Notice: Check here for any pending policies and other items. The Mountain Brook Board of Education is dedicated to serving all of our parents, staff, and students. If you have difficulty accessing any of our policies, please email mbssupport@mtnbrook.k12.al.us and we will assist you.
Please submit any comments on the following tabled material to brooksm@mtnbrook.k12.al.us by Wednesday, October 9, 2024. Thank you.
The Mountain Brook City Board of Education as the legal body created under law by the State of Alabama, has full authority, within the limitations of State laws and regulations, to carry out the will of the people of the Mountain Brook City School District in matters of education.
Because all powers of Board members lie in its action as a group, individual Board members exercise their authority over district affairs only as they vote to take action at a legal meeting of the Board.
In other instances, an individual Board member, including the chairman (president), shall have power only when the Board, by vote, has delegated authority to him or her.
Adopted: October 6, 1976
The Board of Education has by law (Title 52, Chapter 8, Section 158) been given the powers necessary for the administration and management of the public schools within the City of Mountain Brook.
I. Legislative and Policy Making. The Board is responsible for the development of policy as guides for administrative action and for employing a superintendent to implement its policies.
II. Appraisal. The Board is responsible for evaluating the effectiveness of its policies and their implementation.
Adopted: October 6, 1976
The members of the Mountain Brook Board of Education shall be appointed by the Mountain Brook City Council and shall be chosen solely because of their character and fitness and shall not in any way be subject to the authority of the Council as prescribed by law (Title 52, Chapter 8, Section 151).
Adopted: October 6, 1976
The number of members of the Mountain Brook Board of Education shall be five (5) members as prescribed by law (Title 51, Chapter 8, Section 151).
Adopted: October 6, 1976
Members of the Board of Education shall be appointed for five-year terms, with the term of one member expiring annually.
Adopted: October 6, 1976
The vice-president shall assume the duties of the president in the event of his/her absence. The vice-president shall perform all other duties as may be prescribed by the Board.
Adopted: October 6, 1976
The specific duties of the secretary to the Board of Education shall include, but not be limited to,
I. To keep a full and accurate record of the proceedings of the Board.
II. To send out notices of Board meetings.
III. To keep Board policies in good order.
IV. To advise the Board of policies previously adopted which affect items on the agenda requiring policy consideration.
V. To prepare, or cause to be prepared, the agenda for each meeting.
VI. To perform all other duties as may be prescribed by the Board of Education.
Adopted: October 6, 1976
In the event of a vacancy in the membership of the Board of Education by resignation or otherwise, the fact shall be reported to the City Council by the said Board, and the said Council shall elect a person to fill such vacancy for the unexpired term.
Adopted: October 6, 1976
Annual Meeting: The Board of Education shall hold its annual meeting each year at its regular meeting in June following the election of said Board or any member thereof. At the annual meeting, the Board shall elect each year one of its members to serve as president and one to serve as vice-president.
Regular Meetings: The Board of Education shall hold one regular meeting each month. The date of the regular meeting will be determined by the Board of Education, at the annual meeting of the Board.
Special Meetings: Special meetings may be held by the Board as needed. Special Board meetings shall be called by the president at his discretion. The president shall call a special meeting of the Board upon the written request of a majority of the Board.
Executive Sessions: The Board of Education may hold executive sessions at any and all Board meetings. Executive sessions of the Board are closed meetings and may be attended only by members of the Board, the superintendent of schools and persons directly involved in the business to be considered.
The Board shall call an executive session for the following reasons:
The Board shall endeavor to conduct the educational business of the district in open sessions and to keep the public well informed on matters pertaining to education.
Quorum: Three members of the Board shall constitute a quorum for the transaction of business at Board meetings.
Adjourned Meetings: Any legal meeting of the Board may be adjourned to a specific place and time.
Conduct of Business: The Board shall observe Robert’s Rules of Order, Revised, except that the president may discuss and have a vote on all matters before the Board.
No motion or resolution shall be adopted without the concurrence of the majority of the whole Board.
Voting shall be by open ballot.
Adopted: October 6, 1976
The Mountain Brook Board of Education believes that the legislation of policies is the most important function of a school board, and the execution of the policies is the function of the superintendent.
Delegation by the Board of its executive powers to the superintendent provides freedom for the superintendent to manage the schools within the Board’s policies, and frees the Board to devote its time to policy making and appraisal functions.
The Board holds the superintendent responsible for carrying out its policies within established guidelines and for keeping the Board informed about school operations.
Adopted: October 6, 1976
Proposal for new policies or changes in existing policies may be initiated by any Board member or the superintendent of schools.
It shall be the policy of the Board to encourage employees of the Board of Education and citizens of the community to participate in the policy making process for the school district.
When in the opinion of the superintendent or the Board, there is a question about a practice conforming to existing policy, the superintendent shall review existing policy and make recommendation as to the necessary action to be taken.
When in the opinion of the superintendent or the Board, there is a question about a policy’s conforming to the law, the counsel of the school attorney shall be sought.
Adopted: October 6, 1976
The members of the Mountain Brook Board of Education will pursue ongoing training to develop and enhance their knowledge and effectiveness as Board members and to improve Board governance and operations. Training may include but will not be limited to orientation for newly appointed members, locally provided training or workshops, state or national conferences.
(Act of Alabama 2009-297)
Adopted: March 8, 2010
It is the belief of the Mountain Brook Board of Education that one of the tests of a true democracy is the extent to which minority groups, be they religious, racial, or ethnic, are able to maintain their individuality within the broad framework of society-at-large. Basic to both our American type of government and our way of life is the principle that diversity is a strength to be cultivated, not a weakness to be eliminated. It was this premise that led the founders of our nation to formulate the various freedoms set forth in our Constitution.
Our public school system provides not only the initial, but also in many cases the only sustained contact students have with youngsters from a wide range of differing groups. It is vital, therefore, that our school system adhere to this concept of “strength through diversity”, and use religious, racial, and ethnic differences as a basis for teaching tolerance. In a like manner, it is essential that personnel at all levels within our school system develop and cultivate respect for, sensitivity toward, and appreciation of the views and feelings of minority students. A conscious and concerted effort must be made to inform, educate and sensitize personnel regarding areas of special concern to minority students.
Unless such sensitivities are successfully cultivated and applied, religious, racial, and ethnic minorities within our school system will experience both prejudice and embarrassment; and our public schools may waste the opportunity which they possess to teach our children, through example, the “universal brotherhood of all mankind”.
Adopted: July 2, 1979
It shall be the policy of the Mountain Brook City Schools to recruit and select for employment the best qualified applicant for each position within the school district, without regard to race, creed, age, sex, marital status or national origin.
Furthermore, it shall be the policy of the Mountain Brook Board of Education not to discriminate against a handicapped person on the basis of said handicap, if the person’s ability to perform tasks required in discharge of the responsibilities of relevant positions is not impaired by the handicap and the person is otherwise qualified for the position.
Adopted: July 2, 1979
It shall be the policy of the Mountain Brook City Schools to recruit and select for employment the best qualified applicant for each position within the school district, without regard to race, creed, age, sex, marital status or national origin.
Furthermore, it shall be the policy of the Mountain Brook Board of Education not to discriminate against a handicapped person on the basis of said handicap, if the person’s ability to perform tasks required in discharge of the responsibilities of relevant positions is not impaired by the handicap and the person is otherwise qualified for the position.
Adopted: July 2, 1979
The Superintendent of Schools shall prepare or cause to be prepared a salary schedule for non-administrative professional personnel employed by the School District. Some of these personnel are employed to assume responsibility for an additional activity in which case their annual salary, as indicated on the salary schedule, is supplemented by a predetermined amount from a supplement schedule for that activity. All schedules, regular and supplementary, are submitted annually to the Board for its review and approval.
Teachers will be paid according to the highest degree and years of experience held.
Annual increments on the salary schedule are not automatic but must be recommended by the individual’s principal or immediate supervisor to the Superintendent and approved by the Board of Education.
The Superintendent of Schools shall issue contracts to school principals hired in accordance with Alabama law. Each new (non-principal) professional employee, and those whose position or status has changed, shall be given an individual letter of appointment based on the current salary schedule(s).
All employees who do not plan to be in service the subsequent year should give written notice to the Superintendent of Schools no later than May 1 so that the best replacement can be found.
Adopted: July 2, 1979
Revised: December 9, 1996
Revised: November 13, 2000
Revised: January 14, 2013
The Board believes that providing employee benefits is a positive force in attracting and retaining the best qualified personnel. In addition to the State mandating salary increases and supplementing the costs of hospital-medical insurance premiums, the local Board does provide economic and professional benefits such as paying annual premiums on insurance policies issued to the principals, assistant principals, teachers and support personnel, and each professional employee is protected against professional liability by the Board’s blanket policy.
Professional Benefits
Adopted: July 2, 1979
Revised: February 21, 1990
Revised: November 13, 2000
It is the policy of the Mountain Brook Board of Education that instructional personnel be assigned on the basis of their qualifications, the needs of the district, and their expressed desires. When it is not possible to meet all conditions, personnel shall be assigned first, to meet the needs of the school district, and second, according to the expressed preference of the employee.
Teacher requests for transfers shall be made, in writing, directly to the Superintendent. Consideration of any such requests shall be in accordance with the criteria used in making original assignments.
In accordance with the Code of Alabama, Student First Act of 2011, §16-24C, except as otherwise specified, employees may be transferred or reassigned at any time as the needs of the employer require to any position to which they are qualified by skill, training, or experience upon the recommendation of the superintendent and the approval of the Board of Education.
Adopted: July 2, 1979
Revised: January 14, 2013
The Superintendent of Schools shall maintain personnel records on all employees of the Mountain Brook City Schools. The records shall be complete and current.
It shall be the duty of all employees of the Mountain Brook City Schools to provide the Superintendent with teaching certificates, college records, transcripts, letters of recommendation, health examination reports and other data required.
All information contained in an employee’s record shall be considered as confidential and shall not be transmitted to other persons or agencies without written approval by the said employee. However, access to a teacher’s personnel file may be given to the following persons without the teacher’s consent: the Superintendent, the teacher’s current principal, the employee’s supervisor, the Director of Personnel or a Board member (if access relates directly to his/her duties as evidenced by specific reasons given), or when subpoenaed by judicial order or other competent legal authority as stipulated in P.L. 93-380.
An employee may have access to his/her own personnel file at all reasonable times. This right includes the right to make written objections to any information contained in the file; such written objections must be signed by the teacher before becoming part of the file. The teacher may request a copy of any material in his/her file.
Any evaluative materials – complaints, commendations, together with written suggestions for correction or improvement – must be signed by the person making the complaint, commendation, etc. Also an employee must be given an opportunity to offer denial or explanation as applicable, such denial or explanation to be included in the personnel file of the employee.
Adopted: July 2, 1979
In accordance with the Code of Alabama, Students First Act of 2011, § 16-24C, all professional and classified personnel remain on probationary status until continuing service status (tenure) is attained, with the exception of contracted principals.
Tenure – Certified Professional Staff
A certified professional employee shall attain tenure upon the completion of three complete, consecutive school years of full-time employment as an employee of Mountain Brook Schools unless the Board approves and issues written notice of termination to the employee on or before the last day of the employee’s third consecutive complete school year of employment.
A probationary certified professional employee whose employment or reemployment is effective prior to October 1 of the school year and who completes the school year shall be deemed to have served a complete school year.
Tenure - Classified Staff
A probationary classified employee attains non-probationary status upon the completion of three complete, consecutive school years of full-time employment in Mountain Brook Schools unless the Board approves and issues written notice of termination to the employee on or before the fifteenth day of June immediately following the employee's third consecutive complete school year of employment.
A probationary classified employee whose employment or reemployment is effective prior to October 1 of the school year and who completes the school year shall be deemed to have served a complete school year.
Adopted: July 2, 1979
Revised: December 9, 1996
Revised: January 14, 2013
It is the policy of the Mountain Brook Board of Education to evaluate the performance of professional personnel.
The system of evaluation provides for enhancing teaching skills, knowledge of subject matter being taught and knowledge of new/innovative methods of instruction. Continued employment is contingent upon removal of serious deficiencies in these areas.
This policy replaces Policy G-11 adopted July 2, 1979.
Adopted: April 22, 1985
Submitted SBE: April 30, 1985
Ref: SBE 2/23/84 (F-25)
It is the desire of the Mountain Brook Board of Education to encourage reasonable and effective means of handling personnel grievances arising from the implementation of local board policies as well as the interpretation of regulations originating from the State level; to reduce the potential for grievances; and to establish and maintain recognized channels of communication between the administration and staff.
In spite of efforts to eliminate the occasions when misunderstandings will arise, at best they can be minimized. The fact that personnel affected by policies are involved in their development is perhaps the most effective single provision.
General Complaints (Grievances). Any employee or member of the public having complaints or grievances are encouraged to discuss present for resolution to the employee, supervisor, or administrator at the lowest administrative level who has the authority and ability to address the problem or implement the requested action. If the underlying problem cannot be resolved satisfactorily at this administrative level, the aggrieved person may continue to seek a satisfactory solution to the problem with staff members at the next higher levels of administration ( e.g. Principals, Central Office Director, Superintendent). Finally, the person may appeal in writing to the Board of Education. At any level, the aggrieved person may appear in company of peers or counsel and will be afforded all the rights of due process applicable to such situation.
Limitations Regarding Availability and Application of General Complaint/Grievance Policy – The general complaint/grievance policy and any procedures adopted thereunder do not apply to specific complaint or grievance policies and procedures that are established by Board policy or law for application to special factual or legal circumstances (e.g. sexual harassment grievance procedures; discrimination procedures, review of personnel matters governed by state law or as covered under Student’s First; due process hearings provided under Individuals with Disabilities Act). In such instances, the specific statutory, regulatory, or policy-based process is the applicable procedure. The general complaint/grievance procedures that are authorized under the terms of this policy may not be invoked for the purpose of challenging or seeking review or reconsideration of adverse personnel decisions that have received Board approval. A grievance may be based on an alleged misapplication of Board policies, regulations, or procedures, but may not be used to challenge the Board’s exercise of its discretion to adopt, approve, modify, or repeal a policy, regulation or procedure or on its failure to exercise discretion (e.g. adoption of a school calendar, compensation policies, etc.)
Adopted: July 2, 1979
Revised: November 13, 2000
Revised: July 11, 2016
It is the policy of the Mountain Brook Board of Education to expect its professional employees to meet the requirements for professional growth and development as set forth by the Southern Association of Colleges and Schools.
Southern Association of Colleges and Schools1
From the elementary/middle school standards:
“Each teacher shall have earned:
a college major, or a minimum of twenty-four semester hours from a member institution in the subject area or grade level at which the teacher works, or a nonemergency state certificate required for the position; and
a minimum of twelve semester hours in professional education courses appropriate to the grade level or subject area of assignment as part of the requirements above or in addition thereto.”
Each teacher shall earn at least six semester hours of credit or the equivalency as approved by the state committee during each five-year period of employment. The six-semester hours of credit or the equivalency shall be designed to increase competency in the areas of responsibility.
The following are regarded as meeting the requirements of this standard:
Southern Association of Colleges and Schools 2
From the secondary/middle school standards:
Instructional Personnel:
Adopted: July 2, 1979
Revised: December 9, 1996
In accordance with the Code of Alabama, Students First Act of 2011, §16-24C, all professional and classified personnel remain on probationary status until continuing service status (tenure) is attained, with the exception of contracted principals.
Termination of a tenured professional employee or non-probationary classified employee shall be initiated by the recommendation of the superintendent by written notice of the proposed termination to the employee. The notice shall state the reasons for the proposed termination, shall contain a statement of the facts showing that the termination is taken for one or more of the reasons listed in #4 above, and shall be given by United States mail, certified delivery, by private mail carrier for next business day delivery, or by physical delivery to the employee or the last known address of the employee. Notice by certified or private mail carrier shall be deemed received by the employee and complete for purposes of termination two business days after the notice is deposited for certified delivery in the United States mail or placed with a private mail carrier for next business day delivery. The employer has the burden of producing evidence that service was affected in the manner described here, but the employee has the burden of proving that such service was not properly made.
Adopted: November 3, 1979
Revised: January 14, 2013
It is the policy of the Mountain Brook Board of Education to reimburse school system staff members for travel expenses as follows:
Authorized Travel for Non-Local Meetings and Workshops
Upon approval by the Superintendent, necessary and reasonable travel expenses incurred by a staff member will be paid by the Board provided that such travel involves a destination outside of Jefferson County. Travel by private automobile will be reimbursed at the current mileage rate allowed by the Internal Revenue Service.
I. Local Travel (Destinations within Jefferson County)
Local travel expenses of staff members will be reimbursed by the Board of Education provided that both of the following conditions are met:
a. The staff member obtains approval from the Superintendent to submit regular claims for reimbursement based on mileage at the current rate established by the Department of Internal Revenue. All claims for mileage will be made on standard expense forms available at the Central Office. Receipts and other appropriate documentation will be attached to the expense form.
b. The local travel for which reimbursement is sought involves regular teaching assignments at two or more sites within the school system – for example, itinerant teachers or vocational education teachers who travel regularly to student placement sites.
This policy replaces policy #G-16 adopted August 8, 1988 and policy #G-23, adopted December 19, 1983.
Revised: September 14, 1992
Revised: January 9, 2023
It is the policy of the Mountain Brook Board of Education to withhold funds from employees’ checks as required by law and/or as directed in writing by the employee. Payroll deductions for United Way and professional dues must be authorized annually by the employee.
Adopted: June 15, 1977
The Superintendent, assisted by the principals, shall be responsible for recruiting and evaluating substitute teachers. The individual school principal will provide the substitute teacher with guidelines for the performance of their duties.
Adopted: December 1, 1976
I. Students
Teachers may accept gifts of a de minimis (minimal) value.
It is permissible for parent organizations or classroom representatives to collect a small amount of money from each student and pool toward the purchase of one gift card for a school employee, providing each specific contribution from students is of de minimis value.
This policy is not enacted to expand or loosen the Ethics Law but to comply with the de minimis value standard set out in the Alabama Ethics Law.
II. Staff Members
Staff members may accept gifts from other staff members provided the gift is given under circumstances which make it clear that it is motivated by friendship and not given because of the recipient’s official position.
III. Outside Agencies or Individuals
Staff members shall not accept gifts from outside agencies or individuals that are a result of existing or potential business transactions between the local school, the School District, and said agency or individual. Staff members shall report to their immediate superior any attempt by outside agencies or individuals to give gifts which are in excess of de minimis value.
“No public official or public employee shall solicit or receive anything for him/herself or for a family member of [a public official or] a public employee…for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.”
Section 36-25-7(b) Code of Alabama
Adopted: December 12, 2011
It shall be the policy of the Mountain Brook Board of Education to relieve teachers of non-instructional duties during the school day as much as feasible, and to require that each local school’s daily schedule provide each teacher time to prepare learning experiences for students.
Adopted: April 22, 1985
Submitted SBE: April 30, 1985
Ref: SBE 2/23/84 (F-29)
Introduction:
Mountain Brook City Schools shall strive to protect the safety and health of children and youth in our care, as well as their families, our employees, and the general public. Staff members shall cooperate with public health authorities to promote these goals.
The evidence is overwhelming that the risk of transmitting human immunodeficiency virus (HIV) is extremely low in school settings when current guidelines are followed. The presence of a person living with HIV infection or diagnosed with acquired immunodeficiency syndrome (AIDS) poses no significant risk to others in school, day care, or school athletic settings.
Section I: School Attendance
A student with HIV infection has the same right to attend school and receive services as any other student and will be subject to the same rules and policies. HIV infection shall not factor into decisions concerning class assignments, privileges, or participation in any school activity.
School authorities will determine the educational placement of a student known to be infected with HIV on a case-by-case basis by following established policies and procedures for students with chronic health problems or students with disabilities. Decision makers must consult the student’s physician and parent or guardian, respect the student’s and family’s privacy rights, and reassess the placement if there is a change in the student’s need for accommodations or services.
School staff members will always strive to maintain a respectful school climate and not allow physical or verbal harassment of any individual or group by another individual or group. This includes taunts directed against a person living with HIV infection, a person perceived as having HIV infection, or a person associated with someone with HIV infection.
Section II: Employment
Mountain Brook City Schools do not discriminate on the basis of HIV infection or association with another person with HIV infection in accordance with the Americans with Disabilities Act of 1990. An employee with HIV infection is welcome to continue working as long as he or she is able to perform the essential functions of the position, with reasonable accommodation if necessary.
Section III: Privacy
Pupils or staff members are not required to disclose HIV infection status to anyone in the school system. HIV antibody testing is not required for any purpose.
Every employee has a duty to treat as highly confidential any knowledge or speculation concerning the HIV status of a student or other staff member. Violation of medical privacy is cause for disciplinary action, criminal prosecution, and/or personal liability for a civil suit.
No information regarding a person’s HIV status will be divulged to any individual or organization without a court order or the informed, written, signed, and dated consent of the person with HIV infection (or parent or guardian of a legal minor). The written consent must specify the name of the recipient of the information and the purpose for the disclosure.
All health records, notes, and other documents that reference a person’s HIV status will be kept under lock and key. Access to these confidential records is limited to those named in written permission from the person (or parent or guardian) and to emergency medical personnel. Information regarding HIV status will not be added to a student’s permanent education or health record without written consent.
Section IV: Infection Control
All employees are required to consistently follow infection control guidelines in all settings and at all times, including playgrounds and school buses. Equipment and supplies needed to apply the infection control guidelines will be maintained and kept reasonably accessible. The appropriate administrative staff shall implement the precautions and investigate, correct, and report on instances of lapse.
A school staff member is expected to alert a person responsible for health and safety if a student’s health condition or behavior presents a reasonable risk of transmitting any infection.
If a situation occurs at school in which a person might have been exposed to an infectious agent, such as an instance of blood-to-blood contact, school authorities shall counsel that person (or, if a minor, alert a parent or guardian) to seek appropriate medical evaluation.
Section V: HIV and Athletics
The privilege of participating in physical education classes, athletic programs, competitive sports, and recess is not conditional on a person’s HIV status. School authorities will make reasonable accommodations to allow students living with HIV infection to participate in school-sponsored physical activities.
All employees must consistently adhere to infection control guidelines in locker rooms and all play athletic settings. First aid kits must be on hand at every athletic event.
Section 6: HIV Prevention Education
The goals of HIV prevention education are to promote healthful living and discourage the behaviors that put people at risk of acquiring HIV. The education program will follow the curriculum guidelines set forth by the Alabama Course of Study for fifth through twelfth grade.
Parents and guardians will have convenient opportunities to preview all HIV prevention curricula and materials. School staff members shall assist parents or guardians who ask for help in discussing HIV infection with their children. If a parent or guardian submits a written request to a principal that a child not receive instruction in specific HIV prevention topics at school, and assures that the topic will be discussed at home or elsewhere, the child shall be excused without penalty.
The education system will endeavor to cooperate with HIV prevention efforts in the community that address out-of-school youth and youth in situations that put them at high risk of acquiring HIV.
Section VII: Related Services
Students will have access to voluntary, confidential, age and developmentally appropriate counseling about matters related to HIV infection. School administrators will maintain confidential linkage and referral mechanisms to facilitate voluntary student/staff access to appropriate HIV counseling and testing programs, and to other HIV-related services as needed. Public information about resources in the community will be kept available for voluntary student use.
Section VII: Staff Development
All school staff members will participate in a planned HIV education program that conveys factual and current information; provides guidance on infection control procedures; informs about current law and state, district, and school policies concerning HIV; assists staff to maintain productive parent and community relations; and includes annual review sessions. Certain employees will also receive additional specialized training as appropriate to their positions and responsibilities.
Section IX: General Provisions
On an annual basis, school administrators will notify students, their families members, and school personnel about current policies concerning HIV infection, and provide convenient opportunities to discuss them. Information will be provided in major primary languages of students’ families.
Adopted: December 9, 1991
Revised: August 12, 2002
The official workweek for maintenance personnel including custodial staff begins at 12:01 a.m. on Monday through Midnight on Sunday.
The workday for maintenance personnel consists of eight hours, not including a lunch period of at least thirty minutes. An employee’s workday is scheduled by his or her immediate supervisor.
Adopted: October 12, 1992
Revised: November 13, 2000
The Mountain Brook Board of Education recognizes that most human problems can be successfully treated, provided they are identified in the early stages and referred to appropriate types of care. The purpose of the Employee Assistance Program (EAP) is to offer a method for identification and referral so that District employees and their families can take constructive action in dealing with personal problems.
I. General Guidelines
A. Program participation is voluntary and confidential. Whether the employee enters the program voluntarily or by referral, all matters will be conducted on a strictly confidential and humane basis. The employee may enter the program through self-referral or supervisory referral.
B. Employees who have a problem are encouraged to seek counseling and information on a voluntary basis by contacting the designated EAP Coordinator.
C. No documentation regarding the employee’s participating in the EAP will become part of the employee’s personnel file, and at no time shall the District discriminate against any employee in terms of job security or promotional considerations as a result of that employee participating not participating in this program.
D. At an employee’s request, sick leave may be granted for treatment or rehabilitation on the same basis as is granted for ordinary health problems.
E. If there are costs incurred as a result of a program referral that exceed those covered by the employee’s insurance benefits, these additional costs will be the responsibility of the employee.
F. It shall be within the employee’s discretion whether or not to comply with the referral or whether or not to follow the recommendations of the diagnostician or counseling agent.
II. Supervisory Referrals
A. If there is an indication that personal problems may be the cause of unsatisfactory performance, the employee may receive an offer of assistance to help resolve such problems in a confidential manner. In these cases, the supervisor will discuss the problem privately with the employee.
B. Supervisors will not diagnose personal problems or try to find causes. The employee will be referred through the EAP Coordinator to a qualified source.
C. The EAP Coordinator will notify the supervisor, in cases of supervisory referral, that the employee did/did not need and/or accept referral to appropriate care-giving agencies and programs. Simultaneously, the employee will also be notified that his/her supervisor knows of the employee’s reporting or non-reporting to a care-giving agency.
D. Job performance standards are not changed in any way by this policy. Rather, the policy offers a service designed to assist employees to return to an acceptable standard of performance and thus save valued people and jobs.
Adopted: December 12, 1994
It is the mission of the Mountain Brook Board of Education to provide an educational environment which enables each individual to reach his or her fullest potential. Consistent with that mission lies an important system goal: to promote a drug-free environment.
It is the policy of the Mountain Brook Board of Education that the use of alcohol and other drugs (as outlined under the Standards of Conduct) and the unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs is prohibited. Any employee violating this policy will be subject to disciplinary actions, up to and including termination of employment and referral to the appropriate authorities for prosecution. This policy has been adopted in accordance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. Nothing in this policy should be construed as precluding the Board from adopting additional or alternative programs, procedures, and penalties in order to achieve the goal of a drug- and alcohol-free public school system.
I. Standards of Conduct
A. The possession, use, transfer, sale, or distribution of alcoholic beverages by any employee while on the job or on school premises or off campus in connection with or affecting any school related activity is strictly prohibited. Violation of this policy will result in disciplinary actions up to and including termination of employment and referral to the appropriate civil authorities for prosecution.
B. The Mountain Brook Board of Education does not differentiate between drug users or sellers. The unauthorized manufacture, possession, use, transfer, sale, or distribution of controlled substances is strictly prohibited. Any employee who violates this prohibition while on the job or off will be subject to disciplinary action, up to and including termination of employment and referral to the appropriate federal, state, or local law enforcement agencies for investigation and prosecution.
C. The term “controlled substance” means any drug listed in 21 U.S.C. Section 812 and other federal regulations. Generally, these are drugs which have a potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine (including “crack”), methamphetamine (‘ice”), LSD, and PCP. They also include drugs which are not prescribed by a licensed physician.
D. Each employee is required to inform the Superintendent or his designee within five (5) days after he or she is convicted of a violation of any federal or state criminal drug statute (including but not limited to DUI), where such violation occurred either on or off the premises of the Mountain Brook School System. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal or state court.
E. The Superintendent of the Mountain Brook School System must notify the State Department of Education within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of a conviction of a violation of any federal or state criminal drug statute.
F. In cases where employees seek help regarding alcohol and other drug-(AOD) related problems, they will be referred to the Employee Assistance Program (EAP) Coordinator. This referral should not be construed as an avenue for avoiding the disciplinary sanctions described nor for avoiding compliance with job performance standards. The EAP services are designed to help employees receive therapeutic support during a time of personal crisis or troubles.
Employees may also choose to solicit support from any of the numerous community resources available (i.e., Aletheia House, UAB Substance Abuse Programs, Mental Health Association, etc.) to assist them with AOD-related problems. The costs for these services are the responsibility of the employee whereas EAP services are a fringe benefit offered at a reduced cost through the Mountain Brook Board of Education.
G. As a condition of further employment, the Mountain Brook Board of Education requires all employees to abide by this policy.
Adopted: December 12, 1994
I. Purpose
The School System Sick Leave Banks (hereinafter referred to as SLBs) are established to provide a loan of leave days for participating members after their accumulated sick leave days have been exhausted and to provide catastrophic sick leave. This action is authorized by The Code of Alabama and the Board of Education. In accordance with The Code of Alabama, the decision to have a joint or separate SLB(s) for certified and support staff is to be made by each group, utilizing a secret balloting process. The accounting of the SLB(s) shall be the responsibility of the Board.
II. The Sick Leave Bank Committee
A. Each SLB committee shall consist of five (5) members. At the beginning of each scholastic year four (4) shall be selected by a secret ballot election held among the sick leave bank members. One (1) member shall be appointed as the system’s representative by the superintendent, subject to board approval. The superintendent will be responsible for conducting the election in a fair and equitable manner, ensuring the confidentiality of the secret balloting process.
B. Members of the SLB committee will serve a term of one year. Terms shall be for the scholastic year. Vacancies shall be filled by the respective parties. No representative on the committee shall serve for a term longer than five consecutive years.
C. It shall be the exclusive responsibility of the sick leave bank committee to write the guidelines and administrative procedures of the sick leave bank, including the catastrophic leave provisions. It shall also be the committee’s duty to develop all necessary forms for the orderly operation and administration of the sick leave bank and catastrophic leave provisions. A uniform state form provided by the State Department of Education shall be used to transfer and receive catastrophic sick leave days from one sick leave bank to another. Guidelines shall be approved by a secret ballot vote of the participating members of the sick leave bank.
D. Duties of the SLB Committee
Each SLB(s) guidelines shall include the regulations of this section. Additional guidelines shall be adopted by the SLB committee as may be deemed appropriate and beneficial. No Board or SLB committee shall adopt any regulation which conflicts with the following general regulations:
III. Eligibility and Participation in the Sick Leave Bank
A. Any full-time or part-time employee of the Board who has completed a Sick Leave Authorization Form depositing or committing the required days to the SLB is eligible to borrow up to fifteen (15) days from the SLB.
B. The deposit of leave days into the SLB must conform with the SLB guidelines set up by the SLB committee.
C. No employee shall be allowed to borrow or owe a number of days which is in excess of fifteen (15) days ,unless 50% of the participating members of the SLB vote to extend said limit.
D. To be eligible for a loan from the SLB, a participating member must have exhausted all accumulated sick leave in his/her personal account.
E. The Board Payroll Department shall maintain records of all member deposits to the SLBs, withdrawals from the SLBs, and the status of the SLBs. Reports shall be provided on a timely basis and at the request of the SLB committee, Superintendent, or Board.
F. The number of days loaned to an applicant shall be determined by the SLB committee. Factors to be considered include, but are not limited to, (1) the applicant’s need, (2) the circumstances of the illness or disability, (3) years of service to the system, and (4) the availability of days in the SLB.
IV Procedures for Sick Leave Due to Catastrophic Illness
A. Employees participating in an SLB, at their discretion, may donate a specific number of days to the sick leave bank to be designated for a specific employee for use against a catastrophic illness. Any illness, injury, or pregnancy or medical condition related to childbirth certified by a licensed physician which causes the employee to be absent from work for an extended period of time is defined as catastrophic illness.
B. The employee who is to receive sick leave days for a catastrophic illness shall be a member of an SLB and shall have no sick leave and personal leave available (i.e. the member will have exhausted all accumulated days of leave and have no days that can be borrowed from the bank).
C. The ill employee may use the donated days but shall not be required to repay the days. Also, donated days may be used to repay the SLB.
D. The employee who donates sick leave days to the sick leave bank for a particular employee for use against a catastrophic illness shall not be able to recover such donated days. However, if the particular employee does not require all the days donated to him/her, the days shall revert to the credit of those employees who donated the days in accordance with the guidelines adopted by the sick leave bank committee.
Sick leave days may be donated to a beneficiary employee to be used for the same reasons that regular sick leave may be used according to law (Code of Alabama, Section 16-1-18.1).
E. No employee may donate more that 30 sick leave days, exclusive of the minimum deposit to the sick leave bank for the catastrophic sick leave of any one employee.
F. The SLBs are authorized to donate sick leave days to another SLB, including SLBs of other Alabama school systems, for use by a particular employee who is suffering a catastrophic illness.
Adopted: March 20, 1995
Revised: March 12, 2001
LEGAL REF: The Code of Alabama, Section 16-22-9 and supporting provisions in Section 16-1-18.1.
No person shall be denied employment, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity on the basis of disability, gender, sexual orientation, race, religious preference, national origin or ethnic group, color, or age.
Purpose: To resolve at the lowest possible administrative level, differences and issues related to alleged discrimination against employees within the meaning of the Vocational Rehabilitation Act, the Americans with Disabilities Act, Title IX, or the Federal Education Amendment, and any other applicable state or federal statute or regulation. These proceedings will be kept as informal and confidential as may be appropriate at all levels of procedure.
Definitions: A “grievance” is a complaint by any professional or support staff member specifically asserting a possible violation of any of the above-referenced statutes or regulations. A grievance procedure is the method by which a person may seek to resolve such a complaint.
Level One (Informal Procedures)
The aggrieved employee must first discuss his or her grievance with the immediate supervisor with the objective of resolving the matter informally. (The principal should be considered the immediate supervisor for all building employees.) If the person against whom the complaint is being made is the aggrieved employee’s immediate supervisor, the employee may take the complaint to the appropriate Coordinator.
The aggrieved employee and his/her immediate supervisor should confer on the grievance with a view toward arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may appear alone or be accompanied by a representative of his or her choice. The supervisor may have such other persons present as he or she deems appropriate.
If the grievance arises from the actions of a specific person or persons, the supervisor should inform such persons of the nature of the grievance and attempt to ascertain the facts of the case from their perspective. If it is agreeable to all parties, a conference will be held which includes the aggrieved employee, the supervisor, and the person(s) against whom the grievance has been made. Each of these parties may appear alone or be represented, and the discussion should be directed at reaching a mutually satisfactory resolution of the complaint.
Level Two (Formal Procedures)
Step 1
If as a result of the discussion between the complainant, supervisor and possible other parties, the matter is not resolved to the satisfaction of the complainant, then within five (5) school days of such conference, unless an exception is granted by the supervisor in his or her sole discretion, he or she shall set forth his or her grievance in writing to the supervisor specifying:
The complainant shall be informed that if he or she so requests, assistance will be provided in developing a written statement of the grievances. The supervisor should communicate his or her decision in writing to the complainant upon the written presentation of the grievance in as soon as practicable, preferable within 10 school days. If a grievance is pursued beyond this level, written records should be forwarded to the next level of procedure by the complainant.
Step 2
If the complainant is not satisfied with the disposition of his or her grievance at Level Two, Step 1, he or she may present his or her grievance to the Superintendent of Schools within five (5) school days of receipt of the supervisors written decision unless an exception is granted by the Superintendent. The superintendent may consult with or refer the matter to the appropriate coordinator, in the superintendent’s sole discretion.
The Superintendent or coordinator, as the case may be, should review the written record, counsel with the complainant, hear witnesses as he or she deems necessary, and render a decision in writing as soon as practicable. The Superintendent is authorized to develop specific procedures that will provide for fair consideration and orderly review of complaints and grievances. Such procedures may not unreasonably burden or delay the presentation or processing of such matters and will be subject to Board review and modification.
Level Three (Formal Procedures)
In the event the employee is not satisfied with the disposition of his or her grievance at Level Two, Step 2, he or she may file the grievance in writing with the Board of Education through the office of the Superintendent within five (5) school days after receipt of the decision from Level Two, Step 2, unless an exception is granted by the Superintendent.
He or she may request a private hearing before the Board of Education by providing a written request to the Superintendent within the same time frame. In that event, the Superintendent will submit to the Board of Education copies of the written record. The aggrieved employee as well as the Superintendent and school system staff may be represented or accompanied by legal counsel at this hearing, and minutes of the proceeding will be made. The Board of Education may call witnesses as it deems appropriate. The aggrieved employee shall be given a written decision by the Board of Education as soon as practicable, preferable within 10 school days.
Adopted: March 20, 1995
Revised : July 11, 2016
I. SICK LEAVE
The sick leave plan for all employees shall be in accordance with the rules and regulations established by the State of Alabama and the Board of Education and are outlined as follows:
A. All employees shall be allowed sick leave at the rate of one day per contracted month and shall be permitted to accumulate these days to the maximum the state allows.
B. Full pay for sick leave shall be allowed only if the absences fall within the definition of sick leave established by the State Board of Education and outlined below:
C. If an employee of the Board of Education is absent from his or her job due to personal illness or illness in the immediate family as described above, he or she shall notify his or her supervisor as soon as possible so that arrangements for substitutes can be made. If after a period of five (5) consecutive working days of absence an employee has failed to notify his or her supervisor then the Mountain Brook Board of Education will consider such absences as a resignation, unless circumstances beyond the control of the employee prevent the employee from giving notice.
Note: Employees who are absent from work without personal leave or sick leave may be terminated depending on the circumstances.
D. If an employee of the Board of Education is absent from his or her job due to personal illness or illness in the immediate family as described above for more than ten (10) consecutive working days (or more than 5 days for food service employees), a physician’s certificate will be required, stating the nature of the illness and the approximate date the employee should be able to return to his/her job, and such statement should be attached to the proper payroll form for the Business Department. Documentation may also be required if sick leave is used in an unusual manner. Sick leave is not transferable to another individual unless specifically allowed by state statute.
II. FAMILY AND MEDICAL LEAVE
Employees who are eligible under the Family and Medical Leave Act of 1993 (FMLA) may take leave for up to 12 workweeks during a calendar year for any one or more of the following reasons:
From the inception of the qualifying event, the 12-week FMLA leave entitlement is to be charged concurrently with accumulated sick leave, annual leave or leave without pay. Any FMLA leave taken for a single condition should be taken all at one time. An employee may take FMLA leave intermittently or by reducing his/her work schedule to care for a family member with a serious health condition or for the employee’s own serious health condition, only if medically necessary and with proper medical certification. Any intermittent leave schedule must be approved by his or her supervisor and the superintendent. An eligible employee who is a covered service member's spouse, child, parent or next of kin may also take up to 26 work weeks of FMLA leave during a calendar year (consecutive or intermittent) to care for the service member with a serious injury or illness.
The Board may require the employee to provide medical certification of the serious health condition from the attending health care provider. The certification must be submitted within 15 calendar days after the Board requests it. Failure to provide the certification in a timely manner according to policy may result in denial of taking leave and/or discipline up to and including termination. The Board may require, at its discretion and expense, a second medical opinion. If the first and second opinions differ, the Board, at its own expense, may require the binding opinion of a third health care provider approved jointly by the employee and the Board. The Board may require periodic recertification on a reasonable basis. The Board may also require, as a condition of reinstatement, certification from a health care provider that the employee is able to resume work.
Spouses who are both employed by the Board are entitled to a maximum of twelve (12) weeks of leave combined (rather than twelve (12) weeks each) for the birth or placement of a child for adoption or foster care. However, if an employee’s child or spouse is seriously-ill, both the employee and his or her spouse are each entitled to twelve (12) weeks of leave. Leave may begin prior to birth or placement, as circumstances dictate. An employee’s FMLA entitlement to leave for the birth or placement of a child for adoption or foster care shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement.
During FMLA leave, the Board will maintain the employee’s individual group insurance benefits at the same level and under the same conditions as if the employee had been working. Dependent insurance coverage must be paid by the employee. If an employee fails to return to work at the conclusion of the approved leave, he/she may be required to reimburse the Board for the employer’s portion of the premium paid on their behalf during the leave.
Should an employee request FMLA-qualifying leave, the employee must give the Board at least thirty (30) days’ advance notice of the need for leave when it is foreseeable, such as a birth, placement of a child for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member, and must set forth:
If 30 days’ notice is not practicable, such as a medical emergency, notice must be given as soon as practicable (which ordinarily means at least verbal notification to the employee’s supervisor within 1 or 2 business days of when the need for leave becomes known to the employee). Reasonable efforts must also be made to schedule foreseeable leave so as not to unduly disrupt work operations, subject to the doctor’s approval. Failure to give the required notice may delay the taking of FMLA leave until at least 30 days after the date the employee provides notice to the Board of the need for FMLA leave.
To be eligible for the leave, an employee must:
Upon timely return from FMLA-qualifying leave and proper certification, an eligible employee who has not been designated a “key” employee by the Board, will be restored to his/her last position or an equivalent position with equal pay, benefits, and other conditions and terms of employment.
Employees involved in disciplinary actions from management will still be under those actions after returning to work from FMLA leave of absence.
It is the policy of the Board not to unlawfully interfere with, restrain, or deny the exercise of any right provided under the Family and Medical Leave Act (FMLA). It is not the intent of the Board to discharge or discriminate against any person for enforcing the FMLA or opposing practices made unlawful by FMLA; nor is it the Board’s intent to discharge or discriminate against any person because of involvement in any proceeding under or related to FMLA. FMLA’s enforcement procedures parallel those of the federal Fair Labor Standards Act. The FMLA will be enforced by the U.S. Department of Labor’s Wage and Hour Division. If an eligible employee has a complaint regarding an FMLA violation, he or she should discuss it with the supervisor, following the chain of command leading to the Board’s Personnel Office.
III. EMERGENCY LEAVE
Emergency Leave: On the basis of a written request approved by the Superintendent, emergency leave may be authorized in the case of extreme emergency when the year’s personal leave days have been expended. For each day of approved emergency leave there shall be a full salary deduction equal to the employee’s daily rate of pay.
IV. VACATION LEAVE
Vacation For All Twelve Month Employees: Twelve-month employees will be granted .8333 days vacation leave per month (10 days per year). After ten (10) years of service with the Mountain Brook Board of Education, they will earn 1-1/4 (1.25) days per month (15 days per year). All twelve month employees shall be permitted to accumulate vacation for a maximum of 20 days for less than 10 years of service and 30 days for greater than 10 years of service. At the beginning of his or her contract period (July – June for 12-month employees), if an employee’s vacation balance exceeds the accumulated limit he or she will lose the difference, unless specific authorization is given by the Superintendent. Taking unearned vacation shall not be allowed without permission of the Superintendent.
Twelve-month employees can use all their vacation prior to either retirement or resignation. In the event that an employee is terminated he or she will be reimbursed for any earned vacation days at his or her current daily rate. Vacation should be requested in writing at least 5 working days prior to the requested date, and may be granted by the administrator. Employees will not be reimbursed for earned vacation prior to the end of their employment with the school system.
V. PERSONAL LEAVE
Each employee shall be allowed three (3) days of personal leave with full pay for any annual contract period. After 15 years of service with the Mountain Brook Board of Education another personal leave day is awarded making a total of 4 personal days. Personal leave is non-cumulative.
Personal leave should be requested in writing at least 3 days in advance. In granting personal leave to employees, each school may have a daily limit of one per ten teachers or any fraction thereof. For example, if a school has 21 teachers, as many as three teachers may be away on personal leave on any one day. No personal leave shall be granted within the 10-day period beginning with Institute Day, nor during the last 10 days of the scholastic year, except in emergencies. At the end of a contract period any unused local personal leave days will automatically convert to sick leave for future use.
VI. PROFESSIONAL LEAVE
Upon written request by the employee and approval by the principal, professional leave may be granted for the purpose of attending national, regional, state or local meetings. The Board of Education will provide financial assistance on an equitable basis and to the extent that it is feasible.
VII. OTHER EXTENDED LEAVE
Upon written request by the employee, the Board may grant leaves of absence for up to one year for reasons other than those mentioned above; with the stipulation that the employee will be re-employed in the first vacant position for which he or she is qualified and certified. Such request should be submitted no later than March 15 prior to the next scholastic year.
VIII. CONTINUATION OF SALARY DURING ABSENCES DUE TO JOB-RELATED INJURY
It is the policy of the Mountain Brook Board of Education that salaries of employees shall be continued during absences due to job-related injuries for a period of up to ninety (90) working days. Such continuance is subject to the following requirements:
A. Employee salaries may be continued during their absence due to job related injury upon presentation to the Superintendent of satisfactory evidence which demonstrates that the absence was due to job-related injury.
B. Payments to an employee shall equal 100% of that employee’s regular daily salary for each day absent from the job-related injury.
C. Salary continuation may be made only for temporary disability where there is a reasonable expectation that the employee will return to work, and the salary continuation will not exceed ninety (90) working days.
Absence due to job-related injury shall be treated as sick leave for purposes of claiming reimbursement for substitutes and no deduction from employees’ accumulated sick leave shall be required for paid absence due to job-related injury. However, this does not preclude an employee who is absent due to job-related injury from using sick leave.
The Superintendent shall establish procedures to ensure that employees absent from work will be informed about their rights to proceed before the Alabama State Board of Adjustment.
IX. MATERNITY LEAVE
At the employee’s request, maternity leave may be granted without pay. The employee and the administrator will agree upon the length of the leave, taking into consideration the welfare of students for whom the teacher is responsible.
An employee on maternity leave must submit to the Superintendent written notification of her desire to return to work and will be assigned to fill the first available vacancy for which she is qualified and certified.
The employee may choose to use her accumulated sick leave days during the period of maternity leave. If so, she may use any accumulated sick leave, unless current regulations of the State Department of Education prohibit such payment.
X. SABBATICAL LEAVE
A full time certified teaching staff member with at least 15 years of service in the Mountain Brook School System shall be permitted to take a one-time, one-year sabbatical without pay and benefits; with the assurance that the teacher will be re-employed in the first available vacancy for which he or she is qualified and certified. Such requests must be submitted no later that March 15 prior to the next scholastic year. If the staff member taking sabbatical leave does not intend to return to his or her position, he or she should notify the Superintendent on or before March 1 of the sabbatical year.
XI. MISCELLANEOUS
A full-salary deduction shall be made for an absence from duty for reasons other that those covered by the above leave provisions. The salary deduction for each day of such absence shall be at the daily rate of pay.
Adopted: September 11, 1995
Replaces: G-8, G-8a, G-14, G-19, G-19a, G-20, G-29
Revised: August 13, 2007
Revised: March 9, 2009
Revised: July 11, 2016
The Mountain Brook Board of Education recognizes that our employees are our greatest asset. Our employees are the key to our goal of providing the best possible education program for our students. To achieve our goal, and to maximize the skills and talents of our employees, it is important that every employee of our school system understands the dangers of drug and alcohol abuse and is aware of the state and federal requirements concerning substance abuse. This policy statement is offered to clarify our position on employee drug and alcohol use. This policy and procedures should not be construed as contractual in any nature.
Policy Objectives:
Substance abuse is a serious threat to the school system, its employees and students. Though the percentage of substance abusing employees may be relatively small, practical experience and research indicate that appropriate precautions are necessary. It is the belief of the Board that the benefits derived from the policy objectives outweigh the potential inconvenience to employees. The Board earnestly solicits the understanding and cooperation of all employees in implementing this policy.
The Board requires that all employees report to work without any alcohol or illegal or mind altering substances in their system. No employee shall report for work or remain on duty requiring the operation of a motor vehicle or other hazardous equipment or performing job duties in a hazardous environment when the employee is using any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s work, the school system’s relationship with the government or reflects badly on the school system.
In order to avoid creating safety problems and violating the Drug and Alcohol Policy, employees must inform their supervisor or the school system’s Medical Review Officer when they are legitimately taking medication which may affect their ability to work.
The school system also prohibits employees from using, possessing, manufacturing, distributing or making arrangements to distribute illegal drugs while at work or on school system property.
Enforcement
In order to enforce these rules, the school system reserves the right to require all employees (defined as all employees subject to 49 C.F.R. Par 40 and the Omnibus Transportation Employee Testing Act of 1991 as well as other employees subject to testing under the authority of the Board) to submit to drug tests to determine the presence of prohibited substances any time an employee is on duty or at any time an employee may normally be called to be on duty. The School Board is required to and will develop, implement, and enforce a drug and alcohol policy for its employees as a condition of compliance with the Omnibus Transportation Employee Testing Act of 1991.
Pursuant to Board policy and regulations, applicant testing may be required. All current employees may be required to undergo testing at scheduled physical examinations, and/or in circumstances where the Board has reasonable suspicion to believe an employee has violated its Alcohol and Drug Policy, and/or on a random basis without advance notice. Employees are required to report all accidents involving school property or personnel, or accidents that occur during school hours, or on school-related activities. Employees involved in such accidents may be required to submit to alcohol screening within two (2) hours and to drug screening within thirty-two (32) hours of a reportable accident. Employees who return to work following rehabilitation will be required to undergo return-to-duty or follow-up testing in addition to the general school system testing requirements.
The Board also reserves the right to search desks, cabinets, tool boxes, vehicles, including personal vehicles brought on the school system’s property, bags or any other property at the school or in vehicles when the Board has reasonable cause to believe an employee has violated its Alcohol and Drug Policy.
Violation of these rules, including testing positive, will subject the employee to discipline, including discharge. Refusal to cooperate with the School Board in any test investigation will result in discipline, including discharge as appropriate under the applicable state and federal laws.
All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer thorough its drug and alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings except in accordance with the Policy Consent/Release Form.
Any questions should be directed to the person assigned by the Superintendent and/or School Board as its Drug Testing Program Coordinator.
Rationale and Procedures
I. General Policy
Practical experience and research has proven that even small quantities of narcotics, abused prescription drugs or alcohol can impair judgment and reflexes. Even when not readily apparent, this impairment can have serious results, particularly for employees operating vehicles or potentially dangerous equipment. Drug-using employees are a threat to students, co-workers, and themselves, and may make costly errors. For these reasons, the school system has adopted a policy that all employees must report to work completely free from the effects of alcohol and/or the presence of drugs, unless used as prescribed by a physician.
II. Drug Use/Distribution/Impairment/Possession
All employees are prohibited from using, possessing, distributing, manufacturing, or having controlled substances, abused prescription drugs or any other mind altering or intoxicating substances present in their system while at work or on duty.
III. Alcohol Use/Possession/Impairment
All employees are prohibited from possessing, drinking or being impaired or intoxicated by alcohol while at work or on duty. While employees are prohibited from having any alcohol present in their system while on duty, a Breath Alcohol Concentration (BAC) of .04 will be accepted as presumptive evidence of intoxication. Additionally, mandated employees (employees subject to provisions of 49 C.F.R. Part 40 and the Omnibus Transportation Employee Testing Act of 1991) with a BAC of .02 - .039 will be placed out-of-service for a period of no less that 24 hours. Evidential breath testing devices (EBTs) on the National Traffic Highway Safety Administration Conforming Products List will normally be used to determine BAC.
IV. Off-Duty Conduct
Off-the-job use of drugs, alcohol or any other prohibited substances which results in impaired work performance, including, but not limited to, absenteeism, tardiness, poor work product, or harm to the school system’s image or relationship with the government is prohibited. Employees should realize that these regulations prohibit all illicit drug use—on and off duty.
V. Prescription Drugs
The proper use of medication prescribed by a physician is not prohibited; however, the school system prohibits the misuse of prescribed (or over the counter) medications and requires all employees using drugs at the direction of a physician to notify the School Board’s Medical Review Officer (MRO) or their supervisor prior to beginning work when these drugs may affect their job performance, such as by causing drowsiness.
An employee or job applicant (with the exception of mandated employees) shall be allowed to provide notice to the school system of currently or recently used prescription or nonprescription drugs at the time of the taking of the specimen to be tested, and such information shall be placed in writing upon the employer’s drug and alcohol testing custody and control form prior to initial testing.
VI. Substance Screening
A. Applicants
Substance screening may be required for all final applicants. Such testing may be required either alone or as part of a pre-employment physical examination. Applicants are required to sign a consent/release form before submitting to screening. Applicants will be disqualified for hire if they test positive, refuse to submit to a test, substitute or dilute their specimen, or refuse to execute the required consent/release form.
B. All Current employees
1. Reasonable Suspicion
All employees may be required to submit to screening whenever a supervisor observes circumstances which provide reasonable suspicion to believe an employee has used a controlled substance or has otherwise violated the substance abuse rules. The supervisor’s determination that reasonable suspicion exists to require the employee to undergo an alcohol and drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or designee who has been trained for at least 60 minutes on alcohol misuse and an additional 60 minutes on controlled substance misuse.
The supervisor or supervisors requesting testing shall prepare and sign written documents explaining the circumstances and evidence upon which they relied within 24 hours of the testing, or before the results of the tests are released, whichever is earlier. While one supervisor may request a reasonable suspicion test, when feasible, supervisors are encouraged to obtain a second supervisor as a witness.
2. Random Testing
The Board may conduct random unannounced screening of all employees. Tests of employees for illicit drugs will be conducted in a number equal to or greater than 50 percent of the affected work force - - without advance notice - - in any given 12 month period. Tests of employees for alcohol will be conducted in a number equal to or greater than 25 percent of the affected work force - - without advance notice - - in any given 12 month period. There will be no maximum number of samples that any one individual will be required to provide during the testing schedule. Subsequent testing will be conducted at levels equal to or greater than the initial testing level. A private testing contractor will provide computerized random sample lists to the Drug Program Coordinator. The list of employees in the random pool will be updated on a monthly basis. Employees will be required to report to the school system’s designated collection site for testing immediately following notification. The tests will be spread reasonably over 12 months on an annual basis.
All employees may be tested during the initial implementation of the program
3. Post Accident Testing
Employees are required to immediately notify the Drug Testing Program Coordinator of any accident resulting in injury or damage to school system property. The Department of Transportation (DOT) requires post accident drug and alcohol testing following any accident which results in the: (1) loss of human life, or (2) receipt of a citation under State or local law for a moving traffic violation arising from the accident.
The school system may require an employee involved in any accident resulting in injury that requires more than simple first aid or results in damage to property, to undergo alcohol screening within 2 hours and drug screening within 32 hours of the occurrence of the accident. The school system will discipline any employee who fails to report an accident or submit to substance screening where required by law or this policy. The Drug Testing Program Coordinator shall complete an Accident Report in compliance with school system policy and applicable laws and regulations.
4. Return to Duty/Follow up Testing
All employees referred to rehabilitation through administrative channels, or suspended for violation of this policy, may be subject to unannounced testing following return to duty for a period of 12 to 60 months. Such employees shall be tested at the frequency stipulated in the abeyance contract or as scheduled by the MRO. The employee will be tested a minimum of six (6) follow up tests during the first twelve months. Testing will be on a daily, weekly, monthly or longer basis at the discretion of the MRO and will be in addition to the other types of tests provided in this policy.
Employees testing at a level of 0.04 BAC for alcohol or positive for drugs must be assessed by a Substance Abuse Professional (SAP), satisfy the recommendations of the assessment, test negative for drugs and below 0.02 BAC for alcohol and be released as drug-free by the Medical Review Officer prior to returning to duty.
5. Recertification: Physical Examination
All mandated employees may be required to undergo urinalysis as part of a recertification physical examination.
C. Testing Procedures
1. General Guidelines
The School Board and its lab shall rely, when practical, on the guidelines of the Federal Department of Transportation, Procedures For Transportation Workplace Drug Testing Programs, 49 C.F.R. Parts 40.1 through 40.413, and on the further guidance of the Omnibus Transportation Employee Testing Act provided in 49 C.F.R. Parts 382, 391, 392 and 395.
2. Substances Tested For All Employees
Employees may regularly be tested for: amphetamines, cannabinoids, cocaine, opiates, phencyclidine and alcohol. Testing for alcohol will also be conducted subject to the final provisions of the Omnibus Transportation Employee Testing Act of 1991. Employees may be tested for other substances without advance notice as part of a separate test performed by the school system for safety purposes. Such tests will be coordinated with the Designated Employer Representative.
3. Testing Procedures
The School Board reserves the right to utilize blood, hair, breath, saliva or urinalysis testing procedures. Only urinalysis and breath tests will be utilized in the pre-employment and random testing. All initial urine specimens will be confirmed by gas chromatography/mass spectrometry (GC/MS).
D. Collection Sites
The school system will designate collection sites in areas where it maintains facilities or job sites where individuals may provide specimens.
E. Collection Procedures
The School Board and the private testing contractor have developed and will maintain a documented procedure for collecting, shipping and accessing urine specimens. The School Board and the private testing contractor will utilize a standard Urine Custody and Control Form for all employee drug testing. The School Board and the private testing contractor will utilize a standard Breath Alcohol Testing Form for all employee alcohol testing. A tamper-proof sealing system, identifying numbers, labels will also be used for urine sample transportation. Alcohol results will use approved tamper evident tape.
Collection sites will maintain instructions and training emphasizing the responsibility of the collection site personnel to protect the integrity of the specimen and maintain as proper a collection procedure as reasonable. All collectors will undergo basic knowledge training, qualification training and an initial proficiency demonstration. A person who collects or takes a specimen for drug test pursuant to this policy shall collect an amount sufficient for two (2) drug tests as defined by the Department of Transportation. Where the school system has an employee collect the specimen, the Board will provide instruction and training to that employee. All alcohol testing will be performed by a certified Breath Alcohol Technician (BAT).
All employees will also be required to execute the school system Applicant/Employee Consent Form.
F. Occasions when the Collection Personnel Should Directly Observe the Specimen Being Provided
The school system has adopted the direct observation procedures as set out in Section 40.67 of the Department of Transportation regulations. An Employer or Medical representative at the collection site may directly observe an employee provide the specimen where there is reason to believe that an individual may alter or substitute the specimen. Section 40.67 sets out the only circumstances where direct observation is appropriate:
1. An employer MUST direct an immediate collection under direct observation with no advance notice to the employee if:
a. The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to the employer that there was not an adequate medical explanation for the result.
b. The MRO reported to the employer that the original positive, adulterated or substituted test result had to be cancelled because the test of the split specimen could not be performed.
2. An employer MAY direct a under direct collection observation of an employee if the drug test is a return-to-duty test or a follow-up test.
3. A collector MUST immediately conduct a collection under direct supervision if:
a. The Designated Employer Representative directs the collector to do so;
b. The collector observes materials brought to the collection site or the employee’s conduct clearly indicates an attempt to tamper with a specimen;
c. The temperature on the original specimen was out of range; or
d. The original specimen appeared to have been tampered with.
The collector or the employer must explain to the employee the reason for the direct observation.
Where necessary, a school system representative or medical personnel may obtain a specimen outside of a designated collection site (such as, a public restroom at an accident investigation).
G. Evaluations and Return of Results to the school system
The laboratory will transmit (by fax, mail, or computer, but not orally over the telephone) the results of all tests to the school system’s MRO. The MRO will be responsible for reviewing the quantified test results of employees and confirming that the individuals testing non-negative have used drugs or adulterated, substituted or diluted the specimen in violation of school system policy. Prior to making a final decision, the MRO shall give the individuals an opportunity to provide a medical explanation for the positive test result either face to face or over the telephone.
The MRO shall then promptly report to the Drug Testing Program Coordinator which employees or applicants test positive for drugs or adulterants, or a substituted or diluted specimen.
H. Request for Retest
All urine collections will include a split specimen. An employee may request a retest of the split specimen within 72 hours of notification of the final test result. Request must be submitted to the MRO.
The employee may be required to pay the associated costs of retest in advance.
I. Release of Test Results
All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer through its drug and alcohol testing program are confidential communications and may not be released except in accordance with the Policy Consent/Release Form. Information may be released without the employees consent in certain legal proceedings, including a lawsuit, grievance, or administrative proceeding brought by, or on behalf of, an employee and resulting from a positive, adulterated or substituted drug test or alcohol test or a refusal to test. Such information may only be released to the decision maker in such action and only with a binding stipulation that the decision maker will make it available only to parties to the proceeding.
All employees will be required to execute a consent/release form permitting the Board to release test results and related information to the Unemployment Compensation Commission, or other relevant government agencies.
The MRO shall retain the individual non-negative test results for five (5) years and negative test results for one year.
VII. Discipline
The School Board will discipline, including discharge, employees for any violation of the policy, including refusing to submit to screening, to execute a release, or otherwise cooperate with an investigation or search by the school system. Disciplinary measures will be instituted in accordance with state and federal laws.
All employees who test positive in a confirmative substance test will be subject to discipline up to and including discharge. Any applicant or employee specimen that is found by the collection site, laboratory or MRO to have been adulterated or substituted will be considered equivalent to a positive test. All current employees who test positive for adulterants or for substituting the specimen will be subject to discipline up to and including discharge.
Rehabilitation, at a pre-approved treatment provider, may be available to individuals who violate the policy. However, unless other provisions are available to the affected individual, assistance will be limited to the degree of treatment provided within the school system’s Employee Benefits Plan. The Drug Program Coordinator should be contacted for guidance.
No employee may be returned to regular duties after any rehabilitation or testing positive unless released for duty by the school system’s MRO. The employee must be seen by a Substance Abuse Professional (SAP) and follow the SAP’s recommendation for education and treatment. Prior to returning to work, the employee must have a negative drug or alcohol test.
Any employee returned to duty after violating the policy or testing positive will be subjected to aftercare and random testing as set out in a written Probation Agreement.
VIII. Training
Supervisors who are authorized to determine reasonable suspicion testing must receive a minimum of 60 minutes of training on alcohol abuse and an additional 60 minutes of training on controlled substance use and abuse.
The training shall cover the physical, behavioral, speech and performance indicators of probable use and misuse of alcohol and controlled substances. Documentation of training attendance must be maintained.
The Drug Testing Program Coordinator should be contacted for further guidance.
IX. Investigation/Searches
Where a supervisor has reasonable cause to suspect that an employee has violated the substance abuse policy, he or she may inspect vehicles which an employee brings on the School Board’s property, lockers, work areas, desks, purses, briefcases, tool boxes or other belongings, and at locations where school related activities are being conducted without prior notice in order to ensure a work environment free of prohibited substances. An employee may be asked to be present and remove a personal lock. Where the employee is not present or refuses to remove a personal lock, the Drug Program Coordinator will do so for him or her. The School Board may release any illegal, or controlled drugs, or paraphernalia to appropriate law enforcement authorities.
All searches should be coordinated with the Drug Testing Program Coordinator.
NOTE
These procedures should not be construed as contractual in any nature. They represent the School Board’s current guidelines in dealing with a developing problem under evolving laws and facts, and may be changed in accordance with school system policy and state and federal law.
Mountain Brook Board of Education
Policy Consent/Release Form
I have read the above statement of policy and agree to abide by the School Board’s drug and alcohol testing rules. I agree to submit to drug or alcohol tests at any time as a condition for my initial or continued employment. I authorize any laboratory or medical provider to release test results to the Mountain Brook Board of Education and its Medical Review Officer (MRO).
I expressly authorize the School Board or its MRO to release any test-related information, including positive results, to the Unemployment Compensation Commission, or any other relevant government agency.
I understand that this agreement in no way limits my right to terminate my employment or be terminated in accordance with federal and state law.
________________________________________ _________________________________________
Employee Date
_________________________________________ __________________________________________
Witness Date
Adopted: December 11, 1995
Revised: November 5, 2001
It is the policy of the Mountain Brook Board of Education that good sportsmanship and ethical behavior be displayed at all athletic events in which school teams participate. In order to assist in insuring that this occurs, the following practice will become effective upon the adoption of this policy.
If an athletic coach causes a fine to be levied against his or her school by the Alabama High School Athletic Association due to the actions or behavior of the coach, the amount of the fine will be deducted from the coaching supplement included in the coach’s annual salary.
Adopted: July 16, 2001
The Mountain Brook Board of Education believes that the way one proceeds to study is critical to his/her successful grasp of a subject, therefore, it shall be the duty of the professional staff to provide planned instruction in study skills for students.
The Board also believes that planned homework is a vital part of a student’s educational experience. In compliance with Alabama State Board of Education Resolution #F-2, adopted February 23, 1984, the professional staff of the Mountain Brook School System shall establish written guidelines for homework that is planned and appropriate for each level of educational experience beginning with the school year 1984-85.
Adopted: April 22, 1985
The Mountain Brook elementary schools have had for years a planned program for parent-teacher conferences in the interest of each student, once in the fall and again in the spring. The Board believes that well planned parent-teacher conferences are invaluable in achieving the fullest possible educational development of each student. Therefore, professional staff at all levels shall develop procedures for parent-teacher conferences, procedures deemed appropriate to the student’s level of educational development. Such procedures shall include the minimum number of planned conferences with the parent(s) of each student during the school year.
Adopted: April 22, 1985
It shall be the policy of the Mountain Brook Board of Education that effective assistance be provided each student in planning his/her high school curriculum. Furthermore, the Board requires that personnel, time and material resources be designated for such planning and that procedures for accomplishing it be set forth in writing by appropriate members of the senior high school professional staff.
Adopted: April 22, 1985
It shall be the policy of the Mountain Brook Board of Education to provide remedial instruction for each student whose performance on tests of desired knowledge and skills falls below a specified minimum level deemed appropriate for the student. The effectiveness of remedial instruction shall be assessed by appropriate tests of student performance, test data being collected and retained to document such effectiveness. In the case of a system-wide program of testing of student knowledge and skills, the school district’s professional staff shall describe in writing the procedures used to correct student deficiencies identified.
The above policy is not to be construed as prohibiting efforts by the school district to encourage and assist each student in achieving higher than minimum levels of performance.
Adopted: April 22, 1985
The Mountain Brook Board of Education seeks to provide its students with a curriculum which:
Upon recommendation of the Superintendent or designee, the Board shall adopt a written district curriculum which describes, for each subject area and grade level, the content objectives which are to be taught in all district schools.
The district's curriculum shall be aligned with the district's purpose and goals for student learning, Board policies, state curriculum frameworks, graduation requirements.
The Superintendent or designee shall establish a process for curriculum development, selection, and/or adaptation which utilizes the professional expertise of students, teachers, parents, principals, and district administrators representing various grade levels, disciplines, special programs, and categories of students as appropriate.
The selection and evaluation of instructional materials shall be coordinated with the curriculum development and evaluation process.
The Superintendent or designee shall present information about the resources that would be necessary to successfully implement the curriculum and describe any modifications or supplementary services that would be needed to make the curriculum accessible to all students.
The review cycle for regularly evaluating the district's curriculum, in order to ensure continued alignment with state and district goals for student achievement, shall be conducted whenever the State Board of Education adopts new or revised content standards or the curriculum framework for a particular subject or when new law requires a change or addition to the curriculum.
In addition, the Superintendent or designee may review the curriculum in one or more subject areas as needed in response to student assessment results; feedback from teachers, administrators, or parent/guardians; new research on program effectiveness; or changing student needs.
Adopted: March 21, 1994
I. Selection of Library Materials
A. Philosophy
It is the goal and the responsibility of the school library media center to provide information access for the school community, to promote literacy and the enjoyment of reading at all levels of development, and to provide leadership in the use of informational skills and instructional design. The environment is conducive to self-discovery and inquiry with a focus on facilitating the learning process. The activities and resources included in the library media program shall be in keeping with the mission and goals of the Mountain Brook City Schools.
B. Mission
The mission of the Mountain Brook City Schools is to provide an educational environment which enables each individual to reach his or her full potential.
C. Goals
The selection process should provide for the consideration of requests from students, teachers, administrators, and the community. Selection of instructional materials should be based primarily upon review and evaluation reviews found in professionally prepared selection aids, such at The Children’s Catalog, The Elementary School Library Collection, Subject Index to Books for Intermediate Grades and other appropriate sources.
II. Reconsideration of Library Materials
A. Procedures
Occasional objections to instructional materials in a library media center may occur despite the quality of the selection process. The Mountain Brook Board of Education endorses the principles of intellectual freedom inherent in the First Amendment of the Constitution of the United States. Objections to materials may be expressed through the process outlined below by a member of the school’s faculty or the parent or guardian of a child in the schools.
Adopted: March 11, 1996
Revised: August 8, 2005
Revised: June 10, 2024
Purpose and Selection
Reading assigned in addition to board-adopted materials is considered “outside reading.” This category includes, but is not limited to, class study of novels/non-fiction books, small group reading of novels/non-fiction books, individual reading of novels/non-fiction books, and summer reading assignments. This category also includes books of which major portions are read, but which are not read in their entirety. It does not include newspaper or magazine articles or information obtained from Internet sources.
The purpose of outside reading is to enrich and support the curriculum standards at a level appropriate for the students in a given grade. Teachers may assign outside reading from the options approved by the Curriculum Development/Materials Selection Committee, which reviews the content and materials for each subject area once every six years. Whenever practical and appropriate, students should be given options from which to choose their outside reading.
Any additions or changes in approved outside reading between curriculum revisions must be recommended by the entire department and approved by the department chairman, principal, and director of instruction.
Reconsideration of Outside Reading Materials
Occasional objections to instructional materials in a course may occur despite the quality of the selection process. Objections to materials may be expressed by the parent or guardian of a child in the grade or course through the process outlined below. If such an objection occurs, the teacher, department chair, and principal will work with the family to determine an acceptable alternate assignment. If an agreement cannot be reached, the process outlined below will begin:
Adopted: August 8, 2005
1. Scope and Delivery of Services – The Board provides a virtual education option for grades 9 -12 that includes all courses that are needed to obtain the Mountain Brook High School standard diploma.
Such courses will be delivered through the Alabama State Department of Education’s ACCESS program and/or a district approved Learning Management System.
2. Student Eligibility Criteria – Students who meet the following requirements are eligible to participate in the virtual education program:
3. Monitoring Performance and Testing Requirements – Individual student performance will be monitored pursuant to the school system’s traditional academic credit requirements and grade scale. Students utilizing the virtual education option will be subject to all state testing and accountability requirements and will be subject to the same rules and regulations regarding the administration of such tests applicable to traditional public school students enrolled in the traditional public school.
The school system reserves the right to require students utilizing the virtual education option to participate in state testing and accountability requirements on campus at a date and time selected by the school system.
4. Attendance – The school system reserves the right to set specific attendance requirements for each virtual course in which a student is enrolled. The superintendent or his or her designee is authorized to develop alternate attendance policies for virtual courses, provided that students in such programs are given notice of the attendance requirements. A student’s failure to comply with such requirements may result in administrative action including, but not limited to, probation or removal from the class or a charge of truancy, if appropriate.
5. Removal – Students may be transitioned back to a traditional day program if 1) the student’s participation in the virtual program is impeding the student’s academic progress; 2) the student fails to meet virtual course attendance requirements; or 3) the student violates school system policies, procedures, rules or regulations, including, but not limited to, the school system’s rules governing the use of its technology resources.
6. Extracurricular Activities – Students must meet the same extracurricular activity eligibility requirements as students enrolled in the traditional day program, including, but not limited to, any applicable Alabama High School Athletic Association (“AHSAA”) requirements. Students’ residency for purposes of participating in extracurricular activities will be determined in accordance with applicable state law and AHSAA guidelines.
7. Additional Procedures Authorized – The Superintendent or his/her designee is authorized to develop such procedures as he or she deems necessary to implement this policy including, but not limited to, eligibility criteria for courses, methods for informing students and parents of the virtual program’s requirements and rules, and a process for making determinations regarding a student’s continued eligibility.
Adopted: May 16, 2016
Students are the first concern of the Mountain Brook Schools and must receive the primary attention of the Board and all staff members. Each student shall be considered and treated with respect as an individual. To this end, the Board and staff shall work together to establish an environment conducive to the very best learning for each student through achievement of the following goals:
Adopted: January 22, 1979
Revised: March 14, 2005
Classroom Disciplinary Procedure and Disciplinary Appeals for Teachers
The purpose of disciplinary rules and procedures is to support a positive learning environment within Mountain Brook Schools. All teachers are required to have a classroom management plan that has been approved by the school principal or their designee.
In the event a student exhibits any of the following behaviors, the student may be excluded from the classroom and placed in the control of the principal or their designee provided that the teacher has followed their classroom management plan.
Exclusionary Behaviors:
1) Engages in disorderly conduct
2) Behaves in a manner that obstructs the teacher or learning process of others in the classroom
3) Threatens, abuses, intimidates, or attempts to intimidate and educational employee or another student
4) Willfully disobeys a Board of Education (“Board”) employee
5) Uses abusive or profane language directed at a Board employee
If the student is excluded from the classroom, the principal or their designee will contact the parent in writing and (attempt) by phone giving notice of any disciplinary action. The principal or their designee will also provide written certification to the classroom teacher that the student may be readmitted and what, if any, disciplinary action was taken. If the student is excluded and is in grades 6-12, they will be excluded from that teacher’s classroom for the remainder of the day. Communication between the teacher and principal must occur before the student is readmitted.
If a student of any age is excluded from the classroom two times in one semester for the behaviors listed above, the student may only be readmitted to the classroom after a behavioral conference has been held with the principal, teacher, and parents, the principal or their designee informs the teacher of any discipline for the student moving forward, and the parents have been informed of the course of discipline. Following readmittance, if the student is excluded from the classroom for an additional incidence of disruptive behavior, the principal shall assign the maximum discipline provided for by the Student Code of Conduct for the infraction, if requested.
If a Grade 6-12 student is excluded for the remainder of the school day three times in one thirty-day period for disorderly conduct, interference with an orderly educational process, or obstruction of the teaching or learning process of others, the principal must assign an in-school or out-of-school suspension or alternative school placement.
If the principal refuses to allow a student to be excluded from the classroom pursuant to this policy or if the teacher believes the school has prematurely ended the exclusion of the student from the classroom, the teacher may appeal to the decision to the principal. If the matter is not resolved, the teacher may then appeal the decision to the Director of Student Services. If the matter remains unresolved, the teacher may then appeal the decision to the Superintendent. Finally, if the matter is still unresolved, the teacher may appeal the decision to the Board.
Each school will document disciplinary actions taken pursuant to this policy, and the Board will compile the documentation of such disciplinary actions for submission to the State Department ofEducation.
This appeals procedure does not supersede any other procedures outlined in the Mountain Brook Schools Code of Conduct.
All rules and regulations adopted by schools in the Mountain Brook School District shall meet the criteria of fairness and reasonableness and be legally defensible.
Rules and regulations shall be disseminated through a variety of means, i.e., oral reviews, explanations to parent groups, and publication in the Student Code of Conduct.
Adopted: January 22, 1979
Revised: July 7, 2024
The disciplinary appeals process is established for students who are suspended for more than 10 school days (long-term suspension), assigned to an alternative school placement for more than 15 school days per incident (long-term alternative school placement), or excluded from the regular school environment for more than 90 school days but less than 180 school days (expulsion).Placements will be considered per incident.
Any student receiving discipline of this criteria will receive written notice of a disciplinary hearing from the school via hand delivery or mail. If the parents do not confirm participation with the Director of Student Services at least three days in advance of the scheduled hearing, the hearing shall be waived. Unless the parties agree to an alternate date, the hearing shall be held within 10 school days after the initial suspension to determine whether the alleged violation occurred. The purpose of the hearing is to determine whether the alleged violation occurred, not agreement or disagreement with the consequence.
The student has a right to have a fair, unbiased review of the facts related to said situation. The student may be represented at the hearing by legal counsel or another advocate at the student’s expense. A school representative will offer evidence at the hearing that the student violated the Board’s Code of Conduct or the law. At least 5 days before the hearing, the school representative will provide the student a copy of any documentation that may be presented as evidence at the hearing related to the alleged violation. The student, parent, legal counsel, or advocate may present a defense, question witnesses (other than students under the age of 14) who are present and offering testimony, and present evidence that the violation did not occur. Anonymity of witnesses shall be protected and they may not be compelled to attend or testify in any disciplinary hearing.
The Board or its designee will provide a written decision within 5 school days after the hearing, which will include the basis for the decision including a reference to the provision of the code of conduct or law that has been violated, details of the information that will be included in the student’s official record, the student’s right to appeal the decision pursuant to the code of conduct and Section 12-15-115, and the procedures necessary to file an appeal. Both parties will receive an electronic or written record of the hearing from the Board of Education.
Approved: July 23, 2024
It is the policy of the Mountain Brook Board of Education that corporal punishment shall not be administered by any employee of Mountain Brook Schools to any student for any purpose.
Adopted: May 21, 2018
In compliance with the Alabama Administrative Code 290-030-010-06, it is the policy of the Mountain Brook School System that all persons are at all times prohibited from using tobacco products while in any building or on any Mountain Brook school property. Also prohibited are any and all electronic cigarettes, medically non-prescribed vaporizers, or any device or object used to deliver any medically non-prescribed substance into the body while in any building or on any property belonging to the Mountain Brook School System.
I. STUDENTS
Students are prohibited from using the above-described products while on Mountain Brook school property (indoors or outdoors), during and after school hours, or at any school-sponsored event, during and after school hours.
II. SANCTIONS
Adopted: January 22, 1979
Revised: August 20, 1990
Revised: December 11, 1995
Revised: November 10, 2014
It is the policy of the Mountain Brook Board of Education to provide all students, including language minority students, migrant students, immigrant students, homeless students, and students in foster care with meaningful and appropriate educational programs allowing all students the same benefits and rights of participation regardless of race, color, disability, sex, religion, national origin, or age. The enrollment of homeless, migrant, immigrant, limited English proficient children and youth, and students in foster care shall not be denied or delayed due to any of the following barriers:
Source: No Child Left Behind Act of 2001, Title III, Part C, Sec. 3102
Plyler vs. Doe, 457 U.S. 202 (1982)
Stewart B. McKinney Homeless Assistance Act of 1987
Source: ALSDE Memo, Enrollment Procedures, June 26, 2014
Source: ESSA Act of 2016, ESEA section 1111(g)(1)(i)-(iii)
Adopted: December 15, 2003
Revised: November 10, 2014
Revised: February 13, 2017
It is the policy of the Mountain Brook Board of Education to make school placement decisions in the “best interest” of a homeless child or youth. Any homeless student will continue in the school of origin for the duration of homelessness when a family becomes homeless between academic years or during an academic year; or for the remainder of the academic year if the child or youth becomes permanently housed during an academic year. The student may enroll in any school that non-homeless students who live in the attendance area in which the student is actually living are eligible to attend.
If school enrollment decision is contrary to the wishes of the child or youth’s parent/guardian, the school district will provide the parent, guardian, or unaccompanied youth with a written explanation of the decision, a statement of the right to appeal, and procedure for appealing the placement decision. The complainant must file a School Enrollment Dispute form with the school district in which the student is presently enrolled. The Homeless Liaison will take steps to resolve the dispute.
When a dispute arises regarding school placement, the system will immediately enroll the homeless student in the school in which enrollment is sought by the parent, guardian, or unaccompanied youth, pending resolution of the dispute. The Homeless Liaison will expeditiously take steps to resolve the dispute. If the dispute cannot be settled by the Homeless Liaison, the liaison will assist the complainant in seeking technical assistance from an appropriate service agency.
Adopted: January 8, 2007
Updated: November 10, 2014
It is the policy of the Mountain Brook Board of Education to work with foster parents in Mountain Brook and child welfare agencies to make school placement decisions in the “best interest” of a foster child living in Mountain Brook in order to provide educational stability.
A child in foster care will remain in his or her school of origin, unless it is determined that remaining in the school of origin is not in that child’s best interest.
If it is not in the child’s best interest to stay in his or her school of origin, the child will be immediately enrolled in the appropriate Mountain Brook school even if student records normally required for enrollment are not immediately available. The enrolling school will immediately contact the school of origin to obtain relevant academic and other records.
Source: (ESEA section 1111(g)(1)(E)(i)-(iii)).
Adopted: February 13, 2017
Please contact the Mountain Brook Schools Foster Care Point of Contact, Lanie Kent at 205-871-4608 for questions regarding school placement of students in foster care.
If a dispute regarding school placement of a student in foster care cannot be settled by the Mountain Brook Schools Foster Care Point of Contact, contact the Alabama State Department of Education Foster Care Point of Contact, Julie Turner, at 334-242-8199.
It is the policy of the Mountain Brook Board of Education that students shall attend the elementary school that is located in the attendance area in which they reside.
Adopted: January 22, 1979
Revised: April 11, 1994
It is the policy of the Mountain Brook Board of Education that residences within the city limits of Mountain Brook which are located on the streets listed below shall comprise an optional school attendance area. Residents of the optional school attendance area shall be given the option of enrolling their children in either Mountain Brook Elementary or Brookwood Forest Elementary School.
All new residents of the optional attendance area shall be informed of this policy by the Superintendent or his designee at the time said residents seek permission to enroll their children in school.
Residents in the optional attendance area who may wish to transfer their children from Mountain Brook Elementary School to Brookwood Forest Elementary School or from Brookwood Forest Elementary School to Mountain Brook Elementary School shall present such a request in writing to the Superintendent on or before August 1. The Superintendent shall have the authority to deny a request for transfer if such transfer results in over-crowding or any other condition which, in the judgement of the Superintendent, is not in the best interests of the students. In the event that a transfer is approved, it shall be considered a permanent transfer.
Streets which comprise the optional attendance area are as follows:
Arundel Drive |
Deer Park Road |
Royal Oak Circle |
Asbury Place |
Green Valley Road |
Royal Oak Court |
Asbury Road |
Halbrook Lane |
Royal Oak Drive |
Brook Hollow Lane |
Hunters Lane |
Seven Barks Circle |
Buckingham Lane |
Knollwood Drive |
Weatherton Circle |
Buckingham Place |
Knollwood Lane |
Weatherton Drive |
Canoe Brook Circle |
Little Branch Road |
Williamsburg Circle |
Canoe Brook Lane |
Orleans Road |
Williamsburg Drive |
Cromwell Drive |
Overton Road (Hwy 280 |
Woodridge Road |
|
to Fairhaven Drive) |
|
Adopted: July 13, 1981
Revised: February 13, 2023
Every child in the Mountain Brook School District between the ages of seven (7) and sixteen (16) years shall be required to attend school for the entire length of the school term in every scholastic year.
Children of Mountain Brook residents who are five (5) years old on or before September 1 are eligible for enrollment in public kindergarten.
Children of Mountain Brook residents who are six (6) years old on or before September 1 are eligible for enrollment in the first grade.
Adopted: January 22, 1979
Revised: November 13, 2000
It is the policy of the Mountain Brook Board of Education that students may be dismissed from school prior to the end of the school day provided that the following conditions are met:
Illness
If a student becomes ill prior to the end of the school day, he or she may be dismissed early in accordance with the following procedures:
Parent Designee
An individual who is not the parent or legal guardian or a student, or a parent who no longer retains legal custody of a student may not verify the early dismissal of said student and will not be permitted to pick up said student unless the principal or his or her designee receives written permission from the legal custodian of the student or the principal takes appropriate action to insure that the legal custodian authorizes such dismissal from school.
Adopted: January 22, 1979
It is the policy of the Mountain Brook Board of Education that special drills will be planned by the local school principal and staff to assure the orderly movement and placement of students in the safest available areas.
I. Fire Drills
An orderly plan for evacuation of students and staff, in case of fire, shall be developed by the principal and staff of each school in the Mountain Brook School District. Plans shall be developed in cooperation with local fire department officials and rules and regulations as may be set forth by Alabama law and the State Fire Marshall’s office.
Fire drills shall be held in each school at least once a month and a report filed with the Superintendent of Schools. Fire exit plans shall be posted in each school in all rooms occupied at any time by students.
II. Civil Defense Drills
Local school principals shall cooperate with local civil defense officials to plan and implement drills that would help to insure the safety of students and staff in the event of a national or local emergency.
II. Tornado Drills
Weather warning definitions – In order that action to be recommended be effectual in the correct time frame, the following storm warnings used by the Bureau of Weather Services are defined in order of severity.
A. Severe Thunderstorm Watch
Means that weather conditions are such that a severe thunderstorm may develop.
B. Severe Thunderstorm Warning
Means that a severe thunderstorm has developed and will probably affect those areas stated in the weather bulletin.
C. Tornado Watch
Means that weather conditions are such that a tornado may develop.
D. Tornado Warning
Means that a tornado has been formed and sighted and may affect those areas stated in the weather bulletin.
Recommended Actions – The following actions coincide with the conditions cited above.
A. Severe Thunderstorm Watch
Those in charge are to review the severe weather plan of operation.
B. Severe Thunderstorm Warning
Relocate all students from portable classrooms and play areas to the main school building or building designated as storm location building.
C. Tornado Watch
Notify all teachers of impending weather conditions and open all transom windows and doors between classrooms and corridors.
D. Tornado Warning
All students are to be relocated to the inner corridors or areas designated as safest places by the Civil Defense authorities.
TORNADO WARNING PERIOD – GENERAL PROCEDURES
DRILL PROCEDURES
DISMISSAL OF SCHOOL DURING SEVERE WEATHER CONDITIONS
In the event the dangerous or potentially dangerous weather conditions are present at the time school is normally dismissed, the school principal shall require that all students remain in school until such conditions are no longer present.
Adopted: January 22, 1979
The Mountain Brook Board of Education through its Superintendent shall contract with a reputable insurance company to provided low-cost student accident insurance for the students enrolled in the schools of the Mountain Brook School District. The insurance program is a service to the students and may be participated in by all students of the School District on a voluntary basis.
The Board may require a student in certain curricular or extracurricular activities, including junior-high and senior-high athletic participants, to participate in the school accident insurance program or file with the school principal a statement from the student’s parent or legal guardian that said student is adequately protected against accidents that may occur while participating in said activities.
Adopted: January 22, 1979
Educational records as defined by law or Board policy will be available for examination and review by authorized persons in the manner prescribed and to the extent required by law. Except where the context requires otherwise, the term “educational records” has the meaning given in 20 U.S.C. §1232g(a)(4). Copies of such records may likewise be provided to the extent required and under circumstances specified by applicable law or regulation. The Superintendent is authorized to establish administrative standards and for the reproduction thereof. Parents will be provided required annual notification regarding educational records through the student handbook or by other appropriate means.
[Reference: 20 U.S.C. §1232g(a)(4); 34 CFR 99.3]
Adopted: January 22, 1979
Revised: September 11, 2023
It is the policy of the Mountain Brook Board of Education that reports concerning student progress shall be made to the parent or legal guardian of all students in the School District at least six (6) times during the scholastic year. Individual schools shall make additional reports to the parent or legal guardian of a student when, in the opinion of the principal and professional staff members, the situation warrants such reports. Such situations may include poor academic performance, continuing inappropriate behavior, outstanding citizenship, and outstanding academic achievement.
Adopted: January 22, 1979
The Mountain Brook Board of Education places the highest value upon the achievements of all of its students. For this reason, it is vitally important that outstanding achievements by students, especially in the areas of citizenship and scholarship, be recognized.
In keeping with this philosophy, it is required that all schools in this district provide appropriate means through which excellence in achievement and citizenship may be formally recognized and commended. Such means may include but not be limited to honors and awards ceremonies, and published or publicly posted honor rolls.
Adopted: January 22, 1979
It is the policy of the Mountain Brook Board of Education that cleanliness in person and clothing of students should be such that others are not offended and that all articles of clothing worn by students should be in a good state of repair.
Adopted: January 22, 1979
Background:
Head lice are a common problem for children and their families. The head louse is a wingless insect that lives on the human scalp and lays eggs (nits) in the hair. The primary transmission of head lice is by direct contact or common use of combs, hairbrushes, clothing, bedding or headgear. Head lice are not limited to any one sex, age, social, ethnic or economic group of children.
Having head lice does not pose a health risk to the infested person, but does have associated social stigma and creates anxiety and concern for the local education associations, parents and students.
Pediculosis Policy:
It is the policy of the Mountain Brook City Schools that whenever a student is identified with head lice, the parents will be notified and asked to pick the child up at school, allowing sufficient time for verbal and written instruction regarding the treatment of head lice. Each school will establish procedures for the control of head lice within the school.
The student may be readmitted to school the following day, provided that appropriate treatment has been given and no evidence of live lice is found.
Mass screenings for head lice may be conducted as indicated. These screenings shall be conducted in a manner that maintains the privacy and confidentiality of each student.
The school nurse will provide staff support and guidelines for parent education and environmental management for the treatment of head lice.
Reference:
American Academy of Pediatrics. Pediculosis Capitis (Head Lice). In: Pickering LK, ed. 2000 Red Book: Report of the committee on Infectious Diseases. 25th ed. Elk Grove Village, IL; American Academy of Pediatrics: 2000: pg. 426.
Centers for Disease Control and Prevention. The ABCs of Safe and Healthy Child Care. Atlanta, Ga; Department of Health and Human Services: 1996: pg. 21.
Jefferson County Department of Health. Disease Control in the Child Care Center and Pre-School: Guidance for Directors, Managers, Caregivers, Parents and Guardians. 2000: pg. 65
Haas, Marykay J. The School Nurse’s Source Book of Individualized Healthcare Plans Vol 1. North Branch, MN: Sunrise River Press, 1993
Adopted: June 11, 2001
It is the policy of the Mountain Brook Board of Education that students shall not be assessed fees for enrollment in courses which are required for graduation.
Fees may be levied for other courses and activities only after the review and consent of the Superintendent of Schools. In no case shall students be denied admission to or participation in courses and activities because of their inability to pay required fees.
Adopted: January 22, 1979
It is the policy of the Mountain Brook Board of Education that students may participate as subjects in scientific research projects provided that the following conditions are met:
The term “research project” includes but is not limited to administration of questionnaires, surveys, and other instruments which elicit opinions, attitudes, values, or information concerning personal conduct. The term “research project” also includes the measurement of scholastic, mental, or perceptual-motor abilities for experimental purposes.
Adopted: January 22, 1979
All fund-raising projects must be approved by the Superintendent of Schools. The group or groups seeking to raise funds must submit in writing a request for permission and the stated use of such funds to be raised.
Adopted: October 6, 1976
It is the policy of the Mountain Brook Board of Education that students who wish to graduate before the second semester of their senior year may be eligible to receive a high school diploma from Mountain Brook High School if the following conditions are met:
If a student is accepted for early graduation, the student will be allowed to participate in graduation ceremonies and other senior activities during the spring semester immediately following early graduation.
Adopted: January 16, 1980
Revised: May 21, 2018
It is the policy of the Mountain Brook Board of Education to endorse and fully participate in a community program for early intervention and support of high risk students, hereinafter referred to as the Student Intervention Program.
Purpose
The Student Intervention Program is a community program developed to assist public school personnel, parents and law enforcement personnel in providing early intervention for children and youth who are exhibiting problem behavior.
Description
Student Intervention Program is a cooperative effort involving the Mountain Brook City Council, the Police Department, and the Board of Education. The program includes all schools and grade levels in the Mountain Brook school system.
The Early Intervention Program involves children and youth who have committed an offense involving substance abuse. Upon consultation between the principal and the Director of Student Services, this program may also be appropriate for other students who have committed serious disciplinary offenses or is exhibiting other problem behavior which has not responded to other measures. If the referred child or youth has been identified by the school system under any area of exceptionality, a representative of the special education department is also present. After referral, a report of the offense or inappropriate behaviors and relevant circumstances is made to a specially appointed Early Intervention Panel. Additionally, the Mountain Brook Juvenile Officer may be included on Early Intervention panel.
The Early Intervention Panel is composed of appropriate school personnel, appointed to the panel by the Director of Student Services and at least two representatives from the following areas: 1) Legal, 2) Medical, and 3) Mental Health. The Director of Student Services appoints panel members from a pool of volunteer professionals in these areas.
Because the panel activities include disclosure to the panel of confidential information, the student and/or his or her guardian (based on the student’s age and ability to provide or refuse consent), must consent to that disclosure. If the student and/or the guardian declines to consent to that disclosure, no outside community professional volunteers will serve on the panel for that student.
Outside professional panel members will provide written agreement to maintain confidentiality regarding any and all information disclosed during the meeting, including the name, or any identifying information, of the student and/or his or her family members.
The function of the panel is not to establish guilt or innocence, hear witnesses, or provide due process. Rather, its purpose is to provide for assistance in three possible areas:
Board of Education School authorities may also refer students to the Early Intervention Panel. In cases involving disciplinary action taken by the Board, the student’s continued attendance at school may be made contingent upon successful participation the Early Intervention Program.
Adopted: November 16, 1987
Revised: July 10, 1989
Revised: August 20, 1990
Revised: August 9, 1999
Revised: July 14, 2014
It is the policy of the Mountain Brook School System that a program of in-school suspension be implemented and maintained at the Junior and Senior High Schools. In-school suspension is defined as the supervised confinement of a student to a designated room or area during school hours so that regular interaction with students and teachers is prohibited and so that the student is exclusively involved in a prescribed sequence of academic activities.
Although in-school suspensions serves as an alternative to more severe forms of discipline, its purpose is to alert the student to the seriousness of his or her misbehavior by providing a rigorous program of activities in an austere environment.
I. Procedures
A. The student shall be clearly informed by the principal or by his or her designee of the offense with which he or she is being charged and of the evidence against him or her. The student will be given an adequate opportunity to state his or her position regarding the alleged offense.
B. If, in the judgment of the principal, the student did commit the offense in question, the student may be assigned, by the principal, to a specified term of in-school suspension. The length and beginning time and date of the term shall be at the discretion of the principal.
C. The student’s parent or guardian shall be notified by telephone and in writing of the student’s assignment to in-school suspension. Written notice shall provide the following information:
Adopted: November 16, 1987
It is the policy of the Mountain Brook Board of Education that a student may be suspended from school under the following circumstances:
A. After committing a Category II offense.
B. After committing any serious offense or exhibiting any serious misbehavior.
All suspensions should be for a specified number of days, not to exceed five (5) school days. Any deviation from said pattern shall require authorization from the Superintendent of Schools. With such authorization, the principal may suspend a student until such time as the Board renders a decision on recommendations by the Superintendent of Schools for expulsion of said student, provided the Board renders a decision at the next regular meeting.
I. Procedures
In the event that a student’s misbehavior is, in the opinion of the principal, severe enough to warrant suspension, the procedures shall be as follows:
A. The student shall be clearly informed by the principal or by his or her designee of the offense with which he or she is being charged and of the evidence against him or her. The student will be given an adequate opportunity to state his or her position regarding the alleged offense.
B. If, in the judgment of the principal or his or her designee, the student did commit the offense (or offenses) in question, the student shall be suspended from school.
C. The principal shall immediately notify the student’s parent or legal guardian of the action taken, the reason or basis for the action, and what further action will be taken.
D. If the student is dismissed from school before the end of the regular school day, he or she must leave only in the company of his or her parent or legal guardian.
Adopted: November 16, 1987
It is the policy of the Mountain Brook Board of Education that a student may be expelled from school under the following circumstances:
A. After committing a Category II offense.
B. After committing a Category III offense.
C. After all reasonable measures to secure acceptable behavior in a student have failed.
Expulsion is defined as the permanent removal of the name of a student from the attendance rolls of the school. An expelled student will not be permitted on the campus of any school in the district nor will he or she be permitted to attend or participate in any school sponsored activity.
A student who is expelled may petition the Board for reinstatement at some future time if the behavior and academic achievement of the student, subsequent to expulsion, indicate that such reinstatement is appropriate.
I. Procedures
In the event that a student’s misbehavior is, in the opinion of the principal, severe enough to warrant expulsion, the procedures shall be as follows:
A. The student shall be clearly informed by the principal or by his or her designee of the offense with which he or she is being charged and of the evidence against him or her. The student will be given an adequate opportunity to state his or her position regarding the alleged offense.
B. If, in the judgment of the principal or his or her designee, the student did commit the offense (or offenses) in question, the student shall be immediately suspended from school.
C. The principal shall immediately notify the student’s parent or legal guardian of the action taken, the reason or basis for the action, and what further action will be taken.
D. If the student is dismissed from school before the end of the regular school day, he or she must leave only in the company of his or her parent or legal guardian.
E. Within a period of time not to exceed ten (10) days, the Board of Education shall hold a hearing in order to render a decision concerning the expulsion of the student. The Board of Education hearing relative to expulsion, as well as the preliminary steps concerning the hearing, shall comply with procedural due process criteria. If the Board determines that the charges brought against the student are substantial, the student may be expelled from the Mountain Brook City Schools.
F. The Superintendent of Schools shall notify, in writing, the parent or legal guardian of the student, of the action taken by the Board.
Adopted: November 16,1987
It is the policy of the Mountain Brook Board of Education that an effective Alternative School program be implemented and maintained in order to meet the needs of students with behavioral or emotional problems.
In addition, the Alternative School shall serve a disciplinary function by isolating potentially disruptive students from the regular school population and maintaining rigorous adherence to rules and procedures.
In order to meet the above objectives, the Alternative School program shall provide the following:
A. A full time teacher who is effective in dealing with students who have emotional and behavioral problems.
B. Opportunities for individual counseling with qualified personnel.
C. A point or merit system to enable a student to earn privileges and eventually attain the opportunity to return to the regular school program.
D. A highly structured environment with a primary emphasis on academic work.
I. Procedures
In the event that a student’s behavior, in the opinion of the principal, may justify assignment to the Alternative School, the procedures shall be as follows:
A. The student shall be clearly informed by the principal or by his or her designee of the offense with which he or she is being charged and of the evidence against him or her. The student will be given an adequate opportunity to state his or her position regarding the alleged offense.
B. If, in the judgment of the principal or his or her designee, the student did commit the offense (or offenses) in question, the student shall be immediately suspended from school.
C. The principal shall immediately notify the student’s parent or legal guardian of the action taken, the reason or basis for the action, and what further action will be taken.
D. The student shall then be dismissed from school but only in the company of his or her parent or legal guardian.
E. Within a period of time not to exceed two (2) full school days, the principal shall submit to the Superintendent a written report outlining (1) the nature of the offense (or offenses) which the student has committed and (2) the recommended length of the assigned term to the Alternative School as well as (3) any conditions which must be met before the student is permitted to return to the regular school program.
F. The Superintendent shall render a final decision concerning Alternative School placement. In the event that a student is assigned to the Alternative School, the Superintendent shall notify, in writing, the student’s parent or legal guardian of such placement.
II. Curriculum
In compliance with the Alabama Administrative Code 290-030-010-06, it is the policy of the Mountain Brook School System that all students enrolled in the Alternative School Program for a period of 30 consecutive calendar days or more shall be provided with a curriculum which stresses non-violent conflict resolution, responsibility, group problem solving, and satisfaction through academic achievement.
III. Prohibited Activities
During his or her term of assignment to the Alternative School, a student shall not be permitted on the campus of any other school or facility of the Mountain Brook School System, nor shall he or she be permitted to attend or participate in any school sponsored activity during such term of assignment.
Adopted: November 16, 1987
Revised: December 11, 1995
It is the policy of the Mountain Brook school system to comply with all provisions of State Act 93-368.
I. Purpose of the Act
The purpose of Act 93-368 is to make the right to retain, apply for, renew, or reinstate a driver’s license or learner’s permit contingent upon compliance with school attendance standards. School attendance standards are met by enrollment in a school, General Educational Development program (GED), or job training program approved by the State Superintendent of Education.
II. Requirements of the Act
A. School personnel shall verify the enrollment status of students seeking driving privileges using forms and procedures in accordance with guidelines of the Department of Public Safety.
B. School personnel shall notify the Department of Public Safety when a student fifteen years of age or older has more than 10 consecutive or 15 cumulative days of unexcused absences during a single semester.
C. School personnel shall verify the status of students who are exempt from the provisions of Act 93-368 due to circumstances beyond their control. Circumstance beyond the control of students are defined as follows:
D. School personnel shall implement an appeals process as follows: The appeal of a decision of the school regarding the enrollment status of a student shall be submitted to the school principal. Written notification of intent to appeal including a written statement of reasons for the appeal shall be submitted to the principal within 15 days following the issuance of enrollment status. The appeals process shall follow adopted procedures for long-term suspension or expulsion.
E. School personnel shall develop procedures for implementing Act 93-368 which shall include:
Adopted: October 11, 1993
I. Notification
The Mountain Brook Board of Education is in compliance with the Code of Alabama Section 16-1-24-.1 which requires that school principals or their designee must notify appropriate law enforcement officials when any person violates local board policies in the following areas:
If the person in violation of the policy is an enrolled student, that student shall immediately be suspended from attending regular classes and a hearing shall be scheduled at the earliest possible date, which shall not be later than five school days.
Under the Code of Alabama a person may be charged with a Class C felony if he or she deliberately causes serious physical injury to a teacher or to an employee of a public educational institution during the performance of his or her duty.
II. Periodic Unannounced Visits
In compliance with the Alabama Administrative Code 290-030-010-06, the Mountain Brook School System will permit local law enforcement agencies to make periodic, unannounced visits to its schools for the purpose of detecting the presence of illegal drugs.
Adopted: December 11, 1995
The Mountain Brook Board of Education recognizes the value of all extracurricular activities as they relate to the total education of students. The Mountain Brook Board of Education also recognizes and supports high academic standards and the necessity of developing a framework to annually assess each student involved in extracurricular activities and his/her progress toward graduating from high school on schedule with his/her class. This Board of Education also recognizes that the Class of 2000 and subsequent classes will be required by State Board of Education resolution and the Alabama Administrative Code to earn a minimum of 24 credits in Grades 9-12, with four (4) credits each in science, mathematics, social studies, and English.
The Mountain Brook Board of Education prescribes the following regulations for eligibility by students in this school system to participate in all extracurricular activities:
(a) 9th, 10th, and 11th graders must be carrying at least six new units.
(b) 12th graders who are on track for graduation with more than the required number of units earned must be carrying at least four new units for the school year.
(c) 7th and 8th graders must be carrying at least five new subjects.
Students entering the 8th and 9th grades must have passed during the last two semesters in attendance and summer school, if applicable, at least five new subjects with a minimum composite numerical average of 70 in those five subjects.
Students entering the 7th grade for the first time are eligible.
Extracurricular activities associated with athletics are defined as those recognized and sanctioned by the Alabama High School Athletic Association, and other extracurricular activities are defined as those that are sanctioned by a public school which are not related to a student’s academic requirements or success in a course(s). Regular curricular activities are defined as those that are required for satisfactory course completion. School sponsors are required to submit a request for each curricular activity that occurs outside the regular school day and /or school to the principal, superintendent, and the local Board of Education for approval. Each request for full participation by all students, regardless of academic standing, in a curricular activity, shall be granted if the principal, superintendent, and the local Board of Education approve participation in the activity as an extension of a course(s) requirement(s) and if it is an event sanctioned by a state/national subject matter association. Notwithstanding anything to the contrary in this policy, student participation in extracurricular activities offered by the school through math, science, band, choral music, and other courses at events such as athletic events (pre-game, game, halftime, or other breaks), club conventions, parades, amusement park trips and competitions, trips by tour companies, performances at various meetings, etc., are extracurricular, and students academically ineligible under this policy shall not be allowed to participate.
Adopted: September 8, 1997
Revised: September 21, 1998
Revised: April 14, 2003
It is the policy of the Mountain Brook Board of Education that no student shall receive private instruction during the regular school day. Private instruction is herein defined as any instruction, tutoring, or coaching which is not part of the regular program of study and activities of the school and which is provided by individuals who are not members of the professional staff of this school system.
In accordance with this policy, no student shall be permitted to leave school prior to the end of the school day for the purpose of receiving private instruction. Furthermore, private instruction shall not be conducted in the school buildings prior to the end of the school day. However, with the permission of the school principal, portions of the school buildings may be used for private tutoring or instruction after the end of the school day.
Adopted: July 14, 1980
In recognition of the fact that well planned, well organized and properly supervised off campus field trips may serve an educational objective by enriching the instructional program, the Mountain Brook Board will permit field trips when they relate to classroom instruction or further the overall educational development of the student; provided that all applicable conditions set forth in this policy are met:
I. CRITERIA FOR APPROVAL
General criteria to be used in assessing the appropriateness of field trips shall include the following:
A. Field trips proposed as part of a course of study shall fulfill relevant educational objectives which could not be obtained as effectively in the regular classroom setting.
B. Field trips shall be designed to minimize travel time and distance. For example, if the educational objective can be realized at two or more locations, the location nearest to the school should be selected if possible.
C. Field trips shall be planned and scheduled to minimize classroom interference and interruption. Within the bounds of safety and
convenience, field trips should be scheduled after or apart from the school day if possible.
D. Field trips shall be planned and scheduled within the health, safety, and welfare of the students as a paramount concern. Specific and careful consideration shall be given in the field trip plan to the following safety concerns, among others:
(1) The potential hazards or risks involved at the field trip destination;
(2) The potential hazards or risks involved given the time of day and weather conditions which may be anticipated during the field trip;
(3) The potential hazards or risks involved in the route to be followed to and from the field trip destination, including the traffic, physical environment, and other hazards en route;
(4) The potential hazards or risks involved given the number and age of the students involved and the means or method of transportation for the trip.
II. PROCEDURE FOR APPROVAL
No field trip or excursion shall be permitted unless the following conditions are satisfied:
A. Field Trip Plan: Field trip sponsors must submit detailed plans setting forth:
(1) The nature and educational purpose of the trip;
(2) The time schedule of the trip specifying the out-of-class time involved;
(3) The group and number of students involved;
(4) The school personnel involved;
(5) The names of any parent volunteers;
(6) A brief itinerary of the trip;
(7) The cost to students, if any. If the cost for an individual student will exceed $50, the approval of the principal and superintendent must be obtained prior to arranging the trip and prior to notification of parents of the proposed trip.
(8) The mode or method of travel;
(9) Special safety precautions, if any, which will be required.
B. Parental Permission: A trip permit shall be signed by the parent or legal guardian for each student furnishing permission prior to the trip.
C. Trip Approval: A field trip plan must be submitted for approval to the proper authority within the time frame required for the type of trip.
(1) Approval of Principal: All field trips in-state must first be submitted in writing for approval by the principal at least four (4) weeks prior to the trip.
(2) Approval of Superintendent and Board: All field trips which require travel out of the state must be submitted for approval to the Superintendent in writing at least two (2) weeks prior to the trip. Any trip out of the country must be submitted for approval to the Superintendent two (2) months prior to the trip and will require approval by the Board of Education.
D. Post Trip Reports: In the event of an accident or unusual occurrence during a field trip, the principal shall be notified immediately. Upon return from the trip, the sponsor(s) will make a complete report in regard to the accident or unusual occurrence in writing to the principal and superintendent.
Approved: January 9, 1984
Revised: October 17, 2022
It is the policy of the Mountain Brook Board of Education that a student who is currently enrolled in the Mountain Brook School System shall not receive credit toward graduation for any course of study offered during a summer session by another school system if the same course of study is offered by Mountain Brook Junior High or Mountain Brook High School.
There shall be no exception to this policy unless a student receives written permission from the Principal of Mountain Brook Jr. High or Mountain Brook High School and the Superintendent of the Mountain Brook School System.
Adopted: March 9, 1983
Revised: September 14, 2015
The Mountain Brook Board of Education permits well planned, well organized, and properly supervised trips for students for the purpose of participating in interscholastic athletic events provided that all applicable conditions set forth in this policy are met:
I. CRITERIA FOR APPROVAL:
A. Whenever possible, off-campus athletic events shall be planned to minimize time and distance.
B. Whenever possible, off-campus athletic events shall be planned to minimize classroom interference and interruption. Within the bounds of safety and convenience, events should be scheduled after or apart from the school day.
C. All athletic trips shall be planned and scheduled with the health, safety, and welfare of the students as a paramount concern.
Specific and careful consideration shall be given to the following safety concerns, among others:
II. PROCEDURE FOR APPROVAL:
No trips for the purpose of participating in athletic events shall be permitted unless the following conditions are satisfied.
A. Season Plan:
*At least 30 days prior to the beginning of a given athletic season, the coach shall provide to the principal, in writing, a complete season plan encompassing all proposed athletic events. This plan shall include:
B. Approval for trips Out of State and Out of the Country
All trips for the purpose of athletic competition that require travel out of the state must be submitted for approval to the Superintendent in writing at least two (2) weeks prior to the trip. Any trip out of the country must be submitted for approval to the Superintendent two (2) months prior to the trip and will require approval by the Board of Education.
C. *Parental Permission
Prior to a given athletic season, parents or legal guardians shall sign a document furnishing permission to participate in all scheduled events. This document shall contain a schedule of events for the season.
D. Accidents or Unusual Occurrences
Should there be an accident or any other unusual occurrence on a trip, the principal shall be notified immediately.
*In situations where the coach has no control over the setting of the schedule the 30 day period may be waived by the principal.
Adopted: February 13, 1984
Revised: October 17, 2022
It is the policy of the Mountain Brook Board of Education that in order to be promoted, as student must demonstrate mastery of minimum standards as determined by his/her teacher(s).
When a question exists concerning the retention of a student, a decision shall be made by a committee composed of the principal of the school, the student’s teacher(s), and the child study team/intervention team.
If parents/guardians do not agree with the school’s decision about the retention, the parent/guardians can refer the decision to the child study team/intervention team. If consensus is not reached after the meeting with the child study team/intervention team, the parents/guardians will make the final decision about placement of their child. In the event that the decision of the parents/guardians is not in agreement with the recommendation of the child study team/intervention team, the parents/guardians are required to sign a form letter which acknowledges this fact.
Adopted: April 12, 1993
Replaces J-34 adopted Mary 16, 1988
It shall be the policy of the Mountain Brook Board of Education to prohibit during normal instructional hours the conduct of activities that would interfere with, or take the place of those activities that are part of the instructional program. Such prohibition shall apply to locally scheduled athletics as well as locally scheduled non-athletic activities. This policy shall not be interpreted as prohibiting student activities which are an integral part of the formal program of instruction.
Adopted: April 22, 1985
It shall be the policy of the Mountain Brook Board of Education to limit school sponsored athletics for students below grade seven to intramural competition, and to prohibit tackle football for students at this stage of physical development.
Adopted: April 22, 1985
3. Suspensions of students with disabilities shall conform to generally applicable substantive and procedural criteria, as stated in the Mountain Brook Special Education Plan but shall not exceed ten consecutive school days without reconvening the IEP committee and reviewing alternative options or programs.
4. In no event shall disciplinary action resulting in permanent or indefinite cessation of educational services to a student with disabilities be proposed or approved without prior consultation with the Individualized Education Program Committee.
5. Students with disabilities cannot have special education services ceased if expelled or suspended for more than 10 days.
Legal Ref: Alabama Administrative Code 290-8-9-.09
IDEIA 2004, 34 CFR § 300.520 and 34 CFR § 300.530-537.
Adopted: April 25, 1989
Revised: July 13, 1992
Revised: January 14, 2008
The Mountain Brook Board of Education is in compliance with the Federal Gun-Free Schools Act of 1994 and the Code of Alabama Section 13A-11-72 (d) 1975. In keeping with state and federal law, all persons other than authorized law enforcement personnel are prohibited from possessing any deadly weapon in the following circumstances:
For the purposes of this policy, the term “weapon” is a firearm as defined in Section 921 of Title 18 of the United States Code and includes guns and other explosive or incendiary devices.
Weapons Facsimiles and Replicas
Nonworking facsimiles and replicas of weapons, including guns which shoot pellets, and other similar objects are prohibited on or near school buildings, in school buses, and in private student vehicles on school grounds. If the object cannot be reasonably be considered a “deadly” weapon,” but still could create anxiety, panic, police intervention and disruption of school by their appearance, school officials will consider the nature of the object and the context of its use or display in classifying the offense and assigning consequences.
Sanctions
I. Students
State and federal laws require that a student who violates this policy shall be expelled from school for a period of not less than one year and that only the Superintendent of Schools shall have the authority to modify such action on a case by case basis.
In compliance with federal law, any student who brings a weapon to school in violation of this policy shall be referred to the criminal justice or juvenile delinquency system.
II. Employees
Sanctions against employees for violation of this policy may include suspension or termination of employment.
Adopted: May 15, 1989
Revised: December 11, 1995
Revised: June 14, 2010
It is the policy of the Mountain Brook Board of Education that all school clubs and organizations shall be under the sponsorship of school officials. Such clubs or organizations shall not be affiliated or associated with any political or religious organization or any organization which denies membership on the basis of race, gender, creed, color, national origin, handicap, or disability.
All school sponsored clubs and organizations shall meet the following criteria:
4. Authorization to conduct activities as an organization recognized by the school administration may be denied or revoked if:
a. The organization participates in, advocates, aids, or knowingly permits conduct by its members or others subject to its control which is contrary to the welfare of the students or the school, or which is conflict with the authority or responsibility of the Board or any of its officials or employees.
b. The organization participates in, advocates or knowingly permits activities by its members or others subject its control which are not authorized by the constitution of the organization.
c. The organization fails to comply with Board policy or such rules and regulations as may be developed by the school.
Adopted: June 5, 1995
Replaces: J-21
The Mountain Brook School system is committed to providing a school environment that enhances learning and development of lifelong wellness practices. To create this environment, the system ensures the following goals:
The local wellness policy will be evaluated one year after its implementation by the system wellness committee. They will evaluate the effectiveness of each goal and submit a report to the superintendent of schools.
Adopted: March 13, 2006
The Mountain Brook Board of Education strives to maintain safe buildings, grounds, and equipment in order to minimize accidents or injury to students, employees, and other citizens. Protection shall be provided from such dangers as fire, natural disasters, mechanical and electrical malfunction, and other avoidable hazards.
Buildings shall be planned, equipped, and maintained in accordance with appropriate local, state, and federal building codes and safety regulations.
Buildings shall be provided with fire and tornado alarm systems and fire extinguishers.
Proper supervision of students and other citizens using the facilities shall be required at all times.
The Superintendent shall develop a district wide safety program which coordinates the requirements of the Civil Defense program with appropriate local officials who serve the School District.
Safety instruction, to include accident prevention and safety drills, shall be stressed at all grade levels. Expertise of fire prevention experts, health officials, and other community agencies shall be incorporated into the total safety program.
First aid equipment shall be readily available, and at least one staff member should be competent to render first aid in an emergency.
Adopted: December 11, 2006
Readopted: October 11, 2010
It is the policy of the Mountain Brook Board of Education that an automated external defibrillator (AED) be placed and maintained in each school. The Superintendent will designate at least one employee at each school to be trained in the use of an AED. Each building-based user shall maintain CPR certification. All AEDs will be maintained and tested according to the manufacturer’s operational guidelines. A licensed physician or other medical professional is to be included in the creation or modification of any AED program or guidelines related to the program. The Mountain Brook Fire Department will be kept informed about the presence and location of AEDs in school buildings.
Adopted: November 8, 2010
The Mountain Brook Board of Education requires that all schools and programs within the school district comply with State Board of Education Rule 290-3-1-.02(1)(f) regarding the use of “seclusion” or “restraint,” as those terms are defined within the rule.
Seclusion, Mechanical Restraint, Chemical Restraint
The Board of Education prohibits the use of seclusion, mechanical restraint, and chemical restraint as those terms are defined in State Board of Education Rule 290-3-1-.02(1)(f).
Physical Restraint
This policy is not intended to prevent the use of physical restraint in limited circumstances where a student is an immediate danger to himself or others and the student is not responsive to less intensive behavioral interventions, including verbal directives or other de-escalation techniques. Physical restraint is prohibited as a form of discipline or punishment.
The Board of Education recognizes that in determining when and how to implement this policy and any procedures related to it, educators will be required to exercise their professional judgment and discretion. Therefore, this policy is not intended to be construed as imposing ministerial duties on individual employees. Further, it is not intended to interfere with the duties of law enforcement or emergency medical personnel.
For schools and programs within the school district that use physical restraint as defined within the State Board of Education rule, the Superintendent or designee shall develop and implement written procedures governing its use, which shall include, at a minimum, the following:
Amended and re-posted 7/3/2012
Anaphylaxis is a severe allergic reaction that is rapid in onset and may cause death. Allergic reactions to foods have become the most common cause of anaphylaxis in community health settings. Studies indicate that anaphylactic events related to the accidental consumption of food allergens in school settings are not rare. In addition, severe and potentially life-threatening reactions (anaphylaxis) can occur in schools when children with no previous diagnosis of food allergies when they are exposed to allergens at school and have an initial anaphylactic event.
Policy: It is the policy of the Mountain Brook City Schools that an Anaphylaxis Preparedness Program be implemented as part of the school health services.
The program shall incorporate three levels of preparedness:
Level I, Primary Prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.
Level II, Secondary Prevention: Identification and management of chronic illness which could lead to anaphylaxis.
Level III, Tertiary Prevention: The development of a planned response to anaphylaxis-related emergency in the school setting.
Each school campus, in collaboration with a supervising physician, shall develop and maintain a protocol for emergency response that shall include a supply of premeasured autoinjectable epinephrine to treat potentially life threatening allergic reactions.
References:
Alabama State Law Act#2014-405, HB156
Adopted January 12, 2015
It is the desire of the Mountain Brook Board of Education to encourage reasonable and effective means of handling student and parent grievances arising from the implementation of local board policies as well as the interpretation of regulations originating from the State level; to reduce the potential for grievances; and to establish and maintain recognized channels of communication between the administration and staff.
General Complaints (Grievances) – Any student, parent, or member of the public having complaints or grievances are encouraged to present for resolution to the employee, supervisor, or administrator at the lowest administrative level who has the authority and ability to address the problem or implement the requested action. If the underlying problem cannot be resolved satisfactorily at this administrative level, the aggrieved person may continue to seek a satisfactory solution to the problem with staff members at the next higher levels of administration (e.g. Principals, Central Office Director, Superintendent). Finally, the person may appeal in writing to the Board of Education. At any level, the aggrieved person may appear in company of peers or counsel and will be afforded all the rights of due process applicable to such situation.
Limitations Regarding Availability and Application of General Complaint/Grievance Policy – The general complaint/grievance policy and any procedures adopted thereunder do not apply to specific complaint or grievance policies and procedures that are established by Board policy or law for application to special factual or legal circumstances (e.g. sexual harassment grievance procedures; discrimination procedures, review of personnel matters governed by state law or as covered under Student’s First; due process hearings provided under Individuals with Disabilities Act). In such instances, the specific statutory, regulatory, or policy-based process is the applicable procedure. The general complaint/grievance procedures that are authorized under the terms of this policy may not be invoked for the purpose of challenging or seeking review or reconsideration of adverse personnel decisions that have received Board approval. A grievance may be based on an alleged misapplication of Board policies, regulations, or procedures, but may not be used to challenge the Board’s exercise of its discretion to adopt, approve, modify, or repeal a policy, regulation or procedure or on its failure to exercise discretion (e.g. adoption of a school calendar, compensation policies, etc.)
Approved: July 11, 2016
Jason Flatt Act – The Jason Flatt Act was passed in order to equip Alabama school districts and their personnel to recognize and act on signs of suicide risk in order to provide prevention, intervention, and postvention with students at risk, their families and the communities who may be affected. This act, which amends 16-28B-8 of the Code of Alabama 1975, includes prevention of harassment and violence.
Implementation – In compliance with the requirements of the Jason Flatt Act, Mountain Brook Schools will:
a. Encourage individual, family, and group counseling services related to suicide prevention.
b. Make referral, crisis intervention, and other related information available for students, parents, and school personnel.
c. Foster training for school personnel who are responsible for counseling and supervising students.
d. Increase student awareness of the relationship between drug and alcohol use and suicide.
e. Educate students in recognizing signs of suicidal tendencies and other facts and warning signs of suicide.
f. Inform students of available community suicide prevention services.
g. Promote cooperative efforts between school personnel and community suicide prevention program personnel.
h. Foster school-based or community-based, or both, alternative programs outside of the classroom.
i. Develop a strategy to assist survivors of attempted suicide, students, and school personnel in coping with the issues relating to attempted suicide, suicide, the death of a student, and healing.
j. Engage in any other program or activity which the local board determines is appropriate and prudent in the efforts of the school system to prevent student suicide.
k. Provide training for school employees and volunteers who have significant contact with students on the local board policies to prevent harassment, intimidation, and threats of violence.
l. Develop a process for discussing with students local board policies relating to the prevention of student suicide and to the prevention of harassment, intimidation, violence, and threats of violence.
m. Provide annual training for all certificated school employees in suicide awareness and prevention. This training may be provided within the framework of existing in-service training programs or as a part of required professional development offered by our school system.
Description of Behavior Expected of Students – Students are expected to treat other students with courtesy, respect, and dignity and comply with the Code of Student Conduct.Students are expected and required to (1) comply with the requirements of the law, policy, regulation and rules prohibiting harassment, violence, or intimidation (6.24) and (2) to comply with the system’s prevention strategies related to suicide prevention, intervention, and postvention support.
Responsibility of Reporting – Any person involved in a case of action or omission resulting from the implementation of this suicide prevention policy or resulting from any training, or lack thereof, required by this section, shall be subject to state immunity law.
Promulgation of Policy and Related Procedures, Rules and Forms – This policy and any procedures and rules developed and approved to implement the policy will be published, disseminated, and made available to students, parents and legal guardians, and employees by such means and methods as are customarily used for such purposes, including publication on the school system's website.
[Reference: Ala. Code 16-28B-8, et seq. (1975)]
[Reference: Jason Flatt Act (Act #2016-310)]
Proposed: January 9, 2017
Approved: February 13, 2017
The Mountain Brook Board of Education is keenly aware of its responsibility for the construction, management, and maintenance of facilities that are owned by the public. The Board desires that school facilities serve the public in as many additional ways as the Board might deem feasible and practical. To this end, the Board has accepted, considered, and most often granted requests that did not jeopardize the regular school use of facilities. Major criteria used in evaluating these requests are:
Adopted: October 6, 1976
The Mountain Brook Schools shall cooperate with non-profit community organizations in a manner that provides students with voluntary, age-appropriate experiences in community service. The local school principal shall be responsible for approving all such activities that involve access to students by non-school organizations. The following factors should be considered:
These same factors shall be taken into consideration regarding all fundraising activities. Requests for solicitation of funds from students for charitable or other organizations shall be made to the local school principal.
Adopted: November 15, 1978
Revised: July 21, 2003
It is the policy of the Mountain Brook Board of Education to make available what it deems to be appropriate educational opportunities for its students through the various elements of the instructional program. In exceptional cases, when it is recommended in writing by the local Superintendent that a student attend school outside the Mountain Brook district, the Board will assume limited financial responsibility for any tuition or other charges assessed by the other educational agency.
Adopted: February 7, 1979
It is the policy of the Mountain Brook Board of Education to make available what it deems to be appropriate educational opportunities for its students through the various elements of the instructional program. In exceptional cases, when it is recommended in writing by the local Superintendent that a student attend school outside the Mountain Brook district, the Board will assume limited financial responsibility for any tuition or other charges assessed by the other educational agency.
Adopted: February 7, 1979
It is the policy of the Mountain Brook Board of Education to require all school visitors to report to the central office of the school upon entering the school building. All visitors to a school shall be welcomed in a cordial manner and asked to certify with the school principal or his or her designee, who they are and their purpose for being in said school.
The principal of each school, in cooperation with professional staff, shall design rules and procedures concerning visitors which satisfy the needs of that school.
The primary purpose of such rules and procedures shall be to provide for the safety of students and staff and to facilitate the educational process.
Policy K-5a Adult Sex Offenders on School Property
Adopted: October 13, 1980
Alabama law allows adult sex offenders who have been convicted of a sex offense involving a minor to be present on school premises when such offenders have a legitimate purpose for being there. However, law also requires such offenders to follow certain procedures in order to be allowed to be present. The Mountain Brook Board of Education adopts this policy in keeping with Alabama law and the safety and security of the school environment.
Adopted July 14, 2014
It is the policy of the Mountain Brook City Board of Education not to allow the distribution of religious materials of any kind to students, faculty, or staff of the Mountain Brook Schools.
The Board of Education is fully cognizant of the importance of religious instruction and its impact on our society. However, the implications of separation of church and state and the individual rights of people make it necessary that public schools not jeopardize their unique role in society.
Adopted: December 14, 1977
One recognized function of the Mountain Brook Board of Education and school system is to foster understanding and respect among students, parents, and staff members of all races, religious persuasions, ethnic groups, cultures and economic backgrounds. Accordingly, the school board shall encourage students and staff to appreciate and be tolerant of each other’s religious beliefs and non-beliefs. This spirit of tolerance shall extend to the school system’s holiday recognition which shall neither promote nor oppose any religious belief or non-belief.
All holiday recognition shall be in compliance with the guidelines set out by the United States Supreme Court as follows:
Nothing in this policy shall be interpreted to prohibit the school system’s acknowledgment of religion through holiday programs and activities which objectively teach about religion’s social, intellectual, and historical role in the development of civilization and, in particular, our society. Nor shall this policy be interpreted to limit the use in secular programs of religious music, art, literature, objects or symbols, so long as such use does not result in the promotion of religion. Seasonal and holiday traditions are a cherished and significant part of this community’s life and may be recognized in a non-devotional manner by the school system. Holiday programs with both a secular and religious content may be allowed if their effect neither inhibits nor advances religion; however, the school system shall not sponsor holiday programs for religious purposes.
As a practical matter, the school calendar shall minimize conflicts with religious holidays of all faiths so as to take account of the possible effects of such holidays on attendance. Individual students shall be excused from attendance on such dates as may be in conflict with the observance of their religious beliefs and shall not be penalized or deprived of makeup opportunities for such observances.
The overriding consideration in evaluating any position taken with regard to holiday recognition must be the welfare of the students. It is vital that holiday activities and programs be conducted in a prudent and objective manner, with sensitivity and respect for the religious beliefs and non-beliefs of all students, so that no child will be prejudiced or embarrassed on account of his or her religious, ethnic, or racial background.
Adopted: August 11, 1980
I. EXCHANGE OF INFORMATION
The Mountain Brook Board of Education believes that the Mountain Brook school system belongs, in every sense, to the community and that the support of the community must be based upon information about, understanding of, and participation in the aims and efforts of the school system.
The Board therefore reaffirms its intent to:
A. Keep community members regularly and thoroughly informed, through all channels of communication, about all policies, programs, and planning of the school system.
B. Welcome the advice and counsel of all members of the community at appropriate times.
C. Solicit the sound thinking and studied counsel of this community through a variety of methods deemed most appropriate by the Board. These methods may include but not be limited to reports form the Academic Committees, the Athletic Committees, the Special Education Advisory Committee, the Student Services Committee, the Needs Assessment Committee, and the Enrichment Advisory Team.
II. PUBLIC COMPLAINTS OR GRIEVANCES
Constructive criticism concerning this school system is welcomed by the Board whenever it is motivated by a sincere desire to improve the quality of the education program or to assist the schools in carrying out their responsibilities more effectively.
The Board has confidence in its professional staff and desires to support its actions. The Board also wishes to emphasize that operational or administrative duties such as supervising personnel, implementing curriculum, teaching, coaching, and carrying out the day-to-day management of schools is the responsibility of qualified professional staff. Therefore, whenever a complaint or grievance concerning such operational activities is brought before the Board as a whole or before any of its members as individuals, that complaint or grievance will be referred to the school system administration for study and resolution.
The Board advises the public that the proper channeling of complaints or grievances to the Board should involve contacting individuals in the following sequence:
A. Teacher, coach, specialist, or other non-administrative staff member against whom a grievance or complaint is directed.
B. Principal (and Program Supervisor, if applicable).
C. Superintendent
D. Board of Education
The Board will hear a community member’s complaint or grievance whenever it cannot be resolved by professional staff. Matters referred to the Board must be in writing and signed and should be specific in terms of the action desired. The Board will not consider or act on complaints or grievances that have not been explored at the appropriate administrative level. Staff members who are the subject of complaints referred to the Board will be given the opportunity to respond in person to such complaints. Complaints or grievances which involve the good name or character of an individual will be heard by the Board only in executive session.
Adopted: May 11, 1992
It is the policy of the Mountain Brook Board of Education that the behavior of spectators and participants at athletic contests should reflect the ideals of good sportsmanship and ethical behavior.
The Board believes that athletic competition should provide opportunities for students to develop discipline, self esteem, and strength of character and that these qualities must be fostered in a supportive atmosphere where adults serve as appropriate role models.
Any spectator or participant who displays a disregard for the principles of sportsmanship, and good character may be ejected from the premises and/or barred from future athletic contests. Such disregard may include fighting, or the use of profane, abusive, or inflammatory language.
The principal or his or her designee shall have the authority to eject any individual from the premises of an athletic contest if his or her behavior violates the principles set forth in this policy.
The decision to bar any individual from future athletic contests shall be made by a Hearing Committee comprised of the school Principal, the system Athletic Director, and the Superintendent. In the event that a complaint is lodged against any individual, the Principal will determine whether that complaint warrants a hearing by the Committee. If the Committee is convened, it shall hear appropriate witnesses and provide opportunity for due process before a decision is reached.
Adopted: November 9, 1992
Field lights which service the Mountain Brook Junior High School athletic field shall be utilized in accordance with the following time restrictions:
A. Field lights shall be turned off no later than 9:00 P.M. on any night that they are in use, and practice and game schedules shall be made accordingly.
B. In the case of an emergency or extenuating circumstances, field lights may remain on until 9:30 P.M.
Adopted: May 8, 1995
It is the policy of the Mountain Brook Board of Education that the Board may receive gifts or donations of equipment, services or money which serve to enhance and extend the work of the schools.
I. Equipment and Supplies
A. Individual or organizations desiring to contribute supplies or equipment will consult with school officials regarding the acceptability of such contributions in advance of the contribution.
B. Contributions of equipment or services that may involve significant costs for installation or maintenance, or initial or continuing financial commitments from school funds shall be presented by the Superintendent to the Board for consideration and approval.
C. Equipment contributed to the schools becomes the property of the Board and is subject to the same controls and regulations that govern the use of other school-owned property.
D. All school system staff members in a position to receive gifts in the name of the school or school system shall apply a test of “reasonableness” to such gifts. For example, a gift is reasonable if it may not be construed as influencing decision-makers in the purchase of school-related goods and services.
II. Monetary Gifts
The Board strongly supports the mission of the Mountain Brook City Schools Foundation and encourages individuals or organizations to channel monetary gifts to the schools through the Foundation. In those instances where monetary gifts are offered directly to the Board of Education, the following guidelines and procedures shall be applied:
A. Non-Earmarked Monetary Gifts
All non-earmarked monetary gifts are welcome and appreciated by the Board provided that such gifts may not be construed as creating a conflict of interest on the part of the Board or any staff members of the school system.
B. Earmarked Monetary Gifts
Earmarked monetary gifts which are given for a specific purpose designated by the donor, including monetary gifts for the purpose of employing additional personnel in specific positions, may or may not be accepted by the Board at its discretion. In the event that an earmarked gift is accepted, the following conditions must be met:
Adopted: November 9, 1992
Field lights which service the Mountain Brook Junior High School athletic field shall be utilized in accordance with the following time restrictions:
A. Field lights shall be turned off no later than 9:00 P.M. on any night that they are in use, and practice and game schedules shall be made accordingly.
B. In the case of an emergency or extenuating circumstances, field lights may remain on until 9:30 P.M.
Adopted: May 8, 1995
It is the belief of the Mountain Brook Board of Education that its facilities are for people. They exist solely to serve the children and adults of this community. In keeping with this belief, the following procedures are aimed at three major objectives:
Procedures
Direction and Decision-Making
In developing policies and procedures, resolving community issues, and making significant decisions concerning the use, access, maintenance, and development of athletic and recreational facilities, the Board of Education and Superintendent of Schools shall solicit recommendations from the Community Facilities Advisory Board.
Use of Facilities
I. ACCESS - Playing Fields and Tennis Courts
The primary users of school system playing fields and tennis courts shall be the following agencies and parties: programs sponsored by the Mountain Brook City Schools, Mountain Brook Community Education, Mountain Brook Athletics, Mountain Brook Soccer, and Mountain Brook Team Tennis.
The use of playing fields or tennis courts on a regular basis (“regular” is defined as any repetitive use on a daily, weekly, or monthly basis) by a group other than the primary users shall be governed by the following procedures and criteria:
A. The group must include Mountain Brook citizens as participants.
B. In scheduling events for such a group, the Mountain Brook City Schools (Mountain Brook Community Education), Mountain Brook Athletics, Mountain Brook Soccer, and Mountain Brook Team Tennis shall have first priority.
C. The group shall be required to obtain a permit from the office of the Director of Mountain Brook Athletics and from the office of the Athletic Director of the Mountain Brook School System. Signatures of both Athletic Directors are required prior to the permit becoming valid. fee shall be charged for the permit and collected by the Athletic Director of the school system. Such fees shall be maintained in a fund which is earmarked for field maintenance expenses. Any group who receives permission to use one of the facilities is responsible for cleanup at the conclusion of the event. In the event of inclement weather which makes any of the outdoor facilities unusable, the athletic directors will have the authority to postpone or cancel the scheduled event. In addition, the Superintendent of the Parks and Recreation Board will have the authority to postpone or cancel events due to inclement weather.
D. High school fraternities and sororities are specifically excluded from use of all school fields and facilities.
E. No alcoholic beverages are allowed to be consumed on any school or city property.
F. A group or individual that charges a fee for their program must operate under the auspices of the office of the Mountain Brook Community Education.
A group possessing a valid permit shall have priority of use of its designated field over non-scheduled, informal groups.
II. ACCESS - Gymnasiums
The primary users of school system gymnasiums shall be the following agencies and parties: programs sponsored by the Mountain Brook School City Schools, Mountain Brook Community Education, and Mountain Brook Athletics.
The use of a school gymnasium by a group other than the primary users is regulated by the following rules:
A. The group must include Mountain Brook citizens as participants.
B. The group shall obtain a written permit for such use from the Athletic Director of the Mountain Brook City Schools.
C. A group or individual that charges a fee for their program must operate under the auspices of the office of Mountain Brook Community Education.
III. SCHEDULING - Playing Fields, Tennis Courts, and Gymnasiums
The Athletic Director of the Mountain Brook City Schools or his designee shall develop (and keep current) a schedule of school-sponsored activities (including Community Education activities) which involve the use of school system playing fields, tennis courts, and gymnasiums. This schedule shall be made available to the Director of Mountain Brook Athletics.
Once established, the schedule of school sponsored activities shall not be unilaterally changed, thus creating hardship for other organizations whose schedules may be disrupted by such change. Changes in scheduling shall be made only under unusual circumstances and after mutual agreement of all parties affected by the changes.
IV. Building Security and Custodial Care - Gymnasiums
The Athletic Director of the Mountain Brook City Schools and the Director of Mountain Brook Athletics shall jointly agree on the designated supervisor for each gymnasium for the purposes of security and custodial care. The Athletic Association and any other group reserving facilities will pay a fee established by the Community Facilities Advisory Board to the school system for the use of the facilities to defray utility costs and supervisory costs.
V. Upgrades and Improvements
All plans for significant upgrades and improvements of school system playing fields, tennis courts, and gymnasiums shall be reviewed by the Community Facilities Advisory Board which shall then make recommendations to the Board of Education, Superintendent of Schools, or the City Council regarding the advisability of such proposed upgrades and improvements.
Adopted: February 10, 1997
The Mountain Brook Board of Education welcomes financial assistance from groups such as PTA’s, Athletic Boosters, and others which makes possible improvements to school facilities. To insure that such improvements are made in a way which insures quality construction and protects the legal and financial interests of the Board of Education, the following process shall be used:
Adopted: December 15, 1997
To ensure that skills taught in career/technical education courses are consistent with prevailing business and industrial standards, the Mountain Brook Board of Education does hereby adopt the following procedures for maintenance, repair, updating, and replacement of equipment.
Equipment Maintenance and Repair
Each instructor shall, as needed, submit an equipment maintenance or repair request from stating the item and an estimate of cost for parts and service, if known, the vendor, (maintenance agreements), technology maintenance staff or maintenance staff, as appropriate.
The director or director’s designee shall periodically inspect labs and classrooms to determine if equipment is kept in good repair and properly used, safety requirements met, etc. It is the responsibility of the career/technical administrator and each instructor to work to see that facilities, equipment, and instructional materials are kept in good working order and in safe, operable condition.
Equipment Updating and Replacement Procedures
The career/technical administrator and instructor shall for each department, cooperatively develop, complete, and utilize annually, a needs assessment survey to determine when instructional supplies, textbooks, or equipment should be replaced or updated. Instructors shall utilize their state equipment list, curriculum guides, advisory committee recommendations, and state career/technical education specialist to help determine their current and future equipment, textbook, and instructional supplies needs.
The career/technical administrator and the instructor shall jointly prepare an annual budget for each instructional program. All local, state, and federal career/technical education funds allocated for each department shall be reflected in the budget. When possible, consideration should be given to setting aside a portion of funds for large, long-range expenditures that may be needed to update equipment
Purchase orders shall be prepared for all goods and/or services purchased in the name of Mountain Brook Schools career/technical department. A separate purchase order shall be prepared for each vendor and shall be signed by the appropriate person. The superintendent has the final responsibility for approving or disapproving all purchases and/or services. However, approval or disapproval must be made in terms of budgetary allocation, needs, desirability, and contribution to the program.
Instructors shall report facility maintenance needs to a building administrator. The administrator will forward the request to the Board of Education maintenance supervisor who shall implement the repairs as expeditiously as possible. Requests for major repairs, building modifications, or additions shall be submitted by the principal to the superintendent and/or Board. The superintendent must approve minor alterations, which involve changing the original building plans.
Care of Facilities and Equipment
Each instructor and the building supervisor must ensure care and protection of the school property. Abuse and misuse of school furniture and property is not to be tolerated and should be reported to the administration.
Willful Damage to School and Personal Property
Each student enrolled in the career/technical departments shall be responsible for respecting school and live work production property at all times. When school or live work property is damaged, destroyed, or defaced by a student, the student and/or his parent or guardian shall be required to make full restitution for the willful damage to the school or personal live work property. The student shall also be subject to probation, temporary suspension, expulsion, or other disciplinary action that may be deemed necessary and advisable by school officials.
Adopted: March 8, 2004