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08-05-19 BOT Agenda PacketThe Regular Meeting of the Board of Trustees will begin immediately following the conclusion of the Board of Trustees Workshop but not prior to the posted start time. Mission Statement Westlake Academy is an IB World School whose mission is to provide students with an internationally minded education of the highest quality so they are well-balanced and respectful life-long learners. Page 1 of 4 WESTLAKE ACADEMY Vision Statement Westlake Academy inspires college bound students to achieve their highest individual potential in a nurturing environment that fosters the traits found in the IB Learner Profile: Inquirers, Knowledgeable, Thinkers, Communicators, Principled, Open-Minded, Caring, Risk-takers, Balanced and Reflective BOARD OF TRUSTEES MEETING AGENDA August 5, 2019 1500 Solana Boulevard Building 7, Suite 7100 1st FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Meeting 5:00 p.m. Page 2 of 4 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS LISTED ON THE REGULAR MEETING AGENDA. 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Trustee requests that report be removed and considered separately. a. Report regarding the 2019-2020 School Year Theme. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the Parent Survey results for the 2018-2019 school year. b. Presentation and discussion regarding student performance on the STARR and EOC results. c. Presentation and discussion regarding the 2019 Westlake Academy (WA) student performance on International Baccalaureate (IB) and Advanced Placement (AP) assessments. d. Presentation and discussion regarding Faculty Turnover, student/teacher ratios for the 2018-2019 school year, including comparisons with surrounding districts and IB charter schools for the 2018-2019 school year. 6. BOARD RECAP / STAFF DIRECTION Regular Session will begin immediately following the work session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: President and Trustee Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Board of Trustees may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Board of Trustee events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Page 3 of 4 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on June 3, 2019. b. Consider approval of the minutes from the meeting on June 17, 2019. c. Consider approval of Resolution 19-10, Authorizing the Superintendent to Execute a Contract with the Education Service Center Region 11 for various Business and Student Support Services for the operation of Westlake Academy. d. Consider approval of Resolution 19-11, Amending and Adopting the Westlake Academy Personnel Manual for the 2019-2020 school year. e. Consider approval of Resolution 19-12, Awarding the bid for property/casualty insurance products and services to Box Insurance Agency for FY 2019-2020, and further authorize the Superintendent or designee to execute this agreement. f. Consider approval of Resolution 19-13, Updating the Memorandum of Understanding between the Board of Trustees and the Westlake Academy Foundation. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 19- 14, APPROVING THE AMENDED YEAR-END BUDGET FOR WESTLAKE ACADEMY FOR THE FISCAL YEAR ENDING AUGUST 31, 2019 AND ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING AUGUST 31, 2020. 6. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under “Future Agenda Item Requests”, an agenda item for a future Board meeting. The Board member making the request will contact the Superintendent with the requested item and the Superintendent will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item’s relationship to the Board’s strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Superintendent will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 4 of 4 7. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, on July 31, 2019, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Board of Trustees Item # 2 – Pledge of Allegiance Texas Pledge: “Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indivisible.” REVIEW OF CONSENT AGENDA ITEMS a. Consider approval of the minutes from the meeting on June 3, 2019. b. Consider approval of the minutes from the meeting on June 17, 2019. c. Consider approval of Resolution 19-10, Authorizing the Superintendent to Execute a Contract with the Education Service Center Region 11 for various Business and Student Support Services for the operation of Westlake Academy. d. Consider approval of Resolution 19-11, Amending and Adopting the Westlake Academy Personnel Manual for the 2019-2020 school year. e. Consider approval of Resolution 19-12, Awarding the bid for property/casualty insurance products and services to Box Insurance Agency for FY 2019-2020, and further authorize the Superintendent or designee to execute this agreement. f. Consider approval of Resolution 19-13, Updating the Memorandum of Understanding between the Board of Trustees and the Westlake Academy Foundation. Board of Trustees Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Trustee requests that report be removed and considered separately. a. Report regarding the 2019-2020 School Year Theme. Board of Trustees Item #4 – Reports estlake Academy Board of Trustees TYPE OF ACTION Workshop - Report Westlake Board Meeting Monday, August 05, 2019 TOPIC: Report Regarding the New School Year Theme and Focus STAFF CONTACT: Dr. Mechelle Bryson, Executive Director Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Academic Operations PYP / MYP / DP Increase the Capacity of Teachers & Staff Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 12, 2019 Completion Date: June 1, 2020 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The purpose of this report is to articulate the professional learning focus for the 2019-2020 academic school year. Professional learning is a critical component in creating the conditions and environment for student success. In doing so, it is vital that educators remain on the cutting edge of the future of education and instructional pedagogy. As such, the goal of professional development must be to train Academy teachers in the IB philosophy, theory and practice along with Visible Learning. These training opportunities foster teacher efficacy and furnish data to inspire meaningful change that transforms classrooms into 21st century learning environments. It is through the professional development of teachers that Westlake Academy becomes the best place for teachers to teach and for students to learn. RECOMMENDATION Seeking continued support of professional learning initiatives at Westlake Academy. ATTACHMENTS Report Attachment 1 MEMORANDUM DATE: August 5, 2019 TO: Honorable President and Board of Trustees Members THROUGH: Ms. Amanda DeGan, Town Manager/WA Superintendent FROM: Dr. Mechelle Bryson, Executive Director SUBJECT: 2019-2020 School Focus/Theme A culture of learning is a critical component of an educational institution. Creating a culture and environment that will act as the foundation for a learning organization begins with a commitment to learning at all levels of the organization. As Peter Senge writes, “a learning organization is an organization that is continually expanding its capacity to create its future.” He further asserts that in the act of learning, we are able to reinvent ourselves. During the past five years, Westlake Academy has placed a greater emphasis on organizational learning. Professional development has been streamlined to cultivate the Academy’s collective teacher efficacy. In learning together, the Academy has been able to create a shared vocabulary and to strengthen the pedagogical expertise of teachers serving the organization. In turn, this has improved the academic achievement of students. In addition, we have focused the Academy’s professional learning efforts on the IB framework with a special emphasis on Visible Learning’s alignment to the philosophical underpinnings of the IB’s standards and practices. This has created a sustained effort and continuity of learning that is often lacking in other school communities. As a result of building a culture of organizational learning, the Academy has reaped the following benefits: • Increased student achievement; • Increased teacher pedagogical expertise and a culture of shared craft knowledge; • Facilitation of continuous improvement mindset and improved efficiency and productivity; • Capacity building of leaders at all levels, which helps with succession planning; and • Increased collective teacher efficacy to embrace and adapt to change. There is no doubt that there is great work being done at Westlake Academy. We are, indeed, an exceptional school with great potential. Our quest to become the best place for teachers to teach and for students to learn is at the forefront of our preparation for the 2019-2020 school year. With that said, our theme for the new academic year is: IB for All: Building a Continuum of Excellence 2 Our new theme is designed to reconnect our staff to our commitment to IB for All. As an IB continuum school, all students are exposed to and experience a rigorous education grounded in the IB standards and practices. As such, students engage in learning experiences that construct and deconstruct knowledge, extend learning beyond the classroom walls and cultivate international mindedness through the IB learner profile. The Academy’s professional development is focused on improving the craft knowledge and skills of teachers. Our teachers will revisit the state standards, what we teach, and the IB standards and practices, how we teach, in order to prepare students to be the best versions of themselves. Teachers will also explore how the brain is evolving in this ever-changing era we live and, as a result, will enhance teaching, learning and the classroom environment for all. Throughout the year, we will continue to hone our instructional pedagogy and build our collective efficacy. In addition, the staff and I will continue to prepare for our IB site visit scheduled for March 4, 5, and 6, 2020. We began conducting our year-long self-assessment in January of 2019. Instead of having three separate re-authorization processes, as the Academy has done in the past, the Academy will participate in a continuum site visit in which all three programmes will be reviewed in tandem. Previous themes have explored best practices in inquiry, formative assessment, effective feedback, and data-driven dialogues to explore a teacher’s impact on student achievement. Our teachers have become experts in creating learning environments that foster student growth through authentic engagement. These themes have included: ⇒ FY 18/19 - Celebrate 15WA/50IB: A Legacy of Leading and Learning ⇒ FY 17/18 - I=E³: Inquiry is the Solution ... Engage ... Explore ... Empower! ⇒ FY 16/17 - Know Your Impact: Ignite … Innovate … Inspire ⇒ FY 15/16 - Dream … Create … Achieve: Building a Collective Legacy of Excellence ⇒ FY 14/15 - Reaching New Heights Together ... One School, One Community ⇒ FY 13/14 - Growing Together; One School, One Community ⇒ FY 12/13 - Holding to the Vision, Rising to the Challenge ⇒ FY 11/12 - Continued Excellence in the Face of Change Building the capacity of our teachers is our priority. As John Hattie of Visible Learning has asserted, the teacher is the strongest variable in student achievement. Knowing this, it becomes the duty and responsibility of the Westlake Academy’s administration team to build the instructional pedagogy of all teachers. In doing so, teachers have a higher probability to impact student achievement in positive and meaningful ways. This is the ultimate goal of professional development at Westlake Academy. As I have said before, we have an extraordinary opportunity to transform the very manner in which education is delivered to our students and, in doing so, lead other schools by our example. This is no small task, but it is firmly within our grasp. DISCUSSION ITEMS a. Presentation and discussion regarding the Parent Survey results for the 2018-2019 school year. b. Presentation and discussion regarding student performance on the STARR and EOC results. c. Presentation and discussion regarding the 2019 Westlake Academy (WA) student performance on International Baccalaureate (IB) and Advanced Placement (AP) assessments. d. Presentation and discussion regarding Faculty Turnover, student/teacher ratios for the 2018-2019 school year, including comparisons with surrounding districts and IB charter schools for the 2018-2019 school year. Board of Trustees Item # 5 – Discussion Items Page 1 of 1 estlake Academy Board of Trustees TYPE OF ACTION Workshop - Discussion Item Westlake Board Meeting Monday, August 05, 2019 TOPIC: Presentation and discussion of the Parent Survey results for the 2018-2019 school year. STAFF CONTACT: Amanda DeGan, Town Manager/Superintendent Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Citizen, Student & Stakeholder PYP / MYP / DP Increase Stakeholder Satisfaction Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: March 1, 2018 Completion Date: August 5, 2019 Funding Amount: $6,300 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In an effort to gather important feedback from our parents, the Board of Trustees has directed staff to conduct a bi-annual survey to help gauge our success on campus and offer our parents another avenue to communicate with the Board. The information is also useful to staff in our daily operations and during the budgetary review and school year planning processes. We have now completed seven survey rounds with ETC Institute: 2009, 2010, 2011, 2013, 2015, 2017, and 2019. We will have Chris Tathum from the ETC Institute at the workshop to present the current findings and explain the historical data to the Board. RECOMMENDATION Review and discussion of presentation material during workshop. ATTACHMENTS None – presentation provided at meeting. estlake Academy Board of Trustees TYPE OF ACTION Workshop - Discussion Item Westlake Board Meeting Monday, August 05, 2019 TOPIC: Presentation and discussion of the STAAR/EOC Results STAFF CONTACT: Jennifer Furnish, Secondary Assistant Principal Beckie Paquin, Primary Assistant Principal Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Academic Operations PYP / MYP / DP Increase the Future Readiness of All Students Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 8, 2018 Completion Date: June 3, 2019 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The purpose of this discussion item is to inform the Board of the 2018-2019 STAAR/EOC results and provide an opportunity for the governing body to gain an understanding of the status of Westlake Academy’s academic progress on state mandated assessments for grades 3 through 11. The ultimate aim is to disaggregate the data in order to measure the effectiveness of Westlake Academy’s curriculum and instructional alignment across all IB programmes. Analysis will be provided and areas of strength and weakness identified in order to build an organizational culture where stakeholders use data continuously, collaboratively and effectively to improve the academic performance of all students. RECOMMENDATION Review and discussion of the state assessment results and seeking board input. ATTACHMENTS To be presented at the meeting. estlake Academy Board of Trustees TYPE OF ACTION Workshop - Discussion Item Westlake Board Meeting Monday, August 05, 2019 TOPIC: Presentation and discussion concerning the 2019 Westlake Academy (WA) student performance on International Baccalaureate (IB) and Advanced Placement (AP) assessments. STAFF CONTACT: Stacy Stoyanoff, Secondary Principal Dr. James Owen, DP Coordinator Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Academic Operations MYP / DP Increase the Future Readiness of All Students Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 1, 2010 Completion Date: Ongoing Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This presentation will examine and discuss the 2019 student performance on IB and AP assessments. It will include data analysis in the context of IB global performance, AP global performance, and WA historical trends. RECOMMENDATION Review and discussion of the material and results. ATTACHMENTS To be presented at the meeting. Page 1 of 1 estlake Academy Board of Trustees TYPE OF ACTION Workshop - Discussion Item Westlake Board Meeting Monday, August 05, 2019 TOPIC: Presentation and discussion regarding Faculty Turnover, student/teacher ratios for the 2018-2019 school year, including comparisons with surrounding districts and IB charter schools for the 2018-2019 school year. STAFF CONTACT: Dr. Mechelle Bryson, Executive Director Todd Wood, Director of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence People, Facilities, & Technology PYP / MYP / DP Attract, Recruit & Retain the Highest Quality Workforce Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 1, 2018 Completion Date: August 1, 2019 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) At the direction of the Board of Trustees, staff prepares a report of teacher turnover and teacher/student ratios on an annual basis. This report provides a comparison to Independent School Districts located within Westlake’s municipal boundaries, charter schools in the DFW metroplex, and IB charter schools within the state of Texas. RECOMMENDATION Review and discussion of presentation material during workshop. ATTACHMENTS None – presentation provided at meeting. BOARD RECAP / STAFF DIRECTION Board of Trustees Item #6 – Board Recap / Staff Direction ITEMS OF COMMUNITY INTEREST: President and Trustee Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Board of Trustees may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Board of Trustee events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.  Coffee & Conversation with the Mayor/Board President Monday, August 5, 2019; 8:00 – 9:30 am Marriott Solana Hotel – Great Room -Thank you to the Marriott for providing complimentary coffee & tea each month!  Board of Trustees Work Session/Meeting Monday, August 5, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Town Council Work Session – Governance Retreat Wednesday, August 7, 2019; Noon – 5:00 pm* The Bowden, 1775 Keller Parkway, Keller 76248  Public Art Competition Advisory Committee Meeting Monday, August 12, 2019; 11:00 am* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Planning & Zoning Work Session/Meeting Monday, August 12, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  WA Secondary Years Back to School Night (Grades 6-12) Wednesday, August 14, 2019; 6:00 – 7:30 pm WA Campus- Gym  WA Primary Years Back to School Night (Grades K-5) Thursday, August 15, 2019; 6:00 – 7:30 pm WA Campus- Gym  Board of Trustees Hosts Back to School Breakfast for Westlake Academy/Shared Services Staff Friday, August 16, 2019; 8:00 am WA Campus – MPH  Westlake Academy First Day of School Monday, August 19, 2019  Town Council Meeting/Public Hearing (Re: Ad Valorem Tax Rate, if needed) Tuesday, August 20, 2019; 6:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Simply Westlake hosts “Neighbors Night Out” resident event at Marriott Solana – Poolside! Sunday, August 25, 2019; 3:00 – 6:00 pm Marriott Solana Pool (Enter through main entrance) -This family-fun Backyard Back-to-School Bash will include meats and eats, drinks, live music, swimming, & backyard games for Westlake families as we celebrate the last little bit of summer together! Bring your swimsuits & sunscreen but the hotel will provide towels, chairs, and umbrellas. Stop by for a few minutes or stay for the entire time but please RSVP to Connie by August 15 as reservations are requested. Board of Trustees Item # 2 – Items of Community Interest  Town Council Work Session/Meeting Monday, August 26, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Town Council Meeting/Public Hearing (Re: Ad Valorem Tax Rate, if needed) Wednesday, August 28, 2019; 6:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. CITIZEN COMMENTS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. Board of Trustees Item # 3 – Citizen Comments CONSENT AGENDA: All items listed below are considered routine by the Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on June 3, 2019. b. Consider approval of the minutes from the meeting on June 17, 2019. c. Consider approval of Resolution 19-10, Authorizing the Superintendent to Execute a Contract with the Education Service Center Region 11 for various Business and Student Support Services for the operation of Westlake Academy. d. Consider approval of Resolution 19-11, Amending and Adopting the Westlake Academy Personnel Manual for the 2019-2020 school year. e. Consider approval of Resolution 19-12, Awarding the bid for property/casualty insurance products and services to Box Insurance Agency for FY 2019-2020, and further authorize the Superintendent or designee to execute this agreement. f. Consider approval of Resolution 19-13, Updating the Memorandum of Understanding between the Board of Trustees and the Westlake Academy Foundation. Board of Trustees Item # 4 – Consent Agenda BOT Minutes 06/03/19 Page 1 of 4 WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING June 3, 2019 PRESENT: President Laura Wheat, Trustees: Alesa Belvedere, Michael Barrett, Greg Goble, and Carol Langdon. ABSENT: Rick Rennhack OTHERS PRESENT: Superintendent Amanda DeGan, Board Secretary Kelly Edwards, Dr. Mechelle Bryson, PYP Principal Rod Harding, PYP Assistant Principal Beckie Paquin, Secondary Principal Stacy Stoyanoff, Secondary Assistant Principal Jennifer Furnish, Account Clerk Marlene Rutledge, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Finance Director Debbie Piper, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Human Resources and Administrative Services Todd Wood, Director of Facilities & Public Works Troy Meyer, Court Administrator Jeanie Roumell, and WA Foundation Executive Director Dr. Shelly Myers. Work Session 1. CALL TO ORDER President Wheat called the work session to order at 2:05 p.m. 2. PLEDGE OF ALLEGIANCE President Wheat led the Pledge of Allegiance to the United States and Texas flags. BOT Minutes 06/03/19 Page 2 of 4 3. RECOGNIZE THE BASEBALL TEAM Coach Burt introduced Baseball Coach Muller and he provided an overview of the season. 4. REVIEW OF CONSENT AGENDA ITEMS LISTED ON THE REGULAR MEETING AGENDA. No additional discussion. 5. REPORTS a. Report on the Westlake Academy Class of 2019 college acceptance data and trends. 6. DISCUSSION ITEMS a. Presentation and discussion regarding the annual update from the House of Commons (HOC). Ms. Jennifer Probst and Ms. Netta Darnule provided a presentation and overview of the 2018-2018 and future events. Discussion ensued regarding the resale shop, spirit shop, offering pop-up sales at town events, and mobile trailer. b. Presentation and discussion regarding the annual update from the Westlake Academy Athletic Club (WAAC). Mr. Cawthra provided a presentation and overview of the 2018-2019 school year. c. Presentation and discussion regarding the annual update from the Westlake Academy Foundation (WAF). Dr. Myers provided a handout with an overview of the initiatives to date. Discussion ensued regarding the amount raised on Giving Day, opportunities to involve Alumni, percentage of participation, survey to non-donors, and fees assessed using the Giving Day platform. 7. BOARD RECAP / STAFF DIRECTION No additional direction provided. BOT Minutes 06/03/19 Page 3 of 4 8. ADJOURNMENT President Wheat adjourned the work session at 3:07 p.m. Regular Session 1. CALL TO ORDER President Wheat called the regular session to order at 3:17 p.m. 2. ITEMS OF COMMUNITY INTEREST Ms. Awtry provided an overview of the past events and the number of attendees. 3. CITIZEN COMMENTS No one addressed the Board. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on May 6, 2019. b. Consider approval of the minutes from the meeting on May 20, 2019. c. Consider approval of Resolution 19-08, Westlake Academy to renew participation with the ESC Region 11 Benefits Cooperative for the 2019-2020 school year. MOTION: Trustee Langdon made a motion to approve the consent agenda. Trustee Barrett seconded the motion. The motion carried by a vote of 4-0. 5. FUTURE AGENDA ITEMS No future agenda items. BOT Minutes 06/03/19 Page 4 of 4 6. ADJOURNMENT There being no further business before the Board, President Wheat asked for a motion to adjourn the meeting. MOTION: Trustee Belvedere made a motion to adjourn the regular session. Trustee Goble seconded the motion. The motion carried by a vote of 4-0. President Wheat adjourned the regular session at 3:30 p.m. APPROVED BY THE BOARD OF TRUSTEES ON AUGUST 5, 2019. ATTEST: ____________________________ Laura Wheat, President _____________________________ Kelly Edwards, Board Secretary BOT Minutes 06/17/19 Page 1 of 2 WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING June 17, 2019 PRESENT: President Laura Wheat, Trustees: Alesa Belvedere, Greg Goble, Carol Langdon, and Rick Rennhack. ABSENT: Michael Barrett OTHERS PRESENT: Superintendent Amanda DeGan, Board Secretary Kelly Edwards, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, and Director of Facilities & Public Works Troy Meyer. Regular Session 1. CALL TO ORDER President Wheat called the regular session to order at 9:18 p.m. 2. DISCUSSION AND CONSIDERATION OF RESOLUTION 19-09, AUTHORIZING THE SUPERINTENDENT TO EXECUTE AN AGREEMENT WITH BBVA COMPASS BANK, WHO WILL PROVIDE IMPLEMENTATION AND ACCOUNT MAINTENANCE SERVICES FOR THEIR COMMERCIAL CREDIT CARD PROGRAM FOR WESTLAKE ACADEMY. MOTION: Trustee Rennhack made a motion to approve the consent agenda. Trustee Goble seconded the motion. The motion carried by a vote of 4-0. BOT Minutes 06/17/19 Page 2 of 2 3. ADJOURNMENT There being no further business before the Board, President Wheat asked for a motion to adjourn the meeting. MOTION: Trustee Belvedere made a motion to adjourn the regular session. Trustee Langdon seconded the motion. The motion carried by a vote of 4-0. President Wheat adjourned the regular session at 9:19 p.m. APPROVED BY THE BOARD OF TRUSTEES ON AUGUST 5, 2019. ATTEST: ____________________________ Laura Wheat, President _____________________________ Kelly Edwards, Board Secretary Page 1 of 2 estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Consent Westlake Board Meeting Monday, August 05, 2019 TOPIC: Approval of a Resolution Authorizing the Superintendent to Execute a Contract with the Education Service Center Region 11 for various Business and Student Support Services for the operation of Westlake Academy. STAFF CONTACT: Debbie Piper, Finance Director Marlene Rutledge, Accounting Technician II Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Fiscal Stewardship PYP / MYP / DP Improve Financial Stewardship Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: September 1, 2019 Completion Date: August 31, 2020 Funding Amount: $48,130 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Education Service Center Region 11 currently provides support to Westlake Academy for business and student services. This includes training sessions for faculty and staff at discounted rates, compliance training for public education rules and regulations, access to the Technology Page 2 of 2 Resources Education Consortium, as well as software applications and support. These software applications include: payroll, student attendance and registration, special education, grade book, health services, PEIMS, and off-site hosting of the Academy’s information systems. Approval of this resolution authorizes use of those services by Westlake Academy over the next twelve (12) month, fiscal year period beginning September 1, 2019 and ending August 31, 2020. RECOMMENDATION Staff Recommends approval of the resolution authorizing the Superintendent to Execute a Contract with the Education Service Center Region 11 for various Business and Student Support Services for the operation of Westlake Academy. ATTACHMENTS Resolution Contract Summary Report Contract Summary for: • Master Interlocal Agreement (MIA) • Comprehensive Services Basic Contract • Business Services • Management Information Systems Software & Support Service (TxEIS Student and Business) • Technology Resources Education Consortium (TREC) • TSDS (PEIMS, student GPS, Dashboard, TIMS, UID, ECDS) • TxEIS Service Fees (Co-op Fee, Hosting Fee, Extracts) Resolution WA 19-10 Page 1 of 2 WESTLAKE ACADEMY RESOLUTION NO. 19-10 A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY AUTHORIZING THE SUPERINTENDENT TO ENTER INTO A CONTRACT WITH THE EDUCATION SERVICE CENTER REGION 11 FOR VARIOUS BUSINESS AND STUDENT SUPPORT SERVICES FOR THE OPERATION OF WESTLAKE ACADEMY. WHEREAS, the Westlake Academy has utilized the business and student services of the Education Service Center Region 11, which is responsible for providing training for faculty and staff, providing compliance training for public education rules and regulations, performing the payroll functions in full compliance with the Texas Education Agency (TEA) Financial Accountability System Resource Guide, as well as offering software and information technology training and hosting services to Westlake Academy; and, WHEREAS, additional personnel costs for the Academy would have a greater impact to the Academy’s operating budget than utilizing these contracted services offered by the Education Service Center Region 11, and the quality of these services has been exceptional; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY, TEXAS: SECTION 1: The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2: The Board of Trustees of the Westlake Academy hereby approves the contract with the Education Service Center Region 11 functions at Westlake Academy attached hereto as Exhibit “A”; and further authorizes the Superintendent to execute this agreement. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Board hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 19-10 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY, A CHARTER SCHOOL OF THE STATE OF TEXAS, ON THE 5th DAY OF AUGUST 2019. ___________________________________ Laura Wheat, President ATTEST: ________________________________ Kelly Edwards, Board Secretary APPROVED AS TO FORM: ________________________________ L. Stanton Lowry or Janet S. Bubert, School Attorney WESTLAKE ACADEMY CHARTER SCHOOL Contract Summary Report Last Year Enrollment: 879 TotalContractLock Date Enroll Start Enroll End $22,500.0005/23/2019Business Services 09/01/2019 08/31/2020 $650.0005/15/2019Comprehensive Services Basic Contract 09/01/2019 08/31/2020 $16,100.0005/23/2019Management Information Systems Software & Support Service (TxEIS Student and Business) 09/01/2019 08/31/2020 $2,300.0005/23/2019Technology Resources Education Consortium (TREC) 09/01/2019 08/31/2020 $2,750.0005/23/2019TSDS (PEIMS, studentGPS Dashboard,TIMS, UID,ECDS) 09/01/2019 08/31/2020 $3,830.0005/14/2019TxEIS Service Fees (Co-op Fee, Hosting Fee, Extracts) 09/01/2019 08/31/2020 Print Date: 5/23/2019 $ 48,130.00 Res WA 19-10 Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. ____________________________________ __________________________________ Signature of Board President or Designee Date Approved by Board of Trustees ____________________________________ __________________________________ Signature of Superintendent or Designee Date ____________________________________ __________________________________ Designated District Contact E-mail of District Contact Please fax or e-mail to: For additional information, contact: Education Service Center Region 11 Dr. Clyde W. Steelman, Jr. Atten: Dr. Clyde W. Steelman, Jr.(817) 740-3630 1451 S. Cherry Lane clydes@esc11.net White Settlement, Texas 76108 Fax (817) 740-7675 __________________________________ clydes@esc11.net ESC Region 11 Executive Director Signature Print Date: 5/23/2019 Res WA 19-10 This Master Interlocal Agreement (“Agreement”) is made by and between Education Service Center Region 11 (“ESC Region 11”) and (“Local Government”), (collectively referred to as the “Parties” or individually as the “Party”) acting herein by and through their respectively authorized officers or employees PREMISES WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments to contract with each other to provide governmental functions and services; and WHEREAS, The Parties wish to enter into this Agreement to provide local governments with greater efficiencyand economy in purchasing products and services; and WHEREAS, the governing bodies of the Parties, individually and together , do hereby adopt and findthe foregoing promises as findings of said governing bodies; an NOW THEREFORE, premises considered, and in consideration of and conditioned upon the mutual covenants and agreements, herein, the Parties hereto mutually agree as follows: AGREEMENT 1. Term: This Agreement is effective from the date of the last signature and shall automatically renew annually unless either party gives sixty (60) days prior written notice of non-renewal. 2. Purpose: This Agreement shall: (1) Allow the Local Government to purchase products or services by purchase order, contract, agreement, or other appropriate legal method from ESC Region 11; and (2) Allow the Local Government to join ESC Region 11-sponsored purchasing cooperatives in order to purchase products or services from vendors which have been properly awarded contracts through statutorily authorized methods. 3. Relationship: The relationship between the Parties is that of Independent Contractor. Neither Party has the authority to bind the other in any manner.. The Local Government may be required to enter into subsequent contractual arrangements with ESC Region 11 for specific products or services 4. Agreement and Interpretation: The Parties covenant and agree that any litigation relating to this agreement, the terms, and conditions of the agreement will be interpreted according to the laws of the State of Texas and venue shall be exclusively in Tarrant County, Texas. 5.Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Master Interlocal Agreement (MIA) ESC Region 11 1451 S. Cherry Lane White Settlement, Texas 76108 Attn: Cynthia Daniels ESC Region 11 Authorized Representative Signature Date ESC Region 11 Authorized Representative Title Local Government Name of Local Government Address of Local Government Contact Name and Telephone Number Board President Signature Date Board Approval Date County/District # (if applicable) Westlake Academy Charter School 2600 JT Ottinger Rd, Westlake, TX 76262 billing address: 1500 Solana Blvd Bldg 7 Ste 7200 Westlake TX 76262 Marlene Rutledge (817) 490-5737 220-810 Res WA 19-10 Comprehensive Services Basic Contract 2019-2020 School districts that purchase the Comprehensive Services Basic Contract will will receive services in the following areas: Services Included in the Basic Contract Technical Assistance • Communication and dialogue with school district personnel on pertinent state and federal legislation • Information dissemination of rules, regulations, standards, and other legislative and agency mandates • Technical assistance regarding performance-based monitoring and accountability activities • Telephone technical assistance • Annual report of ESC Region 11 workshops attended by district staff Meetings • TASA Study Group meetings — 7 face-to-face meetings — TASA Midwinter Breakfast meeting • Superintendents’ Fall Conference • Superintendent cluster meetings (quarterly) • Technology Directors meetings — 4 face-to-face meetings • Instructional Leaders meetings — 4 face-to-face meetings Prerequisite for Other Services • This contract is a required prerequisite for other ESC Region 11 contracts. ESC Region 11 Contact Executive Director (817) 740-3630 Note: Due to various factors, including the volume of participation from districts, contract negotiations for products and services being purchased and delivered within this contract, possible funding changes for districts or ESC Region 11, and other factors, this contract is offere in good faith but does not become binding until September 1, 2018, on either the district or ESC Region 11. This contract is contingent upon the continued availability of appropriations and is subject to cancellation by either party upon thirty (30) days’ written notice to the other party. Payment for valid fees or charges rendered by the ESC Region 11 prior to written notice of termination shall be due to ESC Region 11. Early acceptance of this contract is necessary so that ESC Region 11 can plan and prepare to deliver these services. An alternative contract may be offere if this contract cannot be delivered as stated. Res WA 19-10 Comprehensive Services Basic Contract Price List — 2019-2020 School Type Annual Cost Public Districts $650 Non-Public Schools $800 Res WA 19-10 1 The Business Center Handbook 2019-2020 Res WA 19-10 2 The Business Center Handbook The Business Center at Education Service Center Region 11 utilizes a business model that streamlines and facilitates sound business procedure and practice. The following handbook outlines the services provided and the forms and procedures that must be followed by school districts, charter schools, and business center personnel. Our ultimate goal at ESC Region XI is to establish and maintain a business system for our clients that can be followed and maintained at a high level, regardless of changes in personnel. Services Under the Basic Services Package, the ESC Region 11 Business Center processes finance and payroll transactions as described below. This means, simply, that we process data exactly as the school district/charter school submits it, concerning payroll or finance. The Business Services Center does not act as the business manager or chief financial officer for the school district/charter school. The accuracy of the coding, payroll amounts, payroll deductions, federal fund NOGA requirement compliance, and finance check amount is the sole responsibility of the school district/charter school. ESC Region 11, however, will make every effort to advise the school district/ charter school in the event that we discover an error; Under the Full Service Package, ESC Region 11 will now offer additional finance and payroll assistance and training in regards to budgeting and Summary of Finance. In addition, Business Manager services are available upon request for additional fees. Please submit the appropriate form provided in Appendix A: Budget Processing The school district/charter school can input the preliminary budget on site. This requires setup and access in the finance software. The service center provides training, for a nominal fee, to school district/ charter school personnel who are not familiar with the system. It is the fastest and most efficient method of entry. In the event that the school district/charter school does not have the capability or does not wish to input its preliminary budget on site, the preliminary budget can be submitted to the Business Center for data entry by adhering to the following procedures: • Submit the data on the budget form provided with complete coding and amounts. • Include both revenue and expenditure amounts for all funds that you wish entered. • Submit data in order by fund/function/object code. Submit no later than three (3) business days after Board approval of new budget. Budget Processing The Business Center will: • Provide data entry upon request. • Provide any preliminary budget or budget reports that the school district/charter school requests (Report Types are Line Item, By Fund/Function, By Fund/Object Code, By Fund/Organization, or By Fund/Program Intent.) • Make budgets available in next year finance within five (5) business days following receipt of notification of approval by school district/charter school board. • Post all fiscal year budget amendments. Finance District/Charter Responsibility ESC Region 11 Business Center Responsibility Res WA 19-10 3 District/Charter Responsibility ESC Region 11 Business Center Responsibility Finance Cash Receipt Processing For local funds and federal funds not paid through the Texas Education Agency (TEA), school districts/ charter schools must submit cash receipt data utilizing the Business Center “Cash Receipts Voucher Form” during the month that the revenue is received. Submit no later than three (3) business days after the date of deposit. Purchase Order and Vendor Payment Processing School districts/charter schools may submit requisitions and create purchase orders utilizing the Purchasing package of the finance software for an additional fee. Note: This is not practical if the school district/ charter school issues a small number of monthly checks to vendors. This creates an encumbrance and later purchase order with correct coding to the general ledger. The ESC provides training, for a nominal fee, to district/charter school personnel who are not familiar with the system. School districts/charter schools not utilizing the Purchasing system must submit to the Business Center a Requisition Purchase Order Form with complete coding, vendor information, P.O. number, and amounts. • School districts/charter schools may submit payment authorization requests utilizing the Business Center “Payment Authorization Form” with complete coding, vendor information, and amounts. • Vendor additions and vendor information changes must be submitted utilizing the Business Center “New Vendor/Payee Form.” W-9 forms are the sole responsibility of the school district/charter school. • Allow three (3) business days for processing. Cash Receipt Processing The Business Center will: • Post all funds listed on the Texas Education Agency (TEA) payment report to the general ledger in the month that payment is received. • Post all local funds and any other grant funds not paid through TEA to the general ledger based on data submitted by the school district/charter school on the “Cash Receipts Voucher Form.” • Draw down Federal and State Grant funds through Texas Education Agency TEASE Web site monthly so that they will be posted to the TEA payment report (if requested). • Reconcile cash receipts to the bank statement monthly • Provide the school district/charter school with a monthly cash receipt journal. • Allow three (3) business days for processing. Purchase Order and Vendor Payment Processing • Process and enter payment authorizations and purchase order forms into the general ledger for payment. • Provide outstanding purchase order reports to school districts/charter schools (if applicable). • Allow three (3) business days for processing. Res WA 19-10 4 District/Charter Responsibility ESC Region 11 Business Center Responsibility Finance Finance Check Processing • Submit a copy of the invoice marked “OK to Pay,” which includes the purchase order number if applicable. • If utilizing a payment authorization, submit the Business Center “Payment Authorization Form.” • Allow three (3) business days from date of request. General Ledger and Year-End Processing/Maintenance • Submit all budget amendments utilizing the Business Center “Budget Amendment/Adjustment Form,” complete with coding and amounts. • Submit all journal entries utilizing the Business Center “Journal Voucher Form,” complete with proper coding, amounts, and a valid reason for the change. • Submit audit adjustments and opening entries as provided by school district/charter school auditor. • Allow three (3) business days for processing. Year End (Fiscal/Calendar) Processing • Maintain W-9 documentation. • Provide list or vendors receiving 1099 if not system generated. Pre-Audit Preparation • Request data files for auditor. • Request finance reports for auditors. • Allow a minimum of five (5) business days for processing and receipt. • Contact auditors to determine schedule an notify ESC Region 11. Finance Check Processing • Post finance checks to the general ledger. • Print and return finance checks to the school district/charter school for distribution. • Provide a check register with checks to the school district/charter school. • Sign checks (if signatures are provided). • Bank reconciliation to the general ledger monthly and reported to the school district/charter school. • Allow three (3) business days from date of request. General Ledger and Year-End Processing/Maintenance • Post all journal entries. • Insure that all funds are in balance in the general ledger monthly prior to closing. • Close individual school district/charter school files monthly. • Enter audit adjustments and opening entries. • Provide end-of-month reports to school districts/ charter schools in accordance with prior established time lines for board meetings. • Allow three (3) business days for processing. Year End (Fiscal/Calendar) Processing • Prepare 1099s at calendar year end and distribute to school districts/charter schools prior to January 31st. • Close out the fiscal year in the finance software. • Provide year-end reports to school districts/ charter schools. • Provide quarterly summary W-9 reports. Pre-Audit Preparation • Create data files and reports for the auditor. • Distribute data files and reports as requested to school districts/charter schools. • Allow a minimum of five (5) business days for processing and receipt. Res WA 19-10 5 District/Charter Responsibility ESC Region 11 Business Center Responsibility Finance PEIMS Submission • Information is submitted to TEA by the school district/charter school (if the district/charter does not contract for PEIMS services through ESC Region 11). • Review PEIMS data prior to transmission. • Submit final approval of PEIMS data to TEA. PEIMS Submission • Extract budget and personnel data for fall PEIMS report. • Extract audited fiscal finance data for mid-year PEIMS report. • Reconcile audit and adjustments to the PEIMS data. • Information is submitted to TEA (for Region XI districts/charters). District/Charter Responsibility ESC Region 11 Business Center Responsibility Payroll Payroll Check Processing • Submit demographic data on new hires, new subs, and any changes such as address or last name. • Gather substitute teacher information and absence data and submit to ESC Region 11 by fax or email five (5) business days prior to scheduled EFT/ payroll check processing date. • Provide any changes in payroll amounts for distributions or deductions on the “Payroll Change Form” five (5) business days prior to scheduled EFT/payroll check processing date. • Submit supplemental, hourly, or stipend pay data for the pay period five (5) business days prior to scheduled EFT/payroll check processing date. • Submit any W-4 status change notices from employees. • Sign payroll and deduction checks, if applicable, and distribute. • Insure cash is available at the bank for payroll expenses. Deduction Processing Information • Provide employee voluntary deduction information immediately following open enrollment or date of hire. • Provide deduction changes monthly (five business days prior to EFT/payroll check processing due date) after first notifying Third Party Administrator* of deduction change. • Provide ESC Region 11 with TRS Active Care bill as soon as it is available. Payroll The Business Center offers reliable, efficient, and cost-effective payroll services whereby we track and process your payroll and tax payments. As a part of this process, The Business Center performs the following payroll functions: Payroll Check Processing • Data enter employee information into payroll system, including payroll and employee leave transactions. • Run payroll calculations. • Print payroll checks. • Prepare and submit electronic funds transfer file to bank. • Checks and reports mailed to school. • Sign payroll and deduction checks (if signatures are provided). • Interface monthly payroll to finance. • Submit monthly payroll taxes through EFTPs. • Process supplemental payroll as required. Note: Additional supplemental payrolls will be billed according to the Business Center Contract Price List for current school year. Deduction Processing Information • Maintain employee deduction information in TxEIS. • Print payroll deduction checks. • Balance deduction reports. *For school districts/charter schools using Financial Benefit Services, please instruct employees to enroll for deductions online within 30 days of open enrollment (or hire date for new employees). Res WA 19-10 6 Payroll Reporting • Copy of the Basic Claim filed for prior month for Child Nutrition to ESC – due 1st of each month. • Provide copy of social security card for name changes for timely reporting of change to TRS. PEIMS Reporting • Information is submitted to TEA by the school district/charter school (if the district/charter does not contract for PEIMS services through ESC Region 11). • Submit final approval of PEIMS data to TEA. Year-End Processing • Provide ESC Region 11 with payroll information for the following school year beginning in February of each year. This will include employee terminations, new hires, distribution changes, retirees, etc., to allow timely data entry for Next Year Payroll files. • Distribute W-2s to employees. District/Charter Responsibility ESC Region 11 Business Center Responsibility Payroll Payroll Reporting • Prepare and submit monthly TRS reports utilizing TRAQS. • Submit wire for TRS utilizing TexNet. • Prepare and submit quarterly TWC and Unemployment reports through TASB/TWC Web site. • Prepare 941 reports and submit utilizing Telefile. • Perform and maintain all file backups. PEIMS Reporting • Verify payroll-related data for Fall PEIMS Submission. • Verify payroll related data for Summer Submission. • Submission of Fall PEIMS file. Year-End Processing • Enter and maintain information in Next Year Payroll files beginning in February of each year. • Interface Next Year Payroll salary and benefit information into the Budget system when requested by school. • Balance, prepare, and print W-2s at calendar year end. • Process the August accrual job, when applicable. Base Pricing To view base pricing information, see Business Center Contract Price List. Other Services Available at an Additional Fee Business Manager Services • Includes on-site visits to train, assist and/or code purchase orders, budget amendments, and journal vouchers. • Monitor compliance with special programs and federal and state grants. • Monitor trial balances of all funds. • Build and provide budget reports on-site. • Review/assist with payroll coding of employees. • Hourly rate or extended contract for services available upon request. For more information, contact Brandilyn DePalma, Director of Business Services, at (817) 740-3637 or bdepalma@esc11.net. Business Center e-mail: businesscenter@esc11.netRes WA 19-10 7 Business Center Contract Price List — 2019-2020 Other Business Center Charges New Client Fee: A new client conversion fee will be charged after initial analysis of prospective client’s current fi ance, accounting, and payroll data. Requisition Module Fee: ISDs/Charters using the TxEIS requisition module will be charged an annual fee of $580 plus $20 per user. Bank Account Reconciliation Services: ISDs/Charters contracting for bank reconciliation service only will be charged $250 per month for the first bank account, $50 per month for each additional account Supplemental Payroll Fee: ISDs/Charters contracting for payroll services will be charged $60 plus an overtime rate of $50 per hour for each supplemental payroll. TxEIS Software Charges The following charges will be billed through Management Information System Department contracts: • New Client database creation charge, Hosting Fee, and a one-time SQL license fee (must complete “TxEIS Service Fees” Contract) • TxEIS License and support fees (must complete “Management Information Services Software and Support” Contract) Business Center Cancellation policy: • Either party has a right to cancel with a 30-day notice subject to the 25% non-refundable amount as described below. A letter of intent to contract for services must be signed (or online contract must be submitted and accepted) prior to work beginning for the new year. • 25% of the total contract amount is non-refundable once any service has begun. This includes, but is not limited to, beginning the set up of payroll information or budget information. • Refunds will be determined by monthly proration. The monthly proration will be calculated by subtracting the 25% non- refundable amount and any TxEIS fees incurred from the contract amount then dividing the remaining contract amount by the number of months of the contract to come up with a per-month amount. Once a transaction has been posted to a month by the ESC Region Business Center, the total month’s proration is earned by the ESC Region II Business Center. • Any amount due to the client or the ESC Region Business Center is due within 30 days after the effective date of cancellation. Business Center Pricing Service ADA <600 600-1,199 1,200-1,799 1,800-2,399 Finance Support Services $17,000 $20,500 $22,500 $24,500 Payroll Support Services $20,000 $22,500 $25,000 $27,500 Basic Finance and Payroll Support $30,000 $35,500 $40,000 $45,000 Full-Service Finance and Payroll $33,000 $38,950 $45,950 $54,000 Monthly Bank Reconciliation Services $3,000 $3,000 $3,000 $3,000 Res WA 19-10 8 (please print on ISD/Charter letterhead) Letter of Intent to Contract with ESC Region 11 Business Center It is our intent to contract with ESC Region 11 Business Center for the period beginning ___________through __________for [(payroll only), (financeonly), (both payroll and finance),or (bank reconciliation only)] (circle one). By signing this contract we understand: (1) If a contract is not in place for the service period, a letter of intent to contract must be signed prior to work beginning for the new-year. (2) We are authorizing ESC Region 11 to begin payroll and/or finance services for the contract period mentioned above. (3) 25% of the total contract amount (see Business Center Contract Price List) is non-refundable once any service has begun. (4) Failure to execute this letter of intent in a timely manner may jeopardize timely delivery of service for the beginning of our school or fiscal yea . (5) We are agreeing to the cancellation policy described below: Business Center Cancellation policy: • Either party has a right to cancel with a 30-day notice subject to the 25% non-refundable amount as described below. • 25% of the total contract amount is non-refundable once any service has begun. This includes, but is not limited to, beginning the setup of payroll information or budget information. • Refunds will be determined by monthly proration. The monthly proration will be calculated by subtracting the 25% non-refundable amount and any TxEIS fees incurred from the contract amount then dividing the remaining contract amount by the number of months of the contract to come up with a per-month amount. Once a transaction has been posted to a month by the ESC Region 11 Business Center, the total month’s proration is earned by the ESC Region 11 Business Center. Any amount due to the client or the ESC Region 11 Business Center is due within 30 days after the effective date of cancellation. ISD/Charter Education Service Center Region 11 Superintendent or Director Date Executive Director Date Date Received by ESC Region 11 Res WA 19-10 Management Information Systems Software & Support Service Contract (TxEIS Business and Student) 2019-2020 The TxEIS Business and Student sofware is web-based, fully integrated, and supports the operational and reporting requirements of Texas districts, charter schools, private schools, and education service centers. The Management Information Systems Department off rs the following services and discounts to districts that sign the MIS Software & Support Service Contract for TxEIS Business and Student: TxEIS Business System The TxEIS Business software is a state-of-the-art school administrative software system. It is supported by ESC 11 MIS specialists and staff. Business Applications: • Accounts Receivable • Asset Management • Bank Reconciliation • Budget • District Administration • Document Attachments • Employee Access • Finance • Human Resources • Purchasing • State Reporting • Warehouse Services Included at No Additional Charge • Hands-on training and implementation with first year installatio • On-site visits as needed the first year of installatio • Unlimited telephone consultation • Review workshops and webinars throughout the school year • Workdays • Up to three on-site visits per year (in region); one on-site visit per year (out of region) Note: Due to various factors, including the volume of participation from districts, contract negotiations for products and services being purchased and delivered within this contract, possible funding changes for districts or ESC Region 11, and other factors, this contract is offeredin good faith but does not become binding until September 1, 2019, on either the district or ESC Region 11. This contract is contingent upon the continued availability of appropriations and is subject to cancellation by either party upon thirty (30) days’ written notice to the other party. Payment for valid fees or charges rendered by the ESC Region 11 prior to written notice of termination shall be due to ESC Region 11. Early acceptance of this contract is necessary so that ESC Region 11 can plan and prepare to deliver these services. An alternative contract may be offered if this contract cannot be delivered as stated Res WA 19-10 • Zoom sessions for new personnel • Backups on and off sit Services Included at a Reduced Fee • Retraining for new personnel will be billed at: o Walk-in One-on-One - $75 per hour, $450 maximum per day o On-Site One-on-One - $95 per hour, $570 maximum per day o Zoom sessions for new personnel that exceed 2 hours - $55 per hour • On-Site System Operation provides districts with hands-on operation of the TxEIS Business System to fillin for district personnel who are out unexpectedly. On-Site System Operation will be billed at $95 per hour with a minimum of $285 and a maximum of $570 per day per person. *Note: A purchase order is required for all extra services. District Responsibilities • Perform all data entry necessary to establish data files and operate the systems on a routine basis • Perform, maintain, and verify all file backups, as instructed • Allow staff to attend all training sessions provided by ESC Region 1. • Allow staff to attend all scheduled meetings at ESC Region 11 concerning updates and enhancements to the systems. • Each school district shall designate a person to function as District Coordinator(s). TxEIS Student System The TxEIS Student Software is a web-based student package specifically designed to meet the needs of Texas school operations. It is supported by ESC Region 11 MIS specialists and staff Student Applications: • Attendance • Attendance Letter System • Document Storage • Discipline • Exports (Enrollment Tracking, TREx, Unique ID, Cafeteria, FitnessGram, STAAR/TAKS Precoding) • Grade Reporting • Graduation Plan • Health • Office of Civil Rights (OC • PEIMS • Registration • Scheduling • Security • Special Education • State Reporting (PEIMS) • Test Scores Res WA 19-10 • txConnect (Parent Portal) • txGradebook • txMyZone (Student Portal) Services Included at No Additional Fee • Hands-on training and implementation with first year installatio • On-site visits as needed the first year on installatio • Unlimited telephone consultation • Review workshops and webinars throughout the school year • Workdays • Zoom sessions (limited to 2 hours) • Up to three on-site visits per year (in region); one on-site visit per year (out of region) • Backups on and off-sit • Additional services charged at $95.00 per hour District Responsibilities • Perform all data entry necessary to establish data files and operate the systems on a routine basis • Perform, maintain, and verify all file backups, as instructed • Allow staff to attend all training sessions provided by ESC Region 1. • Allow staff to attend all scheduled meetings at ESC Region 11 concerning updates and enhancements to the systems. • Each school district shall designate a person to function as District Coordinator(s). ESC Region 11 Contact Director of MIS/IT (817) 740-7506 Res WA 19-10 TxEIS Business Price List — 2019-2020 Management Information Systems Software & Support Service Contract (TxEIS Business and Student) First-Year Set-up Installation and training ............................................................................................................................$2,500 Conversion of data from prior vendor ......................................................................................................$2,500 Business System Annual license fee .....................................................................................................................................$6,930 User fee .....................................................................................................................................$5 per employee Requisition/Purchase Order System Annual license fee ........................................................................................................................................$600 User fee ........................................................................................................................................$20 per person Res WA 19-10 TxEIS Student Price List — 2019-2020 Management Information Systems Software & Support Service Contract (TxEIS Business and Student) First-Year Set-up District installation .......................................................................................................................................$350 Campus training ....................................................................................................................$1,500 per campus Conversion of data from prior vendor ..................................................................................$2,500 per campus Student System License Fee 1 regular instructional campuses ...............................................................................................................$5,665 2 regular instructional campuses .............................................................................................................$11,330 3 regular instructional campuses .............................................................................................................$16,225 4 regular instructional campuses .............................................................................................................$21,120 5 regular instructional campuses .............................................................................................................$25,300 6 regular instructional campuses .............................................................................................................$29,480 7 regular instructional campuses .............................................................................................................$33,660 8 regular instructional campuses .............................................................................................................$37,840 9 regular instructional campuses .............................................................................................................$42,020 10 regular instructional campuses ...........................................................................................................$46,200 11 regular instructional campuses ...........................................................................................................$50,380 12 regular instructional campuses ...........................................................................................................$54,560 13 regular instructional campuses ...........................................................................................................$58,740 14 regular instructional campuses ...........................................................................................................$62,920 15 regular instructional campuses ...........................................................................................................$67,100 16 regular instructional campuses ...........................................................................................................$71,280 17 regular instructional campuses ...........................................................................................................$75,460 18 regular instructional campuses ...........................................................................................................$79,640 19 regular instructional campuses ...........................................................................................................$83,820 20 regular instructional campuses ...........................................................................................................$88,000 1-20 regular and/or registered alternative campuses ..............................................................$550 per campus txGradebook and txAttendance Systems Gradebook user fee ......................................................................................................................$28 per person Attendance user fee ..................................................................................................................$460 per campus Health Application System Health application campus fee .................................................................................................$425 per campus Res WA 19-10 Technology Resources Education Consortium (TREC) Library and Resource Management Services Contract 2019-2020 The Educational Technology Department offers the following services to school districts/charter schools that sign the TREC Library and Resource Management Services Contract: Services Included at No Additional Charge • Library Automation Software and/or Resource Management Software (includes Web-based library/resource catalog, circulation, reporting, inventory, and management functions), dependent on contracted services selected. • All centralized equipment costs, including servers, equipment replacement, management, and licensing • Centralized support personnel time and effort for equipment setup, installation, upgrades, support, troubleshooting, and management of the library servers • Centralized technical support for the library system • Data management for the system as needed • Cataloging new items as needed and 300 free barcode labels per site per year • Assistance with uploading and updating records in the system • All updates, enhancements, and new versions • All initial training, scheduled new user training, selected professional development opportunities, and listserv membership • Nightly secure backup of all data and transactions, both on-site and off-site, and a continuity plan • Automated patron assistance • Reduced costs for Follett add-on products and services • Access to all additional resources provided by TREC, such as the e-book library ESC Region 11 Contact Director of Instructional Services (817) 740-7659 Note: Due to various factors, including the volume of participation from districts, contract negotiations for products and services being purchased and delivered within this contract, possible funding changes for districts or ESC Region 11, and other factors, this contract is offered in good faith but does not become binding until September 1, 2019, on either the district or ESC Region 11. This contract is contingent upon the continued availability of appropriations and is subject to cancellation by either party upon thirty (30) days’ written notice to the other party. Payment for valid fees or charges rendered by the ESC Region 11 prior to written notice of termination shall be due to ESC Region 11. Early acceptance of this contract is necessary so that ESC Region 11 can plan and prepare to deliver these services. An alternative contract may be offered if this contract cannot be delivered as stated. Res WA 19-10 First-Year Price List Technology Resources Education Consortium (TREC) Library and Resource Management Services Contract 2019-2020 TREC Library Management Services TREC Membership and New Library Manager License $2,925 per site Optional Products (Annual Cost) WebPath Express $350 per site Standards $350 per site Alliance AV (must be district-wide) $100 per site Reading Program Service Lexile $300 per site Reading Program Service Fountas & Pinnell $300 per site Reading Program Service AR/RC $275 per site TREC Resource Management Services Resource Manager $2,500 per site TREC Data Services Sites with non-Follett systems: Library Services One-Time Data Conversion from non-Follett system $650 per site Resource Services One-Time Data Conversion from non-Follett system $900 per site Sites with Follett Self-hosted or Follett Hosted: One-Time Data Migration $975 per district Res WA 19-10 Renewal Price List Technology Resources Education Consortium (TREC) Library and Resource Management Services Contract 2019-2020 TREC Library Management Services TREC Membership and License Renewal (student enrollment below 300) $1,275 per site TREC Membership and License Renewal (student enrollment 300 more) $1,575 per site Note: 2016-17 License now includes TitlePeek. Renewing TREC member sites not currently subscribing to TitlePeek may request custom quote for Library Manager license renewal without TitlePeek. Optional Products (Annual Cost) WebPath Express $350 per site Standards $350 per site Alliance AV (must be districtwide) $100 per site Reading Program Service Lexile $300 per site Reading Program Service Fountas & Pinnell $300 per site Reading Program Service AR/RC $275 per site TREC Resource Management Services Resource Manager (new site) $2,500 per site Resource Manager (renewal) $850 per site Textbook Manager (renewal only) $500 per site Resource Manager: Asset (formerly Asset Manager, renewal only) $700 per site TREC Data Services Sites with non-Follett systems Library Services One-Time Data Conversion from non-Follett system $650 per site Resource Services One-Time Data Conversion from non-Follett system $900 per site Sites with Follett Self-hosted or Follett Hosted One-Time Data Migration $975 per district Res WA 19-10 *If you wish to cancel any services for 2019‐20, a written notification must be sent to ESC Region 11 no later than August 31, 2019.  +Additional services can be added at any time during the current school year.    Technology Resources Education Consortium (TREC)  TREC Services Renewal Quote  Enrollment Period: 09/01/2019 – 08/31/2020  Westlake Academy Total     Quantity Cost TREC Library Management Services   Library Manager    ‐ TREC Membership, including Follett Destiny Library Manager License 1 $1,450.00 o Follett New Library Manager Site Licensing Fee (Year 1 only) 0 $  0.00 o TitlePeek (all new sites and current Title Peek sites must include) 0 $  0.00 Library Manager Add‐On Services*+   ‐ WebPath Express 0 $  0.00 ‐ State Standards 0 $  0.00 ‐ Alliance AV (district‐wide purchase only, $100/campus) 0 $  0.00 ‐ Reading Program Service: Lexile 0 $  0.00 ‐ Reading Program Service: Fountas & Pinnell 0 $  0.00 ‐  Reading Program Service: AR/RC 0 $  0.00  Total Cost TREC Library Management Services  $1,450.00 TREC Resource Management Services   ‐ Follett Destiny Resource Manager  1 $850.00 o Follett New Resource Manager Site Licensing Fee (Year 1 only) 0 $  0.00 o Upgrade from Textbook Manager/Asset Manager    ‐ Legacy Systems   o Textbook Manager (Renewing sites only) 0 $  0.00 o Asset Manager (Renewing sites only) 0 $  0.00 Total Cost TREC Resource Management Services  $850.00 TREC Data Migration Services    District Migration 0 $  0.00  Data‐Conversion (per site) 0 $  0.00  Total Cost TREC Data Migration Services  $  0.00  Adjustments/Discounts   ‐ Small school discount for campuses < 300 enrollment 0 ‐ ‐ Other   Total Adjustment  $   0.00  Grand Total Cost for all TREC Services   $2,300.00 Current Contact Information – please make any necessary changes below  , ,    Westlake Academy Total intends to continue TREC Services for the 2019‐2020 school year as listed above:  ___________________________     _________________________      ____________________________    ____________    Printed Name                                     Title                                                      Signature                                                  Date            Res WA 19-10 TSDS Contract (PEIMS, studentGPS Dashboard, TIMS, UID, Collections) 2019-2020 Services Provided by TEA • Explain the overall data requirements to ESC personnel • Provide and maintain the Texas Education Data Standards (TEDS), and the STUDENT ATTENDANCE ACCOUNTING HANDBOOK (SAAH) • Provide the ESC and district with a standard editing and reporting system (TSDS) Services Provided by ESC Region 11 Note: Due to various factors, including the volume of participation from districts, contract negotiations for products and services being purchased and delivered within this contract, possible funding changes for districts or ESC Region 11, and other factors, this contract is offered in good faith but does not become binding until September 1, 2019, on either the district or ESC Region 11. This contract is contingent upon the continued availability of appropriations and is subject to cancellation by either party upon thirty (30) days’ written notice to the other party. Payment for valid fees or charges rendered by the ESC Region 11 prior to written notice of termination shall be due to ESC Region 11. Early acceptance of this contract is necessary so that ESC Region 11 can plan and prepare to deliver these services. An alternative contract may be offered if this contract cannot be delivered as stated. • Send the data required (ACCEPT) by the current Texas Education Data Standards (TEDS) to TEA by the specified due dates for each submission/re-submission • Review the district data using edit rules and reports supplied by TEA, assuring that all fatal errors are corrected. • Assist the district with its data submission to TEA’s TSDS server. • Notify district when its data has been accepted by the ESC and made available for further processing by TEA. • Facilitate the accuracy and timely delivery of data. • Explain the overall data collection requirement for PEIMS and Enrollment Tracking (ET) to district personnel. • Train school district personnel to adequately meet the data submission requirement, covering: o Overall data flo o Delivery schedule o Data element definition o Data submission formats o Editing requirements o Correction cycle o Approval of summary report and error listing o Operation of the web-based TSDS system o Operation of the Enrollment Tracking (ET) System o TSDS Unique ID Corrections • Consult with districts to assist them in preparing the data submission and to ensure data quality and compliance to schedules • ESC TSDS staff will coordinate assistance by: o Answering questions about the Texas Education Data Standards (TEDS) and Student Attendance Accounting Handbook o Organizing the data submission schedule Res WA 19-10 o Answering questions about the edit and summary reports o Organizing the error correction schedule o Initiating the final approval of the district s submission to TEA o Providing assistance for the optional student GPS Dashboard by either hourly rate or contracted support o Providing assistance for the Early Childhood Data System (ECDS) by either hourly rate or contracted amount o Training and assistance on TSDS Incident Management System (TIMS) o Providing assistance with the Unique Identification System (UID o Assist with issues relating to TEA Login System (TEAL) • Training and assistance on all Core Collections: o Early Childhood Data System (ECDS) o Explabded Learning GOpportunities (ELO) o Residential Facility (RF) Tracker o State Performance Plan Indicator 14 (SPP 14) o TSDS Classroom Roster Fall Submission o TSDS Classroom Roster Winter Submission District Responsibilities • Submit the data required by the current Texas Education Data Standards (TEDS) to the ESC in accordance with the specifications of the data standards • Approve the required data (along with the ESC) by the due dates. • Follow the ESC-established deadlines to allow sufficient time for technical assistance by the ESC • Validate/edit the district data file usingTSDS. • Get approval of data file by ESC • Correct errors found by the ESC during the editing/validation process in a timely manner. • Approve the content of the data submission by completion of the SOA by the Superintendent, as available through TSDS. ESC Region 11 Contact Coordinator, Management and Information Systems (817) 740-7704 Res WA 19-10 TSDS Contract (PEIMS, studentGPS Dashboard, TIMS, UID, Core Collections) Price List — 2019-2020 TSDS (PEIMS, TIMS, UID, Core Collections) Students in District Fee 1-500 $1,700 501-1,000 $2,750 1,001-2,000 $3,800 2,001-4,000 $4,850 4,001-8,000 $5,900 8,001-16,000 $6,950 16,001-32,000 $8,000 32,001-64,000 $9,050 64,001-128,000 $10,100 studentGPS Dashboards (Optional) Dashboard Fee New Training and Support $2,000 Annual Maintenance Training and Support $1,000 Res WA 19-10 TxEIS Service Fees Contract 2019-2020 The Management Information Systems Department offer the following services to school districts/charter schools that sign the TxEIS Service Fees Contract: TxEIS Extracts ESC Region 11 provides extracts from TxEIS that populate third-party software products with data. ESC Region 11 will automate the process to extract data daily, and forward the data to any location requested by the district. Extract pricing is detemined by the number of extracts per district per month. TxEIS Hosting Districts that sign the TxEIS License Contract may choose to receive TxEIS hosting services from ESC Region 11. If hosting services are selected, ESC Region 11 will do the following: • Provide equipment to house the TxEIS database. • Provide equipment for necessary application servers. • Provide equipment necessary for gradebook and parent portal servers. • Provide staff to monitor and maintain database and application servers • Perform the initial installation of the software. • Install all software upgrades to the servers. • Provide back-up of the district database. • Provide data restoration as needed. Sybase SQL License Districts using the TxEIS Business or Student software will need to purchase an upgrade for existing licenses to Sybase SQL version 17. Licenses for this software are provided through an OEM agreement between Sybase and Texas Computer Cooperative (TCC). ESC Region 11 Contact Note: Due to various factors, including the volume of participation from districts, contract negotiations for products and services being purchased and delivered within this contract, possible funding changes for districts or ESC Region 11, and other factors, this contract is offeredin good faith but does not become binding until September 1, 2019, on either the district or ESC Region 11. This contract is contingent upon the continued availability of appropriations and is subject to cancellation by either party upon thirty (30) days’ written notice to the other party. Payment for valid fees or charges rendered by the ESC Region 11 prior to written notice of termination shall be due to ESC Region 11. Early acceptance of this contract is necessary so that ESC Region 11 can plan and prepare to deliver these services. An alternative contract may be offered if this contract cannot be delivered as stated Res WA 19-10 ESC Region 11 Contact Director of MIS/IT (817) 740-7506 Res WA 19-10 Prices are as follows for self-hosted districts: TxEIS Extracts Number of Extracts Cost per Year 1-50 $500 51-100 $1,000 101-150 $1,500 150+ $2,000 TxEIS Hosting Tier Cost Tier 1: 1-30 users $3,000 per application server Tier 2: 31-50 users $4,000 per application server Tier 3: 50+ users $5,000 per application server Co-op District Membership *Annual TxEIS Co-op Fee .....................................................................................................................$330 *Note: Districts must pay this co-op fee if they are signing up for the TxEIS Business and Student Contract. They must only pay it one time per year, even if they contract for both the business and student options. TxEIS Service Fees Contract Price List — 2019-2020 Res WA 19-10 Page 1 of 4 estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Consent Westlake Board Meeting Monday, August 05, 2019 TOPIC: Consider a resolution amending and adopting the Westlake Academy Personnel Manual for the 2019-2020 school year. STAFF CONTACT: Todd Wood, Dir. of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Personal Responsibility People, Facilities, & Technology PYP / MYP / DP Attract, Recruit & Retain the Highest Quality Workforce Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 6, 2019 Completion Date: August 3, 2020 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Westlake Academy Personnel Manual is a written compilation of the Academy’s employee policies, procedures, and benefits. It is a comprehensive document which must be updated annually in response to changing laws, employment trends, as well as internal changes to policies and procedures. RECOMMENDATION Staff recommends approval. ATTACHMENTS Proposed personnel manual amendments Resolution 2019-2020 Westlake Academy Personnel manual with proposed changes Page 2 of 4 Summary of Policy Additions and Deletions (additions shown in blue, deletions shown in red) Health Safety Training Certain employees who are involved in physical activities for students may be required to maintain and submit to the Academy proof of current certification in first aid, cardiopulmonary resuscitation (CPR), the use of an automated external defibrillator (AED), concussion, and extracurricular athletic activity safety. Certification must be issued by the American Red Cross, the American Heart Association, University Interscholastic League or another organization that provides equivalent training and certification. Employees subject to this requirement must submit their certification to the Human Resources Office within 30 days of the date of hire. School nurses and employees with regular contact with students must complete a Texas Education Agency approved, online training regarding seizure disorder aware-ness, recognition, and related first aid. Overtime Compensation Westlake Academy will compensate non-exempt (hourly) employees for all overtime hours worked, in accordance with federal wage and hour laws. Only non-exempt employees (hourly employees and paraprofessional employees) are entitled to overtime compensation. Non-exempt employees are not authorized to work overtime hours without advance written approval from their supervisor. A nonexempt employee who works overtime without prior approval may be subject to disciplinary action. Overtime is legally defined as all hours worked in excess of 40 hours in a work week and is not measured by the day or by the employee’s regular work schedule. For the purpose of calculating overtime, a workweek begins at 12:00 am on Monday and ends at 11:59 pm on Sunday. Employees may be compensated for overtime at time-and-a-half rate with compensatory time off (comp time) or direct pay. The following applies to all nonexempt employees: • Employees can accumulate up to 60 hours of comp time. • Comp time must be used in the academic year that it is earned. • Use of comp time may be at the employee’s request with supervisor approval as workload permits, or at the supervisor’s direction. • An employee may be required to use comp time before using any other available paid leave (e.g., sick, personal, vacation). • Weekly time records will be maintained on all nonexempt employees for the purpose of wage and salary administration. • Comp time balances cannot be carried over from one school year to the next. Employees will be required to receive a cash payment at their current hourly rate at the end of each school year for unused comp time. Workers’ Compensation Benefits An employee absent from duty because of a job-related illness or injury may be eligible for workers’ compensation weekly income benefits if the absence exceeds seven (7) calendar days. An employee receiving workers’ compensation wage benefits for a job-related illness or injury may choose to use accumulated paid leave benefits. An employee choosing to use paid leave will not receive Page 3 of 4 workers’ compensation weekly income benefits until all paid leave is exhausted or to the extent that paid leave does not equal the pre-illness or -injury wage. If the use of paid leave is not elected, then the employee will only receive workers’ compensation wage benefits for any absence resulting from a work- related illness or injury, which may not equal his or her pre-illness or pre-injury wage. In the event of illness or injury, employees are encoraged required to utilize medical service providers within the workers’ compensation insurance network. In the event an employee chooses to use an out-of network provider (except in life-threatening, emergency situations), that employee may be responsible for any charges that exceed the network-approved amount. All employees will be required to sign an acknowledgement form affirming this requirement prior to beginning employment. Jury Duty The Academy provides paid leave to employees who are summoned to jury duty or grand jury duty, hereafter, “jury duty”. Employees who report to the court for jury duty may keep any compensation the court provides. An employee should report a summons for jury duty to his or her supervisor as soon as it is received and may be required to provide the Academy a copy of the summons to document the need for leave. An employee may be required to report back to work as soon as they are released from jury duty. The supervisor may consider the travel time required and the nature of the individual’s position when determining the need to report to work. A copy of the release from jury duty or documentation of time spent at the court may be required. Reporting Suspected Child Abuse All employees are required by state law to report any suspected child abuse or neglect, as defined by Texas Family Code §26.001, to a law enforcement agency, Child Protective Services (CPS), or appropriate state agency (e.g., state agency operating, licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion. Alleged abuse or neglect involving a person responsible for the care, custody, or welfare of the child (including a teacher) must be reported to CPS. Employees are also required to make a report if they have cause to believe that an adult was a victim of abuse or neglect as a child and they determine in good faith that the disclosure of the information is necessary to protect the health and safety of another child, elderly person, or person with a disability. Reports to Child Protective Services can be made online at https://www.txabusehotline.org/Login/Default.aspx to a local field office or to the Texas Abuse Hotline (800-252-5400). State law specifies that an employee may not delegate to or rely on another person or administrator to make the report. Under state law, any person reporting or assisting in the investigation of reported child abuse or neglect is immune from liability unless the report is made in bad faith or with malicious intent. In addition, the district is prohibited from retaliating against an employee who, in good faith, reports child abuse or neglect or who participates in an investigation regarding an allegation of child abuse or neglect. An employee’s failure to report suspected child abuse may result in prosecution as a Class A misdemeanor. The offense of failure to report by a professional may be a state jail felony if it is shown the individual intended to conceal the abuse or neglect. In addition, a certified employee’s failure to report suspected child abuse may result in disciplinary procedures by SBEC for a violation of the Texas Educators’ Code of Ethics. Page 4 of 4 Employees who suspect that a student has been or may be abused or neglected should also report their concerns to the campus principal. This includes students with disabilities who are no longer minors. Employees are not required to report their concern to the principal before making a report to the appropriate agency. Reporting the concern to the principal does not relieve the employee of the requirement to report it to the appropriate state agency. In addition, employees must cooperate with investigators of child abuse and neglect. Interference with a child abuse investigation by denying an interviewer’s request to interview a student at school or requiring the presence of a parent or school administrator against the desires of the duly authorized investigator is prohibited. Emergencies All employees should be familiar with the safety procedures for responding to emergencies, including medical emergencies. Employees should locate evacuation diagrams posted in their work areas and be familiar with shelter in place, lockout, and lockdown procedures. Emergency drills will be conducted to familiarize employees and students with safety and evacuation procedures. Each building is equipped with an automatic external defibrillator. Fire extinguishers are located throughout all buildings. Employees should know the location of these devices and procedures for their use. Personnel Records Most Academy records, including personnel records, are public information and must be released upon request. In most cases, an employee’s personal e-mail address is confidential and may not be released without the employee’s permission. Employees may choose to have the following personal information withheld: • Address • Phone number, including personal cell phone number • Information that reveals whether they have family members • Personal e-mail address The choice to not allow public access to this information or change an existing choice may be made at any time by submitting a written request to the Human Resources Office. New or terminated employees have fourteen (14) days after hire or termination to submit a request. Otherwise, personal information may be released to the public until a request to withhold the information is submitted or another exception for release of information under law applies. An employee is responsible for notifying the Human Resources Office if he or she is subject to any exception for disclosure of personal or confidential information. Resolution WA 19-11 Page 1 of 3 WESTLAKE ACADEMY RESOLUTION NO. 19-11 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING AND ADOPTING THE 2019-2020 WESTLAKE ACADEMY PERSONNEL MANUAL. WHEREAS, Westlake Academy recognizes that ongoing updates to the Academy’s personnel manual are necessary to ensure best practices; and, WHEREAS, the leaders of Westlake Academy desire to promote professionalism, safety, security, and high standards of performance in the workplace; and, WHEREAS, Westlake Academy desires to provide employees with a personnel manual that reflects the goals and vision of the Academy’s leaders; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the people of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Westlake Academy Board of Trustees does hereby amend the current manual with the proposed personnel policy additions and changes, attached as Exhibit “A”, and adopts the 2019-2020 Westlake Academy Personnel Manual with the aforementioned additions and/or amendments. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 19-11 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5TH DAY OF AUGUST 2019. ___________________________________ Laura Wheat, President ATTEST: APPROVED AS TO FORM: ________________________________ Kelly Edwards, Board Secretary ________________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Resolution WA 19-11 Page 3 of 3 Exhibit “A” Personnel Manual Westlake Academy 209-2020Personnel Manual Adopted August 5, 2019 Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page i Table of Contents Contents Introduction .............................................................................................................................. 1 Personnel Manual receipt ........................................................................................................ 2 Westlake Academy Information .............................................................................................. 3 Description of Westlake Academy ............................................................................................................ 3 Westlake Academy Mission, Vision & Values ......................................................................................... 3 Board of Trustees ...................................................................................................................................... 4 Westlake Academy Administrative Officials ............................................................................................ 4 Helpful contacts ......................................................................................................................................... 5 Employment ............................................................................................................................. 5 Equal employment opportunity ................................................................................................................. 5 Job vacancy announcements ..................................................................................................................... 6 Employment after retirement ..................................................................................................................... 6 Contract and noncontract employment ...................................................................................................... 6 Certification and Licenses ......................................................................................................................... 6 Recertification of Employment Authorization…………………………………………………………...7 Searches and drug/alcohol testing ............................................................................................................. 7 Fitness for Duty Evaluations ................................................................................................................... 15 Health Safety Training ............................................................................................................................ 16 Reassignments and transfers ................................................................................................................... 16 Workload and Work Schedules ............................................................................................................... 17 Breaks for Expression of Breast Milk ................................................................................................... 177 Notification to Parents Regarding Qualifications .................................................................................... 17 Outside Employment and Tutoring ......................................................................................................... 17 Performance evaluations ......................................................................................................................... 18 Staff development ................................................................................................................................... 18 Compensation and Benefits ...................................................................................................18 Salaries, wages, and stipends .................................................................................................................. 18 Paychecks and Paystubs .......................................................................................................................... 19 Direct payroll deposit .............................................................................................................................. 19 Payroll deductions ................................................................................................................................... 19 Annualized compensation ....................................................................................................................... 19 Timekeeping ............................................................................................................................................ 19 Overtime compensation ........................................................................................................................... 20 Health, dental, and life insurance ............................................................................................................ 20 Supplemental insurance benefits ............................................................................................................. 21 Cafeteria plan (Section 125) .................................................................................................................... 21 Workers’ Compensation insurance ......................................................................................................... 21 Unemployment compensation insurance ................................................................................................. 21 Teacher retirement (TRS) ........................................................................................................................ 22 Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page ii Leaves and Absences .............................................................................................................22 State Personal leave ................................................................................................................................. 23 Local leave .............................................................................................................................................. 24 State Sick Leave ...................................................................................................................................... 24 Other Local Leave (Community Sick Leave Program) ........................................................................... 25 Compensated Holidays ............................................................................................................................ 25 Family Medical Leave (FMLA) .............................................................................................................. 26 Temporary disability ............................................................................................................................... 28 Workers’ Compensation Benefits ........................................................................................................... 29 Assault leave ........................................................................................................................................... 30 Bereavement leave .................................................................................................................................. 30 Jury Duty ................................................................................................................................................. 30 Compliance with a Subpeona .................................................................................................................. 30 Truancy Court Appearances…………………………………………………………………………...30 Military leave .......................................................................................................................................... 30 Religious Observance ............................................................................................................................ 301 Employee relations and communications .............................................................................31 Employee recognition and appreciation .................................................................................................. 31 Employee complaints and grievances ..................................................................................31 Employee conduct and welfare ..............................................................................................34 Standards of conduct ............................................................................................................................... 34 Dress Code .............................................................................................................................................. 36 Discrimination, harassment, and retaliation ............................................................................................ 37 Harassment of students ............................................................................................................................ 38 Reporting Suspected Child Abuse ........................................................................................................... 40 Child Sexual Abuse and Maltreatment of Children ................................................................................ 40 Reporting Crime ...................................................................................................................................... 41 Personal Use of Communications ........................................................................................................... 41 Information Technology Systems Policy ................................................................................................ 42 Use of cell phones ................................................................................................................................... 46 Electronic Communications between Employees and Students .............................................................. 46 Criminal History Background Checks..................................................................................................... 48 Texas Educators’ Code of Ethics (applicable to all employees) ............................................................. 48 Employee Arrests and Convictions ......................................................................................................... 50 Drug-abuse prevention ............................................................................................................................ 51 Tobacco use and E-Cigarette use ............................................................................................................ 52 Fraud and financial impropriety .............................................................................................................. 52 Conflict of interest ................................................................................................................................... 52 Gifts and favors ....................................................................................................................................... 53 Copyrighted materials ............................................................................................................................. 53 Associations and political activities ........................................................................................................ 53 Safety……………………. ...................................................................................................................... 53 Possession of firearms and weapons ....................................................................................................... 54 Visitors in the workplace ......................................................................................................................... 54 Pest control treatment .............................................................................................................................. 54 General procedures ................................................................................................................54 Bad weather closing ................................................................................................................................ 54 Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page iii Emergencies ............................................................................................................................................ 55 Purchasing procedures ............................................................................................................................. 55 Name and address changes ...................................................................................................................... 55 Personnel records .................................................................................................................................... 55 Travel Policy/expense reimbursement .................................................................................................. 556 Building use ............................................................................................................................................. 59 Termination of employment ...................................................................................................59 Resignations ............................................................................................................................................ 59 Dismissal or non-extension of contract employees ................................................................................. 60 Suspension/administrative leave of contract employees ......................................................................... 60 Dismissal of noncontract employees ....................................................................................................... 60 Exit interviews and procedures ............................................................................................................... 60 Reports to the Texas Education Agency ................................................................................................. 60 Reports concerning court-ordered withholding ....................................................................................... 61 Student issues ........................................................................................................................61 Equal educational opportunities .............................................................................................................. 61 Student records ........................................................................................................................................ 61 Parent and student complaints ................................................................................................................. 62 Administering medication to students ..................................................................................................... 62 Dietary supplements ................................................................................................................................ 62 Psychotropic drugs .................................................................................................................................. 62 Student conduct and discipline ................................................................................................................ 63 Student attendance ................................................................................................................................... 63 Bullying …………………………………………………………………………………………………63 Hazing……………….. ........................................................................................................................... 63 Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 1 Introduction The purpose of the Westlake Academy Personnel Manual is to provide information that will help with questions and pave the way for a successful year. Not all Westlake Academy policies and procedures are included. Some policies have been summarized. Suggestions for additions and improvements to this handbook are welcome and may be sent to the Westlake Academy Human Resources Office, located at 1500 Solana Blvd., Building 7, Suite# 7200, phone (817) 490-5711. This handbook is neither a contract nor is it intended to alter the at -will status of noncontract employees in any way. Rather, it is a guide providing an explanation of Westlake Academy’s employee policies and procedures. These policies and procedures may change at any time; and such changes shall supersede any handbook provisions that are not compatible with the change. For more information, employees may contact the Human Resources Office. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 2 Personnel Manual Receipt Name ___________________________________________________ I hereby acknowledge receipt of my personal copy of the Westlake Academy 2019-2020 Personnel Manual. I agree to read the handbook and abide by the standards, policies, and procedures defined or referenced in this document. The information in this manual is subject to change. I understand that changes in Academy poli- cies may supersede, modify, or eliminate the information summarized in this booklet. As the Academy provides updated policy information, I accept responsibility for reading and abiding by the changes. I understand that no modifications to contractual relationships or alterations of at-will employ- ment relationships are intended by this handbook. I understand that I have an obligation to inform the Human Resources Office of any changes in personal information, such as phone number, address, etc. I also accept responsibility for con- tacting my supervisor or the Human Resources Office if I have questions or concerns or need further explanation. ___________________________________ _________________________ Employee Signature Date Please sign and date this receipt and return it to the Human Resources Office. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 3 Westlake Academy Information Description of Westlake Academy Westlake Academy is an Open Enrollment Charter School which opened in the fall of 2003 in Westlake, Texas. Westlake Academy distinguishes itself among neighboring educational offerings with a particular focus on international-style academics. The programs of the International Baccalaureate Organization (PYP, MYP, and Diploma) have been certified as the educational model. Educational technology is pervasive and infuses the classroom curriculum. Westlake Academy Mission, Vision & Values Westlake Academy is a public charter school offering the International Baccalaureate (IB) curriculum. Founded in 2003, with a mission to achieve academic excellence and develop life-long learners who become well-balanced, responsible global citizens, Westlake Academy is the first and only municipally- owned school in the state to receive a charter designation. Westlake Academy is the fifth school of only ten in the United States, and the only public school, to offer the full IB curriculum for grades K-12. Great care and consideration were given to the mission and vision of the Academy and the impact that these have on both the long-term goals of the Academy and its day-to-day operations. The vision and mission statements represent the outcome of this discussion and evidence the Board’s continued dedication to academic excellence and personal achievement. The values statements are currently being reviewed by the Board and are listed here for reference only. MISSION STATEMENT: “Westlake Academy is an IB World School whose mission is to provide students with an internationally minded education of the highest quality, so they are well-balanced and respectful life-long learners.” VISION STATEMENT: “Westlake Academy inspires college bound students to achieve their highest individual potential in a nurturing environment that fosters the traits found in the IB Learner Profile.” ~ Inquirers, Knowledgeable, Thinkers, Communicators, Principled, Open-minded, Caring, Risk-takers, Balanced, and Reflective~ VALUES Maximizing Personal Development Academic Excellence Respect for Self and Others Personal Responsibility Compassion and Understanding The following desired outcomes summarize the goals and objectives established by the Board of Trustees and leadership staff at the Academy. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 4 Desired Outcomes High Student Achievement Strong Parent & Community Connections Financial Stewardship & Sustainability Student Engagement-Extracurricular Activities Effective Educators & Staff Board of Trustees Texas law grants the Board of Trustees the power to govern and oversee the management of Westlake Academy. The Board is the policy-making body within the Academy and has overall responsibility for the curriculum, annual budget, employment of the Superintendent, facilities, and expansions. The Board has complete and final control over school matters within limits established by state and federal laws and regulations. The Board of Trustees is elected by registered voters of the Town of Westlake to represent the community’s commitment to a strong educational program for our students. Trustees are elected every year in May and serve staggered two-year terms. Trustees serve without compensation, must be registered voters, and must reside within the Town of Westlake. Westlake Academy 2019-2020 Governing Body Board of Trustees Laura Wheat, Board President Carol Langdon, Trustee Rick Rennhack, Trustee Michael Barrett, Trustee Alesa Belvedere, Trustee Greg Goble, Trustee Westlake Academy Administrative Officials The Board of Trustees usually meets on the first Monday of each month at 6:00 pm in the council chambers of Westlake Town Hall, located at 1500 Solana Blvd., Building 7, Suite# 7200, Westlake, TX 76262. Special meetings may be called when necessary. A written notice of regular and special meetings will be posted at the Westlake Town Hall bulletin board at least 72 hours before the scheduled meeting time. The written notice will show the date, time, place, and subjects of each meeting. In emergencies, a meeting may be held with a two-hour notice. All meetings are open to the public. In certain circumstances, Texas law permits the Board to go into a closed session. Closed session may occur for such things as discussing prospective gifts or donations, real-property acquisition, personnel issues including conferences with employees and employee complaints, security matters, student discipline, or to consult with attorneys regarding pending litigation, or other matters as allowed by law. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 5 Helpful Contacts From time to time, employees have questions or concerns. The contacts for various Westlake Academy Departments are listed below. A complete list of staff telephone extentions is available in the Academy’s Main Office. * Amanda DeGan, Superintendent Dr. Mechelle Bryson, Executive Director Rod Harding, PYP Principal Beckie Paquin, Asst. PYP Principal Stacy Stoyanoff, MYP/DP Principal Shelly Myers, Exec. Director of the WAF/Director of Development Jennifer Furnish, Asst. MYP/DP Principal Alan Burt, Student Life Coordinator/Director of Athletics Alison Schneider, PYP Coordinator Dr. Terri Watson, MYP Coordinator Dr. James Owen, DP Coordinator Maria Miller, Facilities Manager * Noah Simon, Deputy Town Manager * Jarrod Greenwood, Assistant Town Manager * Ginger Awtry, Director of Communications & Community Affairs * Troy Meyer, Director of Public Works & Facilities * Troy Meyer, Director of Facilities * Debbie Piper, Director of Finance * Todd Wood, Director of HR & Administrative Services *Asterisk denotes shared services personnel between West lake Academy and the Town of Westlake Employment Equal Employment Opportunity Westlake Academy does not discriminate against any employee or applicant for employment because of race, color, religion, sex, gender, national origin, age, disability, military status, genetic information, or on any other basis prohibited by law. Employment decisions will be made on the basis of each applicant’s job qualifications, experience, and abilities. Employees with questions or concerns about discrimination on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or military status should contact the Superintendent or the Human Resources Office. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 6 Job Vacancy Announcements Announcements of job vacancies by will be made by one or more of the following methods: in the Town of Westlake’s newspaper of record, posted internally in common faculty areas, and/or on the Academy’s website. Employment after Retirement Individuals receiving retirement benefits from the Teacher Retirement System (TRS) may be employed in limited circumstances on a full- or part-time basis without affecting their benefits, according to TRS rules and state law. Detailed information about employment after retirement is available in the TRS publication Employment After Retirement. Employees can contact TRS for additional information by calling 800-223-8778 or 512-542-6400. Information is also available on the TRS Web Site (www.trs.state.tx.us). Notwithstanding the above, TRS rules and state law will govern. Contract and Noncontract Employment Certain provisions in the Texas Education Code are not applicable to open-enrollment charter schools. For example, as an open-enrollment Charter School, Westlake Academy is not required by state law to employ professional employees under contract. Westlake Academy has chosen to employ its professional employees (teachers, librarians, nurses, and counselors) under employment contracts. The paragraphs that follow provide a general, non-binding description of other employment arrangements used by the Academy. Noncertified professional and administrative employees Employees in professional and administrative positions (such as non-instructional administrators) may be employed by contract or at-will at the discretion of the Superintendent. Paraprofessional and auxiliary employees All paraprofessional and auxiliary employees, regardless of certification, are employed at-will and not by contract. Employment is not for any specified term and may be terminated at any time by either the employee or by the Academy with or without cause. Other Employees Employees in all other positions are employed at-will and may be terminated at any time by either the employee or by the Academy, with or without cause. Certification and Licenses Professional employees whose positions require SBEC certification or professional license are responsible for taking actions to ensure their credentials do not lapse. Employees must submit documentation that they have passed the required certification exam and/or obtained or renewed their credentials to the Human Resources Office in a timely manner. A certified employee’s contract may be voided without due process and employment terminated if the individual does not hold a valid certificate or fails to fulfill the requirements necessary to renew or extend a temporary certificate, emergency certificate, probationary certificate, or permit. A contract may also be Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 7 voided if SBEC suspends or revokes certification because of an individual’s failure to comply with criminal history background checks. Contact the Human Resources Office if you have any questions regarding certification or licensure requirements. Recertification of Employment Authorization At the time of hire all employees must complete the Employment Eligibility Verification Form (Form I-9) and present documents to verify identity and employment authorization. Employees whose immigration status, employment authorization, or employment authorization documents have expired must present new documents that show current employment authorization. Employees should file the necessary application or petition sufficiently in advance to ensure that they maintain continuous employment authorization or valid employment authorization documents. Contact the Human Resources Office if you have any questions regarding reverification of employment authorization. Searches and Drug/Alcohol Testing Noninvestigatory searches in the workplace, including accessing an employee’s desk, file cabinets, locker, or work area to obtain information needed for usual business purposes may occur when an employee is unavailable. Therefore, employees are hereby notified that they have no legitimate expectation of privacy in those places. In addition, the Academy reserves the right to conduct searches when there is reasonable cause to believe a search will uncover evidence of work-related misconduct. Such an investigatory search may include drug and alcohol testing if the suspected violation relates to drug or alcohol use. The Academy may search the employee, the employee’s personal items, work areas, lockers, and private vehicles parked on Academy premises or work sites or used in Academy business. This policy also applies to school sponsored trips and offsite training programs attended by employees. Drug and Alcohol Policy Definitions Abuse of Town or Academy Property is exemplified, but not limited to, the following: • Negligent or willful damage or destruction of equipment or property; • Waste of materials or negligent loss of tools or materials; • Improper maintenance of equipment; • Damage caused by the use of tools or equipment for purposes other than that for which the tool or equipment was intended; Adulterant means a masking agent that prevents the detection of drug use in a drug testing specimen or any other substance used to tamper with the specimen. Alcoholic beverage means alcohol, or any beverage, containing more than one-half of one percent alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an Evidential Breath Test (EBT). Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 8 Contraband means any article, the possession of which on Academy premises or while on Academy business causes an employee to be in violation of an Academy rule or penal law. Contraband includes illegal drugs and open containers of alcoholic beverages, drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. Nothing shall preclude the possession of contraband for the purposes of educational instruction pursuant to the employee’s job responsibilities. Controlled substances means any drug, substance, or immediate precursor listed in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be revised from time to time. Drug or Illegal drug means any drug in any detectable amount that is not legally obtainable; any drug that is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are cannabis substances such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Drug Paraphernalia means equipment, a product or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Medical Review Officer (MRO) means a licensed physician (doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive or adulterated test result together with his or her medical history and any other relevant biomedical information. Physician means a physician licensed by the State Board of Medical Examiners. Proper medical authorization means a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the name of the substance, quantity/amount to be taken, the period of authorization, and whether the prescribed medication may impair the employee’s job performance. This requirement also applies to refills of prescription drugs. Refusal to submit to alcohol or drug test means that an employee: • Refuses to sign a consent to testing form; • Fails to provide adequate breath or urine for testing without a valid medical explanation after he or she has received notice of the requirement for testing; • Engages in conduct that clearly obstructs the testing process; • Uses adulterants to prevent the detection of drug use in a drug-testing specimen or uses any other substance to tamper with the specimen. Any refusal to submit to testing will be treated the same as a positive controlled substances test result. Substance abuse is exemplified by, but not limited to, the following: Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 9 • Ingestion, inhalation, or injection of a controlled substance without proper written medical authorization; • Ingestion of an alcoholic beverage during working hours or on Academy property; • Ingestion of an alcoholic beverage while operating Academy equipment; • Ingestion, inhalation, or injection of a controlled substance without proper medical authorization, or ingestion of an alcoholic beverage during non-working hours, which causes an employee to be unable to work in a safe and effective manner during working hours; • Use of prescription or over-the-counter medication in a manner for which it was not intended. Testing facility means a hospital, clinic, or laboratory approved by the Academy to be used to collect body fluid or breath samples to be analyzed for specific controlled substances or alcohol. The facility will have all required personnel, materials, equipment, and supervision for the collection, security, temporary storage, and transportation of samples to the testing lab, or to conduct alcohol testing. Under the influence or Impaired is defined as abnormal behavior during working hours or during Academy-sponsored events outside of normal working hours which results from indulging in an alcoholic beverage, controlled substance, or drug which may limit an employee’s ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee or others. Working hours means from the time the employee arrives at the job site until the time the employee leaves, including all lunch or other types of breaks. Constitutional Rights of Employees Westlake Academy respects the constitutional rights of its employees. All actions taken by Academy officials shall be consistent with the Constitution and laws of the United States and the State of Texas. Notification of Supervisor of Authorized Drug Use Each employee shall report the use of medically authorized drugs or other substances that can impair job performance to the employee’s immediate supervisor and provide proper written medical authorization to work from a physician. It is the employee’s responsibility to determine from the physician whether or not the drug would impair employee job performance depending on the nature of the employee’s job. Failure to report the use of such drugs or other substances or failure to provide proper evidence of medical authorization will result in disciplinary action. Any information received from an employee under this provision will be kept confidential except to the extent it may be shared with individuals who are in a need-to-know position. Westlake Academy reserves the right to have a physician of its own choice determine if the medication produces hazardous effects at the prescribed dosage and may restrict the employee’s work activity. Additional Employee Responsibilities Employees are expected to be fit for duty upon reporting to work. Each Academy employee who observes or has knowledge of another employee in an impaired condition to perform his or her job duties or who poses a hazard to the safety and welfare of the employee or others shall promptly report this fact to the immediate supervisor. The employee making the observation must file a written report to the suspected employee’s supervisor within 24 hours of observing or learning of the condition. Any Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 10 employee concealing the use of or condition of being under the influence of drugs, controlled substances, or alcohol by other employees on the job, or failing to make such a report, will be subject to disciplinary action, including suspension or termination. The suspected employee’s supervisor must then determine whether this information, along with the supervisor’s own observations, warrant a reasonable suspicion test. The supervisor will also forward the employee’s written report immediately to the Superintendent in a confidential manner. If, after investigating a report of an employee’s impaired condition, the supervisor finds that the reporting employee has knowingly provided false information regarding the suspected employee, disciplinary action may be taken against the individual who filed the report and knowingly gave such false information. Any employee who makes a reasonable cause observation or who may be a witness at an accident scene shall also maintain complete confidentiality. Breach of confidentiality relating to test results or any other related matters will subject the employee to disciplinary action. All supervisors and Section Principals are responsible for documenting poor performance, for recognizing reasonable suspicion of drug or alcohol use by employees, and for carrying out the provisions of this policy. Required Drug and/or Alcohol Testing When a reasonable suspicion exists that an employee is impaired or under the influence of a controlled substance or alcohol, the employee shall be required to undergo a controlled substance and/or alcohol test at the Academy’s expense. The exam shall consist of a urine and/or breath and/or blood test, and may include a physical examination by a physician. Reasonable suspicion includes, but is not limited to, the following: • Vehicle accidents in which the employee was involved during working hours; • Abuse of Academy property; • Personal injury suffered by the employee, injuries caused to others, or damage to another’s property; • Employee behavior problems such as fighting, declining work performance, being argumentative, uncooperative, or otherwise disruptive; • Receipt of written or oral statements by employees or others concerning use of drugs or alcohol by employees or being under the influence; • Possession of any drug, drug container, or drug paraphernalia, or any open alcoholic beverage container during working hours or while on standby duty, in an Academy vehicle, or on Academy property; and, Indications of possible impairment or intoxication include, but are not limited to, the following: • Slurred speech • Disorientation • Job impairment (inability to perform the job in a routine manner) • Odor of alcoholic beverages • Odor of other substances Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 11 • Unsteady gait or balance • Glassy eyes • Drowsiness • Euphoria • Mood swings • Inattentiveness • Excitement or confusion • Irritability • Aggressiveness • Other erratic behavior If an on-the-job accident or an accident occurs and the supervisor determines that reasonable suspicion exists to warrant testing, the employee will be tested for both drugs and alcohol as soon as possible. The supervisor of an employee who is seriously injured and cannot provide a breath or urine specimen at the time of the accident will accompany the employee to the hospital and request that the hospital perform the tests necessary to determine the presence of controlled substances or alcohol in the employee’s body at the time of the accident. The employee will provide the necessary authorization for the Academy to obtain these reports. In a medical emergency, the first consideration will be the health and welfare of the employee. Testing Methods The methods by which substance abuse or alcohol use will be tested may include, but is not limited to, the following: • urinalysis • breath analysis • blood screening Procedures for Administering Tests The Superintendent or designee is authorized to develop, administer, and modify testing procedures as required. A copy of the Westlake Academy Drug and Alcohol Policy (contained in this handbook) shall be provided to the testing facility before any tests are conducted. The testing facility shall comply with the procedures outlined in this policy when conducting tests. The testing facility shall contact the Superintendent whenever it believes it is necessary to amend the testing procedures. A supervisor shall transport the employee to the testing facility where the employee will be required to show positive picture identification. Consequently, employees are required to carry their valid driver’s license with them while at work. Drug Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 12 exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a positive drug test result. The medical facility staff member shall provide the employee with a container. A portion of the urine place in this container shall be used for a second test in case the employee requests a re-test of an initial positive or adulterated result. The specimen shall be produced in a location that provides privacy. Alcohol Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a breath alcohol content equal to or greater than 0.04. The employee’s breath alcohol content shall be analyzed using an Evidential Breath Testing device (EBT) operated by a Breath Alcohol Technician (BAT). The test shall be conducted in a private setting. Medical Examination If the employee is unable to provide adequate breath or urine to conduct testing, the Academy may require the individual to undergo a medical evaluation to develop pertinent information concerning whether the individual’s inability to provide a specimen is genuine or constitutes a refusal to test. The cost of the medical exam shall be paid by the Academy and the employee will remain in a leave without pay status while awaiting the results of the medical exam. Post-Test Procedure The supervisor who makes a determination that reasonable suspicion exists to conduct a drug or alcohol test will prepare a written record of the observations leading to the test within 24 hours of the observation. At the conclusion of the alcohol test, the supervisor will provide instructions to the employee based on the test results and shall immediately hand-deliver the employer’s copy of the results to the Superintendent and the Human Resources Department in a confidential manner. When a drug test is conducted, the employee shall remain off-duty in a leave without pay status pending the results of the exam and any other type of investigation the Academy may conduct. Exam results will be sent confidentially to the Superintendent and the Human Resources Department. Any time a drug test is conducted or when an alcohol test produces a breath alcohol content equal to or greater than 0.02, the supervisor shall ensure that the employee does not drive him or herself home in either them employee’s personal vehicle. Exam Results Confidentiality The results of any drug or alcohol test shall be strictly confidential and shall not be disclosed without the prior written approval of the employee tested unless otherwise required by law. However, nothing in this paragraph will prohibit the lab, the MRO, or testing facility from releasing information relevant to an employee’s test results to the Superintendent and the Human Resources Department. Additionally, only Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 13 those persons in management directly involved in the decision-making process related to the tested employee will obtain any drug or alcohol testing information retained by the Academy. There may be some instances where overriding public health or safety concerns may require the release of information otherwise considered confidential. All records of the Academy are subject to the provisions of the Texas Open Records Act. A copy of the results of the exam shall be supplied to the employee examined, and the original exam results shall be maintained in a locked cabinet in the Human Resources office for a period of at least two (2) years, after which time they may be destroyed. The Human resources Office may, however, maintain the exam results and any reports on individuals who have violated this policy for the purpose of recording the number of violations. Management and supervisory personnel who are authorized to have access to alcohol or drug test results or medical information pertaining to this policy will maintain complete confidentiality regarding this information. Drug Testing Results The employee shall remain off-duty in a leave without pay status until the results of the controlled substances test are received by the Superintendent and Human Resources Department and until any other investigative procedures are complete. If the results are negative and unadulterated, no disciplinary hearing will be held, and the employee will be given back pay as though he worked as previously scheduled for this time. A Medical Review Officer (MRO) shall review and interpret positive and adulterated results obtained from the lab. The MRO will examine the possible alternate medical explanations for any positive test results or adulterated results and give the individual testing positive or the individual with an adulterated test result an opportunity to discuss the test results prior to making a final decision. The MRO may verify an adulterated or positive test result to the Superintendent and Director or Human Resources without having communicated with the employee if the employee expressly declines to discuss the results of the test or if the employee has not contacted the MRO within five (5) days after a documented confidential contact by the Superintendent or Director of Human Resources instructing the employee to contact the MRO. An employee whose urine sample has tested positive for a controlled substance or has an adulterated test result has the option, within 72 hours of being notified by the MRO, of having the other portion of the sample tested at another DHHS-certified laboratory of the MRO’s choice. The Academy will require the employee to pay cash in advance for the cost of shipment and analysis of the urine sample for re-testing. The employee will remain on leave without pay status while awaiting the results of the re-test. If the remaining portion produces a negative unadulterated result, or if for any reason the remaining portion is not available, the test is considered negative, no sanctions will be imposed, and no disciplinary hearing will be held. Additionally, the Academy will reimburse the employee for the expense of the re-test and back wages will be paid as though the employee worked as previously scheduled for this time period. Results that are positive for illegal drug(s) or are adulterated will result in disciplinary action, up to and including termination of the employee. Results that are positive for controlled substances will require documentation from a licensed physician substantiating a valid prescription for that substance. Upon receipt of a positive illegal drug test or an adulterated test result, the Human Resources Office shall confidentially notify the Superintendent shall schedule a disciplinary hearing giving written notice of the date, time, and place of the hearing and a copy of the test results to the employee tested. At the hearing, Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 14 the employee shall have the opportunity to challenge the test results or the testing procedure. If the employee is found to be in violation of this policy, disciplinary action will occur, up to and including termination. Alcohol Testing Results Employees who test below 0.02 breath alcohol concentration may be allowed to return to duty unless the employee’s departmental rules and regulations do not allow an employee’s return to duty with any level of alcohol in his or her system. Employees who test equal to 0.02 but less than 0.04 breath alcohol concentrations may: • be taken home under the provisions of the Post-Testing Procedure and will not be allowed to return to duty for 24 hours after the conclusion of the initial alcohol test; • be placed on leave without pay and will not be allowed to perform any work on behalf of the Academy for the 24-hour period immediately following the alcohol test; • be given a notice of disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results when they return to work and are no longer under the influence; • be allowed to challenge the test results or the testing procedure at the hearing; • be required to submit to unannounced alcohol testing at least six (6) times while on duty during the 12 months immediately following the initial test (the Superintendent will determine when the unannounced tests will be conducted); and, • be terminated if their breath alcohol concentration falls in this range twice in any consecutive 12-month period. Further, an employee will be terminated if his or her breath alcohol concentration falls in this range a total of four (4) times during employment with the Westlake Academy, regardless of any break in service. Employees who test equal to or greater than 0.04 breath alcohol concentration will: • be taken home under the provisions the Post-Testing Procedure; • immediately be placed on leave without pay and will not be allowed to perform any work on behalf of the Academy; • be provided with a notice of a disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results; • be allowed to challenge the test results or the testing procedure at the hearing; and, • be terminated from employment with the Academy if they are found to be in violation of this policy. Employee Cooperation All employees are expected to cooperate in the testing process. Refusal to take a drug or alcohol test or refusal to sign the consent form will be treated the same as a positive controlled substances test result or a breath alcohol content equal to or greater than 0.04. Failure to provide adequate breath or urine specimens for testing without a valid medical explanation is also considered a refusal to submit to testing. Any conduct that clearly obstructs the testing process, such as tampering with a specimen or the testing procedure, including the use of adulterants, will result in termination. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 15 Operation of Vehicles and Equipment Under no circumstances shall an employee operate motor vehicle or motorized equipment while under the influence of drugs or alcohol or under the influence of medication that may affect the employee’s ability to operate such equipment. Additionally, when the supervisor has information from another employee when reasonable suspicion exists (as defined in this policy under Required Drug and/or Alcohol Testing), an employee shall not be allowed to operate any motor vehicle or motorized equipment until the supervisor has investigated the situation and determined if testing for drugs or alcohol is warranted. If the supervisor determines that reasonable suspicion does not exist, the employee will be allowed to return to his or her regular duties. If reasonable suspicion does exist, the employee will be tested in accordance with the Academy’s Procedures for Administering Tests. Fitness for Duty Evaluations Employment-Related Physicals Certain positions may exist where a certain level of fitness and physical well-being are required to perform requisite tasks proficiently and safely. Medical screening of prospective and current employees serves several purposes: 1. Ascertains that employees meet the minimum physical requirements of jobs for which they are hired. 2. Protects existing medical conditions that need corrections or control. 3. Identifies pre-existing medical conditions that need correction or control. 4. Procurement of a healthy, more productive work force. Positions requiring verification of physical fitness must successfully complete a pre-employment physical as the final step in the hiring process. These physicals will be at no cost to the employee. After interview screening has been completed, the applicant selected will be notified of his/her tentative selection and informed that upon successful completion of a physical examination at the Academy’s expense he/she will be hired. The applicant will then obtain authorization and instructions pertaining to the physical from the Human Resources Office. Should the results of the screening and/or examination indicate that a health issue is to be considered, every reasonable accommodation will be made to work with the new employee given the circumstances. Pre-employment physical examination documentation will be maintained in the Human Resources Office as a permanent part of the employee's personnel records. Examination forms for disqualified applicants will be filed with their employment applications. Psychological Evaluations Psychological evaluations may be required as part of the pre-employment screening process or to determine fitness for duty for current employees. All psychological evaluations will be conducted by a designated, licensed health care professional at the Academy’s expense. Pre-employment psychological evaluations may be required for some positions to help determine suitability for work and to identify any psychological trait, factor, or condition, which may significantly interfere with an applicant’s ability to carry out duties for the position for which he/she is applying. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 16 Fitness for duty psychological evaluations may be required of current employees at any time. These evaluations are intended to provide guidance as to the employee’s ability to carry out duties due to psychological factors. The Superintendent may require a psychological evaluation as part of an administrative action for an employee showing behavioral signs of distress or impairment or when mental instability is reasonably suspected. For fitness for duty evaluations, the employee shall receive a written directive from the Superintendent to undergo an evaluation. This order will also contain information related to the date, time, and location of where the evaluation will be conducted. Failure by the employee to report for an evaluation shall result in disciplinary action, up to and including termination. Physical fitness or psychological reports used to determine fitness for duty are to be kept confidential and used only by personnel authorized by the Superintendent. They are only advisory and shall not be the sole basis for administrative decisions. Health Safety Training Certain employees who are involved in physical activities for students may be required to maintain and submit to the Academy proof of current certification in first aid, cardiopulmonary resuscitation (CPR), the use of an automated external defibrillator (AED), concussioin, and extracurricular athletic activity safety. Certification must be issued by the American Red Cross, the American Heart Association, University Interscholastic League or another organization that provides equivalent training and certification. Employees subject to this requirement must submit their certification to the Human Resources Office within 30 days of the date of hire. School nurses and employees with regular contact with students must complete a Texas Education Agency approved, online training regarding seizure disorder aware-ness, recognition, and related first aid. Reassignments and transfers All personnel are subject to assignment and reassignment by the Superintendent or designee if it is determined that the assignment or reassignment is in the best interest of the Academy. Reassignment is a transfer to another position, department, or facility that does not necessitate a change in the employment contract. Extracurricular or supplemental duty assignments may be reassigned at any time unless an extracurricular or supplemental duty assignment is part of a dual-assignment contract. Employees who object to a reassignment may follow the process for employee grievances as outlined in this handbook. An employee with the required qualifications for a position may request a reassignment. All requests for transfer or reassignment are within the sole discretion of the Superintendent. A written request for reassignment be completed and signed by the employee. Requests for transfer during the school year will be considered only when the change will not adversely affect students and after a replacement has been found. All transfer requests will be coordinated and approved by the Superintendent. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 17 Workload and Work Schedules Professional Employees Professional employees and academic administrators are exempt from overtime pay and are employed on a 10-, 11-, or 12-month basis, according to the work schedules set by the Academy. A school calendar is adopted each year designating the work schedule for teachers and all school holidays. Notice of work schedules including required days of service and scheduled holidays will be distributed each school year. Classroom teachers will have planning periods for instructional preparation and conferences. The schedule of planning periods is at least 450 minutes within each two-week period in blocks not less than 45 minutes. Teachers and librarians are allowed a duty-free lunch period of at least 30 minutes. The Academy may require teachers to supervise students during lunch one day a week when no other personnel are available. Paraprofessional and Auxiliary employees Support employees are employed at-will and will be notified of the required duty days, holidays, and hours of work for their position on an annual basis. Paraprofessional and auxiliary employees are not exempt from overtime and are not authorized to work in excess of their assigned schedule without prior approval from their supervisor. Breaks for Expression of Breast Milk Westlake Academy supports the practice of expressing breast milk and makes reasonable accommodations for the needs of employees who express breast milk. A place, other than a multiple user bathroom, that is shielded from view and free from intrusion from other employees and the public where the employee can express breast milk will be provided. A reasonable amount of break time will be provided when the employee has a need to express milk. For nonexempt employees, these breaks are unpaid and are not counted as hours worked. Employees should meet with their supervisor to discuss their needs and arrange break times. Notification to Parents Regarding Qualifications In schools receiving Title I funds, the Academy is also required by the Every Student Succeeds Act (ESSA) to notify parents at the beginning of each school year that they may request information regarding the professional qualifications of their child’s teacher. ESSA also requires that parents be notified if their child has been assigned, or taught for four or more consecutive weeks by, a teacher who is not highly qualified. Texas law also requires that parents be notified if their child is assigned for more than 30 consecutive instructional days to a teacher who does not hold an appropriate teaching certificate. This notice is not required if parental notification under ESSA is sent. Inappropriately certified or uncertified teachers Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 18 include individuals on an emergency permit (including individuals waiting to take a certification exam) or individuals who do not hold any certificate or permit. Information relating to teacher certification will be made available to the public upon request. Outside employment and tutoring Employees who wish to accept outside employment during the school year or engage in other activities for profit, including tutoring, must submit a written request to the Superintendent. Approval from the Superintendent will be based on whether outside employment interferes with regularly assigned duties, that no conflict of interest exists, or other factors as determined by the Superintendent. No tutoring for pay will be allowed on the Westlake Academy campus at any time. Performance evaluations Evaluation of an employee’s job performance is a continual process that focuses on improve ment. Performance evaluation is based on an employee’s assigned job duties and other job-related criteria. Ongoing evaluation of employees will occur throughout the school year for the purposes of providing feedback or correcting performance problems. Written evaluations will be completed on forms approved by the Superintendent or designee. Reports, correspondence, and memoranda may be used to document performance information. Employees will receive a copy of their written evaluation, have a performance conference with their supervisor, and have an opportunity to respond to the evaluation. Employee evaluations will be retained in the employee’s personnel file, located in the Human Resources Office. Staff Development Staff development activities are organized to meet the needs of employees and the Academy. Staff development for instructional personnel is related to achieving performance objectives and approved by the Superintendent. Staff development for noninstructional personnel is designed to meet specific licensing requirements, and continued employee skill development.Individuals holding renewable certificates from the State Board of Educator Certification (SBEC) are responsible for obtaining the required training hours and maintaining appropriate documentation. All teachers will receive the necessary training required to familiarize themselves with the IB educational model and provide a basis for continued professional development. Compensation and Benefits Salaries, Wages, and Stipends Employees are paid in accordance with administrative guidelines and a pay structure established for each position. The Academy’s pay plans are reviewed by the administration each year and adjusted as needed. All positions are classified as exempt or non-exempt according to federal law. Professional employees and academic administrators employed by contract are generally classified as exempt and are paid annual salaries and are not entitled to overtime compensation. Other employess are generally classified as non- exempt and are paid based on hourly wages or provided compensatory time for each authorized overtime hour worked (See Overtime, page 20). Salaries and wages are reviewed on an annual basis and adjusted according to the budgeted amounts approved by the Board of Trustees. All employees will receive written notice of their pay and work Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 19 schedules before the start of each school year. Contracted classroom teachers, full-time librarians, full- time nurses, and full-time counselors will be paid no less than the minimum state salary schedule. Con- tract employees who perform extracurricular or supplemental duties may be paid a stipend in addition to their salary. International Teachers are expected to perform extracurricular duties as assigned by the Superintendent or designee as a condition of receiving an international stipend. Employees should contact the Human Resources Office for more information about the Academy’s pay schedules or their own pay. Paychecks and Paystubs All employees are paid bi-weekly on every other Friday. Paystubs and paychecks will be emailed or mailed to the address on file for the employee. Paystubs or paychecks will not be released to any person other than the Academy employee named on the check without the employee’s written authorization, except as required by law. An employee’s payroll statement contains detailed information including earnings, deductions, and withholding information. Direct Payroll Deposit Employees are encouraged to have their paychecks electronically deposited into their bank account. A notification period of at least 7 business days prior to the next scheduled payday is necessary to activate this service. With direct deposit, an employee’s pay is immediately available on the pay date. Contact the Human Resources Office for more information about the direct payroll deposit. Payroll Deductions Automatic payroll deductions for the Teacher Retirement System of Texas (TRS) and federal income tax are required for all full-time employees. Medicare tax deductions also are required for all employees hired after March 31, 1986. Temporary and part-time employees who are not eligible for TRS membership must have their Social Security contributions deducted. Other payroll deductions employees may elect include deductions for the employee’s share of premiums for health, dental, life, and vision insurance; annuities; and other employer-sponsored benefits. Salary deductions are automatically made for unauthorized or unpaid leave. Annualized Compensation The Academy pays all salaried employees over 12 months regardless of the number of months employed during the school year. Salaried employees will be paid in equal monthly or bimonthly payments, beginning with the first pay period of the school year. Employees that separate after the last day of instruction will continue to receive paychecks through the end of the summer. Timekeeping Accurately recording time worked is the responsibility of every employee, and records should represent actual time worked on the job performing assigned duties. Federal and state law requires that Westlake Academy keep accurate records of time worked in order to calculate employee pay and benefits. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 20 Non-exempt (hourly) employees are required to record actual time worked to their supervisor on a weekly basis, using the Academy’s electronic timekeeping system. It is the immediate supervisor’s responsibility to accurately document and/or verify the time his or her subordinates begin and end their work period, each meal period, split shift, and departure from work for personal reasons. Supervisors will review and approve electronic timesheets before submitting for payroll processing. Timesheets must be approved and received by the Human Resources Department no later than 12:00pm on the Tuesday preceding payday. Each timesheet must be submitted by the employee for supervisor approval, and submission constitutes an electronic signature by the employee indicating that the time recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. All Westlake Academy employees are required to record absences in the Aesop system, regardless of exemption status. Employees leaving the campus for any period of time must record their time out when leaving campus and record their time in upon returning. Overtime Compensation Westlake Academy will compensate non-exempt (hourly) employees for all overtime hours worked, in accordance with federal wage and hour laws. Only non-exempt employees (hourly employees and paraprofessional employees) are entitled to overtime compensation. Non-exempt employees are not authorized to work overtime hours without advance written approval from their supervisor. A non- exempt employee who works overtime without prior approval may be subject to disciplinary action. Overtime is legally defined as all hours worked in excess of 40 hours in a work week and is not measured by the day or by the employee’s regular work schedule. For the purpose of calculating overtime, a workweek begins at 12:00 am on Monday and ends at 11:59pm on Sunday. Employees may be compensated for overtime at time-and-a-half rate with compensatory time off (comp time) or direct pay. The following applies to all nonexempt employees: • Employees can accumulate up to 60 hours of comp time. • Comp time must be used in the duty year that it is earned. • Use of comp time may be at the employee’s request with supervisor approval as workload permits, or at the supervisor’s direction. • An employee may be required to use comp time before using any other available paid leave (e.g., sick, personal, vacation). • Weekly time records will be maintained on all nonexempt employees for the purpose of wage and salary administration. • Comp-time balances cannot be carried over from one school year to the next. Employees will be required to receive a cash payment at their current hourly rate at the end of each school year for unused comp time. Health, dental, and life insurance Group health insurance coverage is provided through TRS-ActiveCare, the statewide public school health insurance program. The Academy’s contribution to employee insurance premiums is determined annually by the Board of Trustees. Employees eligible for health insurance coverage include the following: Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 21 • Employees who are active, contributing TRS members • Employees who are not contributing TRS members and who are regularly scheduled to work at least 10 hours per week TRS retirees who are enrolled in TRS-Care (retiree health insurance program) and employees who are not contributing TRS members who are regularly scheduled to work less than 10 hours per week are not eligible to participate in TRS-ActiveCare. The insurance plan year is from September 1 through August 31. Current employees can make changes in their insurance coverage during open enrollment each spring. Detailed descriptions of insurance coverage, employee cost, and eligibility requirements are provided to all employees in a separate booklet. Employees should contact the Human Resources Office for more information. Supplemental Insurance Benefits Employees may enroll in supplemental insurance programs at their own expense through the Region 11 Benefits Cooperative. Premiums for these programs are paid by payroll deduction. Employees should contact the HR Office for more information. Cafeteria Plan (Section 125) Employees may be eligible to participate in the Cafeteria Plan (Section 125) and, under IRS regulations, must either accept or reject this benefit. This plan enables eligible employees to pay certain insurance premiums on a pretax basis (i.e., dental, disability, accidental death and dismemberment, cancer insurance, and additional term life insurance). Pre-tax deduction eligibility is for each policy by IRS guidelines.New employees must accept or reject this benefit during their first month of employment. All employees must accept or reject this benefit on an annual basis and during the specified open enrollment period. Workers’ Compensation Insurance Westlake Academy, in accordance with state law, provides Workers’ Compensation benefits to employees who suffer a work-related illness or are injured on the job. The Academy has Workers’ Compensation coverage from Travelers Insurance, effective September 1, 2014. Worker’s Compensation benefits help pay for medical treatment and make up for part of the employee’s income lost while recovering. Specific benefits are prescribed by law depending on the circumstances of each case. All work-related accidents or injuries should be reported immediately to the Human Resources Office. Employees who are unable to work due to a work-related injury will be notified of their rights and responsibilities under the Texas Labor Code. (See Worker’s Compensation Benefits, page 29) Unemployment Compensation Insurance Employees who have been laid off or terminated through no fault of their own may be eligible for unemployment compensation benefits. Employees are not eligible to collect unemployment benefits during regularly scheduled breaks in the school year or the summer months if they have employment contracts or reasonable assurance of returning to service. Employees with questions about unemployment benefits should contact the Human Resources Office. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 22 Teacher Retirement (TRS) All personnel employed on a regular basis for at least one-half of the normal work schedule are members of the Teacher Retirement System of Texas (TRS). Substitutes not receiving TRS service retirement benefits who work at least 90 days a year are also eligible for TRS membership and to purchase a year of creditable service. TRS provides members with an annual statement of their account showing all deposits and the total account balance for the year ending August 31, as well as an estimate of their retirement benefits. Employees who plan to retire under TRS should notify the Human Resources Office as soon as possible. Information on the application procedures for TRS benefits are available in the Human Resources Office. Additional inquiries should be addressed to: Teacher Retirement System of Texas, 1000 Red River Street, Austin, TX 78701-2698, or call 800-223-8778 or 512-542-6400. TRS information is also available on the Web (www.trs.state.tx.us). Leaves and Absences Westlake Academy offers employees paid and unpaid leaves of absence in times of personal need. This handbook describes the basic types of leave available and restrictions on leaves of absence. Employees who have personal needs that will require long leaves of absence (5 days or more) are required to notify the Human Resources Office as well as their campus administrator or supervisor. When the need for a long leave is foreseeable, employees must provide a 30-day advance notice. Employees who take an unpaid leave of absence may continue their insurance benefits at their own expense. Health care benefits for employees on authorized leave under the Family and Medical Leave Act will be paid by the Academy, to the same extent as when the employee is working. Otherwise, the Academy does not make benefit contributions for employees who are on unpaid leave. Sick and personal leave is earned on an annual basis. Regular full-time and part-time employees (as opposed to temporary, substitute or seasonal) earn sick and personal leave, and is available for the employee’s use at the beginning of the school/contract year. If an e mployee leaves the Academy before the end of the work year, the cost of any unearned leave days already taken shall be deducted from the employee’s final paycheck. There are currently three categories of accumulated leave that an employee may have: • Local leave • State Personal Leave • State Sick Leave Unless an employee requests a different order, available leave will be used in the following order: • Earned Comp Time • Local Leave • State Leave Employees must follow the Academy procedures to report or request any leave of absence and complete the appropritate form or certification. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 23 Immediate Family. For purposes of leave other than family and medical leave, immediate family is defined as the following: • Spouse • Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in- law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. • Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee. • Sibling, stepsibling, and sibling-in-law • Grandparent and grandchild • Any person residing in the employee’s household at the time of illness or death For purposes of family and medical leave, the definition of family is limited to spouse, parent, son or daughter, and next of kin. Medical Certification. Any employee who is absent more than 5 days because of a personal or family illness must submit a medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and—in the case of personal illness—the employee’s fitness to return to work. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits covered employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that employees and health care providers do not provide any genetic information in any medical certification. ‘Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Continuation of Health Insurance. Employees on an approved leave of absence other than family and medical leave may continue their insurance benefits at their own expense. Health insurance benefits for employees on paid leave and leave designated under the Family and Medical Leave Act will be paid by the Academy as they were prior to the leave. Otherwise, the Academy does not pay any portion of insurance premiums for employees who are on unpaid leave. Under TRS-Active Care rules, an employee is no longer eligible for insurance through the Academy after six months of unpaid leave other than FML. If an employee’s unpaid leave extends for more than six months, the Academy will provide the employee with notice of COBRA rights. State Personal Leave State law entitles all employees to five days of paid personal leave per year. Personal leave is available for use at the beginning of the year. A day of personal leave is equivalent to the number of hours per day in an employee’s usual assignment, whether full-time or part-time an assigned workday. State personal leave accumulates without limit, is transferable to other Texas school districts, and generally transfers to education service centers. Personal leave may be used for two general purposes: nondiscretionary and discretionary. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 24 Nondiscretionary: Leave that is taken for personal or family illness, emergency, a death in the family, or active military service is considered nondiscretionary leave. This type of leave allows very little or no advance planning and will be granted to employees in the same manner as sick leave. Discretionary: Leave that is taken at an employee’s discretion and that can be scheduled in advance is considered discretionary leave. An employee wishing to take discretionary personal leave must submit a notice of the request five (5) days in advance of the anticipated absence to his or her principal or supervisor. The effect of the employee’s absence on the educational program, as well as the availability of substitutes, will be considered by his or her principal or supervisor. Use of discretionary personal leave shall be considered granted unless the principal or supervisor notifies the employee to the contrary, within a reasonable period of time prior to the anticipated absence and stating the reason for denial. Discretionary personal leave may not be taken for more than five consecutive workdays except in extenuating circumstances as approved by the principal or supervisor. Discretionary leave shall not be allowed on the day before a school holiday, the day after a school holiday, days scheduled for end-of-semester or end-of-year exams, days scheduled for exams, state tests (ex: STAAR tests), the first or last day of instruction, nor on professional or staff development days, except with prior approval of the principal or supervisor. Leave Proration: If an employee separates from employment with the Academy before his or her last duty day of the year, or begins employment after the first duty day, state personal leave will be prorated based on the actual time employed. When an employee separates from employment before the last duty day of the school year, the employee’s final paycheck will be reduced by the amount of state personal leave the employee used beyond his or her pro rata entitlement for the school year. Local Leave Local leave is earned at a rate of one-half workday for each 18.7 days of employment, up to a maximum of seven (7) days per year. A day of earned local leave is equivalent to an assigned workday. There is no limit on the accumulation of local leave, and local leave is not transferrable to other Texas school districts or education service centers. Local leave can be used only in whole or half-day increments, except when coordinated with family and medical leave taken on an intermittent or reduced-schedule basis, or with Workers’ Compensation benefits. Local leave cannot be combined with scheduled holidays, staff development days, or days scheduled for state tests (ex: STAAR tests). Unauthorized absences under this policy will result in payroll deductions for any day(s) missed. State Sick Leave State sick leave accumulated before 1995 is available for use and may be transferred to other school districts in Texas. State sick leave can be used only only in whole or half-day increments, except when coordinated with family and medical leave taken on an intermittent or reduced-schedule basis or when Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 25 coordinated with workers’ compensation benefits. State sick leave may be used for the following reasons only: • Employee illness • Illness in the employee’s immediate family • Family emergency (i.e., natural disasters or life-threatening situations) • Death in the immediate family • Active military service Other Local Leave (Community Sick Leave Program) The Community Sick Leave Program provides employees with additional sick leave days in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested only after the member has exhausted all accumulated sick, vacation, and personal leave as well as any comp time banked by non-exempt employees. Should any employee experience a catastrophic illness or injury, an application may be made for additional leave after exhausting all paid time off and after incurring five unpaid days. If the application meets the policy’s criteria, the HR Department will solicit direct donations for that employee, who remains anonymous during the process. Employees donating sick leave will be required to fill out a form with the number of sick leave hours they wish to donate and forward the forms to the HR office. If the amount of sick leave donations exceeds the amount needed, the excess is refunded back to the donating employees on a pro-rated basis. Written policies and procedures governing this benefit are available in the Human Resources Office. Compensated Holidays All non-exempt (hourly) employees who are regularly scheduled to work 260 days (12 months) will receive ten (10) paid holidays throughout the school year. Employees shall be compensated at their regular hourly rate and for the regularly scheduled number of hours. Observed holidays for non-exempt (hourly) 260-day employees include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year’s Day, January 1st Martin Luther King, Jr. Day in January President’s Day in February Memorial Day in May Independence Day, July 4th Labor Day, 1st Monday of September Holidays that fall on Saturday shall normally be observed on the preceding Friday and holidays that fall on Sunday shall normally be observed on the following Monday. Employees working less than 260 days (12 months) per year are not eligible to receive paid holidays. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 26 Family Medical Leave (FMLA) – General Provisions The following text is from the federal notice, Employee Rights and Responsibilities Under the Family and Medical Leave Act. Specific information that the Academy has adopted to implement the FMLA follows this general notice. The following text is from the federal notice, Employee Rights and Responsibilities Under the Family and Medical Leave Act. Specific information that the Academy has adopted to implement the FMLA follows this general notice. FMLA Leave Entitlements. FMLA requires covered employers to provide eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons: • The birth of a child or placement of a child for adoption or foster care; • To bond with a child (leave must be taken within 1 year of the child’s birth or placement); • To care for the employee’s spouse, child, or parent who has a qualifying serious health condition; • For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job; • For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent. An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings to care for the servicemember with a serious injury or illness. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule. Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies. Benefits and Protections. While employees are on FMLA leave, the employer must maintain the employee’s health coverage as if the employee were not on leave. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 27 Eligibility Requirements. An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must: • Have worked for the employer for at least 12 months; • Have at least 1,250 hours of service in the 12 months before taking leave; and • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. Eligibility Requirements. Employees are eligible if they have worked 1,250 hours or more over the previous 12 months. Definition of Serious Health Condition. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Requesting Leave. Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures. Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required. Employer Responsibilities. Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility. Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave. Enforcement. Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 28 The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300 (a) may require additional disclosures. For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 www.wagehour.dol.gov Local Family and Medical Leave Provisions Eligible employees can take up to 12 weeks of unpaid leave in the 12-month period measured forward from the date an individual employee’s first FML begins. Use of Paid Leave. FML runs concurrently with accrued sick and personal leave, temporary disability leave, compensatory time, assault leave, and absences due to a work-related illness or injury. Westlake Academy will designate the leave as FML, if applicable, and notify the employee that accumulated leave will run concurrently. Combined Leave for Spouses. Spouses who are employed by Westlake Academy are limited to a combined total of 12 weeks of FML to care for a parent with a serious health condition; or for the birth, adoption, or foster placement of a child. Military caregiver leave for spouses is limited to a combined total of 26 weeks. Intermittent Leave. When medically necessary or in the case of a qualifying exigency, an employee may take leave intermittently or on a reduced schedule. Westlake Academy does not permit the use of intermittent or reduced-schedule leave for the care of a newborn child or for adoption or placement of a child with the employee. Fitness for Duty. An employee that takes FML due to the employee’s own serious health condition shall provide, before resuming work, a fitness-for-duty certification from the health care provider. If certification of the employee’s ability to perform essential job function is required, the Academy shall provide a list of essential job functions (e.g., job description) to the employee with the FML designation notice to share with the health care provider. Reinstatement. An employee returning to work at the end of FML will be returned to the same position held when the leave began or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. In certain cases, instructional employees desiring to return to work at or near the conclusion of a semester may be required to continue on family and medical leave until the end of the semester. The additional time off is not counted against the employee’s FML entitlement, and the Academywill maintain the employees group health insurance and reinstate the employee at the end of the leave. Failure to Return. If, at the expiration of FML, the employee is able to return to work but chooses not to do so, the Academy may require the employee to reimburse the employer’s share of insurance premiums paid during any portion of FML when the employee was on unpaid leave. If the employee fails to return to work for a reason beyond the employee’s control, such as a continuing personal or family serious health condition or a spouse being unexpectedly transferred more than 75 miles from the Academmy, the Academyt may not require the employee to reimburse the employer’s share of premiums paid. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 29 Contact Information. Employees that require FML or have questions should contact the Human Resources Department for details on eligibility, requirements, and limitations. Temporary disability Certified employees. Any full-time employee whose position requires certification from the State Board for Educator Certification (SBEC) is eligible for temporary disability leave. The purpose of temporary disability leave is to provide job protection to full-time educators who cannot work for an extended period of time because of a mental or physical disability of a temporary nature. Temporary disability leave must be taken as a continuous block of time. It may not be taken intermittently or on a reduced schedule. A full-time educator may request to be placed on temporary disability leave or be placed on leave. Pregnancy and conditions related to pregnancy are treated the same as any other temporary disability. Employees must request approval for temporary disability leave. The leave request must be accompanied by a physician’s statement confirming the employee’s inability to work and estimating a probable date of return. If disability leave is approved, the length of leave is no longer than 180 days. If disability leave is not approved, the employee must return to work or be subject to termination procedures. If an employee is placed on temporary disability leave involuntarily, he or she has the right to request a hearing before the Board of Trustees. The employee may protest the action and present additional evidence of fitness to work. When an employee is ready to return to work, the Human Resources Office should be notified at least 30 days in advance. The return-to-work notice must be accompanied by a physician’s statement confirming that the employee is able to resume regular duties. Professional employees returning from leave will be reinstated to the school to which they were previously assigned as soon as an appropriate position is available. If a position is not available before the end of the school year, professional employees will be reinstated at the beginning of the following school year. Workers’ Compensation Benefits An employee absent from duty because of a job-related illness or injury may be eligible for workers’ compensation weekly income benefits if the absence exceeds seven calendar days. An employee receiving workers’ compensation wage benefits for a job-related illness or injury may choose to use accumulated paid leave benefits. An employee choosing to use paid leave will not receive workers’ compensation weekly income benefits until all paid leave is exhausted or to the extent that paid leave does not equal the pre-illness or -injury wage. If the use of paid leave is not elected, then the employee will only receive workers’ compensation wage benefits for any absence resulting from a work- related illness or injury, which may not equal his or her pre-illness or pre-injury wage. In the event of illness or injury, employees are encoraged required to utilize medical service providers within the workers’ compensation insurance network. In the event an employee chooses to use an out-of network provider (except in life-threatening, emergency situations), that employee may be responsible for any charges that exceed the network-approved amount. All employees will be required to sign an acknowledgement form affirming this requirement prior to beginning employment. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 30 Assault leave Assault leave provides extended job income and benefits protection to an employee who is injured as the result of a physical assault suffered during the performance of his or her j ob. An incident involving as assault is a work-related injury, and should be immediately reported to the Executive Director and the Human Resources Office. An injury is treated as an assault if the person causing the injury could be prosecuted for assault or could not be prosecuted only because that person’s age or mental capacity renders the person non-responsible for purposes of criminal liability. An employee who is physically assaulted at work may take all the leave time medically necessary (up to two years) to recover from the physical injuries he or she sustained. At the request of an employee, the Academy will immediately assign the employee to assault leave. Days of leave granted under the assault leave provision will not be deducted from accrued personal leave and must be coordinated with workers’ compensation benefits. Upon investigation the Academy may change the assault leave status and charge leave used against the employee’s accrued paid leave. The employee’s pay will be deducted if accrued paid leave is not available. Bereavement Leave Use of state leave and/or local sick leave for death in the immediate family shall not exceed five (5) workdays per occurance, subject to the approval of the Superintendent. Jury Duty The Academy provides paid leave to employees who are summoned to jury duty or grand jury duty, hereafter, “jury duty”. Employees who report to the court for jury duty may keep any compensation the court provides. An employee should report a summons for jury duty to his or her supervisor as soon as it is received and may be required to provide the Academy a copy of the summons to document the need for leave. An employee may be required to report back to work as soon as they are released from jury duty. The supervisor may consider the travel time required and the nature of the individual’s position when determining the need to report to work. A copy of the release from jury duty or documentation of time spent at the court may be required. Compliance with a Subpoena Employees will be paid while on leave to comply with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding and will not be required to use personal leave. Employees may be required to submit documentation of their need for leave for court appearances. Truancy Court Appearances An employee who is a parent, guardian of a child, or a court-appointed guardian ad litem of a child who is required to miss work to attend a truancy court hearing may use personal leave or compensatory time for the absence. Employees who do not have paid leave available will be docked for any absence required because of the court appearance. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 31 Religious Observance The Academy will reasonably accommodate an employee’s request for absence for a religious holiday or observance. Accommodations such as changes to work schedules or approving a day of absence will be made unless they pose an undue hardship to the Academy. The employee may use any accumulated personal leave for this purpose. Employees who have exhausted applicable paid leave may be granted an unpaid day of absence. Military leave Paid leave for military service. Any employee who is a member of the Texas National Guard, Texas State Guard, or reserve component of the United States Armed Forces, or a member of a state or federally authorized Urban Search and Rescue Team will be granted a paid leave of absence without loss of any accumulated leave for authorized training or duty orders. Paid military leave will not exceed 15 days each federal fiscal year (September 1–August 31). In addition, an employee is entitled to use available state and local personal or sick leave during a time of active military service. Reemployment after military leave. Employees who leave the Academy to enter into the United States uniformed services or who are ordered to active state military duty (Texas National Guard or Texas State Guard) may return to employment if they are honorably discharged. Employees who wish to return to the Academy will be reemployed provided they can be qualified to perform the required duties. To be eligible for reemployment, employees must provide notice of their obligation or intent to perform military service, provide evidence of honorable discharge or release, and submit an application for reemployment to the Superintendent or the Human Resources Office. In most cases, the length of federal military service cannot exceed five years. Continuation of health insurance. Employees who perform service in the uniformed services may elect to continue their health plan coverage at their own cost for a period not to exceed 24 months. Employees should contact the Human Resources Office for details on eligibility, requirements, and limitations. Employee Relations and Communications Employee recognition and appreciation Continuous efforts are made throughout the year to recognize employees who make an extra effort to contribute to the success of the Academy. Employees are recognized at board meetings, and through special events and activities. Employee Complaints and Grievances In the interest of employee efficiency and morale, Westlake Academy employees shall have the opportunity to discuss complaints and grievances with their employer after decisions are made which give rise to complaint or grie vance. In order to ensure this opportunity, the following shall apply: PURPOSE - The purpose of this procedure shall be to settle matters on as low an administrative level as possible, as soon as possible after the applicable event, and to discover, when ever possible, mutually satisfactory solutions to problems which arise. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 32 COMPLAINT AND GRIEVANCE DEFINED - A "complaint" is an allegation that an employee's nonspecific employment conditions have been adversely affected . A "grievance" is an allegation tha t rights or benefits specifically provided by law, policy, personnel rule, or previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied or misapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary employees may use this procedure, except in cases involving their performance evaluation or discharge . However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's age, sex, race, religion, nat ional origin, or handicap condition, the employee shall have the right to such relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee's age, sex, race, religion, national origin, or handicap condition shall have the right to file an equal employment opportunity (EEO) complaint directly with the Superintendent . Procedure The following procedure shall be followed in the event an employee desires to present a complaint or grievance. A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after complained of events occur . With the exception of E EO complaints, including complaints of sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, or from the time the employee first b ecame aware (or with the exercise of reasonable diligence should have become aware) of its occurrence, in order to be considered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had oc curred. 1. First Step: Oral Presentation . All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to be taken directly to the Superintendent) In this first step, the complaint or grievance shall be thoroughly discussed by the parties in order that every effort can be made to resolve the matter to the mutual satisfaction of employee and supervisor . Should this informal first step be considered unsatisfactory, the employee shall have the right to then file a formal written complaint or grievance as set out in the second step to this procedure, in B 2 below. 2. Second Step: Written Presentation . If the oral presentation as provided for in the first step fail s to resolve the matter, the employee shall have the right, within five (5) working days after the discussion with the immediate supervisor, to file a formal written complaint or grievance with the employee's supervisor or Principal of Section. In presenting the written complaint or grievance the following information must be stated within reasonable clarity: • the nature of the matter Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 33 • the act or acts of commission or omission out of which the dispute arose ▪ the exact date (if uncertain, the approximate date) of the act or acts of commission or omission • the identity of the employee who claims to be harmed • the identity of the party or parties alleged to have caused the problem • the remedy which is sought. Within five (5) working days of receipt of the written complaint or grievance, the supervisor or Section Principal shall meet with the employee and the employee's immediate supervisor to discuss the matter . In the effort to resolve the matter, the complaint or grievance at this step shall be thoroughly discu ssed by all parties involved . The decision by the supervisor or Section Principal , whether reached during this discussion or afterward, shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only: Complaints shall not be submitted to any further appeal under this procedure beyond this step . However, the written record of each complaint submitted under this procedure shall be submitted to the Superintendent for review. The Superintendent reserves the right to consider any complaint submitted. (ii) Grievance Matters Only. Should the decision of the supervisor or Section Principal be unsatisfactory to the aggrieved employee, the employee may, within five (5) working days after receipt of the decision, appeal the decision to the Superintendent as set out below. 3. Appeal to the Superintendent . Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above, the Superintendent shall notify the aggrieved employee and the emp loyee's department head as to whether or not the request shall be granted. The Superintendent may utilize an additional 10 days beyond this period, at his or her sole discretion. Should the Superintendent decide not to hear the grievance on appeal, the decision of the supervisor or Section Principal shall be final . Should the Superintendent agree to hear the grievance on appeal, the Superintendent shall schedule a meeting with all parties to discuss the grievance . The decision of the Superintendent , whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten (10) working days of the meeting . The decision of the Superintendent shall be final. C. COMPLAINT OR GRIEVANCE AGAINST SUPERVISORS OR P RINCIPALS - In the event that an employee's immediate supervisor is the employee's supervisor or Section Principal, the written complaint or grievance as set out in B 2 above may be presented directly to the Superintendent . D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee . Provided, however, that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the Superintendent . E. WORKING DAYS DEFINED - Working days under this procedure shall be defined as the scheduled workdays of the complainant/aggrieved employee through step B 2 . Working days at step B 3 shall be defined as the normal work days scheduled for the Superintendent. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 34 F. INAPPLICABILITY - This procedure does not apply to any position filled directly by the Board of Trustees. G. FREEDOM FROM REPRISAL - Employees wishing to file a complaint or grievance under this procedure shall be assured of freedom from restraint, interference, or reprisal from their supervisors or other employees. H. EFFECT OF PROCEDURE - The existence of and access to this procedure shall not constitute any limitation on the rights of the Westlake Academy to manage its affairs . All employees hold their positions at the will and pleasure of the Academy and such positions may be terminated or otherwise adversely affected with or without cause. I. CONSTITUTION AL RIGHTS OF EMPLOYE ES – Although the Superintendent is the final level of authority in the grievance process, this policy does not affect, infringe, inhibit, or deny any employee’s rights, if any, to have their complaints or concerns heard by the Board of Trustees. Employee Conduct and Welfare Standards of Conduct The attitude and behavior of all employees is seen as a direct reflection of Westlake Academy, its programs and policies. Employees should at all times present themselves in such a manner as to promote good will and a favorable attitude of the general public toward Westlake Academy. All employees are expected to work together in a cooperative and professional manner to serve the best interests of the Academy and to be courteous to students, one another, and the public. Expectations of professional conduct for employees include, but are not limited to, the following: • Demonstate professional conduct and courtesy at all times in the workplace and in public. • Recognize and respect the rights and property of the public, students, and co-workers and maintain confidentiality in all matters relating to students and co-workers. • Report to work according to the assigned schedule. • Follow proper protocols in accordance with the Academy’s policies, procedur es, and organizational stucture. • Faithfully perform all assigned duties with high ethical standards. • Notify immediate supervisors in advance (or as early as possible) if absent or late . Unauthorized absences, chronic absenteeism, tardiness, and failure to follow procedures for reporting an absence may be cause for disciplinary action. • Know and comply with all Academy procedures and policies. • Observe all safety rules and regulations and report injuries or unsafe conditions to a supervisor immediately. • Use Academy time, funds, and property for authorized Academy business or activities only. • Discuss or share information related to Academy businessto appropriate or authorized parties only. Unprofessional Behavior and Misconduct Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 35 Unprofessional behavior and/or misconduct compromises the best interests of the Academy and the safety of all students, staff, parents, and visitors. Violation of any provision of this policy may result in disciplinary action, up to and including termination of employment. Examples of misconduct include, but are not limited to, the following: • Violation of Academy rules, regulations, policies or procedures. • Unsatisfactory performance or conduct. • Theft of, unauthorized removal of, or unauthorized possession or use of school property. • Falsification, unauthorized use, or unauthorized disclosure of official Academy documents, records, or information. • Being unruly, disruptive, threatening violence, or fighting. • Willful disobedience of a legal directive issued by a supervisor. • Displaying any disrespectful, insolent, or abusive acts towards another employee, parent, volunteer, or member of the Westlake Academy Board of Trustees. • Wasting or damaging school equipment, property, supplies, or resources. • Unauthorized absence from the workstation or classroom. • Use of any Westlake Academy resource for personal benefit. • Unlawful treatment of persons protected by federal law due to their sex, age, religion, race, ethnic background, or disability status. • Sexual or other form of unlawful harassment. • Conviction of a felony or any other criminal history that is prohibited by Academy policy. • Insubordination. • Fraudulent timekeeping. • Use, possession, or being under the influence of a controlled substance without proper written medical authorization; misuse of prescribed medication, ingestion or being under the influence of an alcoholic beverage in an Academy-owned, leased, or rented vehicle, while operating Academy equipment, or while on call or on standby duty; ingestion of an alcoholic beverage during working hours or on Academy property. • Unauthorized or improper use of official authority. • Illegal, unethical, abusive, or unsafe acts. • Failure to use available safety equipment, including seat belts, or disregard for the safety of others. • Refusal to sign a form acknowledging receipt of the Westlake Academy Personnel Manual or job description. • Use of cell phones or other non-educational electronic devices outside of break times without prior authorization. • Disruptive or distracting behavior during staff meetings, workshops, or training sessions. • Possession of contraband while at work or on Westlake Academy property, which includes but is not limited to: drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. • Making false accusations or knowingly providing false information about a student’s or another employee’s behavior or actions. • Unauthorized absences, chronic absenteeism, tardiness, or failure to follow procedures for reporting absences. • Violation of any of the provisions of this Handbook. All Academy employees should perform their duties in accordance with state and federal law, Academy policies and procedures, and ethical standards. Violation of policies, regulations, or guidelines, including Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 36 intentionally making a false claim, offering false statements, or refusing to cooperate with a district investigation may result in disciplinary action, including termination. Alleged incidents of certain misconduct by educators, including having a criminal record, must be reported to SBEC not later than the seventh day after the superintendent knew of the incident. See Reports to Texas Education Agency, page 60 for additional information. The Code of Ethics and Standard Practices for Texas Educators, adopted by the State Board for Educator Certification, shall apply to all Academy employees, and is reprinted on page 48. Dress Code Westlake Academy is a public “service” organization; employees are in constant contact with students, parents, guests, citizens, outside business/professional representatives, and the general public. Employees shall act as role models by exemplifying the highest standard of professional appearance for the educational purposes of teaching community values and proper grooming and hygiene. Dress and Grooming: General Guidelines: The dress and grooming of Westlake Academy employees shall be clean, neat, in a manner appropriate for their assignments, and in accordance with the following standards: • Dresses, skirts, and all outer garments should be of a professional length, falling at or just above the knee or longer. Skirts or any clothes that are too tight, too short or too revealing are not appropriate for the workplace • Halters, tank tops, see-through garments, or clothing with revealing/provocative necklines, bare backs, bare midriff, or spaghetti straps shall not be permitted. In addition, clothing with symbols, phrases, or slogans advertising tobacco, alcohol products, or any controlled substances are unacceptable. • If shirttails are made to be worn tucked in, they must be tucked in. If worn in, and pants are designed to be worn with a belt, belts or suspenders shall be worn. • No hats, caps or other head coverings shall be worn inside the building. • Hair shall be clean, neatly trimmed, and well-groomed. • Beards and mustaches shall be allowed if they are neatly trimmed. • Footwear shall appropriately compliment the style and standards of dress as defined in this policy. No flip flops or slippers are permitted. • Clothing that reveals undergarments is prohibited. • Hemlines for skirts and dresses should be long enough not to be distracting. • Shorts, leggings, warm-ups, spandex or similar tight pants, exercise clothes, or any garment that may appear to be an undergarment are unacceptable. • Jeans may be worn on days designated by the principal or supervisor, designated spirit days, and teacher in-service days. • Male instructional staff shall be expected to wear slacks and collared shirts or other appropriate professional attire. Ties are encouraged and may be required by the Superintendent or designate. Acceptable alternatives for shirt and tie are shirt and pullover sweater or turtleneck sweater and sport coat. • Office personnel are generally expected to wear business casual attire. The appropriate dress for men is slacks or khakis, dress pullovers, or a button down shirt. Ties are optional, but should be worn when representing the Academy at public meetings or functions, unless otherwise notified. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 37 Acceptable alternatives for shirt and tie are shirt and pullover sweater or turtleneck sweater and sport coat. Acceptable attire for women is dress slacks or khakis, blouses, skirts, and pant suits. • Jewelry shall not be worn in a visible pierced area other than the ear. Exceptions to Guidelines The following exceptions apply to these guidelines: • Physical Education staff may choose to wear appropriate attire, approved by the Superintendent or designee, during the physical education instructional periods. • Instructors in certain courses, such as art or science courses, may wear aprons, smocks, or other protective garments during instructional periods where such garments may be appropriate. • Auxiliary employees in maintenance, custodial, transportation, food service, and positions requiring uniforms are exempted from the general guidelines, but shall comply with dress and grooming guidelines specified by their supervisors. Exceptions to these general guidelines may be made by the Superintendent or designee, as necessary. Employee requests for such exceptions shall be made in writing, and will be considered on a case-by-case basis. This policy may be revised by the Superintendent at any time. Discrimination, Harassment, and Retaliation It is the policy of Westlake Academy to prohibit harassment, including sexual harassment, in the workplace by any person in any form. Employees shall not engage in prohibited harassment, including sexual harassment, of other employees, unpaid interns, student teachers, or students. While acting in the course of their employment, employees shall not engage in prohibited harassment of other persons, including board members, vendors, contractors, volunteers, students, or parents. A substantiated charge of harassment will result in disciplinary action. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal, written, visual or physical. It refers to behavior that is not welcome, that is personally offensive, that lowers morale, and that, therefore, interferes with our work effectiveness. Sexual harassment is also a violation of Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to sexually harass another. Examples of sexual harassment include, but are not limited to the following: Verbal • unwelcome comments about appearance • sexual jokes • sexually explicit, derogatory, or otherwise offensive language • humor and jokes about sex or gender-specific traits • unwelcome and repeated flirtations, propositions, or advances Non-Verbal • suggestive or insulting sounds • leering • whistling • obscene gestures Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 38 • display in the workplace of sexually-suggestive objects or pictures that use gender-based stereotypes in a derogatory manner. Physical • touching • pinching • "brushing" the body • coerced sexual intercourse • other sexual contact Written • suggestive notes or other written/electronic communications Employees who believe they have been discriminated, retaliated against, or harassed are encouraged to promptly report such incidents to the Superintendent or the Human Resources Office. A complaint against the Superintendent may be made directly to the Board of Trustees. All complaints shall be investigated in a timely manner. If appropriate, the Academy shall promptly take interim action to prevent harassment during the course of an investigation. The investigation may be conducted by the Director of Human Resources or by a third party designated by the Academy. The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations. The Academy's obligation to conduct an investigation is not satisfied by the fact that a criminal or regulatory investigation regarding the same or similar allegations is pending. Absent extenuating circumstances, the investigation should be completed within 10 (ten) business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation. In the event that a thorough investigation of an alleged incident of sexual harassment reveals that an employee has engaged in actions or conduct constituting sexual harassment, disciplinary action will be taken, up to and including termination. Given the nature of this type of discrimination, false accusations of sexual harassment can have serious effects on innocent employees. All employees should act responsibly in making such accusations. False accusations that are determined to be intentional in nature will be investigated,and will be subject to the same disciplinary actions. Employees will be required to attend a sexual harassment training session during their introductory period of employment. Harassment of Students Harassment in any form in prohibited, including but not limited to verbal, psychological, sexual, and physical harassment. Sexual and other harassment of students by employees are forms of discrimination and are prohibited by law. Romantic or inappropriate social relationships between students and Academy employees are prohibited. Employees who suspect a student may have experienced harassment are obligated to report their concerns to the Superintendent or other appropriate official. All allegations of harassment or abuse of a student will be reported to the student’s parents and promptly investigated. An employee who knows of or suspects child abuse must also report his or her knowledge or suspicion to the appropriate authorities, as required by law. See Reporting Suspected Child Abuse, page 40 for additional information. The Academy’s policy that includes definitions and procedures for reporting and investigat- ing harassment of students are as follows: Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 39 Sexual harassment of a student by an Academy employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: 1. An Academy employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or 2. The conduct is so severe, persistent, or pervasive that it: a. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or b. Creates an intimidating, threatening, hostile, or abusive educational environment. Romantic or inappropriate social relationships between students and Academy employees are prohibited. Any sexual relationship between a student and an Academy employee is always prohibited. Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it: 1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment; 2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or 3. Otherwise adversely affects the student's educational opportunities. Examples of sexual harassment of a student may include, but are not limited to, sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact. Necessary or permissible physical contact such as assisting a child by taking the child's hand, comforting a child with a hug, or other physical contact not reasonably construed as sexual in nature is not sexual harassment. Any student who believes that he or she has experienced harassment should immediately report the alleged acts to a teacher, counselor, or other Academy employee. Any Academy employee who receives notice that a student has or may have experienced harassment is required to immediately report the alleged acts to the Superintendent. Any other person who knows or believes that a student has experienced harassment should immediately report the alleged acts to the Superintendent. Reports of known or suspected child abuse or neglect shall be made as required by law, and shall be made as soon as possible after the alleged acts. A failure to promptly report alleged harassment may impair the Academy's ability to investigate and address the harassment allegation. Oral or written reports of prohibited harassment shall normally be made to the Superintendent. A person shall not be required to report harassment to the alleged harasser; nothing in this policy prevents a person from reporting harassment directly to the Superintendent. A report against the Superintendent may be made to the Board. Upon receipt of a report of harassment, the Board shall promptly notify the parents of any student alleged to have experienced prohibited harassment by an Academy employee or another adult associated with the school. In cases of student-to- Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 40 student harassment, the Academy shall promptly notify the parents of any student alleged to have experienced harassment when the allegations presented, if proven, would constitute sexual harassment or other prohibited harassment as defined by the Academy’s policy. To the extent allowed by law, the Academy shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. The Superintendent may request a written report. If a report is made orally, the Superintendent shall reduce the report to written form. Upon receipt or notification of a report, the Superintendent shall determine whether the allegations, if proven, would constitute sexual harassment or other harassment as defined by this policy. If so, the Superintendent shall immediately authorize or undertake an investigation. If appropriate, the Academy shall promptly take interim action to prevent harassment during the course of an investigation. The investigation may be conducted by Superintendent, or by a third party designated by the Academy. The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations. The Academy's obligation to conduct an investigation is not satisfied by the fact that a criminal or regulatory investigation regarding the same or similar allegations is pending. Absent extenuating circumstances, the investigation should be completed within ten business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation. Reporting Suspected Child Abuse All employees are required by state law to report any suspected child abuse or neglect, as defined by Texas Family Code §26.001, to a law enforcement agency, Child Protective Services (CPS), or appropriate state agency (e.g., state agency operating, licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion. Alleged abuse or neglect involving a person responsible for the care, custody, or welfare of the child (including a teacher) must be reported to CPS. Employees are also required to make a report if they have cause to believe that an adult was a victim of abuse or neglect as a child and they determine in good faith that the disclosure of the information is necessary to protect the health and safety of another child, elderly person, or person with a disability. Reports to Child Protective Services can be made online at https://www.txabusehotline.org/Login/Default.aspx to a local field office or to the Texas Abuse Hotline (800-252-5400). State law specifies that an employee may not delegate to or rely on another person or administrator to make the report. Under state law, any person reporting or assisting in the investigation of reported child abuse or neglect is immune from liability unless the report is made in bad faith or with malicious intent. In addition, the district is prohibited from retaliating against an employee who, in good faith, reports child abuse or neglect or who participates in an investigation regarding an allegation of child abuse or neglect. An employee’s failure to report suspected child abuse may result in prosecution as a Class A misdemeanor. The offense of failure to report by a professional may be a state jail felony if it is shown the Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 41 individual intended to conceal the abuse or neglect. In addition, a certified employee’s failure to report suspected child abuse may result in disciplinary procedures by SBEC for a violation of the Texas Educators’ Code of Ethics. Employees who suspect that a student has been or may be abused or neglected should also report their concerns to the campus principal. This includes students with disabilities who are no longer minors. Employees are not required to report their concern to the principal before making a report to the appropriate agency. Reporting the concern to the principal does not relieve the employee of the requirement to report it to the appropriate state agency. In addition, employees must cooperate with investigators of child abuse and neglect. Interference with a child abuse investigation by denying an interviewer’s request to interview a student at school or requiring the presence of a parent or school administrator against the desires of the duly authorized investigator is prohibited. Child Sexual Abuse and Maltreatment of Children As an employee, it is important for you to be aware of warning signs that could indicate a child may have been or is being sexually abused or maltreated. Sexual abuse in the Texas Family Code is defined as any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as a failure to make a reasonable effort to prevent sexual conduct with a child. Maltreatment is defined as abuse or neglect. Anyone who suspects that a child has been or may be abused or neglected has a legal responsibility under state law for reporting the suspected abuse by following the procedures described above in Reporting Suspected Child Abuse. Reporting Crime The Texas Whistleblower Act protects employees who make good faith reports of violations of law by the district to an appropriate law enforcement authority. The district is prohibited from suspending, terminating the employment of, or taking other adverse personnel action against, an employee who makes a report under the Act. State law also provides employees with the right to report a crime witnessed at the school to any peace officer with authority to investigate the crime. Personal Use of Electronic Communications Electronic media includes all forms of social media, such as text messaging, instant messaging, electronic mail (e-mail), Web logs (blogs), wikis, electronic forums (chat rooms), video-sharing websites (e.g., YouTube), editorial comments posted on the Internet, and social network sites (e.g., Facebook, Twitter, Instagram, LinkedIn). Electronic media also includes all forms of telecommunication such as landlines, cell phones, and Web-based applications. As role models for the Academy’s students, employees are responsible for their public conduct even when they are not acting as Academy employees. Employees will be held to the same professional standards in their public use of electronic media as they are for any other public conduct. If an employee’s use of electronic media interferes with the employee’s ability to effectively perform his or her job duties, the employee is subject to disciplinary action, up to and including termination of employment. If an employee wishes to use a social network site or similar media for personal purposes, the employee is responsible for the content on the employee’s page, including content added by the employee, the employee’s friends, or Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 42 members of the public who can access the employee’s page, and for Web links on the employee’s page. The employee is also responsible for maintaining privacy settings appropriate to the content. An employee who uses electronic media for personal purposes shall observe the following: • The employee may not set up or update the employee’s personal social network page(s) using the Academy’s computers, network, or equipment. • The employee shall not use the Academy’s logo or other copyrighted material of the Academy without express, written consent. • The employee shall limit use of personal electronic communication devices to send or receive calls, text messages, pictures, and videos to breaks, meal times, and before and after scheduled work hours, unless there is an emergency or the use is authorized by a supervisor to conduct Westlake Academy business. • An employee may not share or post, in any format, information, videos, or pictures obtained while on duty or on district business unless the employee first obtains written approval from the employee’s immediate supervisor. Employees should be cognizant that they have access to information and images that, if transmitted to the public, could violate privacy concerns. • The employee continues to be subject to applicable state and federal laws, local policies, administrative regulations, and the Code of Ethics and Standard Practices for Texas Educators, even when communicating regarding personal and private matters, regardless of whether the employee is using private or public equipment, on or off campus. These restrictions include: i. Confidentiality of student records. ii. Confidentiality of health or personnel information concerning colleagues, unless disclosure serves lawful professional purposes or is required by law. iii. Confidentiality of Academy records, including educator evaluations and private e-mail addresses. iv. Copyright law v. Prohibition against harming others by knowingly making false statements about a colleague or the school system. See Use of Electronic Media with Students, on page 46, for regulations on employee communication with students through electronic media. Information Technology Systems Policy This policy establishes rules governing the use of Information Technology systems. These systems include Internet services, electronic communication systems, telephone communication systems, email, voicemail, facsimiles, cellular phones, computer network, and computer directories and files. Information Technology Systems are provided by Westlake Academy for business use. Employees should not expect privacy with respect to any of their activities using these systems . Westlake Academy reserves the right to review any files, messages, or communications sent, received or stored on its computer, telephone, and electronic systems. This policy also applies to third-party offsite services provided by the Academy for official business use. Westlake Academy's prohibition against sexual, racial, and other forms of harassment is extended to include the use of electronic and telecommunications systems. Offensive, harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented messages or images. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 43 Privileged or confidential material, which includes, but is not limited to, attorney-client communications, should not be exchanged haphazardly by e-mail, facsimiles, instant messaging or other means. Use of Information Technology must be conducted in accordance with local, state and federal law; engaging in illegal, fraudulent, or malicious conduct is prohibited. Violation of any provisions of this policy may result in disciplinary action, up to and including termination. Governance • All Westlake Academy employees who are granted a system account to access to the Academy’s network is responsible for the proper use of the account at all times. • Teachers may apply for a class account and in doing so will ultimately be responsible for use of the account. • The Academy will require that all passwords be changed as necessary. All passwords must remain confidential and may not be shared. • Any system user identified as a security risk or as having violated Academy any provisions of this policy may be denied access to the Academy’s network. • All users will be required to sign a user agreement annually each August for issuance or renewal of an account. Academy employees in violation of the user agreement or the Academy’s Technology Policy may be subject to disciplinary action, up to and including termination of employment. • All Academy electronic communication systems are business assets and are not private. The Academy may access and review all Web pages and e-mails sent to and from employees, during transmission or storage. System User Responsibilities The following standards will apply to all users of Westlake Academy’s Information Technology systems: • The individual in whose name a system account is issued will be responsible at all times for its proper use. • The system may not be used for illegal purposes, in support of ill egal activities, or for any other activity prohibited by Academy policy or guidelines. • System users may not disable, or attempt to disable, a filtering device on the Academy’s Information Technology system. • Communications may not be encrypted so as to avoid security review by system administrators. • System users may not use another person’s system account without written permission from Superintendent or designate, as appropriate. • Employees should ensure that students do not distribute personal information about themselves or others by means of the electronic communications system; this includes, but is not limited to, personal addresses and telephone numbers. • System users must purge and/or make hard copies of electronic mail and file such in accordance with established retention guidelines. • System users may not redistribute copyrighted programs or data except with the written permission of the copyright holder or designee. Such permission must be specified in the document or must be obtained directly from the copyright holder or designee in accordance with applicable copyright law, Academy policy, and administrative regulations. • System users are prohibited from using instant messenger programs (including text messaging on personal cell phones) to transmit Academy-related information. Any communication(s) that Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 44 would create a public record must be transmitted in a manner which allows for proper retention of electronic records. • System users should avoid actions that are likely to increase the risk of introducing viruses to the system, such as opening e-mail messages from unknown senders and loading data from unprotected computers. • System users may not upload public domain programs to the system. System users may not download public domain programs for their own use nor non-commercially redistribute a public domain program. System users are responsible for determining whether a program is in the public domain. • System users may not send or post messages that are abusive, obscene, pornographic, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal. • System users may not purposefully access materials that are abusive, obscene, pornographic, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal. • System users should be mindful that use of school-related electronic mail addresses might cause some recipients or other readers of that mail to assume they represent the school, whether or not that was the user’s intention. • System users may not waste Academy resources related to the electronic communications system. • System users may not gain unauthorized access to resources or information. • System users understand and agree that all documents and communications are the property of the Academy. As such, a system user may not copy, download, disseminate, e-mail, or disclose Academy property to third parties not directly related to Academy business without the express written authority of the Superintendent or designate. Prohibited Activities • Engaging in illegal, fraudulent, or malicious conduct. • Harassing individuals. • Transmitting or storing material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious or polit ical beliefs. • Communication of Westlake Academy-related business to any party through social networking websites (such as Facebook, MySpace, Twitter, etc.). • Obtaining unauthorized access to any computer system. • Using another individual's account or identity without explicit authorization. • Conducting political campaigns or other prohibited activity. • Gambling or playing a game for money or other stakes. • Downloading of software products from internet sites is prohibited without prior approval of the Superintendent or designate. Personal Computers and Electronic Equipment A personal computer and access to Westlake Academy’s internal network is provided to the employee for the purpose of conducting Academy business and improving productivity. All computers and electronic equipment issued to employees are property of Westlake Academy. Employees should utilize these resources for business purposes, and very limited or incidental personal use is acceptable. Such use must be infrequent. Personal use must not: • Involve any illegal activity or any prohibited activity listed above. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 45 • Interfere with the productivity of the employee or co-workers. • Consume system resources bandwidth or storage capacity on an on-going basis. All Academy-related files, emails, and other communications stored on any computer are property of Westlake Academy. All files should be considered public information, and subject to the Academy’s established electronic retention schedule. Employees are prohibited from deleting any files without the express consent of the Superintendent or designate. Employees are required to return any Westlake Academy equipment issued to them prior to terminating employment. Employees will be required to sign for all equipment prior to issuance. Failure to return any equipment may result in disciplinary action, up to and including termination of employment, and/or payroll deduction for the fair-market value of any missing, lost, or equipment that is unaccounted for. Westlake Academy reserves the right to repossess any electronic equipment issued to an employee at any time. Internet Access and Email The Internet is a powerful communication tool and a valuable source of information. Internet service includes but is not limited to e-mail, file transfer protocol (FTP), web browsing and newsgroups. Employees should be aware that information transmitted over the internet is potentially not secure. Internet communication systems may accommodate the use of passwords for security, however the reliability of such for maintaining confidentiality cannot be guaranteed. (Employees should assume that someone other than the intended recipient could read any and all Internet communications). Westlake Academy reserves the right to filter incoming and outgoing network communications for the purpose of securing the network, restricting access to inappropriate content or to determine compliance with this policy. Web page requests may also be filtered to restrict access to questionable or inappropriate content. Requests to access content restricted by the filtering mechanism must be approved by the Superintendent or designate. Westlake Academy maintains an electronic mail system, commonly called e -mail, to assist in conducting business and as a means to enhance the ability of employees to communicate. All employees must be aware that the use of e-mail messages creates a public record and is subject to public record regulations with respect to inspection, disclosure, scheduled retention, and disposition. The Academy reserves the right to retrieve and read any message composed, sent, or received and also reserves the right to filter email for the purpose of security and to restrict inappropriate usage. Employees are expected to use a high-level of professional discretion when communicating by email. Privileged, confidential, or sensitive information may not be secure when transmitted through by email. Additionally, email should not be used to communicate information as an alternative to a personal meeting, when appropriate. Information from Third Parties Employees with access to the Academy’s Information Technology system should be aware that, despite the Academy’s use of technology protection measures as required by law, use of the system may provide Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 46 access to other electronic communications systems in the global electronic network that may contain inaccurate and/or objectionable material. Any student or employee who gains access to such material is expected to discontinue the access as quickly as possible and to report the incident to a supervisor. An employee knowingly bringing prohibited materials into the school’s electronic environment will be subject to disciplinary action in accordance with Academy policies. Disclaimers Opinions, advice, services, and all other information expressed by system users, information providers, service providers, or other third-party individuals in the system are those of the providers and not Westlake Academy. Westlake Academy will cooperate fully with local, state, or federal offici als in any investigation concerning or relating to misuse of the Academy’s electronic Information Technology systems. Use of Cell Phones Cell phones are to be turned off during instruction periods. The Superintendent or designee may grant exceptions to this policy upon request in the event of extenuating circumstances. Use of Electronic Communications with Students A certified or licensed employee, or any other employee designated in writing by the Superintendent or a campus principal, may communicate through electronic media with students who are currently enrolled in the Academy. Electronic communications between all other employees and students who are enrolled in the Academy are prohibited. Employees are not required to provide students with their personal phone number or e-mail address. An employee is not subject to these provisions for personal, non-school related communications that occur due to an employee’s social or family relationship with a student. For example, an employee may have a relationship with a niece or nephew, a student who is the child of an adult friend, a student who is a friend of the employee’s child, or a member or participant in the same civic, social, recreational, or religious organization. An employee who claims an exception based on a social relationship shall provide written consent from the student’s parent. The written consent shall include an acknowledgement by the parent that: • The employee has provided the parent with a copy of this protocol • The employee and the student have a social relationship outside of school; • The parent understands that the employee’s communications with the student are excepted from Academy regulation; and • The parent is solely responsible for monitoring electronic communications between the employee and the student. The following definitions apply for the use of electronic media with students: • Electronic communications means any communication facilitated by the use of any electronic device, including a telephone, cellular telephone, computer, computer network, personal data Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 47 assistant, or pager. The term includes e-mail, text messages, instant messages, and any communication made through an Internet website, including a social media website or a social networking website. • Communicate means to convey information and includes a one-way communication as well as a dialogue between two or more people. A public communication by an employee that is not targeted at students (e.g., a posting on the employee’s personal social network page or a blog) is not a communication: however, the employee may be subject to Academy regulations on personal electronic communications. See Personal Use of Electronic Media, on page 41. Unsolicited contact from a student through electronic means is not a communication. • Certified or licensed employee means a person employed in a position requiring SBEC certification or a professional license, and whose job duties may require the employee to communicate electronically with students. The term includes classroom teachers, counselors, principals, librarians, paraprofessionals, nurses, educational diagnosticians, licensed therapists, and athletic trainers. An employee who communicates electroniacally with students shall observe the following: The employee may use any form of electronic media except text messaging. Only a teacher, trainer, or other employee who has an extracurricular duty may use text messaging, and then only to communicate with students who participate in the extracurricular activity over which the employee has responsibility. An employee who communicates with a student using text messaging shall comply with the following protocol: • The employee shall include at least one of the student’s parents or guardians as a recipient on each text message to the student so that the student and parent receive the same message; • The employee shall include his or her immediate supervisor as a recipient on each text message to the student so that the student and supervisor receive the same message; or • For each text message addressed to one or more students, the employee shall send a copy of the text message to the employee’s Westlake Academy e-mail address. • The employee shall limit communications to matters within the scope of the employee’s professional responsibilities (e.g., for classroom teachers, matters relating to class work, homework, and tests; for an employee with an extracurricular duty, matters relating to the extracurricular activity. • The employee is prohibited from knowingly communicating with students through a personal social network page; the employee must create a separate social network page (“professional page”) for the purpose of communicating with students. The employee must enable administration and parents to access the employee’s professional page. • The employee shall not communicate directly with any student between the hours of 5 p.m. and 7 a.m. An employee may, however, make public posts to a social network site, blog, or similar application at any time. • The employee does not have a right to privacy with respect to communications with students and parents. • The employee continues to be subject to applicable state and federal laws, local policies, administrative regulations, and the Code of Ethics and Standard Practices for Texas Educators, including: o Compliance with the Public Information Act and the Family Educational Rights and Privacy Act (FERPA), including retention and confidentiality of student records. o Copyright law Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 48 o Prohibitions against soliciting or engaging in sexual conduct or a romantic relationship with a student. o • Prohibitions against soliciting or engaging in sexual conduct or a romantic relationship with a student. • Upon request from administration, an employee will provide the phone number(s), social network site(s), or other information regarding the method(s) of electronic media the employee uses to communicate with one or more currently-enrolled students. • Upon written request from a parent or student, the employee shall discontinue communicating with the student through e-mail, text messaging, instant messaging, or any other form of one-to- one communication. An employee may request an exception from one or more of the limitations above by submitting a written request to his or her immediate supervisor. Criminal History Background Checks Employees may be subject to a review of their criminal history record information at any time during employment. National criminal history checks based on an individual’s fingerprints, photo, and other identification will be conducted on certain employees and entered into the Texas Department of Public Safety (DPS) Clearinghouse. This database provides the district and SBEC with access to an employee’s current national criminal history and updates to the employee’s subsequent criminal history. Texas Educators’ Code of Ethics (applicable to all employees) Purpose and Scope The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty and good moral character. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community. (19 TAC 247.1(b)) Professional Standards 1. Professional Ethical Conduct, Practices, and Performance Standard 1.1 The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the Academy, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. Standard 1.2 The educator shall not knowingly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 49 Standard 1.3 The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. Standard 1.4 The educator shall not use institutional or professional privileges for personal or partisan advantage. Standard 1.5 The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. Standard 1.6 The educator shall not falsify records, or direct or coerce others to do so. Standard 1.7 The educator shall comply with state regulations, written local school board policies, and other state and federal laws. Standard 1.8 The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. Standard 1.9 The educator shall not make threats of violence against school Academy employees, school board members, students, or parents of students. Standard 1.10 The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. Standard 1.11 The educator shall not intentionally or knowingly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. Standard 1.12 The educator shall refrain from the illegal use or distribution of controlled substances and/or abuse of prescription drugs and toxic inhalants. Standard 1.13 The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. Standard 1.14 The educator shall not assist another educator, school employee, contractor, or agent in obtaining a new job as an educator or in a school, apart from the routine transmission of administrative and personnel files, if the educator knows or has probable cause to believe that such person engaged in sexual misconduct regarding a minor or student in violation of the law. 2. Ethical Conduct toward Professional Colleagues Standard 2.1 The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. Standard 2.2 The educator shall not harm others by knowingly making false statements about a colleague or the school system. Standard 2.3 The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. Standard 2.4 The educator shall not interfere with a colleague’s exercise of political, professional, or citizenship rights and responsibilities. Standard 2.5 The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. Standard 2.6 The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. Standard 2.7 The educator shall not retaliate against any individual who has filed a complaint with the SBEC or provides information for a disciplinary investigation or proceeding under this chapter. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 50 3. Ethical Conduct toward Students Standard 3.1 The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. Standard 3.2 The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. Standard 3.3 The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. Standard 3.4 The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. Standard 3.5 The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. Standard 3.6 The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. Standard 3.7 The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. Standard 3.8 The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student. Employee Arrests and Convictions An employee must notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of any felony, and any of the other offenses listed below: • Crimes involving school property or funds • Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator • Crimes that occur wholly or in part on school property or at a school-sponsored activity • Crimes involving moral turpitude Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 51 Moral turpitude includes the following: • Dishonesty • Fraud/Theft • Deceit/Misrepresentation • Deliberate violence • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor • Crimes involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance • Felonies involving driving while intoxicated (DWI) • Acts constituting abuse or neglect under the SBEC rules If an educator is arrested or criminally charged, the Superintendent is also required to report the educators’ criminal history to the Division of Investigations at TEA. Drug-abuse Prevention Westlake Academy is committed to maintaining an alcohol and drug-free environment and will not tolerate the use of alcohol and illegal drugs in the workplace or on school property. This policy does not prevent the consumption of alcohol at school-related events held offsite and not attended by children. Employees who use or are under the influence of alcohol or illegal drugs as defined by the Texas Controlled Substances Act during working hours may be terminated. The Academy’s policy regarding employee drug use is as follows: Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at school or at school-related activities during or outside of usual working hours: 1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, narcotics, hallucinogens, stimulants, depressants, amphetamines, or barbiturates. 2. Alcohol or any alcoholic beverages. 3. Any abusable glue, aerosol paints, or any other chemical substance for inhalation. 4. Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs. An employee need not be legally intoxicated to be considered "under the influence" of a controlled substance. An employee who possesses or dispenses a substance listed above as part of the employee's job responsibilities, or who uses a drug authorized by a licensed physician prescribed for the employee's personal use shall not be considered to have violated this policy. Drug-Free Schools Requirements Westlake Academy prohibits the unlawful distribution, possession, or use of illegal drugs, inhalants, and alcohol on school premises or as part of any of the Academy ’s activities. Employees who violate this prohibition shall be subject to disciplinary sanctions. Such sanctions may include referral to drug and alcohol counseling or rehabilitation programs or employee assistance programs, termination from employment with the Academy, and referral to appropriate law enforcement officials for prosecution. (41 U.S.C. 702(a)(1)(A); 28 TAC 169.2) Compliance with these requirements and prohibitions is mandatory and is a condition of employment. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 52 [This notice complies with notice requirements imposed by the federal Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C. 3224a and 34 CFR 86.201)] Tobacco use and E-Cigarette Use State law prohibits smoking, using tobacco products, or e-cigarettes on all Westlake Academy property and at school-related or school-sanctioned activities, on or off school property. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities. Drivers of Academy-owned vehicles are prohibited from smoking, using tobacco products, or e-cigarettes while inside the vehicle. Notices stating that smoking is prohibited by law and punishable by a fine are displayed in prominent places in all school buildings. Fraud and Financial Impropriety All employees should act with integrity and diligence in duties involving the Academy’s financial resources. The Academy prohibits fraud and financial impropriety, as defined below. Fraud and financial impropriety include the following: • Forgery or unauthorized alteration of any document or account belonging to the Academy • Forgery or unauthorized alteration of a check, bank draft, or any other financial document • Misappropriation of funds, securities, supplies, other Academy assets, including employee time • Impropriety in the handling of money or reporting of the Academy’s financial transactions • Profiteering as a result of insider knowledge of school information or activities • Unauthorized disclosure of confidential or proprietary information to outside parties • Unauthorized disclosure of investment activities engaged in or contemplated by the Academy • Accepting or seeking anything of material value from contractors, vendors, or other persons providing services or materials to the Academy • Inappropriately destroying, removing, using records, furniture, fixtures, or equipment • Failing to provide financial records required by state or local entities • Failure to disclose conflicts of interest as required by policy • Any other dishonest act regarding the finances of the Academy • Failure to comply with requirements imposed by law, the awarding agency, or a pass-through entity for state and federal awards Conflict of Interest Employees are required to disclose to their supervisor any situation that creates a potential or real conflict of interest with proper discharge of assigned duties and responsibilities or creates a potential or real conflict of interest with the best interests of the Academy. This includes, but is not limited to, the following: • A personal financial interest • A business interest • Any other obligation or relationship • Non-school employment Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 53 Gifts and Favors Employees may not accept gifts or favors that could influence, or be construed to influence, the employee’s discharge of assigned duties. The acceptance of a gift, favor, or service by any employee that might reasonably tend to influence the selection of textbooks may result in prosecution of a Class B misdemeanor offense. This does not include staff development, teacher training, or instructional materials that convey information to students or contribute to the learning process. It is a serious violation of standards for any employee to use his or her position with the Academy to seek personal or professional advantages through the acceptance of gifts, gratuities, entertainment, or other favors. Westlake Academy employees are prohibited from accepting anything of value or benefit, including but not limited to entertainment, travel, food, and lodging, from any one person, student, parent, or entity the employee knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction with the Academy. Gifts of nominal value may be accepted only with the approval of the Superintendent. This provision shall not apply to gifts or things of value or benefit to which the employee is lawfully entitled or when the individual is acting in a capacity other than as an Academy employee. This provision also does not apply to employees receiving gifts of nominal value from students which are intended to convey personal appreciation. Participation is allowed in the activities of widely attended events, such as luncheons, dinners, hospitality rooms, and similar gatherings for the discussion of matters of mutual interest to the Academy. Employees may accept expense-paid trips that are part of the normal business activities of the Academy. Trips taken by employees shall be approved in advance by the Superintendent. Copyrighted Materials Employees are expected to comply with the provisions of copyright law relating to the unauthorized use, reproduction, distribution, performance, or display of copyrighted materials (i.e., printed material, videos, computer data and programs, etc.) Electronic media, including motion pictures and other audiovisual works, are to be used in the classroom for educational purposes only. Duplication or backups of computer programs and data must be made within the provisions of the purchase agreement. Associations and Political Activities Westlake Academy will not discourage or prohibit employees from participating in political affairs or require any employee to join any group, club, committee, organization, or association. Employees may join or refuse to join any professional association or organization.An individual’s employment will not be affected by membership or a decision not to be a member of any employee organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.Use of the Academy’s resources, including work time, for political activities is prohibited. Safety The Academy has developed and promotes a comprehensive program to ensure the safety of its employees, students, and visitors. The safety program includes guidelines and procedures for responding Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 54 to emergencies and activities to help reduce the frequency of accidents and injuries. To prevent or minimize injuries to employees, coworkers, and students and to protect and conserve Academy equipment, employees must comply with the following requirements: • Observe all safety rules. • Keep work areas clean and orderly at all times. • Immediately report all accidents or incidents to their supervisor. • Operate only equipment or machines for which they have training and authorization. Employees with questions or concerns relating to safety and issues can contact the Superintendent’s office or the Human Resources Office. Possession of Firearms and Weapons Employees, visitors, and students, including those with a license to carry a handgun, are prohibited from bringing firearms, knives, clubs or other prohibited weapons onto school premises (i.e., building or portion of a building) or any grounds or building where a school-sponsored activity takes place. A person, including an employee, who holds a license to carry a handgun may transport or store a handgun or other firearm or ammunition in a locked vehicle in a parking lot, garage, or other school provided parking area, provided the handgun or firearm or ammunition is properly stored, and not in plain view. To ensure the safety of all persons, employees who observe or suspect a violation of the Academy’s weapons policy should report it to the school office immediately. Visitors in the Workplace All visitors are expected to enter any Academy facility through the main entrance and sign in or report to the building’s main office. Authorized visitors will receive directions or be escorted to their destination. Employees who observe an unauthorized individual on the Academy premises should immediately direct him or her to the main office or contact the Superintendent. Pest Control Treatment Employees are prohibited from applying any pesticide or herbicide without appropriate training and prior approval of the integrated pest management (IPM) coordinator. Any application of pesticide or herbicide must be done in a manner prescribed by law and the Academy’s integrated pest management program. Notices of planned pest control treatment will be posted in affected building(s) 48 hours before the treatment begins. Notices are generally located in the Teacher’s lounge. In addition, individual employees may request in writing to be notified of pesticide applications. An employee who requests individualized notice will be notified by telephone, written or electric means. Pest control information sheets are available from the Director of Facilities upon request. General Procedures Bad Weather Closing The Academy may close because of bad weather or emergency conditions. When such conditions exist, the Superintendent or designee will make the official decision concerning the closing of the Academy’s Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 55 facilities. When it becomes necessary to open late or to release students early, notifications will be sent to the following television stations and posted on the Academy’s website: FOX4 – Channel 4 KXAS TV – Channel 5 WFAA TV – Channel 8 KTVT TV – Channel 11 WBAP Radio – AM 820 KRLD Radio – AM 1020 Emergencies All employees should be familiar with the safety procedures for responding to emergencies, including medical emergencies. Employees should locate evacuation diagrams posted in their work areas and be familiar with shelter in place, lockout, and lockdown procedures. Emergency drills will be conducted to familiarize employees and students with safety and evacuation procedures. Each building is equipped with an automatic external defibrillator. Fire extinguishers are located throughout all buildings. Employees should know the location of these devices and procedures for their use. Purchasing Procedures All requests for purchases must be submitted to the Superintendent. The Academy will not reimburse employees or assume responsibility for purchases made without prior authorization. Employees are not permitted to purchase supplies or equipment for personal use through the Academy’s business office. Contact the Superintendent or Finance Director for additional information on purchasing procedures. Name and Address changes It is important that employment records be kept up to date. Employees must notify the Human Resources Office office if there are any changes or corrections pertaining to to their name, home address, home telephone number, marital status, emergency contacts, or beneficiary. Forms to process a change in personal information can be obtained from the Human Resources Office.Personnel Records Most Academy records, including personnel records, are public information and must be released upon request. In most cases, an employee’s personal e-mail address is confidential and may not be released without the employee’s permission. Employees may choose to have the following personal information withheld: • Address • Phone number, including personal cell phone number • Information that reveals whether they have family members • Personal e-mail address The choice to not allow public access to this information or change an existing choice may be made at any time by submitting a written request to the Human Resources Office. New or terminated employees have fourteen (14) days after hire or termination to submit a request. Otherwise, personal information may be released to the public until a request to withhold the information is submitted or another exception for release of information under law applies. An employee is responsible for notifying the Human Resources Office if he or she is subject to any exception for disclosure of personal or confidential information. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 56 Travel Policy/Expense Reimbursement Before any travel expenses are incurred by an employee, the Superintendent or designee must give approval. For approved travel, employees will be reimbursed for mileage and other travel expenditures according to the current rate schedule established by the Internal Revenue Service. Employees must submit receipts to be reimbursed for expenses other than mileage. Event/Travel Procedures The following guidelines and standards shall be utilized when traveling on Academy business: A. Registration 1. Direct payment to the sponsor of the event is preferable. 2. In the event direct payment to the sponsor is impossible, an individual attendee will be reimbursed for the actual cost of the registration and/or event costs. 3. Full advantage should be taken of any pre-registration discounts when possible. 4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as payment or reimbursement justification. B. Transportation 1. Transportation arrangements are based on what provides the most economic advantage to Westlake Academy. 2. Airfare will be paid directly to the carrier, travel agency (or reimbursed), based on coach fare, utilizing all prepaid, special, or discount fares as may be available. C. Public Carrier Fares and Car Rental 1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on the geographic area. 2. Car rental reimbursement will be reviewed upon submission and/or receipt and prevailing rental rates paid. If necessary, other circumstances will be evaluated in determining additional reimbursement for the rental. 3. Discounts and special rates should be utilized whenever possible. D. Personal Vehicle or Town Owned Vehicle Use 1. Employees using their own vehicle will be eligible to receive a mileage allowance at a rate in accordance with the Internal Revenue Service allowance. Reimbursement will be based upon actual mileage from the employee’s regular place of work to their destination, or from home to destination whichever is less. 2. If an employee is required to attend training for an extended period of time (longer than one work week), the place of training will become the employees regularly assigned workplace until such training is completed. An employee will not be eligible for mileage reimbursement in such an instance. 3. To receive mileage reimbursement, the event, seminar, class, etc. must be required by the Academy or approved as personal development related to the job of the employee. E. Overnight Accommodations Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 57 1. Room rental will be based on the actual cost of the room, plus tax (where applicable) and parking. Direct payment or billing from the hotel is preferred. 2. Personal items such as personal telephone calls and movies are not reimbursable. When travel time exceeds a day, one night’s accommodations to the event and one night’s accommodation on the return trip may be reimbursed. 3. Receipts are required for all reimbursements. 4. Overnight accommodations should not exceed what is considered mid-range in terms of cost and should take into account the distance from the conference site in order to reduce transportation costs. F. Meals and Incidental Expenses Meals and incidental expenses may be either reimbursed to the employee utilizing the guidelines under Section “A” below, or the employee may request a daily per diem. Approval of per diem advances is required by the employee’s supervisor or the Executive Director. Travel Advances Travel advances are provided so that the employee is not required to use personal funds for Town business. 1. Travel advances must be received by the Finance Department ten (10) business days prior to the event to allow adequate time for processing. 2. Advances are not to be considered additional compensation to the traveler. 3. Unused portions of travel advances must be returned immediately upon return to work following a trip. Failure to do so within five days shall be reported to the Department Director. 4. A daily advance amount of $65 is permitted including travel days. 5. Advances will be denied to travelers with previous advances outstanding over 10 days and when an expense report has not been filed. 6. Additional advance amounts for mileage are not permitted. Mileage, when allowed, is a reimbursable expense only. 7. Allowable expenses in excess of the advance amount may be reimbursed upon return and filing of an expense report. A. Reimbursement Method 1. Meals will be reimbursed upon presentation of receipts when travel is outside of the Town of Westlake for attendance at a seminar, training class, or full day meeting. 2. Meal receipts must be itemized. Alcoholic beverages are not eligible for reimbursement, and should be deducted from the receipt, or paid separately with the employee’s personal funds. 3. Meals will be reimbursed at a maximum of $15.00 for breakfast, $20.00 for lunch, and $30.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the difference. 5. There is a maximum daily reimbursement of $65.00 for meals. Amounts not used for a meal cannot be applied to another meal. B. Per Diems As an alternative to the Reimbursement method, employees may select the option of a daily per diem for travel and meal expenses. Approval of per diem advances is required by the employee’s supervisor or the Executive Director. 1. Meals Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 58 The Academy will pay for meals up to the GSA allowance amount when the purchase of meals is directly attributable to the conduct of official business. The employee shall utilize all meals provided by the conference/seminar/meeting. Incidental expenses for snacks and sundry items and gratuities are included in the GSA allowance. Determining GSA Allowance Rate: The amount of the GSA allowance is based on the travel destination. Each travel destination has a GSA allowance rate that is assigned to it based upon cost of living. The GSA allowance rate for the travel destination is determined through the following steps: Step 1: Click on www.gsa.gov Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading. Step 3: Click on the applicable US state for the destination Town. Choose the applicable Meals and Incidental Expense (M&IE) rate from the table. If the destination Town is not listed in the table, the standard rate provided in the table should be used. The GSA meal and incidental allowance shall be prorated (reduced) under the following conditions: • Meal is provided at a conference, seminar, or social event • Meal is provided on the airline or other mode of transportation • Meal is eaten at home on the day of the travel before beginning the travel or upon returning home after the travel. The GSA allowance shall be prorated as follows for the conditions listed above: • Breakfast - 20% of GSA allowance • Lunch - 30% of GSA allowance • Dinner - 50% of GSA allowance The GSA allowance shall not be carried over from one day to the following day during the travel. When using the per diem method, all employees must document GSA-allowable per diems using the Determination of Travel Allowance worksheet. The form shall include the applicable GSA allowances percentages for meals and other applicable expenses, and total travel costs. Supervisors or Department Heads who have managerial oversight for employee business expense(s) are/is expressly and ultimately responsible authorizing and reviewing travel expenses and reimbursements. Meals on traveling days: For the days beginning and ending travel, only those meals within the travel window should be claimed. • Days beginning travel: Departure times after 10 a.m. – only lunch and dinner should be claimed Departure times after 2 p.m. – only dinner should be claimed. • Days ending travel: Arrival times before 12 p.m. – only breakfast should be claimed Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 59 Arrival times before 5 p.m. – only breakfast and lunch should be claimed Partial Day Reimbursement An employee who is traveling on official business for a continuous period of a minimum of four hours but less than twenty-four hours, which does not involve an overnight stay, will be reimbursed based on the per diem breakdown. No partial meal allowance will be paid for an official business trip of less than four (4.0) hours unless the business meeting includes a meal. Joint Expenses When two or more employees incur business expenses jointly (e.g. hotel expenses) that will be charged to the same account, one person may pay some or all of the joint expenses and file the travel report covering them. The report should mention the names of all employees whose expenses are included. Submittal of Completed Expense Report Employee must document any expenses incurred on an Employee Expense Report (see Appendix section). Receipts must accompany the report to substantiate any requested reimbursement. Expenses must be submitted to the Executive Director or designee for approval. Expense reports should be submitted to the Finance Department within ten (10) days of returning from travel. Building Use The Director of Facilities is responsible for scheduling the use of facilities after school hours. Contact the Director of Facilities to request use of school facilities and to obtain information on the fees charged. Termination of Employment Resignations Contract Employees. Contract employees may resign their position without penalty at the end of any school year if written notice is received 45 days before the first day of instruction of the following school year. A written notice of resignation should be submitted to the Superintendent. Contract employees may resign at any other time only with the approval of the Superintendent. Resignation without the consent of the Superintendent may result in disciplinary action by the State Board for Educator Certification (SBEC). The Superintendent will notify SBEC when an employee resigns and reasonable evidence exists to indicate that the employee has engaged in any of the acts listed in Reports to the Texas Education Agency section on page 60. Noncontract Employees. Noncontract employees may resign their positions at any time. A written notice of resignation should be submitted to the Superintendent and the Human Resources office at least two weeks prior to the effective date. Employees are encouraged to include the reasons for leaving in the letter of resignation but are not required to do so. Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 60 Dismissal or Non-Extension of Contract Employees Employees on professional contracts can be dismissed during the school year or, not extended at the end of the contract term in accordance with law and Board policy. Contract employees dismissed during the school year, suspended without pay, or subject to a reduction in force shall receive notice of the recommended action, an explanation of the charges or reasons and an opportunity for appropriate process and review. Time lines and procedures to be followed will be provided when written notice of the pending action is issued. Advance notification will not apply when a contract employee is dismissed for failing to obtain or maintain appropriate certification. Suspension/Administrative Leave of Contract Employees Contract employees may be suspended with pay or placed on administrative leave by the Superintendent during an investigation of alleged misconduct by the employee, or at any time that the Superintendent determines that the Academy’s best interest will be served by the suspension or administrative leave. Dismissal of Noncontract Employees Noncontract employees are employed at will and may be dismissed without notice, a description of the reasons for dismissal, or a hearing. It is unlawful for the Academy to dismiss any employee for reasons of race, religion, sex, national origin, disability, military status, any other basis protected by law, or in retaliation for the exercise of certain protected legal rights. Noncontract employees who are dismissed have the right to grieve the termination. The dismissed employee must follow the process outlined in this handbook when pursuing the grievance. (See Complaints and Grievances policy, page 31) Exit Interviews and Procedures Exit interviews will be scheduled for all employees leaving the Academy by the Human Resources Office. Information on the continuation of benefits, release of information, and procedures for requesting references will be provided at this time. Separating employees are asked to provide the Academy with a forwarding address and phone number and complete a questionnaire that provides the Academy with feedback on his or her employment experience. All Academy keys, books, property, and equipment must be returned upon separation from employment. The Academy may withhold the cost of any unreturned items from the final paycheck. Reports to the Texas Education Agency The dismissal of a certified employee must be reported to the Division of Investigations at TEA whenever the termination is based on evidence that the employee was involved in any of the following: • A reported criminal history • Any form of sexual/physical abuse of a minor or any other illegal conduct with a student or a minor • Soliciting or engaging in sexual conduct or a romantic relationship with a student or minor • The possession, transfer, sale, or distribution of a controlled substance Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 61 • The illegal transfer, appropriation, or expenditure of school property or funds • An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit for the purpose of promotion or additional compensation • Committing a criminal offense or any part of a criminal offense on school property or at a school- sponsored event • Violating assessment instrument security procedures The Superintendent is also required to notify TEA when a certified employee resigns and there is evidence that the educator engaged in the conduct listed above. The reporting requirements above are in addition to the Superintendent’s ongoing duty to notify TEA when a certified employee or an applicant for certification has a reported criminal history. “Reported criminal history” means any formal criminal justice system charges and dispositions including arrests, detentions, indictments, criminal information, convictions, deferred adjudications, and probations in any state or federal jurisdiction. Reports concerning Court-ordered Withholding The Academy is required to report the termination of employees that are under court order or writ of withholding for child support or spousal maintenance to the court and the individual receiving the support (Texas Family Code §8.210, 158.211). Notice of the following must be sent to the court and support recipient: • Termination of employment not later than the seventh day after the date of termination • Employee’s last known address • Name and address of the employee’s new employer, if known Student Issues Equal educational opportunities Westlake Academy does not discriminate on the basis of race, color, religion, national origin, gender, or disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. Questions or concerns about discrimination of students on the basis of race, color, religion, sex, disability, or national origin should be directed to the Superintendent or designee. Student Records Student records are confidential and are protected from unauthorized inspection or use. Employees should take precautions to maintain the confidentiality of all student records. Only the following individuals are authorized to have general access to a student’s records: • Parents of a minor or of a student who is a dependent for tax purposes Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 62 • The student (if 18 or older or attending an institution of postsecondary education) • School officials with legitimate educational interests The Parent/Student Handbook provides parents and students with detailed information on student records. Parents or students who want to review student records should be directed to the Superintendent for assistance. Parent and Student Complaints In an effort to hear and resolve parent and student complaints in a timely manner and at the lowest administrative level possible, the Academy has adopted orderly processes for handling complaints on different issues. The Superintendent’s office can provide parents and students with information on filing a complaint. Parents are encouraged to discuss problems or complaints with the teachers at any time. Parents and students with complaints that cannot be resolved should be directed to the Superintendent. The formal complaint process provides parents and students with an opportunity to be heard up to the highest level of management if they are dissatisfied with a Superintendent’s response. Once all administrative complaint procedures are exhausted, parents and students can bring complaints to the Superintendent or the Board of Trustees. Administering Medication to Students Only designated employees can administer prescription medication, nonprescription medication, and herbal or dietary supplements to students. Exceptions apply to the self-administration of asthma medication, medication for anaphylaxis (e.g., EpiPen©), and medication for diabetes management, if the medication is self-administered in accordance with Academy policy and procedures. A student who must take medication during the school day must bring a written request from his or her parent and the medicine, in its original, properly labeled container. Contact the Superintendent or the school nurse for information on procedures that must be followed when administering medication to students. Dietary Supplements Westlake Academy employees are prohibited by state law from knowingly selling, marketing, or distributing a dietary supplement that contains performance-enhancing compounds to a student with whom the employee has contact as part of his or her Academy duties. In addition, employees may not knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a performance- enhancing dietary supplement to any student. Psychotropic Drugs A psychotropic drug is a substance used in the diagnosis, treatment, or prevention of a disease or as a component of a medication. It is intended to have an altering effect on perception, emotion, or behavior and is commonly described as a mood- or behavior-altering substance. Academy employees are prohibited by state law from doing the following: Res WA 19-11 Westlake Academy 2019-2020 Personnel Manual – adopted August 5, 2019 Page 63 • Recommending that a student use a psychotropic drug • Suggesting a particular diagnosis • Excluding from class or school-related activity a student whose parent refuses to consent to a psychiatric evaluation or to authorize the administration of a psychotropic drug to a student Student Conduct and Discipline Students are expected to follow the classroom rules, and rules listed in the Parent/Student Handbook. Teachers and administrators are responsible for taking disciplinary action based on a range of discipline management strategies that have been adopted by the Academy. Other employees that have concerns about a particular student’s conduct should contact the classroom teacher or Superintendent. Teachers must file a written report with the Superintendent or another appropriate administrator when they have knowledge that a student has violated the Student Code of Conduct. A copy of this report will be sent by the Superintendent to the student’s parents within 24 hours. Student Attendance Teachers and staff should be familiar with the Academy’s policies and procedures for attendance accounting. These procedures require minor students to have parental consent before they are allowed to leave the Academy campus. When absent from school, the student, upon returning to school, must bring a note signed by the parent that describes the reason for the absence. These requirements are addressed in campus training and in the Parent/Student Handbook. Contact the Principal’s office for additional infor- mation. Bullying All employees are required to report student complaints of bullying to the Superintendent to designee. The Academy’s policy containing definitions and procedures for reporting and investigating bullying of students may be found in the Westlake Academy Parent/Student Handbook. Hazing Students must have prior approval from the Superintendent or designee for any type of “initiation rites” of a school club or organization. While most initiation rites are permissible, engaging in or permitting “hazing” is a criminal offense. Any teacher, administrator, or employee who observes a student engaged in any form of hazing, who has reason to know or suspect that a student intends to engage in hazing, or has engaged in hazing must report that fact or suspicion to the Superintendent or designee. Res WA 19-11 estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Consent Westlake Board Meeting Monday, August 05, 2019 TOPIC: Consider a Resolution awarding the bid for property/casualty insurance products and services to Box Insurance Agency for FY 2019-2020, and further authorize the Superintendent or designee to execute this agreement. STAFF CONTACT: Todd Wood, Dir. of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Personal Responsibility People, Facilities, & Technology PYP / MYP / DP Attract, Recruit & Retain the Highest Quality Workforce Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: September 1, 2019 Completion Date: August 31, 2020 Funding Amount: $155,685 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Bids have been solicited and received for Westlake Academy’s annual insurance renewal. The insurance policies contained in this package include property, general liability, umbrella, workers’ compensation, auto, international travel, and a student accident policy. Box Insurance Agency was the only submission that was received, and the bid package reflected a 6.3% overall price increase from 2018-2019. This is a renewal of our current policies with increases in property limits and the addition of a vehicle. These changes are further explained below. It should be noted that liability quotes are quoted as all inclusive, or as sub-policies to the General Liability policy. These include coverage for Directors & Officers, Employers Legal Liability, Employment Practices Liability, Employee Benefits Liability, and Educator’s Legal Liability. Changes in these policies from FY18-19 and FY19-20 are as follows: • Workers Compensation policy increase is due to higher total payroll, and the experience modifier changing from 1.37 to 1.39. • Property limits have been increased by $1.42 million for general inflation. Additionally, property coverage in Texas continues to increase industry-wide, largely from wind and hail damage claims. • Auto insurance would increase by approximately $1,500 annually once the Academy takes possession of an additional 77-passenger bus. This amount would be pro-rated based on the date of delivery. • General Liability, Umbrella Liability, and Crime policies reflect minimal increases that are typical when adjusted for inflation. • The Student Accident policy increased 6.2% due to the increased number of students and general inflation. RECOMMENDATION Staff recommends awarding the bid for Westlake Academy’s property/casualty insurance products and services to Box Insurance Agency for FY 2019-2020. The total cost for this recommendation is $155,685.00. ATTACHMENTS Resolution Exhibit “A”: Recommended Bid – Box Insurance Resolution WA 19-12 Page 1 of 3 WESTLAKE ACADEMY RESOLUTION NO. 19-12 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AWARDING THE BID FOR PROPERTY/CASUALTY INSURANCE PRODUCTS AND SERVICES TO BOX INSURANCE AGENCY FOR FY 2019-2020. WHEREAS, Westlake Academy desires to maintain a comprehensive risk management program for the protection of its property, students, employees, elected officials, and stakeholders; and, WHEREAS, the leaders of Westlake Academy desire to exercise exceptional levels of stewardship with all financial resources; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: that the Board of Trustees of Westlake Academy does hereby award the recommended bid for property/casualty insurance products and services to Box Insurance Agency for FY 19-20, attached hereto as Exhibit “A”; and further authorize the Superintendent or designee to execute this agreement. SECTION 2: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 19-12 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5TH DAY OF AUGUST 2019. ___________________________________ ATTEST: Laura Wheat, President __________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: _____________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Resolution WA 19-12 Page 3 of 3 Exhibit “A” Recommended Bid – Box Insurance Coverage Expiring Premium Renewal Premium Commercial Property- Travelers $ 83,071 $ 88,080 (Total Value @47,100,000) (Total value @45,516,000) General Liability – Utica $ 14,147 $ 14,429 (Includes $1,000,000 Cyber Liability) Business Auto – Utica * $ 3,966 $ 5,504 (3 Autos) (4 Autos) Umbrella ($5,000,000) – Utica $ 6,935 $ 6,996 Crime - Travelers $ 2,727 $ 2,850 Workers Compensation - Travelers $ 27,954 $ 29,883 International Travel – CHUBB $ 2,000 $ 2,000 Student Accident Policy – AJF/Philadelphia $ 5,596 $ 5,943 _________________________________________________________________________________ Total $146,386.00 $155,685.00 * Premium for an additional 77-passenger bus will be approximately $1,500 annually, and pro-rated based on the date of acquisition through 8/31/2020. This amount has been added to the actual bid received for auto coverage. Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Res WA 19-12 Page 1 of 2 estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Consent Westlake Board Meeting Monday, August 05, 2019 TOPIC: Review and approval of a Resolution Updating the Memorandum of Understanding between the Board of Trustees and the Westlake Academy Foundation STAFF CONTACT: Amanda DeGan, Town Manager/Superintendent Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Citizen, Student & Stakeholder PYP / MYP / DP Enhance Westlake Academy's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 5, 2019 Completion Date: N/A Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item is a final update of the Memorandum of Understanding (MOU) that has been discussed with both the Board of Trustees and the Executive Committee of the Academy Foundation. The MOU outlines the commitment of the governing board of the school and the Foundation for the support and betterment of the students and educational environment at the Academy. The Foundation is one of three (3) affiliate groups who serves as an integral partner in securing grant opportunities that helps create the outstanding learning environment found on campus. The MOU will undergo periodic review and updating as necessary. RECOMMENDATION Approval of the Memorandum of Understanding Page 2 of 2 ATTACHMENTS Resolution with Memorandum of Understanding Resolution WA 19-13 Page 1 of 6 WESTLAKE ACADEMY RESOLUTION NO. 19-13 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES UPDATING THE MEMORANDUM OF UNDERSTANDING WITH THE WESTLAKE ACADEMY FOUNDATION. WHEREAS, the Board of Trustees desires to create the highest quality educational programs and learning environment on campus for our students; and, WHEREAS, the Board of Trustees has authorized affiliate groups to assist the Board in those endeavors; and, WHEREAS, the Westlake Academy Foundation is one of said affiliate groups and works to raise funds and provide grants to the Academy; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: that the Board of Trustees of Westlake Academy does hereby approve the Memorandum of Understanding, attached hereto as Exhibit “A”; and further authorize the Superintendent to execute this agreement. SECTION 2: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 19-13 Page 2 of 6 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5TH DAY OF AUGUST 2019. ___________________________________ ATTEST: Laura Wheat, President ___________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: _____________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Resolution WA 19-13 Page 3 of 6 Exhibit “A” MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU)is entered into by and between the Town of Westlake ("Town"), as the charter holder of Westlake Academy ("Academy"), the Westlake Academy Board of Trustees ("Academy Board") and the Board of Directors ("Foundation Board") of the Westlake Academy Foundation (the "Foundation"), desiring to memorialize the nature of the relationship between these entities, ratify and approve past activities and mutually acknowledge, for the future, the respective obligations and rights of the parties. A. Public Purposes: The Town and the Academy Board have identified the following educational public purposes for the Academy's support of the Foundation: 1. Because of the uncertainty and restrictions inherent in the Texas public charter school finance system, the Academy must seek alternative sources of revenue in order to continue and/or enhance its education programs. 2. Maximization of alternative revenue sources requires strong community support. 3. Strong community support to assist the Academy in maximizing alternative revenue sources requires reciprocal commitment and support from the Academy. 4. The Academy has realized gains from its investment in the Academy Education Foundation through the provision of facilities and personnel support. 5. The Foundation has provided grants to the Academy for capital improvements, professional development, and support for general operating expenses. 6. Continuation of the momentum achieved in maximizing alternative revenue sources through the Foundation requires a continual commitment from the Academy. 7. Community involvement in raising money for educational programs achieves a concurrent psychological and philosophical investment in the Academy. 8. The community's legitimate expectation is that the Academy supports the Foundation through the Foundation's limited use of facilities, equipment and personnel. 9. Solicitations of revenue by the Foundation helps relieve the fundraising burden of the Town as the charter holder responsible for operations of the Academy and allows the Academy's Superintendent, administrators, teachers and staff to increase the focus on the Academy's educational mission. Resolution WA 19-13 Page 4 of 6 10. All net revenues from fund-raising activities will be used to further the Foundation's mission of providing financial support for the Academy. 11. In compliance with legal authority, which requires sufficient controls are in place to ensure that the use of the Academy's resources serve a proper educational purpose, it is necessary for the Town/Academy to have oversight over any individual who represents the Academy or the Foundation in seeking additional revenue sources. B. Commitment: The Academy Board agrees to provide the following to the Foundation, provided that the public purposes continue to be met and the controls identified herein continue to be implemented, and subject to the Academy Board's continuing right to refuse to appropriate the necessary funds in any budget year. All Academy support shall be within the sole discretion of the Academy's Board, and such support shall be monitored by the Academy Board and recorded in the accounting records as donations to the Foundation. 1. The Town Manager/Superintendent will designate and/or hire, supervise, evaluate, and manage an Executive Director/Director of Development position for the Town of Westlake and Westlake Academy that will perform a mutually agreed upon scope of services to adequately support the Foundation. 2. The Executive Director/Director of Development will report to the Town Manager/Superintendent (the Superintendent), or his/her designee, and perform various projects and tasks as identified by the Superintendent. The Superintendent (or designee) will be responsible for working with the Executive Director/Development Director to create and establish strategic goals and objectives for the position which will include support of the Foundation, as well as the Town/WA organization. Said goals will be established in consultation with the Foundation President. 3. This position will be evaluated at least annually by the Superintendent (or designee) who will solicit input from the Foundation President regarding the evaluation for the portion of job duties, goals, and objectives set for the Development Director that pertain to staff support of the Foundation. The final annual performance evaluation, as well as compensation and employment decisions for the Development Director, will be the responsibility of the Superintendent (or designee), and will include other evaluative criteria and expectations common to Westlake Academy/Town of Westlake senior management positions. 4. Employees of the Town/Academy who support the Foundation shall not be entitled to receive supplemental compensation directly from the Foundation. Resolution WA 19-13 Page 5 of 6 C. Responsibilities of Foundation: 1. The Foundation is an instrumentality of the Town with all the authority granted to a non-profit corporation organized in Texas and for the purpose of providing financial support to the Academy. 2. The Foundation agrees that, during the term of this Memorandum of Understanding, the Foundation will use its best efforts to solicit, collect, invest and administer funds for the benefit of the Academy. In compliance with legal authority which requires that the Academy show a return benefit to the Academy for the use of any public resources that create a private benefit, the Foundation agrees that, in each of the Foundation's fiscal years, the Foundation shall contribute more to the Academy than the value of the Academy's contribution to the Foundation or Academy funding may, in the Board's discretion, either cease or be decreased for the coming fiscal year. For purposes of this Agreement, amounts contributed to the Academy in any fiscal year shall not include monies donated as a result of school tours, grant requests, or general community development work unrelated to the Foundation's fund-raising events and campaigns. 3. The Foundation agrees that any person working on behalf of Westlake Academy and/or the Town of Westlake is subject to and must abide by all policies and procedures of the Academy and/or Town of Westlake. 4. The Foundation agrees that it will continue to recognize the Academy as the sole beneficiary of its solicitation programs. D. Controls: The Academy Board and the Foundation Board agree on the following controls, to ensure that a proper public educational purpose is served by this arrangement: 1. All Town of Westlake/Academy personnel that provide staff support to the Foundation shall be at-will employees of the Town/Academy, under the direct supervision and responsibility of the Town Manager/Superintendent (or designee). Additionally, as stated in Section B, the Town Manager/Superintendent (or designee) shall consult with the Foundation Board President or his/her designee regarding the portion of that employee’s annual performance evaluation as it pertains to staff support provided to the Foundation, as well as any annual strategic goals and objectives set mutually via collaboration and consultation with the Town Manager/Superintendent and with the Foundation Board President. 2. The Foundation shall abide by all policies and procedures of the Town/Academy related to facility and equipment use, personnel, public information, and all other applicable policies. 3. The Foundation shall annually provide a cost-benefit evaluation to the Resolution WA 19-13 Page 6 of 6 Town/Academy regarding the Academy's investment in the Foundation and the Foundation's use of this investment for educational or public purposes. This evaluation shall be presented annually to the Academy Board at a public Board meeting. 4. In compliance with legal authority which requires that the Academy show a return benefit to the Academy for the use of any public resources that create a private benefit, the Academy shall determine each year, at the time of development of the Academy's budget, whether adequate consideration has been received from the Foundation in the previous fiscal year and will likely be received in the following fiscal year, to assist the Board in determining funding for the coming fiscal year. 5. The Foundation understands that, as a result of the Academy's investment in the Foundation, the documents of the Foundation are subject to the Texas Public Information Act, absent any specific exemption, and the Foundation agrees to abide by the Texas Public Information Act. This Memorandum of Understanding shall become effective on the last date signed by an authorized representative of either party. AGREED TO THIS 5th DAY OF AUGUST, 2019. ________________________________ __________________________________ Westlake Academy Board of Trustees WA Foundation President President and Town of Westlake Mayor ________________________________ __________________________________ Board of Trustees Secretary WA Foundation Secretary ________________________________ Town Manager/Superintendent Page 1 of 2 estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Action Item Westlake Board Meeting Monday, August 05, 2019 TOPIC: Conduct a Public Hearing and Consider a Resolution Approving the Amended Year-End Budget for Westlake Academy for the Fiscal Year Ending August 31, 2019 and Adopting the Proposed Budget for the Fiscal Year Ending August 31, 2020. STAFF CONTACT: Amanda DeGan, Superintendent Dr. Mechelle Bryson, Executive Director Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Fiscal Stewardship PYP / MYP / DP Improve Financial Stewardship Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: September 1, 2019 Completion Date: August 31, 2020 Funding Amount: GF - $9,572,502 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The budget reflects Westlake Academy’s continuing initiatives that support the vision, mission, and values established by the governing board. We remain a school that is focused on the college readiness of our students and also on helping them work toward being internationally minded and well-balanced, life-long learners. The International Baccalaureate (IB) continuum builds upon each other to prepare students for post-secondary success and life in our fast paced and knowledge rich world. As we see in multiple professions, and businesses, our graduates must compete on a global stage and will need Page 2 of 2 specific 21st century skills to be able to successfully navigate an ever-changing internationally minded marketplace. As such, alignment to our vision, mission, and values is a key driver in our success. The proposed budget reflects the following: • continued increases in student enrollment that are a result of the residential growth of the Town of Westlake, and the success the Academy has had in preparing students for post- secondary achievements, • additional state revenue, expenditures for salaries, and retirement, which was mandated through the approval of House Bill 3, • an increase of $30,000 in Blacksmith Fund donations, • an English teaching position, a new PYP Interventionist for Literacy, and an additional MYP Counselor Position. In keeping with our tradition of utilizing an associated theme that focuses on the coming challenges or direction for the school year, the proposed theme for FY 2019/2020 is: IB For All: Building a Continuum of Excellence. The Board of Trustees reviewed the proposed budget for FY 2019/2020 at the Budget Retreat held on June 3, 2019. During these discussions, staff presented the projected year end expenditures, an analysis of the coming year revenues and expenditures related to the academic services of Westlake Academy and a five-year financial forecast. We will present any updates to the numbers and projections between the June and August timeframe. The final proposed FY 19/20 expenditures of $9,775,132 for the General Fund represents an increase from the FY 18/19 expenditures by $797,370 with most of the increase being due to the increase in 4.5 FTE in Academy personnel and salary increases (including the $114K mandated Statutory Minimum Salary compensation. This budget presentation is the final opportunity for Board follow-up and review of the proposed information for the coming fiscal and school year. Legal requirements for charter school budgets are formulated by the state and the TEA. A Board typically adopts an appropriated budget on a basis consistent with GAAP for the general fund, debt service fund and child nutrition program (which is included in special revenue funds). However, the Academy does not maintain a debt service fund nor a child nutrition program; therefore, only the General Fund is required to be adopted. Special Revenue Funds are not adopted by the governing body, and are shown for informational purposes only. In accordance with State law, the staff has prepared and presents the FY 2019-20 operating budget for the Academy outlining the anticipated revenues and expenditures of all funds for the Board’s review and consideration, including the amended year-end budget for FY 2018-19. RECOMMENDATION Following presentation of the final proposed FY 2019-2020 operating budget and holding of the required public hearing, staff recommends approval of this resolution. ATTACHMENTS Resolution Proposed FY 2019-2020 Budget, including amended year-end budget for FY 2018-2019 – will be delivered under separate cover. WA Resolution 19-14 Page 1 of 2 WESTLAKE ACADEMY RESOLUTION NO. 19-14 A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY TO ADOPT THE REVISED OPERATING BUDGET FOR FISCAL YEAR ENDING AUGUST 31, 2019 AND THE PROPOSED BUDGET FOR FISCAL YEAR ENDING AUGUST 31, 2020 INCLUDING INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, COMMITTED AND ASSIGNED FUND BALANCES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF WESTLAKE ACADEMY: WHEREAS, Section 44.002 of the Education Code of the Texas Education Agency Texas School Law Bulletin states the budget must be prepared according to generally accepted accounting principles, and WHEREAS, the budget must be approved by the Board of Trustees prior to August 31st according to Texas Education Agency’s Financial Accountability System Resource Guide, Section 2.6.2 – TEA Legal Requirements; and WHEREAS, the Board of Trustees held a Public Hearing on August 5th, 2019; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Board of Trustees hereby adopts the amended Westlake Academy Operating Budget for the fiscal year ending August 31, 2019 and the proposed Westlake Academy Annual Operating Budget for the fiscal year ending August 31, 2020 and appropriates the funds contained therein attached to this resolution as Exhibit “A”. SECTION 3: That the Board of Trustees hereby adopts the Fiscal and Budgetary Policies, Investment Policies, and the Committed and Assigned Fund Balance designations that are also included in Exhibit A. SECTION 4: That a copy of the official adopted 2019-2020 Budget shall be kept on file in the office of the Town Secretary. WA Resolution 19-14 Page 2 of 2 SECTION 5: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 6: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5th DAY OF AUGUST, 2019. ___________________________________ Laura Wheat, President ATTEST: ________________________________ ___________________________________ Kelly Edwards, Board Secretary Amanda DeGan, Superintendent APPROVED AS TO FORM: ________________________________ L. Stanton Lowry or Janet S. Bubert, School Attorney FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under “Future Agenda Item Requests”, an agenda item for a future Board meeting. The Board member making the request will contact the Superintendent with the requested item and the Superintendent will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item’s relationship to the Board’s strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Superintendent will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. - NONE Board of Trustees Item # 6 – Future Agenda Items Board of Trustees Item # 7 – Adjournment Regular Session