Falls Lake Academy Board Policies

Table of Contents

1.0000 LEGAL STATUS OF FALLS LAKE ACADEMY

1.0100 BOARD AUTHORITY AND DUTIES

1.0120 LINE AND STAFF RELATIONS

1.0200 POLICY IMPLEMENTATION and ADMINISTRATIVE PROCEDURES

1.1000 GOVERNING PRINCIPLES

1.3100-4.3100 PARENTAL INVOLVEMENT

1.5100-4.3000-7.2700 SCHOOL SAFETY

1.6100-7.8000 PROFESSIONAL DEVELOPMENT

1.7100 PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT, AND BULLYING

1.7105 PHYSICAL, MENTAL, SEXUAL ABUSE, HARASSMENT, MOLESTA- TION PREVENTION

1.7200-4.3501-7.1512 DISCRIMINATION, HARASSMENT AND BULLYING COMPLAINT PROCEDURES

1.7300 NONDISCRIMINATION ON THE BASIS OF DISABILITIES

1.7420-5.0600 RESPONDING TO COMPLAINTS

1.7430 - 4.3700 STUDENT-PARENT GRIEVANCE PROCEDURES

1.7500-7.1500 EMPLOYEE GRIEVANCE PROCEDURES

1.7600 PROHIBITION AGAINST RETALIATION

2.0000 BOARD MEMBERS

2.0010 SCHOOL CALENDAR

2.1000 EXPECTATIONS OF BOARD MEMBERS

2.1200 CODE OF ETHICS FOR BOARD MEMBERS

2.1210 BOARD MEMBER CONFLICT OF INTEREST

2.1215 ANTI-NEPOTISM

2.1220 ROLE OF BOARD MEMBERS IN HANDLING COMPLAINTS

2.2100 DUTIES OF OFFICERS

2.2300 BOARD COMMITTEES

2.3000 BOARD MEETINGS

2.3200 COMPLIANCE WITH OPEN MEETINGS LAW

2.3210 CLOSED SESSIONS

2.4000 BOARD POLICIES

2.5000 HEARINGS BEFORE THE BOARD

2.7000 BOARD, SCHOOL SELF-EVALUATION

3.1000 ACCESS TO EDUCATIONAL PROGRAMS

3.6140-4.2050 TECHNOLOGY ACCEPTABLE USE AND INTERNET SAFETY -- STUDENTS

3.6142-7.1310 TECHNOLOGY ACCEPTABLE USE AND INTERNET SAFETY -- EMPLOYEES

3.6320 SCHOOL TRIPS

3.8100 PROMOTION AND RETENTION

3.8101 PASSING GRADE DEFINED

3.8105 PROMOTION APPEALS

3.8110 SUMMER RECOVERY

3.8150 ACADEMIC COURSE CREDIT

3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS

4.2300 ADMISSIONS AND ENROLLMENT

4.2000 ATTENDANCE

4.2305 WAITLIST CALL-UPS

4.2310 ENROLLMENT CONFIRMATION: STUDENT DAY #1

4.3010 STUDENTS WALKING HOME

4.3600 CODE OF STUDENT CONDUCT

4.3601 - 5.1200 RELATIONSHIP WITH LAW ENFORCEMENT

4.3610 EXPULSION DUE PROCESS

4.4340-6.1250 ADMINISTERING MEDICINES TO STUDENTS

4.6000 STUDENT FUNDRAISING

4.9000 STUDENT FEES, CHARGES, AND FINES

5.0100 PARENT ORGANIZATIONS

5.0150 SCHOOL VOLUNTEERS

5.0200 SCHOOL VISITORS

5.0250 ITEMS AND MATERIALS PROHIBITED ON CAMPUS

5.0500 INCLEMENT WEATHER AND EMERGENCY CLOSINGS

5.2000 ADVERTISING, SPONSORSHIP BY OUTSIDE GROUPS

5.2010 DISTRIBUTION OF MATERIALS BY OUTSIDE GROUPS

6.2010 FOOD, DRINK AT STUDENT EVENTS

6.3150 STUDENT PARKING ON CAMPUS

7.1000 RECRUITMENT AND SELECTION OF PERSONNEL

7.1010 CRIMINAL BACKGROUND CHECKS

7.1100 INFORMATION PROVIDED BY APPLICANT OR EMPLOYEE

7.1200 CODE OF ETHICS AND PROFESSIONAL STANDARDS OF CONDUCT FOR EDUCATORS

7.1600 EMPLOYEE STUDENT RELATIONS

7.2100 PERSONNEL FILES

7.3600 JOB DESCRIPTIONS

7.3610 CATEGORIES OF EMPLOYMENT, PAY AND BENEFITS

7.3800 PERSONNEL SUPERVISION AND MANAGEMENT

7.3900 EMPLOYEE EVALUATION

7.4400 EMPLOYEE TERMINATION

7.4800 EMPLOYEE LEAVE

7.4872 STAFF TUTORING FOR PAY

7.4874 DRUG-FREE AND ALCOHOL-FREE WORKPLACE

7.4940 EMPLOYEE RIGHTS AND RESPONSIBILITIES

8.1000 BUDGET PLANNING AND ADOPTION

8.2200 DONATIONS, GIFTS, AND BEQUESTS

8.3000 FISCAL MANAGEMENT STANDARDS

FLA Board of Directors Policy #9.2300 USE OF FACILITIES, EQUIPMENT, AND SERVICES


ADOPTED 04-23-2013

REVISED 07-04-2016

1.0000 LEGAL STATUS OF FALLS LAKE ACADEMY

Legal References: NC G.S. § 115C-238.29A, B, C, D Article 14A of 115C (GS115C-218)

The legal status of both Falls Lake Academy and of its governing Board of Directors have been established by the General Assembly. In consonance with the law, the following are in effect:

The official name of this school is Falls Lake Academy.

The official name of the nonprofit organization under which the Falls Lake Academy charter will be organized and operated is Falls Lake Academy, Inc.

The official governing body of both Falls Lake Academy and Falls Lake Academy, Inc. is the Falls Lake Academy Board of Directors.


ADOPTED 05-14-2013

REVISED 07-04-206

1.0100 BOARD AUTHORITY AND DUTIES

Legal References: G.S. 115C-36,-44,-47

G.S. 115C Part 6A: 115C-238.29 Article 14A of 115C (GS115C-218)

Cross References: Board policies 7.3900 PRINCIPAL EVALUATION 8.1000 BUDGET DEVELOPMENT 4.6000 FUND-RAISING

MISSION OF THE SCHOOL 2.2300 BOARD COMMITTEES 1.7430-4.370 & 1.7500-7.1500 GRIEVANCES 1.3100-4.3100 PARENT SUPPORT ORGANIZATION (“FLAP”) Falls Lake Academy, Inc. By-Laws

I. AUTHORITY OF THE BOARD

A. Status: The Board of Directors is a body corporate which has general control and supervision of all matters pertaining to the governance and operation of Falls Lake Academy (“the school”) and Falls Lake Academy, Inc. (“the corporation”) and the authority to enforce all applicable school laws, rules, and regulations. With respect to the school and the corporation, all powers and duties conferred and imposed by law respecting charter schools and private nonprofit 501(c)(3) corporations which are not expressly conferred and imposed upon some other official agency are conferred and imposed by law upon the Board of Directors.

B. Powers: The Board shall govern the affairs of Falls Lake Academy and exercise its powers subject to the NC General Statutes governing public charter schools. The Board shall have the following specific powers:

- The election and removal of Board members. - The election and removal of Board Officers. - The governance of the business and the affairs and activities of the school, and the

development and enforcement of rules and regulations thereunto. - The power to enter into contracts, leases and other agreements which are, in the Board’s

judgment, necessary and/or desirable in obtaining the purposes of promoting the interests of the school. - The power to carry on the business of operating the school and apply any surplus that results

from the business activity to any activity in which the Corporation may engage. - The power of corporate trustee under any trust incidental to the Corporation’s or the school’s

purposes, and to receive, hold, administer, exchange, and expend funds and property subject to such a trust. - The power to acquire real and/or personal property, by purchase, exchange, lease, gift, devise,

bequest, or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber, convey, or otherwise dispose of such property. - The power to borrow money, incur debt, and to execute and deliver promissory notes, bonds,

debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. - The power to lend money received only from private sources and to accept conditional and

unconditional promissory notes therefore, whether interest or non-interest bearing, secured or unsecured. - The power to indemnify and maintain insurance on behalf of any of its members, officers,

employees, or agents for liability asserted against or incurred by any such persons in such capacity or arising out of such person’s status as such, subject to the provisions of the NC

Not-for-Profit Corporation Laws and the limitations noted in the Falls Lake Academy, Inc. By-Laws. II. DUTIES OF THE BOARD

A. To provide leadership and direction through the formulation of goals and objectives for the school, especially in defining and setting high academic standards for student success.

B. To create policies which establish standards, accountability and evaluation of essential operations for the school.

C. To take necessary steps ensuring legal compliance of the Board’s, the school’s, and the corporation’s functions and responsibilities.

D. To perform judicial functions by conducting hearings as appropriate or required by law regarding decisions of school personnel or of the Board.

E. To hire a Principal (Executive Director), to support the Principal (Executive Director) in his/her administration, and to evaluate and respond to recommendations made by the Principal (Executive Director), including recommendations pertaining to the educational program and facility needs of the school.

F. To develop and oversee the administration of the school’s annual budget, taking into account the budget recommendations of the Principal (Executive Director) and the school’s staff, and to develop long-range budget projections in support of a sound fiscal system of operations for the school and the corporation, including the raising of school funds.

G. To promote and support the school’s promotion of the school’s mission.

H. To be an advocate for the school, its employees, and especially its students, in all interactions with other governmental entities and with the public.

III. BOARD POLICY DEVELOPMENT

In order for the Board of Directors to effectively fulfill their responsibilities, an efficacious process must be used to make decisions. This process must maintain a clear balance between the pro-active planning of organizational objectives and the maintenance of current actionable items.

In order to support the Board of Directors decision-making process, the Board will establish committees to develop or address school policies which require implementation or new direction. After the review process is complete, each committee shall bring its recommendation to the full Board of Directors with regard to adoption of the policy in question. The full Board will then execute its responsibility to carefully review the recommendation and ensure that it aligns with the mission and vision of the school. The Board will then vote on the adoption and implementation of the recommended policies.

Under normal circumstances, the Board will not take action on the adoption of new policies until the end of an agreed-upon review period during which all Board members have had an opportunity to thoroughly review the proposed policies.

IV. PARENT AND COMMUNITY INVOLVEMENT IN SCHOOL GOVERNANCE

A. Board meetings: All Board meetings, as required by law, will be open to the public. The Board will provide notice to the community of Board meetings through public postings of meeting dates on the

school’s / corporation’s website and through other appropriate public locations, such as the public library. Board meetings will be held at a consistent time, date, and location each month in order to increase accessibility for parents and community members to attend. At each meeting the agenda will include time for public comments so that all community members will have a forum for voicing their comments.

B. Annual survey: The Board will conduct a yearly parent survey, available through both paper and online distribution so that all stakeholders have the opportunity to provide feedback. This survey will provide the Board with valuable feedback from stakeholders on the execution of the mission of the school.

C. Grievance policy: The Board will develop, adopt, and make available to all school stakeholders a grievance policy. This policy will outline the appropriate procedure for stakeholder’s grievances to be addressed by the Board. This policy will hold the Board accountable for addressing concerns from its stakeholders.

D. Parent support organization: The Falls Lake Academy Parents group (FLAP) will play a vital role in the life of the school. The Board will strongly encourage participation from all our student's families. FLAP will promote and support the mission and operation of the school by providing communication and volunteer assistance, building community spirit among our families through social events, supporting the school community service efforts to the broader community, and providing financial support via the establishment and implementation of a variety of fundraisers.

F.L.A.P will be charged with the accomplishment of some of its directives through the following:

- Communication: keeping our families informed - Volunteer Support: establishing a system of Parent Representatives for each grade and

homeroom - Community Service: Supporting school wide community service projects - School Culture and Spirit: Field Day, School Pride, and any other opportunity to build school

Spirit


ADOPTED 06-11-2013

REVISED 07-04-2016

1.0120 LINE AND STAFF RELATIONS

Legal References: G.S. 115C-47

Each employee of the Board shall be responsible to the Board through the chief administrator of Falls Lake Academy. All personnel shall refer matters requiring administrative action to the Principal to whom they report and are accountable.

At the time of implementation of this Board policy, the Principal (Executive Director) shall act as chief administrative officer for the school, including its buildings and grounds. He/She shall be responsible for and have authority over the actions of students, employees, visitors, and persons employed for special tasks in his/her specific school.

If the office of Managing Director or Executive Director is ever constituted and implemented by the Board, that person shall assume responsibility for the direct supervision of the Principal(s) (Associate Directors) of Falls Lake Academy. If/when such office is constituted and implemented, all authority as chief administrator transfers immediately to that person and is vested thereunto in that office. Principal(s) maintain responsibility and authority over the school to which he/she/they is/are assigned.

Whoever is acting in the capacity of and with the authority of chief administrator of Falls Lake Academy, whether Principal or Managing / Executive Director, shall report directly to the Board and shall be responsible for the successful operation of the school. He/She shall retain all authority – legal and otherwise – to act in the capacity of chief executive and chief operational officer of the school, including the supervision of all Board employees.

The Board shall adopt a new line-and-staff organizational chart at the time of any change in the constitution of administrative positions and shall publish such chart in the school’s student-parent handbook and on the school’s website.


ADOPTED 6-11-2013

REVISED 7-04-2016

1.0200 POLICY IMPLEMENTATION and ADMINISTRATIVE PROCEDURES

Legal References: G.S. 115C-276; 115C-47

I. POLICY IMPLEMENTATION

The chief administrator Executive Director of Falls Lake Academy is responsible for implementing Board policies and for interpreting them to staff, students, and the public. All other administrators share in this responsibility.

II. ADMINISTRATIVE REGULATIONS AND PROCEDURES

Many of the Board's policies require implementing administrative procedures. The FLA chief administrator Executive Director shall develop these procedures, in consultation with staff members and other persons and groups as appropriate to the topic, and shall submit these procedures to the Board for review and adoption if Board action is necessary or advisable.

Administrative procedures officially approved and/or adopted by the Board shall be included in the Board's Policies and Administrative Procedures Manual. Staff, student, and parent handbooks shall also be used for disseminating Board policies and regulations to those directly affected by them.

Within the parameters and intent of adopted Board policies and approved administrative procedures, the FLA chief administrator is authorized to establish further rules and procedures for the staff and students of the school, subject to review and approval of the Board.

III. BOARD REVIEW OF ADMINISTRATIVE PROCEDURES

The Board reserves the right to review all administrative procedures but shall revise them only when, in the Board's judgment, they are inconsistent with policies and regulations set by the Board.

IV. ADMINISTRATION IN THE ABSENCE OF ADOPTED POLICY AND/OR APPROVED ADMINISTRATIVE PROCEDURE

The FLA chief administrator is authorized to take action and make such emergency decisions on matters not addressed by Board policy as he/she may find necessary. All such decisions that rise above the level of routine administrative action or decision shall be reported to the Chair or Vice-chair of the Board as soon as practical and to the full Board at its next meeting. Such actions and decisions will be valid until the Board either takes action or declines to take action, in which case the chief administrator’s action or decision shall establish precedent for further action or decisions, unless and until the Board re-visits the issue.


ADOPTED 05-14-2013

REVISED 07-04-2016

1.1000 GOVERNING PRINCIPLES

Legal Reference: NC G.S. § 115C-238.29 Article 14A of 115C (GS 115C-218)

Cross Reference: Original charter application

I. MISSION

Falls Lake Academy seeks to create a challenging learning environment while striving to meet the academic, social, and emotional needs of our twenty-first century learners to prepare them for citizenship, leadership, and success in a rapidly-changing world. Our school promotes a safe, orderly, caring, and supporting community. Each student’s self-esteem is fostered by positive relationships with students and staff. We strive to have our parents, teachers, and community members actively involved in our students’ learning.

Falls Lake Academy: a place where education and community combine to celebrate each child’s ambitions so that their full potential can TAKE FLIGHT!

II. CORE VALUES

We believe:

- Students with twenty-first century skills will become community leaders as well as global leaders. - Students will excel academically and socially through community outreach. - Students benefit from challenging experiential and traditional learning experiences. - We strive for our school to be a community of eager students, dedicated staff, and committed families.

III. PURPOSES

In compliance with the legislated purposes of all North Carolina charter schools (ref. NC G.S. 115C Part 6A, 238.29), the Falls Lake Board of Directors adopts the six general purposes designated in the law as its guiding purposes, around which and according to which all Board operations and directives are organized:

A. Improvement of student learning

B. Increase of learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as at-risk of academic failure or academically gifted.

C. Encouragement of the use of different and innovative teaching methods.

D. Creation of new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site.

E. Provision of expanded choices for parents and students in the types of educational opportunities that are available within the public school system.

F. Accountability of the school for meeting measurable student achievement results, and provision of the school with a method to change from rule-based to performance-based accountability systems. IV. POLICIES

Policies are the primary means by which the Board expresses its vision for the school and directs the FLA Principal and staff in the day-to-day direction and management of Falls Lake Academy. In formulating specific policies, the Board is guided by governing principles it considers critical to providing an excellent school in which all students can succeed and which fulfill the responsibilities associated with meeting the legislated general purposes of charter schools. These governing principles are referenced frequently in the Board policies:

A. Student success: As its top priority, an excellent school provides opportunities for individual students to succeed and overall student performance to improve.

B. Parental involvement. An excellent school involves parents in decisions regarding their own children, the educational program, and the school.

C. Safe, orderly and inviting environment: An excellent school creates and maintains a safe and orderly environment in which staff and students are focused on and excited about learning.

D. School initiatives: An excellent school initiates improvements to the educational program and services for students and involves staff, parents and students in the school level decision-making processes.

E. Professional development: An excellent school provides continuous professional development and training to help its personnel gain the skills and knowledge needed to meet The North Carolina State Board of Education and its own Board expectations, especially as they relate to improving student performance.

F. Removal of barriers: An excellent school prohibits illegal discrimination and harassment of staff and students, encourages tolerance and respect, and seeks to eliminate or lessen other barriers that may impede a student's ability or opportunity to learn, including economic disadvantages, poor nutrition, ill- health, and lack of transportation.

G. Stewardship of resources: An excellent school conserves financial and environmental resources and operates in an efficient manner.

V. RESPONSIBILITIES OF THE BOARD

In order to fulfill the purposes listed in Section III and remain true to the governing principles listed in Section IV, the Board recognizes and adopts the following five major responsibilities unto itself:

1. The fulfillment of all legal responsibilities associated with the governance of both the corporation and

the school. 2. Continuous promotion and support of the FLA mission. 3. Hiring and supervision of the FLA administrator(s). 4. Establishment of Board policies (see Section IV). 5. Oversight of the school budget and the raising of school funds.


ADOPTED 5-28-2013

REVISED 10-6-2015

REVISED 7-04-2016

1.3100-4.3100 PARENTAL INVOLVEMENT

Legal References: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g

No Child Left Behind Act, 20 U.S.C. 6318 34 C.F.R. 200.37 -200.39 G.S. 90-21.1, 115C-47(47), - 47(51), -81(e1), -307(c), -375.4 State Board of Education Policy FCB-A-000

Cross References: 3.8100 PROMOTION AND RETENTION

1.7430-4.3700 STUDENT-PARENTGRIEVANCE PROCEDURE 4.3600 CODE OF STUDENT CONDUCT

This policy applies to the parents, legal guardians, and legal custodians of students who are under 18 years old and are not married. Unless otherwise stated in specific policies, references to “parents” also include persons acting in the place of parents, such as legal guardians or legal custodians.

I. PARENTAL ROLE RECOGNIZED AND ENCOURAGED

The Board recognizes the critical role parents play in the education of their children and their involvement in the school and its programs. The Board directs the administrators of Falls Lake Academy to develop programs that will promote and support parental involvement in student learning and achievement at school and at home and encourage successful progress toward graduation. Each parent is encouraged to learn about the educational program, the educational goals and objectives of the school system, and his/ her own childʼs progress. In order to encourage effective communication, the Board also encourages parents to participate in activities designed by school personnel to involve them, such as parent conferences.

II. PARENT INVOLVEMENT IN SCHOOL PLANS

The Board directs the FLA staff and administration to include the Board directives provided herein in any long-range program plans and/or school improvement plans that are developed by the FLA professional staff. Such plans must include ways to enhance, at a minimum, parental involvement in the following areas:

- meaningful two-way communication between home and school; - the promotion of responsible parenting; - the involvement of parents in student learning; - the promotion of parental volunteering in the school; - the involvement of parents in school decisions that affect children and families; - parental training; - community collaboration; and - the promotion of student health services.

A. Parent Communication and Conferences: The Board encourages regular contact with parents by school personnel for commendation as well as for notification of concerns. FLA administrators shall plan for periodic communications with parents. Teachers are responsible for scheduling and holding periodic conferences with parents.

B.Annual Notification: The Principal (Chief Administrator) or his/her designee shall effectively notify parents each year of the following:

- parental rights related to student records; - parental rights related to student surveys; - the approximate dates of any non-emergency, invasive physical examination that is:

1) required as a condition of attendance, 2) administered and scheduled in advance by the school administration, and 3) not necessary to protect the immediate health and safety of students, and their right to

opt their children out of any such examination; - the schedule of pesticide use on school property and their right to request notification of

nonscheduled pesticide use; - the Code of Student Conduct and school rules on conduct (Board policy 4.3600); - the permissible use of seclusion and restraint in the schools; - the Discrimination, Harassment and Bullying Complaint Procedure (Board policy

1.7200-4.3501-7.1512); - the Student Parent Grievance Procedure (Board policy 1.7430-4.3700); - the grading practices that will be followed at the school and, for the high school, the means

of computing the grade point averages that will be used for determining class rank; - a description of the curriculum being offered; - sports and extracurricular activities available for students; - supportive services available to students, including guidance, counseling, and health services; - information about meningococcal meningitis and influenza, including the causes, the symptoms,

the vaccines, the manner in which diseases are spread, and places at which additional information and vaccinations may be obtained; - for students in grades five through twelve, information about cervical cancer, cervical dysplasia,

and human papillomavirus, including the causes and symptoms of these diseases, the manner in which they are transmitted, the manner in which they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and places where parents and guardians may obtain additional information and vaccinations for their children; - the manner in which school officials in emergency situations during non-school hours may

be reached; - the schoolʼs written parental policy regarding parentsʼ rights to be involved in their childʼs

school and opportunities for parents to be involved in the school; - procedural safeguards for parents of children with disabilities; - that the school does not discriminate on the basis of race, color, national origin, sex, disability,

or age.

C. Opting Out: As a part of the annual notification described herein, parents shall be effectively notified through the Student-Parent Handbook that consent may be withheld for or they may opt out of any of the following:

- release of student directory information about his/her child for school purposes or to outside

organizations; - a student's participation in curricula related to

1) the prevention of sexually transmitted diseases, including Acquired Immune Deficiency

Syndrome (AIDS); 2) the avoidance of out-of-wedlock pregnancy; or 3) reproductive health and safety. [A copy of the materials that will be used in these curricula will be available in the school office throughout the school year]; - their child’s participation in academic or career guidance or personal or social counseling

services of a generic nature offered to groups of students; provided, however, parental notification and permission are not required for 1) short-duration academic, career, personal or social guidance and counseling and crisis

intervention that is needed to maintain order, discipline, or a productive learning environment; 2) student-initiated individual or group counseling targeted at a studentʼs specific concerns

or needs; or 3) counseling if child abuse or neglect is suspected. - their child’s participation in non-Department of Education-funded surveys concerning protected

topics.

Any parent or legal guardian wishing to withhold consent for any of these program activities must do so in writing after receiving notice. Otherwise, consent for their children’s participation in all programs or activities not opted out of are presumed. After the annual notification, the school is not required to provide further notice to the parents as to the manner in which student directory information is used, the curriculum is provided, or the guidance programs are made available.

D. Parental Permission Is Required prior to the following:

- administration of medications to students by employees of the school (Board policy

4.4340/6.125); - any release of student records that are not considered directory information unless the

release is allowed or required by law ; - off-campus trips; - a studentʼs participation in high impact or high risk sports or extracurricular activities, such as

football or mountain climbing ; - all decisions or actions as required by the IDEA with regard to providing special education (EC)

or related services to children with disabilities; - certain health services, as required by law; - a student’s participation in programs or services providing information about the manner in

which students may obtain contraceptives or abortion referral services; - a student's participation in surveys funded by the Department of Education that are conducted

concerning protected topics; and - disclosure of a studentʼs free and reduced lunch eligibility status.


ADOPTED 06-11-2013

REVISED 07-04-2016

1.5100-4.3000-7.2700 SCHOOL SAFETY

Legal References: G.S. 14-208.18, 115C-36, -47, 115C-105.475, -307, -391, -391.1, -524

Safe schools are critical to creating a learning environment in which all students can be successful. Staff and students share in the responsibility for taking reasonable precautions and safety measures to create and maintain a safe school. The following safety measures must be implemented at Falls Lake Academy.

I. SUPERVISION OF STUDENTS

Students must be reasonably supervised while in the care and custody of the school. This supervision must occur throughout school hours, including during class, between classes, on the playground, during recess or lunch periods, during authorized school trips, and while traveling to and from school events.

II. SUPERVISION OF VISITORS

FLA administrators shall strictly enforce all Board policies relating to volunteers and visitors on the FLA campus, at all times.

III. CARE OF SCHOOL BUILDINGS AND GROUNDS

The chief administrator of Falls Lake Academy shall inspect the school buildings and grounds on a regular basis for health, fire and safety hazards. The chief administrator must notify the Board chair or chair of the Board’s Facilities Committee immediately of repairs needed in order to meet safety standards.

Any staff member who observes any potential hazard must immediately notify his/her Principal.

Proper signs indicating potential danger must be posted wherever appropriate.

The chief administrator must provide copies of floor plans of all school buildings and site plans showing campus boundaries and access points to local law enforcement and emergency management agencies.

IV. ESTABLISHING PROCEDURES TO ADDRESS POTENTIAL SAFETY CONCERNS

A. Safe School Plan: The Principal shall direct the development of a Safe School Plan which shall be reviewed and updated (and/or revised) annually by the school staff and Parent Advisory Council. The Plan shall include, but not necessarily be limited to, provisions for the following:

- management of disruptive and/or dangerous student behavior, and on-site training for same for

key personnel; - procedures for the safe conduct of students to and from the building(s), fields, playgrounds,

parking lots, pick-up and drop-off areas, and on and off the school property; - fire and emergency weather procedures and provisions for student drills to ensure familiarity

with procedures that might well keep them safe in the event of such emergencies;

- campus lockdown and evacuation procedures and drills; - procedures to ensure student safety when leaving school before the end of the day and when

arriving at school after the day begins; - procedures for student handling of potentially dangerous equipment and materials; - procedures for the handling and management of sudden medical emergencies affecting both

students and staff members, as well as on-campus visitors; - procedures for ongoing staff training in CPR, use of portable defibrillators and other standard

emergency equipment, and other such specialized knowledge and skill as the Principal, the PAC, the staff, and/or the Board shall deem necessary and advisable; - the use of approved and authorized volunteers as security patrol personnel at key times and

during special events, and training for same; - safe workplace guidelines and expectations for the staff; and - management of visitors’ access to students, facilities, and staff while on-campus as well as

procedures to document their presence and activities during visits.

B. School Rules and Training: The Principal shall establish a written set of rules to help prevent accidents in buildings, on school grounds, or on the playgrounds. Staff training shall include instruction in being alert and able to recognize and respond to behavior, information, and related indicators which warn of impending problems. In addition, as a part of instruction, school personnel shall teach and review with students the school’s’ safety procedures and precautions for handling chemicals or potentially dangerous equipment and for responding to threats to school safety.

Each school shall practice emergency drills on a regular basis.

C. Reporting Suspicious Behavior: Students should notify any staff member of any acts of violence, harassment, bullying or any other unusual or suspicious behavior that may endanger anyone’s safety. Ongoing student education efforts will aim at minimizing any fear, peer pressure, embarrassment, or other impediments to students reporting potential problems.

Maintaining a safe school environment that is conducive to learning also requires the school’s staff to be proactive in dealing with violence, harassment, and bullying. Staff members must report immediately to the Principal any information reported by a student or their own observation of unusual or suspicious behavior or acts of violence, harassment or bullying. The Principal is required to investigate and act upon any reports of such behavior including, when appropriate, reporting criminal activities to law enforcement and the Board chair.

V. REGISTERED SEX OFFENDERS

The principal shall register the school with the North Carolina Sex Offender and Public Protection Registry to receive e-mail notification when a registered sex offender moves within a one-mile radius of the school.

VI. STUDENT BEHAVIOR STANDARDS

Students are expected to meet all behavior standards set forth in the Board policies. Cross Reference

Board Policy 4.3600 _ Student Code of Conduct.


ADOPTED 06-11-2013

REVISED 07-04-2016

1.6100-7.8000 PROFESSIONAL DEVELOPMENT

Legal References: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.,

34 C.F.R. pt. 106 G.S. 115C-105.47(b) (9), -333(b)REPEALED State Board of Education Policy TCP-C-004

Cross References: 1.7500-7.1500 GRIEVANCE PROCEDURES

The Board believes a strong relationship exists between the quality of education provided to students and the competency and training of all personnel employed by the school. The Board places a high priority on securing the most competent professional personnel available and, once they are employed, in assisting them in their professional growth and development throughout their careers. The goals of professional and staff development programs and opportunities are to improve the instructional program and to create and maintain a safe learning environment for all students by improving and expanding the skills of the professional staff.

A. Professional Development: The Principal shall provide ongoing professional staff development opportunities for all licensed employees and such classified employees as he/she deems appropriate. The Principal shall seek input from school personnel in planning professional development programs.

B. Self-Improvement: Certified, licensed professional employees are responsible for self-improvement. These employees are encouraged to seek information and training through staff development programs as well as other opportunities in order to meet this responsibility.

C. Plans for Growth and Improvement: The Principal may also require employees to enter into plans, including individual, monitored, and/or directed growth plans for professional growth and to improve performance. Such plans should set clear expectations and facilitate clear communication between the evaluator and the evaluatee. Goals should be individualized and have a direct impact on instruction.

A performance improvement plan could involve participation in a staff development program or a variety of strategies related to professional growth or the improvement of performance.

Action plans are required for all licensed employees who receive a “below standard” or “unsatisfactory” rating on any performance evaluation. If and when Falls Lake Academy participates in the state Teacher Evaluation System, a monitored growth plan developed in accordance with State Board policy is required for all teachers who are rated “developing” on one or more standards of the evaluation Rubric. Teachers who are rated “Not Demonstrated” on any standard or who are rated “developing” on any standard for two sequential years must be placed on a directed growth plan if their employment with FLA is continued. These plans satisfy the requirement for an Action Plan.

A plan required by the Principal may be appealed to the Board or to the Principal’s supervisor if such office exists in the organizational scheme of the school following the grievance procedure in Board policy 1.7500-7.1500 if the employee contends that

1) the plan is not likely to improve performance; 2) the Principal abused his/ her discretion in developing the plan; or 3) the plan was not developed in conformance with any mandatory procedures.

D. Payment of Costs: The Board will consider paying reasonable costs, within budget limits, for any courses, workshops, seminars, conferences, in-service training sessions, or other sessions an employee is required to attend by the Principal in addition to those professional development opportunities budgeted and provided for in the regular professional development plan for the year in which such requirements occur. The employee must seek prior approval for any such payments.

Neither the Board nor the school shall bear the responsibility of the cost of training taken by any employee solely for the purposes of licensure renewal.


ADOPTED 04-23-2013

1.7100 PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT, AND BULLYING

Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., 29 C.F.R. pt. 1604 Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., 34 C.F.R. pt. 106 Equal Employment Opportunity Commission's "Final Amended Guidelines on

Discrimination Because of Sex" Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. Family Educational Rights and Privacy Act, 20 U.S.C. 1232g The Rehabilitation Act of 1973, 29 U.S.C. -705(20), -706(8), -794, 34 C.F.R. pt. 104 Americans With Disabilities Act, 42 U.S.C. 12101 et.seq., 28 C.F.R. pt. 35 Racial Incidents and Harassment Against Students at Educational Institutions, Investigative

Guidance, U.S. Department of Education, Office for Civil Rights (2001) Revised Sexual Harassment Guidance: Harassment of Students by School Employees,

Other Students, or Third Parties, U.S. Department of Education, Office of Civil Rights (2001) Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998) NC G.S. 115C-335.5,-407.9 through -401.12 NC G.S. 126-16 NC State Board of Education Policy HRS-A-007

Cross References: 1.7200/4.3501/7.1512 Discrimination, Harassment, Bullying and Other Harassment

Complaint Procedures 1.7500 Grievance Procedures 4.3600 Code of Student Conduct 7.1600 Employee Student Relations

I. PROHIBITED BEHAVIORS AND CONSEQUENCES

1. Illegal Discrimination, Harassment, and Bullying

Students, school employees, volunteers, visitors, and Board members are expected to behave in a civil and respectful manner. The Board expressly prohibits unlawful discrimination, harassment, and bullying.

Students are expected to comply with the behavior standards established by Board policy and the Code of Student Conduct. Employees and Board members are expected to comply with Board policy and school regulations. Volunteers and visitors on school property and/or at school-sponsored activities or activities in which the Board is involved and/or participating are also expected to comply with Board policy and established school rules and procedures.

Any violation of this policy is serious and school officials shall promptly take appropriate action.

Students will be disciplined in accordance with the school's Code of Student Conduct (see Board policy 4.3600).

Employees who violate this policy will be subject to disciplinary action, up to and including possible dismissal.

Volunteers and visitors who violate this policy will be directed to leave school property, may be barred from returning to school property, may be reported to law enforcement, and may or may not be prosecuted, as appropriate to the situation.

When considering if a response to violations of this policy beyond the individual level is appropriate, school administrators should consider the nature and severity of the misconduct to determine whether a classroom or school-wide response is necessary. Such classroom or school-wide responses may include staff training, discrimination, harassment and bullying prevention programs, and/or other measures deemed appropriate by the Principal, Managing Executive Director (if/when this position becomes operational), or the Board to address the behavior.

2. Retaliation

The Board prohibits reprisal or retaliation against any person for

(a) reporting or intending to report violations of this policy; or (b) supporting someone for reporting or intending to report a violation of this policy; or (c) participating in the investigation of reported violations of this policy.

After consideration of the nature and circumstances of the reprisal or retaliation and in accordance with applicable federal, state, and/or local laws, policies and regulations, school officials shall determine the consequences and remedial action for a person found to have engaged in reprisal or retaliation.

II. APPLICATION OF POLICY

This policy prohibits unlawful discrimination, harassment, and bullying by students, employees, Board members, volunteers, and visitors to the schools. "Visitors" includes all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school.

This policy shall apply to, but is not limited to, behavior that takes place in the following circumstances:

- in any school building or on any school premises owned or operated by the Board during or

after school hours; - on any bus or other vehicle owned or operated by the Board during or after school hours; - during or at any school function, extracurricular activity, or other school activity or event sponsored by the school or in which the school is involved or represented; - at any time or place when the individual is subject to the authority of school personnel; - while the individual is using school electronic communications; - at any time or place while the individual is using personal electronic communications and

any of the above situations or circumstances apply; or - at any time or in any place when the behavior of the individual has an effect on maintaining

order and discipline in the school or with regard to appropriate staff and student relations, appropriate relationships between students, or an appropriate and positive learning environment for students.

III. DEFINITIONS

For purposes of this policy, the following definitions will apply.

A. Discrimination: any act that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, religion, age, or disability. Discrimination may be intentional or unintentional.

B. Bullying and harassing behavior: any single act, pattern of gestures, written or electronic communication or transmission, verbal communications, physical act, or threatening communication which:

1) places a student or employee in actual and reasonable fear of harm to his or her person or

damage to his or her property; or 2) creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits.

Bullying and harassing behavior may also include unwanted, unwelcome, and/or uninvited behavior which a reasonable person would consider demeaning, threatening, or offensive to the victim and which results in a hostile environment for the victim.

Harassment and bullying may include, but are not limited to, behaviors described above which are reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by any individual's association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental physical, developmental or sensory disability.

Examples of behavior that may constitute bullying or harassment include, but are not limited to, verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, lewd propositions, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Legitimate age-appropriate pedagogical techniques are not considered harassment or bullying.

C. Hostile environment: created or established when the victim subjectively views the conduct in question (see above) as harassment or bullying and that the conduct is objectively severe or pervasive enough so that a reasonable person would agree that it is harassment or bullying. A hostile environment may be created through pervasive or persistent misbehavior or by a single incident, if sufficiently severe.

D. Sexual harassment : Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1) submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic progress, or completion of a school-related activity; or

2) submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or in the case of a student, submission to or rejection of such conduct is used in evaluating the individual's performance within a course of study or other school-related activity; or

3) such conduct is sufficiently severe, persistent or pervasive so that is has the purpose or effect of unreasonably interfering with an employee's work or performance or a student's educational performance, limiting a student's ability to participate in or benefit from an educational program or environment, or creating an abusive, intimidating, hostile, or offensive work or educational environment.

Sexually harassing conduct includes, but is not limited to:

- deliberate, unwelcome touching that has sexual connotations or is of a sexual nature; - suggestions or demands for sexual involvement accompanied by implied or overt promises or

preferential treatment or threats; - pressure for sexual activity; - continued or repeated offensive sexual flirtations, advances, and/or propositions; - continued or repeated verbal remarks about an individual's body; - sexually degrading words used toward an individual or to describe an individual; or - the display of sexually suggestive drawings, objects, pictures, written materials or body parts.

Acts of verbal, nonverbal, electronic or physical aggression, intimidation, or hostility based on sex, but not involving sexual activity or language, may be combined with incidents of sexually harassing conduct to determine if the incidents of sexually harassing conduct are sufficiently serious to create a sexually hostile environment.

E. Gender-based harassment: may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature.

F. Electronic communication: includes, but is not limited to, communications or transmissions through employee and/or student emails, text messaging, instant messaging, chat rooms, blogging, websites and social networking websites.

G. Situational / relationship circumstances: It is possible for harassment, bullying, sexual harassment, and gender-based harassment to occur in various situations. For example, it may occur between fellow students or coworkers, between supervisors and subordinates, between employees and students, or imposed by non-employees, including visitors, employees, and/or students. Harassment or bullying may occur between members of the opposite sex or between members of the same sex.

IV. REPORTING AND INVESTIGATIONS

Employees are required to report any actual or suspected violations of this policy. Students, parents, volunteers, visitors, and all others are strongly encouraged to report any actual or suspected incidents of discrimination, harassment or bullying. All reports should be made in accordance with Board policy 1.7200-4.3501-7.1512, Discrimination, Harassment, and Bullying Complaint Procedures to one of the school officials identified in the applicable policy. Reports may be made anonymously and all reports shall be investigated in accordance with the applicable policy.

V. RECORDS AND REPORTING

The Managing Executive Director (if/when this position becomes operational) and/or the Principal and any employee investigating a complaint under this policy shall maintain confidential records of complaints of reports of discrimination, harassment or bullying which identify the names of any individuals accused of such offenses and the resolution of such reports or complaints. The Managing Executive Director (if/when this position becomes operational) and/or the Principal shall also maintain records of training and corrective action or other steps taken to help provide an environment free of discrimination, harassment and bullying.

The Managing Executive Director (if/when this position becomes operational) and/or the Principal shall report to the Board and to the North Carolina State Board of Education all verified cases of discrimination, harassment or bullying through the Discipline Data Collection Report or through other means required by the State Board of Education.


ADOPTED 12-3-2013

REVISED 7-04-2016

1.7105 PHYSICAL, MENTAL, SEXUAL ABUSE, HARASSMENT, MOLESTA- TION PREVENTION

Legal References: Revised Sexual Harassment Guidance: Harassment of Students by School Employees,

Other Students, or Third Parties, U.S. Department of Education, Office of Civil Rights (2001) Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998) NC G.S. 115C-335.5,-407.9 through -401.12 NC G.S. 126-16 NC State Board of Education Policy HRS-A-007

Cross References: 1.7100 PROHIBITION AGAINST ILLEGAL DISCRIMINATION,HARASSMENT,AND

BULLYING 1.7200/4.3501/7.1512 Discrimination, Harassment, Bullying and Other Harassment

Complaint Procedures 1.7500 Grievance Procedures 4.3600 Code of Student Conduct 7.1600 Employee Student Relations

I. STATEMENT OF INTENT

Falls Lake Academy does not condone, permit, or tolerate actual or threatened acts of physical or mental abuse, sexual abuse, sexual molestation, or sexual misconduct (collectively hereinafter referred to as “prohibited conduct”) to occur in the workplace or at any activity sponsored by or related to FLA events or regular school activities at any time or under any circumstances. In order to make this “zero-tolerance” policy clear to all employees, volunteers, and staff members, the Board has adopted and put into place mandatory procedures that employees, volunteers, family members, Board members, individuals, and victims are instructed to and must follow when they reasonably suspect, learn of, or witness prohibited conduct.

II. DEFINITIONS

For purposes of this policy, the following definitions will apply.

A. Abuse, molestation: Abuse or molestation means each every, and all actual, threatened, or alleged acts of physical or mental abuse, sexual abuse, sexual molestation, or sexual misconduct performed by one person or by two or more persons acting together.

B. Harassment: any single act, pattern of gestures, written or electronic communication or transmission, verbal communications, physical act, or threatening communication which:

1) places a student or employee in actual and reasonable fear of harm to his or her person; 2) creates or is certain to create a hostile environment for one or more students by substantially

interfering with or impairing a student's educational performance, opportunities or benefits; or 3) constitutes or establishes an atmosphere of unease, fear, or discomfort for staff members with

regard to the presence or proximity of a harassing individual.

1 Harassment may also include unwanted, unwelcome, and/or uninvited behavior which a reasonable person would consider demeaning, threatening, or offensive to the victim and which results in a hostile environment for the victim. Harassment also may include, but is not limited to, behaviors described above which are reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by any individual's association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental physical, developmental or sensory disability.

Examples of behavior that may constitute harassment include, but are not limited to, verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, lewd propositions, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Legitimate age-appropriate pedagogical techniques are not considered harassment or bullying.

C. Hostile environment: created or established when the victim subjectively views the conduct in question (see above) as harassment or bullying and that the conduct is objectively severe or pervasive enough so that a reasonable person would agree that it is harassment or bullying. A hostile environment may be created through pervasive or persistent misbehavior or by a single incident, if sufficiently severe.

D. Sexual harassment : Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1) submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic progress, or completion of a school-related activity; or

2) submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or in the case of a student, submission to or rejection of such conduct is used in evaluating the individual's performance within a course of study or other school-related activity; or

3) such conduct is sufficiently severe, persistent or pervasive so that is has the purpose or effect of unreasonably interfering with an employee's work or performance or a student's educational performance, limiting a student's ability to participate in or benefit from an educational program or environment, or creating an abusive, intimidating, hostile, or offensive work or educational environment.

Sexually harassing conduct includes, but is not limited to:

- deliberate, unwelcome touching that has sexual connotations or is of a sexual nature; - suggestions or demands for sexual involvement accompanied by implied or overt promises or

preferential treatment or threats; - pressure for sexual activity; - continued or repeated offensive sexual flirtations, advances, and/or propositions; - continued or repeated verbal remarks about an individual's body; - sexually degrading words used toward an individual or to describe an individual; or - the display of sexually suggestive drawings, objects, pictures, written materials or body parts.

Acts of verbal, nonverbal, electronic or physical aggression, intimidation, or hostility based on sex, but not involving sexual activity or language, may be combined with incidents of sexually harassing conduct to determine if the incidents of sexually harassing conduct are sufficiently serious to create a sexually hostile environment.

2

E. Gender-based harassment: may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature.

F. Electronic communication: includes, but is not limited to, communications or transmissions through employee and/or student emails, text messaging, instant messaging, chat rooms, blogging, websites and social networking websites.

G. Situational / relationship circumstances: It is possible for harassment, bullying, sexual harassment, and gender-based harassment to occur in various situations. For example, it may occur between fellow students or coworkers, between supervisors and subordinates, between employees and students, or imposed by non-employees, including visitors, employees, and/or students. Harassment or bullying may occur between members of the opposite sex or between members of the same sex.

III. REPORTING PROCEDURE

All FLA staff members and Board-approved volunteers serving in the school who learn of or have a reasonable suspicion of prohibited conduct toward a student which is addressed by this policy must immediately report it to the chief FLA administrator Executive Director or, if that person is the alleged perpetrator, to the FLA Board chair or, if that person is the alleged perpetrator, to the FLA Board vice- chair. The person to whom such prohibited conduct is reported shall then follow NC State guidelines for reporting such prohibited conduct, including notification of same to the local law enforcement and/or social service agencies designated to receive such reports.

All FLA staff members and Board-approved volunteers serving in the school who are victims of, learn of, or have a reasonable suspicion of prohibited conduct toward a staff member or volunteer must immediately report it to the chief FLA administrator Executive Director or, if that person is the alleged perpetrator, to the FLA Board chair or, if that person is the alleged perpetrator, to the FLA Board vice- chair.

IV. INVESTIGATION AND FOLLOW-UP

Falls Lake Academy takes allegations of prohibited conduct seriously. Once an allegation is reported, the person to whom such prohibited conduct is reported shall initiate an investigation of the allegation immediately, thoroughly, and impartially in accordance with Board policy 1.7200-4.3501-7.1512: Discrimination, Harassment, and Bullying Complaint Procedures. Such investigations may be undertaken by an internal team comprised of fellow employees or by an independent third party contracted for just such a situation. FLA will cooperate fully with any investigation conducted by law enforcement or regulatory agencies, and the complaint and results of the ensuing investigation may be referred to those agencies. The Board reserves the right to place the target(s) of any such investigation on an involuntary leave of absence or to reassign that person to responsibilities that do not involve personal contact with specified individuals and/or with students. To the fullest extent possible, but consistent with our legal obligation to report suspected prohibited conduct to appropriate authorities, the FLA Board will endeavor to keep the identity of the target(s) and the alleged vicitm(s) confidential.

If any investigation instituted by these procedures substantiates the allegation, this policy hereby establishes such substantiation as grounds for immediate disciplinary penalties – which shall be applied in addition to any action by law enforcement or regulatory agencies – including but not limited to the possible termination of the target’s relationship with Falls Lake Academy.

V. RETALIATION PROHIBITED

Falls Lake Academy prohibits retaliation against anyone, including employees, volunteers, Board members, students, or administrators, who in good faith reports alleged or suspected prohibited conduct. Retaliation against any and all participants in any investigation arising from such reporting is also prohibited. Any staff member, employee, or student who retaliates against anyone who has made a good faith allegation of prohibited conduct or intentionally provides false information to that effect will be subject to immediate discipline, up to and including possible termination or expulsion.

VI. ACKNOWLEDGEMENT

I, , acknowledge that I have received and read this physical or mental abuse and sexual abuse, sexual misconduct, and sexual molestation prohibition policy immediately preceding my signature below. I understand that I am bound to follow the policy and I understand the consequences in the event that I fail to do so.

Name (printed)

Signature

Date

Dates and signatures of annual review (in employee’s/volunteer’s own handwriting):


ADOPTED 04-23-2013

REVISED 7-04-2016

1.7200-4.3501-7.1512 DISCRIMINATION, HARASSMENT AND BULLYING COMPLAINT PROCEDURES

Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., 29 C.F.R. pt. 1604 Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., 34 C.F.R. pt. 106 Equal Employment Opportunity Commission's "Final Amended Guidelines on

Discrimination Because of Sex" Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. Family Educational Rights and Privacy Act, 20 U.S.C. 1232g The Rehabilitation Act of 1973, 29 U.S.C. -705(20), -706(8), -794, 34 C.F.R. pt. 104 Americans With Disabilities Act, 42 U.S.C. 12101 et.seq., 28 C.F.R. pt. 35 Racial Incidents and Harassment Against Students at Educational Institutions, Investigative

Guidance, U.S. Department of Education, Office for Civil Rights (2001) Revised Sexual Harassment Guidance: Harassment of Students by School Employees,

Other Students, or Third Parties, U.S. Department of Education, Office of Civil Rights (2001) Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998) NC G.S. 115C-335.5,-407.9 through -401.12 NC G.S. 126-16 NC State Board of Education Policy HRS-A-007

Cross References: 1.7100 Prohibition Against Illegal Discrimination, Harassment, and Bullying

1.7200/4.3501/7.1512 Discrimination, Harassment, Bullying and Other Harassment

Complaint Procedures 1.7500 Grievance Procedures 4.3600 Code of Student Conduct 7.1600 Employee Student Relations

The Board takes seriously all complaints of unlawful discrimination, harassment, and bullying. The process provided in this policy is designed and is available for those individuals who believe that they may have been discriminated against, bullied or harassed in violation of this policy. Individuals who have witnessed or have reliable information that another person has been subject to unlawful discrimination, harassment, or bullying also should report such violations to a school official.

I. DEFINITIONS

A. Alleged Perpetrator: the individual alleged to have discriminated against, harassed, or bullied the complainant.

B. Complaint: oral or written notification made by a person who believes he/she is the victim of unlawful discrimination, harassment or bullying.

C. Complainant: the person making or reporting a complaint that he/she or another person was discriminated against, harassed, or bullied.

D. Days: working days, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the school calendar. In counting days, the first day will be the first full working day following receipt of the complaint. When a complaint is submitted on or after May 1, time limits will consist of all calendar days, Monday–Friday, regardless of vacation days or holidays, so that the matter may be resolved before the close of the school term or as soon thereafter as possible.

E. Investigative Report: written account of the findings of the investigation conducted in response to a complaint.

F. Investigator: school official responsible for investigating and responding to the complaint.

G. Definitions of Infractions: The terms “Harassment,” “Bullying,” “Discrimination,” "Sexual Harassment," and “Gender-based Harassment" are defined in policy 1.7100.

II. REPORTING OF COMPLAINTS

A. Mandatory reporting by school employees: Any employee who witnessed or who has reliable information or reason to believe that an individual may have been discriminated against, harassed, or bullied in violation of policy 1.7100 must report the offense immediately to an appropriate individual. An employee who does not promptly report possible discrimination, harassment, or bullying shall be subject to disciplinary action.

B. Reporting by Other Parties: All members of the school community, including students, parents, volunteers, and visitors, are also strongly encouraged to report any act that may constitute an incident of discrimination, harassment, or bullying.

C. Anonymous Reporting: Reports of discrimination, harassment, or bullying may be made anonymously, but formal disciplinary action may not be taken solely on the basis of an anonymous report.

D. Reporting a complaint:

1) Students (or their parents) who believe that they or someone else have/has been illegally discriminated against, harassed, or bullied should submit their complaint in writing to their teachers or, if the teacher is the alleged perpetrator, to the Principal Executive Director.

2) Persons other than students or parents, including school employees, who believe that they or someone else have/has been illegally discriminated against, harassed, or bullied should submit their complaints in writing to the Principal Executive Director or, if the Principal Executive Director is the alleged perpetrator, to any member of the Board. [NOTE: If/when the position of Managing Executive Director becomes operational, then these complaints alleging that they or someone else have/has been discriminated against, harassed, or bullied by the Principal should submit their written complaints to the Managing Executive Director instead of to the Board.]

E. Time Period for Filing a Complaint: A complaint should be filed as soon as possible but no later than 20 days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the 20-day period will be investigated; however, students and parents should recognize that delays in reporting may significantly impair the ability of the school system and officials to investigate and respond effectively to such complaints.

III. COMPLAINT RESOLUTION

A. Informal Resolution: The Board acknowledges that many complaints may be addressed informally through such methods as conferences or mediation, and the Board encourages the use of such procedures to the extent possible. If an informal process is used, the Principal Executive Director or other designated personnel must:

1) notify the complainant that he/she has the option to request formal procedures at any time, and 2) make a copy of this policy and other relevant policies available to the complainant.

In those circumstances in which informal procedures fail or are inappropriate or in which the complainant requests formal procedures, the complaints will be investigated promptly, impartially, and thoroughly according to the procedures outlined in this policy.

B. Investigation: Whoever receives a complaint pursuant to the procedures outlined in this policy shall immediately respond to the complaint and initiate an investigation.

1) The investigator is responsible for determining whether the alleged act(s) constitutes a violation of policy 1.7100. In so doing, the investigator shall impartially, promptly and thoroughly investigate the complaint. The investigator shall interview:

- the complainant; - the alleged perpetrator; and - any other individuals, including other possible victims, who may have relevant

information.

2) Information may be shared only with individuals who need the information in order to appropriately investigate and address the complaint. Any requests by the complainant for confidentiality will be evaluated within the context of the legal responsibilities of the school. Any complaints withdrawn to protect confidentiality will be recorded in accordance with policy 1.7100.

3) The investigator shall review the factual information gathered through the investigation to determine whether the alleged conduct constitutes illegal discrimination, harassment, or bullying, giving consideration to all factual information, the context in which the alleged incidents occurred, the age and maturity of the complainant and alleged perpetrator, and other relevant circumstances.

C. Investigative Report

1) The investigator shall make and submit a written investigative report of the findings of the investigation and shall notify the complainant of the results of the investigation within 15 days of receiving the complaint, unless additional time is necessary to conduct an impartial, thorough investigation. This report shall be kept on file in the Principal’s office or, if the Principal is the alleged perpetrator, in the Board’s confidential files.

2) The investigator shall specify in the report whether the complaint was substantiated, whether the alleged perpetrator violated relevant law or board policy by his or her actions (regardless of whether the complaint as submitted was substantiated) and, if so, shall also specify:

- reasonable, timely, age-appropriate effective corrective action intended to end the

illegal discrimination, harassment, or bullying and prevent it from recurring; - as needed, reasonable steps to address the effects of the illegal discrimination,

harassment, or bullying on the complainant; and - as needed, reasonable steps to protect the complainant from retaliation as a result of

communicating the complaint.

3) Information regarding specific disciplinary action imposed on the alleged perpetrator(s) will not be given to the complainant unless the information relates directly to the complainant (e.g., an order requiring the perpetrator not to have contact with the complainant).

4) If the investigator determines that the complaint was substantiated, the perpetrator(s) shall be subject to discipline or other corrective steps as described in Board policy. If the corrective steps involve actions outside the scope of the investigatorʼs authority, the Board shall be notified so that appropriate corrective steps may be taken through personnel procedures.

5) Each alleged perpetrator will be provided with a written summary of the results of the investigation with regard to whether or not the complaint was substantiated, whether he/she violated relevant law or Board policies by his/her actions, and what, if any, disciplinary actions or consequences will be imposed in accordance with Board policy. The alleged perpetrator may appeal any disciplinary action or consequences in accordance with Board policy and law. However, an appeal of disciplinary action by the alleged perpetrator does not preclude school officials from taking appropriate action to address the discrimination, harassment, or bullying.

IV. APPEALS

If the complainant is not satisfied with the results of the investigative report, the complainant may appeal the decision to the Board. Such appeal must be submitted in writing within 5 days of receiving the investigative report. The Board may review the investigation, documents and report, conduct or undertake any further investigation it deems appropriate, or take any other steps it deems appropriate in order to respond to the complaint.

If the original investigator was a school official, the Board or may not, at its sole discretion, call a Hearing pursuant to Board policy 2.5000, Hearings Before the Board. If a Hearing is called, the procedures followed with respect to the appeal shall be henceforward governed by the provisions of that policy.

If the Board does not choose to call a Hearing, its decision with regard to the appeal shall be a Final Administrative Decision with no further review or action past those provided for in the original investigative report. The Board’s decision will be communicated to the complainant within 5 days following the rendering of that decision.

V. TIMELINESS OF PROCESS

The number of days indicated at each step of the process should be considered a maximum. Every effort should be made to expedite the process.

If any school official charged with investigating the complaint or reviewing the investigation fails at any step in the process to communicate a decision within the specified time limit, the complainant shall be entitled to appeal the complaint to the next step unless the official has notified the complainant of the delay and the reason for the delay, such as the complexity of the investigation, review, or report.

The investigator shall make all reasonable efforts to keep the complainant apprised of progress being made during any period of delay. Delays that interfere with the exercise of any legal rights are not permitted.

Failure by the complainant at any step in the process to appeal a complaint to the next step within the specified time limit will be considered an acceptance of the decision at that step unless the complainant has notified the investigator of a delay and the reason for the delay and the investigator has consented in writing to the delay.

VI. GENERAL REQUIREMENTS

No reprisals or retaliation of any kind will be taken by the Board or by a school employee against the complainant or other individual on account of his/her filing of a complaint or report or participating in an investigation of a complaint or report filed and decided pursuant to this policy, unless the complainant or participating individual knows or has reason to believe that the report is false or knowingly provides false information.

All meetings and hearings conducted pursuant to this policy shall be private.

The Board and school officials shall consider requests to hear complaints from a group, but the Board and school officials have the discretion to respond to complainants individually.

Records will be maintained as required by policy 1.7100.


ADOPTED 4-23-2013

REVISED 7-04-2016

1.7300 NONDISCRIMINATION ON THE BASIS OF DISABILITIES

Legal References: The Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104 The Americans With Disabilities Act, 42 U.S.C. 1210134, 28 C.F.R. pt. 35

The Board will not discriminate against qualified disabled persons on the basis of a disability. This non- discrimination policy includes benefits of and participation in all school programs and activities.

To the extent feasible, Falls Lake Academy will provide aids, benefits and, when applicable, school services to a person with disabilities in the most integrated school setting appropriate to the person's needs so that he/she may have an opportunity commensurate to that provided to persons without disabilities to obtain the same results, gain the same benefits, or reach the same levels of achievement.

The FLA chief administrator Executive Director is directed to develop appropriate procedures to implement this nondiscrim-ination policy. Such procedures shall include, but not necessarily be limited to, the following:

1. Submission of an assurance of nondiscrimination with each application for federal financial assistance.

2. Designation of a person to coordinate the schoolʼs efforts to comply with Section 504 of the Rehabili- tation Act of 1973 and its regulations and the Americans with Disabilities Act and its regulations.

3. Publication of the name, office address, and office phone number of the 504 coordinator and the ADA coordinator in a manner intended to ensure that employees, applicants, students, parents, and other individuals who participate in the school's programs are aware of the coordinators.

4. Dissemination of complaint procedures available to employees and students as provided in the grievance policies of the Board which provide opportunities for a prompt and equitable resolution to complaints alleging any action prohibited by 504 or ADA or regulations for these statutes.

5. Provision of notice that the school does not discriminate on the basis of disability in violation of Section 504 or the ADA, or their implementing regulations, and making such notice accessible to employees, applicants, students and parents.

6. Reasonable accommodation for qualifying applicants or employees with disabilities; however, a reasonable accommodation does not include an accommodation that would demonstrably impose an undue hardship on the program, would fundamentally alter the nature of services, program or activity, or impose an undue financial hardship on the school and its ability to meet the educational needs of the rest of its students.

7. No inquiry about any disabilities which may need accommodation until after an applicant has been made an offer and, additionally, the avoidance of use of employment tests or other selection criteria that tend to screen out persons with disabilities, unless the criteria are demonstrably job related and effective alternatives are not available.

8. Provision of a free, appropriate public education to each qualified student with disabilities in accordance with Section 504 regulations.


ADOPTED 04-23-2013

REVISED 07-04-2016

1.7420-5.0600 RESPONDING TO COMPLAINTS

Legal References: G.S. 115C-36, -47 Cross References: 1.3100-4.3100 Parental Involvement

1.7500 Grievance Procedures 2.1220 Role of Board Members in Handling of Complaints 2.3100 Public Participation at Board Meetings 2.6100 Board Attorney 3.6100 Parental Inspection and Objection to Instructional Materials

I. OPPORTUNITIES TO ADDRESS CONCERNS AND COMPLAINTS

The Board is committed to providing an effective means for parents and community to voice concerns and complaints. The Board also strives to resolve concerns and complaints whenever possible. To this end, the Board has established the following processes:

A. Informal resolutions of specific concerns (see General Process below)

B. Public hearings and public comments Citizen input and general comments at Board meetings on subjects of concern to parents and the community (see Board policy 2.3100, Public Participation at Board Meetings See Board policies 1.3100-4.3100 Parental Involvement, 2.300, Board Meetings and 2.500, Hearings before the Board)

C. Procedure for parental concerns regarding the curriculum (see Board policy 3.6100, Parental Inspection and Objection to Instructional Materials)

D C. Specific processes for addressing disciplinary consequences

E D. Processes as provided by law for special education students

F E. Grievance procedures for addressing concerns regarding specific decisions, especially where there are concerns that Board policy or law has been misapplied, misinterpreted or violated, including discrimination claim on the basis of sex or disability (see Board policy 1.7500, Grievance Procedures).

G F. Numerous other policies provide opportunities for parental input, including 1.3100-4.3100, Parental Involvement.

II. GENERAL PROCESS

Complaints that are not specifically designated to be addressed in other policies should be addressed in the following manner:

A. The complaint should be received and addressed at the level closest to which the complaint originates. For example, a complaint regarding a classroom issue should be heard first by the teacher. A complaint regarding the school in general should be addressed first by the principal.

B. Any Board member or school employee receiving a complaint should verify that the complaint has been appropriately referred to him or her and if not, assist the complainant by identifying the appropriate personnel to receive the complaint.

C. Once appropriately referred, if the complainant is not satisfied with the response to the complaint, the complainant should be informed of the options for further review of the complaint.


ADOPTED 06-23-2015

REVISED 07-04-2016

1.7430 - 4.3700 STUDENT-PARENT GRIEVANCE PROCEDURES

Legal References: Title IX of the Education Amendments of 1972

G.S. 115C-47(c) G.S. 126-6

Cross References: 1.7100 Prohibition Against Discrimination, Harassment, and Bullying

1.7200/4.3501/7.1512 Discrimination, Harassment and Bullying Complaint Procedure 4.3600 Code of Student Conduct 1.7420/5.0600 Responding to Complaints 2.5000 Hearings Before the Board

The Board strives to resolve concerns and complaints of students and parents whenever possible. To this end, the Board has provided opportunities for students and parents to express their concerns through processes established in Board policies. Policy 1.7420/5.0600, Responding to Complaints, identifies these different processes, including a mechanism for resolving complaints in an informal manner.

While the Board encourages resolutions of all complaints through informal means, it recognizes that, at times, a formal process may be necessary for certain types of complaints or when the informal process does not produce satisfactory results. This policy provides a complaint procedure that may be used as described below.

The purpose of this Grievance Procedure is to secure, at the lowest possible level, equitable solutions of the problems which arise from time to time to affect differences between parents and employees or between employees.

I. DEFINITIONS

A. Days: Except as otherwise provided herein, days are defined as “workdays,” or days of the week (Monday through Friday) exclusive of Saturdays and Sundays. In counting days, the first day shall be the first full day following receipt of the grievance, date of decision, or date of hearing.

B. Final Administrative Decision: Decision above which no further appeal is available.

C. Grievance: A formal, written claim by a student and/or parent alleging that a specific decision made by a school employee has adversely affected the person making the complaint. A grievance may include, but is not limited to, allegations of the following:

1) that there has been a violation, misapplication or misinterpretation of state or federal law

or regulations, Board policy, or administrative procedure; or 2) that a decision made and/or action taken by a Board employee is unfair, discriminatory,

or otherwise not in a student’s best interest.

The term "grievance" does not apply to any matter for which the method of review is prescribed by law, for which there is a more specific Board policy providing a process for addressing the concern, or upon which the Board is without authority to act. [Claims of discrimination, harassment or bullying must be processed pursuant to Board policy 7.1512: Discrimination, Harassment and Bullying Complaint Procedure.]

D. Grievant: The person making the complaint.

E. Official: The person hearing and responding to the grievant.

F. Parties in Interest: The grievant and the person(s) against whom the grievance is filed.

II. TIMELINESS OF PROCESS

A. Filing deadline: Formal grievances should be filed as soon as possible, but not longer than 20 days after discovery or disclosure of the facts giving rise to the grievance. Failure by the grievant to appeal an official’s grievance decision to the next step within the specified time limit shall be considered acceptance of the decision unless the grievant has notified the official who made the decision of a delay and the reason for the delay and that official has consented in writing to the delay.

B. Delay in communication of decision: Except by mutual written agreement, failure by an official to communicate a decision within the specified time limit shall permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report. The official shall make all reasonable efforts to keep the grievant apprised of progress being made during any period of delay. Delays may not impermissibly interfere with the exercise of the grievant’s legal rights.

III. PROCEDURE

A. Non-Grievance Complaints: If there is no specific decision, action, or physical condition at issue, or no concern that federal or state law, federal or state regulation, State Board of Education policy or procedure, or Board policy or procedure has been misapplied, misinterpreted or violated, then the procedure established in Board policy 1.7420/5.0600, Responding to Complaints, is appropriate, and the Principal or his/her designee shall address the concern raised in the complaint following that policy.

B. Formal Resolution: It is usually desirable for students, parents, teachers, and school administrators to resolve problems through free and informal communication. However, should such informal processes fail to satisfy the employee, then any student, parent, or group of students or parents may initiate and petition a formal grievance according to the process articulated in the following steps.

STEP ONE: Talk to the teacher. In most cases, differences and concerns can be handled by each student’s teacher.

STEP TWO: The student’s PAA if different from the teacher in Step One. PAAs are in the best position to help resolve any conflict.

STEP THREE: Assistant Principal. Respective school Associate Director (Elementary, Middle, High)

STEP FOUR: If the issue is not resolved at Step Three, either meet with the Principal (Executive Director) informally or file a formal written grievance with the Principal in accordance with the steps outlined in 1C above.

STEP FIVE: File a formal grievance with the Falls Lake Academy Board of Directors. All formal grievances must be filed in writing within 20 days of the Principal’s notification of his/her findings and/or steps in response to your conversation(s) with him/her at Step Four. All formal grievances must include the following information:

- Name of the staff member or other person whose decision or action is at issue, or against whom

the grievance is being filed. - Specific decision(s), action(s), or physical condition at issue. - The Board policy, state or federal law or regulation, or State Board of Education policy or

procedure which you believe has been misapplied, misinterpreted, ignored, or violated. - Specific resolution which you desire.

Once a formal written grievance is filed within the 20-day time limit which contains all the above pertinent information, the Board will respond within 10 days with a written response.

STEP SIX: In the unlikely event that the Board’s response does not resolve the issue, you are entitled to an Appeal. Such appeals must be filed in writing within 5 days of your receipt of the Step Five response. The Board may either convene a full Board hearing or consider the Appeal in a regular or called meeting, at its discretion. Once the Board considers an Appeal, its subsequent decision is the final administrative remedy and the resulting decision is final.


ADOPTED 04-23-2013

REVISED 06-23-2015

REVISED 07-04-2016

1.7500-7.1500 EMPLOYEE GRIEVANCE PROCEDURES

Legal References: Title IX of the Education Amendments of 1972

G.S. 115C-47(c) G.S. 126-6

Cross References: 1.7100 Prohibition Against Discrimination, Harassment, and Bullying

1.7200/4.3501/7.1512 Discrimination, Harassment and Bullying Complaint Procedure 4.3600 Code of Student Conduct 1.7420/5.0600 Responding to Complaints 2.5000 Hearings Before the Board

The Board strives to resolve concerns and complaints of students and parents whenever possible. To this end, the Board has provided opportunities for students and parents to express their concerns through processes established in Board policies. Policy 1.7420/5.0600, Responding to Complaints, identifies these different processes, including a mechanism for resolving complaints in an informal manner.

Moreover, it is also the policy of the Board, in keeping with the ultimate goal of serving the educational welfare of students, to develop and practice reasonable and effective methods of resolving difficulties which may arise among employees. In doing so, the Board’s intent is to reduce potential areas of grievances and to establish and maintain recognized channels of communications between staff and administration.

While the Board encourages resolutions of all complaints through informal means, it recognizes that, at times, a formal process may be necessary for certain types of complaints or when the informal process does not produce satisfactory results. This policy provides a complaint procedure that may be used as described below.

The purpose of this Grievance Procedure is to secure, at the lowest possible level, equitable solutions of the problems which arise from time to time to affect differences between parents and employees or between employees.

I. DEFINITIONS

A. Days: Except as otherwise provided herein, days are defined as “workdays,” or days of the week (Monday through Friday) exclusive of Saturdays and Sundays. In counting days, the first day shall be the first full day following receipt of the grievance, date of decision, or date of hearing.

B. Employee: Any person employed by the board.

C. Final Administrative Decision: Decision above which no further appeal is available.

D. Grievance: A formal, written claim by an employee alleging that a specific decision made by another employee has adversely affected the person making the complaint. A grievance may include, but is not limited to, allegations of the following:

1) that there has been a violation, misapplication or misinterpretation of state or federal law

or regulations, Board policy, or administrative procedure; or

2) that an employee’s employment status or the terms or conditions of his/her employment

have been adversely affected; or 3) that there exists a physical condition which jeopardizes an employee's health or safety or

which interferes with his/her ability to discharge his/her responsibilities properly and effectively.

The term "grievance" does not apply to any matter for which the method of review is prescribed by law, for which there is a more specific Board policy providing a process for addressing the concern, or upon which the Board is without authority to act. [Claims of discrimination, harassment or bullying must be processed pursuant to Board policy 7.1512: Discrimination, Harassment and Bullying Complaint Procedure.]

E. Grievant: The employee(s) making the complaint.

F. Official: The person hearing and responding to the grievant.

G. Parties in Interest: The grievant and the person(s) against whom the grievance is filed.

II. TIMELINESS OF PROCESS

A. Filing deadline: Formal grievances should be filed as soon as possible, but not longer than 20 days after discovery or disclosure of the facts giving rise to the grievance. Failure by the grievant to appeal an official’s grievance decision to the next step within the specified time limit shall be considered acceptance of the decision unless the grievant has notified the official who made the decision of a delay and the reason for the delay and that official has consented in writing to the delay.

B. Delay in communication of decision: Except by mutual written agreement, failure by an official to communicate a decision within the specified time limit shall permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report. The official shall make all reasonable efforts to keep the grievant apprised of progress being made during any period of delay. Delays may not impermissibly interfere with the exercise of the grievant’s legal rights.

III. PROCEDURE

A. Non-Grievance Complaints: If there is no specific decision, action, or physical condition at issue, or no concern that federal or state law, federal or state regulation, State Board of Education policy or procedure, or Board policy or procedure has been misapplied, misinterpreted or violated, then the procedure established in Board policy 1.7420/5.0600, Responding to Complaints, is appropriate, and the principal or immediate supervisor shall address the concern raised in the complaint following that policy.

B. Informal Resolution: It is usually desirable for employees and their supervising administrators to resolve problems through free and informal communication. However, should such informal processes fail to satisfy the employee, then any employee or group of employees may initiate and petition a formal grievance according to the process articulated in the following subsections.

C. Formal Grievance

1) Reporting a Grievance: All grievances shall be in writing and the written statement of grievance shall remain the same throughout all steps of the grievance procedure.

2) Required information: A formal written statement of grievance must include the following information:

- the name of the employee or other individual whose decision or action is at issue or

against whom the grievance is filed; - the specific decision(s), action(s) or physical condition at issue; - any Board policy, state or federal law, state or federal regulation, or State Board of

Education policy or procedure that the grievant believes has been misapplied, misinterpreted, or violated; and - the specific resolution desired.

3) Officials to Whom Grievance Shall Be Presented: The employee(s) shall present the initial grievance in writing to his/her/their immediate supervisor(s) or the supervisor('s/s’) designee(s).

4) Response by Official

- The official who receives the statement of grievance shall conduct any investigation of the pertinent facts and/or circumstances before rendering a decision. The official may call a meeting with the grievant and/or with any other party or witness(es) related to the grievance. - The official shall provide the aggrieved employee(s) with a written response to the

grievance within 10 days following receipt of the grievance.

5) Appeal of Official’s Decision: If the grievant is dissatisfied with the official's response, the grievant may appeal the official's decision to the next level. The levels of grievance and appeal are as follows:

Parent > Teacher > Principal > Managing Executive Director (if/when such position is operational) > Board of Directors. Respective school Associate Director (Elementary, Middle, High) > Executive Director > Board of Directors

Such appeals must be received by the official at the next level of appeal – in writing – within 5 days of receipt of the official's response to the grievance. The official at the appeal level who receives the appealed grievance decision shall follow the same steps as outlined in this policy for address of an initial grievance with respect to the appeal, except that when the appeal reaches the level of the Board of Directors, the following steps and processes shall be followed:

- Grievant may submit the appeal (in writing, within 5 days following receipt of the

appealed decision) to any member of the Board of Directors. - The Board member who receives the appeal shall share the grievance appeal, including

all pertinent statements contained within the written statement of grievance and appeal, with all other members of the Board by confidential e-mail or by sealed copies. - The Board may either consider the appeal in its next regularly-scheduled meeting, or the

Board chair may convene a called meeting of the Board to consider the appeal. - The Board may or may not, at its sole discretion, convene a Board Hearing pursuant to Board policy 2.5000 Hearings Before the Board. If a Hearing is called, the provisions of that policy will be followed in the remainder of procedures with regard to disposition of the grievance and appeal. - If the Board decides not to call a Hearing, it shall consider the statement of appeal, the

statement of grievance, and the decision of the official whose decision is being appealed and render its decision, which shall constitute a Final Administrative Decision. Such decision will be communicated to the grievant and to the official whose decision was appealed – in writing – within 5 days following the Board’s decision.

IV. GENERAL REQUIREMENTS

A. All parties in interest in any grievance filed pursuant to this policy shall conduct themselves in a professional manner at all times during the investigation and hearing of the grievance.

B. No reprisals of any kind shall be taken by the Board or by an employee against any party in interest or other employee on account of his/her participation in a grievance filed and decided pursuant to this policy.

C. Each decision shall be in writing, setting forth the decision and reasons therefore, and shall be transmitted promptly to all parties in interest.

D. The Board and administration shall cooperate with the grievant(s) and his/her/their representative(s) in the investigation of any grievance and shall furnish the grievant with information pertinent to the grievance without cost to the grievant or the employee against whom the grievance is filed.

E. Should, in the judgment of the Principal, the investigation or processing of any grievance require the absence of the grievant(s) from regular assignments, such absences shall be excused without loss of pay or benefits.

F. All meetings and hearings conducted pursuant to this policy shall be private.

G. The Board will consider requests to hear grievances from a group of grievants, but the Board and officials have the discretion to hear and respond to grievants individually.

H. Appropriate records of all grievances and their dispositions shall be maintained in accordance with state and federal law.


ADOPTED 04-23-2013

1.7600 PROHIBITION AGAINST RETALIATION

Legal References: Sarbanes-Oxley Act, 18 U.S.C. 1513(e) NC G.S. 126-85

Cross References: 1.7100 Prohibition Against Discrimination, Harassment and Bullying

1.7200/4.3501/7.1512 Discrimination, Harassment, Bullying and Other Harassment

Complaint Procedures 1.7420/5.0600 Responding to Complaints 1.7500 Grievance Procedures

The Board prohibits and will not tolerate any form of reprisal, retaliation or discrimination against any employee who:

1) in good faith, has made or intends to make a report that there has been a violation of federal, state or local law, regulation, Board or public policy due to a practice, policy, act or omission of the Board, of a school employee, or of an entity or person with whom the school and/or the Board has a business relationship; or

2) has refused to carry out a directive which may constitute a violation of state or federal law, rule or regulation or poses a substantial or specific danger to public health and safety.

An employee who reasonably believes that any such violation exists may file a written grievance in accordance with Board policy 1.7500 Grievance Procedures.

The provisions of this policy apply only to those situations in which an employee brings the alleged unlawful activity, policy or practice to the attention of school officials and provides them with a reasonable opportunity to investigate and correct the alleged unlawful activity. If necessary, school officials or the Board may specify reasonable steps to protect the complaining employee from retaliation.


ADOPTED 05-14-2013

2.0000 BOARD MEMBERS

Legal References: G.S. 115C-36

Cross References: 1.0100 Board Authority and Duties

2.1200 Code of Ethics for Board Members Falls Lake Academy, Inc. By-Laws

I. AUTHORITY AND POWERS

The Board is a body corporate. Members of the Board have authority only when acting as a Board legally in session. The Board will not be bound in any way by any statement or action on the part of an individual member, except when such action is at the specific instruction of the Board.

Except as otherwise specifically provided by the By-laws, the Board may adopt a resolution authorizing any Officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of or on behalf of the corporation. Such authority may be general or confined to specific instances. Unless authorized, no Officer, agent, or employee shall have any power to bind the Board or the corporation by any contract or engagement, to pledge the corporation’s credit, or to render it liable monetarily for any purpose or any amount.

II. OPERATIONS

Board members recognize the trust and accountability the Board owes citizens, staff, parents and students in the manner in which it transacts the business of the corporation and the school. Board members strive to conduct the business of the Board in accordance with the following operational goals:

1. Acting in accordance with the provisions of Board policy 2.1200 Code of Ethics for Board

Members; 2. Maintaining effective Board-administration relations; 3. Operating cost effectively and efficiently; 4. Conducting business openly; 5. Meeting requirements and duties for the Board as established in Board policy or law; and 6. Making decisions with the Boardʼs goals, objectives and other principles as the guiding focus.

The Board shall endeavor to evaluate on a periodic basis its efforts to follow these operational goals. The Board may or may not use outside consultants, at its own discretion, to assist in its self-evaluation.

III. ELIGIBILITY TO SERVE ON THE BOARD

A. Constitution of the Board: The Board is constituted in its entirety by those persons serving as Trustees on the Board of Trustees of Falls Lake Academy, Inc., the not-for-profit chartering parent organization of Falls Lake Academy (“the school”). Falls Lake Academy, Inc. has no members. The rights which would otherwise vest in the members vest instead in the Trustees of the Corporation and therefore, by extension, of the school. Actions which would otherwise require approval by a majority of the members require only approval of a majority of all Trustees acting as the Board of Directors of the school (“the Board”).

B. Board Members’ Qualifications: The Board may elect any person who in its discretion it believes will serve the interest of the corporation and the school faithfully and effectively. The corporation will seek to have Board members who represent a cross-section of backgrounds, professions, and experiences.

C. Interested Persons: Not more than 33% of the persons serving on the Board at any given time may be interested persons. An “interested person” is defined as:

- any person currently being compensated by the corporation for services rendered to it within the previous 12 months, whether as a full-time or part-time employee, independent contractor, or otherwise; or - any sister, brother, ancestor, descendant, spouse, sister-in-law, brother-in-law, daughter-in-law,

son-in-law, mother-in-law or father-in-law of any such person.

IV. APPOINTMENT OF BOARD MEMBERS

A. Number of Board members: The number of Trustees of the corporation – and, by extension, the number of Board members – shall be not fewer than five (5) and shall not exceed nine (9). The Board shall fix the exact number of Trustees, within these limits, by Board resolution or amendment of the corporation’s by-laws.

B. Appointment Procedure: The Board shall elect its members by majority vote of the Board members then in office, whether or not the number of members in office is sufficient to constitute a quorum as indicated herein, or by the sole remaining member if all others have either resigned or otherwise been removed.

C. Election Timeframe: The Board shall elect Trustees whose terms begin on the first day of September of a given year at the Annual Meeting for that year, or at a regular or called meeting designated for that purpose.

V. TERMS OF OFFICE

A. Original Trustees: The original, chartering Trustees of the corporation – by definition, also serving as Board members – shall be divided into three classes by mutual consent for the purpose of staggering their terms of office. All three classes shall be as nearly equal in number as possible. The term of office of the first class shall expire at the second annual meeting of the Trustees succeeding awarding of the school’s charter; term of office of the second class shall expire at the third annual meeting of the Trustees succeeding awarding of the school’s charter; and the term of office of the third class shall expire at the fourth annual meeting of the Trustees succeeding awarding of the school’s charter.

B. Regular Terms of Office: Following the expiration of the original Trustees’ designated terms, the term of office of each Trustee (Board member) shall be three (3) years.

C. Terms of Office When Filling a Vacancy: The term of office of a Trustee elected to fill a vacancy begins on the date of the Trustee’s election, and continues:

- for the balance of the unexpired term in the case of a vacancy created because of resignation,

removal, or death of a Trustee; or - for a term specified by the Board in the case of a vacancy resulting from the increase or

decrease in the number of Trustees authorized by Board resolution or amendment of the corporation’s by-laws (see Section IV-A above).

D. Term Held Harmless: No individual Trustee’s term of office shall be shortened by any reduction in the number of Trustee resulting from amendment to the Charter, the Bylaws, or other Board action.

E. No Extensions: No individual Trustee’s term of office shall be extended beyond that for which the Trustee was elected by amendment of the school’s charter or by-laws or by other Board action.

F. No Consecutive Terms: A Trustee who has served a three-year term shall not be eligible for election or appointment to a new term until one (1) year after the expiration of his/her three-year term.

VI. REMOVAL OF TRUSTEES

The Board may remove a Trustee (Board member) at any time by vote of at least 75% of the other Trustees (Board members).

VII. VACANCIES

A vacancy is deemed to occur on the effective date of the resignation of a Trustee, upon the removal of a Trustee, upon declaration of vacancy pursuant to the corporation’s by-laws, or upon a Trustee’s death. A vacancy is also deemed to exist upon the increase by the Board of the authorized number of Trustees. Trustees shall be elected to fill vacancies by a majority vote of the Trustees then in office.

A Trustee may resign by giving written notice to the Board Chairman or Secretary. The resignation is effective upon receipt of such notice, or at any later date specified in the notice. The acceptance of a resignation by the Board Chairman or Secretary shall not be necessary to make it effective, but no resignation shall discharge any accrued obligation or duty of a Trustee.

VIII. COMPENSATION OF BOARD MEMBERS

Board members shall serve without compensation. However, the Board may approve reimbursement of a member’s actual and necessary expenses while conducting Board business.

IX. STANDARD OF CARE

A. Performance of Duties: Each Board member shall perform all duties of a Board member, including duties on any Board Committee, in good faith and with that degree of diligence, care, and skill, including reasonable inquiry, as any ordinary prudent person in a similar position would use under similar circumstances.

B. Reliance on Others: In performing the duties of a Board member, a Board member shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, presented or prepared by:

- one or more officers or employees of the school whom the Board member believes to be reliable

and competent in the mattes presented; - legal counsel, public accountants, or other persons as to matters that the Board member

believes are within that person’s professional or expert competence; or - a Board Committee on which the member does not serve, duly designated in accordance with a provision of the corporation’s charter or by-laws, as to matters within its designated authority, provided the Board member believes the Committee merits confidence and the member acts in good faith, and with that degree of care specified herein, and after reasonable inquiry when the need is indicated by the circumstances, and without knowledge that would cause such reliance to be unwarranted.

C. Rights of Inspection: Every Board member has the right to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the corporation and the school, provided that such inspection is conducted at a reasonable time after reasonable notice, and provided

that such right of inspection and copying is subject to the obligation to maintain the confidentiality of the reviewed information, in addition to any obligations imposed by any federal, state, or local law.

D. Discussions and Voting: Every Board member has the right to participate in the discussion and vote on all issues before the Board or any Board Committee, except that any Board member shall be excused from the discussion and vote on any matter involving such member relating to:

- a self-dealing transaction; - a conflict of interest or potential conflict of interest, until such time as the potential conflict is declared by Board or Board Committee either to not exist or to be acceptable; - indemnification of that Board member uniquely; or - any other matter at the discretion of a majority of the Trustees then present.

E. Confidentiality: Every Board member has a duty to maintain the confidentiality of all Board actions which are not required by law to be open to the public, including discussions and votes which take place at any closed session of the Board. Any member violating this confidence may be removed from the Board by majority vote.

X. OFFICERS

The officers of the corporation and, by extension, the Board of Directors, shall consist of a Chair, Vice Chair, Secretary, and Treasurer. The Board may also designate such other officers as it deems advisable, at its sole discretion.

A. Chair: Subject to Board control, the Chairman has general supervision, direction, and control of the affairs of the corporation and the Board, and such other powers and duties as the Board may prescribe. If present, the Chairman shall preside at Board meetings. The Chairman will be an authorized joint signer of all checks.

B. Vice-Chair: If the Chair is absent or disabled, the Vice-Chair shall perform all the Chair’s duties and, when so acting, shall have all the Chair’s powers, not including authorization as a joint signer of checks, and be subject to the same restrictions. The Vice-Chair shall have other such powers and perform such other duties as the Board may prescribe.

C. Secretary: The Secretary shall:

- keep or cause to be kept, at the corporation’s principle office, or other place as the Board may

direct, a book of minutes of all meetings of the Board, noting the time and place of the meeting, whether it was regular, called, or special, the notice given, the names of those present, and the proceedings; - keep or cause to be kept a copy of the Corporation’s Charter and By-laws, with amendments; - give or cause to be given notice of the Board and Committee meetings as required by the by-

laws and/or the Open Meetings Law; and - have such other powers and perform such other duties as the Board may prescribe.

D. Treasurer: The Treasurer shall:

- keep or cause to be kept adequate and correct accounts of the corporation’s properties,

receipts, and disbursements; - make books of account available at all times for inspection by any Board member; - deposit or cause to be deposited the corporation’s monies and other valuables in the

corporation’s name and to its credit, with the depositories the Board designates; - disburse or cause to be disbursed the corporation’s funds as the Board directs;

- render or cause to be rendered to the Chair and the Board, as requested but no less frequently

than once every fiscal year, an account of the corporation’s financial transactions and financial condition; - prepare or cause to be prepared any reports on financial issues required by an agreement on

loans; - serve as Chair of the Finance Committee; and - have such other powers and perform such other duties as the Board may prescribe. The

Treasurer will be authorized to sign checks.

E. Officer Election, Eligibility, and Term of Office:

1. Election: The Board shall elect the Officers annually at the Annual Meeting or at a called meeting designated for that purpose, except that Officers appointed to fill vacancies shall be elected as vacancies occur.

2. Eligibility: A Board member may hold any number of offices, except that neither the Secretary nor Treasurer may serve concurrently as Chair.

3. Term of Office: Each Officer serves at the pleasure of the Board, holding office until

resignation, removal, or disqualification from service, or until his or her successor is elected.

XI. NON-LIABILITY

Trustees (Board members) shall not be personally liable for the corporation’s debts, liabilities or other obligations.

XII. INDEMNIFICATION OF CORPORATE AGENTS

The Corporation shall, to the fullest extent now or hereafter permitted by and in accordance with standards and procedures provided by the North Carolina Nonprofit Corporation Act and any amendments thereto, indemnify any person made, or threatened to be made, a party to any action or proceeding by reason of the fact that he/she, his/her testate or intestate was a Director, Officer, employee or agent of the corporation, against judgments, fines, amounts paid in settlement, and reasonable expenses, including attorney’s fees.


ADOPTED 10-13-2013

2.0010 SCHOOL CALENDAR

The Board of Directors of Falls Lake Academy, Inc., reserves to itself the responsibility and right to develop, establish, and maintain the annual school-year calendar. In order to make informed and reasonable decisions regarding this responsibility, the Board may or may not seek the input of the FLA administrators, the FLA staff members through the Parent Advisory Council, the Falls Lake Academy Parents (“FLAP”) organization, or any other individual or group from whom it chooses to seek input.

In the event of circumstances which arise during the school year requiring a change in the current calendar – including, but not limited to inclement weather makeup days – the Board resolves to address the necessity of revising the calendar as soon as possible after the event(s) which created those circumstances. In such cases, the Board may take into account the preference of parents and staff members in the matter, but shall not be bound by them.


ADOPTED 07-07-2016

2.1000 EXPECTATIONS OF BOARD MEMBERS

Legal Reference: Open Meetings Law: C.R.S. 24-6-401 through 402

Cross Reference: Falls Lake Academy, Inc. By-Laws

A. Governance

Falls Lake Academy shall be governed by its Board of Directors. The chief administrator of Falls Lake Academy shall answer directly to the board and serve at the pleasure of the board. The Principal shall make decisions on a day-to-day basis and fulfill all administrative duties for the school. The Board will maintain the vision and steer the school’s direction as it carries out the Mission Statement.

As with all charter schools, Falls Lake Academy is an entity separate from the local school district in the area of governance. This unique characteristic of charters shall be guarded by each Board member. Board members will not question any decision made by the Principal in any public arena. If a Board member questions a decision, he or she shall immediately take that concern or disagreement to the administrator in a confidential and diplomatic format. Likewise, the Principal shall agree to the same commitment. Respect for each other shall remain constant.

While at the school, Board members shall be mindful of the different roles they play: parent, volunteer, Board member, etc. A Board member will not use their position of authority while acting in their parent or volunteer roles. Board members shall foster good relationships with administrators and staff on a personal level. With humility, each Board member will serve the best interests of the school. Board members shall remember that stepping out of their advisory/Board member capacity and attempting to run the school as an administrator will always cause problems.

Falls Lake Academy Board members shall cultivate and maintain a firm belief in the educational plan of the school. Board members shall be fully committed to the charter school concept. The purpose of the Board of Directors is to direct, not manage, the school. Board members shall be able to manage, carry out the Falls Lake Academy vision, foster relationships with staff and the school community, and oversee the annual budget.

The vision and mission statements of Falls Lake Academy will serve to guide and direct the Board and its individual members. The goal to continually improve, maintain integrity, serve Falls Lake Academy families, and ensure academic success for our students shall take precedence in all situations.

B. Qualifications: In order to be qualified to serve as a member of the FLA Board of Directors, an individual must:

- read and be familiar with the Falls Lake Academy Charter; - read and be familiar with the Falls Lake Academy educational plan; and - be in agreement with the educational philosophy, discipline policy, and administrative structure

of the school.

C. Involvement

At a minimum, Board members should attend at least two PAC and/or FLAP meetings each year to show support and encouragement for that vital aspect of the school.

Board members shall not serve on the Parent Advisory Council, but may chair and serve on FLAP committees. A high value for professionalism and the success of the school is mandatory. Motivation for serving on the Board shall be to help guarantee the educational success of students. Individual Board members shall fulfill their responsibilities on the Board, Board committees, or Board subcommittees to their fullest capability. All Board members should strive to be the best public relations representatives the school has.

D. Behavioral Expectations:

- Project a professional demeanor at all board meetings. - Issues being discussed shall not be personalized and directed toward any other Board member,

staff member, parent, or anyone else. Confidentiality is expected in all situations. - Board members are expected to show respect and listen to ideas being presented by other

Board members. - Fulfilling their responsibilities to their fullest potential shall be encouraged by of each Board

member by all other Board members. - When receiving criticisms from parents or others about staff or other Board members, a Board

member shall direct the speaker to the Board member or staff member which the situation involves. Board members will never speak negatively about staff or other Board members to anyone in the school community, or to any parties outside the school community. - - Conflicts shall be resolved at the level and with those persons with whom they were

created. Board members will commit to resolving conflict directly with each other or with the appropriate staff member(s) and not share the conflict with anyone outside of the conflict, including, but not limited to other parents, other staff members, or the media. - Board members shall exemplify integrity, honesty and respect. - Dedication and commitment to the vision of Falls Lake Academy and the charter school

movement shall be top priority for every Board member. Any Board member finding himself or herself involved in a unresolvable conflict shall put the vision of the school first and step down from the Board. - Board members shall abide by the Open Meetings Law [C.R.S. 24-6-401 through 402]. The

law states that for one Board member to discuss Board business, policy actions, resolutions, etc. with another Board member – except at meetings of the Board – is illegal. “Meeting” with another Board member is defined as communication through person, telephone, or any other means. Confidentiality law is also outlined in this section of the statute. Personnel matters, individual students, and negotiations are confidential by law.

E. Attendance Expectations

Attendance at all meetings and functions of the Board is a critical responsibility of all Board members. Board members missing more than two consecutive Board meetings or functions/events without prior approval for their absence from at least two other Board members shall be relieved of their Board involvement immediately.

F. Affirmation

Each Board member will be provided with a copy of this policy upon the commencement of his/her service as a Board member, whereupon he/she shall sign and date the policy signifying that it has been read and affirmed. Failure to sign does not negate or nullify the policy or implementation of its provisions.


ADOPTED 05-28-2013

2.1200 CODE OF ETHICS FOR BOARD MEMBERS

Legal References: G.S. 115C-36, -50

The Board recognizes collectively and individually that all members of the Board must adhere to an accepted Code of Ethics in order to improve the education of students enrolled in Falls Lake Academy. Even though not eligible for membership, the Falls Lake Academy Board of Directors accepts the Code of Ethics established by the North Carolina School Boards Association. In accordance with this Code, each member of the Board shall commit to the following:

Regular attendance at scheduled Board meetings insofar as possible and becoming informed concerning the issues to be considered at those meetings;

Endeavoring to make policy decisions only after full discussion at publicly held Board meetings;

Rendering of all decisions based on the available facts and any independent judgment, and refusal to surrender that judgment to individuals or special interest groups;

Encouragement of the free expression of opinion by all Board members, and continued search for systematic communications between the Board and students, staff, and all elements of the community;

Working with other Board members to establish effective Board policies and the delegation of authority for the administration of the school to the appropriate administrative employee(s);

Communication with other Board members and the school administration expressions of public reaction to Board policies and school programs;

Learning about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the state and national associations;

Support of the employment of those persons best qualified to serve as school staff and insisting on a regular and impartial evaluation of all staff;

The avoidance of being placed in a position of conflict of interest and refraining from using the Board memberʼs position on the Board for personal or partisan gain;

Taking no private action that will compromise the Board or administration and respecting the confidentiality of information that is privileged under applicable law; and

Remembering always that a Board memberʼs first and greatest concern must be the educational welfare of the students attending Falls Lake Academy.

At the annual organizational meeting of the Board, all newly appointed Board members shall sign a Code of Ethics statement that includes these provisions.

The undersigned members of the Board of Directors of Falls Lake Academy, in compliance with requirements of the NC Department of Public Schools, Office of Charter Schools and FLA Board Policy 2.1200 – Code of Ethics for Board Members, do hereby affix their signatures in agreement with the letter and spirit of this policy on this, the 11th day of June, 2013:

Andrew Peterson, Chair

Tracy Teal, Vice-Chair

Tim Slaughter, Treasurer

Larry Vaught, Secretary

Bridget Tanner

Mandy Johnson


ADOPTED 05-28-2013

REVISED 12-15-2015

REVISED 06-26-2019

 2.1210 BOARD MEMBER CONFLICT OF INTEREST

Legal References: G.S. 14-234, -235, -236, -237, 133-32 G.S.115C-218.15 G.S. 55A-8-31 Section 4.3 Charter Agreement Cross References: 2.1200 CODE OF ETHICS FOR BOARD MEMBERS

I. CONFLICT OF INTEREST DEFINED

All Board members are subject to the criminal laws related to conflicts of interest in public office, including strict restrictions against having a pecuniary interest in any business of the Board. In addition, Board members shall not let any personal or business interest interfere with their duties as public officials, including ethical duties as specified in the Board policy 2.1200 - Code of Ethics for School Board Members.

A No voting members of the governing Board shall not do any of the following:

a) be an employee of a for-profit company that provides substantial services to the charter school for a fee.

A. b) obtain a direct benefit from a contract that he/she is involved in making or administering on behalf of the Board, unless an exception is allowed pursuant to N.C.G.S. 14-234 North Carolina G.S. 55A-8- 31,or other law.

B. c) influence or attempt to influence anyone who is involved in making or administering a contract on behalf of the Board.

C. d) solicit or receive any gift, reward or promise for recommending, influencing or attempting to influence the rewarding of a contract.

A Board member is involved in administering a contract if he/she oversees the performance of the contract or has authority to interpret or make decisions regarding the contract.

A Board member is involved in making a contract if he/she participates in the development of specifications or terms of the contract or participates in the preparation or rewarding of the contract.

A Board member derives a direct benefit from a contract if the Board member or his/her spouse does any of the following:

- holds more than 10% ownership or other interest in an entity that is a party to the contract; - derives any income or commission directly from the contract; or - acquires property under the contract.

An exception is allowed for employment contracts between the Board of Directors and the spouses of Board members. However, the Board member involved will not deliberate or vote on the employment contract or attempt to influence any other person who is involved in making the hiring decision or who is administering the employment contract.

II. FULL DISCLOSURE

Full disclosure shall be made by the interested parties to the full Board of Directors in all conflicts of interest, including but not limited to the following:

1. A Board Member is related to a vendor. 2. A Board Member is related to a potential staff member. 3. A staff member in a supervisory capacity is related to another staff member who is presented

to the Board for employment consideration and whom he/she will be in a supervisory position over. 4. A Board Member or staff member receives payment from any entity which provides any

goods or services to the Academy.

Any Board, staff, or Board Committee member having any interest in a contract, program, or other transaction presented to or discussed by the Board or Board Committee for authorization, approval, or ratification shall make a prompt, full and frank disclosure of his or her interest to the Board or Committee prior to presentation or discussion, and to the Board’s or Board Committee’s action on such contract or transaction. Such disclosure shall include all relevant and material facts known to the member making the disclosure concerning the contract or transaction that may reasonably be construed to be adverse to the Corporation’s interest. At the time of such disclosure, the Board or staff member making the disclosure shall be encouraged to recuse himself/herself from any and all upcoming discussions with respect to the contract or transaction in question, except to provide requested factual information, and – in the case of Board members – from any and all votes of the Board or Board Committee with regard to same.

Following full disclosure of a possible conflict of interest, the Board or Committee shall determine whether or not a conflict of interest exists. If it is determined that a conflict exists, and if the person making the disclosure has not voluntarily recused himself/herself, he/she shall not be allowed to vote. He/she shall also be prohibited from:

- engaging in the discussions of the Board or Committee with respect to the contract or transaction in question, except to provide factual information as requested by the Board or Committee discussing same, or to respond to questions; and

- using personal influence on the outcome of the Board’s or Committee’s deliberations. He/she shall always be allowed to recuse himself/herself from voting after disclosure and prior to Board or Committee determination.

If a conflict is deemed to exist, the Board shall vote to authorize or to reject the transaction and the conflicting condition. Both votes shall be by majority vote without counting the vote of any interested Board Member, even if the disinterested Board Members are less than a quorum, provided that at least one consenting Board member is disinterested.

The minutes of the Board or Committee meeting shall reflect proceedings, including the disclosure made, the vote thereon and, where applicable, the abstention from voting and participation in discussion and deliberation.

Any Trustee violating this duty to report a conflict of interest may be removed from the Board by majority vote.

III. SUPPORTING POLICIES

The Board may, at its discretion, adopt formal policies requiring:

1. Regular annual statements from Trustees, Officers and key employees to disclose existing and potential conflicts of interest; and

2. Corrective and disciplinary actions with respect to transgressions of such policies. For the purpose of this section, a person shall be deemed to have an “interest” in a contract or other transaction if he or she is the party (or one of the parties) contracting or dealing with the Corporation, or is a Director, Trustee or Officer of, or has a significant financial or influential interest in the entity contracting or dealing with the Corporation.

IV. CONSEQUENCES

A. Voiding of contract or transaction: A contract or transaction may be rendered void by the Board of Directors if entered into without full disclosure of the personal interests of a Board Member or staff member. The existence of any of the above-listed conditions shall likewise render a contract or transaction voidable unless full disclosure of personal interests is made to the Board of Directors and such contract or transaction was duly approved by the Board with full knowledge of such interest.

B. Other reasonable sanctions: The disinterested Board Members are authorized to impose by majority vote other reasonable sanctions as necessary to recover associated costs against a Board Member or staff member for failure to disclose a conflict of interest as described in Section 1, or for any appearance of a conflict.

C. Appeals: Appeal from sanctions imposed pursuant to Sections A and B above shall be prescribed by law in those courts with jurisdiction over both the parties and the subject matter of the appeal.

D. Costs recovery: In the event that Falls Lake Academy Board of Directors has incurred costs or attorney fees as a result of legal action, litigation, or appeal brought by or on behalf of an interested Board Member or staff member due to a conflict of interest and consequent sanctions and in the event that the Board of Directors prevails in such legal action, litigation, or appeal, the Board shall be entitled to recover all of its costs and attorney fees.

V. ANNUAL STATEMENTS

Each Director, principal officer and member of a committee with Board-delegated powers shall annually sign a statement that affirms such person

A. has received a copy of the conflicts of interest policy, B. has read and understands the policy, C. has agreed to comply with the policy, and D. understands the Corporation is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

VI. PERIODIC REVIEWS. To ensure the Corporation operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:

A. Whether compensation arrangements and benefits are reasonable, based on competent survey

information, and the result of arm’s length bargaining. B. Whether partnerships, joint ventures, and arrangements with management organizations conform

to the Corporation’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.

VII. USE OF OUTSIDE EXPERTS. When conducting the periodic reviews as provided for in this Article, the Corporation may choose to employ outside experts. If outside experts are used, their use shall not relieve the Board of Directors of its responsibility for ensuring that periodic reviews are conducted.

The undersigned members of the Board of Directors of Falls Lake Academy, in compliance with requirements of the NC Department of Public Schools, Office of Charter Schools, do hereby affix their signatures in agreement with the letter and spirit of this policy on this, the 11th day of June, 2013:


Andrew Peterson, Chair

Tracy Teal, Vice-Chair

Tim Slaughter, Treasurer

Larry Vaught, Secretary

Bridget Tanner

Mandy Johnson


ADOPTED 12-15-2015

REVISED 06-26-2018

2.1215 ANTI-NEPOTISM

Legal References: 14; 143B-421.

G.S. 115C-12.2 16 N.C.A.C. 6C .0313 G.S.115-218.15 Section 4.3 Charter School Agreement

Cross-References: 2.1210 BOARD MEMBER CONFLICT OF INTEREST

7.1000 RECRUITMENT AND SELECTION OF PERSONNEL

The Falls Lake Academy Board of Directors are committed to operating well within the established guidelines and legal frameworks incumbent upon charter schools, including the prohibition against the practice of nepotism, both in hiring and in Board relations. To that end, the Board adopts and establishes this policy outlining procedures and practices to ensure that both the spirit and the letter of the law are respected and upheld.

GENERAL PRINCIPLES

1. No employee of Falls Lake Academy shall be an immediate family member (as defined in G.S. 115- 218.15) of any member of the Falls Lake Academy Board of Directors.

2. No employee of Falls Lake Academy, whether hired by the FLA Board of Directors or by a management company providing services to FLA, shall be a voting member of the FLA Board of Directors.

3. When making recommendations for the selection and assignment of personnel, administrators shall attempt to avoid situations in which one employee or Board member occupies a position in which he or she has influence over the employment status, including hiring, salary, and/or promotion, of another employee who is a member of the first employeeʼs or Board member’s family. The Board recognizes, however, that the FLA community is a small subset of a small community, and such avoidance may not always be either practical or advisable when seeking the best possible employees for open positions. Therefore, when a member of a Board member’s or FLA administrator’s family is deemed the best possible applicant for an open position from among the pool of available applicants, the recommending administrator(s) shall make all documentation outlining his/her recommendation decision available to the Board and the Board member and/or administrator shall recuse himself/herself/themselves from the closed session(s) and discussion(s) in which the Board considers the recommendation to hire that applicant.

If an applicant who is related to an FLA administrator is vetted through this process and is approved by the Board absent the recused Board member(s) and/or administrator(s), the Board shall name a second employee to serve as an additional contributing supervisory presence over the new employee in addition to the FLA administrator in question, who shall retain primary responsibility for the new employee’s supervision as though he/she were not related to the new employee. The second employee so named shall have no actual supervisory responsibility over the new employee other than that which he/she may have had already, but shall be responsible for advising the FLA administrator who supervises his/her family member on any impropriety or appearance of same with regard to possible favoritism or undue discrimination.

4. No teacher or other staff member who is an immediate family member of the FLA chief administrator or any FLA Principal shall be hired without a direct examination and evaluation of their credentials by the FLA Board of Directors separate and apart from any such examination and evaluation conducted by the recommending administrator(s). When the Board accepts an administrative recommendation to approve the hiring of such an individual, the Board shall establish a structure to prevent conflicts of interest and notify the NC Department of Public Instruction’s Office of Charter Schools, in accordance with DPI regulations, to show that this process has been established. Such notification shall include evidence to demonstrate compliance with this regulation.


ADOPTED

2.1220 ROLE OF BOARD MEMBERS IN HANDLING COMPLAINTS

Legal References: G.S. 115C-36

Cross References: 2.6100 BOARD ATTORNEY

1.7420/5.0600 RESPONDING TO COMPLAINTS

An individual Board member who receives a complaint or inquiry from a parent or interested citizen concerning a school matter shall refer the complainant to the appropriate school administrator.

Individual Board members shall refrain from taking individual action with regard to complaints other than referring them to the proper administrative employee and/or, if appropriate, advising the complainant of the procedures in place for making bringing official complaints to the school or to the Board.

The Board attorney may also be notified of complaints in accordance with Board policy 2.6100.


ADOPTED

2.2100 DUTIES OF OFFICERS

Legal References: 115C-41(a), -276(b)

The designated officers of the Board shall be chair, vice-chair, chair pro tempore, secretary, and treasurer. The officers of the Board shall perform all duties and exercise the authority imposed or conferred upon them by the statutes of the State of North Carolina, the State Board of Education, and the By-Laws of Falls Lake Academy, Inc.

A. Duties and Powers of the Chair: Subject to Board control, the Chairman has general supervision, direction, and control of the affairs of the Corporation and the Board, and such other powers and duties as the Board may prescribe.

1) The chair shall:

• preside at all meetings of the Board;

• preserve order at all times;

• appoint committee members and chairs;

• serve as ex-officio member of all committees;

• call special meetings; and

• sign official school and Corporation documents.

2) The chair shall perform all duties required of the office by law and policy and shall execute all documents on behalf of the Board.

3) In order to address the Board, a member must be recognized by the chair.

4) The chairperson has the following powers:

• to rule motions in or out of order, including the right to rule out of order any motions patently

offered for obstructive or dilatory purposes;

• to determine whether a speaker has gone beyond reasonable standards of courtesy in his/her

remarks;

• to entertain and rule on questions of parliamentary procedure;

• to call a brief recess at any time; and

• to adjourn in an emergency.

5) The chair shall have a vote on all matters for which a motion is made and will serve as spokesperson of the Board for communicating the Boardʼs position to the public.

6) The chair is an authorized joint signer of all checks.

B. Duties and Powers of the Vice-Chair: In the absence of the chair, the vice-chair of the Board shall assume all the duties and powers of the chair, except authorization as a joint signer of checks, and shall perform any/all other duties assigned by the chair.

C. Duties of the Chair Pro Tempore: In the absence of both the chair and vice-chair, the Board may elect a chair pro tempore for that meeting only and the appointment of such temporary officer shall be noted in the minutes. While so serving, a chair pro tempore shall perform the regular duties of the chair.

D. Duties of the Board Secretary:

• record all proceedings of the Board;

• issue all notices and orders that may be made by the Board;

• ensure that the minutes of the meetings of the Board are promptly and accurately recorded in

the minutes book noting the time and place of all meetings of the Board, whether they were regular or special minutes, the notice given, the names of those present, and the proceedings. The minutes book will be kept in the office of the chief administrator of Falls Lake Academy and shall be open to public inspection during regular business hours; - keep or cause to be kept a copy of the FLA Corporation’s Charter and Bylaws, with amendments; - give or cause to be given notice of the Board and Committee meetings as required by law and

the FLA Bylaws;

• manage all correspondence on behalf of the Board, except when the chair or the Board directs

otherwise in specific individual cases;

• prepare and distribute copies of the agenda as required by law and Board policy;

• maintain current and up-to-date manuals of Board policies and administrative regulations;

• advise the Board of policies previously adopted which affect items on the agenda requiring

policy consideration;

• in the absence of the chair and vice-chair, call the Board meeting to order and conduct the

election of a chair pro tempore; and

• perform any and all other duties as required by state law, or Board policy, or FLA By-Laws, or

as directed by the chair.

E. Duties of the Board Treasurer:

- keep or cause to be kept adequate and correct accounts of the Corporation’s properties,

receipts and disbursements; - collect, receipt, and deposit all funds collected by the FLA secretary, and deposit or cause to be

deposited the Corporation’s funds and other valuables in the Corporation’s name and to its credit, with the depositories the Board designates; - disburse or cause to be disbursed the Corporation’s funds as the Board directs; - maintain physical and legal custody of the FLA checkbook and financial documents, or, if so

directed by the Board, cause same to be housed in the office of the FLA chief administrator but available only to those personnel authorized by the Board to have access; - make books of account available at all times for inspection by any Board member; - prepare and present a summary account of financial transactions and current financial status for

every regularly-scheduled meeting of the Board; - render or cause to be rendered to the Chairman and the Board, as requested but no less

frequently than once every fiscal year, a complete account of the Corporation’s financial transactions and financial condition; - prepare or cause to be prepared any reports on financial issues required by an agreement on

loans; - serve as Chairperson of the Finance Committee; - reconcile each monthly bank statement; and - serve as official liaison between the Board and any financial management company or agency

authorized by the Board to handle the Board’s finances, whether in whole or in part.

The treasurer is an authorized joint signer of all checks.

F. The FLA Chief Administrator serves the Board in an employee capacity, but also serves as custodian of all official Board documents. The chief administrator shall maintain a locking file cabinet in his/her office wherein reside all such documents, along with any other Board materials deemed appropriate to be kept in his/her custody.

The FLA chief administrator shall be considered a privileged guest of the Board at all meetings of the Board and any and all Board committee meetings unless specifically excluded at the direction of the Board chair or the chair of any Board committee, and shall have the duties and responsibilities associated with ex-officio status with regard to Board and committee meetings, events, and activities.


ADOPTED

2.2300 BOARD COMMITTEES

Legal References: G.S. 115C-36; 143-318.9 et seq.

Cross References: 2.3200 Compliance with the Open Meetings Law

2.5000 Hearings Before the Board

I. GENERAL PROVISIONS

The Board may create committees for any purpose, and the Board chair shall appoint members to and designate the chairs of such committees as he/she deems appropriate. The assignment of individual Board members to these committees shall be published each year.

Board committees shall consist of not fewer than three members of the Board corporate, all of whom serve on designated committee at the pleasure of the Board chair. One exception: any executive committee of the Board shall comprise not fewer than five Board members.

Each committee’s chair shall preside at all committee meetings and shall be responsible for reporting to the Board on the activities of the committee. The committee chairperson shall call meetings and establish an agenda for each committee meeting which includes any item suggested by any committee member or Board member or by the chief FLA administrator.

The Board chair will be an ex-officio member of each committee. FLA administrators shall assist each committee in the preparation of the agenda and in ensuring that information is available to the committee during its deliberation of issues.

A Board committee may only make recommendations to the Board and has no authority to act on behalf of the Board unless specifically authorized by law, Board policy or by action of the Board.

II. TYPES OF COMMITTEES

A. Standing Committees: The Board shall organize standing committees for the purpose of conducting thorough deliberations and investigations of issues and for informing and recommending action to the Board as it deems appropriate. Standing committees, as named in this policy, are constituted by the full Board by majority vote. At the time of the formulation of this policy, standing committees of the Board are as follows:

- Rules and Governance - Personnel - Finance and Fundraising - Building and Grounds - Marketing, Communications, and Enrollment

B. Ad Hoc Committees: As time and situations demand, ad hoc committees may be appointed by the chair with the approval of the Board. Ad hoc committees may be constituted and empowered by the Board chair with or without the consent of the other Board members, and may be dismissed and/or discharged by same procedure. Ad hoc committees have no final authority and are subordinate and advisory to the Board.

III. OPEN MEETINGS LAW

All committees of the Board are public bodies within the meaning of the North Carolina Open Meetings Law and are subject to all requirements of that law pertaining to notice, closed sessions, minutes, voting and penalties (see policy 2.3200 Compliance with the Open Meetings Law).


ADOPTED 04-23-2013

 Revised 05-05-2015

2.3000 BOARD MEETINGS

Legal References: G.S. 143-318.9, -318.10 et. seq.

G.S. 143, Article 33C G.S. 115C-41, -37(d), -21

Cross References: 2.3200 Compliance with the Open Meetings Law

Falls Lake Academy, Inc. By-Laws

The Board, as a corporate body, may transact business only at official meetings of the Board. An individual Board member has no authority to act, unless authorized to do so by the Board at an official meeting.

I. TYPES OF MEETINGS

While the Board is determined to operate efficiently, it also is mindful of the importance of thoughtful planning and discussion prior to taking formal action. In addition to regular and called meetings, the Board may hold emergency meetings, work sessions, retreats, public hearings, and other special meetings as it deems necessary to act in a timely manner and provide its members and executive staff with the opportunity to have an exchange of ideas and receive input from other staff, parents, students, and the community.

A. Regular Meetings: At the Annual Meeting of the Falls Lake Academy, Inc. Board of Directors, the Board shall adopt a schedule of regular meetings to conduct the business of the Board for that school year. These regular meetings shall be held at an agreed-upon time and place at least monthly, but more often if deemed necessary by the members of the Board and approved by official vote. The place of meeting shall be any reasonably convenient place as the Board may designate. The Board secretary shall keep on file the schedule of regular meetings with the predetermined time and place noted. The schedule shall be revised only in accordance with legal requirements for notice.

B. Unscheduled Called Meetings: An unscheduled meeting may be called in addition to the schedule of regular meetings in order to address urgent or complex business of the Board that cannot be disposed of during the regular meeting schedule or generally unexpected circumstances that require immediate consideration by the Board. The chairperson – or the vice-chairperson, if the chairperson is unable or unwilling to act – shall call an unscheduled meeting when

1) not less than half the members of the Board request such a called meeting in writing; or 2) the chairperson determines the necessity for such a called meeting.

All members of the Board must be notified of unscheduled called meetings by first class mail, delivered personally, or by telephone, facsimile, or e-mail delivered to the Board member or to a person who might reasonably be believed will communicate it promptly to the Board member. Such notice should be delivered to the members of the Board and to those media outlets and other entities as may have filed standing requests for such notification in compliance with G.S. 143, Article 33C as soon as possible once the time and place of the called meeting has been determined, but not less than forty-eight hours prior to the projected start of the called meeting, in compliance with state law.

Discussion and action at any called meeting shall be limited to the agenda item(s) giving rise to the need for the called meeting in the first place.

C. Special Meetings: The Board may hold special meetings for specific purposes as it deems necessary. Special meetings may include, but are not necessarily limited to, the following (and similar):

1) An Annual Meeting of the Falls Lake Academy, Inc. Board of Directors shall be held each year for the purpose of setting the calendar of regular Board meetings for the coming year, electing new Board members as needed, making and receiving reports on corporate affairs, and transacting such other business as may come before the Board.

2) Retreats and workshops that may be scheduled in order to give the Board more time to deliberate or evaluate issues.

3) Public hearings required by law or deemed advisable by the Board will be organized by a special order and adopted by a majority vote setting forth the subject, date, place and time of the hearing as well as any rules regarding participation, such as the length of time for each speaker. The purpose of the meeting shall be to gather information and hear opinions from the community. Generally, Board members shall respond to speakers at the hearing only to seek clarification. At the appointed time, the chairperson or his/her designee shall call the public hearing to order and shall preside over it. When the allotted time expires or when no one wishes to speak, the chairperson or his/her designee shall declare the hearing ended.

II. COMPLIANCE WITH OPEN MEETINGS LAW

The board shall comply with all provisions of the Open Meetings Law.

III. QUORUM

In all events, a quorum of Board members must be present to lawfully conduct a Board meeting. Unless a greater proportion is required by law, a majority of the entire Board shall constitute a quorum for the transaction of any business or of any specified item of business. However, to the extent that the Board provides a location and means whereby members of the public may listen to any given meeting of the Board (pursuant to G.S. 143-318.13(a) of the Open Meetings Law), Board members may participate in a meeting by use of conference telephone or other electronic means, provided that all Board members participating in such a manner as well as those present in person may adequately hear one another. If at any meeting of the Board there shall exist fewer members present in person and remotely by way of electronic means to establish a quorum, those Board members present may adjourn the meeting until a quorum is established.

IV. ACTION BY THE BOARD

Except as otherwise provided by statute or by the By-Laws of the Falls Lake Academy, Inc. Board of Directors, the vote of a majority of those Board members present at the time of the vote, if a quorum exists as defined by Section III of this policy, shall constitute an act of the Board.


ADOPTED 08-13-2013

2.3200 COMPLIANCE WITH OPEN MEETINGS LAW

Legal References: G.S. 143-318.0, -.9, -.10, -.11, -.12

Cross References: 2.3210 CLOSED SESSIONS

The Board affirms the public policy of this State that hearings, deliberations, and actions of public bodies be conducted openly.

A. APPLICABILITY

All "public bodies" holding official meetings must comply with the requirements of the Open Meetings law in Article 33C of Chapter 143 of the General Statutes. The term "public bodies" includes the Board, any committees of the Board, and, as defined by law, any other committee of two or more members that exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative or advisory function, unless the committee or group is solely comprised of professional staff.

B. COMPLIANCE

The Board Secretary shall provide required notice and record and maintain minutes of all official meetings of the Board, Board committees, or committees appointed by the Board.

1. Notice shall be given in accordance with law for all regularly scheduled meetings, emergency meetings, and any other meetings, such as public hearings, work sessions, electronic meetings, or retreats.

2. Minutes shall be recorded and maintained in accordance with all legal requirements of all official meetings, whether held in open or closed session.

3. Closed Sessions shall be held only when required to permit the Board to act in the public interest and as permitted by law. A motion to go into closed session must be made and adopted in open session in accordance with the requirements of G.S. 143-318.11.


ADOPTED 08-13-2013 REVISED _________

2.3210 CLOSED SESSIONS

Legal References: G.S. 143, art. 33C

Closed sessions will be held only when required to permit the board to act in the public interest as provided by law. By majority vote of its members present, the board may hold or retire to a closed session as permitted by law for deliberation of matters permitted by law.

A. Actions Which Must Be Reported or Taken in Open Session

While deliberations may occur in closed session, the following Board actions must be taken or reported in open session:

1. if the Board has approved or considered a settlement in closed session, the terms of that settlement will be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. The report should be made in open session unless there is a basis for the report to be heard only in closed session; and

2. final action making an appointment or discharge or removal by the Board having final authority for the appointment or discharge or removal.

B. Reasons Expressly Prohibited for Action In Closed Session

The following are expressly prohibited by law as a basis for closed sessions:

1. discussion of general policy matters or other issues that would be open merely because an attorney employed or retained by the Board is a participant; and

2. consideration of the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the Board or to consider or fill a vacancy among its own membership.

C. Procedure

The Board shall meet in closed session only upon a motion duly made and adopted in public pursuant to G.S. 143-318.11(c).

D. Minutes

The Board shall keep minutes of all closed sessions. The minutes of the Board must include a general account of the closed sessions so that a person not in attendance will have a reasonable understanding of what transpired.

The Board will act in accordance with the NC State Open Meetings Law when moving into closed session, while discussing items approved by the Open Meetings Law for discussion in closed session, and when moving out of closed session to vote in open session on those items discussed while in closed session. Except for the provisions of the NC State Open Meetings Law and/or as approved by the Board itself or adopted into Board policy, no other restrictions shall be imposed upon the Board’s compliance with the utilization of closed sessions for the conduct of Board business.


ADOPTED 07-10-2013

REVISED 08-13-2013

2.4000 BOARD POLICIES

The Board of Directors of Falls Lake Academy, Inc., reserves to itself the functions of developing and revising policies for the operation of Falls Lake Academy. The formation and adoption of policies will constitute the primary method through which the Board exercises its leadership in the operation of the school.

A. Policy Development

Board policies shall be conceived, developed, and adopted according to the following sequential process:

1. The need for a new policy shall be established by the Board

a) during discussion in open session of any Board meeting; or b) via a proposal to the Board by any FLA student, parent, or employee of the Board.

2. The basic provisions of the proposed policy shall be defined by consensus of Board members

a) during discussion in open session of any Board meeting for which the published agenda

includes such discussion; or b) during discussion in open session of any Board meeting called for the purpose of developing

that particular policy.

3. The final consensus with regard to the provisions of the proposed policy shall be included in a written policy draft which shall be brought before the Board for consideration on first reading, at which the Board shall officially receive the policy draft by way of a formal vote to do so in the manner in which all votes are taken by the Board. Such policy drafts shall be authored by the Board chair’s designee.

4. Following a period of time specified by the Board chair for the members of the Board to read and consider the policy’s provisions and applications, the policy shall be brought back before the Board for discussion followed by approval, revision, or rejection on second reading.

5. If the Board accepts the policy as originally presented or with minor revisions on second reading, the policy shall be adopted and its provisions shall thenceforward be binding upon all elements and populations of Falls Lake Academy. If further revisions are deemed necessary, adoption of the policy shall be tabled pending such revisions and brought back before the Board until adoption is achieved.

B. Policy Amendment, Revision, or Appeal

When the Board deems it necessary to amend or revise an existing policy, steps #3-#4-#5 above shall be followed to accomplish such amendment or revision.

When the Board deems it necessary to repeal an existing policy, the will and intent of the Board with regard to such policy repeal shall be accomplished as follows:

1) Board vote on first reading to appeal; then

2) Board vote on second reading to appeal at the next Board meeting following the first reading

appeal vote.


ADOPTED 04-23-2013

2.5000 HEARINGS BEFORE THE BOARD

Legal References: G.S. 115C-36, -45(c), -47; 143-418.11

Cross References: 1.0100 Board Authority and Duties

1.3100-4.3100 Parental Involvement 1.7500 Grievance Procedures 2.1220 Role of Board Members in Handling of Complaints 2.3100 Public Participation at Board Meetings 2.3200 Compliance with the Open Meetings Law 3.6100 Parental Inspection and Objection to Instructional Materials

The Board is guided by generally accepted standards of fairness in establishing processes for hearings before the Bboard. Given the Board's considerable responsibilities for overseeing the educational program and operations of Falls Lake Academy, the Board also strives to be efficient in carrying out its various functions, including that of conducting hearings.

Unless other hearing processes are required by law or Board policy, the following procedures shall apply in Board hearings. The Board reserves the right to modify the procedures described in this policy as necessary in any particular hearing in order to be fair, efficient, meet legal requirements, or for any other reason the Board deems sufficient.

A. Open vs. closed hearings: Hearings shall be open to the public unless a closed session is permitted by law. The express policy of the State and this Board is to make hearings open to the public except for certain purposes specified in the Open Meetings Law.

1) Grievance appeals typically shall be heard in closed sessions in order to prevent the disclosure of confidential information. Closed sessions shall be conducted in accordance with Board policy 2.3200, Compliance with the Open Meetings Law.

2) The Board shall consider requests made by parents, students or employees to conduct a hearing in open session that is permitted by law to be held in closed session. However, the Board shall make the final determination of whether a hearing will be held in open or closed session.

B. Notification: The Board Secretary is responsible for providing sufficient notice of the time and place that a hearing will be held and the nature of the hearing that will be available. In order to resolve complaints expeditiously, board hearings shall be scheduled as promptly as possible and notice given to the parties. The Board Secretary should provide as much notice as is feasible given the particular circumstances.

C. Individual hearings shall be held unless the Board determines that a group hearing would be a more effective process for hearing and addressing the matter in question.

Where two or more individuals share the same or similar concern or are involved in the same matter to be heard by the Board, the Board may consider whether to conduct a group hearing. The Board may consider factors such as generally accepted standards of fairness, the need for efficiency, and the ability to prevent the disclosure of confidential information. The Board shall consider requests for group or individual hearings and shall make the final determination.

D. Panel hearings: Unless otherwise required by law, the Board may designate a panel of three (3) or more Board members to hear and act on behalf of the Board. The Board also may establish a panel to hear certain types of appeals, such as student disciplinary appeals or student grievances.

E. Written vs. oral statements: The Board believes that, in most instances, permitting the parties to speak before the Board enables a fair presentation of the parties’ position.

1) All parties involved in any hearing before the Board may submit written position statements and shall be given the opportunity for a limited oral presentation. Written statements may be submitted at the hearing or in advance of the hearing unless otherwise specified.

2) All parties shall be given the opportunity to address the Board orally as well. The Board may establish time limitations for oral presentations for different types of hearings or may set the time limitation for a particular hearing.

3) Each party shall be offered fifteen (15) minutes to present his/her/their position to the Board unless a different time frame is established in the notice, applicable Board policies, or at the hearing.

4) The Board may limit oral presentation to be made by the parties themselves; other witnesses may be excluded.

F. Legal representation: The Board may designate types of hearings in which parties may or may not be represented by legal counsel.

1) Any individual intending to be represented by legal counsel must notify the Board Secretary not less than two (2) days in advance of the hearing so that there will be an opportunity to clarify whether legal counsel may be used and to provide the Board with the opportunity to be represented by legal counsel as well.

2) Once notified of a person’s intent who is scheduled to appear before the Board to be represented by legal counsel at the hearing, the hearing may be rescheduled if necessary to enable the Board time to secure legal counsel for the hearing.

G. Legal rules of evidence do not apply with respect to hearings before the Board. The Board may consider any information that a reasonably prudent person would consider in conducting the serious affairs of a business.

H. Board’s discretion: In reviewing any appeal of a decision of school personnel, the Board shall determine whether the administrative record as a whole provides sufficient evidence to justify the decision of the school official who made the decision being appealed. New evidence shall not be permitted unless necessary to prevent a threat of substantial unfairness.

The Board shall review the administrative record, including any administrative proceedings, and shall provide an opportunity for the school official whose decision is being appealed and the party contesting the decision to make limited oral presentations of their positions. The submission of documentary evidence and presentation of additional witnesses will be allowed only at the discretion of the Board.

I. Record: The Board Secretary is responsible for making a record of all hearings before the Board. At a minimum, the Board record shall incorporate the administrative record provided to the Board for review and any written documents submitted by the parties. The record shall also provide the decision of the Board and the basis for the decision if such information is required or specified in law or Board policy.


ADOPTED 07-10-2013

2.7000 BOARD, SCHOOL SELF-EVALUATION

Legal Reference: G.S. 115-C-238.29B(b)(6)

Cross Reference: Falls Lake Academy, Inc. By-Laws

The FLA Board shall undertake periodic self-evaluation of its own processes, procedures, and effectiveness. In most cases, this process shall be conducted in conjunction with an overall self- evaluation of the school’s effectiveness as it relates to the school’s mission.

Self-evaluations may be undertaken at any time, and as often as the Board chooses to conduct one, but not less than once annually at the end of the school year.

The following data shall be collected and reviewed in the course of Board/school self-evaluation:

- End-of-Grade and End-of-Course Test results - Any additional standardized test data generated during the course of the school year - Report of the annual financial audit - Results of the NC Teachers’ Working Conditions Survey, whenavailable - Survey results and qualitative data collected from the annual administration of a comprehensive

survey of school and Board programs, procedures, student performance, and learning outcomes from the FLA staff, the parents, and selected student grades - School discipline and attendance records - Complaints and investigations follow-up reports - Any other information which the school and/or the Board collects and/or submits, or which is

reported, as part of the NC School Report Card data collection and reporting process

The Board shall issue a report of its findings in the self-evaluation process for review by the community and the school’s constituent populations.


ADOPTED 09-01-2015

3.1000 ACCESS TO EDUCATIONAL PROGRAMS

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Access to all courses, courses of study, “regular” parts of the educational program, and expansions or supplements to the regular educational program offered by Falls Lake Academy shall be reserved exclusively for enrolled FLA students. No non-enrolled students may be afforded either on-campus or remote access to such parts of the educational program without specific approval of the Board of Directors.


ADOPTED 03-04-2014

REVISED 07-04-2016

3.6140-4.2050 TECHNOLOGY ACCEPTABLE USE AND INTERNET SAFETY -- STUDENTS

Legal References: First Amendment to the U.S. Constitution

Childrenʼs Internet Protection Act, 47 U.S.C. 254(h)(5) Electronic Communications Privacy Act, 18 U.S.C. 2510-2522 Family Educational Rights and Privacy Act, 20 U.S.C. 1232g 17 U.S.C. 101 et seq. 20 U.S.C. 6777 G.S. 115C-325(e), -391

Cross References:

In the 21st Century, technology tools and electronic resources are an integral part of a comprehensive education program. Through these, both students and staff are able to extend classrooms beyond the four walls of their schools, enriching experiences and communicating on a global level. Computers, other electronic devices, programs, networks, and the Internet support instruction, appeal to various learning styles, and meet the educational goals of the Board.

Use of technological resources should be integrated and infused into the schoolʼs educational program. Technological resources should be used in teaching the North Carolina Standard Course of Study, the Common Core State Standards, and in incorporating other / related national curriculum standards. They should also be an integral part of a comprehensive communication program, facilitating exchange of information.

It is the policy of the Board to:

1. prevent user access over its computer network to, or transmission of, inappropriate material via

Internet, electronic mail, or other forms of direct electronic communications; 2. prevent unauthorized access and other unlawful online activity; 3. prevent unauthorized online disclosure, use, or dissemination of personal identification

information of minors; and 4. comply with the Childrenʼs Internet Protection Act [Pub. L. No. 106-544 and 47 USC 254(h)].

The chief FLA administrator shall ensure that all FLA computers with Internet access comply with federal requirements regarding filtering software, Internet monitoring, and Internet safety policies. He/she shall develop any needed regulations and submit any certifications necessary to meet such requirements.

A. Requirements for Use of Technological Resources

The use of school technological resources, such as computers and other electronic devices, networks, and the Internet, is a privilege, not a right. Before using the Internet, all students must be trained with regard to appropriate on-line behavior. Such training must cover topics such as cyberbullying and interacting with others on social networking websites and in chat rooms.

FLA students in grades K-1-2 will be restricted in their at-school access to the Internet so that their online activities are strictly monitored by the K-1-2 classroom teachers and teacher assistants. Before using school computers or electronic devices, or accessing the school network or the Internet at an educational site, all FLA students in grades 3-12 must sign a statement indicating that they understand and will strictly comply with the requirements listed in this section (below). Failure to adhere to these require- ments will result in disciplinary action, up to and possibly including revocation of user privileges. Willful

misuses may result in disciplinary action and/or criminal prosecution under applicable state and federal law.

1. School technological resources are provided for school-related and other approved purposes

only. Acceptable uses of such technological resources are limited to activities that support learning and teaching. Use of school technological resources for commercial gain or personal profit is prohibited.

2. Under no circumstances may software purchased by the school be copied for personal use.

3. Students must comply with all applicable Board policies, administrative regulations, and school

standards and rules in using technological resources. All applicable laws, including those relating to copyrights and trademarks, confidential information, and public records, apply to technological resource use. Any use that violates state or federal law is strictly prohibited.

4. No user of FLA technological resources, including a person sending or receiving electronic

communications, may engage in creating, intentionally accessing, downloading, storing, printing, or transmitting images, graphics (including still or moving pictures), sound files, text files, documents, messages, or other material that is obscene, defamatory, profane, pornographic, harassing, or considered to be harmful to minors.

5. Users of technological resources may not send electronic communications fraudulently (i.e., by

misrepresenting the identity of the sender).

6. Users must respect the privacy of others. When using e-mail, chat rooms, blogs or other forms

of electronic communication, students must not reveal personally identifiable, private, or confidential information, such as their own or other students’ home addresses or tele- phone numbers. In addition, school employees must not disclose on the Internet or on school system websites or web pages any personally identifiable information concerning students (including names, addresses or pictures) without the written permission of a parent or guardian or an eligible student, except as otherwise permitted by the Family Educational Rights and Privacy Act (FERPA) or other applicable Board policy. Users also may not forward or post personal communications without the authorʼs prior consent.

7. Users are prohibited from cyberbullying and other harassing activities conducted through school networks. Harassment includes, but is not limited to, slurs, comments, jokes, innuendoes, unwelcome compliments, cartoons, visual depictions, pranks, or verbal conduct relating to an individual which:

a) have the purpose or effect of creating an intimidating, hostile or offensive

environment; b) have the purpose or effect of unreasonably interfering with an individualʼs work

or school performance; or c) interfere with school operations.

8. Users who intentionally or negligently damage computers, computer systems, electronic

devices, software, or computer networks are guilty of vandalism. Users may not knowingly or negligently transmit computer viruses or self-replicating messages or deliberately try to degrade or disrupt system performance. Users must scan any downloaded files for viruses.

9. Users may not create or introduce games, network communications programs, or any foreign program or software onto any school computer, electronic device, or network without the express permission of the chief technology officer or his/her designee.

10. Users are prohibited from engaging in unauthorized or unlawful activities, such as “hacking”

or using the computer network to gain or attempt to gain unauthorized or unlawful access to other computers, computer systems, or accounts. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors is forbidden by the Childrenʼs Internet Protection Act.

11. Users are prohibited from using another individualʼs computer account. Users may not read,

alter, change, execute, or delete files belonging to another user without the ownerʼs express prior permission.

12. Users are prohibited from connecting any personal technologies to school-owned and

school-maintained local, wide, or metro area networks without permission of the chief FLA technology officer. These include – but are not limited to – computers, wireless access points and routers, printers, iPods, smart phones, and PDAs.

13. If a user identifies a security problem on a school technological resource, he or she must

immediately notify an FLA teacher, who will then notify the system administrator. Users must not demonstrate the problem to other users. Any user identified as a security risk will be denied access.

14. It is the responsibility of school staff to supervise student use of the Internet during

instructional time as well as enforcing this policy.

15. Views may be expressed as representing the view of the school only with prior approval of the

chief FLA administrator.

16. While the Board undertakes comprehensive security measures, appropriate use of school

networks and the Internet ultimately remains the responsibility of the user. Therefore, the Board is not responsible for loss of or corrupted data, service interruptions or delays, obtaining information of poor quality, or other inaccurate information.

B. Restricted Material on the Internet

Before a student may use the Internet for any purpose, the studentʼs parent(s)/guardian(s) must be made aware of the possibility that the student could obtain access to inappropriate material. The parent and student must sign a consent form acknowledging that the student user is responsible for appropriate use of the Internet and consenting to monitoring by school personnel of the studentʼs e-mail communication and use of the Internet.

The Board is aware that there is information on the Internet that is not related to the education program. The Board is also aware that the Internet may provide information and opportunities to communicate on subjects that are not suitable for school-age children and which many parents would find objectionable. The benefits from the valuable information and interaction available to students, however, outweigh the potential disadvantages of the possibility that students may find inappropriate material. School personnel shall take reasonable precautions to prevent students from having access to inappropriate materials, such as violence, nudity, obscenity, or graphic language which does not serve a legitimate pedagogical purpose. The chief FLA administrator shall ensure that the Internet service provider or technology personnel have installed a technology protection measure which blocks or filters Internet access to audio or visual depictions which are obscene, which are considered pornography, or which are harmful to minors. School officials may disable such filters for adults who use school-owned computers for bona fide research or other lawful educational purposes. School personnel may not restrict Internet access to

ideas, perspectives, or viewpoints if the restriction is motivated solely by disapproval of the ideas involved. C. Privacy

No right of privacy exists in the use of school owned/provided technological resources. School officials and individuals designated by the chief FLA administrator may review files, monitor all communication, and intercept e-mail messages in order to maintain system integrity and to ensure compliance with Board policy and applicable laws and regulations. School personnel shall monitor the online activities of individuals who access the Internet via a school-owned computer.

D. Personal Websites

The chief FLA administrator may use any means available to remove personal websites which substantially disrupt the school environment or which utilize school names, logos, or trademarks without permission.

Though school personnel generally do not monitor studentsʼ Internet activity conducted on nonschool computers during non-school hours, when a studentʼs on-line behavior has a direct and immediate effect on school safety or the maintaining of order and discipline in the schools, offending students may be disciplined in accordance with policy 4.3600 Code of Student Conduct.


ADOPTED 03-04-2014

REVISED 07-04-2016

3.6142-7.1310 TECHNOLOGY ACCEPTABLE USE AND INTERNET SAFETY -- EMPLOYEES

Legal References: First Amendment to the U.S. Constitution

Childrenʼs Internet Protection Act, 47 U.S.C. 254(h)(5) Electronic Communications Privacy Act, 18 U.S.C. 2510-2522 Family Educational Rights and Privacy Act, 20 U.S.C. 1232g 17 U.S.C. 101 et seq. 20 U.S.C. 6777 G.S. 115C-325(e), -391

Cross References:

In the 21st Century, technology tools and electronic resources are an integral part of a comprehensive educational program. Through these, both students and staff are able to extend classrooms beyond the four walls of their schools, enriching experiences and communicating on a global level. Computers, other electronic devices, programs, networks, and the Internet all support instruction, appeal to various learning styles, and meet the educational goals of the Board.

Use of technological resources should be integrated and infused into the schoolʼs education program. These resources should be used in teaching the North Carolina Standard Course of Study, the Common Core State Standards, and in incorporating other national curriculum standards. They also support valid business uses and provide for efficient work-related communication.

This policy defines employeesʼ proper conduct and responsibilities while using any school electronic information resources. Employees are defined as all teachers, administration, and staff. This policy also applies to any other users who are expressly authorized by the Board to use electronic information resources, including, but not limited to, Board members, contractors, consultants, and temporary workers. Electronic information resources are defined as all computer equipment, peripherals, and other hardware that is owned or leased by the school; user accounts; and any software licensed to the Board and/or the school.

All users must acknowledge that access to and use of all Board electronic resources is considered a privilege and not a right. Misuse of these resources may result in loss of this privilege as well as possible disciplinary or legal action.

It is the policy of the board to:

a) prevent user access over its computer network to, or transmission of, inappropriate material via

Internet, electronic mail, or other forms of direct electronic communications; b) prevent unauthorized access and other unlawful online activity; c) prevent unauthorized online disclosure, use, or dissemination of personal identification

information of minors; and d) comply with the Childrenʼs Internet Protection Act [Pub. L. No. 106-544 and 47 USC 254(h)].

The chief FLA administrator Executive Director shall ensure that school computers with Internet access comply with federal requirements regarding filtering software, Internet monitoring, and Internet safety policies. He/she shall develop all needed regulations and submit any certifications necessary to meet such requirements.

A. Appropriate Use

All users are expected to exercise good judgment, use computer resources in a professional manner, and adhere to this policy and all applicable laws and regulations.

Use of electronic information resources is limited to the schoolʼs goals with regard to educating students and conducting school business. The Board recognizes, however, that some personal use is inevitable, and that incidental and occasional personal use that is infrequent or brief in duration is permitted so long as it occurs on personal time, does not interfere with the employeeʼs work or school system business, and is not otherwise prohibited by Board policy or regulations, procedures, or applicable law.

B. Hardware and Software

All FLA tech resources are installed and maintained by individuals contracted for this use by the Board and/or specific staff members employed at least in part for this purpose. Other staff members shall not attempt to perform installation and maintenance without approval of one of these individuals, hereinafter referred to as “IT professionals.”

Users are prohibited from connecting any personal technologies to school-owned and maintained local, wide, or metro area networks without the approval of one of the Board’s IT professionals. Such items include (but are not limited to) computers, wireless access points and routers, printers, iPods, smartphones, and PDAs.

Software is licensed to the Board by a large number of vendors and may have specific license restrictions regarding copying or using a particular program. Users must obtain approval of one of the Board’s IT professionals prior to copying or loading school software onto any computer, whether privately- or school-owned.

The use of software not owned or authorized by the Board’s IT professionals on any school computers (including laptops, desktops, and the network) is prohibited. The use of such software will be subject to any restrictions specified by the software license and to any restrictions imposed by the IT professionals. All software must be legally licensed by the user or the Board prior to loading onto school equipment. The unauthorized use of and/or copying of software is illegal.

The Boardʼs network may not be used for downloading entertainment software or other files not related to the mission and objectives of the Board. This prohibition pertains to freeware, shareware, copyrighted commercial and non-commercial software, and all other forms of software and files not directly related to the instructional and administrative purposes of the school.

C. Prohibited Uses

The following are prohibited uses of school system devices and computers:

1. Commercial use for personal or private gain, personal business, or commercial advantage.

2. Political use to advocate, directly or indirectly, for or against legislation, a ballot proposition,

and/or the election of any person to any office.

3. Illegal or inappropriate use for illegal, harassing, vandalizing, or inappropriate purposes, or in

support of such activities.

“Illegal activities” are defined as any violations of federal, state, or local laws and include, but are not necessarily limited to: copyright infringement and/or illegal file sharing, fraud, communicating threats, and intentionally engaging in communications for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing another person.

“Harassment” includes, but is not necessarily limited to: slurs, comments, jokes, innuendoes, unwelcome compliments, cartoons, visual depictions, pranks, or verbal conduct relating to an individual which:

a) have the purpose or effect of creating an intimidating, hostile or offensive environment; b) have the purpose or effect of unreasonably interfering with anyone’s work or school

performance; or c) interfere with school operations.

“Vandalism” is defined as any attempt to harm or destroy an operating system, hardware, application software, or data.

“Inappropriate use” is any violation of other provisions of this policy and includes, but is not limited to, using another personʼs ID or password, plagiarizing, accessing, producing, storing, posting, sending, displaying, or viewing inappropriate or offensive material, including pornographic, obscene, discrimina-tory, profane, lewd, vulgar, rude, inflammatory, threatening, disrespectful, or sexually suggestive language or images, or images of exposed private body parts; and accessing material advocating illegal acts or violence, including hate literature.

4. Unauthorized use: School computers may only be used by staff, students, and others

expressly authorized by the Board’s IT professionals.

5. Disruptive use: school computers may not be used to interfere with or disrupt other users,

services, or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising (“spam”), propagation of computer viruses, distribution of large quantities of information that may overwhelm the system (chain letters, network games, or broadcasting messages), and any unauthorized access to or destruction of school computers or other resources accessible through the network (“cracking” or “hacking”). Disruptive use may also be considered inappropriate and/or illegal.

The following are considered disruptions and are also prohibited: posting personal or private information about the user or other people on the Internet; arranging or agreeing to meet with someone the user has met online for purposes other than official school business; attempting to gain unauthorized access to the Boardʼs network; posting information that could be disrupting, cause damage, or endanger students or staff; and accessing chat-rooms or instant messaging software, unless for a valid educational purpose or official school business.

D. Staff Websites

Falls Lake Academy provides numerous avenues through which teachers can facilitate their instructional programs, including the establishment and development of individual teacher websites. All content posted on these sites remains the intellectual property of Falls Lake Academy, Inc.

There are numerous outside web sites where employees can bookmark and compile information to support their instructional goals. These sites may not be appropriate venues to serve as substitutes for websites provided by FLA for its teachers and employees. Information posted on an outside site often becomes the property of the site and the employee no longer has ownership or control of content. For this reason employees may not use these sites to post information for student and/or parents unless authorized to do so by the Board’s IT professionals.

E. Social Networking Sites

The Board recognizes that social networking sites can provide an important avenue of communication between staff, students, and parents. An employee who wishes to utilize these sites must set up an approved school account that is separate from the employeeʼs personal social networking site. Staff may use these system-specific sites to post announcements for parents, students, and the community; they may not use these sites for posting instructional information.

Employees are to maintain an appropriate relationship with students at all times. Employees are encouraged to block students from viewing personal information on employee personal websites or online networking profiles in order to prevent the possibility that students could view materials that are not age-appropriate or engage in inappropriate exchanges with employees. If an employee creates and/or posts inappropriate content on a website or profile and it has a negative impact on the employeeʼs ability to perform his/her job as it relates to working with students, the employee will be subject to profes- sional discipline measures up to and including the possibility of termination of employment. This section applies to all employees, volunteers, and student teachers working in the system.

F. Compliance With Policy

This Board policy is applicable to all employees of the Board and refers to all electronic information resources, whether individually controlled, shared, stand-alone, or networked. Disciplinary action for employees shall be consistent with Board policies and practices. Violation of this policy may constitute cause for revocation of access privileges, suspension of access to school computers, termination of employment, and/or appropriate disciplinary or legal action.

G. Student Monitoring Responsibilities

School administrators and staff are responsible for reading the Student Acceptable Use Policy and for enforcing the policy for any and all students. Administrators and staff must supervise student use of electronic information resources and technology equipment in a manner that is appropriate to the studentsʼ respective ages and circumstances of use.

H. Monitoring / No Expectation of Privacy

The Boardʼs electronic information resources, the Internet, and use of email are not inherently secure or private. Employees shall have no expectation of privacy while using school electronic information resources. The Board reserves the right to search data or email stored on all school-owned or leased computers or other electronic information resources at any time for any reason. The Board also reserves the right to monitor employeesʼ use of school system electronic information resources and to take appro- priate disciplinary action based on the employeesʼ inappropriate or illegal use or use that is in violation of this policy. The Board reserves the right to disclose any electronic message to date to law enforcement officials, and under some circumstances may be required to disclose information to law enforcement officials or other third parties (for example, in response to a document production request made in a lawsuit involving the Board or pursuant to a public records disclosure request).

I. Security / Care of Property

Security on any computer system is a high priority, especially when the system involves many users. Employees are responsible for reporting information security violations to appropriate personnel. Employees should not demonstrate the suspected security violation to other users.

Unauthorized attempts to log onto any school computer on the school network as a system administrator may result in cancellation of user privileges and/or additional disciplinary action. Any user identified as a security risk or having a history of problems with other systems may be denied access.

Users of the schoolʼs technology equipment are expected to respect school property and to be respon- sible in using the equipment. Users are to follow all instructions regarding maintenance and care of the equipment. Users may be held responsible for any loss or damage caused by intentional or negligent acts in caring for computers while under their control. The school is responsible for any routine maintenance or standard repairs to school system computers.

J. No Warranties The Board makes no warranties of any kind, whether express or implied, for the electronic information it is providing. The Board will not be responsible for any damages suffered by users, including a loss of data resulting from delays, non-delivery, service interruptions, or any other cause. The Board will not be responsible for any claims, losses, damages, costs, or other obligations arising from the unauthorized use of school electronic information resources.

Use of any information obtained via the Internet is at the userʼs risk. The Board specifically denies any responsibility for the accuracy or quality of information obtained through its service.

Users are responsible for any losses sustained by the Board resulting from the userʼs intentional misuse of the schoolʼs electronic information resources.

K. Application of Public Records Law

All information created or received for work purposes and stored on or contained in the schoolʼs computer resources or electronic data files is subject to public disclosure unless an exception to the Public Records Law applies. This information may be purged or destroyed only in accordance with the applicable records retention schedule and the State Division of Archives regulations.

L. Employee Signatures Required

All FLA employees will be furnished with a copy of this Board policy; it must be signed before access is granted and an email account is assigned. An employeeʼs acceptance of the Agreement is considered a condition of employment and refusal to sign may result in disciplinary action, up to and including possible termination of employment.

In addition, school employees must not disclose on the Internet or on school websites or web pages any personally identifiable information concerning students (including names, addresses or pictures) without the written permission of a parent or guardian or an eligible student, except as otherwise permitted by the Family Educational Rights and Privacy Act (FERPA) or other applicable Board policy. Users also may not forward or post personal communications without the author’s prior consent.

I, the undersigned Falls Lake Academy employee, attest that I have read and understand the provisions of this Board policy and agree to be governed and regulated by them.

Employee’s signature Date


ADOPTED 07-16-2013

REVISED 07-04-2016

3.6320 SCHOOL TRIPS

Legal References: G.S. 115C-47, -288, -307

Cross References: 1.5100-4.3000-7.2700 SCHOOL SAFETY

4.3600 CODE OF STUDENT CONDUCT 4.6000 STUDENT FUNDRAISING 4.9000 STUDENT FEES, CHARGES, AND FINES 5.0150 SCHOOL VOLUNTEERS

I. TRIP OBJECTIVES

The board believes that school trips designed to accomplish the following objectives are both appropriate and necessary to the mission and objectives of the school:

- establish connections between classroom instruction and relevant real-world conditions and/or

circumstances; - promote and stimulate student interest and inquiry; - enhance and enrich the substance and details of the curriculum; - give instruction about the history and culture of the society in which we live; and - facilitate student participation in events and activities that enrich their lives.

All off-campus trips and travel involving Falls Lake Academy students which are approved and authorized by the school administration and which are conducted, directed, and/or accompanied by FLA personnel shall have one or more of these objectives as their primary reason and focus.

II. SCHOOL TRIPS DEFINED

A. School Trips: A school trip occurs when one of the following events occur:

1. A student or group of students leave(s) the school campus under the sponsorship of the

school and under the supervision of school employees for the specific purpose of participation in an event approved, authorized, sponsored, and/or conducted by the school and during which the student(s) is/are directed and/or supervised by FLA personnel. 2. A student or group of students meet(s) at an off-campus location for the specific purpose of

participation in an event approved, authorized, sponsored, and/or conducted by the school and during which the student(s) is/are directed and/or supervised by FLA personnel.

B. Non-school Trips: An event which attracts students by virtue of their interest and/or participation in a school-sponsored activity, event, or group but which is not approved, authorized, sponsored, and/or conducted by the school, and to which students travel by way of their own arranged transportation, is NOT a school trip, even if FLA personnel, authorized parent volunteers, and/or other students are present and participating. Falls Lake Academy and Falls Lake Academy, Inc. assume no liability with regard to FLA students’ presence and/or participation in such events. [Example: students who attend an athletic event at another school involving an FLA team.] In such cases, however, FLA students who are attending such events in their capacities as FLA students are subject to the provisions of Board policy 4.3600 CODE OF STUDENT CONDUCT.


ADOPTED 03-04-2014

Revised 07-01-2014

Revised 03-17-2015

3.8100 PROMOTION AND RETENTION

Legal References: G.S. 115C-36, -45(c), -47, -81, -105.21, -174.11, 288(a)

State Board of Education Policies GCS-C-031; GCS-N series Guidelines for Testing Students Identified as Limited English Proficient Guidelines for Testing Students with Disabilities (Department of Public Instruction)

Cross References: 3.8105 PROMOTION APPEALS

3.8110 SUMMER RECOVERY 3.8200 HIGH SCHOOL GRADUATION and EXIT STANDARDS 4.2000 ATTENDANCE

Preparing students for promotion at all grade levels shall be the responsibility of students, classroom teachers, administrators, and parents. Principals and teachers shall work together to make final promotion decisions.

I. PURPOSE

The Board believes that students should progress to the next level of study only after they are proficient in their knowledge and application of the current curriculum level. To the extent reasonably possible, students should be given as much time or as little time needed to reach proficiency at each successive level of study.

II. PROMOTION STANDARDS

Principals have the authority to promote and to retain students based upon the standards set by the Board and by the State Board of Education. Falls Lake Academy students shall be promoted from one grade to the next when they have met the following standards and criteria for their respective grades:

A. Early Elementary Grades (K-2)

1. Satisfactory performance on all relevant [K-2] state literacy and math assessments 2. Satisfactory classroom performance on all teacher-initiated standards and criteria for

advancement and promotion 3. Satisfactory performance on all quarterly PBL project content and presentations 4. Not more than 15 unexcused absences from school throughout the school year 5. Satisfactory completion of not less than 5 hours of approved school and/or community

service throughout the school year

B. Upper Elementary Grades (3-5)

1. Satisfactory performance (3 or higher) on all relevant state End-of-Grade (EOG) assessments 2. Satisfactory classroom performance on all teacher-initiated standards and criteria for

advancement and promotion in core academic subjects 3. Satisfactory performance on all quarterly PBL project content and presentations 4. Not more than 15 unexcused absences from school throughout the school year 5. Satisfactory completion of not less than 7 hours of approved school and/or community

service throughout the school year

1

C. Middle Grades (6-8)

1. Satisfactory performance (3 or higher) on all relevant state End-of-Grade (EOG) assessments 2. Passing final grades in all core academic classes 3. Satisfactory performance on all quarterly PBL project content and presentations 4. Satisfactory classroom performance on all teacher-initiated standards and criteria for

advancement and promotion in core academic classes 5. Not more than 15 unexcused absences from school throughout the school year 6. Satisfactory completion of not less than 10 hours of approved school and/or community

service throughout the school year

D. High School Grades (9-12)

1. Course credit criteria:

a) Classification as Freshman: All students are classified as Freshmen in their first

two semesters of high school, regardless of credits earned b) Classification as Sophomore: minimum 6 earned course credits c) Classification as Junior: minimum 13 earned course credits d) Classification as Senior: Enough earned course credits to be within reach of

graduation by the end of that school year

2. Satisfactory performance on all quarterly PBL project content and presentations 3. Not more than 8 unexcused absences in any course

[Note: more than 8 unexcused absences in any high school course = loss of credit (see Board policies 4.2000 and 3.8101)] 4. Satisfactory completion of not less than 10 hours of approved school and/or community

service throughout the school year

E. Students With Disabilities (all grades)

To the extent possible, students with disabilities shall be held to the same promotion standards as all other students. However, for students with IEPs who take alternative assessments in lieu of the EOG or the EOC tests in their respective grades and/or high school courses, promotion decisions shall be based on criteria as recommended by the IEP team. Such decisions may or may not be tied to passing or failing course grades and/or other promotion requirements.

All intervention strategies and other opportunities, benefits, and resources that are made available to students without disabilities shall be made available to students with disabilities who are subject to these promotion standards. Such opportunities must be in addition to the special education services provided to students with disabilities.

Each IEP team, with the student’s parent(s) or guardian(s) as members (and the student himself/herself as member, also, where appropriate) shall work together to determine the appropriate course of study for that student.

III. RETENTION

Students who fail to meet the promotion standards and criteria outlined in this policy and whose non- promotion on those bases is not overturned in the Promotion Appeals or Summer Recovery processes (see Board policies 3.8105 and 3.8110), or through satisfactory re-taking of failed high school courses

2

with passing final grades and EOC scores (if applicable), shall be retained in the grades they failed to be promoted from. There shall be no limit to the number of times a student can be retained in any individual grade, or in the total number of grades, over the course of a student’s academic career.

IV. PROMOTION APPEALS and SUMMER RECOVERY

Students who are non-promoted or who are denied course credit due to their failure to meet any of the academic standards or criteria outlined in this policy may appeal their grade retentions and/or denial of course credit by submitting a written appeal including documentation specific to all or some of their final grades which indicates that those grades should have been designated “passing” (see Board policy 3.8105). If the Appeals Committee does not overturn the retention and/or loss of course credit, the student may attend Summer Recovery if/when offered and, with satisfactory academic participation, (see Board policy 3.8110) may be promoted and/or awarded course credit.

V. GRADUATION REQUIREMENTS (see Board policy 3.8200)

1. Passing final grades on and resultant course credit for 28 or more high school – level courses

offered at FLA or approved by the FLA administration for transfer from:

a) other schools or colleges b) NC Virtual Public School approved high school course offerings c) other pre-approved e-learning programs and/or vendors d) NCDPI’s Credit by Demonstrated Mastery program

[Approved 28 course credits to include all courses required for graduation with the NC High

School Diploma or Occupational Diploma]

2. Satisfactory performance (3 or higher) on all state-mandated End-of-Course (EOC) tests and

other state-mandated testing program requirements for graduation 3. Satisfactory performance on 2 PBL project content and presentations in the first semester of

the senior year [Note: students approved for early graduation after their 7th semester are exempt from this requirement] 4. Satisfactory performance on a pre-approved individual Graduation Project (both content and

presentation) 5. Not more than 8 unexcused absences in any course in the senior year [Note: more than 8

unexcused absences in any high school course = loss of credit (see Board policies 4.2000 and 3.8101)] 6. Satisfactory completion of not less than 10 hours of approved school and/or community

service in the senior year

[See Board policy 3.8200 for graduation requirements for students with disabilities.]

VI. NON-GRADUATION

Students who do not graduate due to their failure to meet any of the or criteria outlined in this policy (details expanded in Board policy 3.8200) are eligible to seek late graduation through the Promotion Appeals and/or Summer Recovery processes (see Board policies 3.8105 and 3.8110). When participation in neither process earns a student’s graduation, he/she may re-take failed courses and/or re-do any of the requirements outlined in this policy which initially were adjudged to be insufficient for passing credit.


ADOPTED 12-1-2015

3.8101 PASSING GRADE DEFINED

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Cross References: 3.8100 PROMOTION AND RETENTION

3.8105 PROMOTION APPEALS 3.8110 SUMMER RECOVERY 3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS 4.2000 ATTENDANCE

Falls Lake Academy is committed to developing, establishing, and maintaining the highest practical standards for academic achievement and college readiness possible for the students who attend and graduate from FLA. To that end, the Board recognizes the need to raise the bar in terms of minimum acceptable academic performance from the minimum set by the State of North Carolina.

For all student work assigned and accomplished at FLA, the minimum passing grade shall be a numeric 70, or the lowest grade of “C” available in the FLA 10-point grading system.

All FLA administrators and teachers are instructed to establish this minimum score of C-70 in all coursework for all students.


ADOPTED 02-18-2014

3.8105 PROMOTION APPEALS

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Cross References: 3.8100 PROMOTION AND RETENTION

3.8110 SUMMER RECOVERY 3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS 4.2000 ATTENDANCE

The Board believes in the establishment of high academic and related standards for all FLA students. At the same time, the Board recognizes that there are sometimes valid reasons why an individual student fails to meet those standards, and that those failures may not necessarily be indicative of the student’s actual ability to meet them but may rest in mitigating circumstances.

In order to provide an avenue for students who fail to be promoted from one grade to the next, or to graduate from FLA High School at the expected time of graduation, the Board instructs all FLA Principals to convene a Promotion Appeals Committee of faculty and staff members each summer.

The Board reserves unto itself the right to place one or more of its members on the Committee each year, but is not obligated to do so. All such Board appointments are made by the Board chair.

Appeals must be made in writing by the student and his/her parent(s) / guardian(s). These written appeals must:

1. be submitted to the Principal within five days following the release of final report cards in the

spring of each school year; 2. include the name of the student, the name(s) of the student’s parent(s) or guardian(s),

specification of the grade from which the student was not promoted, and the date when the appeal is submitted; 3. written documentation relevant to the reasons for the appeal, specifying why the unmet

standards leading to the non-promotion should be reconsidered in light of that documentation; and 4. a specific request, if desired, to be allowed to appear in person before the Committee.

The Promotion Appeals Committee shall convene as soon as possible after the five-day submission deadline to consider all submitted appeals. The appeal process shall involve a review of the student’s academic and/or other relevant records as it feels appropriate, including– but not limited to – such items as attendance records, diagnostic and/or formative assessments, Works In Progress Folder items and Showcase Portfolios used in bi-annual Student-Led Conferences, PBL projects and presentation records, EOG and/or EOC test scores and/or other relevant state accountability program scores, approved School and Community Service Logs, IEPs and 504 plan goals and accomplishments, etc.

Following the Committee review and appeals hearing process, the Committee makes a recommendation to the Principal to promote, to uphold the non-promotion, or (in the case of EC students) possibly to “place” the student in the next successive grade without official promotion. By state law, the final promo- tion / placement decision rests with the Principal, whom the Board instructs to take the Committee’s recommendation into account.

Students and parents who request approval to appear in person before the Promotion Appeals Committee shall be allowed to do so at the Committee’s convenience.

A copy of this policy shall be included with the final report card for every student who fails to be promoted from one grade to the next K-11 or who fails to graduate on the expected date from FLA High School.


ADOPTED 02-18-2014

 Revised 07-01-2014

Repealed 05-03-2016

3.8110 SUMMER RECOVERY

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Cross References: 3.8100 PROMOTION AND RETENTION

3.8105 PROMOTION APPEALS 3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS 4.2000 ATTENDANCE

The Board believes in the establishment and maintenance of high academic and related standards for all students who attend Falls Lake Academy. At the same time, the Board recognizes the need to provide an avenue for students who fail to be promoted from one grade to the next, to graduate from FLA High School at the expected time of graduation, and/or to gain more time or another chance altogether to meet whichever standard(s) led to the students’ non-promotion, failure to graduate, and/or failure to pass a high school course. Summer Recovery is that avenue, if / when offered.

FLA Summer Recovery shall be characterized by the following:

a) Fully fee-based and 100% financed by the participating students and their parent(s) / guardian(s) if/

when allowed by NC state law and State Board of Education policy. b) Academic offerings to include (based on analysis of need and demand):

- full high school “summer school” opportunity to take for the first time or to re-take a failed 135-

hour high school class, including relevant EOC or other state-mandated test(s), for credit [Note: the Board authorizes Principals to accept non-FLA students who apply to take high school courses for credit in FLA Summer Recovery; such students are subject to all FLA program tenets and student expectations while participating] - partial “summer school” opportunities for students who fail grades 3-8 to repeat and correct any

unmet promotion standards (each student shall follow a personal academic plan which specifies and focuses on those standards which remain unmet) - School and Community Service opportunities for students in grades K-12 who do not fulfill their

mandatory 10-hour promotion requirement - Attendance Recovery opportunities for students who accumulate more than 15 unexcused

absences throughout the previous school year c) Students enrolled in Summer Recovery academic high school courses shall engage in, complete, and present one group PBL project and shall compile and present a Showcase Portfolio for that course to be presented in a Student-Led Conference d) Summer Recovery shall be staffed by teachers and other appropriate staff as determined by the

Principal

Students who meet FLA promotion standards in Summer Recovery shall be promoted at the professional discretion of the Principal. Students who fail to meet FLA promotion standards in Summer Recovery shall be retained and required to repeat the previous grade. Students who successfully complete a first- time or repeated high school class which, in turn, meets final graduation requirements, and/or who otherwise complete other previously unmet graduation requirements in Summer Recovery shall be designated “graduated” at the professional discretion of the Principal. Students who fail to meet graduation standards in Summer Recovery shall be required to re-enroll the following fall semester and continue their pursuit of an FLA diploma in the regular school setting.

EC students who participate in Summer Recovery shall be recommended by their Summer Recovery teacher(s) for promotion, retention, or placement in a certain grade following an IEP Team review of their

Summer Recovery work. The final decision rests with the Principal, who shall take this recommendation into account.


ADOPTED 10-6-2015

Revised 12-1-15

3.8150 ACADEMIC COURSE CREDIT

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Cross References: 3.8100 PROMOTION AND RETENTION

3.8105 PROMOTION APPEALS 3.8110 SUMMER RECOVERY 3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS 4.2000 ATTENDANCE

I. ELEMENTARY AND MIDDLE GRADES

FLA elementary and middle school students (grades K-8) are evaluated for grading and promotion according to their academic performance in all subjects and by other criteria as set by the Board of Directors (see Board policy 3.8100: PROMOTION AND RETENTION). Promotion is not dependent upon individual course credit. Therefore, credit is not awarded for individual courses; final grades, however, in all courses are recorded in each student’s permanent record and are considered in the determination of promotion and retention.

II. HIGH SCHOOL

A. Credit Weight. High school students (grades 9-12) are evaluated for grading and promotion according to the awarding of individual course credit in accordance with Board policy 3.8100: PROMO- TION AND RETENTION. Credit weight for every course taken and passed (final grade of 70 or above) at the high school level shall be one unit unless an exception is approved by the Board upon the recommendation of the high school Principal (or the chief FLA administrator, if different from the high school Principal) for an individual course to carry a different weight. All such exceptions shall be considered and approved or rejected separately by the Board.

B. State Tests. All NC SCOS tests relevant to an individual course – including, but not limited to, EOC (End-of-Course) and NCFE (NC Final Exams) – shall be required of all students enrolled in that course and shall be administered as that course’s final exam. Students who do not take one of these required tests, regardless of their final grade in the relevant course otherwise, shall not be awarded credit for the course. [However, the Board reserves the right unto itself to review such cases on an individual basis in the event of serious hardship and/or unusual circumstances.]

C. Required Final Exams. All high school academic courses are required to administer a final exam (see IIB above and IID below). Certain elective courses – including, but not necessarily limited to, Arts and OCS courses – may be exempt from this requirement by action of the high school Principal. The high school Principal shall notify the Board at the beginning of each semester which, if any, courses are exempt from this requirement to administer a final exam. Exempt courses’ final grades are determined by student performance throughout the course term only.

D. Final Exam Weight. Final exam grades in all high school courses which are required to administer final exams – including State Tests (see IIB above) as well as teacher-made tests – shall be worth 20% of those courses’ final course grades for all students taking those courses. [Exception: certain EC students according to the provisions of their respective IEPs.]

continued - - - - -

III. HIGH SCHOOL COURSES TAKEN IN MIDDLE SCHOOL

A. Impact on Promotion. The North Carolina Standard Course of Study makes opportunities available under certain circumstances for middle school students to take high school coursework. When FLA middle school students are approved to take high school courses, the final course grade in those courses shall be considered the same way which all other final grades are considered in terms of a student’s eligibility for promotion.

B. Credit Weight. Students who take and pass (final grade of 70 or above) high school courses for which they are eligible and approved, including the final exam (see IIB and IIC above), shall be awarded course credit on their high school transcripts for those courses. High school course credit earned in middle school, however, does not count toward the total number of units’ credit required for graduation (see Board policy 3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS). Nor does it count as fulfillment of course requirements in specific subject areas. [Example: a student who takes and passes Math 1 in 8th grade shall receive credit for Math 1 on his/her high school transcript, but shall still be required to earn a minimum total of 28 units, including 4 units of math taken while enrolled in grades 9-12 in order to be eligible for graduation.]

C. Final Exam Provisions. Provisions IIB, IIC, and IID above shall be in effect for all high school courses taken by middle school students. All middle school students enrolled in these courses shall be subject to these provisions.


ADOPTED 02-18-2014

3.8200 HIGH SCHOOL GRADUATION AND EXIT STANDARDS

Legal References: G.S. 115C-81

State Board of Education Policy GCS-M-001

Cross References: 3.8100 PROMOTION AND RETENTION

3.8105 PROMOTION APPEALS 3.8110 SUMMER RECOVERY 4.2000 ATTENDANCE

The Board believes that Falls Lake Academy graduates should exemplify the highest standards possible in terms of preparation for the world beyond high school including success in college and the world of work, national and global citizenship and competitiveness, and community involvement. To that end, the Board adopts these high school graduation and exit standards, by which FLA Principals and teachers shall determine how graduating students shall be identified, approved, and honored as FLA graduates.

I. GRADUATION REQUIREMENTS

A. Occupational Diploma: To the extent possible, students with disabilities shall be held to the same graduation standards as all other students. However, certain students with active Individual Education Plans (IEPs) who qualify on the basis of those IEPs shall be awarded a North Carolina Occupational Diploma upon successful completion of the following requirements (both state and FLA requirements included):

1. Satisfactory completion of all academic requirements (including, but not necessarily limited to,

specific course completion and state testing requirements) for the NC Occupational Diploma as established by the NC State Board of Education for the year in which the student graduates 2. Satisfactory accomplishment of the student’s IEP goals as determined by his/her IEP

Committee 3. Satisfactory performance on 2 PBL project content and presentations in the first semester of

the senior year [Note: students approved for early graduation after their 7th semester are exempt from this requirement] 4. Satisfactory performance on a pre-approved individual Graduation Project (both content and

presentation) 5. Not more than 8 unexcused absences in any course in the senior year [Note: more than 8

unexcused absences in any high school course = loss of credit (see Board policies 4.2000 and 3.8101)] 6. Satisfactory completion of not less than 10 hours of approved school and/or community

service in the senior year

For students with IEPs who take alternative assessments in lieu of the EOG or EOC tests in their respective grades and/or high school courses, graduation decisions shall be based on criteria as recommended by the IEP team. Such decisions may or may not be tied to passing or failing course grades and/or other promotion requirements outlined in this policy.

Each IEP team, with the student’s parent(s) or guardian(s) as members (and the student himself/herself as member, also, where appropriate) shall work together to determine the appropriate course of study leading to graduation for that student.

1

B. North Carolina High School Diploma: All students who do not qualify for the NC Occupational Diploma (see IA above) shall be awarded a North Carolina High School Diploma upon successful completion of the following requirements (both state and FLA requirements included):

1. Passing final grades on and resultant course credit for 28 or more high school – level courses

(including all courses required by the state of North Carolina for awarding of an NC High School Diploma) offered at FLA or approved by the FLA administration for transfer from:

a) other schools or colleges b) NC Virtual Public School approved high school course offerings c) other pre-approved e-learning programs and/or vendors d) NCDPI’s Credit by Demonstrated Mastery program 2. Satisfactory performance (3 or higher) on all state-mandated End-of-Course (EOC) tests and

other state-mandated testing program requirements for graduation 3. Satisfactory performance on 2 PBL project content and presentations in the first semester of

the senior year [Note: students approved for early graduation after their 7th semester are exempt from this requirement] 4. Satisfactory performance on a pre-approved individual Graduation Project (both content and

presentation – see III below) 5. Not more than 8 unexcused absences in any course in the senior year [Note: more than 8

unexcused absences in any high school course = loss of credit (see Board policies 4.2000 and 3.8101)] 6. Satisfactory completion of not less than 10 hours of approved school and/or community

service in the senior year

II. NON-GRADUATION, DELAYED GRADUATION

Students who do not graduate due to their failure to meet any of the criteria outlined in this policy are eligible to seek late graduation through the Promotion Appeals and/or Summer Recovery processes (see Board policies 3.8105 and 3.8110).

When participation in neither process earns a student’s graduation, he/she may re-take failed courses and/or re-do any of the requirements outlined in this policy which initially were adjudged to be insufficient for passing credit. Once such repeat efforts yield satisfactory results, the Principal is authorized to declare the student “graduated” and award him/her any and all of those diploma(s) and honor(s) due him/her.

Students who then meet graduation requirements under these conditions may elect to walk in the next scheduled Commencement Exercises if they choose to do so.

III. GRADUATION PROJECT

All candidates for the North Carolina High School Diploma shall successfully complete, with satisfactory passing scores, an individual Graduation Project. Graduation Projects shall:

1. adhere to the standards and requirements developed for FLA Graduation Projects by the FLA

Principal and high school faculty (see below); 2. take the place of both the regular quarterly PBL projects required in the student’s final

semester before his/her scheduled graduation; 3. be original pieces of research and presentation, subject to regular rules and procedures

regulating all forms of academic honesty and integrity;

2

4. be presented to an adjudication panel in a public forum in the second quarter of the student’s

final semester before his/her scheduled graduation; and 5. carry no course credit nor individual weighted or unweighted grade, but shall be recorded as

“P” or “F” on the student’s report card and transcript.

The FLA Principal shall convene a committee of high school faculty each fall to review the existing Graduation Project standards and requirements and make recommendations to the full high school faculty concerning any changes, additions, deletions, and/or modifications reached by consensus for that year’s graduating seniors’ Graduation Projects. The full high school faculty shall affirm or deny such changes, additions, deletions, and/or modifications by a vote of the full faculty (majority rule carries vote).

IV. EARLY GRADUATION

Students who are on-track to meet graduation requirements by the end of their 7th semester in high school may apply for early graduation at the end of that semester. Students who are approved to graduate at the end of their 7th semester shall be awarded all honors and/or recognitions due them as part of the graduating class of that academic school year, including the privilege of walking in the graduate line at the following spring’s commencement exercises (barring other disqualifying factors) and being named in the list of Honor Graduates, if applicable.

V. GRADUATION HONORS

A. Honor Graduates: Falls Lake Academy graduates shall be named Honor Graduates in three categories: Cum Laude graduates, Magna Cum Laude graduates, and Summa Cum Laude graduates. GPA standards for each of the three categories shall be set and periodically reviewed by the Board upon the recommendation of the chief FLA administrator as those standards evolve in North Carolina and surrounding counties. Determination of Honor Graduate status each year shall be determined by the students’ cumulative weighted GPAs. Honor graduates shall be identified in the graduation line by specific regalia insignia corresponding to each category.

B. Valedictorian and Salutatorian: The students ranked #1 and #2 in each graduating class, respective- ly, shall be named Valedictorian and Salutatorian. Both shall be afforded the privilege, barring other disqualifying factors, to speak at Commencement. The ranking of students to determine who will be named Valedictorian and Salutatorian shall be determined by the students’ cumulative weighted GPAs.

C. Additional Honors: Graduates shall be recognized and awarded honors each year for the widest possible range of academic and other significant achievements as approved by the Board upon recommendation of the chief FLA administrator. Such recognition includes, but is not necessarily limited to, such things as the North Carolina Academic Scholars’ seal, the International Baccalaureate and/or Advanced Placement program diplomas, and individual FLA awards. Medals, pins, and other award insignia relating to these awards may be worn on the students’ graduation attire as appropriate.

VI. JUNIOR MARSHALLS

The top 10 ranked students in each year’s Junior class shall be invited to serve as Marshalls at Commencement Exercises for that year, barring other disqualifying factors.


ADOPTED 04-23-2013

REVISED 12-17-2013

REVISED 6-26-2018

4.2300 ADMISSIONS AND ENROLLMENT

Legal references: P.L. 100-77 (1987) G.S. 115C-366(a4) G.S. 115C Part 6A: 115C—238.29 G.S. 130A-154(b); 130A-441

Cross References: Standards for Vision Screening, Governor’s Commission on Early Childhood Vision Care

4.2000 Attendance 4.2305 WAITLIST CALL-UPS 4.2310 ENROLLMENT CONFIRMATION: STUDENT DAY #1 4.3600 Code of Student Conduct

The Board of Directors requires that all students meet the eligibility requirements of the State of North Carolina and of Falls Lake Academy as outlined in this and related policies. Only students who meet these requirements and are properly admitted thereby will be allowed to enroll at Falls Lake Academy.

I. ELIGIBILITY FOR ADMISSION

A. Age requirements

1) Entitlement to Initial Entry: A child who is presented for enrollment at any time during the first twenty (20) days of a school year will be considered eligible for initial admittance if any of the following circumstances are true and applicable:

- The child reaches or reached the age of five (5) on or before August 31 of that school

year. - The child did not reach the age of five (5) on or before August 31 of that school year, but resided in another state and was attending school during that school year in accordance with that state's laws or rules prior to moving to North Carolina. - The child did not reach the age of five on or before August 31 of that school year, but

resided in another state and would be eligible to attend school during that school year in that state in accordance with the laws or rules of that state, and if all of the following are true:

a) the child’s parent or legal guardian is a legal resident of North Carolina

who is a member of the uniformed services assigned to a duty station in another state; and b) the child’s parent or legal guardian is the sole legal custodian of the

child; and c) the child’s parent or legal guardian is deployed for duty away from the permanent duty station and the child resides with an adult who is domiciled within a local school administrative unit in North Carolina as a result of the parent’s deployment.

Individual exceptions to the minimum age requirement for enrollment based on psychological and/or academic testing must be approved by the Board through parental petition to and subsequent recommendation by the Principal.

1

2) Upper age limit: Students who have reached or who will reach their 21st birthday before the end of the upcoming school year are not eligible for admittance.

3) Evidence of Age: The principal shall require the parent or guardian of any child presented for admittance for the first time to furnish a certified copy of the child's birth certificate. The Falls Lake Academy Principal is required to refuse admittance to any child whose parent or guardian does not present a birth certificate or other satisfactory evidence of birth within thirty days of initial enrollment.

B. Immunization requirements

1) Within 30 days of their initial enrollment date, all enrolled students must show evidence of immunization against all applicable diseases as required by state law or regulation. Such evidence must be shown in the form of a certificate furnished by a licensed physician or other licensed and approved health care provider, or by the public health department.

2) Extensions of time: The Principal is required to refuse admittance to any child whose parent or guardian does not present a medical certification of proper immunizations within thirty days of initial enrollment. However: if the administration of a vaccine requires more than thirty calendar days to complete, upon certification of this fact by a physician, additional days may be allowed in order to obtain the required immunizations. The Principal is authorized by the Board in these situations to determine a reasonable extension before denying the child continued attendance pursuant to a recommendation to the Board to rescind the child’s admittance.

3) Out-of-state immunizations: A student who receives immunizations in a state other than North Carolina must present an official certificate that meets the immunizations requirements of NC G.S. 130A-154(b).

4) Exceptions to the immunization requirement are made only for religious reasons allowed by state law or for medical reasons approved by a physician.

5) Kindergarten Health Assessment: No child shall attend kindergarten at Falls Lake Academy unless a health assessment transmittal form, developed pursuant to G.S. 130A-441, is presented to the Principal.

- Assessment requirements: The assessment must include:

a) medical history, b) physical examination with screening for vision and hearing, and c) if appropriate, testing for anemia and tuberculosis.

- Time limits: The health assessment must be conducted no more than twelve months prior to the date of initial enrollment. If a child enters the first grade without having been enrolled in a kindergarten program requiring a vision screening, the screening is required at that point. Children who receive and fail to pass the required vision screening must obtain a comprehensive eye exam conducted by a duly licensed optometrist or ophthalmologist. The provider of the exam must present to the parent a signed transmittal form, which the parent must submit to the Principal.

- Vision screening compliance: Vision screening must comply with the standards adopted by the Governor’s Commission on Early Childhood Vision Care.

- Deadline: The completed health assessment transmittal form must be presented to the Principal on or before the childʼs first day of attendance. If a health assessment transmittal

2

form is not presented on or before the first day, the Principal shall present a notice of deficiency to the parent or guardian. The parent or guardian shall then have 30 calendar days from the first day of attendance to present the required health assessment transmittal form for the child. Upon completion of the 30th day following initial enrollment, if the health assessment transmittal form has not been presented, the Principal shall not permit the child to attend Falls Lake Academy until the required health assessment transmittal form has been presented.

C. Domiciliary requirements: all students must meet North Carolina domiciliary requirements.

1) Definition: The term “domicile” refers to a person’s permanent home, rather than a “residence,” which can mean any address where people stay temporarily while away from home.

- Regular Domicile of Students: The domicile of a student under 18 years of age is legally presumed to be the domicile of his or her parent(s) or legal guardian(s) as defined by the General Statutes of North Carolina.

- Domicile of Emancipated Students: Students who are at least 18 years of age, married, or abandoned by their parents, or if declared by the court to be emancipated, may establish legal domicile independent of their parent(s) or legal guardian(s). Students who establish North Carolina domicile as a result of being emancipated will be entitled to the same rights and privileges of other students domiciled in North Carolina.

- Domicile of Students with Divorced or Separated Parents: If both parents or guardians are domiciled within the State of North Carolina, either domicile is acceptable as the student’s domicile of record. If one parent or guardian is domiciled outside the State of North Carolina, the student’s legal domicile for the purpose of school attendance will be determined by the following criteria:

a) If legal custody has been granted to only one parent, the student's domicile follows that of the parent who has been granted legal custody. b) If legal custody has not been determined or has been granted jointly to both

parents, the parents or must jointly agree on which residence will be used to determine the child's domicile. c) A student whose legally-declared custodial parent is domiciled outside the State of North Carolina but whose other biological or adoptive parent is domiciled within the State of North Carolina is eligible to attend Falls Lake Academy if both parents agree. d) In the event a student’s legal domiciliary status cannot be established to the

satisfaction of the Falls Lake Academy Principal according to the criteria set forth in this policy, and if the parents cannot agree on which residence will be used to determine the child's domicile for school attendance purposes, the residence of the parent with physical custody of the child at the beginning of the school year will prevail.

2) Students Who Must Meet Residence Requirements But Not Domiciliary Requirements: Students who meet all other requirements for admittance and who are selected for enrollment through the Falls Lake Academy enrollment lottery process but who do not meet domiciliary requirements for the following reasons will be admitted:

- Homeless Children: In accordance with the Homeless Assistance Act, P.L. 100-77 (1987) and the North Carolina State Plan for Educating Homeless Children, homeless children who meet all other requirements for admission and are selected for enrollment

3

through the Falls Lake Academy enrollment lottery process will be admitted. Homeless children and youth are those who meet one or more of the following criteria:

a) Live with another person or family due to loss of housing, economic hardship, or

a similar reason. b) Lack a fixed, regular and adequate residence. c) Have a primary nighttime residence that is:

- a supervised publicly or privately operated shelter designed to provide

temporary living accommodations; or - a public or private place not designated for or ordinarily used as a regular

sleeping accommodation for human beings ( such as a motel, hotel, transient trailer park, car, park, public space, abandoned building, substandard housing, bus or train station, or camping grounds). d) Stay in an emergency, transitional or domestic violence shelter. e) Are abandoned in hospitals. f) Are awaiting foster care placement.

- Children in Custodial Homes: Children who reside in non-adjudicated group homes, foster homes, or other similar facilities.

- Children who reside with non-custodial adults: Children who reside with non-parental, non-custodial adults as a result of any of the following:

a) Death, serious illness, or incarceration of the child’s parent or legal guardian. b) Abandonment by the child’s parent or legal guardian of the complete control of

the student as evidenced by the failure to provide substantial financial support and parental guidance. c) Abuse or neglect of the child by the parent or legal guardian. d) The physical or mental condition of the parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child. e) Loss of habitability of the student's home as the result of a natural disaster.

In order to be admitted under this provision, the student cannot be currently under a term of suspension or expulsion from a school for conduct that could have led to suspension or expulsion from Falls Lake Academy.

- Children in the custody of the Department of Social Services

3) Discretionary Admission: The Board of Directors may approve or deny requests for admission to Falls Lake Academy by all non-domiciled students who do not meet any of the exceptions listed herein, but who are otherwise eligible for admission and who are selected for enrollment through the Falls Lake Academy enrollment lottery process. A non-domiciled student may be admitted and enrolled at the discretion of the Board only if there are compelling, specific circumstances indicating that the student should be allowed to do so.

4) Evidence: The Falls Lake Academy Principal is required to refuse admittance to any child whose parent or guardian does not present evidence of the child’s legal domiciliary status according to the criteria set forth in this policy upon initial enrollment.

D. Transfer requirements

1) Non-Suspension/Expulsion Affidavit: North Carolina G.S. 115C-366(a4) states that when a student attempts to transfer into a new school, the Board MUST require the student’s parent(s) or guardian(s) to provide a statement made under oath or affirmation before a qualified official,

4

indicating whether the student is, at the time, under suspension or exclusion from attending a private or public school in North Carolina or any other state, or has been convicted of a felony in North Carolina or any other state. This requirement does not apply to students who have never attended or been enrolled in a public or private school in North Carolina or any other state. Therefore, students enrolling in kindergarten for the first time are not subject to this requirement.

2) Student Records: Students transferring into Falls Lake Academy must furnish a transcript and other student record data, including evidence of compliance with the North Carolina immunization and domiciliary requirements.

II. APPLICATIONS

The parent(s) or guardian(s) of all students seeking initial admittance are required to submit a completed application.

A. Application submissions: The Board shall make provision for student applications to be submitted either electronically or by traditional mailing of paper copies, at the discretion of the parents submitting the applications.

B. Application acceptance window: The Board of Directors shall establish, declare, and publish the timetable for receipt of applications for initial admittance of new students each year for the following school year. During that period of time each year, the Board shall receive completed applications for the number of openings in each grade level anticipated for the following school year. The parent(s) or guardian(s) of all potential students must submit a completed student application form during the declared application acceptance window in the spring prior to each potential student’s anticipated initial enrollment. Applications must be received by the stated deadline on the published last day of the acceptance window each year in order to be considered for that year’s lottery. Applications received after this deadline will be eligible for any admission slots remaining after the lottery. If no open slots exist following the lottery, those applicants will be placed on the waiting list.

C. Lottery number assignment: The Board shall assign numbers to all applications received which reflect the grade level for which the application is submitted. Alternately, the Board may elect to contract with an outside agency to accept applications and assign numbers, at its sole discretion. All applications will be assigned a number; the eligibility of students will not be determined or confirmed until after the lottery is held and each applicant’s position in the admissions queue is determined.

D. Multiple-birth siblings: Students who are multiple birth siblings (twins, triplets, etc.) must each complete a separate application.

1) Only one multiple-birth sibling’s application will be entered in the lottery. If that application is

selected for admission, that sibling's twin, triplets, etc. will also be admitted, even if admission of the chosen applicant’s sibling(s) puts the grade level(s) in question over the enrollment cap.

2) If multiple-birth sibling applicants are applying for initial admission into different grade levels,

the applicants’ parent(s) or guardian(s) must choose and designate which of the siblings’ applications will be entered into the lottery. If that application is selected for admission, all siblings will be admitted, even into different grade levels and even if their admission exceeds the enrollment cap. If that application is not selected for admission, all siblings will be placed on the waiting list.

5

3) If an opening occurs during the first semester of a school year and the next student on the

waiting list is a multiple-birth sibling whose sibling(s) also applied, all multiple-birth siblings shall be admitted, even if it causes one or more grade-level enrollment caps to be exceeded.

E. Re-application: Applications are good for one school year only. Students who are not admitted in any given year must re-apply for initial admission in each subsequent year until they are selected for admission or until they abandon their pursuit of admission to Falls Lake Academy.

III. LOTTERY

Enrollment totals for each grade level are capped in accordance with the terms of the Falls Lake Academy charter. When the number of student applications for any grade level exceeds the number of openings in that grade level for the following school year, an admissions lottery shall be held to determine the order in which student applicants will be admitted.

A. Lottery administration: The Board may elect to either administer the lottery themselves or contract with an outside agency to administer the lottery, at its sole discretion.

B. All applications included: Every application submitted by the published application deadline in any given year shall be included in the lottery for anticipated openings in the designated grade level during the following school year.

C. Lottery procedures:

1) Students must reside within the State of North Carolina at the time of application.

2) All students must apply for the grade level they plan to enter in the following school year. Students may submit only one application each year.

3) The lottery shall be open to the public. Neither student applicants nor their parent(s) or guardian(s) need be present in order to be accepted for admission.

4) Students shall be placed on the admissions queue in the order in which their application numbers are selected for their indicated initial enrollment grade levels. Once the enrollment cap for each grade level is reached, all students whose application numbers are selected from that point forward are placed on the waiting list.

5) Parent(s) / guardian(s) of those students selected for admission in the lottery will be notified by e-mail as soon as practically possible following the close of the lottery.

IV. ADMISSIONS

A. Preferential admissions:

1) Children of Falls Lake Academy full-time employees or board members are admitted, so long as the total number of staff students does not exceed 15% of the school’s total enrollment.regardless of impact on the enrollment cap for those grade levels in which they are admitted. Open enrollment slots in each grade level are filled first from those students entered into the employee/board of director lottery before students in the general lottery are admitted.

6

2) Board of Directors’ children receive preferential admission for the first, inaugural school

year only.

3) Siblings of previously-enrolled returning students who meet eligibility requirements under

Board policy 4.2300 are entered into a “sibling lottery” for preferential admissions if open enrollment slots in their respective grade levels exist. Open enrollment slots in each grade level are filled first from those students entered into the sibling lottery before students in the general lottery are admitted.

4. Legacy students – defined as the younger siblings of FLA graduates – are eligible for prefer- ential enrollment in the same manner as the siblings of currently-enrolled (see #3 above) students as long as the FLA graduate completed four years of enrollment at FLA.

5. Returning students: Once admitted and enrolled, returning students are not required to re-

apply. Their enrollment slots are secure for each successive year for as long as they remain students in good standing and choose to return.

6. Opportunity students – defined as those FLA students who leave in order to pursue advanced

academic or other unique opportunities (such as study and/or travel abroad, selection for NCSSM or NCSA, etc.) are eligible for preferential re-enrollment upon their return to FLA as though they had maintained continuous enrollment as per #5 above.

B. Admissions order: Students will be admitted according to their position on the admissions queue following the lottery (see Board policies #4.2305, WAITLIST CALL-UPS, and #4.2310, ENROLLMENT CONFIRMATION – STUDENT DAY #1). If there are fewer applicants than slots available in any grade level, all applicants for initial enrollment in that grade level that year will be admitted.

C. Waiting list: Students will be admitted in order from the waiting list as positions come available through the end of the first semester quarter of the school year for which they applied for initial enrollment.

D. Admissions period: Admissions for each school year shall be closed at the end of the last day of the first semester quarter unless otherwise determined by the board of directors.

V. ENROLLMENT

A. Eligibility: In order to enroll, all students must be properly admitted as per the provisions of this policy.

B. Enrollment contract: Parents of students who are selected for admission will be notified via e-mail (or phone, if no e-mail addresses are available). Such notification shall include a letter outlining the terms of enrollment and an Enrollment Contract, which must be signed, dated, and returned by the student’s parent(s) or legal guardian(s) by the deadline date indicated in the acceptance letter.

1) Enrollment Contracts returned unsigned, undated, and/or improperly signed and/or dated will be considered rejected by the admitted student and his/her parent(s) or guardian(s), and those enrollment slots will be offered to the next students on the waiting list.

2) The Board shall make all reasonable efforts to contact the parent(s) or guardian(s) of admitted students whose properly signed and dated Enrollment Contracts are not returned by the stated deadline in accordance with the procedures outlined in Board policy #4.2305, WAITLIST CALL- UPS and #4.2310, ENROLLMENT CONFIRMATION: STUDENT DAY #1.

7

C. Enrollment intake: Falls Lake Academy shall hold an Enrollment Intake session at or around the beginning of each school year. Attendance at this session shall be mandatory for all newly-admitted students and their parent(s) or guardian(s) unless their absence is approved in advance by the FLA Principal.

D. Enrollment deadline: Admitted students must be enrolled in membership at Falls Lake Academy by the end of the tenth school day each year or their admittance will be rescinded and their enrollment slot will be offered to the next student on the waiting list for that grade level. Students who experience unusual and/or unexpected hardship with respect to this requirement may seek advance approval from the FLA Principal to enroll in membership after the tenth day. In such cases, the Principal has the authority to approve the request for a delay in enrollment. If, in the opinion of the Principal, the request for delayed enrollment should be denied, the Principal shall seek approval from the Board members by individual-contact polling vote on whether or not to rescind the student’s admittance and open his/her slot to the next student on the waiting list for that grade level.

E. Continuing enrollment: Enrolled students maintain continuing enrollment unless they officially withdraw from Falls Lake Academy or their admittance is rescinded by action of the Board of Directors upon recommendation of the Principal. Admittance may be rescinded for:

1) Attendance reasons: see Board Policy 4.2000 ATTENDANCE.

2) Disciplinary reasons: see Board Policy 4.3600 CODE OF STUDENT CONDUCT.

3) Fraudulence: If evidence of fraudulence on the part of the student or his/her parent(s) or guardian(s) in the application, admissions, and/or enrollment process is discovered, the Principal shall investigate. The results of his/her investigation shall be submitted to the Board of Directors, who shall deliberate and determine whether or not to rescind the student’s admittance.

F. Voluntary suspension of continuing enrollment: Students whose parent(s) or guardian(s) seek and secure approval of the Principal to withdraw the student from membership and/or lay out of active membership for a period of time will be permitted to re-enroll without re-applying when the agreed-upon period of time has concluded. In such cases, all the following apply:

1) The student and his/her parent(s) or guardian(s) must present a clear and compelling reason for the suspension of continuing enrollment, such that the Principal is obliged to agree.

2) The suspension of continuing enrollment must be strictly voluntary, with no connection to any action of the Board of Directors or the Principal (or his/her designee) with regard to provisions E1, E2, and/or E3 above.

3) If the student does not re-enroll by the agreed-upon deadline, the Principal shall seek approval from the Board members by individual-contact polling vote on whether or not to rescind the student’s admittance and open his/her slot to the next student on the waiting list for that grade level. 8


ADOPTED 02-18-2014

Revised 06-17-2014

4.2000 ATTENDANCE

Legal References: G.S. 115C-47, -84.2, -288(a), -378 through -383, -407.5

16 N.C.A.C. 6E .0101–0103 State Board of Education Policy TCS-L-001, TCS-L-002

Cross References: 3.8100 PROMOTION AND RETENTION

3.8105 PROMOTION APPEALS 3.8110 SUMMER RECOVERY

The Board believes that regular attendance in school and participation in class are integral parts of academic achievement and the teaching-learning process. Regular attendance develops patterns of behavior essential to professional and personal success in life. Regular attendance by every student is mandatory. The State of North Carolina requires that every child in the State between the ages of seven (or younger if enrolled in school) and sixteen attend school. Parents, legal custodians and legal guardians are responsible for ensuring that students attend and remain at school daily.

I. ATTENDANCE RECORDS

School officials shall keep an accurate record of attendance, including accurate attendance records in each class. Specifically, classroom teachers shall keep accurate daily attendance rosters, including providing specific coding instructions for substitute teachers, and report the attendance of each student to the principal or his/her designee each day. Attendance records will be used to enforce the Compulsory Attendance Law of North Carolina.

II. ATTENDANCE DEFINED / SCHOOL-RELATED ACTIVITIES DEFINED

A. Attendance defined: To be considered “in attendance,” a student shall be present at his/her assigned place in the school or at an assigned place other than the school with the approval of the Principal to attend an authorized school-related activity.

B. School-related activities defined. The following are considered school-related activities and shall not be counted as absences from either class or school:

1. Field trips sponsored by the school 2. School-initiated and scheduled activities that are approved as school-sponsored activities 3. Athletic and other approved student competition or adjudicated festival-style events 4. Approved job-shadowing opportunities 5. Special educational opportunities approved by the Principal, including (but not limited to)

service as a Governor’s or legislative page, scholarship competitions and interviews, individual academically-related invitation and/or competition events, etc. 6. In-school discipline and in-school suspension

All classroom activities are important and difficult, if not impossible, to replace if missed. Principals shall ensure that classes missed by students due to school-related activities are kept to a reasonable minimum.

1

III. EXCUSED vs. UNEXCUSED ABSENCES and TARDIES

Absences from school or from class, as well as tardies to school or to class, fall into two categories: excused or unexcused. All absences from school or from class and all tardies are initially recorded as “unexcused” unless and until the school receives a parent’s note following the absence or tardy indicating the reason for the absence or tardy. The Principal or his/her designee is authorized to approve changing the initial “unexcused” designation for a student’s absence or tardy to “excused” for any of the following reasons:

a) Personal illness or injury that prevents the student from being physically able to attend school

or class, or to get there on time (* extended illness) b) Quarantine or other isolation ordered by the local health officer or State Board of Health (*) c) Death of a member of the student’s immediate family d) Medical or dental appointment (*) e) Subpoena to appear as a witness in the proceedings of a court or administrative proceeding f) Religious observance of an event required or suggested by the student's or student's parents'

religion (requires signed parent statement affirming religious affiliation) g) Participation in a valid educational opportunity with the Principal’s prior approval h) Student’s pregnancy-related conditions or parenting, when medically necessary (*) i) Any other absence or tardy specifically approved by the Principal

(*) Statement from a physician generally required

In addition, a student whose parent, legal custodian, or legal guardian is member of the uniformed armed services on active duty and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting will be granted additional excused absences at the discretion of the Principal to visit with that parent, legal custodian, or legal guardian.

IV. EXCESSIVE ABSENCES and TARDIES

Parents shall be informed periodically about the status of their children’s attendance. In addition, the Board reaffirms that class attendance and participation are critical elements of the educational process and will be taken into account in assessing academic achievement and grade promotion. Specifically:

1. Parents shall be informed when their children have accumulated 3, 6, 10, and 15

unexcused absences and/or tardies from school and/or from any individual class. 2. Upon the occasion of a student’s 10th unexcused absence, the parent(s)/guardian(s) of the

student will be called in for a conference with the Principal or his/her designee in which the school administration shall seek to establish a plan to eliminate further unexcused absences. Such plans may, at the Principal’s discretion, include the assignment of the student to after-school, Saturday, or other outside-school-hours mandatory “attendance buy-back” opportunities. Eventually, if that plan does not work, and/or not earlier than the occasion of the 15th unexcused absence, the parent(s)/guardian(s) may be referred to the district attorney of the county in which they are domiciled for failure to comply with the NC Compulsory Attendance Law. 3. Students shall be subject to escalating disciplinary actions and penalties, possibly including but not limited to those described in IV2 above, when they exceed 3 unexcused tardies (and thereafter) to school or to any individual class. 4. Students shall be retained in their current grade levels, non-promoted to the next grade, when

they exceed 15 unexcused absences from school, regardless of their academic grade. 5. In the case of high school courses, students shall be denied credit for the course when they

exceed 8 unexcused absences, regardless of their academic grade.

2

6. When all other attempts to alleviate a student’s chronic unexcused truancy (defined as unexcused absences and/or tardies to class or to school) have failed, the Principal may recommend to the Board the permanent expulsion of the student from Falls Lake Academy on the basis of repeated insubordination and/or non-compliance with the NC Compulsory Attendance Law, which shall be considered a deliberate surrender of the student’s enrollment slot by the student’s parent(s).

V. PROMOTION APPEALS

Students who are non-promoted or who are denied course credit due to excessive absences may appeal their grade retentions and/or denial of course credit by submitting a written appeal including documenta- tion specific to all or some of their absences which indicates that those absences should have been designated “excused” as per item #III above. If the Appeals Committee does not overturn the retention and/or loss of course credit, the student may attend Summer Recovery (with satisfactory academic participation) to make up the lost time toward promotion and/or awarding of course credit. [See Board policies 3.8105 and 3.8110.]


ADOPTED 12-17-2013

 Revised 10-7-2014

 4.2305 WAITLIST CALL-UPS

Cross Reference: 4.2300 ADMISSIONS AND ENROLLMENT

4.2310 ENROLLMENT CONFIRMATION: STUDENT DAY #1

Following the administration of each year’s annual Enrollment Lottery, the Board shall release the results to the lottery applicants specifying which students are being accepted in the initial enrollment cohort and which are being placed on the graded waitlist. Students shall be admitted in accordance with Board policy 4.2300, ADMISSIONS AND ENROLLMENT, at this time. Waitlisted students shall be admitted (“called up”) according to the following procedure:

1. Until the calendar date of two weeks prior to the first day of school, parents of students being called up from the waitlist shall be contacted via e-mail (if one or more e-mail addresses has been provided, or by phone if not) and clearly notified that they have a five-day deadline from the date of notification by which acceptance of the Board’s invitation to enroll in FLA must be received. Parents of students that do not contact FLA to indicate their acceptance of the invitation to enroll by the five-day deadline shall be contacted via the phone number provided on the application with a warning that their acceptance or declination of the Board’s offer to enroll must be received within 48 hours of the time the phone call was made. Those who accept the Board’s invitation to enroll will be enrolled as if they had met the enrollment deadline in the first place. Those who do not respond within the designated deadlines will be notified by e-mail (or phone, if no valid e-mail address is available) that their enrollment slot has been forfeited and the next student on the waitlist, in each case herein, shall be offered the enrollment slot.

2. On the day following the calendar date of two weeks prior to the first day of school, the process and deadlines shall change. Parents of students being called up from the waitlist at this point shall be contacted via phone, or by email if phone contact cannot be established. Once notified, parents shall have 48 hours to accept or decline the invitation to enroll in FLA. Those who do not respond within the 48 hour deadline will be notified by e-mail (or phone, if no valid e-mail address is available) that their enrollment slot has been forfeited and the next student on the waitlist, in each case herein, shall be offered the enrollment slot. This process shall be followed whenever any current enrollment slots open up throughout the first semester of each school year. No students shall be called up from the waitlist past the end of the first semester of the school year.


ADOPTED 7-16-2013

4.2310 ENROLLMENT CONFIRMATION: STUDENT DAY #1

Cross Reference: 4.2300 ADMISSIONS AND ENROLLMENT

4.2305 WAITLIST CALL-UPS

With respect to the procedure for notifying and confirming enrollment as outlined in Board policy 4.2300 ADMISSIONS AND ENROLLMENT and 4.2305 WAITLIST CALL-UPS, the Principal and the Board chair or his/her designee(s) shall meet on the first student day of each year (“student day #1”) after attendance has been taken to confirm the first-day enrollment figures. The parent(s) of all admitted students who are not present, not including any students who have arranged in advance to enroll later than student day #1, shall be contacted by telephone to confirm enrollment. The approved admission status of those students whose enrollment cannot be confirmed at that time shall be withdrawn, and the parent(s) of the next student on the waitlist for that grade shall be contacted and extended an invitation to enroll that student.

This action shall be repeated throughout the remainder of student day #1 – and into the evening and the following day(s), if necessary – until the full complement of students for each grade level has been admitted and enrolled or the waitlist for that grade level has been exhausted.

In order to take advantage of this late admission and invitation to enroll, a student must be in attendance on the student day following the day of his/her parents’ contact.


ADOPTED 08-13-2013

4.3010 STUDENTS WALKING HOME

Cross Reference: 1.5100-4.3000-7.2700 SCHOOL SAFETY

The Board takes its responsibility seriously to provide for student safety. Consequently, the Board specifically discourages parents from allowing their younger children to leave campus at the end of the day on their own or in the company of older siblings and/or other students, bound for home by foot. Because of the high volume of vehicular traffic in and around the campus at the time of day when school dismisses, the Board cannot guarantee the safety of any student who leaves the campus on foot.

Having made its position clear in this policy statement, the Board also recognizes that its authority extends only so far, and that it cannot mandate compliance with any degree of actual effectiveness. To that end, the Board instructs the chief FLA administrator to develop and disseminate a waiver form making the Board’s position clear, absolving the Board from responsibility, and holding the Board, the Corporation, the school, and all school personnel harmless in the event of an accident involving a student released to walk home according to his/her parents’ wishes.


ADOPTED 03-26-2013

Revised 06-17-2014

Revised 05-05-2015

4.3600 CODE OF STUDENT CONDUCT

Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d-2000d7

Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 Gun-Free Schools Act of 1994, 20 U.S.C. § 8921 Equal Employment Opportunity Commission's "Final Amendment Guidelines on

Discrimination Because of Sex" G.S. 14-33, -35, -36, -60, -67, -69.1 - 69.2, -132, -132.2, -134, -269.2, -284.1, -288.4 G.S. 115C -36, -45, -47, -112, - 288(g), -307, -390, -391, -392 G.S. 18B-300 to 302 NCHSAA By-laws

Cross References 3.6140-4.2050 TECHNOLOGY ACCEPTABLE USE AND INTERNET SAFETY -- STUDENTS

I. DEFINITIONS AND TERMS

A. School: Falls Lake Academy (“FLA”).

B. Board: Falls Lake Academy Board of Directors.

C. Parent: Biological or adoptive parent(s) and/or custodial step-parent(s), legal guardian(s), legal custodian, or other caregiver adult(s) who is/are acting in the place of a parent and is/are entitled to enroll a student at Falls Lake Academy pursuant to Article 25 of N.C.G.S. 115C.

D. School employee(s): Any and all school employees, authorized volunteers, student teachers, substitute teachers, non-faculty coaches, sports officials, all persons authorized to have authority and control over a student, any person working on school grounds or at a school function under a contract or written agreement with Falls Lake Academy to provide educational or related services to students, and/or any person working on school grounds or at a school function for another agency providing educational or related services to students.

E. School property: Any and all premises, facility or property -- real or personal -- which is owned, leased, used, operated or provided by Falls Lake Academy.

II. APPLICATION

A. Unless otherwise specified, this Code of Student Conduct shall apply to all students enrolled in Falls Lake Academy as follows:

1) at all times before, during and after school hours while on any school property;

2) at all times before, during and after school hours while on any motor vehicle owned, leased, used, operated or provided by Falls Lake Academy for transportation of students to and from school or school activities or events;

3) at all times before, during and after school hours at and during any and all school-related events, functions, field trips, and any function or activity sponsored or conducted by Falls Lake Academy or in which Falls Lake Academy is involved or participating regardless of the location of the event, function or activity;

1

4) at all times before, during and after school hours during any period of time when students are subject to the authority of school personnel; and

5) at all times before, during and after school hours while not on school property, provided the student’s behavior violates this Code of Student Conduct and the conduct has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the school or the safety of individuals in the school environment.

B. All FLA teachers shall develop their own classroom plans which clearly state classroom academic and behavioral standards, rewards for positive behavior, and consequences for negative behavior.

C. All students shall comply with all policies, laws, rules and regulations governing student behavior and conduct and all directives and rules issued or imposed by teachers, administrators, and other authorized school employees.

D. Any student who refuses to comply with Board policies, rules or regulations, the Code of Student Conduct, directives and/or rules issued and/or imposed by teachers, administrators and/or other authorized school employees, or the North Carolina General Statutes, shall be held in violation of this Code of Student Conduct. Such violations may result in disciplinary consequences as outlined in this policy under Sections III and IV.

E. As provided for in NC state law, the Principal shall have the authority to impose disciplinary actions upon students pursuant to this Code of Student Conduct. The Principal also has the authority to modify the disciplinary consequences for infractions when, in his/her opinion, the facts and circumstances justify a less or more severe penalty. This policy does not prohibit the Principal from considering the student’s intent, disciplinary and academic history, the potential benefits to the student of alternatives to suspension, or other mitigating or aggravating factors when deciding whether to recommend or impose long-term suspension.

F. While this policy attempts to address inappropriate student conduct, the FLA Board of Directors recognizes that all inappropriate behaviors cannot be defined within the context of these sections. Therefore, the FLA Board of Directors delegates to the FLA Principal the authority to determine the appropriate discipline and consequences for inappropriate behaviors not specifically addressed in this policy and for student violations of other Falls Lake Academy policies.

III. OPTIONS FOR EFFECTIVE DISCIPLINE AND STUDENT CONTROL

When corrective actions are necessary, the following options are available to those authorized to discipline or control students. This list is not intended to restrict in any way the authority of the Principal or teachers to discipline and control students in a manner consistent with Board policies. The Board encourages and supports the right of school employees to employ a variety of control techniques and disciplinary actions with respect to students including, but not limited to, the following:

A. Reasonable Force: School employees may use physical restraint only in accordance with NC G.S. 115C-391.1. School employees may use reasonable force to control behavior or to remove a person from a scene in those situations when necessary for any of the following reasons:

1) To correct students. 2) To quell a disturbance threatening injury to others. 3) To obtain possession of a weapon or other dangerous object on the person or within the

control of a student. 4) For self-defense.

2

5) For the protection of persons or property. 6) To maintain order on educational property, in the classroom, or at a school-related activity on

or off educational property.

B. Searches of Students, Student's Property, Student Lockers and Student Desks:

1) Student lockers and desks are the property of Falls Lake Academy and may be searched or inspected at any time without prior notice to or consent of the student or his/her parents and without a search warrant. While students may store necessary classroom tools and materials as well as personal items in their assigned lockers and desks, students shall not place any item or substance that is prohibited on school premises in any desk or locker.

2) The Principal or his/her designee may search a student’s person, possessions (such as a purse, book bag, gym bag, electronic device) or motor vehicle if reasonable grounds exist for suspecting the search will turn up evidence that the student has violated or is violating either the law or the policies, regulation or rules of the Board or the school. A search will be permissible in its scope when the manner in which the search is conducted is reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and sex and nature of the infraction.

3) Reasonable suspicion may be based on information provided by a confidential informant, circumstantial evidence, and/or the administrator’s “common-sense conclusions about human behavior” upon which “practical people,” including government officials, are entitled to rely in making decisions.

4) Anything seen by a school employee in plain view, including items in plain view inside a student’s vehicle, may be used as evidence to discipline, suspend or expel a student. Otherwise, the Principal or his/her designee needs reasonable suspicion to search a student's person, motor vehicle or possessions.

5) If any school employee has any reason to suspect a bomb or firearm is on the premises and students are at risk of serious bodily injury or death, the Principal or his/her designee may conduct a complete search of the school as well as student vehicles and student possessions for any weapon, bomb or other explosive device.

6) The use of trained drug or bomb sniffing dogs to detect the presence of a controlled substance or explosives in a student’s desk, locker, vehicle or personal possessions is acceptable. If a dog “hits” on an item, such a “hit” constitutes reasonable suspicion that the item contains a controlled substance or explosive and the item may be searched.

C. Corporal Punishment: Corporal punishment may not be used by any school employee under any circumstances at Falls Lake Academy.

D. In-school discipline (ISD): Any and all disciplinary measures imposed on a student during school hours or on school property are considered examples of ISD and are subject to the provisions of this part of the Code of Student Conduct. Students shall be supervised at all times during any period of ISD. Types of ISD include, but are not limited to, the following:

1) Warning issued to a student by a school employee gives verbal or written notice that the student’s behavior has violated a board policy or school rule or regulation and that future violations may result in disciplinary measures.

3

2) Conference with the Principal or his/her designee regarding the student’s behavior or violation of the Code of Student Conduct may be conducted in conjunction with or in lieu of other disciplinary actions.

3) Parent Conferences may be called by a school employee with the approval of the Principal or his/her designee to discuss a student’s behavior as per the Code of Student Conduct. The school employee who calls the conference must make reasonable efforts to accommodate restrictions in the parent(s)’ accessibility to schedule the conference and parents must make every possible effort to attend called conferences.

4) Timeout or Lunch Detention (or the equivalent) is the separation of a student from other students for a period of time less than one class period to a monitored setting on school property, or the removal of a student from his or her assigned classroom or activity to another designated monitored setting on school property for a period of time less than one class period. Timeout or Lunch Detention may be assigned by the Principal or his/her designee or by other school employees, provided that the student is allowed to eat his/her lunch during the period of assigned lunch detention if such period of time encompasses the student’s regular lunch time.

5) School Service may be assigned by the Principal or his/her designee for a period of time in lieu of or in conjunction with other disciplinary measures. If the student does not complete the assigned school service within the assigned time period, other – presumably stricter – disciplinary measures appropriate to the original violation will be imposed.

6) Mandatory Restitution may be imposed by the Principal or his/her designee, requiring a student who removed, took, stole, secreted, lost, destroyed or damaged the real or personal property of another person or entity to give back, return, reimburse the cost of, or reimburse for damages to the property in question. An administrator may also require restitution by a student if the student's behavior directly resulted in or was a proximate cause of the property of another person or entity being removed, taken, stolen, secreted, lost, destroyed or damaged.

7) Confiscation of any item of personal property from a student when such personal property is, in the discretion of a school employee, potentially dangerous, used inappropriately, prohibited, or relates to any investigation by the Board or its employees is authorized.

8) Loss of Privileges may be imposed for a specified period of time by the Principal or his/her designee, including participation in school activities (including interscholastic athletics, clubs, and all extracurricular activities), driving and/or parking privileges, or any other privileges previously proffered.

[NOTE: NC High School Athletic Association by-laws provide that any student who is convicted of a felony or who is an adjudicated delinquent for an offense that would be a felony if committed by an adult is NOT eligible to participate in any school-sponsored sports program, even if such conviction or adjudication occurs completely outside the parameters of the school or its activities.]

9) In-School Suspension (ISS), the removal of a student from his or her assigned classroom to a different designated learning space for more than one class period during school hours, may be assigned by the Principal or his/her designee only. Students may not attend or participate in any school activity or event occurring on any day or during any time while they are assigned to ISS, including before or after school hours on those days, whether such activity occurs on or off campus.

10) Detention requiring a student to report to and remain at a specific area on school property

4

for a designated period of time prior to the beginning of or after the conclusion of a school day or on a Saturday may be assigned by the Principal or his/her designee. The student and his/her parent(s) shall be given at least 24 hours notice before the student is to report to a specific area for detention. Parents are responsible for transportation. If the parent cannot or will not provide transportation, other – presumably stricter – disciplinary measures will be substituted.

E. Out-of-School Suspension (OSS): Students assigned to OSS are prohibited from attending school, being on school property, attending as an observer, or participating in any activities or events sponsored by the school or that the school or any of its organizations or elements are participating in during the period of time assigned to OSS.

1) Summary Suspension, or the immediate removal of a student from the school grounds for a period of time to be specified following an investigation of the incident precipitating imposition of the suspension, may be imposed by the Principal or his/her designee in situations where circumstances point to the possibility of continued or serious disruption of school operations or activities if the student is not removed immediately. When Summary Suspension is imposed, an investigation must follow. If the student is absolved of guilt or blame, teachers shall make all reasonable allowances for makeup of missed school work without penalty and all record of the action shall be expunged from the student’s disciplinary record. If the student is found responsible, any time missed during the period of Summary Suspension will be considered to be part of his/her subsequent OSS assignment.

2) Short-Term Out-of-School Suspension of 10 consecutive school days or less may be imposed by the Principal or his/her designee.

3) Long-Term Out-of-School Suspension for more than 10 consecutive school days may be imposed by the Board upon recommendation by the Principal. If the offense leading to the long- term suspension occurs before the final quarter of the school year, the period of suspension shall be no longer than the remainder of the school year in which the offense was committed. If the offense leading to the long-term suspension occurs during the final quarter of the school year, the period of suspension may include a period up to the remainder of the school year in which the offense was committed plus the first semester of the following school year.

4) 365 Day Suspension for a full calendar year from the date of the infraction may be imposed by the Board in accordance with NC state law upon recommendation by the Principal.

F. Expulsion: Permanent separation of the student from Falls Lake Academy, imposed by the Board in accordance with NC state law upon recommendation by the Principal. Once expelled, a student is no longer considered to be enrolled at Falls Lake Academy. Any student who is expelled is prohibited from being on any school property and from attending and/or participating in any extracurricular or co- curricular activities that are conducted or sponsored by the school or in which the school is participating or involved, with the exception of events open to the public such as athletic contests (unless the student is barred from such events as a separate, specific action of the Board at the time of the expulsion).

IV. INFRACTIONS and CONSEQUENCES

A. Class I Infractions: Code of Student Conduct violations typically handled by school employees at school – through imposition of ISD disciplinary consequences and/or short-term OSS – without further approval or involvement by the Board or other agencies. Such infractions include – but are not necessarily limited to – the following:

5

1) Insubordination: Students shall comply with all directions of school employees and all other personnel who are authorized to give such directions during any period of time in which students are subject to the authority of such school personnel. The following actions are violations of these expectations:

- Impolite, uncooperative, disrespectful attitude towards school employees. - Deliberate failure to comply with directions given by school employees.

2) Flagrant Disrespect: Students are expected to address and converse with teachers and other school employees with polite respect and cooperative attitudes at all times, in all situations. The following are violations of these expectations:

- Disrespectful, arrogant, sarcastic, flip, or mocking tones of voice used when speaking

with school employees or campus visitors. - Arguing with and/or disputing the authority of school employees. - Walking away and/or failure to answer when addressed by school employees.

3) Falsification / Providing False Information: No student shall falsify information that is in any way presented to any school employee. Falsification includes the electronic, verbal or written statement, communication or creation of any untruth or any act or electronic, verbal or written statement or communication intended to give a wrong impression or deceive, including, but not limited to, forgery of someone else’s signature.

4) Class Disruption: Students shall refrain from any action or speech which substantially disrupts the classroom atmosphere, rendering it impossible (or nearly so) for the teacher to continue instruction.

5) Prohibited items, materials, or substances: Students shall not possess, use, or distribute any of the following:

- Pornography, obscenity, or sexually explicit photographs, illustrations, or printed

material. - Clothing, literature, photographs, illustrations, printed material, or other symbols,

slogans, and/or language designed to promote racial, ethnic, religious, or other discriminating intolerance, hate, or violence. - Tobacco products. - Alcohol.

6) Academic policy infractions: Students must adhere to the FLA Academic Policies for assigned both in- and out-of-class work. The following are violations of these expectations:

- Copying another student’s work and/or turning in another student’s work as one’s own. - Giving or receiving any unauthorized aid or assistance in the preparation of one’s own or

another student’s academic work. - Plagiarism, including the unauthorized use of uncredited material, from internet sources

or otherwise. - Any kind of cheating.

7) Unauthorized absences and tardies: Students are to be in attendance at school every day when school is in session, in the class or classroom where they are assigned, on time, unless authorized by a school employee to be elsewhere or excused by the school administration for illness or other approved reason for absence. Leaving campus without authorization is a violation of this policy; “skipping” class, either on- or off-campus, is also a violation of this policy.

8) Defamation of character: No student shall make or publish false statements on the Internet, electronically, or by any other means of communications, that defame the character or reputation

6

of a school employee or fellow student. While students have a constitutional right to question and voice disagreement with school personnel and other students in a respectful manner in an academic setting, that right does not include making false statements or statements intended to injure, harass, and/or harm an individual.

9) Dress code violations: Students are to be attired in clothing that is appropriate for school and for the specific grade level to which they are assigned. When they are not, their parents will be contacted to bring appropriate replacement attire. The following clothing is not in compliance with these expectations and is subject to the Principal’s interpretation:

- Hats or non-medical head coverings worn indoors. [Exceptions may be made by the

Principal or his/her designee in the case of head coverings worn for legitimate religious reasons as evidenced by the standard practice of such religion by the student’s parents.] - Dark glasses, masks, or any other items which conceal any part of the face.

[Exceptions may be made by the Principal or his/her designee in the case of dark glasses or other eye coverings either prescribed by a physician or worn by a blind student.] - Clothing which is clearly intended for wear at places other than school (pajamas, bathing

suits, workout clothes, etc.) - Slogans, symbols, printed text, and/or illustrations which are inappropriate for school

(including gang symbols or references to violent and/or otherwise inappropriate clubs or organizations). - Jewelry and/or accessories that create an atmosphere non-conducive to learning or that

can be used as a weapon or which hinders or restricts free movement. - Overly revealing or provocative clothing (including too-short shorts, skirts, or dresses

and too-low tops, shirts, or blouses). Tights or leggings are not acceptable alone, but may be worn with shirts or tops which cover the backside. [Note: skirts, dresses, and shorts must not be shorter than mid-thigh.] - Sleeveless shirts, tops, or blouses (including tank tops and spaghetti straps). - Visible undergarments. - Sagging pants or pants worn with the waistband below the waist and/or low on or

underneath the buttocks. - Shirts designed to be worn tucked-in that are worn untucked to hide sagging pants.

10) Physical or verbal harassment: All students are expected to treat all other students and all school employees with respect and polite courtesy at all times while on the FLA campus and while engaged in any school-sponsored activities and/or events off-campus as well. Anything less is considered harassment and will not be tolerated, but will instead be subject to disciplinary consequences. Written notes, postings on social media, e-mails, and other examples of harass- ment that occur off-campus or outside of school time but create disturbances at school and/or disrupt the school environment will be handled in exactly the same manner as if they occurred at school.

11) Gambling: No student shall participate in gambling, betting money, wagering anything on the outcome of a game, contest or other event or participate in any unauthorized event, action or statement that relies on chance for the monetary advantage of one participant at the expense of others. This includes exchanging items of value as well as currency and extends to keeping score for later settlement.

7

12) Public Display of Affection (“PDA”): No student shall engage in behavior that is overly romantic or sexual in nature or in inappropriate displays of affection including, but not limited to, prolonged embraces, deep kisses, groping, or petting. Unwanted contact and inappropriate but not overtly sexual touching are both violations of this policy.

13) Acceptable use: The school’s computers, its internet connectivity and hardware, and its licensed software are the property of Falls Lake Academy and are to be used strictly in accordance with the FLA Acceptable Use policy. Any inappropriate or unacceptable use is subject to disciplinary consequences.

14) Conducting or soliciting business on campus: Except for charitable solicitation approved by the Board or the Principal, students shall neither engage in any corporate, business or financial enterprise, solicit any person or entity to purchase anything, nor sell anything to any person or entity while on the FLA campus or while engaged in any school-sponsored event or activity.

15) Second and third violations: Second and third violations of the same or different Class I Code of Student Conduct provisions are typically assigned increasingly strict ISD or short-term OSS consequences.

B. Class II Infractions: Code of Student Conduct violations that may be handled by school employees at school through imposition of limited ISD disciplinary consequences, but are more frequently handled through short-term or long-term OSS, depending upon the severity of the infraction. Board action at the recommendation of the Principal is often needed for the appropriate imposition of consequences. Such infractions include – but are not necessarily limited to – the following:

1) Bullying: Physical, verbal, written, mental, or emotional harassment that creates serious stress and/or significant distress on the part of any student or school employee is classified as a Class II offense. Students found in violation will be suspended out-of-school and required to undergo counseling prior to return to classes.

2) Threatening or aggressive behavior: No student shall create or engage in any communica- tion by electronic, verbal, photographic, or written means, or by signs, gestures, displays or other acts that are or convey, suggest, or promote a message that is aggressive or threatening to any school employee, visitor, or fellow student while on campus, while engaged in any school-related event or activity off-campus, or while not at school but which finds its way back to create disruption at school. No student shall engage in any behavior or conduct or commit any act that could reasonably result in or cause physical injury to any student or other person.

NOTE: It shall be considered a Class III Violation if a student engages in behavior, conduct or actions that could reasonably result in or cause physical injury to a school employee.

3) Communicating threats: No student shall communicate any threat of force or violence in any form to or about any student or other person.

NOTE: It shall be considered a Class III Violation if a student communicates any threat of force or violence in any form to or about a school employee.

4) Violence: With possible exceptions depending upon the grade level of the student(s) involved and the severity of the offense, engaging in any form of violence will result in out-of-school sus- pension or permanent expulsion. This includes, but is not necessarily limited to: fighting, hitting, striking, kicking, shoving, scratching, biting, blocking, emitting bodily fluids upon, using force upon, or passing or throwing objects, items or fluids at a student or other person who is not a

8

school employee. A student who is assaulted may use reasonable force in self-defense but only to the extent necessary to free himself/herself from the assault and notify proper school authorities. A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the fight.

NOTE: It shall be a Class III Violation if a student commits an assault upon a school

employee. It shall be a Class III Violation if a student commits a sexual assault upon a student or

school employee. It shall be a Class IV Violation if a student commits an assault upon any person that

causes serious injury. It shall be a Class IV Violation if a student commits an assault upon any person involving

the use of a weapon or other object that could reasonably be considered a weapon.

5) Hazing: Requiring any student to wear abnormal dress or costume on campus, annoying another student by playing abusive or ridiculous tricks on him or her, intimidating, frightening, scolding, berating or harassing the student or subjecting him/her to personal indignity or personal injury.

NOTE: It shall be a Class III Violation if hazing is committed by any means that result in physical contact or sexual harm to any person.

6) Inciting and Instigating: Any student who participates in any gossip or verbal campaign, whether at school or not, which encourages any student to harass, bully, or fight with another student, or which leads to a fight between other students, is guilty of this Code of Student Conduct provision and shall be suspended out-of-school. This is particularly true of the incredibly destructive “he-said, she-said” conversations common on too many school campuses.

7) Sexual conduct: No student shall engage in any actual sexual conduct on campus or while engaged in any school-sponsored event or activity off-campus.

8) Theft or damage to property: No student shall steal or attempt to steal school property or the private property of any individual, organization or entity or knowingly be in possession of stolen property. No student shall damage or attempt to damage any school property or the private property of any individual, organization or entity.

NOTE: It shall be a Class III Violation if any student robs any person.

9) Incendiary Devices / Combustible Materials / Devices Causing a Noise or Disturbance: Unless specifically authorized by the Principal, no student shall possess any material, item or substance or use any material, item or substance in a manner that causes or is capable of or reasonably likely to cause a noise or disturbance, is or is reasonable likely to be combustible, is capable of or is reasonably likely to start or result in a fire or explosion, or in fact, starts a fire or causes an explosion.

10) Use of Counterfeit Items: No student shall use any counterfeit item to obtain or attempt to obtain money, property or services.

NOTE: It shall be a Class III Violation if the counterfeit item is a counterfeit drug, medication, or illegal substance.

11) Extortion: No student shall engage in extortion, defined as the use of one’s position or power to obtain property, funds or patronage.

9

12) Unauthorized possession or use of medications or foreign substances: No student shall possess or administer any medication to his/her own person except as provided in the FLA medications policies. No student shall administer any medication to any other person. No student shall insert a foreign substance into the food or drink of another person with the intent to injure or harm or that, in fact, injures or harms the other person or causes an adverse reaction including, but not limited to, alteration of the mind, hallucinations, sleep or euphoria.

13) Repeated Class I Infractions: Repeated Class I infractions which, in the opinion of the Principal, have reached the point where continued ISD and short-term OSS are ineffective. In most of these cases, the Principal will bring a recommendation for board approval of long-term OSS.

C. Class III Infractions: Code of Student Conduct violations that may occasionally be handled through short-term OSS, but which sometimes result in the involvement of law enforcement and most often carry automatic long-term OSS consequences requiring Board action upon recommendation of the Principal, depending upon the severity of the infraction. Such infractions include – but are not necessarily limited to – the following:

1) Threat of violence toward school employee: Any communications, behaviors, conduct, or actions that threaten force or violence or could reasonably result in or cause physical injury to a school employee.

NOTE: It shall be a Class IV Violation if a student commits an assault upon any person that causes serious injury.

2) Sexual assault: Unwanted physical contact of an overtly sexual nature on any person, student or adult.

NOTE: It shall be a Class IV Violation if a student commits rape on any person, student or adult.

3) Robbery: Taking another person’s money or possessions by force or threat of force.

4) Counterfeit substances: No student shall possess, use, or distribute counterfeit drugs, medications, or illegal substances.

5) Disorderly conduct: No student shall engage in disorderly conduct or encourage any other student to engage in such conduct or behavior. Disorderly conduct includes, but is not limited to, any communication, act, conduct, or behavior of a physical, written, verbal, or electronic nature, or the use of passive resistance, noise, threat, fear, intimidation, coercion, force or violence that interrupts, interferes with, or prevents an orderly and peaceful learning environment or disrupts any lawful function or mission or process of any school or activity, causes or is reasonably foreseeable to cause a material or substantial disruption of the school environment or activity, endangers or is detrimental to or is reasonably foreseeable to endanger or be detrimental to the health or safety of the student or others or that causes or is reasonably foreseeable to cause a fight or create a hostile learning environment.

6) Explosion or attempted arson: No student shall use any material, item or substance in any manner in an attempt to cause or start a fire or explosion or in a manner that could reasonably cause or start a fire or explosion.

10

NOTE: It shall be considered a Class IV Violation if any student intentionally sets a fire on any school property, burns any school property, causes any school property to be burned, or intentionally causes an explosion on school property.

7) Trespassing: No FLA student shall be on the campus of another school during the school day without the knowledge and consent of the officials of that school. No student shall be on any school property after the close of the school day without specific and legitimate permission, need or supervision. No student shall be on any school property or shall attend any school activity after being prohibited to do so.

8) Breaking and entering school property: No student shall force his/her way onto FLA property or into any FLA building or room through the breaking or disabling of any security system designed to keep unauthorized persons out.

9) False fire alarm: No student shall deliberately "pull", initiate or make a false fire alarm.

10) Gang activity: No student shall engage in any act that furthers gang or gang-related activities including, but not limited to, the following:

- Communicating either verbally, non-verbally or electronically through hand signs,

gestures, handshakes, slogans, words, drawings or electronic means in order to convey membership or affiliation with a gang. - Defacing school property with gang-related graffiti, symbols or slogans. - Requiring payment of protections or insurance or otherwise intimidating or threatening

any person in any way relating to gang activity. - Inciting other students to intimidate or to act with physical violence upon any other

person in any way relating to gang activity. - Soliciting others for gang membership.

11) Hazing with physical contact: (See “Hazing” under Class II Infractions).

12) Repeated Class II Infractions: Repeated Class II infractions which, in the opinion of the Principal, have reached the point where continued short-term OSS are ineffective. In most of these cases, the Principal will bring a recommendation for board approval of long-term OSS or permanent expulsion.

D. Class IV Infractions: Code of Student Conduct violations which carry mandatory involvement of law enforcement and automatic Principal recommendations for long-term OSS consequences requiring board action. Such infractions include – but are not necessarily limited to – the following:

1) Weapons: No student shall possess, use, or distribute any of the following:

- Firearms. - Any explosive objects, devices, or materials. - Any weapon, or any object or material which is usually identified as a weapon or which

can be used as a weapon (except common educational tools, such as pens, etc.). - Anything which masquerades as a weapon, a firearm, or explosive, even if essentially

harmless. [This section shall not apply to a weapon used solely for educational or school-sanctioned ceremonial purposes or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the Principal.]

2) Drugs and/or controlled substances: No student shall possess, use, consume, transmit, distribute, sell, exchange or be under the influence of any drug or controlled substance. No student shall possess, use, consume, transmit, distribute, sell, exchange or be under the

11

influence of any chemical, chemical compound or product with the intention of using it or enabling another student to use it to bring about a state of exhilaration or euphoria or otherwise alter the student’s mood or behavior.

[This section shall not apply to personal medications that are held and/or used with authorization in accordance with FLA medications policies.]

3) Assault with serious injury: It shall be a Class IV Violation if a student commits an assault upon any person other than a school employee which causes serious injury while on FLA property or while engaged in any school-sponsored event or activity off-campus.

4) Assault with weapon: It shall be a Class IV Violation if a student commits an assault upon any person involving the use of a weapon or other object that could reasonably be considered a weapon while on FLA property or while engaged in any school-sponsored event or activity off- campus.

5) Rape: It shall be a Class IV Violation if a student commits rape upon any person while on FLA property or while engaged in any school-sponsored event or activity off-campus.

6) Arson or explosion: It shall be considered a Class IV Violation if any student intentionally sets a fire on any school property, burns any school property, causes any school property to be burned, or intentionally causes an explosion on school property.

7) Bomb threat or hoax: No student shall, by any means of communication, make a report, knowing or having reason to know the report is false, that there is located on any school premises a device designed to cause damage or destruction by explosion, blasting or burning. No student shall place on any school premises with the intent of perpetrating a hoax, any device that would appear to a reasonable person to be a bomb or similar instrument capable of causing injury or damage.


ADOPTED 12-03-2013

4.3601 - 5.1200 RELATIONSHIP WITH LAW ENFORCEMENT

Legal References: G.S. 115C-36, -47

Cross References: 4.3600 Code of Student Conduct

The Board recognizes the importance of law enforcement authorities in providing safe schools and desires an effective working relationship with law enforcement. To this end, the chief FLA administrator is directed to communicate the needs of the schools and work with law enforcement officials in developing joint programs and in the establishment of protocols for handling situations in which the assistance of law enforcement is helpful or necessary. The chief FLA administrator shall establish procedures for school contacts with law enforcement agencies in accordance with the provisions of this policy.

Duly-sworn law enforcement officers are both authorized and expected to detain and/or arrest individuals on campus, including students, who are witnessed by the officer(s) in the commission of a crime, suspected crime, or disturbance. Such actions by law enforcement personnel are both authorized by law and expected by the Board when necessary to prevent injury, crime, or flight of one or more students targeted by law enforcement and/or the school administration for questioning, detention, or arrest in connection with an investigation into the alleged and/or possible commission of a crime.

Except in cases such as those described above, law enforcement personnel who wish to interview FLA students regarding non-school matters are expected by the Board to do so away from school unless they have a warrant or unless they find that questioning, interviewing, searching, or arresting a student at school is necessary. In such cases, the participating law enforcement personnel are expected to first approach the Principal or, in his/her absence, whomever the Principal has designated to be the on-site authority figure until his/her return. Once contacted, the Principal (or designee, as indicated herein), shall follow the following protocols with regard to compliance and cooperation:

1. If a warrant is presented, the student shall be located and escorted immediately to the office, where the warrant may be served and its directives executed.

2. If a warrant is not presented, those law enforcement personnel who wish to make contact with a student are to be informed of the Board’s intent to comply and cooperate with law enforcement to the greatest extent possible, but that handling this type of law enforcement business with regard to FLA students is expected to be accomplished away from school if at all possible.

3. If the law enforcement personnel are able to convince the Principal (or designee) that contact with the student(s) in question should occur at school even in the absence of a warrant, the Principal (or designee) is authorized to make the student available for questioning, interview, detention, or arrest. In such cases, the following additional provisions of this policy are to be implemented:

a) Officer(s) are to wait in the office while the student(s) is/are located and escorted to the office. b) Before any questioning occurs, the Principal (or designee) must make all possible reasonable

attempts to contact the student’s / students’ parents except in cases of suspected child abuse or neglect when the parent(s) are guardian(s) is/are implicated in the investigation.

4. If the parent(s) is/are successfully contacted, he/she/they may either give or withhold consent for the student(s) to talk with law enforcement personnel in his/her/their absence.

a) If such permission is withheld but the parent(s) indicates that he/she/they is/are on the way

to school, questioning or interview must wait until he/she/they arrive. Upon such arrival, the law enforcement officer(s) shall be afforded a private area to interview the student(s) in the presence of his/her/their parent(s). b) If such permission is withheld but the parent(s) are not coming, the Principal (or designee)

shall make all reasonable attempts not to permit the student to be interviewed or questioned at school. If, in the opinion of the Principal (or designee), however, the situation warrants contact between the student(s) and law enforcement even in the absence of parents, he/she is authorized to permit it, but a school official must be present in lieu of the parent(s) throughout the process during which the school official acts directly in loco parentis to safeguard the student’s / students’ rights and personal safety.

5. If the parent(s) is/are not successfully contacted, the provisions of #4(b) above are to be applied to the situation.

6. Throughout this process, all attempts to avoid embarrassing or frightening students must be made.

7. Thorough records must be kept whenever law enforcement officers (except SROs) come onto school property and question, interview, detain, or arrest students. Such records must indicate the date and time(s), the names of the officer(s), student(s), parent(s), and administrator(s) or designee(s) involved in the incident and what roles they played. To the greatest extent possible, a summary of the circum- stances surrounding the investigation must also be included.

8. Principals and their designees who deal with situations such as those indicated in these protocols are reminded that the safety and well-being of the students and staff members in their charge and/or under their supervision is their first, primary responsibility.


ADOPTED 08-13-2013

4.3610 EXPULSION DUE PROCESS

Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d-2000d7

Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 Gun-Free Schools Act of 1994, 20 U.S.C. § 8921 G.S. 14-33, -35, -36, -60, -67, -69.1 - 69.2, -132, -132.2, -134, -269.2, -284.1, -288.4 G.S. 115C -36, -45, -47, -112, - 288(g), -307, -390, -391, -392 G.S. 18B-300 to 302 G.S. 126-6 Article 33C: G.S. 143-318.11

Cross Reference: 4.3600 CODE OF STUDENT CONDUCT

7.1500-7.1500 GRIEVANCE PROCEDURES 1.7420/5.0600 RESPONDING TO COMPLAINTS 2.5000 HEARINGS BEFORE THE BOARD

Board policy 4.3600 – CODE OF STUDENT CONDUCT provides for the expulsion of students under certain specific conditions and circumstances as the appropriate action following a Class IV disciplinary infraction. In keeping with state law, students who are recommended by the Principal for expulsion under the provisions of that policy are entitled to the specific protections of due process described herein.

A. Expulsion Appeals

Students recommended by the Principal for expulsion as the result of a Class IV disciplinary infraction may file an appeal of that recommendation by following the required steps:

1. File Appeal

a) Deadline: All expulsion recommendation appeals must be filed with the Principal within five school days of the notice of the Principal’s recommendation for expulsion. The Principal shall deliver the appeal to the Board chair within 72 hours of receipt.

b) Written appeal required: All appeals shall be in writing and the written statement of appeal shall remain the same throughout all steps of the appeal procedure.

c) Required information: A formal written statement of appeal must include the following information:

- the student’s full name, grade, the name of his/her PAA, and the name(s) of his/her

parent(s) or guardian(s); - the date and approximate time of the disciplinary infraction which resulted in the

Principal’s recommendation for expulsion; - the student’s version of events, if they are in conflict with the Principal’s understanding

of them; and - a list of witnesses who may be able to corroborate the student’s version of events.

2. Appeal Committee Hearing

Upon receipt of an expulsion recommendation appeal, the Board chair shall appoint three members of the Board to an Appeal Committee to hear the first level of the student’s appeal.

continued - - - - -

The student, his/her PAA, and one or both of his/her parents or guardians shall appear before the Appeal Committee upon their summons to present the case for the student’s appeal. The Principal or his/her designee shall also appear, to answer questions about the recommendation for expulsion. The student’s witnesses shall be invited to appear as well.

Students may be accompanied by legal counsel at this hearing, and counsel may be permitted to ask questions for clarification only of the student, the Principal or his/her designee, and any witnesses named by the student who may be present.

The Appeal Committee, after hearing the appeal and questioning the Principal or his/her designee and any witnesses present to their satisfaction, shall go into closed session to consider their decision under the provisions of the NC Open Meetings Law, §143-318.11. The Committee’s decision shall be delivered to both the appealing student and to the Principal within 3 school days of the Committee hearing.

If the appealing student accepts the decision of the Committee, the matter shall be considered closed. The Principal shall be responsible for applying all provisions of the Committee’s decision.

3. Full Board Hearing

If the appealing student is not satisfied with the Appeal Committee’s decision, he/she shall be eligible to appeal that decision to the full Board of Directors. In the case of such appeal, all the steps and procedures specified in this policy to establish an Appeal Committee hearing shall apply, in the same timelines and requirements, except that the appealing student’s legal counsel shall be permitted to address the Board on behalf of the student at this hearing if the student desires it. The process by which the Board hears and considers the appeal shall be the same as those for an Appeal Committee hearing as well.

The decision of the full Board of Directors shall be considered the final step in the Appeal process available to a student recommended for expulsion. Once the Board renders its decision, the appeal process is exhausted.

B. General Requirements

1. All parties in interest in any appeal filed pursuant to this policy shall conduct themselves in a professional manner at all times during the investigation and hearing of the appeal.

2. No reprisals of any kind shall be taken by the Board or by any employee of the Board against any party in interest, any other employee, or any student on account of their participation in an appeal filed and decided pursuant to this policy.

3. Each decision shall be in writing, setting forth the decision and reasons therefore, and shall be transmitted promptly to all parties in interest.

4. The Board and administration shall cooperate with the appealing student and his/her representative(s) in the investigation of any appeal and shall furnish the appealing student with information pertinent to the appeal without cost.

5. All meetings and hearings conducted pursuant to this policy shall be private.

6. Appropriate records of all appeals and their dispositions shall be maintained in accordance with state and federal law.


ADOPTED

4.4340-6.1250 ADMINISTERING MEDICINES TO STUDENTS

Legal References: Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. pt. 300

Americans with Disabilities Act, 42 U.S.C. 1213, 28 C.F.R. pt. 35; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 705(20),-794,34 C.F.R. pt. 104 G.S. 115C-36, -307(c) G.S. 115C-375.2; Policies Governing Services for Children with Disabilities State Board of Education Policy GCS-D-000

Cross References: 1.3100/4.3100 Parental Involvement

4.4300/6.1200 Student Health Services 4.4320 Communicable Diseases 4.3600 Student Code of Conduct 4.8000 Student Records

I. GENERAL PRINCIPLES

Because of genuine concern for each student, every effort will be made to address and meet the medical needs of students as defined by parents and/or medical officials in a private, confidential, and caring manner.

To minimize disruptions to the school day, parents should arrange for a student to take medication at home rather than at school whenever feasible. However, the Board recognizes that students may need to take medication during school hours. Upon authorization of a student’s parents, and in accordance with the provisions of this policy, designated school personnel may administer:

- drugs or medication prescribed by a physician or by a licensed physician’s assistant or nurse

practitioner operating under the supervision of a physician; and/or - over-the-counter (“OTC”) medications, remedies, and supplements which do not require a’

prescription.

II. STANDARDS FOR ADMINISTERING DRUGS / MEDICINES

A. The health and welfare of the student in question must be of paramount concern in all decisions regarding the administration of medicines or drugs.

B. Students with special needs are to be afforded all rights provided by federal and state law as enumerated in the Policies Governing Services for Children with Disabilities. Students with disabilities also are to be afforded all rights provided by anti-discrimination laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

C. No student may possess, use, or transmit any drug or counterfeit drug prohibited by Board policy #4.3600,STUDENT CODE OF CONDUCT.

D. The Board generally encourages school personnel to administer medicine or drugs from a centralized location. However, in all instances, whether from a centralized location or multiple locations, any medicines or drugs kept at school for a student must be kept in a locked and secure place.

E. All school personnel who will be administering medicines or drugs to students must receive appropriate training.

F. Only drugs clearly prescribed or intended for the student may be administered by school personnel. G. At the time a parent brings a drug to school for administration, if school personnel have concerns regarding the appropriateness of a drug or dosage for a student, a confirmation should be obtained from a physician prior to administering or allowing a student to self-administer that medicine.

H. Although efforts should be made not to disrupt instructional time, a parent has the right to administer medicines to his or her child at any time while the child is on school property.

I. Written information maintained by school personnel regarding a student's medicinal and health needs is confidential. Parents and students must be accorded all rights provided by the Family Educational Rights and Privacy Act and state confidentiality laws. Any employee who violates the confidentiality of the records may be subject to disciplinary action.

III. ADMINISTRATION OF DRUGS / MEDICINES AT SCHOOL BY FLA EMPLOYEES

A. School employees are authorized to administer drugs or medications under the following conditions:

1. The studentʼs parent, legal guardian, or legal custodian has authorized school personnel to administer one or more specific drugs or medications to the student via the school’s official Medications Authorization document, and has provided explicit instructions describing the manner in which the drugs or medications are to be administered.

2. The parents provide authorization via the school’s official Medications Authorization for over- the-counter medications to be administered to their child.

3. The school employee administers the drugs or medications pursuant to the instructions provided by the studentʼs parent, legal guardian, or legal custodian.

B. Parents/guardians must provide the school with all drugs and medicines – both prescription and OTC – intended for administration to their children. All such drugs and medicines provided to the school must be in sealed, unopened containers (exception: Rx bottles), clearly labeled with the student’s name.

C. Students who are at risk for medical emergencies, such as those with asthma or severe allergies, must have emergency health care plans developed for them which shall include the emergency administration of drugs and medicines. Such emergency health care plans shall be developed by the School Nurse, who shall also train the other school personnel designated by the Principal to administer drugs and medicines and closely monitor the implementation of all such plans.

IV. SELF-ADMINISTRATION OF PRESCRIPTION DRUGS / MEDICINES BY STUDENTS

A. Per North Carolina General Statutes, a student with asthma and/or who is subject to anaphylactic reactions or who has diabetes, may possess and self-administer medication for the treatment of the same on school property during the school day, at school-sponsored activities, or while in transit to and from school or school sponsored events.

B. As used in this policy, “asthma medication” means a medicine prescribed for the treatment of asthma or anaphylactic reactions and includes a prescribed asthma inhaler or epinephrine auto-injector. “Diabetes treatment” means a medicine or procedure prescribed for the treatment or assessment of

blood sugar levels: i.e., insulin, oral agents, or blood sugar checks.

C. Before a student will be allowed to self-administer medicine pursuant to this section, the studentʼs parent or guardian must provide an FLA Medications Authorization form signed by the studentʼs parent, legal guardian or legal custodian and the student’s physician or his/her licensed designee indicating that the student is allowed to possess and self-administer asthma medication or diabetes treatment.

D. Before a student will be allowed to self-administer medicine pursuant to this section, the student will also demonstrate to the School Nurse that he/she understands and has been instructed in self- administration of the asthma medication or diabetes treatment, and has demonstrated the skill level necessary to use the medication and any accompanying device.

E. The parents or guardians of students authorized to self-administer drugs and/or medicines must provide to the school backup medications and/or treatments, as applicable, that school personnel are to keep in a location to which the student has immediate access in the event of an emergency.

F. All information provided to the school by a self-administering studentʼs parents or guardians must be kept on file at the school in an easily accessible location. Any permission granted by the Principal for a student to possess and self-administer drugs and/or medications pursuant to this policy will be effective for only the school year in which the permission was granted. Such permission must be reviewed annually.

G. A self-administering student who uses his or her prescribed drugs and/or medications in a manner other than as prescribed may be subject to disciplinary action pursuant to the school’s disciplinary policy. No one may impose disciplinary action on the student that limits or restricts the studentʼs immediate access to authorized drugs and/or medications.

H. The Board does not assume any responsibility for the administration of drugs or medications to a student by the student, the studentʼs parent or legal custodian, or any other person who is not authorized by this policy to administer medications to students.

V. SELF-ADMINISTRATION OF NON-PRESCRIPTION DRUGS / MEDICINES BY STUDENTS

Except as otherwise specifically set forth in this policy, students in Kindergarten through eighth grade shall not be allowed to possess, carry, or self-administer any drugs or medications on school grounds, in any vehicle owned, operated, leased, or used by the Board, at any school sponsored activity, or at any time during school hours.

Except as otherwise specifically set forth in this policy, students in ninth through twelfth grades shall be allowed to possess, carry, and/or self-administer certain medications on school grounds, in any vehicle owned, operated, leased or used by the Board, at any school sponsored activity, or at any time during school hours if the students and their parents or legal guardians or legal custodians comply with the following:

1. the parent/legal guardian/legal custodian must provide to the Principal signed authorization via the FLA Medications Authorization indicating that the student is allowed to possess and self-administer medications identified in the written authorization, the reason student needs to take such medications, and further outlining the times and circumstances under which the student may self-administer those medications;

2. the student may only bring onto school grounds, on any vehicle owned, operated, leased, or used by the Board or at any school sponsored activity an amount of medication equal to only one (1) day's dosage;

3. the student shall, immediately upon entering school grounds or arriving at any school- sponsored activity, deliver the medication to the Principal or his/her designee to be stored in a locked cabinet;

4. the student must take the medication in the presence of the Principal or his/her designee;

5. the medication shall be stored in a locked cabinet and student may not carry such medication on his/her person except to deliver the same to the Principal or his/her designee; and

6. the medication shall be properly labeled in the bottle or container in which it was purchased, or, if prescription, shall contain all current information and instructions per any such prescription.


ADOPTED 07-16-2013

REVISED 07-22-2013

4.6000 STUDENT FUNDRAISING

Legal References: G.S. 115C-36

Cross Reference: 5.0100 PARENT ORGANIZATIONS

All fundraising projects conducted by students and/or staff in or using the name of Falls Lake Academy must be recommended by the Principal for approval by the Board. Board approval must be granted prior to the commencement of any actual fundraising activities; however, staff members and/or student leaders who will be coordinating approved fundraising activities are allowed to do preliminary research and make initial pre-approval contacts as necessary to set up and organize fundraisers for presentation to the Principal and Board in request for approval.

Students may be permitted to engage in raising funds for school-sponsored events, school clubs, school activities, school trips, and school-sponsored athletic teams if the fund-raising project is sponsored by the school and if:

1. the project has the approval of the Board and is in compliance with the school’s administrative

procedures;

2. students are made aware of the voluntary nature of participation; and

3. no pressure is exerted on students to participate.

All funds collected by students in the course of an approved fundraiser shall be turned over to teachers and/or other designated FLA personnel authorized by the Principal to collect such funds as soon as practically possible each school day (and at any other time/place designated and approved for that purpose). Those designated personnel shall in turn deposit all such funds at the end of every school day with the FLA school secretary, who shall see to their deposit in the bank that very day if at all possible. If such a deposit is not possible on the day of collection, all collected funds shall be turned over to the Principal, who shall assume responsibility for those funds until they can be deposited in the bank.

In accordance with the provisions of Board policy 5.0100 PARENT ORGANIZATIONS, the Board grants standing authority to conduct fundraising programs and activities in the school’s name to the Falls Lake Academy Parents organization (“FLAP”) and the Firebird Athletics Booster Club (the “Firebird Flight Crew”).


ADOPTED 07-16-2013

4.9000 STUDENT FEES, CHARGES, AND FINES

Legal References: NC Const. art. IX, §2(1)

G.S. 115C-47(6), -384

The Board recognizes the need for student fees or charges to fund selected school activities that are not funded from other sources.

All fees charged to students must be approved by the Board.

No student shall be charged a fee for required courses or activities.

Any fees imposed on students will be waived or reduced for students who demonstrate economic hardship. The chief FLA administrator shall be responsible for establishing procedures to review requests for fee waivers or reductions, for posting or publishing such procedures when students are confronted with fees and charges, and shall be responsible for the approval or denial of those requests.

Students may be charged for lost and damaged books, materials, supplies, and equipment. Indigent students are not exempted from such charges.


ADOPTED 07-10-2013 REVISED 12-15-2015

5.0100 PARENT ORGANIZATIONS

Legal References: G.S. 115C-36, -47

Cross References: 1.3100-4.3100 Parental Involvement

5.2100 Distribution and Display of Non-School Material 8.2200 Gifts and Bequests

I. GENERAL PRINCIPLES

Recognizing that parent organizations are an effective means of actively involving parents in their childʼs schools, the Board encourages the development and participation of parent organizations that support the goals of the school.

Parent organizations are not considered to be a part of the school. However, because such organizations and their activities reflect upon the school, all parent organizations must be approved for operation within the organizational structure of the school and authorized to operate on campus, use the name of the school, communicate with students and parents through use of the school’s internet resources, and do business on school property by the chief FLA administrator in accordance with the criteria set forth in this policy. Parent organizations which are not so approved and so authorized are not entitled to official access to the school’s students or parents, free use of Board facilities as "school- related” organizations, and shall not use the name of the school in the name of the organization.

FLA administrators shall inform approved, authorized parent organizations of specific goals and shall help these organizations identify opportunities to assist the school in achieving these goals.

II. ESTABLISHMENT OF PARENT ORGANIZATIONS

A. Approval and Authorization Process

A parent organization seeking approval and authorization must provide the chief FLA administrator with the following:

- a written document setting forth the name of the organization, the directors, officers, and

members of the organization and a document describing the purpose of the organization and all rules and procedures by which it will operate; - copies of the organization’s Articles of Incorporation or Articles of Association and by-laws, in

the event the organization is a nonprofit corporation or association; - a written document setting forth the organization's assigned tax ID number; - a written document guaranteeing that, in the event the organization is dissolved or discon-

tinued, its assets shall be distributed to the school and not the officers or members of the organization; and - written assurance that the organization has reviewed and shall at all times comply with the

requirements of this policy.

B. Operational Protocols

Once an organization is approved and authorized, it must at all times comply with the following operational requirements in order to maintain its approval and authorization:

1. The organization shall appoint and at all times maintain a president, vice president, secretary, and treasurer. The organization shall notify the chief FLA administrator of the names, addresses, and phone numbers of its officers and shall immediately give notice of any change in officers.

2. The organization shall provide the chief FLA administrator, immediately upon their adoption, with copies of any modifications to the organization's purpose, rules, and/or procedures by which it operates, Articles of Incorporation or Association, and/or by-laws.

3. The organization shall obtain prior approval from the Principal for

a) any activity, event or fund-raising event; b) any purchase for the school; c) any function involving the participation of students; and d) any event which is likely to reflect upon the school.

4. The organization must obtain prior approval from the Board for any projects, plans, or movements to expand, modernize, and/or renovate school-owned, -operated, or –controlled properties or equipment.

5. The organization shall consider the cultural diversity and economic differences of students and parents in planning school-related functions.

6. The organization must comply with Board policy 5.2100 DISTRIBUTION AND DISPLAY OF NON- SCHOOL MATERIAL with respect to fliers and other literature displayed or distributed by its members.

7. The organization shall ensure that announcements or advertisements for its activities, events, and/or fundraisers clearly indicate that they are sponsored by the organization, not the school. The organization shall further warrant on the face of the announcement or advertisement that the activity, fundraiser, or event shall be adequately supervised by the organization.

8. Every activity, event, or fundraiser conducted or sponsored by the organization shall be supervised adequately by members of the organization.

9. The organization shall not discriminate or allow any person within its membership or at its activities, events, or fundraisers to discriminate against any person on the basis of age, gender, race, creed, color sex, religion, national origin, disability, or economic condition.

10. Approved, authorized organizations may use the school name, logo, and/or mascot as part of tgheir official names or on their advertisements or documents in a manner consistent with the limitations of this policy. Such use may be revoked by the Board in the event that the organization fails to adhere to this policy.

11. The organization must at all times comply with applicable state law and the policies of the Board.

12. The Board may revoke the authority of an organization to operate in conjunction with the school in the event that the organization fails in any way to comply with the requirements of this policy.

B. Financial Protocols

Once an organization is approved and authorized, it must at all times comply with the following financial requirements in order to maintain its approval and authorization:

1. The organization shall be responsible for maintaining its own financial records.

2. Employees of the school are not permitted to manage the affairs of any parent organization during the workday with the exception of temporary Principal-approved money collectors and communication liaisons.

3. Prior to any agreement for the purchase of items, services, and/or equipment by the organization, the organization’s president or his/her designee shall consult with the Principal to determine if the items, services, or equipment the organization is planning to purchase meet(s) the school's standards.

4. Prior to purchasing any item, service and/or equipment, the organization shall notify the vendor or supplier in writing that the organization, and not the school, is the purchaser and neither the school nor the Board accepts responsibility for the payment of the invoice or purchase price of the item, service, or equipment being purchased or sold.

5. The organization shall obtain and at all times maintain and use a valid tax ID number in the official name of the organization. 6. The organization shall not, under any circumstances, use the tax ID number of the school for any purpose without direct authorization of the Board.

7. The organization shall ensure that all bank accounts opened or used by the organization bear the official name of the organization and carry the tax ID number of the organization.

8. The organization shall at all times require the signature of two (2) of its officers on any check, contract, purchase order, debt, and/or obligation.

9. All funds and revenues of the organization shall be, as soon as practical upon receipt, deposited into a bank account in the sole official name of the organization. No funds or revenues of the organization shall be deposited in any account in the name of the school without direct, prior Board approval unless such funds are for the repayment of funds to the school, a donation to the school, or are being paid upon dissolution of the organization.

10. As a general rule, no school employee should ever collect, distribute, or in any way handle or assume responsibility for a parent organization’s funds at school or on school time. The Board recognizes, however, that such prohibition may occasionally create an undue hardship on the organization, given that the FLA students and their parents are the principal conduits of fundraising information, funds collection, and communication for the organization. Therefore, the Board authorizes the Principal to appoint temporary, case-by-case collectors among the staff for an approved, authorized organization’s legitimate fundraising collections on campus during the school day in order to forestall the possible pandemonium that could result from the unauthorized changing of hands of fundraising money between and among the FLA students who are trying to deliver such money at the instruction of their parents, who are in turn operating in their individual capacities as members of such approved, authorized parent organizations. In most cases, the designated collector would be the office manager / administra- tive assistant, but the Principal has the authority to expand that assignment as he/she deems necessary.

11. Money collected at school by Principal-approved and appointed staff collectors shall be entrusted to the office manager / administrative assistant for custody until collected by the organization’s treasurer. All such money collected at school must be picked up by the organization’s treasurer or his/her designee before the end of the day every day such at-school collections occur.

12. No school employee shall sign any check or withdrawal form drawn on a parent organization account unless such employee is an official officer of the organization and is acting in that capacity.

13. No FLA administrator shall obligate himself/herself or the school to pay for any purchase, debt, obligation, or liability connected or associated with any parent organization.

14. No FLA employee shall sign any contract connected or associated with any parent organization or any purchase, debt, obligation, or liability connected or associated with any parent organization unless such employee is an official officer of the organization and is acting in that capacity.

15. The organization shall formulate and comply with written procedures whereby two (2) members of the organization, one of which shall be an official officer of the organization, shall count and account for all money received by the organization. Such persons shall also sign a proceeds receipt which shall be attached to the deposit receipt and maintained with the organization's financial records. The organization shall provide a copy of these written procedures to the chief FLA administrator.

16. The organization shall at all times maintain, in an orderly manner, all sales slips, receipts, invoices, and other documentation relating to each expenditure by the organization.

17. The organization’s treasurer shall reconcile its banking records and statements no less than once each month. The reconciled bank records shall be reviewed by the president of the organization each month.

18. Annually, the organization shall hire an outside auditor or allow the Board to audit all financial books and records of the organization. The auditor shall provide a copy of the audit report to the Board.

19. The organization shall allow the Board to audit or review all the organization’s financial books and records whenever so requested by the Board.

20. Each organization should purchase and maintain a general liability insurance policy naming the school and the Board as additional insured parties. Within one week prior to and covering all times during any period in which the organization conducts an activity, event, or fundraiser on the school campus or any property owned, operated, or leased by the Board, the organization shall purchase and maintain throughout the period of the activity a general liability insurance policy in the amount of $500,000 per person and $1,500,000 per aggregate, and shall deliver a copy of the certificate of liability evidencing this coverage to the chief FLA administrator at least one week prior to the activity, event, or fundraiser.

III. BOARD-ESTABLISHED PRE- APPROVED AND AUTHORIZED ORGANIZATIONS

With the adoption of this policy, the Board grants approves the establishment of the Falls Lake Academy Parents (“FLAP”) and the FLA Athletics Booster Club (the “Firebird Flight Crew”) and authorizes both organizations to organize and act in accordance with their own missions to support the mission and objectives, programs, policies, and procedures of the Board and the school.


ADOPTED 07-06-2013

5.0150 SCHOOL VOLUNTEERS

Legal References: G.S. 115C-36, -47, -203 – 209.1

G. S. 95-28.3

Cross References: 1.3100-4.3100 PARENTAL INVOLVEMENT

5.0200 SCHOOL VISITORS

The Board recognizes the valuable contributions that school volunteers make to the learning process and the educational goals of the school. Instructional programs are enhanced through the participation of studentsʼ parents, community members, and local business and industry. These volunteers contribute time, resources, and expertise that assist the school in reaching its goal of providing a sound basic education to all children and its objectives developed thereunto.

The Board encourages all FLA administrators to develop and implement plans and procedures (“school volunteer programs”) for utilizing school volunteers. The chief FLA administrator is responsible for implementing and supervising these school volunteer programs. School volunteer programs must provide the following:

1. adequate screening of all prospective volunteers based on their level of contact with students; 2. the requirement that volunteers comply with policy 5.0200 SCHOOL VISITORS; 3. reasonable supervision of volunteers based at least in part upon the amount of contact they will

have with students; and 4. adequate training of volunteers, including familiarization with applicable laws, Board policies,

administrative procedures, and school rules.

The chief FLA administrator shall develop administrative procedures to provide direction for the implementation of plans for utilizing school volunteers.

All school volunteers will be expected to be professional and dependable in their volunteer activities.


ADOPTED

5.0200 SCHOOL VISITORS

Legal References: G.S. 14-132, -132.2, -159.11, -159.12, 159.13, -208.18

G.S. 115C-523, -524, -526

Cross References: 5.0220 REGISTERED SEX OFFENDERS

5.0250 ITEMS AND MATERIALS PROHIBITED ON CAMPUS 7.1500-7.1500 GRIEVANCE PROCEDURES

I. VISITORS WELCOME

The Board welcomes parents and other visitors to Falls Lake Academy, and actively encourages parents and others with personal or professional interest in the school and its educational programs to visit and become familiar with FLA’s approaches to teaching and learning, subject to the provisions of this policy.

Specifically, visitors are welcome:

- at all events and programs open to the public, such as athletic contests and arts performances; - at all special programs and events designed to showcase parts of the FLA educational program; - at all meetings of FLAP, the Firebird Flight Crew, and other parent and/or community support

groups; - at all open meetings of the Falls Lake Academy Board of Directors; and - in the actual classrooms during the instructional day, subject to the provisions of this policy.

II. PROCEDURES

While the Board welcomes visitors to the school, the paramount concern of the Board is to provide a safe, orderly, and inviting learning environment in which disruptions to instruction and instructional time are kept to a minimum. In addition to such reasonable rules and procedures as may be established and enforced by the Principal, the following requirements always apply to visitors in the school:

1. All school visitors during instructional hours must report immediately upon arrival to the Principal’s office and check in to receive permission to be on school grounds and in the school and its classrooms. Permission to visit classrooms during face-to-face instruction is generally limited to parents of students in those classes who have particular and compelling reasons for such visits, to guests of the teachers in those classrooms designated for those visits, and to professional educators and students who seek to observe the classroom for the purpose of gathering information and deeper understanding of the educational programs and/or methods being used therein.

2. After having been approved to be on school grounds during instructional hours, all school visitors must check in and display whatever visitor’s identification is required by the school for instructional-hours visitors throughout their stay during instructional hours.

3. School visitors shall comply with all school rules and Board policies, including 5.0250 ITEMS AND MATERIALS PROHIBITED ON CAMPUS.

4. Individuals who are subject to policy 5.0220 REGISTERED SEX OFFENDERES must comply with the provisions of that policy.

5. Individuals who are discovered on-campus during instructional hours without having received permission to visit and/or who are not displaying visitor’s identification will be instructed to report to the Principal’s office immediately, ordered off the premises, and/or may be subject to possible arrest for criminal trespass.

continued - - - - -

6. Classroom visitors are required to respect the educational environment at all times. Neither teachers nor students may be interrupted during the course of the teaching and learning process by visitors for any reason at any time unless invited to limited participation by the Principal or by the classroom teacher in the classroom being visited. When visitors have questions or concerns, they are encouraged to arrange for a conference with the classroom teacher to seek answers and/or further information. If such a conference does not adequately address a visitor’s questions or concerns, he/she is encouraged to submit those questions and concerns to the Principal or follow the procedures outlined in Board policy 7.1500-7.1500 GRIEVANCE PROCEDURES.

7. Visitors who – in the opinion of the Principal, or his/her designee in his/her absence – exhibit unusual, disruptive, disorderly, threatening, or dangerous behavior, who damage school property, who violate Board policy, and/or who disrupt the educational environment at any time while on school property will be instructed to leave campus and will be prosecuted for trespassing if they do not do so immediately. The Board authorizes the Principal to prohibit these and any other individuals who display or exhibit similar disruptive behavior from entering upon school grounds, entering the school building, or attending any other events sponsored by the school or in which the school is involved or participates.


ADOPTED 7-22-2013

REVISED 12-03-2013

5.0250 ITEMS AND MATERIALS PROHIBITED ON CAMPUS

Legal References: G.S. 14-69.2, -269.2, -284.1; 14-313; 18B-103, -301; 20-17

G.S. 115C-36, -40, -47, -407, 288(g) Pro-Children Act of 1994, 20 U.S.C. 6081-6084 Title X of Public Law 103-227

Cross References: 4.3600 CODE OF STUDENT CONDUCT

5.0150 SCHOOL VOLUNTEERS 5.0200 SCHOOL VISITORS 7.4874 DRUG AND ALCOHOL-FREE WORKPLACE

Board policy 4.3600 CODE OF STUDENT CONDUCT specifies and details certain items and materials which students are prohibited from possessing, using, or distributing on campus. In addition to those prohibitions, all persons are prohibited from possessing, using, or distributing certain items and materials on campus at any time with those few and limited exceptions found in the provisions of this policy.

This policy and its provisions apply to all persons, including parents, FLA staff members, students from other schools, school-aged persons not enrolled at other schools, persons who come on campus for otherwise legitimate reasons including attendance at and/or participation in school-sponsored programs and meetings open to the public, and members of the community.

I. CONTROLLED SUBSTANCES: ILLEGAL DRUGS AND ALCOHOLIC BEVERAGES

The Board prohibits the possession, consumption, and distribution of all illegal drugs and alcoholic beverages on the campus of Falls Lake Academy by any person at any time for any reason. Any person discovered in violation of this policy shall be reported to law enforcement with the intent to seek arrest and press criminal charges. He/she shall be ordered to leave the school campus immediately and, if he/she fails to do so, shall be arrested and prosecuted for criminal trespass, disorderly conduct, and any other charges that may be applicable and appropriate. He/she shall be banned from the FLA campus thenceforward indefinitely, pending final review and decision of the Board.

Student conduct is further addressed in Board policy 4.3600 CODE OF STUDENT CONDUCT. Employee conduct is further governed by policy 7.4874 DRUG AND ALCOHOL-FREE WORKPLACE.

II. TOBACCO PRODUCTS

The Board promotes the health and safety of all students and staff and the cleanliness of all school facilities. The Board believes that the use of tobacco products on school grounds, in school buildings and facilities, or at school-related or school-sponsored events or activities is detrimental to the health and safety of students, employees and school visitors. To this end, the Board adopts this tobacco-free policy that prohibits smoking and the use of tobacco products as set forth herein.

For the purposes of this policy, “tobacco product” is defined as any product that contains tobacco and is intended for human consumption. “Tobacco use” includes smoking, chewing, dipping, or any other use of tobacco products.

All employees and other persons performing services or activities on behalf of the school, including volunteers and contractors as well as students and visitors, are prohibited from using any tobacco product at any time in any school building, in any school facility, on any part of school campus, and at any school-sponsored or school-related events on or off school grounds. In addition, students are

prohibited from possessing any tobacco products, whether they are used or not.

continued - - - - - All employees are required to adhere to and enforce this policy and other policies, rules, and regulations addressing the use of tobacco products.

The chief FLA administrator shall provide adequate notice of this policy to students, parents, employees, visitors, and the public.

Consequences for students found in violation of this policy will be handled in accordance with the school’s disciplinary procedures pursuant to the provisions of Board policy 4.3600 CODE OF STUDENT CONDUCT.

Consequences for employees found in violation of this policy will be handled in accordance with internal personnel policies.

Any other person using tobacco products on campus in violation of this policy may be instructed by any employee witnessing their use to refrain from such use or to leave the premises or activity. If such person refuses, law enforcement may be contacted with the intent to have the violator escorted off the premises and possibly to press charges of criminal trespass.

III. WEAPONS AND EXPLOSIVES

The Board is committed to providing a safe school environment that is free from violence, to the maximum extent possible. Employees, students, visitors, and all other persons except duly-sworn law enforcement personnel are prohibited from possessing, carrying, using or threatening to use, or encouraging another person to possess, carry, use or threaten to use weapons or explosives on school property or while attending activities sponsored by the school. This policy applies to weapons or explosives carried openly or concealed. [Exception: in compliance with NC state law, FLA teachers and administrators, parents, and campus visitors who hold valid NC concealed weapon permits may keep their lawful weapons in locked vehicles, out of sight, while on campus. This policy provision is subject to changes in state laws whenever such laws change, and shall require compliance with all provisions of the law if and when such changes in the law occur.]

In addition to arrest and prosecution under any applicable law, any employee who violates this policy may be subject to immediate termination.

Any visitor or other person found in violation of this policy will be escorted from the premises and/or school activity immediately. Law enforcement will be contacted and the violator will be reported.

Any employee who is aware that a weapon or explosive is present on school property or at a school event shall immediately report this information to the Principal or his/her designee.

Students who violate this policy are subject to discipline as provided in the provisions of Board policy 4.3600 CODE OF STUDENT CONDUCT.

Exception: This policy does not apply to a weapon or explosive used solely for educational or school- sanctioned ceremonial purpose or in a school-approved program conducted under the supervision of an adult whose supervision has been approved in advance by the Principal. In such cases, the weapon or explosive must be turned in to the Principal and housed in his/her office at all times except during the time of actual approved usage. All weapons used in this manner must be approved in advance by the Principal for transport onto the FLA campus. Principal pre-approved weapons must be turned in unloaded, stored in a locked case.


ADOPTED

5.0500 INCLEMENT WEATHER AND EMERGENCY CLOSINGS

Legal References: G.S. 115C-36, -47

Cross References: 5.0400 News Media Relations

7.4895 Absences Due To Inclement Weather

The Board recognizes that certain circumstances require and/or force the closing of school despite the provisions of the adopted and approved school calendar. Chief among these circumstances are those imposed on the school by the advent of inclement weather which makes driving on the roads in and around southern Granville County difficult and/or dangerous.

The chief FLA administrator is empowered by the Board to evaluate conditions and circumstances and to make any and all decisions about the emergency closing of Falls Lake Academy due to inclement weather or any other conditions which may require or force the closing of school. He/She shall develop procedures for the temporary closing of school because of inclement weather or for any other unforeseen occurrence which presents a threat to the safety of students, staff or property. Such procedures shall include notification of parents, the news media, and other interested parties of any decision to close school as soon as it is feasible to do so under the circumstances. A description of these procedures shall be included each year in the Student-Parent Handbook.

In many cases, Falls Lake Academy will be subject to the same weather-related and other emergency situations as the Granville County and/or Durham County school systems. For that reason, the chief FLA administrator is instructed to consider carefully any decision by the Granville County Schools’ and/or the Durham Public Schools’ superintendent(s) to close those schools, and to evaluate as thoroughly as possible the possible implications of that/those closure(s) in making any decision to close Falls Lake Academy or to remain open in the face of circumstances advising that/those decision(s).

Once the decision to cancel a full day of school, close school early, or open school late is made, the administrative procedures designed to notify parents and the news media shall commence immediately. The Board chair shall be among the first people notified of this decision.


APPROVED 10-15-2013

5.2000 ADVERTISING, SPONSORSHIP BY OUTSIDE GROUPS

A. PRINCIPLES

The Board encourages community members and business owners to provide financial support for school activities by buying advertisements or sponsoring banners, posters, signs, etc., for display on school property, pursuant to the conditions and restrictions set forth by the Board. By allowing advertisement or sponsorship on school property pursuant to this policy, the Board does not intend, and specifically declines, to open up school property as a forum for free expression of ideas, opinions or viewpoints.

Falls Lake Academy shall protect students and parents from exploitation and ensure that commercial activities do not interfere with educational programs. Except for instruction relating to advertising, students shall not be required to listen to, read, or be subjected to commercial advertising in the classroom or in school-provided materials in curriculum-related activities, except as provided by this policy.

B. DEFINITIONS

1. Advertisement: Any payment of money or other economic benefit to the school that requires visual, audio or video placement of a name, slogan or product message on school property, publications, or broadcast. The term “advertisement” does not include traditional fundraising activities, such as magazine sales, nor does it apply to outright gifts to which no quid pro quo is attached.

2. Sponsorship: Any payment of money or other economic benefit to the school in exchange for recognition.

C. ADVERTISEMENT/SPONSORSHIP

No advertisement or sponsorship, as defined by this policy, shall be allowed unless it complies with the provisions of this policy, fits one or more of the following categories, and is approved by the Principal: . 1. Paid advertisements in the student newspaper, yearbook, or other publication;

2. Instructional aids furnished by private sources when the advertising is reasonable, nonintrusive,

and not inherent to the content;

3. Signs on athletic fields that meet local sign ordinances and comply with this policy;

4. Advertising in the program for an extra-curricular activity;

5. A pro-school advertisement for an organization approved by the Board;

6. The display of product names of vending machines appropriately placed in the school for the use of

students, staff and the public; and

7. Incidental advertisements that appear when students are using various Internet services.

Any advertisement or sponsorship announcement shall be strictly limited to identifying the group, organization, or business, as follows: a) Name of group, organization, or business;

b) Address, phone, email address of group, organization, or business;

c) No logos or symbols unless they are clearly associated with identifying the specific entity or

enterprise and do not represent viewpoint expression.

D. PROHIBITED COMMERCIAL ACTIVITIES

No viewpoint expression is permitted. No advertising or sponsorship shall be accepted if it:

1. Is associated with tobacco, alcohol, illegal drugs or weapons;

2. Promotes hostility, disorder or violence;

3. Contains vulgar and plainly offensive, obscene or sexually explicit language;

4. Is libelous;

5. Demeans any person or group on the basis of race, gender, ethnicity, or religion;

6. Advocates the violation of law or Board policy;

7. Advances any religious or political purpose or interests;

8. Promotes, favors, or opposes a candidate for elected office or a ballot measure;

9. Is associated with any company or individual whose actions are inconsistent with the school’s public

educational mission and goals or community values; or

10. Is otherwise in violation of the law.

E. NON-ENDORSEMENT

Advertising and sponsorship permitted pursuant to this policy shall not be considered as an endorsement or approval by the Board of any particular group, organization, or company, nor of any purposes, programs, activities, products, or services of any such group.

F. CANCELLATION

The Board reserves the right to cancel or amend, at any time, any agreement or contract whether oral or in writing, between the school, parent organization, or booster club and a group, organization, or business regarding sponsorship or advertisement on school property or at school events. All advertise- ment and sponsorship contracts shall clearly state the Boardʼs right to cancel the contract.

G. NO FORUM CREATED

This policy in no way creates, and should not be construed to create, any type of forum for the expres- sion of ideas, opinions, or viewpoints.


APPROVED

5.2010 DISTRIBUTION OF MATERIALS BY OUTSIDE GROUPS

Cross References: 5.0100 PARENT ORGANIZATIONS

5.0150 SCHOOL VOLUNTEERS 5.0200 SCHOOL VISITORS 5.0250 ITEMS AND MATERIALS PROHIBITED ON CAMPUS 5.2000 ADVERTISING, SPONSORSHIP BY OUTSIDE GROUPS

Students and educational programs must be the focus of the school. Therefore, the Board establishes the following standards which shall apply to the distribution of non-school-related materials to students and on school property:

A. Partner Groups and Organizations

The Board recognizes the value of establishing, maintaining, and nurturing mutually-beneficial relation- ships with certain individuals, groups, and organizations in the wider community from time to time. Such entities shall be designated as “partners” of Falls Lake Academy and shall enjoy limited access to the school and its students, including the privilege to disseminate information and materials for voluntary use by the school, the students, and/or the staff.

No entity may be designated an FLA partner except by direct action of the Board, who shall carefully consider all potential benefits and drawbacks to authorized partnership before granting such status.

The Board reserves the right to nullify any partner relationship at any time, for any reason.

B. Approved / Authorized Announcements and Materials

The following outside groups’ announcements and materials are approved and authorized for distribution to students and staff at any such time as they become available:

- the NC Legislature, the NC State Board of Education, or any federal, state, or local government

body; and - any individual, group, or organization designated as an FLA partner by the Board.

C. Prohibited Announcements and Materials

1. With the exception of advertising and other materials made available to students through authorized implementation of Board policy #5.2000, ADVERTISING, SPONSORSHIP BY OUTSIDE GROUPS, no non-school-related announcements or distribution of non-school-related printed material except that which is authorized by the provisions of this policy may be offered to or made available to students on school property or, insofar as the school’s employees have the authority to regulate same, in the course of off-campus, school-sponsored events and activities.

2. Generally, no non-curricular, non-instructional announcements or materials (except those authorized under the provisions of Board policy #5.2000 or those from designated FLA partners) may be distributed or made available to students which include any of the following:

- outside groups’ contests, drives, membership campaigns, or similar activities;

- outside groups’ political or religious views, events, activities, or tickets to events;

- solicitations from outside groups’ fundraising campaigns; or

- solicitations from outside groups’ sales campaigns.

D. Exceptions

The Board authorizes the Principal to waive the provisions of this policy in the event he/she determines that a proposed announcement and/or distribution of materials to the students and/or staff serves a valuable purpose, provides a specific service, advances the school’s mission and objectives, or enhances the educational program. When such an exception is made, the announcement or material in question may only be distributed or made available to students when the Principal has reviewed it thoroughly and is satisfied that:

- it contains nothing that might be construed as patently offensive or obscene;

- the educational environment will not be substantially disrupted by its distribution;

- such distribution will not interfere with instructional time nor create unsafe or unsupervisable

situations or conditions; and

- it is clearly identified, through the method of distribution or otherwise, as non-school material

which is neither endorsed or necessarily reflective of the views or the school or the Board.


ADOPTED 10-15-2013

6.2010 FOOD, DRINK AT STUDENT EVENTS

The Board recognizes the benefits of promoting a school culture which incorporates the opportunity for student events and activities which include food and drink. In the interest of the safety and well-being of FLA students and staff, however, the Board believes it prudent to place some reasonable restrictions on food and drink made available to students during such events and activities, as follows:

1. All non-curricular and/or non-instructional events and activities planned, authorized, and undertaken before, during, or after school hours on or off school grounds by teachers, student organizations, or other FLA entities must have the approval of the Principal. Likewise, all such events and activities with curricular and/or instructional components which include food and/or drink also require the approval of the Principal.

2. All food and/or drink made available to students at any time in connection with any event or activities related to and/or undertaken at school must be manufactured and distributed by commercial or non-profit individuals or organizations who have been licensed or otherwise authorized by the local Health Department to provide food for consumption to the public, or who have procured such items through an authorized or licensed vendor as part of a fundraising campaign. It must also arrive at school sealed in its original packaging and opened only in the presence of an FLA employee, who shall also oversee its distribution to those FLA students participating in the event or activity. [Note: all wrapped / sealed food and drink items available for purchase at retail food stores meet the Health Department requirement.]

3. Classroom parties and daily snack-time events are permissible with the approval of the Principal, but these regulations shall apply to all snack items available to students if provided by anyone other than each student’s parents or guardians. Generally speaking, the Board strongly urges classroom teachers to require such items to be provided by the parents of each child to that child only.


APPROVED

6.3150 STUDENT PARKING ON CAMPUS

Cross References: 4.3600 Code of Student Conduct Legal References: G.S. 115C-46

STUDENT PARKING ON CAMPUS - Driving and parking on school property is a privilege and

may be revoked at any time if abused. The following regulations will be used to guide

appropriate student conduct while operating a vehicle on campus.

1) Registration: All student vehicles must be registered in the office to receive a parking

permit. The fee for this is $50.00. Students must display this school issued parking permit at all times. This permit entitles the owner to park in their assigned space from the start of school to the end of the school day. After school hours, all spaces in the North Lot become first come first served.

2) Overnight Parking: Vehicles may not be left in the parking lot overnight without

special permission from the Associate Director of High School.

3) Fees: Each vehicle used by a student must be registered at the beginning of each

school year or when acquired. A student is subject to only one $50.00 fee per year.

4) Allocation: Parking spaces will be allocated based on the following criteria:

a. Students with physical disabilities b. Students who are participating in off campus learning or internships c. Seniors d. Juniors e. Any licensed Sophomore

5) Temporary Permits: In the event of an emergency, a student may check out from the

office a “temporary” parking permit. This permit will be for one day only and must be returned to the office at the end of the day. A temporary parking permit will be available in the office for a $5.00 refundable deposit.

6) Accidents: Any accident, vandalism, theft or other violation of the Falls Lake Code of

Student Conduct, no matter how minor, must be reported to the front office of the high school. Falls Lake Academy is not liable for any damage to vehicles on the FLA campus at anytime.

7) Speed Limit: All students will follow the 5 M.P.H. speed limit at all times while on

campus.

8) Location: High school students will park only in the North Lot closest to Green Road.

9) Revocation of parking privilege: Students refusing to adhere to these rules will have

their privilege to park on campus revoked at the discretion of the Associate Director of Falls Lake Academy High School or the Executive Director. No refund is provided for revocation of parking privileges due to violations of these rules.

10) Citations: All vehicles on campus are subject to state and local laws and may be cited

by law enforcement.

11) Registration with DMV: In order to park on campus, a vehicle must be registered with

the NC Department of Motor Vehicles, be inspected and the driver must be fully licensed to operate said vehicle.

12) Searches: Any vehicle on the campus of Falls Lake Academy is subject to complete search and the seizure of any contraband item found within. These items may be turned over to law enforcement for legal action and the driver will be subject to Falls Lake Academy discipline.

13) At All Times: Any vehicle operated by a student on campus at any time is subject to these rules and regulations whether before, during or after school or at any time the student is on campus for a school sponsored event.


ADOPTED 04-23-2013

Revised 09-03-2013

Revised 10-15-2013

Revised 04-22-2014

7.1000 RECRUITMENT AND SELECTION OF PERSONNEL

Legal References: Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.

Americans With Disabilities Act of 1990, 42 U.S.C. 12101 et seq. Equal Educational Opportunities Act of 1974, 20 U.S.C. 1703 Equal Pay Act of 1963, 29 U.S.C. 206 Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. Military Selective Service Act, 550 U.S.C. Appx. 453 Rehabilitation Act of 1973, 29 U.S.C. 794 Title VII of the Civil Rights Acts of 1964, 42 U.S.C. 2000e et seq. Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. Uniformed Services Employment and Reemployment Rights Act of 1994,

38 U.S.C. 4301 et seq. 8 U.S.C. 1101 et seq. G.S. 14-208.18; 114-19.2; 115C-36, -47, -332; 126-7.1(f), -16; 127A-202.1; 127B-10, -12, -

14; 143B-421. 16 N.C.A.C. 6C .0313

Cross References: 5.0220/7.4878 Registered Sex Offenders

I. GENERAL PRINCIPLES

A. Non-Discrimination: It is the policy of the Board to provide all applicants for employment with equal employment opportunities and to provide current employees with training, compensation, promotion, and other benefits of employment without regard to race, color, religion, national origin, military affiliation, sex, age, or disability, except when sex, age, or physical requirements are essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions.

B. Diversity: The Board also is committed to diversity throughout the programs and practices of the school. To further this goal, the recruitment and employment program shall be designed to encourage a diverse pool of qualified applicants.

II. RECRUITMENT

Recruitment for specific vacancies will be undertaken only after the need and qualifications for the position are established and proper authorization is obtained. Internal candidates will be considered first for all vacancies.

If any vacancy is not filled through initial recommendation of an internal candidate, it will be posted on the FLA website and Facebook page (and other local media outlets as determined by the Principal). If the Principal is still not able to make a recommendation for hiring from these postings, still-open positions will be publicized nationally and state-wide. Previously-considered candidates may be reconsidered once these options have been exhausted.

Once posted, all open positions will be considered open until filled.

III. CRIMINAL HISTORY

A. Reporting of Criminal Offense: All FLA employees and active applicants for current vacant positions must notify the Principal and the Board immediately if they are arrested, charged with, or convicted of a criminal offense (including entering a plea of guilty or nolo contendere) other than minor traffic violations (i.e., speeding, parking, or lesser violation). Such notice must be in writing, must include all pertinent facts, and must be delivered to the Principal no later than the next scheduled business day following the arrest, charge, or conviction, unless the employee or applicant is hospitalized or incarcerated, in which case the employee or applicant must report the alleged violation within 24 hours after his or her release. Upon judicial action in the matter, the employee or applicant must report the disposition and pertinent facts in writing to the Principal and to the Board no later than the next business day following adjudication.

B. Criminal History Background Check: A criminal history check and a check of sex offender registries must be conducted on all final candidates for employment. All such checks shall be conducted in accordance with state law and any procedures established by the Board, the State Board of Education, or the NC Department of Public Instruction. The cost of all such checks shall be borne by the Board. If a final candidate for employment or hiring as an independent contractor is found to have a criminal history, other than for minor traffic offenses, the Principal shall determine whether the individual is otherwise qualified for employment despite the criminal history by considering, among other things, whether or not the individual poses a threat to the safety of students or personnel or has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position. If the Principal recommends such a candidate to the Board for employment, the Board must be notified of the criminal history and the basis for the Principal’s determination.

All persons applying to work directly with FLA students, including, but not limited to, substitute teachers, non-staff coaches, field trip chaperones, and classroom and/or extracurricular volunteers shall also be subject to criminal history background checks and checks of sex offender registries. The cost of these checks shall be borne by the individual applicants.

Exception: all duly-sworn North Carolina public law enforcement personnel and all current active or reserve U.S. military personnel shall be exempt from the requirements for background checks detailed in this policy upon their presentation of a current, valid law enforcement or U.S. military identification upon their arrival on the FLA campus or at a place where FLA students are engaging in a school-sponsored trip, event, or activity. This provision applies to all local, state, and federal law enforcement personnel including – but not limited to – local police, county sheriff’s deputies, state Highway Patrol officers, SBI, FBI, Bureau of Prisons personnel, etc.

C. Sex Offenders: No individual who is a registered sex offender subject to the provisions of policy 5.0260/7.4878 Registered Sex Offenders will be hired for any position with Falls Lake Academy. In addition, each contract executed by the Board with an independent contractor or for services of independent contractors must require the contractor to check sex offender registries as specified in policy 5.0260/7.4878 Registered Sex Offenders.

IV. SELECTION

A. Qualifications: Candidates for employment must be selected based upon their likely ability to fulfill duties identified in the job description for the position for which they are being considered as well as performance standards established by the Board. In making such determination, the following information must be considered:

1) FLA staff application 2) Education and training

3) Licensure and certification (when applicable) 4) Relevant experience 5) Personal interviews 6) Check of references

B. Nepotism: When making recommendations for the selection and assignment of personnel, the Principal shall attempt to avoid situations in which one employee or Board member occupies a position in which he or she has influence over the employment status, including hiring, salary, and/or promotion, of another employee who is a member of the first employeeʼs or Board member’s family. The Board recognizes, however, that the FLA community is a small subset of a small community, and such avoidance may not always be either practical or advisable when seeking the best possible employees for open positions. Therefore, when a member of a Board member’s or FLA administrator’s family is deemed the best possible applicant for an open position from among the pool of available applicants, the Principal shall make all documentation outlining his/her recommendation decision available to the Board and the Board member and/or administrator shall recuse himself/herself/themselves from the closed session(s) and discussion(s) in which the Board considers the recommendation to hire that applicant.

If an applicant who is related to an FLA administrator is vetted through this process and is approved by the Board absent the recused Board member(s) and/or administrator(s), the Board shall name a second employee to serve as an additional contributing supervisory presence over the new employee in addition to the FLA administrator in question, who shall retain primary responsibility for the new employee’s supervision as though he/she were not related to the new employee. The second employee so named shall have no actual supervisory responsibility over the new employee other than that which he/she may have had already, but shall be responsible for advising the FLA administrator who supervises his/her family member on any impropriety or appearance of same with regard to possible favoritism or undue discrimination.

C. Employment Procedures: All applicants selected for employment must be recommended by the Principal and approved by the Board. In situations where the employee must be hired between Board meetings, the Principal is authorized to approve the provisional hiring of such personnel, contingent upon official approval by the Board at its next meeting. Where applicable, state guidelines should be followed in selection and employment procedures if possible.


ADOPTED 06-26-2018

7.1010 CRIMINAL BACKGROUND CHECKS

Legal References:

Cross References:

In keeping with the provisions of NC state law, the FLA Board of Directors will conduct criminal and sex- offender background checks on all recommended candidates for employment. These background checks should go back a minimum of 10 years unless a shorter time frame is required by law.

and All persons seeking approval to serve as volunteers in the school who might, in the course of such service, have direct contact with and/or interaction with the students will also have a criminal history and sex offender background check completed.

Such FLA background checks will meet or exceed the standards in place by Granville County Schools with regard to their own background check processes which are in place at the time such checks are conducted.

All FLA agents, contractors, employees, and administrators are directed to comply with the provisions of this policy in the conduct of criminal and sex-offender background checks.


ADOPTED 04-23-2013

7.1100 INFORMATION PROVIDED BY APPLICANT OR EMPLOYEE

Legal References: G.S. 115C-47(18), -325(e)(1)(o)

All information provided to the FLA Board and/or Principal by an applicant for employment or by an employee must be true, accurate, and complete to the best of that applicant's or employee's knowledge. Presenting information to the FLA Board and/or Principal that is intended to defraud, falsify, materially misrepresent, or conceal the truth shall be considered just cause for terminating the application process or, as a violation of Board policy, grounds for dismissing an employee.


ADOPTED 12-03-2013

7.1200 CODE OF ETHICS AND PROFESSIONAL STANDARDS OF CONDUCT FOR EDUCATORS

Legal References: G.S. 115C-36, 47; Developed by the North Carolina Professional Practices

Commission- June 5, 1997

Cross References: 7.1600 Employee-Student Relations 7.1700 Employee Conflict of Interest

The NC Code of Ethics for Educators exists to define standards of professional conduct. The responsi- bility to teach, the freedom to learn, and the guarantee of equal opportunity for all are essential to the achievement of these principles.

The professional educator shall acknowledge the worth and dignity of every person, demonstrate the pursuit of truth and devotion to excellence, acquire knowledge, and nurture democratic citizenship.

The professional educator shall exemplify a commitment to the teaching and learning processes with accountability to the students, maintain professional growth, exercise professional judgment, and personify integrity.

The professional educator shall strive to maintain the respect and confidence of colleagues, students, parents, and the community, and to serve as an appropriate role model.

I. COMMITMENTS

To meet these standards, the professional educator makes the following commitments

A. to the Students:

1. To protect students from conditions within the educatorʼs control that circumvent learning or which are

detrimental to the health and safety of students; 2. to maintain an appropriate relationship with students in all settings; 3. to not encourage, solicit, or engage in a sexual or romantic relationship with students; 4. to not touch a student in an inappropriate way for personal gratification, with intent to harm, or out of

anger; 5. to evaluate students and assign grades based upon the studentsʼ demonstrated competencies and

performance; 6. to discipline students justly and fairly and not deliberately embarrass or humiliate them; 7. to hold in confidence information learned in professional practice except for professional reasons or in

compliance with pertinent regulations or statutes; and 8. to refuse to accept significant gifts, favors, or additional compensation that might influence or appear

to influence professional decisions or actions.

B. to the School:

1. To utilize available resources to provide a classroom climate conducive to learning to the maximum

possible extent; 2. to acknowledge the diverse views of students, parents, and colleagues as they work collaboratively to

shape educational goals, policies, and decisions; 3. to not proselytize for personal viewpoints that are outside the scope of professional practice;

4. to not abandon contracted professional duties; 5. to participate actively in the professional decision-making process and support the expression of

professional opinions and judgments by colleagues in decision-making processes or due process proceedings; and

6. when acting in an administrative capacity, to

a. act fairly, consistently, and prudently in the exercise of authority with colleagues, subordinates,

students, and parents; b. evaluate the work of other educators using appropriate procedures and established statutes

and regulations; c. protect the rights of others in the educational setting; d. not retaliate, coerce, or intentionally intimidate others in the exercise of rights protected by law;

and e. recommend persons for employment, promotion, or transfer according to their professional

qualifications, the needs and policies of the school, and according to the law.

C. to the Profession:

1. To provide accurate credentials and information regarding licensure or employment and not knowingly

assist others in providing untruthful information; 2. to take action to remedy an observed violation of the Code of Ethics and promote understanding of the

principles of professional ethics; and 3. to pursue growth and development in the practice of the profession and use that knowledge to

improve the educational opportunities, experiences, and performance of students and colleagues.

II. PROFESSIONAL STANDARDS OF CONDUCT

The Falls Lake Academy Board of Directors is committed to providing all students with teachers who aspire to excellence, have the vision to use all necessary resources to ensure that students reach their highest potential, and who are respectful and nurturing as they inspire their students to learn.

Further, the Board is dedicated and committed to providing all teachers with opportunities and resources to further their growth as professional educators. To that end, the performance of every teacher is assessed and the teacher is provided with constructive feedback through a formal evaluation and review process targeted to enhance professional growth.

In addition, it is the Board’s expectation that all teachers, regardless of their years of experience, adhere to certain professional standards of performance as set forth in this policy. The Board hereby adopts the following standards as the Professional Standards of Conduct and Performance for all teachers employed by Falls Lake Academy, Inc.:

1. Read and adhere to the Code of Ethics for North Carolina Educators (contained in this policy, see

above). 2. Comply with all Board policies regarding appropriate and/or prohibited behavior with students,

including electronic communications with students directly through electronic means or through the internet. 3. Direct all complaints regarding the work environment to the appropriate supervisors and/or file

grievances instead of acting to undermine or diminish the authority of coworkers and supervisors. 4. Avoid confrontations with co-workers, including( but not limited to) engaging in actions or conversa-

tions which the teacher knows or should know will result in an actual disruption.

5. Implement and manage a comprehensive Classroom Behavior Management Plan to ensure minimal

student disruption to and optimal student safety in the educational environment, and refer to office and/or guidance when necessary. This plan shall be congruent with LEA and State policies and procedures and aligned to the philosophical beliefs of the school. 6. Establish and maintain respectful and open communications and relationships with parents. 7. Respond to all parent inquiries, complaints, and/or concerns in a timely and professional manner. 8. Comply with all administrative directives in a thorough, timely, and professional manner, including

written directives regarding specific issues or behaviors. 9. Perform all assigned and/or accepted extracurricular and non-instructional duties in a timely and

professional manner. 10. Participate in and complete any required professional development activities, and implement the

same with a continued focus on enhancing student learning. 11. Participate in all required meetings, including staff meetings, student academic meetings, and

required meetings for students with special needs, in a professional manner, and in conformity with all legal requirements including compliance with local, state and federal laws and legal requirements regarding confidentiality. 12. Complete and transmit all required reports and other documentation in a timely and professional

manner based on the given directives and parameters of the supervisor. 13. Begin each dayʼs work at the time designated by the principal, ready and prepared to complete all

assigned duties.

The failure or unwillingness of a licensed employee to comply with the professional standards of conduct and performance listed herein may result in disciplinary action up to and including possible termination of employment with FLA. In all matters concerning a licensed employee’s compliance with this policy, consideration shall be given to the impact on the education of a student or group of students and on the overall educational environment of the school.


ADOPTED 4-19-16

7.1600 EMPLOYEE STUDENT RELATIONS

Legal References: Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106; G.S. 14-27.7, -202.4; 115C-47(18); 16 N.C.A.C. 6C .0601, .0602; State Board of Education Policy TCP-C-014

Cross References: 1.7100 Prohibition Against Discrimination, Harassment and Bullying; 1.7200/4.3501/7.1512 Discrimination, Harassment and Bullying Complaint Procedures; 7.4940 Employee Responsibilities

For the purposes of this policy, the term “employees” includes, but is not limited to, all employees, volunteers, student teachers, independent contractors and school resource officers.

The relationship between employees and students should be one of cooperation, understanding, and mutual respect. Employees have a responsibility to provide an atmosphere conducive to learning, and to motivate each student to perform to his/her capacity.

Employees shall strive to secure individual and group discipline, and should be treated with respect by the students.

Employees are expected to model the behavior expected of students in employee-student relationships.

Employees are exposed daily to a great deal of confidential information. Keeping information confidential is a job requirement for all employees. Employees shall not disseminate, release, disclose or discuss confidential information to or with relatives or others not employed by the school. Employees shall only disseminate, release, disclose or discuss confidential information to or with other school employees as it is necessary to the benefit of the individual or to carry out the objectives of the school. Violation of this requirement may result in disciplinary action.

All employees are prohibited from dating, courting, or entering into a romantic or sexual relationship with any student enrolled in any public school system, regardless of the student's age. Romantic or sexual advances toward students by employees or romantic or sexual relationship between school system employees and students enrolled in any public school system are never appropriate, whether or not they are consensual or otherwise outside the definition of sexual harassment.

Such relationships are prohibited. Employees engaging in such inappropriate conduct or relationships shall be subject to disciplinary action, up to and including dismissal, and may be subject to criminal prosecution as provided in the North Carolina General Statutes.

Employees are to maintain an appropriate relationship with students at all times. Having a public personal website or online networking profile or allowing access to a private website or private online networking profile is considered a form of direct communications with students. Employees are encouraged to block students from viewing any material or profiles that are not age appropriate. Any employee found to have created and/or posted inappropriate content on a website or profile that has a negative impact on the employee’s ability to perform their job as it relates to working with students will be subject to discipline, up to and including dismissal.

Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, shall report this information to the Executive Director or his/her designee. An employee who fails to inform the Executive Director or his/her designee of a reported or suspected inappropriate relationship between an employee and a student may be subject to disciplinary action, up to and including dismissal.


ADOPTED 07-10-2013

Revised 10-07-2014

7.2100 PERSONNEL FILES

Legal References: No Child Left Behind Act of 2001

20 U.S.C. 6311(h)(6) Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et. seq G.S. 114-19.2; 115C-36, -47(18), -209.1, -288(g), -319 to -321, -325(b) 16 N.C.A.C. 6C .0313

Cross References: 7.1100 INFORMATION PROVIDED BY APPLICANT OR EMPLOYEE

Personnel files for all employees shall be maintained in the office of the Principal(s) assigned to oversee and supervise employees of the Board as required by law. Principals and other administrators are directed to ensure that all appropriate employment-related information is submitted to the files. Employees shall be provided all procedural protections as provided by law and relevant Board policy. The chief FLA administrator has overall responsibility for granting or denying access to personnel records consistent with the provisions of this policy.

I. RECORDS MAINTAINED IN PERSONNEL FILE

At a minimum, the following records shall be maintained in each employee’s personnel file:

- application for employment and related / supplemental documentation, including (but not limited

to) professional resume/vita, letters of reference, statements of educational philosophy - medical information relative to employment - criminal record check - professional evaluation reports made by the administration - commendations for and complaints against the employee - written suggestions for corrections and improvements made by the administration - certificates - employeeʼs standard test scores - employeeʼs academic records - other pertinent records or reports

II. PLACEMENT OF RECORDS IN PERSONNEL FILE

All evaluations, commendations, complaints or suggestions for correction or improvement shall be placed in each employee’s personnel file after the following requirements are met:

- The document, note, or comment has been signed and dated by the person making the

evaluation, commendation, complaint, or suggestion; and - The supervisor has attempted to resolve any issues raised in a letter of complaint and docu-

mentation of such efforts is attached with the supervisorʼs recommendation as to whether the complaint contains any invalid, irrelevant, outdated, or false information. - The employee has received a copy of the evaluation, commendation, complaint, or suggestion

written about him/her at most five days before it is placed in the personnel file.

All written complaints that are signed and dated must be submitted to the file regardless of whether or not the supervisor considers the complaint to be resolved.

1

Supervisors are expected to use good judgment in determining when documents should be submitted to the personnel file immediately and when a delay is justified, such as when there exists a plan of improve- ment that is frequently revised. However, all evaluations, commendations, complaints, or suggestions for correction or improvement should be submitted by the end of the school year or in time to be considered in an evaluation process, whichever is sooner.

Employees may offer a denial or explanation of any evaluation, commendation, complaint, or suggestion, and any such denial or explanation shall become part of his/her personnel file provided it is signed and dated. This regulation does not prevent a Principal from keeping a copy of any evaluation or giving the teacher a copy of such evaluative material for his/her file.

The supervisor may exercise his/her authority not to place in an employeeʼs file a letter of complaint that contains invalid, irrelevant, outdated, or false information or a letter of complaint where there is no documentation to support the complaint or of an attempt to resolve the issue.

III. ACCESS TO PERSONNEL FILES

1. Personnel files of employees of the Board, former employees of the Board, or applicants for employment with the Board shall not be subject to inspection by any person except as provided by law and in Board policy. Personnel files are understood to consist of any information gathered by the Board which employs an individual, previously employed an individual, or considered an individual's application for employment, and which information relates to the individual's application, selection, or non-selection, promotion, demotion, transfer, leave, salary, suspension, performance evaluation, disciplinary action, or termination of employment, wherever located and in whatever form.

2. Every employee has the right during regular working hours to inspect his/her personnel file, provided adequate notice is given to the Principal in whose office the file is housed to allow him/her to arrange for secure viewing of the file and its contents.

Confidential pre-employment data or other information collected in the application review and/or interview process, including but not limited to letters of reference obtained about an employee before his/her employment by the Board, may be ordered by the Board or determined by the chief FLA administrator to be kept separate from the regular personnel file and not made available to the employee.

3. Access to a personnel file may be permitted to the following persons without the consent of the employee about whom the file is maintained:

- those school officials involved in the screening, selection or evaluation process of the individual

for employment or other personnel action; - members of the Board, if its examination of the file relates to the duties and responsibilities of

the Board member(s); - the Board attorney; - the chief FLA administrator and other supervisory personnel; - the case manager in a demotion or dismissal procedure regarding the employee; and - law enforcement personnel in order to assist in the investigation of a report made to law

enforcement or regarding an arson, an attempted arson, or the destruction of, theft from, embezzlement from, or embezzlement of any personal or real property owned by the Board.

2

4. No other person may have access to a personnel file except under the following circumstances:

- When an employee gives written consent to the release of his/her records. Such written

consent must specify the records to be released and to whom they are to be released. Each request for consent must be handled separately; blanket permission for release of information shall not be accepted. - When subpoenaed or pursuant to court order. - When the Board has determined and the Principal has documented that the release or

inspection of information is essential to maintaining the integrity of the Board or the level of quality of services provided by the Board. Each request for consent to release records must be handled separately.

5. It is a criminal violation for an employee or Board member to do either of the following:

- knowingly, willfully, and with malice permit any unauthorized person to have access to

information contained in a personnel file; or - knowingly and willfully examine, remove, or copy a personnel file that he/she is not specifically

authorized to access.

IV. PUBLIC INFORMATION

The following information contained in all employees’ personnel files is public record and may be released to members of the general public upon request:

- name; - date of original employment or appointment; - the terms of any past or current contract by which the employee is employed, whether written or oral, to the extent that the Board has the written contract or a record of the oral contract in its possession; - current position; - title; - current salary (includes pay, benefits, incentives, bonuses, deferred compensation, and all other

forms of compensation paid to the employee); - date and amount of most recent increase or decrease in salary; - date of most recent promotion, demotion, transfer, suspension, separation, or other change in

position classification; and - current assignment.

The name of a participant in the North Carolina Address Confidentiality Program is not a public record, is not open to inspection, and must be redacted from any records released.

Volunteer records are not considered public records.

Unless an employee submits a written objection to the Principal, the Board also may make the following information available about each employee as part of an employee directory:

- name; - address; - telephone number; - photograph; - participation in officially recognized activities and sports; and - degrees and awards received.

3

Employees shall be notified of their right to object before any such directory is compiled or revised.

Under no circumstances will the following be released pursuant to a public records request or as part of an employee directory:

- personal identifying information, or - name, address or telephone number of a participant in the North Carolina Address

Confidentiality Program.

V. VERACITY OF INFORMATION

All information provided by an applicant for employment or by an employee must be true, accurate, and complete to the best of that applicant's or employee's knowledge (7.1100 INFORMATION PROVIDED BY APPLICANT OR EMPLOYEE). It shall be a violation of Board policy and, therefore, grounds for dismissal, for an employee to present information which is intended to defraud or materially misrepresent or conceal the truth. Furthermore, the presentation of such information by an applicant for employment shall be considered just cause for termination of the application process.

VI. REMOVAL OF RECORDS

Any employee may petition the Board to remove any information from his/her personnel file that he/she deems invalid, irrelevant, or outdated. The Board may order a Principal to remove said information if it finds the information is invalid, irrelevant, or outdated. Such petitions shall be in writing, signed by the employee, and submitted to the Principal responsible for the employee’s supervision.

Such petitions shall identify the specific information in question and the reasons for claiming it is invalid, irrelevant, or outdated.

The Board shall review the petition and the information in question and may make a decision including, but not limited to, the following:

- deny the request for removal; - make a specific finding that the information in question is "invalid, irrelevant, or outdated," and

instruct the Principal to remove the information in question from the employee's file; - make a specific finding that the information in question is "invalid, irrelevant, or outdated," but

decide to leave the information in question in the employeeʼs file and add a copy of the petition and the Principal’s recommendation; - request more written information from the petitioner and/or the person who submitted the

information in question for placement in the petitioner's personnel file; - schedule a hearing to allow both parties to present additional information; or - such other appropriate action as the Board may deem proper.

The decision of the Board is final.


ADOPTED 07-10-2013

7.3600 JOB DESCRIPTIONS

Legal References: G.S. 115C-47(18), -307

Job descriptions shall be developed for all employee positions. Each job description must identify the essential functions of the position and should stress expected working relationships with other employees and whatever duties are directly or indirectly related to student performance.

Job descriptions will be used as criteria in screening applicants and evaluating employees. Job descriptions will also be used in organizational planning, budgeting and personnel administration.

Job descriptions shall be kept on file and available to employees and applicants in the office of the Principal.

A. Certified employees. At a minimum, the following contractual provisions shall be included in the job description for every certified position:

1) Teach or otherwise carry out professional educational duties and responsibilities as assigned by job description for the position to which the employee is assigned, including:

a) supervision of all assigned students to ensure their continued safety and well-being while

so assigned; b) instruction and assessment of all assigned students in accordance with the practices and pro-

cedures adopted by the FLA Board of Directors and administered by the Principal; and c) enthusiastic implementation of the Project-Based Learning curriculum and related instruc- tional and assessment strategies as developed by the FLA professional staff.

2) Support the mission and objectives of Falls Lake Academy as developed and adopted by the FLA Board of Directors.

3) Maintain a valid, current NC teaching license, or, if not yet licensed, continue active pursuit of a valid, current NC teaching license.

4) Participate in all professional development, staff meetings, parent conferences, and all other professional events and activities organized and directed by the FLA administration and/or Board of Directors.

5) Conduct himself/herself in a professional manner at all times when representing Falls Lake Academy, both at school and away from school, including the personal adoption and display of those standards of dress, behavior, and decorum expected of FLA personnel as outlined in the FLA Staff Handbook.

6) Be a positive role model for children and youth in the school and the community.

7) Fulfill and carry out all additional professional duties and responsibilities as assigned by the FLA Principal.

B. Classified employees. At a minimum, the following contractual provisions shall be included in the job description for every classified position:

1) Teach, assist classroom teacher(s), perform office and/or administrative duties, or otherwise carry out duties and responsibilities as assigned above, including:

a) supervision of all assigned students to ensure their continued safety and well-being while so

assigned; b) instruction and assessment of all assigned students in accordance with the practices and pro-

cedures adopted by the FLA Board of Directors and administered by the Principal; and c) enthusiastic implementation of the Project-Based Learning curriculum and related instructional

and assessment strategies as developed by the FLA professional staff.

2) Support the mission and objectives of Falls Lake Academy as developed and adopted by the FLA Board of Directors.

3) Participate in all professional development, staff meetings, parent conferences, and all other professional events and activities organized and directed by the FLA administration and/or Board of Directors.

4) Conduct himself/herself in a professional manner at all times when representing Falls Lake Academy, both at school and away from school, including the personal adoption and display of those standards of dress, behavior, and decorum expected of FLA personnel as outlined in the FLA Staff Handbook.

5) Be a positive role model for children and youth in the school and the community.

6) Fulfill and carry out all additional professional duties and responsibilities as assigned by the FLA Principal.


ADOPTED 08-13-2013

7.3610 CATEGORIES OF EMPLOYMENT, PAY AND BENEFITS

Falls Lake Academy employs personnel in several different categories, each with separate remuneration systems based on level of responsibility and required professional certification.

I. FULL-TIME EMPLOYEES

A. Categories of Full-Time Employment

1. Administrators

- Principals, Assistant Principals - Curriculum Coordinators, designated Program Coordinators - Directors - Office Manager, Administrative Assistants

2. Instructional personnel

- Classroom teachers - Core subject-area teachers - EC program teachers - Elective and other non-core subject-area teachers

B. Workday Requirements

1. All full-time employees are FLSA-exempt and are required to be at work every day of the Board-approved school calendar’s designated workdays, inclusive of those hours as assigned by their supervisors.

2. All full-time employees are required to attend meetings, workshops, parent conferences, and student events and programs outside the regular school day as assigned by their supervisors.

3. All full-time employees are required to attend and/or coach/direct those extracurricular activities and events assigned by their supervising Principal(s), including all time needed to ensure student supervision and safety before, during, and after such activities and events.

C. Pay and Benefits

All full-time employees shall be paid on a schedule specified in the Board’s annual budget resolution. Such salary schedules shall include provision for differentiation of salary amounts according to attained college/university degrees and professional certification as established and recognized by the North Carolina State Board of Education.

Any payment of additional annual salary supplements and/or performance bonuses shall be determined by the Board at the end of each fiscal year.

All full-time employees shall be entitled to participate in the State Health Plan of health care insurance at those rates and provisions as are offered in the Plan each year.

The Board reserves unto itself the right to offer those additional employment benefits as it deems reasonable, appropriate, and affordable. Any additional benefits (other than participation in the SHP) offered by the Board are limited to one fiscal year at a time, subject to annual review and renewal.

II. PART-TIME EMPLOYEES

A. Categories of Part-Time Employment

1. Teacher assistants 2. Non-staff athletic coaches 3. After-school program workers 4. Substitute teachers

B. Workday Requirements

Part-time employees are defined as those who work 36 hours or less during the course of a typical five- day workweek.

Part-time employees are required to work up to the 36-hour-per-week limit as assigned by their supervising Principal(s), but shall not be compelled to work past the 36-hour-per-week limit against their will. Daily work schedules may be inclusive from the time the employee reports to work until his/her work-time assignment is done, or it may be broken up to include specified periods of non-assigned, uncompensated time between periods of assigned work responsibilities each day.

All time worked more than 36 hours in any given week shall be compensated in identical amounts of compensatory time off, scheduled at the mutual convenience of the employee and his/her supervising Principal. The Office Manager shall keep a record of all compensatory time owed and taken by all part- time employees. [NOTE: this provision does not apply to non-staff athletic coaches.]

Part-time employees who work in a separate FLA program and/or capacity outside the designated hours of their regular part-time employment shall be paid separately for that work. Time spent at work in these secondary outside capacities does not constitute additional time in their primary assignments and is not eligible for compensatory time off.

C. Pay and Benefits

All part-time employees shall be paid on a schedule specified in the Board’s annual budget resolution. Such salary schedules may, but are not required to, include provision for differentiation of salary amounts according to attained college/university degrees and professional certification, at the discretion of the Board.

Any payment of additional annual salary supplements and/or performance bonuses shall be determined by the Board at the end of each fiscal year.

Part-time employees are generally not eligible for compensation benefits. However, the Board reserves unto itself the right to offer those additional employment benefits from time to time as it deems reasonable, appropriate, and affordable. Any benefits offered by the Board to part-time employees are limited to one fiscal year at a time, subject to annual review and renewal.


ADOPTED 07-10-2013

7.3800 PERSONNEL SUPERVISION AND MANAGEMENT

Legal References: G.S. 115C-47(18), -307

Cross References: 1.0120 LINE AND STAFF RELATIONS

1.7100 PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT, AND

BULLYING 1.7200-4.3501-7.1512 DISCRIMINATION, HARASSMENT AND BULLYING COMPLAINT

PROCEDURES 1.7500-7.1500 GRIEVANCE PROCEDURES 1.7600 PROHIBITION AGAINST RETALIATION 7.1000 RECRUITMENT AND SELECTION OF PERSONNEL 7.2100 PERSONNEL RECORDS 7.3600 JOB DESCRIPTIONS 7.3900 EMPLOYEE EVALUATION 7.4400 EMPLOYEE TERMINATION

The responsibility for all aspects of personnel supervision and management of all employees of the Board rests with the FLA administrative staff under the direction of the chief administrator. The scope of such supervision and management shall be understood to include, but not necessarily be limited to, the following:

1. The development, review, and periodic upgrading (with Board approval) of Job Descriptions for all positions in which personnel are recruited and/or hired (7.3600 JOB DESCRIPTIONS).

2. Recruitment for all open positions approved by the Board for hiring, review of all applications, selection of candidates for interview, conducting of interviews, and recommendations to the Board for employment (7.1000 RECRUITMENT AND SELECTION OF PERSONNEL).

3. Exercising professionalism and judicious application of state law and all applicable Board policy, the supervision of all employees in the discharge of their professional and contractual duties, including daily and extended-period oversight and supervision, employee evaluation, and the administration of disciplinary measures when warranted and appropriate (1.7100 PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT, AND BULLYING; 1.7600 PROHIBITION AGAINST RETALIATION; 7.3900 EMPLOYEE EVALUATION).

4. Having determined that an employee’s job performance does not meet expectations and/or accepted standards, having exhausted all reasonable attempts to effect positive change and/or improvement in that employee’s job performance, and having determined that no further efforts in this regard are appropriate and/or warranted, making recommendation to the Board for termination (7.4400 EMPLOY- EE TERMINATION).

The official employment file and all related records, documents, and summative evaluations (7.2100 PERSONNEL RECORDS) shall be housed in the office of the Principal to whose school division each employee is assigned.

All personnel management actions and responsibilities which are generally assigned to and carried out by a school system’s Human Resources or Personnel Office are the responsibility of the chief FLA administrator and the Principal(s).


ADOPTED

7.3900 EMPLOYEE EVALUATION

Legal References: G.S. 115C-47(18), -286.1, -325, -333

State Board of Education Policies TCP-C-004, -005

Cross Reference: 1.7500-7.1500 GRIEVANCE PROCEDURES

7.4400 EMPLOYEE TERMINATION

The Board attaches a high priority to securing the most competent personnel available and, once they are employed, in assisting them in their professional growth and development through their careers. An effective evaluation program that clearly describes an employee's performance is a critical aspect of professional growth and assistance.

I. EMPLOYEE EVALUATION

A. Evaluation System Adoption: Falls Lake Academy shall establish and maintain, with appropriate systemic development and periodic systemic review, a comprehensive system of employee evaluation that incorporates standard workplace observations, supervisor-employee conferences, examination of employees’ work and attendance records and employee contract provisions, and all other documents and records deemed pertinent by evaluating supervisors (“work records”).

The Board may or may not, at its discretion, authorize the use of whatever standard evaluation system is in use by the public schools of North Carolina during any given year or period of time. In order to give FLA staff and administrators a chance to become familiar and/or receive necessary training, if the NC system is not going to be adopted for use in any given school year, another system shall be adopted for use during the following school year not later than April 15th of the previous year. If another system is not adopted by April 15th in any given year, the NC system shall be considered to be the system in use for the following school year.

B. Supplementary Performance Assessments: Supervising evaluators are expected to use supplementary means of assessing performance in addition to the state and Board-adopted performance standards, assessment rubrics, and evaluation instruments, including but not limited to: additional formal and informal observations, conferences, reviews of lesson plans and grade books, interactions with employees, observed employee interactions with parents, assigned plans of improvement, participation in staff development, student achievement, and any other indicators of performance deemed appropriate by the supervising evaluator.

Student performance and other student outcome data also may be considered as a part of the evaluation of professional personnel. Multiple means of assessing student performance must be used whenever possible. If only one method of measurement of student performance is used, it must be a clearly valid tool for evaluating an employee’s impact on student performance.

C. Periodic Review: As part of the standard evaluation process, all employees shall undergo – at a minimum – a mid-year and a year-end evaluation review which shall include evaluators’ suggestions and directives for activities and corrections to established and/or exhibited work components designed to improve the employees’ work performance and effectiveness.

D. Accountability of Supervising Evaluators: Throughout the evaluation process, supervising evaluators shall be held accountable for following the Board-adopted evaluation system and all applicable state and Board-approved guidelines on the evaluation of employees.

E. Recognition: Evaluators must clearly identify employees’ exemplary performance as well as their deficiencies in performance. All supervising evaluators are encouraged to develop ways to recognize exemplary performance and to capitalize on the abilities of such exemplary employees in helping other employees. Supervising evaluators are encouraged to involve employees in developing these procedures.

F. Improvement Plans: Evaluating supervisors shall construct clear plans for work performance and/or effectiveness for individual employees when, in their opinion, an employee’s work record (see “A” above) warrants improvement. All such plans must include specific goals, the attainment (or lack thereof) of which will be assigned specific deadlines, at which times conferences will be held between employee and evaluating supervisor to examine and determine the extent to which these goals have or have not been reached.

G. Use of Evaluation Data: Evaluation data shall be used in making employment decisions, including decisions related to professional development and assistance provided, career status, suspension, demotion, and dismissal of employees (see 7.4400 EMPLOYEE TERMINATION).

II. ASSIGNED SUPERVISING EVALUATORS

A. Classified Staff: Classified staff members shall be evaluated by the Principal(s) of the building(s) to which they are assigned.

B. Professional Instructional and Support Staff: All staff members serving in professional instructional (teachers) and support (counselors, etc.) positions, whether degreed and/or certified or not, shall be evaluated by the Principal(s) to which they report and are accountable.

All such evaluations, including those carried out with respect to non-degreed and/or non-certified staff members serving in professional positions, shall be accomplished using Board-approved evaluation instruments and procedures designed for use with similarly-serving certified professionals in other schools. No variation with respect to evaluation instruments or procedures shall be allowed or instituted for non-degreed and/or non-certified staff members serving in professional positions.

C. Administrators: All FLA administrators except the chief administrator, whether [Lead] Principal or Managing Executive Director (if/when such or similar position is ever activated and filled by the Board), shall be evaluated by the Principal(s) to which they report and are accountable.

D. Chief Administrator: The FLA chief administrator, whether [Lead] Principal or Managing Executive Director (if/when such or similar position is ever activated and filled by the Board), shall be evaluated by the full Board under the direction of the Board chair.

III. QUESTIONS, CONCERNS, AND DISPUTES

An employee who is unclear and/or concerned about how his/her performance is being assessed and/or such evaluation is being used, or who desires additional evaluation opportunities, should address these issues with his/her immediate supervising evaluator. If the employee’s concerns are not answered to his/her satisfaction, he/she should pursue redress through the application of those procedures outlined in Board policy 1.7500-7.1500 GRIEVANCE PROCEDURES.

IV. PROCEDURES AND STAFF TRAINING

The FLA chief administrator shall develop all necessary procedures and shall provide training, as necessary, to carry out the Board’s directives and to meet state requirements.


ADOPTED

7.4400 EMPLOYEE TERMINATION

Legal References: G.S. 90 art. 5,143 art. 60

G.S. 115C-287.1, -307, -325 16 N.C.A.C. 6C .0502

Cross References: 7.3900 EMPLOYEE EVALUATION

The Board recognizes that an effective professional and classified staff is critical to the smooth operations of the school and to creating a learning environment where students are able to succeed. When an employee is unable or unwilling to meet performance expectations, the Board shall consider whether or not termination is appropriate.

I. EMPLOYMENT STATUS

All Falls Lake Academy staff members are employees of Falls Lake Academy, Inc. Falls Lake Academy, Inc. is an “at-will” employer. As such, either Falls Lake Academy, Inc. or the employee may terminate the employment relationship at any time for any reason. Acceptance and signing of employment contracts in no way abrogates or modifies this at-will nature of the employee’s employment status with Falls Lake Academy, Inc.

II. REASONS FOR TERMINATION

A. Statutory: All legal procedures and contractual provisions, including those prescribed in G.S. 115C- 325(e)(1), shall be followed in the termination of employees. This section of the statute specifies that employees may be terminated for the following reasons:

- Inadequate performance. - Insubordination. - Immorality. - Neglect of duty. - Physical or mental incapacity. - Habitual or excessive use of alcohol or non-medical use of a controlled substance. - Conviction of a felony or crime involving moral turpitude. - Advocating the overthrow of the government of the United States or of the state of North

Carolina by force, violence, or other unlawful means. - Failure to fulfill the duties and responsibilities imposed upon teachers by the General Statutes.

[As applicable to FLA teachers, as defined by the Board.] - Failure to comply with such reasonable requirements as the Board may prescribe. - Any cause that constitutes grounds for the revocation of a teacherʼs teaching certificate.

[Licensed personnel only.] - A justifiable decrease in the number of positions due to school reorganization or decreased

enrollment. - Failure to maintain oneʼs certificate in current status. [Licensed personnel only.] - Failure to repay money owed to the state in accordance with the provisions of GS Art 60 ch 143. - Providing false information or knowingly omitting a material fact on an employment application

or in response to a pre-employment inquiry.

B. Inadequate Performance: All supervising evaluators shall comply with policy 7.3900 EMPLOYEE EVALUATION. They shall provide the FLA chief administrator with carefully-documented evidence concerning a staff member’s inadequacies and/or lack of competencies when such deficiencies and/or lack of competencies have led to the recommendation of termination. These documents shall also show

ways in which the supervising evaluator has endeavored to help the employee become a more effective professional. In the interest of students and the welfare of the school system, termination may be pursued regardless of whether the supervising evaluator has met these expectations, so long as the legal grounds for seeking such termination can be sufficiently demonstrated.

C. Other Reasons: In keeping with all employees’ “at-will” employment status, any employee may be dismissed at any time by action of the Board, for any reason(s) the Board can agree upon.

III. TERMINATION PROCEDURES

All termination actions against FLA employees shall require specific Board action according to the following steps:

1. Recommendation of the FLA chief administrator or one or more members of the Board to

consider termination of a specific employee for a reason or reasons to be discussed with and considered by the full Board. 2. Convening of the full FLA Board of Directors in a regular or called meeting. 3. Board vote to move into closed session for the purpose of considering personnel matters. 4. Thorough confidential discussion of the recommendation brought by the FLA chief

administrator and/or one or more members of the Board to terminate an employee. 5. Board vote to move back into open session.

If the closed-session discussion yields no consensus to move for termination, no further steps are to be taken. If, however, the closed-session discussion yields a consensus among Board members to move for termination, or if one or more Board members maintain a strong conviction that such action is still necessary, even in the absence of consensus, then the following additional steps shall be taken once the Board returns to open session:

6. The Board chair shall entertain a motion to terminate. 7. If/when such a motion is properly made and seconded, the Board shall vote.

Termination of an employee shall require a two-thirds majority vote of the Board. If the motion fails, no further action shall be taken. If, however, the motion to terminate passes, these final additional steps shall be taken:

8. The Board Secretary shall draft a letter to the employee stating the Board’s decision and

outlining in as brief and concise a manner as possible the reason(s) for such action and the timeline in which the employee’s termination is to become effective. The letter shall be signed by the Board Chair. 9. The letter shall be delivered personally to the terminated employee by the FLA chief

administrator if the employee is still physically present. [In the case of the terminated employee being the FLA chief administrator, the letter shall be delivered personally by the Board Chair.] If not, it shall be mailed via certified mail.


ADOPTED 07-10-2013

7.4800 EMPLOYEE LEAVE

Legal reference: G.S. 95-28.3

Family and Medical Leave Act of 1993, as amended U.S.C.S. §260l 29 C.F.R. Part 825, Code of Federal Regulations, Title 29 National Defense Authorization Act of 2008, Pub. L. 110-181, § 585 Uniformed Services Employment & Reemployment Rights Act, 38 U.S.C. 4301 et seq. G.S. 115C-12, 47, -302.1(g), -302.1(g1) 16 N.C.A.C. 6C .0406

I. PAID TIME OFF (“PTO”)

In addition to the designated holidays and other non-school days in each year’s school-year calendar, all employees of the Falls Lake Academy Board of Directors shall earn one PTO day for each calendar month of their annual employment contract: 10-month employees earn 10 days each year, 11-month employees earn 11 days each year, 12-month employees earn 12 days each year.

The Board offers PTO days in lieu of sick or personal leave.

PTO days may be taken by employees only according to the following provisions:

- PTO days may be taken at any time during the school year the employee chooses to take them. [Note one exception: employees must obtain approval of the Principal before taking PTO days during designated teacher workdays. Failure to do so can result in disciplinary action.] - Except in cases of unexpected illness or emergency circumstances, employees must give

advance notice before taking a PTO day. Employees are asked to give as much notice as possible in order to give the administration time to arrange classroom and/or duty assignment coverage. - The total number of an employee’s contractually earned PTO days for each year is available to

that employee at the beginning of each school year. - Unused PTO days roll over to the subsequent school year, except that employees may only accumulate a maximum of 30 unused PTO days. Beyond that, unused PTO days are altogether forfeit. - FLA does not reimburse employees for unused PTO days while employed or upon termination

of employment for any reason. - When an employee exceeds his/her annual “allotment” of PTO days and has none accumulated,

each absence for the remainder of that school year must be taken without pay.

II. FLEX LEAVE

The Principal has the authority to arrange for flex leave days and/or portions of days when an employee requests it. In such cases, the employee would be allowed to be absent without use of his/her PTO days allotment, and would arrange to work on another day and/or at another time with the Principal’s approval. Principals are instructed to keep this practice to an acceptable minimum, and to approve it only when the circumstances clearly favor it.

III. VOLUNTARY SHARED LEAVE

FLA employees may “donate” leave under the voluntary shared leave provision of this policy when another employee encounters an emergency and/or extreme situation requiring his/her absence from work for an extended time past the point where he/she exhausts his/her PTO days allotment:

- Such donation of leave time is strictly voluntary; the donating employee permanently loses

access to donated leave days. - Donated leave time must come from the donating employee’s accumulated days; no employee

may donate any part of the current year’s PTO allotment. - No employee may donate more than five accumulated PTO days in any given year. - A receiving employee may receive donated days of voluntary shared leave from multiple donors.

IV. PARENT INVOLVEMENT LEAVE

The Board supports and recognizes the value of North Carolina’s legal requirement directing employers to provide leave time for parents of school-age children to participate in school visits, teacher conferences, and other instances of child involvement (G.S. 95-28.3). FLA Principals shall approve requests for Parent Involvement Leave according to the following provisions:

- Parent Involvement Leave must be requested in writing not less than three days in advance. - Requests for Parent Involvement Leave must be approved by the Principal. - Each employee shall be entitled to a maximum of four hours (one-half day) unpaid Parent

Involvement Leave each year, regardless of the number of children the employee has. Limited additional paid leave for the purpose of parent involvement may be negotiated under Section II of this policy, “Flex Leave,” in situations where the circumstances warrant a more intense level of active involvement. - Employees may be requested to furnish written verification from the childʼs school that the

FLA employee approved for Parent Involvement Leave did, indeed, attend or was otherwise involved at the school during the time of that leave. - Parent involvement leave not taken within the fiscal year of employment shall be forfeited. - Employees shall not be entitled to payment for unused Parent Involvement Leave upon

termination of employment by decision of either the employee or the school. - The Board shall not discharge, demote, or otherwise take adverse employment action against

any employee for making request or utilizing the provisions of this policy.

V. FAMILY AND MEDICAL LEAVE

All eligible employees shall be provided with leave as required by the federal Family and Medical Leave Act of 1993 (FMLA) and applicable state laws and State Board of Education policies. The FMLA allows eligible employees to take job-protected unpaid leave, or to substitute all or part of the period of FMLA leave with accrued PTO days, for up to a total of 12 workweeks (26 weeks in certain cases) in any 12- month period for certain qualifying conditions or events. The employee may continue to participate in the schoolʼs group insurance plan while on FMLA leave.

This policy is intended for guidance only and is not intended to alter or expand the schoolʼs responsi- bilities beyond the requirements of law. If any provision of this policy is inconsistent with federal law or regulation, the federal rule must take precedence.

The Board strictly prohibits interfering with, restraining, or denying the ability of any employee to exercise any right provided by the FMLA. The Board also strictly prohibits any type of discrimination against or discharge of an employee who has filed a complaint with regard to the FMLA.

A. Definitions

1. 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 employeeʼs job or prevents the qualified family member from participating in school or other daily activities.

2. Continuing Treatment: Subject to certain conditions, the continuing treatment requirement in the above definition of “serious health condition” may be met by a period of incapacity of more than three 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 a chronic condition. Other conditions may also meet the definition of continuing treatment.

3. Qualified Family Member: A qualified family member is defined as an employeeʼs spouse, child or parent.

4. Instructional Personnel: For purposes of this policy, instructional personnel are considered to be teachers, athletic coaches, special education assistants, and any other employee whose principal function is to teach and instruct students.

5. Qualified Military Service Exigency: A military service exigency that qualifies for FMLA leave must be defined in accordance with federal regulations. Qualified exigencies may include:

a. short notice deployment; b. military events and related activities; c. school and childcare activities; d. financial and legal arrangements; e. counseling; f. rest and recuperation leave; g. post-deployment activities; and h. additional activities agreed upon by the Board and the employee.

6. Other Terms: Unless otherwise noted, all terms in this policy must be defined in accordance with 29 C.F.R. pt. 835.

B. Eligibility

Employees are eligible for unpaid FMLA leave if they have:

1. been employed by the school system for at least 12 months (but not necessarily consecutively); and

2. worked at least 1,250 hours during the previous 12 months.

C. Qualifying Conditions

Except in cases of leave to care for a covered service member with a serious illness or injury, an eligible employee is entitled to a total of 12 workweeks of FMLA leave during any 12-month period for any one or more of the following reasons:

1. the pregnancy or birth and first-year care of the employeeʼs child;

2. adoption of a child by employee or foster placement of a child with the employee;

3. a serious health condition of the employee or the employeeʼs spouse, child, or parent;

4. a qualifying exigency arising out of the fact that the spouse or a son, daughter, or parent of the employee is on or has been notified of an impending federal call to active duty in the National Guard or Reserves (not in the regular Armed Forces) in support of a contingency operation; or

5. to care for a qualified or covered family member who has incurred a serious injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness renders the family member medically unfit to perform his or her office, grade, rank or rating. Leave under this provision may be taken by an employee who is a spouse, son, daughter, parent, or next of kin of the service member for up to 26 weeks.

D. Determining the 12-month FMLA Leave period

The 12-month period during which an employee is eligible for FMLA leave shall be from July 1 to June 30, EXCEPT, the period for leave to care for a qualified or covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later.

E. Entitlement to FMLA Leave

Eligible employees may take leave for qualifying conditions as follows:

1. Medical leave for serious health conditions: an employee may take medical leave for his/her own serious health condition or that of a qualified family member for only a combined total of 12 workweeks during a 12-month period. Such leave may be taken intermittently or on a reduced leave schedule as is medically necessary.

2. Family leave for pregnancy or birth of a child or placement of a child for foster care or adoption: an employee may take leave for the pregnancy or birth of his/her child, placement of a child for foster care with him/her, or adoption of a child by him/her for only a combined total of 12 consecutive work- weeks during the 12-month period immediately following such birth, foster care placement, or adoption. Eligibility for such leave expires 12 months from the birth, foster care placement, or adoption of the child. Such leave must be used in a single block of time unless the Board agrees to another arrangement.

3. Qualified military service exigency: an employee may take leave for a military service exigency for only a combined total of 12 workweeks during a 12-month period. Such leave may be taken intermittently or on a reduced leave schedule.

4. Leave to care for injured service member: an employee who is a covered family member may take leave to care for a qualified family member who is an injured service member for a combined total of no more than 26 workweeks during a single 12-month period. Such leave may be taken intermittently or on a reduced leave schedule. If combined with other types of FMLA leave, the total leave taken in a single 12-month period still may not exceed 26 weeks.

5. Spouses employed by the school: Spouses of an employee who are both employed by the school and eligible for FMLA leave are limited in the amount of family leave they may take for the birth and care of a newborn child, for the placement of a child for adoption or foster care, or to care for a parent who has a serious health condition to a combined total of 12 weeks for all types of FMLA leave, or 26 weeks if leave to care for a covered service member with a serious injury or illness is also used.

F. Intermittent or Reduced Work Schedule

1. Subject to other provisions set forth in this policy, FMLA leave may be taken on an intermittent or reduced leave schedule for a serious health condition of the employee or qualified family member, for

a qualifying military service exigency, injury of a covered or qualified service member, or as otherwise provided herein. The employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the operations of the school. Whenever possible, employees should discuss scheduling with their immediate supervisor prior to scheduling any medical treatment in order to accommodate the employee’s work schedule.

2. An employee requesting intermittent or reduced leave time for medical treatment of a serious health condition may be required to give the reasons for the intermittent or reduced leave schedule and the schedule for treatment.

3. To better accommodate an employee's need for intermittent or reduced leave for a serious health condition, the school may require an employee to take an alternative position during the period of leave. The alternative position must have equal pay and benefits, but it does not have to have equivalent duties.

4. Intermittent leave may be taken in increments of full- or half-days only.

5. Instructional personnel are subject to special rules for taking intermittent or reduced leave. (See section G.)

Instructional employees may use intermittent or reduced-schedule leave only when the employee and his/her supervising Principal have reached an agreement on how the leave will be used.

G. Continuation of Health Benefits

Health care coverage and benefits will be continued for the duration of FMLA leave on the same conditions as would have been provided if the employee had continued working.

Employees do not have the right to the accrual of earned benefits during the leave. If an employee takes intermittent or reduced leave, he or she has the right to maintain the same health care benefits, but earned benefits may be reduced in proportion to hours worked where such a reduction is normally based upon hours worked.

Falls Lake Academy, Inc. may recover from the employee the cost of health insurance premiums paid on behalf of the employee while the employee was on FMLA leave if the employee does not return to work after leave, so long as the reason for not returning does not relate to a serious health condition or to circumstances beyond the employee's control.

H. Record-Keeping Requirement

The Principal shall maintain records of the following information with regard to employees’ requests and/or use of FMLA leave for at least three years:

1. basic payroll and identifying employee data; 2. dates (or hours) of FMLA leave taken by each employee; and 3. premium payments of employee benefits.

Medical information, such as that relating to medical certifications, also shall be maintained in the employee’s secure personnel file in confidential medical records.

Copies of employee notices, including general and specific notices, as well as any other documents describing employee benefits or policies and records of disputes between the school and any employee regarding designation of FMLA leave shall also be maintained for at least three years.

I. Outside Employment

An employee who is on FMLA leave may not engage in self-employment or employment for any other employer while on continuous leave. Falsifying records and failure to correct records known to be false are violations of this policy and shall result in discipline, which may include termination of employment.

VI. PROFESSIONAL LEAVE

The Board recognizes that the effectiveness of the school and its staff is enhanced by a balanced program of relevant professional development. Consequently, the Board grants authority to each supervising Principal to approve or disapprove employee requests for Professional Leave in accordance with the following provisions:

1. All requests for Professional Leave must be submitted in writing not less than three school days prior to the first projected day of the requested leave.

2. Employee-generated requests for Professional Leave may be approved by a supervising Principal for a period of time not to exceed three workdays.

3. FLA professional development funds may not be used for individual employee Professional Leave unless the employee is assigned such participation by the Principal. However, substitute coverage may be funded by either FLA substitute teacher funds or FLA professional development funds, at the Principal’s discretion.

VII. MILITARY LEAVE

An employee shall be eligible for all the considerations of military leave in accordance with the federal Uniformed Services Employment and Reemployment Act (USERRA).

Employees are encouraged to schedule short periods of required active duty during vacation periods so as not to interfere with regular duties of employment. If an employee is going to be absent due to military obligations, the employee must provide advance written notice, except in cases of emergency assign- ment or other conditions that make such advance notice impossible or unreasonable.

For leave periods exceeding 30 days, the employee must also provide written documentation verifying the employee’s requirement to report for performance of military duty.

In accordance with State Board of Education policy, an employee may take up to 15 workdays of paid military leave per federal fiscal year, which runs from October 1 through September 30. After an employee has used all of his/her paid military leave, the employee may choose to use any accumulated PTO days during a period of military service in excess of 15 paid workdays per federal fiscal year.

VIII. LEAVES OF ABSENCE (Leave Without Pay)

Leaves of Absence are governed by the following provisions:

1. Leaves of Absence must be approved in advance by the Board; they must therefore be submitted in writing no later than five days prior to any Board meeting at which the request will be considered. If the request is submitted closer to a Board meeting than five days, the employee may be required to re-submit the request in time to meet the five-day prior deadline before the next Board meeting.

2. A Leave of Absence may be requested and granted by the Board for any length of time, to begin and end at any times mutually agreed upon by the employee and the Board.

3. All Leaves of Absence, regardless of length of time, are unpaid leave. The employee shall not be paid any part of his/her salary during the agreed-upon period of time covered by the Leave of Absence approved by the Board.

4. Employees on Leaves of Absence may still be covered by the State Health Plan while on Leave, but all Health care insurance premium costs are the responsibility of the employee while on approved Leave of Absence.

5. At the end of the period of time designated by the Board’s approval of any Leave of Absence request, the employee shall be entitled to return to work at the same rate of pay and benefits as he/she would otherwise be eligible for if he/she had not taken Leave. There is no guarantee, however, that his/her job title or description would remain the same – he/she may be assigned to another job with a different title, at the discretion of the Principal to whose supervision the employee is assigned upon his/her return to work.

6. In the case that an approved Leave of Absence is granted by the Board for the purpose of seeking and/or earning an advanced degree and/or additional certification, the employee shall be eligible for any increase in salary and/or benefits which accompany the new degree and/or certification if, indeed, the employee completed the requirements for such degree and/or certification while on leave.

IX. UNAPPROVED ABSENCE FROM WORK

Employees of Falls Lake Academy are expected to be at work whenever scheduled to be at work unless unexpectedly ill or faced with unforeseen circumstances requiring them to be absent. In cases where an employee remains absent from work without approval past the limits of time specified in the provisions of this policy for the type of Employee Leave relevant to his/her situation, all such absences shall be taken on an unpaid basis unless the Board specifically takes action otherwise.

Following the fifth consecutive unpaid, unapproved workday absence, the employee’s supervising Principal shall notify the Board chair of the employee’s non-compliance status with regard to this policy. The Board chair shall then be responsible for issuing a notice of suspension without pay which shall be in effect until the Board next meets, when the employee’s status shall be reviewed and decided by Board action. In this case, the Board shall review and take action with regard to the employee’s continuing employment or termination, completely and entirely as it deems fit and appropriate under the circumstances.


ADOPTED

7.4872 STAFF TUTORING FOR PAY

Legal References:         G.S. 115C-36, -47, -308

The Board recognizes the particular level of familiarity with the FLA curriculum and instruction programs exhibited by FLA administrative, instructional, and support personnel which can be available to FLA students through individual and small-group tutoring outside the school day.  For that reason, the Board allows parents who are looking for extra academic help for their children to consider hiring FLA employees.

Whenever parents engage FLA employees to provide private or group tutoring, such arrangements shall meet the following regulatory criteria:

        1.  Any teacher or other FLA staff member may enter into an agreement with parents for tutoring FLA students not               currently assigned to them, either pro bono or for a fee.  

        2.  FLA employees may use FLA facilities for tutoring purposes with permission of the Principal.  All such tutoring sessions must occur after the employee’s professional responsibilities have been fulfilled for the day.  But note that, when tutoring on the FLA campus outside the regular school day, the following restrictions apply:

        a)  non-FLA students may not be tutored, either individually or as part of a group, on the FLA campus;

        b)  FLA employees acting as tutors may not tutor individual or small groups of students alone on the FLA         campus – an administrator or other FLA staff member must be on-site whenever such tutoring is taking         place;

        c) the safety and well-being of the students being tutored on the FLA campus is the responsibility of the         FLA employee from the time of their arrival until the time of their departure – FLA employees must stay with         students until they are picked up; and

        d) building security is the responsibility of the FLA employee upon leaving.

        3.  Tutoring arrangements between FLA staff members and the parents of FLA students shall be set forth in some sort of written document of agreement, signed by the parent(s) and the FLA employee, outlining the scope and timeframe of the tutoring, specifying where the tutoring sessions shall take place, and specifying the fee to be paid to the employee for tutoring services by the parent(s), if any.  A copy of this signed agreement shall be submitted to the Principal, who shall keep it on file.

        4.  FLA employees acting in the capacity of private tutors for FLA students agree to be bound by the same

code of ethics and expectations for professional responsibility by which they are bound in the discharge of their official FLA duties.

        5.  Neither the Board nor any FLA administrators shall be involved in setting tutoring fees. Fees must be

mutually agreed upon by parents and FLA staff tutors.

FLA teachers who contract with the parents of students assigned to them to tutor those students for pay are advised that it may be difficult to maintain professional objectivity in the assignment of grades and other evaluative assessments to those students.  Teachers who tutor their own students for pay will, therefore, be subject to potentially tighter scrutiny in these and related areas by the FLA administration.  Evidence of inappropriate leniency and/or favorable treatment extended to students who are being tutored by their teachers will not be tolerated; teachers found in violation of this part of this Board policy will be subject to personnel action, up to and including potential dismissal.

7.4874 DRUG-FREE AND ALCOHOL-FREE WORKPLACE

Legal References: 21 U.S.C. 812; 41 U.S.C. 701 et seq.; 21 C.F.R. 1300.01-.04 and 1308.11-

1308.15; G.S. 20-138.2B; 90-89 to -94; 115C-36; O’Connor v. Ortega, 480 U.S. 709 (1987)

Cross References: 4.3600 Code of Student Conduct; 5.0250/7.4873 Prohibition of Alcoholic

Beverages; 9.2300 Use of Facilities;

The Board of Directors recognizes that reducing drug and alcohol abuse in the workplace improves the safety, health and productivity of employees. It is the policy of the Board of Directors that a drug-free and alcohol-free workplace must be maintained. The Executive Director or his/her designee shall provide a copy of this policy to all employees at the time each employee is hired.

A. APPLICABILITY

This policy governs each employee before, during, and after school hours while the employee is on any property owned, leased, occupied or operated by the school; at any time during which the employee is acting in the course and scope of his/ her employment with the school; at any activity sponsored by the school; at any activity at which the school is represented, involved or participates; and at any time that the employee’s violation of this policy has a direct and adverse effect upon his/her job performance.

B. PROHIBITED ACTIVITIES

The board prohibits its employees from engaging in the unlawful manufacture, sale, distribution, dispensing, possession or use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, alcohol stimulants, synthetic cannabinoids, counterfeit substance or any other controlled substance as defined in:

1. Schedule I through VI of the North Carolina Controlled Substances Act, or 2. Schedule I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 C.F.R. 1300.01 through 1300.04 and 21C.F.R.1308.11 through 1308.15.

Employees are prohibited from being under the influence of alcohol or impaired by the use of non- prescription drugs or prescription drugs at any time this policy is applicable.

C. ALCOHOL AND/OR DRUG ABUSE AS A PERSONAL PROBLEM

The Board of Directors recognizes that alcohol and other drug abuse can affect an employee's personal and family life, and can contribute to problems on the job. Without appropriate intervention an employee presents a problem not only to himself or herself but to his/her family and to the employer as well.

The Board has a strong commitment to assist any employee who voluntarily asks for help for drug or alcohol abuse. It is the employee's responsibility to seek help for such problems before they must be addressed at the workplace or otherwise become apparent as unsatisfactory job performance and/or work habits.

D. REASONABLE SUSPICION TO SEARCH

An employee may be subjected to a search of his/ her person or belongings or school property under the employee’s control if there is reasonable suspicion that the employee is under the influence of alcohol or impaired by the use of non-prescription drugs or prescription drugs or is otherwise in violation this policy. In addition, an employee may be required to submit to a drug or alcohol test when there is reasonable suspicion the employee is impaired or otherwise in violation of this policy.

Reasonable suspicion shall be based on specific, contemporaneous observations concerning the physical, behavioral, speech, and/or performance indicators of drug or alcohol use as well as chronic situations (deteriorating job performance or changes in personal traits or characteristics in which the use of alcohol or drugs may be reasonably suspected). The observations must be made by a supervisor. All drug and alcohol testing will be done with procedures that ensure the confidentiality and privacy interests of the employee and in accordance with law. All drug and alcohol testing shall be conducted by an independent, certified laboratory approved by the board. All drug and alcohol assessments or testing shall be conducted to determine whether the employee is or has been under the influence of illegal drugs or alcohol or impaired by the use of prescription or nonprescription drugs at any time this policy is applicable. If the drug or alcohol assessment or test is positive, the employee may be subject to disciplinary action, including termination of employment.

Employees who refuse to submit, at the time the employee is directed to do so, to a search or a test to detect alcohol or drug use after reasonable suspicion is established may be terminated. An independent contractor or volunteer who refuses a drug or alcohol screening test may be removed from further services and duties to the school system.

Except as otherwise allowed by law, the board will pay for the cost of any required employee testing.

E. POST ACCIDENT TESTING

The superintendent or his/her designee, may in his/her discretion, require an alcohol and/or drug test to be performed following a workplace accident or injury.

F. DUTY TO REPORT

Any employee having reasonable grounds to believe that another employee is using, in possession of or under the influence of any illegal drug or alcohol or impaired by the use of prescription or non-prescription drugs during the scope of their employment or at any time this policy is applicable shall immediately report the facts and circumstances to a supervisor/principal or other administrator.

Any employee who has been convicted of violating any criminal drug statute must notify his/her supervisor in writing of such conviction occurring within the scope of Section A. of this policy. Notification must be given no later than the next scheduled business day after such conviction, in accordance with policy 7.4940, Employee Rights and Responsibilities. Within 10 days of receiving a notice of conviction by an employee whose position is funded in any part by a federal grant, the assistance superintendent for human resources or his/her designee shall notify the funding agency of the conviction. “Conviction” as used in this policy includes the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict or finding of guilty; or (3) a prayer for judgment continued (“PJC”) or a deferred prosecution.

G. CONSEQUENCES

Violation of this policy will subject an individual to disciplinary action by the board up to and including non- renewal or termination of employment with the school system. In addition, violation of this policy may be reported to law enforcement.

In determining whether and to what extent an employee shall be disciplined for violation of this policy, the superintendent shall consider factors such as:

1. the degree to which the nature of the violation reduces the ability to maintain a safe working

environment; 2. the degree to which the nature of the violation unreasonably endangers the safety of other

employees and/or students; 3. the degree to which the violation unreasonably undermines public confidence in the operation of

the school system;

4. the nature of the violation; 5. the nature of the employee’s job with the school system; 6. the existence of any explanatory or mitigating facts or circumstances; 7. the employee’s cooperation with the investigation of the policy violation; a 8. the degree to which the employee has and is actively engaged and enrolled in treatment and

support for drug and/or alcohol abuse; and 9. any other facts relevant to the employee including, but not limited, years of service and record of

performance with the school system.

In addition to disciplinary action or as an alternative, the Executive Director or his/her designee may choose, as a condition of the employee returning to duty, that the employee who violates the terms of this policy, participate satisfactorily in drug or alcohol abuse assistance or rehabilitation at the employee’s expense. Information concerning available counseling, rehabilitation, and re-entry programs will be provided to employees.

An employee who has been given the opportunity to undergo rehabilitation for alcohol or drug abuse may, as a condition of returning to duty, be required to submit to reasonable follow-up testing as designated by the Executive Director or his/her designee. The extent and duration of the follow-up testing shall depend upon, among other things, the safety or security nature of the employee’s position and the nature and extent of the employee’s substance abuse problem. The Executive Director or his/her designee shall review the conditions of continued employment with the employee prior to his/her return to work Any employee subject to return to duty testing who has a confirmed positive drug test shall be in violation of this policy which constitutes grounds for discipline up to and including termination.

If the employee fails to satisfactorily participate in such a program the employee may be further disciplined by the board up to and including non-renewal or termination.

FALLS LAKE ACADEMY BOARD OF DIRECTORS CERTIFICATION STATEMENT POLICY ON A DRUG-FREE AND ALCHOL-FREE WORKPLACE POLICY 7.4874

I certify that I understand the Falls Lake Academy Board of Directors Policy 7.4874 Drug-Free and Alcohol Free Workplace and agree to submit to and abide by the terms of that policy during my employment with Falls Lake Academy.

__________________________________________________ Employee’s Printed Name

__________________________________________________ ______________________ Employee’s Signature Date


ADOPTED 4-19-16

7.4940 EMPLOYEE RIGHTS AND RESPONSIBILITIES

Legal References: G.S. 115C-47, -307, -308

Cross References: 7.1600 Employee-Student Relations

For students to succeed, all school employees must approach their responsibilities conscientiously, always remembering that the ultimate responsibility of the school is to provide students with the opportunity to receive a sound basic education.

All employees shall:

1. be familiar with, support, comply with and, when appropriate, enforce board policies,

administrative procedures, school rules and state and federal laws; 2. carry out their assigned responsibilities and duties with conscientious concern, diligence and

thoroughness; 3. be diligent in submitting required reports promptly at the times specified. 4. be faithful and prompt in their attendance at work. 5. care for and protect school property. 6. attend to the safety and welfare of students, including the need to provide appropriate supervision

of students; 7. demonstrate integrity, respect and commitment to the truth through attitudes, behavior and

communications with others; 8. address or appropriately direct any complaints concerning school employees, the school program

or school operations; and 9. support and encourage good school-community relations in all interactions with students, parents

and members of the community.

Employees shall notify the Executive Director or his/her designee if they are arrested for, charged with or convicted of a criminal offense (including entering a plea of guilty or nolo contendere) other than a minor traffic violation (i.e., speeding, parking or a lesser violation). Notice must be in writing, must include all pertinent facts and must be delivered to the Executive Director or his/her designee no later than the next scheduled business day following the arrest, charge or conviction, unless the employee is hospitalized or incarcerated, in which case the employee must report the alleged violation within 24 hours after his or her release. Upon judicial action in the matter, the employee must report the disposition and pertinent facts in writing to the Executive Director or his/her designee no later than the next business day following adjudication.

Failure by an employee to provide timely notice as described above may lead to disciplinary action up to, and including, dismissal.


ADOPTED 07-10-2013

8.1000 BUDGET PLANNING AND ADOPTION

Legal Reference: G.S. 115C-426, 426.2, -427, -428, -429

Budget planning and preparation are critical to the development of a budget likely to further the educational goals of the Board and to provide for the smooth operations of the school.

I. ELEMENTS OF BUDGET PLANNING

Budget planning for the Board and administration shall include:

- establishing the priorities of the school, recognizing that improving student success will always

be of paramount concern; - considering long-range facilities plans, goals, and objectives as established by the Board

when assessing the needs of the school; - integrating budget planning into program planning so that the budget may effectively support

and implement all programs and activities of the school; - seeking broad participation by administrators, teachers, other school personnel, and parents; - exploring all practical and legal sources of income; - continually assessing the needs of the school and its revenues and expenses; and - identifying the most cost-effective means of meeting the schoolʼs needs.

II. PROCESS

In January of each school year, the chief FLA administrator shall initiate budget discussions across and throughout the school’s divisions and departments with respect to the identification and prioritization of budget priorities for presentation to the Board in consideration of the following year’s funding systems.

Also in January, the officers of Falls Lake Academy Parents (“FLAP”) shall initiate similar discussions among the parents of students enrolled in all Falls Lake Academy programs and grade levels.

Both the chief FLA administrator and the President of FLAP shall present their prioritized budget requests, complete with relevant documentation, to the Board at a regular or called meeting not later than the end of March each school year.

The Board shall consider the prioritized budget requests of the school and FLAP in its budget discussions.

Not later than the end of May each school year, the Board shall adopt its final budget for the following school year by way of an approved budget resolution.


ADOPTED 07-10-2013

8.2200 DONATIONS, GIFTS, AND BEQUESTS

Legal References: G.S. 115C-36, -47, -518

G.S. 115C, art. 35

The Board encourages individuals and organizations to consider making a donation, gift, or bequest (hereafter referred to collectively as “gift” or “gifts” herein) to Falls Lake Academy. Such gifts foster community support for the school and improve the school for the benefit of students and others.

Prior to accepting any offered gift, the Principal shall ensure that it imposes no undue financial burden or obligation on the school or the Board.

The Board establishes the following conditions for the acceptance of gifts:

1. The Board reserves the right to determine in each particular case the appropriateness of any gift to the school and may accept or reject a gift as the Board sees fit.

2. The Board may reject any gift that the board determines is in conflict with the educational mission of the school.

3. Any offer of gifts constituting cash or certified funds which are offered without conditions, specifica- tions, or directions regarding their use may be accepted by the chief FLA administrator at the time such offer is made. Such funds shall be delivered immediately to the Board treasurer and deposited into the proper fund and reported to the Board within thirty days of receipt.

Any offer of gifts constituting cash or certified funds which are offered with conditions, specifications, or directions regarding their use must be approved or rejected by the Board and – if approved and accepted – subsequently deposited in the proper fund.

4. Any offer of services as a gift which is offered without conditions, request for monetary payment, specifications, or directions regarding their acceptance may be accepted by the chief FLA administrator at the time such offer is made. Prior to accepting such a gift of service, the chief FLA administrator shall consider the giftʼs suitability, any potential safety hazards, and any costs to accept the gift and shall take sufficient precautions to avoid any liability to the Board for such acceptance. Such gifts of service shall be reported to the Board within thirty days of receipt.

5. Except for gifts of service, the chief FLA administrator shall evaluate any offers of gifts or bequests that are not cash, certified funds, or gifts of nominal value. He/she shall consider the giftʼs suitability, any potential safety hazards, and any costs to accept or maintain the gift and will make a recommendation to the Board as to whether or not to accept the gift. For computer equipment or other technological resources, the chief FLA administrator shall ensure that such items are compatible with minimum hardware and software standards set by the FLA technology director or consultant.

6. Gifts of real or personal property will be accepted by the Board only if the donor can demonstrate that he/she has clear and free title to the property.

7. A donor may request that a gift be designated for use in a particular area. However, the Board reserves the right to utilize the gift as it deems appropriate.

8. No gift shall be accepted that imposes any undue financial burden or obligation on the school or on the Board.

9. All supplies and equipment purchased with funds from any donor become the property of the Board, and the title to such property vests in the Board.

10. Unless otherwise specified in a written agreement approved by the Board, any gift becomes the property of the school. If the Board at any time determines that such property is unnecessary or undesirable for school purposes, the Board may sell such property in accordance with state law.

11. The Board has no responsibility and makes no promises to continue any program initiated with donor contributions once the donated funds are expended.

12. Before installation, the chief FLA administrator must approve the design, location, and construction material of gifts that will become a permanent part of the school facility or grounds, such as playground equipment, bleachers, scoreboards, outdoor lights, fences, or other structures or equipment. Any such gift also must meet any required safety standards.


ADOPTED June 11, 2013

8.3000 FISCAL MANAGEMENT STANDARDS

Legal References: G.S. 115C-105.25, -425, -426, -433

Cross References: Falls Lake Academy, Inc. By-Laws

In recognition of the trust and responsibility placed with the Board to manage financial resources for the FLA educational program, the Board establishes the following standards:

1. The Board and all employees of the Board shall manage and use available funds efficiently and effectively to meet the goals of the Board and the school.

2. Accounting, financial reporting, and management control systems shall be designed and maintained to enable the Board and the school to have access to accurate, reliable, and relevant data, and to permit audits and periodic reports adequate to show that those in charge have handled funds within legal requirements and in accordance with Board policy.

3. The Board treasurer and the FLA chief administrator shall keep the Board sufficiently informed regarding the budget through periodic reports and any other appropriate means so that the Board can deliberate and evaluate the budget.

4. No money shall be disbursed or expended, regardless of the source of funds (including federal, state, local, or private funding sources), except in accordance with the Boardʼs budget resolution or amendments to the budget resolution.

5. FLA administrators shall be familiar with state and Board requirements related to managing and using fiscal resources and shall comply with these requirements in developing and implementing all school plans which involve the receipt and/or disbursement of funds.

6. All money collected, received, and/or receipted at the school level is under the control and authority of the FLA chief administrator and shall be managed as well according to these standards as closely as is practically possible. All such funds shall be expended for the express, Board-authorized purposes for which they were collected, received, and/or receipted.

7. Except as otherwise specifically provided by Board resolution, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of Falls Lake Academy or Falls Lake Academy, Inc. may be signed by the Board chair, the Board treasurer, and/or the chief FLA administrator. All such checks and other items for amounts of $3,000 or greater must be signed by two of these individuals.

8. Reimbursement shall be made to Board members, FLA staff members, and FLA parents within 48 hours (or upon the first business day following a weekend or calendar holiday) following submission of receipts for authorized pre-approved purchases and correctly filled-out reimbursement request forms.

9. FLA employees’ pay disputes must be investigated immediately upon notification by the affected employee(s) that a suspected discrepancy exists. Such investigation must be conducted and concluded within 3 business days unless additional time is authorized by the Board. The discrepancy, if confirmed, must be addressed and any additional pay due the affected employee(s) must also be remitted to the affected employee(s) within the 3-business-day window.


FLA Board of Directors Policy # 9.2300 USE OF FACILITIES, EQUIPMENT, AND SERVICES

FACILITY USAGE AGREEMENT AND FEE SCHEDULE Adopted January 6, 2015 Revised November 1, 2018

Approval of the use of school facilities by non-school individuals and groups may be granted by the FLA chief administrator only when such use will not interfere in any way with the regular programs and activities of the school.

Authorized Users of School Facilities

School staff and student organizations have first priority for use of school facilities for activities which are an extension of the school day or an outgrowth of the schools program. No facility use contract is required for these uses of FLA facilities.

Board-recognized parent organizations and other groups that co-sponsor educational activities which enhance the school and its programs have second priority use of school facilities. Such groups include, but are not necessarily limited to, the PTA, PAC, the Band / Music Booster Club, and the Flight Crew Athletics Booster Club. No facility use contract is required for these uses of FLA facilities.

Non-school organizations, groups, businesses, and individuals who are approved and designated as “FLA Partners” may use school facilities at no charge. All such use of school facilities are subject to the same regulations and procedures as are uses of school facilities by paying entities.

FLA staff members and Board members may use FLA facilities at no charge according to the restrictions outlined in Board policy #9.2300 USE OF FACILITIES, EQUIPMENT, AND SERVICES.

Community service agencies including – but not necessarily limited to – rescue squads, fire departments and law enforcement groups, and other organized community and civic groups, supervised youth groups, recreational groups, church groups, and non-profit groups conducting a non-income activity may use school facilities in accordance with Board Policy #9.2300 and the provisions of this Facility Usage Fee Schedule. All such groups must submit a security deposit in the amount specified in the Fee Schedule and present a proof of insurance document meeting the amount of coverage specified by the Falls Lake Academy Board of Directors unless this provision is specifically waived by the chief FLA administrator or by action of the Board of Directors.

Organizations operating for private gain may use school facilities only when the activity serves an educational, civic, or charitable purpose. Such groups must submit a security deposit in the amount specified in the Fee Schedule and present a proof of insurance document meeting the amount of coverage specified by the Falls Lake Academy Board of Directors unless this provision is specifically waived by the chief FLA administrator or by action of the Board of Directors.

Rules and Procedures

The Reservation Contract for Usage of School Facilities must be signed at least seven (7) days but no more than sixty (60) days prior to the event.

The person assigned or designated by the chief FLA administrator to be in charge of the building when it is approved for use by an outside individual or organization – the “responsible party” – shall be responsible for the provisions of the facility use contract and accountable to the Board of Directors.

All groups leasing FLA school facilities must provide adequate adult supervision as specified by the chief FLA administrator for their activities within and/or on the grounds of the facility. The adult supervisor(s) must be in

continued - - - - -

attendance at all times and accept the responsibility of caring for the school facility and equipment, monitoring the conduct of their group while using the facility, confining the activities of the group only to the area specified in the contract, using equipment agreed upon in the contract, and leaving the premises at the time specified in the contract. Failure to provide adequate adult supervision may result in the prevention of any future utilization of school facilities by that group.

Facilities must be cleaned and left in the same condition as they were found. THIS INCLUDES FLOOR SWEEPING AS WELL AS CLEANING THE RESTROOMS IF THEY WERE AVAILABLE TO THE USERS OF THE FACILITY WHILE UNDER CONTRACT.

The cost to repair any damage done to the property or any injury incurred by participants or spectators shall be paid by the leasing organization or individual.

Falls Lake Academy reserves the right to determine the propriety of any request, the right to deny the use of school grounds and/or facilities, and the right to charge additional fees for the use of school facilities.

If police protection is needed, as determined by the chief FLA administrator, it must be provided by the leasing organization.

Any rearrangement of school furniture must be accomplished by the leasing group and only with the specific permission of the building principal. The leasing group must return the furniture to the original configuration before leaving the facility.

All school buildings and campuses are smoke free areas. Open flames, the use of any tobacco product on school premises, the use of any alcohol, gambling, or the possession of any form of weapon (except by duly-sworn law enforcement personnel while on duty at the leasing organization’s activity) is strictly prohibited. Fire marshal occupancy requirements relative to occupancy must be strictly followed. FLA reserves the right to use metal detectors with any group using the facility. Violation of any of these rules will result in the offending person(s) being escorted from the school grounds.

Areas and ideas for the use of school facilities which are not addressed by this policy may be negotiated with the Board of Directors.

Fees and Charges*

Softball $25 /2 hour minimum

$125 /all day

Middle School Gym $45 /2 hour minimum

$260 /all day (8 hours max)

Classrooms, band room, library $25 /per hour

FLA Staff Supervisor (if required by FLA) $30 /per day

Non-refundable facility cleaning fee $30 /per event

APPLICATION FOR USE OF FALLS LAKE ACADEMY FACILITIES

Leasing Organization or Individual

Event

Facilities leased

Day(s) – Date(s) Time(s)

Responsible Party: Name

Address

Phone e-mail

On behalf of the leasing organization listed above, or on behalf of myself alone, I, the “Responsible Party” listed above, accept the regulations, procedures, and conditions listed in the FLA Board Policy #9.2300’s FACILITY USAGE AGREEMENT AND FEE SCHEDULE and agree to be bound by them. I understand that I, or the leasing organization which I represent, am/is fully and completely responsible for the safety and well- being of all participants and spectators attending the event listed above as well as the security of and any damages to FLA property and/or facilities arising from the event. I hereby hold FLA, its staff, its Board of Directors, and FLA, Inc., harmless in the event of accident, illness, or injury to any event participant or spectator. I agree to pay the full amount determined by FLA as indicated below in advance of the event and any unanticipated additional overage charges when the event is concluded.

*Note: Charges are computed from the time the building is opened and/or any pre-event activities commence until the time the Event Supervisor (staff or non-staff) closes the building and/or exits the premises.

Signature of Responsible Party

Date

FLA Use Only Below This Line

FLA requires: Staff supervisor (Note: if FLA staff supervisor is not required, the Responsible

Party listed above is responsible for handling all entrance, exit, and security measures required by FLA)

Photo I.D. required Law enforcement presence (must contract directly w/ Granville County Sheriff’s Office or Butner P.D.) $1mil Certificate of Insurance

Contract costs

_______ hours @ $ ______ per hour = total time cost of $

Cleaning fee $30 $

Security deposit (if applicable): $

Additional charges: $

Total Costs in Advance $

This application is approved once the fees and charges listed above are received.

Signature of Chief FLA Administrator or Designee Date

Table of Contents