests, learning styles, and reading levels of the school’s students and that will help them attain the District’s educational goals.   

Selection Criteria

The criteria used in the selection of media center materials shall be that the materials:
1.	Support and enhance the curricular and educational goals of the district;
2.	Are appropriate for the ages, learning styles, interests, and maturity of the schools’ students, or parents in the case of parenting literature;
3.	Contribute to the examination of issues from varying points of view and help to broaden students understanding of their rights and responsibilities in our society;
4.	Help develop critical thinking skills; 
5.	Are factually and/or historically accurate, in the case of non-fiction works and/or serve a pedagogical purpose;
6.	Have literary merit as perceived by the educational community; and
7.	Are technically well produced, physically sound (to the extent appropriate), and represent a reasonably sound economic value. 

Retention and Continuous Evaluation

Media center materials shall be reviewed regularly to ensure the continued appropriateness of the center’s collection to the school’s curriculum and to maintain the collection in good repair. Those materials no longer meeting the selection criteria, have not been used for a long period of time, or are too worn to be economically repaired shall be withdrawn from the collection and disposed of. A record of withdrawn media materials including the manner of their disposal shall be maintained for a period of three years.

Gifts

Gifts to the media centers shall be evaluated to determine their appropriateness before they are placed in any media center. The evaluation shall use the same criteria as for all other materials considered for inclusion in the media centers. Any items determined to be unacceptable shall be returned to the donor or disposed of at the discretion of the media specialist. The media centers shall have a list of desired items to give to prospective donors to aid them in their selection of materials to donate.

Challenges:

The parent of a student affected by a media selection, or a District employee of the district may formally challenge the appropriateness of a media center selection by following the procedure outlined in this policy. The challenged material shall remain available throughout the challenge process.

Before any formal challenge can be filed, the individual contesting (hereinafter complainant) the appropriateness of the specified item shall request a conference through the principal’s office with a licensed media center employee. The complainant shall be given a copy of this policy and the Request for Formal Reconsideration Form prior to the conference. The meeting shall take place at the earliest possible time of mutual convenience, but in no case later than five (5) working days from the date of the request unless it is by the choice of the complainant. 

In the meeting, the media specialist shall explain the selection criteria and how the challenged material fits the criteria. The complainant shall explain his/her reasons for objecting to the selected material. If, at the completion of the meeting, the complainant wishes to make a formal challenge to the selected material, he/she may do so by completing the Request for Formal Reconsideration Form and submitting it to the principal’s office.

To review the contested media, the principal shall select a committee of five (5) or seven (7) licensed personnel consisting of the principal as chair and at least one media specialist. The remaining committee members shall be personnel with curriculum knowledge appropriate for the material being contested and representative of diverse viewpoints. The task of the committee shall be to determine if the challenged material meets the criteria of selection. No material shall be withdrawn solely for the viewpoints expressed within it and shall be reviewed in its entirety and not selected portions taken out of context.

The principal shall convene a meeting after a reasonable time for the committee members to adequately review the contested material and the Request for Formal Reconsideration Form submitted by the complainant. The complainant shall be allowed to present the complaint to the committee after which time the committee shall meet privately to discuss the material. The committee shall vote by secret ballot to determine whether the contested material shall be removed from the media center’s collection. A member from the voting majority shall write a summary of the reasons for their decision. A notice of the committee’s decision and the summary shall be given (by hand or certified mail) to the complainant.

If the decision is to not remove the material, the complainant may appeal the committee’s decision to the district Board of Directors by filing a written appeal to the Superintendent within 5 working days of the committee’s decision or of written receipt of the decision. The Superintendent shall present the original complaint and the committee’s decision along with the summary of its reasons for its position plus a recommendation of the administration, if so desired, to the Board within 15 days of the committee’s decision. The Board shall review the material submitted to them by the Superintendent and make a decision within thirty (30) days of receipt of the information. The Board’s decision is final.

Legal Reference:	A.C.A. § 6-25-101 et seq.

Date Adopted:  June 16, 2008
Last Revised:  June 23, 2009

5.7F—REQUEST FOR RECONSIDERATION OF LIBRARY/MEDIA CENTER MATERIALS

Name: _______________________________________________

Date submitted: ______________ 

Media Center material being contested: ________________________________________________________________________________________
________________________________________________________________________________________

Reasons for contesting the material. (Be specific about why you believe the material does not meet the selection criteria listed in policy 5.7—Selection of Library/Media Center Materials): 
________________________________________________________________________________________

What is your proposed resolution? ____________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________

Signature of receiving principal_______________________________________________________________

Signature of Superintendent (if appealed) _______________________________________________________

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.8—USE OF COPYRIGHTED MATERIALS

Use of Copyrighted Work in Face-to-Face Classroom
The Board of Education encourages the enrichment of the instructional program through the proper use of supplementary materials. To help ensure the appropriate use of copyrighted materials, the Superintendent, or designee, will provide district personnel with information regarding the “fair use” doctrine of the U.S. Copyright Code as detailed in the “Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals” and “Guidelines for Educational Uses of Music.”1

Use of Copyrighted Works in Digital Transmissions

Definitions
“Class session”2 means the length of time provided for students to access the materials necessary for the completion of course assignments and tests. Depending on the copyrighted work's overall importance to the course, which can vary from a single assignment to an entire course focusing on the copyrighted work, the class session will end on: 
•	The date set by the teacher for an assignment to be submitted; or
•	The date on the school calendar for the end of classes.

“Course packs” are premade compilations of book excerpts; newspaper, magazine, and journal articles; and instructor-authored materials.

“Mediated Instructional activities” includes textbooks, workbooks, and course packs.

“Transmission” is the remote accessing, whether on or off campus, by students of a copyrighted work by means of a closed circuit television, an educational television channel, or in a digital format on a password protected secure webpage.3 

The District recognizes that advances in technology have resulted in the need for guidelines for the use of copyrighted materials that are transmitted to students through a digital network. While the requirements to use a copyrighted work in a digital transmission have many similarities to those required to use a copyrighted work in a face-to-face classroom, Federal law places several additional requirements on the District’s teachers, IT staff, and librarians for the use of a digitally transmitted copyrighted work. The District is dedicated to providing the tools necessary for teachers, IT staff, and librarians to meet these additional Federal requirements.

The District shall make sure the server where materials are stored is secured, whether the server is located locally or remotely.

The District’s Informational Technologies staff shall develop the proper protocols and train teachers on their use in order to ensure:
1.	The transmission of the copyrighted work is limited to only the students enrolled in the course;
•	Each student shall have a unique ID and password for accessing digital courses/materials4; or
•	Each course shall have a unique password to access course materials; and
•	The password to access the course materials shall be changed immediately following the close of the course.
2.	To prevent students from retaining or further disseminating the copyrighted work for more than one class session;
•	The print function will be disabled;
•	A transparency shall be placed over any literary work, sheet music, or photograph;
•	Audio and video transmissions will be set to be streamed; and
•	The link to the webpage with a copyrighted work shall be deactivated at the end of the applicable class session.

Teachers who wish to provide copyrighted works to students through a digital transmission as part of a digital course as well as teachers wishing to supplement a face-to-face classroom course with a digital transmission must meet applicable copyright statutes and policy 5.11—DIGITAL LEARNING COURSES as well as the following requirements in order to use a copyrighted work:
A.	The use of the copyrighted work(s), whether in whole or in part, must be a part of regular classroom instruction and must be directly related and of material assistance to the course content;
B.	The extent of a copyrighted work that is used must comply with one or more of the following criteria:
•	The entirety of a non dramatic literary or musical work may be used. A non dramatic literary work includes poems and short stories. A non dramatic musical work covers all music that is not part of an opera or musical and does not cover the use of the music video format of a song.
•	Dramatic literary and musical works as well as videos may only be used in limited portions. Dramatic literary and musical works may only be used in the same amount as set forth in the requirements for a face-to-face classroom while videos, including music videos, may only have the portion used that is directly related to the subject of the class session and may not be transmitted in their entirety.
•	Still images or slides that a teacher would have used in the ordinary course of a face-to-face classroom session on a projector or a transparency may be used in a transmission.
•	Works primarily produced or marketed for use in the digital education market may not be transmitted.
•	Works the teacher had knowledge or reasonably believes to be unlawfully made or acquired may not be used.
•	Mediated Instructional activities may not be transmitted.
C.	A statement that works may be subject to copyright shall be placed in at least one of the following areas to provide notice to students of copyright status:5
•	Course syllabus;
•	Home webpage for the course;
•	Webpage for the particular class session; and/or
•	webpage with the copyrighted work.

The teacher and the District librarian shall work together when making digital copies of copyrighted work from physical or analog versions and shall fulfill the following requirements:
I.	The amount converted is only the amount allowed by law; and
II.	The District has no digital copy of the copyrighted work available; or
III.	The District’s digital copy of the copyrighted work that is available has technological protections that prevent the use of the copyrighted work in the manner prescribed by law.

The District will not be responsible for any employee violations of the use of copyrighted materials.

Notes:	A useful checklist for Districts to use to help ensure compliance with Federal copyright laws can be found at http://library.uncc.edu/copyright/TEACH/teachtools.

1 Copies of the documents are available on the Policy Resources page at https://arsba.org/policy-resources.

2 No current law or regulation provides a definition for “class session”. Unfortunately, the traditional meaning of a class session or a class period is impossible to apply to digital courses. Students have the option to digitally access course materials anytime during the day, may not be required to spend a certain period of time for a given course each day, and may complete course assignments at a time when the district is closed. Also, a class session cannot be based on a student's logging in to access course materials as there are many valid reasons that would require a student to log in multiple times to complete an assignment. For now, we don't know of any way to avoid the vagueness of the term and the intricacies of legally implementing it.

3 While we recognize the definition of “transmission” appears backwards from a traditional definition, it has been used in this policy because that is its statutory meaning. It actually refers to when students access something instead of referring to something being sent to students.

There is an important distinction in this policy between a website and a webpage. A website consists of one or more webpages all kept on the same domain while a webpage is a single place on a domain. Federal law requires reasonable measures be taken to prevent unauthorized access to copyrighted works. Therefore, districts have to ensure that any “transmission” in a digital format is by means of a password protected secure webpage. The easiest method for restricting access is by requiring users to enter a password; this does not mean that a password must be entered to access each copyrighted work. When the copyrighted work is accessed by selecting a particular webpage from a website, students should only be required to enter a password to access the website and not each individual webpage. If the webpage with the copyrighted work is reached from the district’s website, then students should be required to enter a password to access the specific webpage. In short, the password should apply to the largest point of entry. Note that there are times when a non-district website would be a single webpage.  Unfortunately, other than forbidding teachers from doing it, the district would have no control over the requiring of a password to access a website/webpage that is disconnected from both the district site and the digital course sites that is not a website created by the teacher. There would be nothing the school could do if someone disconnected from the school posted a copyrighted work to the web and the teacher provided a link to students.

4 This does not require students to have a different ID or password for each digital course the student is enrolled in.

5 It is not required that a posting of copyright notice appear in multiple places but is highly recommended. The more times the notice appears the harder it is for someone to claim to not have seen it.

Cross Reference:	5.11—DIGITAL LEARNING COURSES

Legal Reference:	17 USC § 101 to 1010	(Federal Copyright Law of 1976)

Date Adopted:  June 16, 2008
Last Revised:  March 15, 2021

5.9—COMPUTER SOFTWARE COPYRIGHT

The District shall observe copyright laws governing computer software reproduction.  Unless specifically allowed by the software purchase agreement, the Copyright Act allows the purchaser of software to: 

1. Make one copy of software for archival purposes in case the original is destroyed or damaged through mechanical failure of a computer. However, if the original is sold or given away, the archival copy must be destroyed; 

2. Make necessary adaptations to use the program; and/or

3. Add features to the program for specific applications. These improvements may not be sold or given away without the copyright owner's permission. 

The District shall abide by applicable licensing agreements before using computer software on local-area or wide-area networks.

Legal Reference:	17 USC § 117	Amended Dec. 12, 1980

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.10—RELIGION IN THE SCHOOLS

The First Amendment of the Constitution states that “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof…” As the Supreme Court has stated (Abington School District v, Schempp, 374 U.S. 203) the Amendment thus, “embraces two concepts—freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be.” Therefore, it is the Board’s policy that the school system, as an agency of the government, shall be neutral in matters regarding religion and will not engage in any activity that either advocates or disparages religion. The District shall assume no role or responsibility for the religious training of any student.

The need for neutrality does not diminish our school system’s educational responsibility to address the historical role of religion in the development of our culture. Since we live in a diverse society, the District’s goal shall be to address the subject of religion objectively in such a way that it promotes an understanding of, and tolerance for, each other’s religious or non-religious views.

Discussions concerning religious concepts, practices, or disciplines are permissible when presented in a secular context in their relation to an inclusive study of religion or to the study of a particular region or country. The discussions shall be such that they are objective and academically informational and do not advocate nor denigrate any particular form of religious practice.

Instructional activities in the schools that are contrary to a pupil’s religious beliefs or teachings shall be optional when accommodations can be made.  Accommodation will be considered for those portions of instructional activities in the schools that unduly burden a student's sincere religious belief provided such accommodation doesn’t amount to a significant change in curriculum, program, or course of instruction and when it is possible that a substitution of equally rigorous material that advances the same instructional goals can be arranged. Parents and students are advised that such accommodations are easier to grant when the objection is to non-state mandated Framework material than if the material is required by the Frameworks

The teacher in charge of each classroom may, at the opening of school each day, conduct a brief period of silence with the participation of all students in the classroom who desire to participate.

Students and employees may engage in personal religious practices, such as prayer, at any time, and shall do so in a manner and at a time so that the educational process is not disrupted.

Legal Reference:	A.C.A. § 6-10-115  

Date Adopted:  June 16, 2008
Last Revised:  July 16, 2012

5.11—DIGITAL LEARNING COURSES
 
Definitions
For the purposes of this policy
“Blended Learning” is education in which instruction and content are delivered through supervised instruction in a classroom and online delivery of instruction with some element of student control over time, place, path, or pace.

“Digital Learning” means a digital technology or internet-based educational delivery model that does not rely exclusively on compressed interactive video (CIV). Digital learning includes online and blended learning.

"Instructional Materials" means:
1.	Traditional books, textbooks, and trade books in printed and bound form;
2.	Activity-oriented programs that may include:
a.	Manipulatives;
b.	Hand-held calculators;
c.	Other hands-on materials; and
3.	Technology-based materials that require the use of electronic equipment in order to be used in the learning process.

“Online Learning” is education in which instruction and content are delivered primarily over the Internet. The term does not include print-based correspondence education, broadcast television or radio, videocassettes, compact disks and stand-alone educational software programs that do not have a significant Internet-based instructional component.

“Public School Student Accessing Courses at a Distance” means a student who is scheduled for a full course load through the District and attends all classes virtually.

Digital Course Offerings
The District shall offer one or more digital learning course(s) through one or more District approved provider(s) as either a primary or supplementary method of instruction. The courses may be in a blended learning, online-based, or other technology-based format and shall be tailored to meet the needs of each student.

The District may provide their own digital learning courses.

All digitally offered courses shall meet or exceed the State Board of Education's curriculum standards and requirements and be capable of being assessed and measured through standardized or local assessments. Additionally, the District shall ensure there is sufficient infrastructure to handle and facilitate a quality digital learning environment.

As an approved digital learning provider, the District shall annually determine what District created digital learning courses it will provide to our students. The District may also choose to provide digital learning courses by contracting with outside providers of such courses, who have been pre-approved by the Division of Elementary and Secondary Education (DESE). The School Board shall determine the provider method or combination of methods for the District. The Superintendent shall ensure that all digital learning courses provided to District students, regardless of the source of the course, have been approved by DESE.
District created digital courses and any digital courses the district purchases from outside providers shall adhere to the guidelines for the use of digitally transmitted copyrighted materials set forth in Policy 5.8‑USE OF COPYRIGHTED MATERIALS as well as applicable statutory requirements.

The District shall require all outside providers to incorporate Policy 5.8 as a condition of the service contract. Failure of the outside provider to abide by Policy 5.8 shall constitute a breach of contract and the outside provider shall be responsible for any costs resulting from such breach.

A student may elect to take any or all of his/her scheduled courses digitally. The student’s attendance in the student’s digital course(s) shall be determined in accordance with Policy 4.7—ABSENCES.2

The District is responsible for providing all instructional materials for each student who enrolls in a District approved digital learning course.3

Regardless of any other provisions of this policy, the District may restrict a student's access to digital courses when the student's building principal determines the student’s participation in such a course would not be academically appropriate based on the student's past performance in digital courses. Furthermore, the student's building principal may revoke a student's eligibility to continue taking a digital learning course if the student's performance during the semester indicates the student is not succeeding in the course.4

Notes:	1 The district is NOT required to provide its own digital learning courses, but doing so affords the most oversight of what content such courses contain and how the courses are taught. Note that should the district choose to offer digital courses to non-district students, the district will have to go through the same provider approval process as is required for all "outside" providers.

2 7.04 of DESE Rules Governing Distance and Digital Learning allows a student to take all courses virtually. Attendance in a synchronous digital course must be tracked in the same manner as for students attending an in-person course. Students attending an asynchronous digital corse should have their attendance tracked in a manner that best works with your digital course platform. It is possible for a student who is assigned a period to complete the asynchronous digital course who fails to be physically present may be considered truant but may not be absent for the digital course if they meet the attendance requirements for the asynchronous attendance method.

Example: A ninth (9th) grade student elects to take one (1) course digitally. The other courses the student takes are scheduled for first (1st), second (2nd), fourth (4th), fifth (5th), and sixth (6th) periods and the student has a study hall during seventh (7th) period. Because the student is too young to check out for third (3rd) period, the student is assigned third (3rd) period to work on the asynchronous digital course. If the student goes to the gym one day during third (3rd) period instead of the classroom where the student is supposed to be, the student would be truant but would not be absent so long as the student met the requirements to not be treated absent for the asynchronous digital course.

3 This sentence is based on the statutory definition of "instructional materials". The statute further provides that the instructional materials shall be provided at no cost to students for all subjects taught.

4 While digital learning offers great promise for engaging students, it also requires maturity and study skills that will not work for some students. The intention of the paragraph is to leave the initial digital enrollment open to previously poor and/or disengaged students who might thrive in a digital format, and yet still give the principal the authority to intervene when it's in the student's best interest.

Cross References:	4.7—ABSENCES
4.45—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS
5.8—USE OF COPYRIGHTED MATERIALS

Legal References:	A.C.A. § 6-16-1401 et seq.
A.C.A. § 6-18-213
A.C.A. § 6-18-222
A.C.A. § 6-28-109
DESE RULES GOVERNING DISTANCE AND DIGITAL LEARNING 

Date Adopted: June 19, 2014
Last Revised:  June 21, 2021

5.14—HOMEWORK

Homework is considered to be part of the educational program of the District.  Assignments shall be an extension of the teaching/learning experience that promotes the student’s educational development. As an extension of the classroom, homework must be planned and organized and should be viewed by the students as purposeful.  

Teachers should be aware of the potential problem students may have completing assignments from multiple teachers and vary the amount of homework they give from day to day.

Parents shall be notified of this policy at the beginning of each school year.

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2018

5.15—GRADING

Parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis shall be kept informed concerning the progress of their student.  Parent-teacher conferences are encouraged and may be requested by parents, guardians, persons having lawful control of a student, persons standing in loco parentis, or teachers. If the progress of a student is unsatisfactory in a subject, the teacher shall attempt to schedule a parent-teacher conference. In the conference, the teacher shall explain the reasons for difficulties and shall develop, cooperatively with the parents, a plan for remediation which may enhance the probability of the student succeeding. The school shall also send timely progress reports and issue grades for each nine-week grading period* to keep parents/guardians informed of their student’s progress.

The evaluation of each student’s performance on a regular basis serves to give the parents/guardians, students, and the school necessary information to help effect academic improvement. Students’ grades shall reflect only the extent to which a student has achieved the expressed educational objectives of the course.

The grades of a child in foster care shall not be lowered due to an absence from school due to:
(1) A change in the child's school enrollment; 
(2) The child's attendance at a dependency-neglect court proceeding; or
(3) The child's attendance at court-ordered counseling or treatment.

The grading scale for all schools in the district shall be as follows.

A =100 – 90
B = 89 – 80
C = 79 – 70
D = 69 – 60
F = 59 and below

For the purpose of determining grade point averages, the numeric value of each letter grade shall be

A = 4 points
B = 3 points
C = 2 points
D = 1 point
F = 0 points

The grade point values for Advanced Placement (AP), International Baccalaureate (IB), and approved honor courses shall be one point greater than for regular courses with the exception that an F shall still be worth 0 points.

Legal References:	A.C.A. § 6-15-902  
A.C.A. § 9-28-113(f)
Standards For Accreditation 5-A.1
Division of Elementary and Secondary Education Rules Governing Grading and Course Credit

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

5.17—HONOR ROLL AND HONOR GRADUATES

HONOR ROLL

Students who earn A’s and B’s will be recognized as honor roll students for each grading period. 

HONOR GRADUATES

Students who have successfully completed the minimum core of courses recommended for preparation for college as defined by the Higher Education Coordinating Board and the State Board of Education and have a cumulative GPA of 3.5 and complete a minimum of 8 credits in courses listed in the high school handbook will be designated as honor students. The GPA shall be derived from courses taken in public schools in grades nine (9) through twelve (12).

Distinguished Honor Graduates

Students who have successfully completed the minimum core of courses recommended for preparation for college as defined by the State Board of Higher Education and the State Board of Education and have a cumulative GPA of 4.0 and complete a minimum of 8 credits in courses listed in the high school handbook will be designated as distinguished honor students.  The GPA shall be derived from courses taken in the public schools in grades (9) through twelve (12).

Legal References:	A.C.A. § 6-18-101 (a) (1)
			A.C.A. § 6-18-101 (a) (2)
			A.C.A. § 6-18-101 (b) 
			A.C.A. § 6-18-101(e)
			A.C.A. § 6-61-217(a)

Date Adopted:  June 16, 2008
Last Revised:  March 15, 2021

5.18—HEALTH SERVICES

The Board believes that healthy children promote a better learning environment, are more capable of high student achievement, and will result in healthier, more productive adults. Therefore, the goal of the District’s health services is to promote a healthy student body. This requires both the education of students concerning healthy behaviors, as well as providing health care services to pupils.

While the school nurse is under the supervision of the school principal, the delegation of health care duties shall be in accordance with the Arkansas Nurse Practice Act and the Arkansas State Board of Nursing Rules Chapter Five: Delegation of Nursing Care.

Annually, the information reported in the Division of Elementary and Secondary Education Health Services Survey shall be provided to the Board.

Legal Reference:	A.C.A. § 6-18-709

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

5.19—EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS

The Board believes in providing opportunities for students to participate in extracurricular activities that can help enrich the student’s educational experience. At the same time, the Board believes that a student’s participation in extracurricular activities cannot come at the expense of his/her classroom academic achievement. Interruptions of instructional time in the classroom are to be minimal. Additionally, a student’s participation in, and the District’s operation of, extracurricular activities shall be subject to the following policy. All students meeting this policy’s criteria are eligible for extracurricular activities.

Definitions:

Extracurricular activities are defined as: any school sponsored program where students from one or more schools meet, work, perform, practice under supervision outside of regular class time, or are competing for the purpose of receiving an award, rating, recognition, or criticism, or qualification for additional competition. Examples include, but are not limited to, interscholastic athletics, cheerleading, band, choral, math, or science competitions, and club activities.

Academic Courses are those courses for which class time is scheduled, which can be credited to meet the minimum requirements for graduation, which is taught by a teacher required to have State certification in the course, and has a course content guide which has been approved by the Arkansas Department of Education. Any of the courses for which concurrent high school credit is earned may be from an institution of higher education recognized by the Arkansas Department of Education. If a student passes an academic course offered on a block schedule, the course can be counted twice toward meeting the requirement for students to pass four (4) academic courses per semester as required by this policy.

Supplemental Improvement Program is an additional instructional opportunity for identified students outside of their regular classroom and meets the criteria outlined in the current Arkansas Activities Association Handbook.

ACADEMIC REQUIREMENTS: Junior High

A student promoted from the sixth to the seventh grade automatically meets scholarship requirements. A student promoted from the seventh to the eighth grade automatically meets scholarship requirements for the first semester. The second semester eighth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester, three (3) of which shall be in the core curriculum areas specified by the Arkansas Department of Education’s Standards of Accreditation of Arkansas Public Schools.

The first semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester, three (3) of which shall be in the core curriculum areas specified by the Arkansas Department of Education’s Standards of Accreditation of Arkansas Public Schools.

The second semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed (4) academic courses the previous semester which count toward his/her graduation requirements.
Ninth-grade students must meet the requirements of the senior high scholarship rule by the end of the second semester in the ninth grade in order to be eligible to participate the fall semester of their tenth-grade year.

ACADEMIC REQUIREMENTS: Senior High

In order to remain eligible for competitive interscholastic activity, a student must have passed (4) academic courses the previous semester and either: 
	
1)	Have earned a minimum Grade Point Average of 2.0 from all academic courses the previous semester; or

2)	If the student has passed four (4) academic courses the previous semester but does not have a 2.0 GPA the student must be enrolled and successfully participating in a supplemental instruction program to maintain their competitive interscholastic extracurricular eligibility.  

STUDENTS WITH AN INDIVIDUAL EDUCATION PROGRAM

In order to be considered eligible to participate in competitive interscholastic activities, students with disabilities must pass at least four (4) courses per semester as required by their individual education program (IEP).

ARKANSAS ACTIVITIES ASSOCIATION
 
In addition to the foregoing rules, the district shall abide by the rules and regulations of the Arkansas Activities Association (AAA) governing interscholastic activities.

* State Board of Education Standards for Accreditation 10.05 require a policy that "shall limit and control interruptions of instructional time in the classroom and the number of absences for such activities." You could replace “one per week per extracurricular activity” with a specific number of days per semester that could also allow the student to "bank" or accumulate days in anticipation of a major event.

NOTE: The standards as outlined above are minimum standards and can be raised locally if desired.  If your district does not offer a Supplemental Instruction Program (SIP), delete the references to it in your policy. 

The State Board has given the Arkansas Activities Association the responsibility and authority to administer the SIP. Their standards allow a student to participate in an SIP for a maximum of two consecutive semesters and require the student to improve his/her GPA by at least 10% by the end of the first semester to remain eligible for the second semester. By the end of the second semester, the student must have attained a 2.0 GPA to be eligible for competitive interscholastic activities. Following one or more semesters where the student has attained a 2.0 GPA, this cycle may be repeated.

Legal References:	State Board of Education Standards for Accreditation 10.05 and 10.06
Arkansas Activities Association Handbook

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.19.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY

The Board believes in providing opportunities for students to participate in extracurricular activities that can help enrich the student’s educational experience. At the same time, the Board believes that a student’s participation in extracurricular activities cannot come at the expense of his/her classroom academic achievement. Interruptions of instructional time in the classroom and absences from class are to be minimal. All students are eligible for extracurricular activities unless specifically denied eligibility on the basis of criteria outlined in this policy.

A student may lose his/her eligibility to participate in extracurricular activities when, in the opinion of the school’s administration, the student’s participation in such an activity may adversely jeopardize his/her academic achievement. Students may also be denied permission to participate in extracurricular activities as a consequence of disciplinary action taken by the administration for inappropriate behavior.3

Legal References:	State Board of Education Standards for Accreditation 10.05 and 10.06

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.20—DISTRICT WEB SITE

The Salem School District shall maintain a web page to provide information about its schools, students, and activities to the community. This policy is adopted to promote continuity between the different pages on the district web site by establishing guidelines for their construction and operation.

The Salem School District web site shall be used for educational purposes only. It shall not create either a public or a limited public forum. Any link from any page on the District’s site may only be to another educational site. The web site shall not use “cookies” to collect or retain identifying information about visitors to its web site nor shall any such information be given to “third parties.” Any data collected shall be used solely for the purpose of monitoring site activity to help the district improve the usefulness of the site to its visitors.

Each school’s web page shall be under the supervision of the school’s Web Master and the District’s web site shall be under the supervision of the District’s Web Master. They shall have the responsibility for ensuring that web pages meet appropriate levels of academic standards and are in compliance with these guidelines and any additional administrative regulations. To this end the District and School Web Masters shall have the authority to review and edit any proposed changes to web pages to ensure their compliance with this policy. All such editing shall be viewpoint neutral. 

District and school web pages shall also conform to the following guidelines.

1)	All pages on the District’s web site may contain advertising and links only to educational sources. 

2)	The District’s home page shall contain links to existing individual school’s web pages and the school home pages shall link back to the District’s home page. The District’s home page may also include links to educational extracurricular organization’s web pages which shall also link back to the District’s home page.

3)	Photos along with the student’s name shall only be posted on web pages after receiving written permission from the student’s parents or the student if the student is over the age of eighteen (18).

4)	The District’s web site will be hosted by a company of the district’s choosing that will comply with all requirements of an educational institution.

5)	No web page on the District web site may contain public message boards or chat rooms.

6)	All web pages on the District web site shall be constructed to download in a reasonable length of time.

7)	The District’s home page shall contain a link to a privacy policy notice which must be placed in a clear and prominent place and manner.

8)	With the exception of students who may retain the copyright of material they have created that is displayed on a District web page, all materials displayed on the District web site are owned by Salem School District.

9)	The District shall include the following information on its website through a link located on the District’s homepage titled “State Required Information”:6
a)	Local and state revenue sources;
b)	Administrator and teacher salary and benefit expenditure data;
c)	District balances, including legal balances and building fund balances;
d)	Minutes of regular and special meetings of the school board;
e)	The district’s budget for the ensuing year;
f)	A financial breakdown of monthly expenditures of the district;
g)	The salary schedule for all employees including extended contract and supplementary pay amounts;
h)	Current contract information (not including social security numbers, telephone numbers, personal addresses or signatures) for all district employees;
i)	The district’s annual budget;
j)	The annual statistical report of the district;
k)	The district’s personnel policies; and
l)	The annual School Performance Report;7
m)	School-Level Improvement Plans; and
n)	The School District Support Plan.
o)	Student discipline policies;
p)	Comprehensive School Counseling Plan;
q)	The District financial policies;
r)	Student handbooks;9
s)	The Annual Report to the Public;
t)	The parent, family, and community engagement plan;
u)	The Immunization waiver report from Policy 4.57—IMMUNIZATIONS;
v)	School District Calendar;
w)	List of statutory, rule, or Standards for Accreditation waivers the District has received under A.C.A. § 6-15-103;
x)	The District’s Teacher and Administrator Recruitment and Retention Plan;

The information and data required for items A through K in 9 above shall be the actual data for the previous two (2) school-years and the projected data for the current school-year.

Before July 15 of each year, the District shall post on its website the following information:
•	The dyslexia intervention programs used during the previous school year that were specifically responsive to assisting students with dyslexia;
•	The number of students during the previous school year who received dyslexia intervention; and
•	The total number of students identified with dyslexia during the previous school year.

The District shall include the following information on its website that may be accessed through a link located on the District’s homepage titled “Title IX/Sex Discrimination”:11
o	Contact information for the District’s Title IX Coordinator;
o	A statement that any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator in person or by using the mailing address, telephone number, or email address provided. A report may be made at any time, including during non-business hours, and may be on the individual’s own behalf or on behalf of another individual who is  the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment;
o	Copies of the District’s sexual harassment policies;
o	Copies of the District’s Procedures governing the grievance and appeal process;
o	The process for filing a formal complaint of sexual harassment; and
o	Direct links to or copies of the materials used to train the District’s Title IX Coordinators, investigators, and decision-makers.

The District and school webmasters are responsible for ensuring all District webpages meet required standards to be accessible to individuals with disabilities.

Cross References: 3.26—LICENSED PERSONNEL SEXUAL HARASSMENT
    4.27—STUDENT SEXUAL HARASSMENT
    4.57—IMMUNIZATIONS
    5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT
    8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

Legal References:	A.C.A. § 6-11-129
A.C.A. § 6-15-1402
A.C.A. § 6-15-2006
A.C.A. § 6-15-2101
A.C.A. § 6-15-2914
A.C.A. § 6-17-1901
A.C.A. § 6-18-702
A.C.A. § 6-18-2001 et seq.
A.C.A. § 6-41-606
A.C.A.  §6-41-611
DESE Rules Governing How to Meet the Needs of Children With Dyslexia
DESE Rules Governing the Arkansas Educational Support and Accountability Act
DESE Rules Governing Act 1240 Waivers
DESE Rules Governing Documents Posted to School District and Education Service Cooperative Websites
Standards For Accreditation 12.02.1, 1-B.2, 2-B.1, 2-H.2, 3-A.1, 3-A.2, 3-A.9, 3-B.1, 3.B.2.1, 5-A.1
20 U.S.C. § 1232 g
15 U.S.C. § 6501 (COPPA)
34 C.F.R. § 106.8
34 C.F.R. § 106.45

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

5.20 F1—PERMISSION TO DISPLAY PHOTO OF STUDENT ON WEB SITE

I hereby grant permission to the Salem School District to display the photograph or video clip of me/my student (if student is under the age of eighteen {18}) on the District’s web site, including any page on the site, or in other District publications without further notice. I also grant the Salem School District the right to edit the photograph or video clip at its discretion.

The student’s name may be used in conjunction with the photograph or video clip. It is understood, however, that once the photograph or video clip is displayed on a web site, the District has no control over how the photograph or video clip is used or misused by persons with computers accessing the District’s web site.

__________________________________________
Name of student (Printed)

__________________________________________
Signature of student (only necessary if student is over 18)

__________________________________________
Signature of parent (required if student is under 18)

_______________
Date

5.20.1—WEB SITE PRIVACY POLICY

The Salem School District operates and maintains a web site for the purpose of informing the citizens of the district about its activities. The web site does not use “cookies” or ISP addresses to collect or retain personally identifying information about visitors to its web site nor is any such information given to “third parties.” Any data collected is used solely for the purpose of monitoring site activity to help the district improve the usefulness of the site to its visitors.

The site serves no commercial purpose and does not collect any information from individuals for such purpose. 

Photographs of students, when associated with the student’s name, shall not be displayed on any page of the district’s web site without the prior written consent of the parent (or the student if 18 or older). 

The site provides for email communication between the District and individuals for the purpose of exchanging information regarding the District and its activities or between teachers and their students. The site may also provide for password protected communication between the District and its staff. 

Legal References:	15 U.S.C. § 6501 (COPPA)

Date Adopted:  June 16, 2008
Last Revised:  June 23, 2009

5.21—ADVANCED PLACEMENT

Students in grades 7-12 who take advanced placement (AP) courses,; International Baccalaureate (IB) courses; honors or concurrent credit college courses;1 or other courses approved for weighted credit by the Division of Elementary and Secondary Education (DESE) shall be graded according to the following schedule:

A =100 – 90
B = 89 – 80
C = 79 – 70
D = 69-60
F = 59 and below

For the purpose of determining grade point averages, the numeric value of each letter grade shall be

A = 5 points
B = 4 points
C = 3 points
D = 2 point
F = 0 points

For a student to be eligible to receive weighted credit for an AP, or IB course:
•	The course must be taught by an Arkansas licensed teacher who has received the appropriate training required by Arkansas statute and DESE Rule or, for an AP teacher, is in the process of completing an Additional Training Plan; and
•	The student takes the applicable AP or IB examination after completing the entire course. Credit shall be given for each grading period during the course of the year, but shall be retroactively removed from a student’s grade for any course in which the student fails to take the applicable exam.  Students who do not take the applicable exam shall receive the same numeric value for the grade he/she receives in the course as if it were a non-AP or IB course.2

 “Honors Courses” are those courses that have been approved by DESE as honors courses. Honors courses must stress higher order learning and be offered in addition to curriculum offerings required by the Standards for Accreditation.

Students who transfer into the district will be given weighted credit for the AP courses; IB courses; honors or concurrent credit college courses;1 and other courses approved by DESE for weighted credit that were taken for weighted credit at his/her previous school(s) according to the preceding scale.

Legal References:	DESE Rules Governing Grading and Course Credit
A.C.A. § 6-15-902
A.C.A. § 6-16-806
			
Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

5.22—CONCURRENT CREDIT

A ninth (9th) through twelfth (12th) grade student who successfully completes a college course(s) from an institution approved by the Division of Elementary and Secondary Education (DESE) shall be given credit toward high school grades and graduation at the rate of one (1) high school credit for each three (3) semester hours of college credit. Unless approved by the school’s principal, prior to enrolling for the course, the concurrent credit shall be applied toward the student’s graduation requirements as an elective.

As permitted by the DESE Rules Governing Grading and Course Credit, a student who takes a three (3) semester hour remedial/developmental education course shall receive a half (1/2) credit for a high school career focus elective. The remedial/developmental education course cannot be used to meet core subject area/unit requirements 

Participation in the concurrent high school and college credit program must be documented by a written agreement between:
•	The student;
•	The student’s parent(s) or legal guardian(s) if the student is under the age of eighteen (18);
•	The District; and
•	The publicly supported community college, technical college, four-year college or university, or private institution of higher education the student attends to take the concurrent credit course.

Students are responsible for having the transcript for the concurrent credit course(s) they’ve taken sent to their school in order to receive credit for the course(s). Credit for concurrent credit courses will not be given until a transcript is received. Students may not receive credit for the course(s) they took or the credit may be delayed if the transcripts are not received at all or in a timely manner; this may jeopardize students’ eligibility for extracurricular activities, graduation, or other activites.1

Students will retain credit earned through the concurrent credit program that was applied toward a course required for high school graduation from a previously attended, accredited, public school.

A student eligible to receive free or reduced price meals shall not be responsible for any of the costs for the student’s first six (6) concurrent credit hours so long as the concurrent credit courses are taught on the District grounds and by a teacher employed by the District.2 Any and all costs of concurrent credit courses beyond the six (6) hours permitted, that are not taught on the District’s campus, or are not taught by a teacher employed by the District are the responsibility of the student. Students who are not eligible to receive free or reduced price meals are responsible for any and all costs associated with concurrent credit courses.

Notes:	A.C.A. § 6-18-232 prohibits a private school or home schooled student who is attending a concurrent credit course through the district under Policy 4.59 from being charged for the concurrent course unless the district also charges the district’s students for concurrent credit courses.

1 If your district has other repercussions that would apply for failure to receive credit for a course, enter them here.

This paragraph is not mandatory, but would put the responsibility on the student for getting his/her transcripts to you.

2 The cost of the six (6) concurrent credit hours may be paid by the District, the institution of higher education, or through a cost sharing agreement between the District and the institution of higher education.

Cross Reference: 4.59—ACADEMIC COURSE ATTENDANCE BY PRIVATE SCHOOL AND HOME SCHOOLED STUDENTS

Legal References:	A.C.A. § 6-15-902(c)(2)
A.C.A. § 6-16-1201 et seq.
A.C.A. § 6-18-232
DESE Rules Governing Grading and Course Credit

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

5.23—EQUIVALENCE BETWEEN SCHOOLS

Not Applicable - The Salem School District has only one elementary school and one high school.

5.24—STUDENT PARTICIPATION IN SURVEYS

Section One: No student shall be required to submit to a survey, analysis, or evaluation which is administered or distributed by a school, and is funded in whole or in part by any program administered by the U.S. Department of Education without the prior written consent of the parent/guardian that reveals information concerning the following:

1.	political affiliations;
2.	mental and psychological problems potentially embarrassing to the student or his family;
3.	sex behavior and attitudes;
4.	illegal, anti-social, self-incriminating, and demeaning behavior;
5.	critical appraisals of other individuals with whom respondents have close family relationships;
6.	legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; 
7.	religious practices, affiliations, or beliefs of the student or student’s parent; or
8.	income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Section Two: No surveys shall be administered without the prior approval of the school principal. Any survey created by a third party, or funded, in whole or in part, as part of any US Department of Education administered program, containing one or more of the eight categories listed above shall be available to be inspected by a student’s parent/guardian before the survey is administered or distributed by a school to a student. Parents/guardians shall have the right to deny permission for their child to participate in the taking of the survey. The school shall not penalize students whose parents/guardians exercise this option. The school shall take reasonable precautions to protect students’ privacy during their participation in the administration of any survey, analysis, or evaluation containing one or more of the eight categories listed above.

Section Three: Parents or guardians wishing to inspect a survey, analysis, or evaluation shall be able to so in the administrative office of the administering school where the surveys shall be available for inspection for a period of ten (10)* days (regular school days when school is in session) after the notice of intent to administer the survey is sent. Included in the notice shall be information regarding how the survey or questionnaire will be administered; how it will be utilized; and the persons or entities that will have access to the results of the completed survey or questionnaire. Parents may refuse to allow their student to participate before or after reviewing the survey or questionnaire.

The requirements of sections one, two, and three of this policy do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). 

Section Four: Prior written parental permission is required before any survey or questionnaire (not including tests mandated by state or Federal law or regulation and standardized scholastic achievement tests) is administered to a student the responses to which are to be provided to a person or entity other than another pubic school, school district, or any branch of the Federal Government and which requests or requires a student to provide any of the eight (8) categories of information listed above and/or the following;

1.	A student’s name;
2.	The name of the student’s parent or member of the student’s family;
3.	The address, telephone number, or email address of a student or a member of a student’s family;
4.	A personal identification number, such as a social security number, driver’s license number, or student identification number of a student or a member of the student’s family;
5.	Any information, the disclosure of which is regulated, or prohibited by any other state or federal law or regulation.

The rights provided to parents under this policy transfer to the student when he/she turns 18 years old.

Notes: 	This policy is to be developed in conjunction with parents.
	Parents must be “directly” notified of this policy, at least annually at the beginning of the school year, and within a reasonable period of time after any substantive change in the policy and include in the notice the specific or approximate dates (to the extent known) during the school year when these activities are scheduled.
	“Directly notified” in regard to this policy means by mail or email: inclusion in the student handbook does not meet the law’s requirements. 

*The length of time may be adjusted, but it must be a “reasonable period of time.”

Legal Reference:	20 USC § 1232h (a), (b), (c) [NCLB Act of 2001, Part F, Section 1061 (c) (1)(A)(i)(ii)(B), (2)(A)(i)(ii)(B)(C)(ii), (5)(A)(ii)(B), (6)(C)(F)(G)]
			ACA § 6-18-1301 et seq.

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.24F1—OBJECTION TO PARTICIPATION IN SURVEYS, ANALYSIS, OR EVALUATIONS

I, the undersigned, being a parent or guardian of a student, or a student eighteen (18) years of age or older, hereby note my objection to participation by the student named below in the following survey, analysis, or evaluation.

I choose not to have my student participate in the following survey, analysis, or evaluation.

Name of specific survey ______________________________________________________________

____All surveys

__________________________________________
Name of student (Printed)

_________________________________________
Signature of parent (or student, if 18 or older)

__________________________________________
Date form was filed (To be filled in by office personnel)

5.25—MARKETING OF PERSONAL INFORMATION

The Salem School District shall not collect, disclose, or use personal information for the purpose of marketing or for selling that information or to otherwise provide that information to others for that purpose.1

Personal information is defined, for the purposes of this policy only, as individually identifiable information including

1.	a student or parent’s first and last name,
2.	a home or other physical address (including street name and the name of the city or town),
3.	telephone number, and 
4.	social security identification number.

The district may collect, disclose, or use personal information that is collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions such as the following:

1.	College or other postsecondary education recruitment, or military recruitment;
2.	Book clubs, magazines, and programs providing access to low cost literary products;
3.	Curriculum and instructional materials used by elementary schools and secondary schools;
4.	Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
5.	The sale by students of products or services to raise funds for school related or education related activities; and 
6.	Student recognition programs.

Legal Reference:	20 USC § 1232h (c) [NCLB Act of 2001, Part F, Section 1061 (c) (1)(E), (2)(A)(C)(i), (4)(A), (5)(A)(i)(B), (6)(C)(E)]

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

5.26—ALTERNATIVE LEARNING ENVIRONMENTS

The district shall have an alternative learning environment (ALE) which shall be part of an intervention program designed to provide guidance, counseling, and academic support to students who are experiencing emotional, social, or academic problems. 

The superintendent or his/her designee shall appoint an Alternative Education Placement Team which shall have the responsibility of determining student placement in the ALE. The team should consist of at least a school counselor, the ALE director or principal, a parent or legal guardian, and a regular classroom teacher.

Students who are placed in the ALE shall exhibit at least two (2) of the following characteristics
1.	Ongoing, persistent lack of attaining proficiency levels in literacy and mathematics
2.	Abuse: physical, mental, or sexual;
3.	Frequent relocation of residency;
4.	Homelessness;
5.	Inadequate emotional support;
6.	Mental/physical health problems;
7.	Pregnancy;
8.	Being a single parent;
9.	Personal or family problems or situations;
10.	Recurring absenteeism;
11.	Dropping out from school; or
12.	Disruptive behavior.

before or upon entry into the ALE, the ALE program shall assess the student in order to provide intervention services designed to address the student’s specific educational and behavioral needs, with the focus for behavioral needs on long-term improvement of the student’s ability to control the student’s behavior.

No later than five (5) school days after a student begins alternative education interventions, the Alternative Education Placement Team shall develop a signed agreement between the ALE; the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis (if they choose to participate); and the student, outlining the responsibility of the ALE; parent, legal guardian, person having lawful control of the student, or person standing in loco parentis; and the student to provide assurance that the plan for each student is successful.

No later than one (1) week after a student begins alternative education interventions, the Alternative Education Placement Team shall assess the student’s current functioning abilities and all relevant social, emotional, academic, career, and behavioral information and develop an SAP outlining the intervention services to be provided to the student . The SAP may be revised from time to time by the ALE placement team. The SAP shall contain at a minimum:
a.	A plan of intervention services to be provided to address the student’s specific educational needs and, if appropriate, the student’s behavioral needs;
b.	Goals and objectives necessary to achieve positive reintegration into the regular educational environment;
c.	Exit criteria on which to base a student’s return to the regular educational environment; 
d.	Documentation of the presence of the characteristics listed above that were the reason for the student’s referral to the ALE program;
e.	Documentation of the specific ALE programming and supports that will address each identified characteristic or situation causing a barrier to the student’s success; and
f.	A positive behavior or transitional plan prior to a student’s return to the regular educational environment.

The district’s ALE program shall follow class size, staffing, curriculum, and expenditure requirements identified in the Division of Elementary and Secondary Education (DESE) Rules.

Notes:	In addition to the language contained in this policy, districts using an ALE hybrid program will need to add language covering:
•	That students in an ALE hybrid program shall participate on-site for direct support at least twenty percent (20%) of the total instructional time;
•	Clear criteria for how the district will monitor student success to determine the need for additional direct support if there is a lack of expected progress by a student;
•	That additional direct support may include an increased percentage of on-site instruction and additional services and supports; and
•	That an increased percentage of remote instruction, or placement of a student in an ALE hybrid program, shall only be used to meet a student’s academic and social and emotional goals outlined in the student’s SAP and not as a punishment or negative consequence.

Legal References:	A.C.A. § 6-20-2305(b)(2)
A.C.A. § 6-48-101 et seq.
DESE Rules Governing Student Special Needs Funding– 3.01, 4.00, and 8.0
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  June 20, 2022

5.26.1—ALE PROGRAM EVALUATION

The ALE program shall be evaluated at least annually to determine its overall effectiveness at providing a non-punitive environment that is conducive to learning, that eliminates traditional barriers to learning, and at compliance with the Division of Elementary and Secondary Education Rules Governing Student Special Needs Funding. The evaluation shall specifically address how the use of ALE funds is in alignment with the district’s school district support plan in addressing identified achievement gaps and student performance deficiencies.

Legal References:	A.C.A. § 6-15-2914
DESE Rules Governing Student Special Needs Funding

Date Adopted:  June 16, 2008
Last Revised:  June 20, 2022

5.27—ENGLISH LANGUAGE LEARNERS

The district shall utilize the special needs funding it receives for identified English Language Learners (ELL) on activities, and materials listed in the DESE Rules Governing Student Special Needs Funding. 
The expenditures of ELL supplemental funding shall be evaluated at least annually to determine their overall effectiveness. The evaluation shall specifically address how the use of ELL funds is in alignment with the district’s school district support plan in addressing identified achievement gaps and student performance deficiencies.

Legal References:	A.C.A. § 6-15-2914
A.C.A. § 6-20-2305(b)(3)
DESE Rules Governing Student Special Needs Funding - 3.09, 5.00, and 8.00
Standards For Accreditation 2-J.2

Date Adopted:  June 16, 2008
Last Revised:  March 15, 2021

5.28—ENHANCED STUDENT ACHIEVEMENT FUNDING EXPENDITURES

Funding received from the state based on the number of students eligible for free and reduced-priced meals under the National Student Lunch Act shall be expended in accordance with guidelines outlined in the Division of Elementary and Secondary Education (DESE) Rules Governing Student Special Needs Funding.

Using District specific data, the District shall conduct the DESE developed needs assessment to identify areas where Enhanced Student Achievement (ESA) funds need to be directed. The District shall develop a three-year plan for the use of the District’s ESA funds. The District’s plan shall:
•	Describe the District's intended and implemented strategies to enhance student achievement;
•	Describe how ESA funds will be used to support the strategies of the District as permitted by Arkansas law and DESE Rules;
•	Include goals and measures of success for the areas where ESA funds will be directed;
•	Specify the categories and types of expenditures the district intends to use to meet the needs that were identified through the needs assessment and supported by the District specific data, which may include without limitation: personnel, programs, materials, supplies, services, and equipment, which may include technology; and
•	If the District uses esa funds in areas not identified by the needs assessment or supported by the District’s specific data, justification for the use of the ESA funds in these areas.

The District shall review the District’s enhanced student achievement plan at least annually, which shall include a review of the progress of the implementation of the District’s proposed strategies and the efficacy of the planned strategies. The District shall update the District’s enhanced student achievement plan at least annually. Any amendments to the District’s enhanced student achievement plan shall be submitted Along with the District’s annual budget to DESE.1

Note:	1 The initial three-year Enhanced Student Achievement Plan must be submitted to DESE by July 1, 2022.

Date Adopted:  June 16, 2008
Last Revised:  June 20, 2022

5.29—WELLNESS POLICY

The health and physical well-being of students directly affects their ability to learn. Childhood obesity increases the incidence of adult diseases occurring in children and adolescents such as heart disease, high blood pressure and diabetes. The increased risk carries forward into their adulthood. Research indicates that a healthy diet and regular physical activity can help prevent obesity and the diseases resulting from it. It is understood that the eating habits and exercise patterns of students cannot be magically changed overnight, but at the same time, the Board of Directors believes it is necessary to strive to create a culture in our schools that consistently promotes good nutrition and physical activity. 

The problem of obesity and inactivity is a public health issue. The Board of Directors is keenly aware that it has taken years for this problem to reach its present level and will similarly take years to correct. The responsibility for addressing the problem lies not only with the schools and the Division of Elementary and Secondary Education (DESE), but with the community and its residents, organizations and agencies. Therefore, the District shall enlist the support of the larger community to find solutions that improve the health and physical activity of our students.

Wellness Committee
To enhance the district’s efforts to improve the health of our students, a School Nutrition and Physical Activity Advisory Committee (SNPAAC) shall be formed. It shall be structured in a way to ensure age-appropriate recommendations are made that correlate to the District’s grade configurations.1 The SNPAAC shall have the powers and responsibilities delegated to it by statute and Rule and are incorporated into this policy by reference.2 The overarching goal of the committee shall be to promote student wellness by monitoring how well the District is doing at implementing this policy. The SNPAAC shall use modules 1, 2, 3, 4, 10, and 11 of the Centers For Disease Control’ (CDC) School Health Index as a basis for annually assessing each school’s progress toward meeting the requirements of this policy. The results of the annual assessment shall be included in the school district’s support plan (SDSP), provided to each school’s principal, and reported to the board. Goals and objectives for nutrition and physical activity shall also be included in the SDSP.

The SNPAAC shall be made up of Individuals from the following groups to the extent interested persons from each group desire to be included in the development, implementation, and periodic review of the District's wellness policy:3
•	Members of the District’s Board of Directors;
•	School administrators;
•	School nutrition personnel;
•	Teacher organizations;
•	Teachers of physical education;
•	Parents;
•	Students;
•	Professional groups (such as nurses);
•	School health professionals (such as school nurses, school counselors, and social workers); and
•	Community members.

The SNPAAC shall provide written recommendations to the District’s Child Nutrition Director concerning menus and other foods sold in the school cafeteria. Such recommendations shall be based, at least in part, on the information the Committee receives from the District on the requirements and standards of the National School Lunch Program and from menus for the National School Lunch Program and other food sold in the school cafeteria on a quarterly basis.4

The SNPAAC will meet at least quarterly. Meeting dates for the SNPAAC will be placed on the District’s calendar.

School Health Coordinator
To assist the SNPAAC in ensuring that the District fulfills the requirements of this policy, a District level School Health Coordinator (Designated District Official) shall be appointed. In addition, a school level School Health Coordinator shall be appointed who shall be responsible for assisting the District level School Health Coordinator in ensuring that each school fulfills the requirements of this policy.5

Goals
In its efforts to improve the school nutrition environment, promote student health, and reduce childhood obesity, the District will adhere to the DESE Rules Governing Nutrition and Physical Activity Standards And Body Mass Index For Age Assessment Protocols. To promote nutrition, physical activity, and other school based activities that will improve student wellness, the District, working with the SNPAAC, has established the following goals:6
1.	Implement a grade appropriate nutrition education program that will develop an awareness of and appreciation for nutrition and physical activity throughout the curriculum; 
2.	Enforce existing physical education requirements and engage students in healthy levels of vigorous physical activity;
3.	Strive to improve the quality of physical education curricula and increase the training of physical education teachers;
4.	Follow the Arkansas Physical Education and Health Education Frameworks in grades K-12;
5.	Not use food or beverages as rewards for academic, classroom, or sports performances;
6.	Establish class schedules and bus routes that do not directly or indirectly restrict meal access;
7.	Provide students with ample time to eat their meals in pleasant cafeteria and dining areas;
8.	Abide by the current allowable food and beverage portion standards;
9.	Meet or exceed the more stringent of Arkansas’ or the U.S. Department of Agriculture’s (USDA) Nutrition Standards for reimbursable meals and a la’ carte foods served in the cafeteria;7
10.	Restrict access to competitive foods as required by law and Rule; 
11.	Conform new and/or renewed vending contracts to the content restrictions contained in the Rules and reduce district dependence on profits from the sale of competitive foods.
12.	Provide professional development to all district staff on the topics of nutrition and/or physical activity;8
13.	Utilize the School Health Index available from the CDC to assess how well the district is doing at implementing this wellness policy and at promoting a healthy environment for its students.

Food and Beverages Outside of the District’s Food Service Programs
The District will insure that drinking water is available without charge to all students throughout the school including, but not limited to, in the District’s food service areas.

All food and beverages sold to students on school campus during the school day by school administrators or school non-licensed or licensed staff (principals, coaches, teachers, club sponsors, etc.); students or student groups; parents or parent groups; or another person, company, or organization associated with the school shall meet the Federal Smart Snacks requirements and Arkansas Nutrition Standards at a minimum.9 These restrictions include, but are not limited to, food and beverages sold in vending venues (machines, ice chests, cabinets) in school stores or as part of school fundraisers.

All food and beverages provided , but not sold, to students on the school campus during the school day by school administrators or school non-licensed or licensed staff (principals, coaches, teachers, club sponsors, etc.); students or student groups; parents or parent groups; or another person, company, or organization associated with the school shall meet the Federal Smart Snacks requirements and Arkansas Nutrition Standards at a minimum.9 These restrictions include, but are not limited to, food and beverages provided in vending venues (machines, ice chests, cabinets) in school stores or as part of school fundraisers.

Up to a maximum of nine (9)10 times per school year, school administration may schedule school wide events where food and beverages provided to students are not required to meet the Federal Smart Snacks standards during the scheduled time. The schedule of the events shall be by school, approved by the principal, and shall be part of the annual school calendar.

Food and beverages outside of the District’s food service programs may not be sold, served, or provided to students in the District’s food service areas during meal times.

Elementary students shall not have in-school access to vending machines.

The District does not place nutrition restrictions on food or beverages brought from home that are intended for personal consumption only.9

Advertising
In accordance with the USDA regulations, oral, written, or graphic statements made for the purpose of promoting the sale of a food or beverage product that are made by the producer, manufacturer, seller, or any other entity with a commercial interest in the product shall only be permitted on school campus during the school day if they meet or exceed the Federal Smart Snacks standards.11 This restriction does not apply to:
•	Materials used for educational purposes in the classroom, including, but not limited to:
o	The use of advertisements as a media education tool; or 
o	Designing and implementing the health or nutrition curriculum;
•	Clothing, apparel,  or other personal items used by students and staff;
•	The packaging of products brought from home for personal consumption; and
•	Currently existing advertisements on school property, including but not limited to, the exterior of vending machines, posters, menu boards, coolers, trash cans, cups used for beverage dispensing , and other food service equipment; however, all future contracts and replacement items shall meet the Federal Smart Snacks standards.

Community Engagement
The District will work with the SNPAAC to:
a.	Encourage participation in extracurricular programs that support physical activity, such as walk-to-school programs, biking clubs, after-school walking etc.;
b.	Encourage the implementation of developmentally appropriate physical activity in after-school childcare programs for participating children;
c.	Promote the reduction of time youth spend engaged in sedentary activities such as watching television and playing video games; and
d.	Encourage the development of and participation in family-oriented community-based physical activity programs.

The District will annually inform the public:
o	Of the web address where the policy is located;
o	Of any changes made to this policy since the previous year;
o	Of the health and wellness priority goals in the District’s SDSP;
o	That a printed copy of the policy may be picked up at the District’s central office; and
o	The amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts.

Assessment of District’s Wellness Policy
At least once every three years12 with input from the SNPACC, the District shall assess both the District as a whole and individual schools' status in regards to the implementation and compliance of the goals of this policy, including the health and wellness goals in the District’s SDSP. The assessment shall be based, at least in part, on:
•	The extent to which District schools are in compliance with this policy;
•	The extent to which this policy compares to other model local school wellness policies; 
•	The annual reviews of this policy based on modules 1, 2, 3, 4, 10, and  11 of the CDC’s School Health Index; and
•	A description of the progress made in attaining the goals of this policy.

On the years the assessment occurs, the assessment results shall be reported to the public, including parents, students, and other members of the community as part of the District’s annual report to the public.

The District will update the wellness policy based on the results from the three (3) year12 assessment.

District Website
The District will place on its website:
•	The name, District phone number, and District email address for the District Level School Health Coordinator;
•	The names, district phone numbers, and district email addresses for the School Level School Health Coordinators;5
•	The names of the members of the SNPAAC;
•	Meeting dates for the SNPAAC;
•	Information on how community members may get involved with the SNPAAC;
•	A copy of this policy;
•	A copy of the annual review of this policy based on modules 1, 2, 3, 4, 10, and 11 of the CDC’s School Health Index; and
•	A copy of the most recent three (3) year12 assessment of this policy.

Notes:	First and foremost, remember that this policy is to be developed with input from the Wellness Committee (SNPAAC). There are very specific powers, duties, and responsibilities given to the committee.

Additional information on requirements and suggestions for local wellness policies are available from the USDA at http://healthymeals.nal.usda.gov/school-wellness-resources. Commissioner’s Memos CNU-17-010, CNU-17-013, and CNU-17-016 have several additional resources.

8.01.2 of the DESE Rules Governing Nutrition and Physical Activity Standards And Body Mass Index allows a school to serve or provide to students during the school day, outside of the meal period, a serving of food and beverages that complies with the Federal Smart Snacks requirements as demonstrated by using the Alliance for a Healthier Generation Smart Snacks Calculator, including a copy of the Smart Snacks Calculator product compliance screen and a copy of the nutrition fact label of the product. This is a local control issue and does not have to be included in the policy, but you should be aware that it is an option and is on the DESE Wellness Policy Review Checklist.

As part of the Federal review, districts will be required to provide records demonstrating compliance with the regulations that include, but are not limited to:
o	A copy of the wellness policy;
o	Documentation demonstrating compliance with community involvement requirements, including requirements to make the local school wellness policy and triennial assessments available to the public, which may include, but are not limited to: a copy of the district/school Web page where the local school wellness policy has been posted or a copy of the school newsletter/local newspaper;
o	Documentation of the three (3) year assessment for each school; and
o	Documentation to demonstrate compliance with the public notification requirements.

1 The Rules Governing Nutrition and Physical Activity allow three options for accomplishing this requirement:
1.	Establish a School Nutrition and Physical Activity Advisory Committee at each school in addition to the district committee;
2.	Establish subcommittees of the district Committee, representing the appropriate age and grade configurations for your district; or
3.	Include representatives from each appropriate grade level group (elementary, middle, junior and senior high) on the membership of the district committee.
Select the option you will use and rewrite the sentence to reflect your choice.

2 The statutory powers are codified at A.C.A. § 20-17-135(e)(1) and repeated in the Rules starting at 6.01. The powers delegated solely through the Rules can be found starting at 6.06.

3 The Healthy, Hunger-Free Kids Act of 2010 requires the groups listed in this paragraph to be permitted to participate (rather than "must"). There is no mention in the Act of limitations to the numbers of individuals included in each category for the policy's oversight, but some limitation to the overall size of this review team may be necessary for efficiency purposes. As part of the review process, districts will be required to demonstrate attempts were made to recruit individuals even if no one in that particular group agrees to participate.

4 This paragraph is intended to meet the requirements of A.C.A. § 6-20-709 and the ADE advises that WRITTEN documentation that this requirement has been met will be required during the administrative review of the child nutrition program.

5 While the new Federal terminology is "designated district official", the responsibilities remain the same; i.e. ensuring compliance with the Wellness Policy. Indistar refers to this position as “Wellness Chair”; we choose not to make the title of this individual the “Wellness Chair” because we believe that it should be up to the SNPAAC to select the member to be its chair rather than having it set in policy.

You are not required to appoint school level School Health Coordinators. If you choose not to appoint the school level school health coordinators, remove the sentence appointing them.

6 The goals included in this policy are those specifically required by rule. Additional goals should be listed upon the advice of the SNPAAC and the consent of the Board. The USDA requires that the final policy include specific measurable goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness. When setting the goals, districts are required to review and consider evidence-based strategies. At a minimum, districts are expected to review the “Smarter Lunchroom” tools and strategies; a copy may be found at http://www.fns.usda.gov/healthierschoolday/tools-schools under the “School Nutrition Improvement” heading.

7 The DESE uses Commissioner's Memos to inform districts of many wellness policy issues concerning nutrition in general, serving portion sizes, drinking water availability, etc. The SNPAAC should be kept abreast of such applicable Memos. You have the choice to exceed the state or federal requirements. If you choose to meet and not exceed those mandated by government, you should delete “or exceed” at the start of the sentence. Currently, some of the state’s requirements are more stringent than the federal requirements, but this could change. By mentioning both governments in the policy, you’ll still be covered. If you do choose to exceed existing requirements you will need to specify what they are in this policy.

8 The Rules require all staff to receive professional development, but, at this time, there is no provision for how much or what it is to consist of. DESE is currently in the process of creating professional development covering several nutrition and physical education areas that will be accessible through Arkansas IDEAS.

9 Foods and beverages sold or provided outside of the food service areas being required to meet the Federal Smart Snacks Standards is the minimum required by law. If you choose to exceed the minimum, you will need to include the standards that must be met in the policy.

10 Nine (9) is simply the maximum allowed by rule. You may insert a lower number if you choose.

11 This language is the minimum required by law. You have the option to be more restrictive on what level of nutritional value food and beverage advertisements must meet to be on school property. If you choose to be more restrictive, keep in mind that the First Amendment requires that the exceptions for educational uses; clothing, apparel, and other personal items; and packaging brought from home still be included.

12 The USDA refers to this as the “Triennial Assessment” and requires that the district’s wellness policy be assessed in depth at least once every three (3) years to determine the district’s progress on reaching the goals set in the policy. If you wish to assess the policy more regularly, replace this language with your desired timeline. The first of the in depth three (3) year assessments must be completed by no later than the end of the 2017-2018 school year.

Legal References:	Richard B. Russell National School Lunch Act 42 U.S.C. § 1751 et seq. as amended by PL 111-296 (Section 204) of 2010. (Section 204 is codified at 42 U.S.C. § 1758(b))
Child Nutrition Act of 1966 42 U.S.C. § 1771 et seq.
7 C.F.R. § 210.18
7 C.F.R. § 210.31
A.C.A. § 6-18-718
A.C.A. § 6-20-709
A.C.A. §§ 20-7-133, 134, and 135
DESE Rules Governing Nutrition and Physical Activity Standards And Body Mass Index For Age Assessment Protocols
Allowable Competitive Foods/Beverages - Maximum Portion Size List for Middle, Junior High, and High School
Commissioner’s Memo CNU-17-010
Commissioner’s Memo CNU-17-013
Commissioner’s Memo CNU-17-016
Nutrition Standards for Arkansas Public Schools 

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019