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					      The New America School – Las Cruces
          School Employee Handbook

                 School Year
                 2012-13




DRAFT



Appendix A
THIS HANDBOOK AND ANY VERBAL STATEMENTS BY MANAGEMENT ARE NOT INTENDED
TO CONSTITUTE A CONTRACT OF EMPLOYMENT, EITHER EXPRESS OR IMPLIED.

NO REPRESENTATIVE OF THE NEW AMERICA SCHOOL—LAS-CRUCES, OTHER THAN THE
PRINCIPAL, HAS AUTHORITY TO ENTER INTO ANY AGREEMENT OF EMPLOYMENT FOR
ANY SPECIFIED PERIOD. CONTRACTS OF EMPLOYMENT FOR CERTIFIED PERSONNEL
MUST BE IN WRITING, SIGNED BY THE PRINCIPAL AND THE EMPLOYEE TO BE
EFFECTIVE.

THE CONTENTS OF THIS HANDBOOK ARE SUMMARY GUIDELINES FOR EMPLOYEES AND
THEREFORE ARE NOT ALL-INCLUSIVE. THE SCHOOL RESERVES THE RIGHT TO
SUSPEND, TERMINATE, INTERPRET OR CHANGE ANY OR ALL OF THE GUIDELINES
MENTIONED, ALONG WITH ANY OTHER PROCEDURES, PRACTICES, BENEFITS OR OTHER
PROGRAMS OF THE NEW AMERICA SCHOOL-LAS CRUCES. THESE CHANGES MAY
OCCUR AT ANY TIME, WITH OR WITHOUT NOTICE.

If you have questions about this Handbook, please discuss them with your principal.

The New America School Mission Statement:

To empower new immigrants and English Language Learners with the educational
tools and support they need to maximize their potential, succeed and live their
American Dream.

As an employee of the New America School –Las Cruces (“NAS-LC” or the “School”), you
are a very important part of the School because, no matter what your job is, others will
depend on you. And the better we work together, the more we may progress together.

This handbook is your personal copy to help you get answers when you have questions
about The New America School—Las Cruces.

This handbook probably won’t answer every question. So, when you can’t find the answers
in this book, please consider your supervisor as your prime source for information about
The New America School –New Mexico and your position here with us.
                                                TABLE OF CONTENTS

                                                                                                                           Page
EMPLOYMENT
EEO/Sexual Harassment Policy (Revised) ……………………………………………                                                                        1
Unlawful Harassment .................................................................................................           1
Sexual Harassment ....................................................................................................          2
Complaint Procedure..................................................................................................           2
Anti-Violence ……………………………………………………………………………….                                                                                   3
Weapons ……………………………………………………………………………………                                                                                        3
Search/Seizure …………………………………………………………………………….                                                                                   3
Prohibited Contact with
Students…………………………………………………………………………………….                                                                                       3
Problem Solving .........................................................................................................       3
Unacceptable Activities ………………………………………………………………….4
Progressive Discipline Process …………………………………………………………6
Administrative Leave …………………………………………………………………….7
ESL Requirements ……………………………………………………………………….7
Licensure ………………………………………………………………………………….7




GENERAL EMPLOYEE INFORMATION
Employee Background Check ................................................................................... 7
Immigration Law Compliance
……………………………………………………………………………………… ………. 7
Employee Status ....................................................................................................... 7
Personnel File ………………………………………………………………………….8
Paydays …………………………………………………………………………………8
Direct Deposit …………………………………………………………………………… 8
Salary Schedule ………………………………………………………………………… 8
Mandatory Deductions …………………………………………………………………. 8

Time Sheets ...............................................................................................................     9
Time
off……………………………………………………………………………………………                                                                                          9
Hourly Rate ………………………………………………………………. ……………9
Hours of Work ............................................................................................................      9
Overtime.....................................................................................................................   10
Compensatory Time off …………………………………………………………………                                                                                 10
Employee Loans/Advances ………………………………………………………….10

Garnishments ............................................................................................................. 10
TRAVEL AND EXPENSES
Travel Expense Reports ............................................................................................. 11
Business Travel .......................................................................................................... 11

LEAVES OF ABSENCE
Discretionary Leave ………………………………………………………………………. 11
Sick Leave ……………………………………………………………………………… 12
Vacation ………………………………………………………………………………….13
Personal Time …………………………………………………………………………13
Bereavement Leave …………………………………………………………………….13
Court Leave ……………………………………………………………………………13
Family Medical Leave Act ……………………………………………………………14
Military Leave ………………………………………………………………………….16
Medical Leave ………………………………………………………………………….18
Time off for Voting ……………………………………………………………………..18
Other Unpaid Leave …………………………………………………………………….18




GENERAL
Performance Reviews …………………………………………………………18
Drugs and Alcohol ......................................................................................................           19
Smoking …………………………………………………………………………………….                                                                                          19
Professional
Development……………………………………………………………………………19
Attendance and Punctuality........................................................................................                 19
Attendance at In-
Service…………...…………………………………………………………………….19
Outside
Employment……………………………………………………………………………20
Tutoring or Advising for Pay ………………………………………………………..21
Participation in Political Activities ………………………………………………….21
Confidential Information .............................................................................................             21
Confidentiality of Student Records .............................................................................                   21

Conflicts of Interest.....................................................................................................         23
Appearance and Conduct ………………………………………………………….23
 School Property……………………………………………………………………23
Computer System …………………………………………………………………23
Software .....................................................................................................................     24
Internet .......................................................................................................................   24
Communications System............................................................................................                  24
Telephone Calls .........................................................................................................          25
Copier, Fax & Postage
Meter……………………………………………………………………………..25

EMPLOYEE BENEFITS
Insurance ................................................................................................................... 25

Group Insurance ………………………………………………………………………….. 25
Pre-tax Insurance Premium Plan ……………………………………………………25
Supplemental Life Insurance ………………………………………………………..28
Unemployment Compensation ………………………………………………………28
New Mexico Retirement Plan …………………………………………………… 28
Workers’
Compensation……...………………………………………………………………..…28
Social Security ………………………………………………………………………28

Safety/Reporting of
Injury……………………………………………………………………………….29
Employee and Student Safety ………………………………………………….29
Remaining on School Premises ………………………………………………..29
Personal Property ……………………………………………………………….29
Removal of School Property ……………………………………………………29
Visitors …………………………………………………………………………….30
Parking …………………………………………………………………………….30
School Calendar ………………………………………………………………….30
Breaks ……………………………………………………………………………...30
Inclement Weather ………………………………………………………………..30

APPENDICES

NAS-LCNAS-LC Complaint Procedure ………………………………………………
A
Payroll Schedule ………………………………………………………………..B
Direct Deposit Form ……………………………………………………………C
Salary Schedule …………………………………………………………………D
Staff Absence/Leave Request Form …………………………………………E
Travel Expense Form …………………………………………………………..F
Per Diem ………………………………………………………………………….G
Drug Free Workplace …………………………………………………………..H
Conference Request Form …………………………………………………….I
Computer Network/Internet Access Policy ………………………………...J
Employee Claim for Workers’ Compensation Benefits Form …………..K
First Report of Injury Form …………………………………………………….L
EMPLOYMENT/STANDARDS OF CONDUCT

NAS-LC employees serve as positive role models for students and must set good
examples in conduct, manners, dress and grooming. NAS-LC expects each employee
to maintain the highest standards of conduct and act in a mature and responsible
manner at all times. Employees must not engage in activities which violate federal, state
or local laws or which in any way diminish the integrity, efficiency or discipline of the
School.

 Staff members will exhibit appropriate professional behavior while working with
students and refrain from harassment, malicious or prejudicial treatment, and
abridgement of student rights.


EEO/Sexual Harassment Policy
The School is dedicated to the principles of equal employment opportunity. We prohibit
unlawful discrimination against applicants or employees on the basis of age, race, sex,
color, religion, national origin, disability, genetic information, veteran status, sexual
orientation or any other applicable status protected by state or local law. This prohibition
includes unlawful harassment based on any of these protected classes. Unlawful
harassment includes verbal or physical conduct which has the purpose of effect of
substantially interfering with an individual’s work performance or creating an
intimidating, hostile or offensive work environment. This policy applies to all employees,
including supervisors, co-workers and non-employees such as vendors, consultants and
so forth.

ADA and Religious Accommodation: NAS-LC will make reasonable accommodation for
qualified individuals with known disabilities and employees whose work requirements
interfere with a religious belief unless doing so would result in an undue hardship or a
direct threat to NAS-LC. Employees needing such accommodation are instructed to
contact School administration immediately. Accommodations are reviewed case-by-
case in accordance with the ADA and any state or local laws that prohibit disability
discrimination.


 Unlawful Harassment
Unlawful Harassment includes verbal or physical conduct that has the purpose or
effect of substantially interfering with an individual’s work performance or
creating an intimidating, hostile, or offensive work environment. Actions based
on an individual’s age, race, sex, color, religion, national origin, disability, genetic
information, or any other applicable status protected by state or local law will not
be tolerated. Prohibited behavior may include but is not limited to the following:

   •   Written form such as cartoons, e-mail, posters, drawings, or photographs.
   •   Verbal conduct such as epithets, derogatory comments, slurs, or jokes.
   •   Physical conduct such as assault, or blocking an individual’s movements.
This policy applies to all employees including supervisors, co-workers, and non-
employees such as vendors, consultants, etc.

Sexual Harassment
The School prohibits sexual harassment and inappropriate sexual conduct. Sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature, when:

   •   Submission to such conduct is made explicitly or implicitly a term or condition of
       employment.
   •   Submission to or rejection of such conduct is used as the basis for decisions
       affecting an individual’s employment.
   •   Such conduct has the purpose or effect of substantially interfering with an
       individual’s work performance or creating an intimidating, hostile or offensive
       work environment.

All employees are expected to conduct themselves in a professional and businesslike
manner at all times. Conduct which may violate this policy includes, but is not limited to,
sexually implicit or explicit communications whether in:

   •   Written form, such as cartoons, posters, calendars, notes, letters, e-mail.
   •   Verbal form, such as comments, jokes, foul or obscene language of a sexual
       nature, gossiping or questions about another’s sex life, or repeated unwanted
       requests for dates.
   •   Physical gestures and other nonverbal behavior, such as unwelcome touching,
       grabbing, fondling, kissing, massaging, and brushing up against another’s body.

Complaint Procedure: If you believe there has been a violation of the EEO policy or
harassment based on the protected classes outlined above, including sexual
harassment, please use the following complaint procedure. The NAS-LC expects
employees to make a timely complaint to enable management to promptly investigate
and correct any behavior that may be in violation of this policy.

Report the incident to: The Principal, the Superintendent, or any other administrative
staff.   The Principal, Superintendent, and/or designee will promptly investigate the
matter and take appropriate corrective action. Your complaint will be kept as confidential
as practicable.

New America School- Las Cruces prohibits retaliation against an employee for filing a
complaint under this policy or for assisting in a complaint investigation. If you perceive
retaliation for making a complaint or your participation in the investigation, please follow
the complaint procedure outlined above. The situation will be investigated. Based on
the results of the inquiry, action will be taken which school administration believes is
appropriate. If school administration determines that an employee’s behavior is in
violation of this policy, appropriate disciplinary action will be taken against the offending
employee, up to and including discharge or termination of employment.

Anti-Violence: The New America School strives to maintain a work environment free
from intimidation, threats, or violent acts. This includes, but is not limited to: intimidating,
threatening or hostile behaviors; physical/verbal abuse; vandalism; arson; sabotage;
use of weapons; carrying weapons onto our premises; stalking or any other act which in
the school administration’s opinion is inappropriate to the workplace. In addition, bizarre
or offensive comments regarding violent events and/or behavior are not tolerated.

Any behavior listed above should be immediately reported to a supervisor. Complaints
will receive attention and the situation will be investigated. Based on the results of the
inquiry, appropriate action will be taken. Employees should directly and immediately
contact law enforcement personnel if they believe there is an imminent threat to the
safety and health of employees, students, other persons, or property.

Weapons: Persons in and around School property are prohibited by law from carrying
a handgun, firearm, knife or other weapon of any kind regardless of whether the person
is licensed to do so. NAS-LC also prohibits all employees from having a handgun,
firearm, knife or other weapon of any kind in their personal vehicle when that vehicle is
being used on School business or the vehicle is on School property. The only
exceptions to this policy are police officers, security guards or other persons who have
been given written consent by the School to carry a weapon on the property or in their
vehicle.

Search/Seizure: If there is a reasonable suspicion that an employee has engaged in
prohibited conduct, The New America School reserves the right to conduct, without
notice, searches and inspections of employees, employees’ personal belongings
located on School property or employer-provided materials/equipment. This includes,
but is not limited to, such things as vehicles, purses, bags, backpacks, lunch containers,
lockers, desks, personal computer files and file drawers.

Prohibited Contact with Students: Employees of the School are prohibited from
contacting students outside of school for any purpose other than legitimate school-
related business. Teacher-student relationships of a sexual or romantic nature are
strictly prohibited and will result in dismissal and, where appropriate, reporting to law
enforcement authorities.       Inappropriate behavior regarding communications with
students will not be tolerated, including contacting students via telephone, text-
messaging, email, and instant messaging or in-person meetings.

Problem Solving: Employees who disagree or are dissatisfied with a NAS-LC policy or
practice should promptly discuss the matter with their immediate supervisor, where
appropriate. This discussion should be held within 3-5 days of the incident, or on a
timely basis. Discussions held in a timely manner will enhance the ability to resolve
concerns while fresh in everyone’s mind. The majority of misunderstandings can be
resolved at this level.
If the solution offered is not satisfactory, or if it is inappropriate to involve the supervisor,
then employees are encouraged to take the problem to the Principal. If the problem still
cannot be resolved, employees may submit a written complaint pursuant to the NAS-LC
Complaint Procedure (Appendix A).

Employee Misconduct/Educator Code of Conduct: The New Mexico Public
Education Department (PED) sets minimal standards of accepted ethical behavioral and
professional conduct in education that are applicable to all licensed school personnel,
instructional personnel under a contract, including any other person who provides
instructional or education-related services in a school and who holds any license,
certificate, or written authority issued by the PED.

“Ethical Misconduct” is defined as “unacceptable behavior or conduct engaged in by a
licensed school employee and includes inappropriate touching, sexual harassment,
discrimination and behavior intended to induce a child into engaging in illegal, immoral
or other prohibited behavior.” Employees are required to report ethical misconduct to
their supervisor. The PED secretary can suspend, revoke or refuse the license of a
person who fails to report as required.

The school must conduct an investigation when a licensed employee is being
discharged or terminated, or otherwise leaves employment, after an allegation of ethical
misconduct is made against that person. The school must complete the investigation
within 30 days of the licensed employee’s departure and, if there is a finding of
wrongdoing, report the matter to the PED.

“Gross Misconduct “is defined as wanton or willful disregard of the school’s interest, a
deliberate violation of the school’s rules, a disregard of the standards of behavior which
the school has the right to expect of an employee, violation of the ethical and/or
professional code of conduct promulgated by the PED for licensed school employees,
insubordination, or negligence indicating an intentional disregard of the school’s interest
or the employee’s duties and obligations to the school. Gross misconduct of an
employee shall lead to termination or discharge or other appropriate disciplinary action.
A finding of gross misconduct leading to termination or discharge can also affect the
right to continued benefits.

The school is required to report to the PED any known conviction of a felony or
misdemeanor involving moral turpitude of a licensed school employee that results in any
type of action against the licensed school employee.

Unacceptable Activities: NAS-LC expects each employee to act in a mature and
responsible way at all times. If you have any questions concerning any work or safety
rule, or any of the unacceptable activities listed below, please see your supervisor. Note
that the following list of unacceptable activities does not include all types of conduct that
can result in disciplinary action, up to and including discharge. Nothing in this list alters
the at-will nature of employment for at-will employees of the School.
1. Violation of any School policy, procedural directive, or code of ethical
conduct/standard of professional conduct prescribed by the PED.
2. Violation of security or safety rules or failure to observe safety rules or practices;
failure to wear required safety equipment; tampering with School equipment or safety
equipment.
3. Negligence or any careless action which may endanger the health, safety or well
being of another person.
4. Being intoxicated or under the influence of a controlled substance, including alcohol,
while at work; use, possession or sale of a controlled substance in any quantity while on
School premises, except medications prescribed by a physician which do not impair
work performance.
5. Possession of dangerous or illegal firearms, weapons or explosives on or around
School property or while on duty.
6. Engaging in criminal conduct or acts of violence or making threats of violence toward
anyone on School premises or when representing GSHS; fighting, or provoking a fight
on School property, or negligent damage to property.
7. Insubordination or refusing to obey instructions properly issued by your supervisor
pertaining to your work; refusal to help out on an assignment.
8. Threatening, intimidating or coercing fellow employees on or off the premises at any
time, for any purpose.
9. Engaging in an act of sabotage; negligently causing the destruction or damage of
School property, or the property of fellow employees, customers, suppliers, or visitors in
any manner.
10. Theft or unauthorized possession of School property or the property of fellow
employees; unauthorized possession or removal of any School property, including
documents, from the premises without prior permission from management;
unauthorized use of School equipment or property for personal reasons; using School
equipment for profit.
11. Dishonesty; falsification or misrepresentation on your application for employment or
other work records; untruthfulness about sick or personal leave; falsifying reason for a
leave of absence or other data requested by NAS-LC; unauthorized alteration of School
records or other documents.
12. Spreading malicious gossip and/or rumors; engaging in behavior which creates
discord and lack of harmony; interfering with another employee on the job; restricting
work output or encouraging others to do the same.
13. Immoral conduct or indecency on School property.
14. Conducting a lottery or gambling on School premises.
15. Unsatisfactory or careless work, failure to meet work productivity or work quality
standards.
16. Any act of harassment including but not limited to sexual, racial, and religious, telling
sexist or racist jokes, making racial or ethnic slurs.
17. Leaving work before the end of a workday or not being ready to work at the start of
a workday without approval of your supervisor; stopping work before time specified for
such purposes.
18. Sleeping or loitering during working hours.
19. Excessive use of telephones for personal calls, text messaging, and cell phone plan
features.
20. Smoking or using tobacco products on School property or during school-related
activities.
21. Creating or contributing to unsanitary conditions.
22. Failure to report an absence or late arrival; unauthorized or excessive absences or
lateness.
23. Obscene or abusive language toward any supervisor, employee, parent, or student;
indifference or rudeness; any disorderly/antagonistic conduct on School premises.
24. Speeding or careless driving of School vehicles or personal vehicles on School
property or during school-related activities.
25. Failure to immediately report damage to, or an accident involving, School
equipment.
26. Unauthorized soliciting during working hours and/or in working areas; selling
merchandise or collecting funds of any kind for charities or others without authorization
during business hours, or at a time or place that interferes with the work of another
employee on School premises.
27. Failure to use required timesheets, alteration of your own timesheet or records or
attendance documents, punching or altering another employee's timesheet or records,
or causing someone to alter your timesheet or records.
28. Any other act or omission which impairs or restricts the ability of the School to
provide a safe and healthy environment for employees and students.
29. Sharing or disseminating personal or confidential information about students or
employees.
30. Negligence or any careless action which allows others access to personal or
confidential information about employees or students. Willfully providing someone
access to personal or confidential information about employees or students.

Progressive Discipline Process: Whether or not an employee’s performance,
conduct or behavior warrants disciplinary action is within the judgment and discretion of
the Principal, as is the appropriate type of discipline in a particular instance. All actions
taken by the school will be in accordance with the applicable requirements of the New
Mexico School Personnel Act. NAS-LC does not intend by these guidelines to create
an expectation that any employee will be assured of any particular form of disciplinary
action, such as warning or notice, or progressive discipline, prior to discharge. Rather,
discipline shall be imposed at the Principal’s discretion, in consideration of the law and
the factors the school deems relevant. In considering or issuing discipline, the Principal
may and generally should consider an employee’s entire work record and disciplinary
history, and may rely on all information and documentation relating to the employee in
question, whether or not the information or documentation has been shared with the
employee.

Supervisors/Principals may use a number of tools to motivate, correct, and/or discipline
employees, including, but not limited to warnings, reprimands, suspension with or
without pay, and discharge, as determined to be appropriate in each individual
circumstance. Progressive discipline may be used to correct employee behavioral or
performance problems. However, there may be situations where the severity or
seriousness of the offense justifies the omission of one or more of the steps in this
process. Likewise, there may be situations where a disciplinary step is repeated.

Administrative Leave Pending Possible Disciplinary Action:
NAS-LC will investigate any incident of employee misconduct or alleged misconduct
occurring at or involving the School. An employee accused of misconduct may be
placed on paid administrative leave pending the school’s investigation, if the
circumstances warrant. If you are suspected of violating the School's policies,
procedures, or work rules, you may be placed on administrative leave, with or without
pay, pending an investigation of the situation. Time designated as administrative leave
with pay will not be charged to the employee’s paid leave.


ESL Requirements: All teachers must be endorsed in ESL. Once a teacher is
licensed, they must provide documentation that they are working towards their ESL
endorsement. Preferably, ESL endorsement should be obtained within two years of the
hire date, and not longer than 3 years from date of hire.

Licensure: It is the employee’s responsibility to obtain and maintain the
appropriate licensure for their individual position. Failure to do so may result in
dismissal/termination.

GENERAL EMPLOYEE INFORMATION
Employee Background Check: NAS-LC will conduct background checks of all
prospective employees (i.e. applicants offered employment) with the School, School
contractors and the contractor’s employees, and volunteers who have unsupervised
access to students. Background checks are based on fingerprint identification of the
prospective employee, contractor/ employee or volunteer. Any background check fees
are the responsibility of the applicant. All offers of employment are contingent upon a
satisfactory background check. The background check may consist of prior employment
verification, professional reference checks, education confirmation, a criminal
background check and/or driving record history.

Immigration Law Compliance: All offers of employment are contingent upon
verification of your right to work in the United States. You will be asked to provide
original documents verifying your right to work and, as required by federal law, to sign
Federal Form I-9, Employment Eligibility Verification Form. If you cannot verify your right
to work in the United States at any time, NAS-LC may terminate your employment.

Employee Status: At the time you are hired or transfer to a new position, you are
classified as a regular full-time, regular part-time, short-term, or temporary employee. In
addition, you are classified as nonexempt or exempt in accordance with the Fair Labor
Standards Act and applicable state law.
For administrative purposes, NAS-LC classifies employees as follows:
Full-time Employee              Normally scheduled to work at least 30 hours per
                                week. This includes principals, assistant principals,
                                office managers, secretaries and office staff



Part-time Employee               Normally scheduled to work less than 30 hours per
                                 week.

Temporary Employees              Employees hired to work on special projects;
                                 employees hired for duration shorter than nine months;
                                 hourly summer employees and interns.


An Exempt Employee is an employee who is not eligible for overtime pay. The
following employees are considered exempt employees: principals, assistant principals,
teachers, and other certified staff whose duties and responsibilities exempt them from
statutory overtime pay provisions.

A Non-exempt Employee is an employee eligible for overtime pay. Non-exempt
employees are eligible for paid overtime at one and one-half times their regular rate of
pay for all hours worked in excess of 40 hours per workweek.


Please direct any questions regarding your employment classification to the
Administrative Office. Any overtime hours must be scheduled and approved by the
Principal or his/her designee in advance.

Personnel File: NAS-LC shall maintain a personnel file for each employee. These files
are confidential and only may be accessed/reviewed by the Principal, or by the
employee upon advance request. Personnel files/records are maintained in accordance
with New Mexico record retention requirements.

Paydays: See attached payroll schedule, Appendix B.

Direct Deposit: Direct deposit is mandatory for all employees. The requirement will
alleviate problems of people not getting their check while out on break, leave, vacation,
inclement weather, etc. See Appendix C – Direct Deposit form.

Salary Schedule: The New America School New Mexico salary schedule is attached
as Appendix D - Salary Schedule.
Teachers may claim eligibility for educational training salary increments, by submitting a
letter on or before September 15 followed by an official transcript as soon as possible to
the Principal. Compensation will begin after all official accredited university/college
transcripts have been approved.
The increased training hours must be completed after the highest completed degree.
(BA, BA+15; BA +45; MA +15; MA +45 and Ph.D. or Ed.D.)

Mandatory Deductions from Paycheck: NAS-LC is required by law to make certain
deductions from your paycheck. Among these are your federal, state and local income
taxes and your contribution to Social Security and Medicare, New Mexico Retirement
and Retiree Healthcare. These deductions are itemized on your check stub. The
amount of the deduction depends upon your earnings and the information you furnished
on your W-4 form. Other mandatory deductions that may be made from your paycheck,
such as court ordered garnishments, will be explained whenever NAS-LC is ordered to
make such deductions.


Time Sheets: All non-exempt employees must complete New America School
timesheets which serve as the basis for calculating pay and tracking employee use of
vacation/discretionary time off. See your supervisor for instructions on completing your
time sheets.

Time sheets are due into the administrative office. Time sheets must be approved by
the employee’s supervisor. Employees should review their pay information monthly to
ensure accuracy. Time sheets that are not turned in by the due dates may result in
a delay of payment for those hours until the next pay period.

Exempt staff members do not need to fill out a timesheet.

Time Off: If an employee plans on using vacation, discretionary or sick time, a 3 part
Staff Absence Request form must be used to request the potential time off. See
Appendix E – Staff Absence Request/Notification Form. Administration requests that
employees intending to use vacation time request time off at least ten days in advance.
Failure to do so may result in denial of the request.

Hourly rate for full-time Employees: Employees who work a partial pay period will be
paid their regular hourly rate for hours worked during that pay period. This will be
calculated by taking the employee’s annual salary and dividing it by 2080 hours. During
partial pay periods employees (exempt as well as non-exempt) will complete a NAS-LC
timesheet and follow the procedures outlined above.

Hours of Work: The School is normally open Monday through Thursday, from 7:00
a.m. to 10:00 p.m. The school offices will be open Fridays from 7:30-4:30.
Principals, assistant principals, office staff and campus security monitors are required to
work 40 hours per week.

Teachers will have the following bell schedule for the school year:
          1450 minutes per week (+/- 50 minutes)
          60 minutes per day of prep time
          30 minutes for lunch
            Teachers arrive 15 minutes before and 15 minutes after the completion of
             their bell schedule.
            The bell schedule provides the opportunity for students to have 1080
             hours of instruction
            Classes are scheduled to provide 720 hours of FTE status
            For the 148 instructional days, the Teacher’s workday is 8.5 hours
            For the remaining 18 days (2 Parent-Teacher Conferences, 11 for Friday
             In-Service, and 5 for pre-school workdays/prep), the Teacher’s workday is
             7 hours. This generates an average workday of 8.33 hours and a total of
             1384 hours per year.

Counselors will have the following schedule for the school year:
          Counselors will work 8.5 hours per day during the 148 student contact
            days and the 13 pre-school/end of school days.
          30 minutes for lunch
          Counselors are to arrive 15 minutes before and 15 minutes after the
            completion of their bell schedule.
          For the remaining 13 days (2 Parent-Teacher Conferences and 11 for
            Friday In-Service), the counselor’s workday is 7 hours. This generates an
            average workday of 8.33 hours and a total of 1459.5 hours per year.

Overtime: Occasionally, you may be required to work overtime. Administration or your
supervisor will give as much notice as practicable.

For non-exempt employees, hours worked in excess of forty (40) hours per workweek
are paid at one and one-half (1 1/2) times the employee’s regular hourly rate. The
established workweek begins at 12:01 a.m. on Sunday and ends at 12:00 midnight on
Saturday.

For purposes of calculating overtime payments, only hours actually worked are counted.
Consequently, hours paid but not worked, e.g., vacation and sick are not counted.

Compensatory Time Off: Non-exempt employees have the option of receiving
compensatory time off ("comp time") instead of overtime pay for overtime hours worked.
The use of accrued comp time must be approved and scheduled through the Principal.
If the Principal approves comp time, the employee must take the comp time within
twenty working days or it is paid as overtime automatically.



Employee Loans/Advances: NAS-LC does not permit pay advances or personal
loans. Personal loans or advances in pay are not extended.

Garnishments: If the School receives a court or government ordered garnishment
order, the School will comply. By court action, a creditor can require the School to
withhold a certain amount/percentage of the employee’s pay. If garnishments or similar
proceedings are instituted against an employee, the School will deduct the required
amount from the employee’s paycheck. Garnishment actions are conducted in
compliance with appropriate federal and state laws.

TRAVEL AND EXPENSES

Travel Expense Reports: Please use the proper expense report form given to you by
your supervisor. Expense reports must be turned in on a monthly basis. Any
reimbursements turned in after 60 days of the occurrence will not be paid. Expense
reports without proper documentation are not accepted as complete. You are required
to show proof of purchase with a full receipt along with all expense reports. See
Appendix F - the NAS Travel Expense form.

Business Travel: Employees who must travel on school business are reimbursed for
reasonable travel expenses, and for lodging and meals at the applicable per diem rate.
Employees are not reimbursed for alcoholic beverages. The U.S. General Services
Administration (GSA) and/or State of New Mexico normal rates and charges for a
particular geographic area prevail when auditing travel vouchers. Employees are
reimbursed for the coach fare when travel is by common carrier. See Appendix G - U.S.
General Services Administration Per Diem Rates.

Employees authorized to travel by personal car for business purposes are normally
reimbursed at the Internal Revenue Service’s allowable rate per mile. Tolls and parking
fees are also reimbursable. Employees are responsible for moving violations incurred
while they are driving a School-owned vehicle or personal vehicle for business. Parking
violations are also the employee’s responsibility.

If you are involved in an accident while on school business travel, immediately report
the accident to your supervisor. Vehicles owned, leased or rented by NAS-LC may not
be used for personal reasons or purposes without advance approval from
administration.

Employees whose travel plans have been approved are responsible for making their
own travel arrangements. Employees utilizing flight travel must keep all boarding
passes for documentation and as additional receipt of travel.

Employees should contact their supervisor for guidance and assistance on procedures
related to travel arrangements, expense reports, reimbursement for specific expenses,
or any other business travel issues.

All business travel must be approved in advance by the Principal, the Superintendent or
their designee.
LEAVES OF ABSENCE
Discretionary Leave: Discretionary leave is leave time accrued over and above
summer vacation, holidays and breaks. All certified staff will accrue 5 discretionary
days starting at the beginning of the school year. Discretionary time for eligible
employees hired after August 1 will be prorated. Discretionary leave may not be used
in conjunction with or adjacent to school breaks or holidays.

If an employee leaves before the end of the school year, their discretionary leave will be
reviewed and the accrual will be calculated at a monthly rate of 0.42 days a month. If
the employee has used more than their accrual, the difference will be deducted from
their final paycheck.

Discretionary days will not be carried over into the new school year. The maximum
accrual per year will be 5 days. Any remaining discretionary days will be paid out at the
employee’s regular daily rate at the end of the school year. The payout will take place
on the July check.

 Should an employee need to use more than 5 days of discretionary time, they will be
allowed to do so, up to a maximum of 5 days. Any negative discretionary time above
and beyond available time, will be deducted from the July paycheck unless the
employee terminates or is discharged prior to July, in which case any negative
discretionary time will be deducted from the employee’s final paycheck.

Part-time employees who are eligible for benefits will accrue discretionary time on a pro-
rated basis.

Sick Leave: NAS-LC management may require a doctor’s certification for any health-
related absence.
NAS provides the following sick leave schedule:

Principals, assistant principals will accrue 10 days of sick leave starting at the beginning
of each school year. Sick time for Principals, assistant principals hired after August 1
will be prorated. The Superintendent must approve Principal sick leave.

Teachers will accrue 5 days of sick leave starting at the beginning of each school year.
All sick leaves must be approved by the Principal. Sick time for teachers hired after
August 1 will be prorated. Should a teacher need to use more than 5 days of sick time,
they will be allowed to do so up to a maximum of 5 days. Any negative sick time above
and beyond available time, will be deducted from the July paycheck unless the
employee terminates or is discharged prior to July, in which case any negative sick time
will be deducted from the employee’s final paycheck.

Office staff will accrue 10 days of sick leave starting at the beginning of the school year.
Use of sick leave must be approved by the Principal. Sick time for office staff hired after
August 1 will be prorated.
All full-time employees will be allowed to carry over any remaining sick leave time as of
July 31 to the following school year. There is no maximum on the carryover amount.

Upon termination of employment, sick time will calculated at a monthly rate of 0.42 days
a month to determine if an employee has used more than the monthly accrual. If an
employee has used more, the difference will be deducted from their final paycheck. If
an employee has sick time available at the time of termination/discharge, their sick time
will not be paid out.

Vacation: The following is the schedule for all positions:

Principals will accrue 5 weeks vacation at the beginning of each school year. Vacation
time must be used between August 1 and July 31 of the current school year with
approval by the Superintendent Principals may carry over 5 remaining days of vacation
into the next school year. Any time remaining over and above 5 days will be forfeited.

Teachers have the summers and break periods off; they do not accrue or receive
vacation pay.

Office staff will accrue 2 weeks of vacation at the beginning of each school year.
Vacation time must be used between August 1 and July 31 of the current school year
with approval by the Principal. Office staff may carry over 5 remaining days of vacation
to the following school year. Any remaining time over and above 5 days will be forfeited.

At the beginning of an employee’s 6th year (their anniversary date) with the School, an
employee who is eligible for vacation (those who have the summer off are not eligible)
will begin accruing one additional week of vacation.

Upon termination or discharge, vacation time will be calculated at a monthly rate
dependent on the employee’s position to determine if an employee has used more than
the monthly accrual. If an employee has used more, the difference will be deducted
from their final paycheck. If an employee has vacation time available at the time of
termination, their vacation time will be paid out.

Personal Time: The School does not offer personal time off. Any requested personal
time will be charged to the employee’s discretionary or vacation/sick leave.

Bereavement Leave: Upon the death of a member of your immediate family, you may
arrange through your supervisor for bereavement leave. All employees are eligible to
receive up to three (3) days of bereavement leave with pay per occurrence.

Immediate family includes mother, father, mother-in-law, father-in-law, spouse, child,
stepchild, brother, sister, step-parent, and grandparents. This leave may be utilized in
the event of an employee’s or spouse’s miscarriage.
Court Leave: Except as a plaintiff or defendant, court leaves with pay will be provided
where an employee is required by a lawful subpoena to testify in a court or
administrative proceeding. Court leave with pay will be granted for jury duty, provided a
copy of the summons or subpoena must be attached to the Request for Leave Form.
When excused from jury duty during regular work hours, employees should report to
work promptly. The employee shall remit money received for jury duty, except that paid
for mileage and/or subsistence, to the Main Office. Court leave with pay will be granted
to employees whose absence is due to an action against the Governing Council on
account of physical injuries suffered by the employee while on duty, but not for absence
resulting from the employee bringing action against the Governing Council for any other
reason.

Family Medical Leave Act (FMLA)): NAS-LC provides up to 12 weeks of unpaid, job –
protected leave to eligible employees for the following reasons:

Incapacity due to pregnancy, prenatal medical care or child birth; to care for the
employee’s child after birth, or placement for adoption or foster care;
To care for the employee’s spouse, son or daughter, or parent, who has a serious
health condition;
When the employee has a serious health condition that makes the employee unable to
perform the employee’s job;

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or called to
active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12 week FMLA leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include attending certain military events
arranging for alternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deployment reintegration
briefings.

Eligible employees may also take up to 26 weeks of leave to care for a covered service
member during a single 12 month period. A covered service member is a current
member of the Armed Forces, including a member of the National Guard or Reserves,
who has a serious injury or illness incurred in the line of duty on active duty. The injury
or illness must make the service member medically unfit to perform his or her duties for
which the service member is undergoing medical treatment, recuperation, or therapy; or
is in outpatient status; or is on the temporary disability retired list.

                A” covered service member “is a current member of the Armed Forces,
              including a member of the National Guard or Reserves, who has a serious
              injury or illness incurred in the line of duty on active duty. The injury or
              illness must make the service member medically unfit to perform his or her
              duties for which the service member is undergoing medical treatment,
             recuperation, or therapy; or is in outpatient status; or is on the temporary
             disability retired list.

Benefits and Protections

During FMLA leave, NAS-LC maintains the employee’s health coverage under any
group health plan on the same terms as if the employee had continued to work.
Employees must continue to pay their portion of any insurance premium while on leave.
If the employee is able but does not return to work after the expiration of the leave, the
employee will be required to reimburse payment of insurance premiums during leave.
Upon return from FMLA leave, most employees are restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms. Certain
highly compensated employees (key employees) may have limited reinstatement rights.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee’s leave. As with other types of unpaid leave, paid leave
will not accrue during the unpaid leave. Holidays, funeral leave, or employer’s jury duty
pay are not granted on unpaid leave.

Eligibility
Employees are eligible if they have worked for NAS-LC for at least 12 months, and for
1,250 hours over the previous 12 months.

Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or continuing
treatment by a health care provider for a condition that either prevents the employee for
performing the functions of the employee’s job, or prevents a qualified family member
from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a
period of incapacity or more than 3 consecutive full calendar days combined with at
least two visits to a health care provider or one visit and a regimen of continuing
treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.

Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be
taken intermittently or on a reduced leave schedule, when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt School operations. Leave due to qualifying
exigencies may also be taken on an intermittent basis.

Employees taking intermittent or reduced schedule leave based on planned medical
treatment and those taking intermittent or reduced schedule family leave with NAS-LC
agreement, may be required to temporarily transfer to another job with equivalent pay
and benefits that better accommodates the type of leave.

NAS-LC requires employees to use accrued discretionary, vacation and sick leave while
taking FMLA leave. Once an employee is out of paid leave, the remainder of leave is
unpaid. Worker’s compensation runs concurrently with FMLA.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when
the need is foreseeable. When 30 days notice is not possible, the employee must
provide notice as soon as practicable and generally must comply with NAS-LC normal
call-in procedures.

Employees must provide sufficient information for NAS-LC to determine if the leave may
qualify for FMLA protection and the anticipated timing and duration of the leave.
Sufficient information may include that the employee is unable to perform job functions;
the family member is unable to perform daily activities, the need for hospitalization or
continuing treatment by a health care provider, or circumstance supporting the need for
military family leave. Employees also must inform NAS-LC if the requested leave is for a
reason for which FMLA leave was previously taken or certified.

Employees also may be required to provide a certification and periodic recertification
supporting the need for leave. NAS-LC may require second and third medical opinions
at School expense. Documentation confirming family relationship, adoption or foster
care may be required. If notification and appropriate certification are not provided within
15 calendar days from written request from the School, approval for leave may be
denied. Continued absence after denial of leave may result in disciplinary action in
accordance with NAS-LC attendance guidelines. Employees on leave must contact
School administration at least two days before their first day of return.

NAS Responsibilities
NAS-LC will inform employee requesting leave whether they are eligible under FMLA. If
they are, the notice will specify any additional information required as well as the
employees’ rights and responsibilities. If they are not eligible, NAS-LC will provide the
reason for the ineligibility.

NAS-LC will inform employees if leave will be designated as FMLA-protected and the
amount of leave counted against the employee’s leave entitlement. If NAS-LC
determines that the leave is not FMLA-protected, NAS –LC will notify the employee.

Unlawful Acts
FMLA makes it unlawful for NAS-LC to:
   • Interfere with, restrain or deny the exercise of any right provided under FMLA
   • Discharge or discriminate against any person for opposing any practice made
      unlawful by FMLA or for involvement in any proceeding under or relating to FMLA
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a
private lawsuit against NAS-LC alleging FMLA violations. FMLA does not affect any
federal or state law prohibiting discrimination, or supersede any state or local law or
collective bargaining agreement which provides greater family or medical leave rights.


Military Leave:
NAS-LC will abide by all the provisions of the Uniformed Services Employment and Re-
Employment Rights Act (USERRA) and will grant military leave to all eligible full-time
and part-time employees who are absent from work because they are serving in the
United States uniformed services. Employees who perform duty, voluntarily or
involuntarily, in the “uniformed services,” which include the Army, Navy, Marine Corps,
Air Force, Coast Guard, as well as the reserve components of each of these services,
Army National Guard, Air Force National Guard, Commissioned Corps of the Public
Health Service, and any other category of persons designated by the President in time
or war or emergency, will be eligible for re-employment after completing duty, provided:
a. They provide written or verbal notice of their orders to their supervisor as soon as
received (unless precluded by military necessity or otherwise
impossible/unreasonable);
b. They satisfactorily complete duty of five (5) years or less;
c. They begin duty directly from employment with NAS-LC; and
d. They apply for and are available for re-employment as follows:
1) Less than 31 days service: By the beginning of the first regularly scheduled work
period after the end of the calendar day of duty, plus time required to return home safely
and an eight hour rest period. If this is impossible or unreasonable, then as soon as
possible.
2) 31 to 180 days: No later than 14 days after completion of duty. If this is impossible or
unreasonable through no fault of the employee, then as soon as possible.
3) 181 days or more: No later than 90 days after completion of duty.
4) Service-connected injury/illness: Reporting or application deadlines are extended for
up to two (2) years for persons who are hospitalized or recovering.

Performing duty, voluntarily or involuntarily, includes: Active duty, active duty for
training, and initial active duty for training; Inactive duty training; Full-time National
Guard duty; Absence from work for an examination to determine a person’s fitness for
any of the above types of duty; Funeral honors duty performed by National Guard or
reserve members; and Duty performed by intermittent disaster response personnel for
the Public Health Service, and approved training to prepare for such service.
Employees who serve in “uniformed services” will be paid for up to 15 days per fiscal
year, for active duty, active duty training, and inactive duty training. Employees may
apply accrued personal days and unused earned vacation time to the leave if they wish;
however, they are not obliged to do so. Employees on military leave shall be granted
any improvement in salary or other terms and conditions of employment which would
have accrued to them had they remained in active service with the School, provided
such employees seek reinstatement with the School within thirty (30) days following
discharge from the military service.

Military leave shall be granted to full-time and part-time employees for a period of up to
four years plus a one-year voluntary extension of active duty (five years total) if this is at
the request and for the convenience of the United States government.

An employee’s salary will not continue during a military leave unless required by law.
However, employees may request to use any vacation or personal leave time accrued
during military leave. Benefit coverage will continue for 31 days as long as employees
pay their normal portion of the cost of benefits. For leaves lasting longer than 31 days,
employees will be eligible to continue health benefits under COBRA and will be required
to pay 102 percent of the total cost of their health benefits if they wish to continue
benefits.

Employees who fail to report for work within the prescribed time after completion of
military service will be considered to have voluntarily terminated their employment.
Upon return from military leave, employees will be permitted to make additional
contributions to the retirement plan. Employees may initiate these additional payments
as of their reemployment date and continue them for the period of time permitted by
law.

Medical Leave (for Employees Not Eligible for FMLA):
 NAS-LC may approve an unpaid medical leave of absence for an employee who is not
eligible for FMLA. Administration reserves the right to deny any request for non-FMLA
leave. The employee must be a full time employee and provide adequate medical
certification, in the administration’s sole discretion, documenting the need for leave
along with the expected duration of leave. Generally, leaves may not exceed six weeks.
All vacation or discretionary time as well as sick leave must be used prior to being
placed on leave. Employees are requested to notify management as soon as possible
of the need for medical leave. An employee ready to return from leave must present a
doctor’s statement indicating ability to return to work that is acceptable to the
administration. Employees who fail to return at the expiration of their authorized leave
will normally be terminated. NAS-LC may reinstate an employee ready to return from a
medical leave of absence when in the opinion of management it is practical to do so.
NAS-LC does not guarantee reinstatement of an employee to the former job. When the
employee is available to return to work, the employee is free to apply for any vacancy
available and may be considered along with other applicants.

Time off for Voting: NAS-LC encourages employees who are eligible voters to vote
and allows employees whose work day begins less than 2 hours after the polls open
and ends less than three hours before the polls close to take up to two (2) hours during
the employee’s work-day to do so. This request must be made to the Principal at least
two weeks prior to voting day. Supervisors will schedule voting leave to ensure that
department work is covered.
Other Unpaid Leaves of Absence: Other unpaid leaves of absence may be
considered by the Principal on a case-by-case basis.

GENERAL

Performance Reviews: NAS-LC follows the New Mexico School Personnel Act for all
Certified Employees. The School periodically conducts formal reviews for all other
employees. NAS-LC’s goal is to conduct this review on at least an annual basis. A
review may also be conducted in the event of a change in duties and responsibilities.
Your review provides an opportunity for collaborative, two-way communication between
you and your supervisor. This is a good time to discuss your interests and future goals.
Your supervisor can recommend further training or additional opportunities for you and
answer any questions you may have about the performance review process.

Drugs and Alcohol:          NAS-LC strictly prohibits the possession, purchase, or
consumption (use) or sale of a controlled substance or alcohol on School premises or
while conducting School business. Employees may not use, possess, distribute, sell or
be under the influence of alcohol or illegal drugs while on School premises. You may
use legally prescribed drugs on the job only if they do not impair your ability to perform
the essential functions of your job effectively and safely without endangering yourself or
others.

If you are suspected of being under the influence of drugs or alcohol we may require
you to take an immediate drug or alcohol test. See Appendix H – Drug Free Workplace

Smoking: Use of tobacco or tobacco products is prohibited on School property and
during School activities.

Professional Development: Any Professional Development and Training must be
approved by the Principal before attending.

For Professional Development expenses to be approved, the following criteria must be
met: 1.) Funds must be in the School’s approved Professional Development budget 2)
Principals will track and monitor all expenditures in the Professional Development
category and ensure equity of opportunity for all staff members. See Appendix I -
Conference Request Form, which is also available on the NAS website.

Attendance and Punctuality: Regular attendance and punctuality are critical to your
success and the success of the School. Your attendance and punctuality are
considered, along with your work performance, in decisions regarding renewal and pay
raises. Absenteeism or tardiness that is excessive in the judgment of the administration
will not be tolerated.

If you are going to be absent or late, let your supervisor know as soon as possible
before the start of your shift. If your supervisor is not available, contact the
administrative office. Leaving messages with other employees or on voice mail is not
acceptable.

Unless under extreme circumstances, failure to call in when absent for three
consecutive days will be considered job abandonment and you may be subject to
discharge/termination.

Attendance at In-Service Days: In-Service days are for team building exercises and
professional development. All scheduled In-Service days are MANDATORY for
teachers. NAS-LC views in-service days as a critical aspect to a successful school
year. Only unforeseen emergencies such as the illness of a child or the teacher’s own
illness are acceptable absences. Failure to attend in-service days may result in a
teacher’s discharge/termination.


Outside Employment: It is the policy of NAS-LC to allow its employees to engage in
outside work or hold other jobs during time periods wherein the employee’s service is
not required under a contract for instruction, administration or other employment,
subject to certain restrictions as outlined below.

The School requires that employees’ activities and conduct away from their school job
not compete or conflict with or compromise its interests, or adversely affect job
performance and the ability to fulfill all responsibilities to the School. (See Conflict of
Interest below). This prohibition extends to the unauthorized use of any School tools or
equipment and the unauthorized use or application of any confidential trade information
or techniques. In addition, employees should not solicit or conduct any outside
business during paid working time at NAS-LC. No employee may, directly or indirectly,
sell or be a party to a transaction to sell goods or services to the School, or receive any
commission or profit from the sale of any goods or services to the School.
All employees, including part-time employees, must obtain prior approval from the
Principal before undertaking any outside employment or other work activity, including
self-employment. Principals and assistant principals are expected to devote all of their
working energies to the performance of their duties at NAS-LC and, therefore, may not
be eligible to accept paid outside positions.
Employees are cautioned to consider carefully the demands that additional work activity
will create before requesting permission to seek or accept outside employment.
Outside employment will not be considered an excuse for poor job performance,
absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or
different hours. If outside work activity causes or contributes to job-related problems at
NAS-LC, it must be discontinued.
Employee requests for permission to accept outside employment, including self-
employment, should be submitted in writing to the employee’s supervisor. The request
should include any pertinent information about the outside employer, the nature of the
job, the hours of employment, and potential conflicts with the primary job. The
supervisor should then forward the request to the Principal, recommending either
approval or disapproval. The Principal will then make the final decision.
In evaluating requests for outside work, supervisors and the Principal will consider
whether the proposed employment:
          (a)    May reduce the employee’s efficiency in working for the School;
          (b)    Involves working for an organization that competes with the School or
                 does business with the, such as           contractors, suppliers, and
                 customers; or
          (c)    May adversely affect NAS-LC’s image.
Employees who have accepted outside employment may not use paid discretionary
time to work on the outside job. Fraudulent use of discretionary time will result in
disciplinary action up to and including discharge/termination.
Tutoring or Advising for Pay: With the exclusion of school personnel receiving
stipends for extra- or co-curricular activities, school personnel are not permitted to
receive pay for tutoring or advising any students assigned to them for classroom
teaching or other school functions.

Participation in Political Activities: Employees seeking political office, as well as
other candidates, are prohibited from conducting campaign activities during regular
work hours on School premises. The School seeks to assist employees/public officials
in avoiding conflicts between the interests of NAS-LC and the interests of the public
official's constituents. The School and employees who hold public office will observe
compliance with laws, especially those relating to Article Nine, Section Fourteen (the
anti-donation clause) of the Constitution of the State of New Mexico.

School employees may not be members of the NAS-LC Governing Council.

Confidential Information:        Employees handling confidential information are
responsible for its security. Extreme care must be exercised to ensure that it is
safeguarded to protect the School. The New America School’s business affairs should
be discussed only on a need-to-know basis and should not be discussed with anyone
outside the School, except when and as required in the normal course of business.
Trade secrets and proprietary information are unique assets of the School.

Any copying, reproducing, or distributing of confidential information in any manner must
be authorized by the Principal and /or Superintendent. Confidential information remains
the property of the employer and must be returned to the New America School on
demand.

See the next section regarding the Confidentiality of Student Records regarding the
procedure for maintaining the confidentiality of such records.

Confidentiality of Student Records: The Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. §1232g; 34 CFR Part 99) is a Federal law that protects the privacy
of student education records. FERPA gives parents certain rights with respect to their
children’s education records. These rights transfer to the student when he or she
reaches the age of 18 or attends a school beyond the high school level. Students to
whom the rights have transferred are “eligible students.”

Parents or eligible students have the right to inspect and review the student’s education
records maintained by the school. In all cases where access to student records is
requested, except for as provided in this policy, a written request to see the files must
be made by the parent or eligible student. The Principal, upon receipt of the written
request, shall provide access to inspect and review the records and set a date and time
for such inspection and review. In no cases will the date be set more than three
working days after the request has been made.

The parent or eligible student shall examine the student’s records in the presence of the
principal and/or other person(s) designated by the Principal. Only licensed personnel
such as the assistant principal or counselor may be so designated.

The records shall not be taken from the school building.

Schools are not required to provide copies of records unless, for reasons such as great
distance, it is impossible for parents or eligible students to review the records. Schools
may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which
they believe to be inaccurate or misleading. The parent or eligible student must write to
the school principal and clearly identify the part of the record they want changed and
specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the
student. The request must be made within 10 school days of the date the records were
first examined. If the school decides not to amend the record, the principal shall notify
the parent or eligible student of the decision and advise them of their right to a hearing
regarding the request for amendment. After the hearing, if the school still decides not to
amend the record, the parent or eligible student has the right to place a statement with
the record setting forth his or her view about the contested information.

Generally, the principal must have written permission from the parent/guardian or
eligible student in order to release any information from a student’s education record.
However, FERPA allows schools to disclose those records, without consent, to the
following parties or under the following conditions (34 CFR §99.31):

   •   School officials with legitimate educational interest;
   •   Other schools to which a student is transferring;
   •   Specified officials for audit or evaluation purposes;
   •   Appropriate parties in connection with financial aid to a student;
   •   Organizations conducting certain studies for or on behalf of the school;
   •   Accrediting organizations;
   •   To comply with a judicial order or lawfully issued subpoena;
   •   Appropriate officials in cases of health and safety emergencies; and
   •   State and local authorities, within a juvenile justice system, pursuant to specific
       state law.

Schools may disclose, without consent, “directory” information such as a student’s
name, address, telephone number, date and place of birth, honors and awards, and
dates of attendance. However, schools must tell parents and eligible students about
directory information and allow parents and eligible students a reasonable amount of
time to request that the school not disclose directory information about them. It is the
general policy of NAS-LC not to disclose student telephone numbers and addresses
except for under the circumstances set forth on the bullet-point list, above.

Schools must notify parents and eligible students annually of their rights under FERPA.
The actual means of notification (special letter, inclusion in a PTA bulletin, student
handbook, or newspaper article) is left to the discretion of the school.

The Principal of the School is the official custodian of student records.

Conflicts Of Interest: Employees are prohibited from using confidential information
acquired by virtue of their associations with the School for their individual or another's
private gain. Employees are prohibited from requesting, receiving or accepting a gift or
loan for themselves or another that tends to influence them or appear to influence them
in the discharge of their duties as employees.

Employees should notify the Superintendent of New America School regarding any
possible conflicts of interest in writing.

Appearance and Conduct: Staff is expected to wear suitable attire for a high school
academic setting; the standard for ‘suitable attire’ contemplates, at minimum, business
casual attire

School Property: Employees may be issued property by the School for school
business purposes. Employees will be asked to sign an acknowledgement regarding the
property being issued. Employees will be responsible for the property while in the
employees’ possession. Specific terms and other conditions regarding the property will
be spelled out in individual agreements. Employees who fail to return issued property to
the School upon termination of employment may be responsible for the cost of
replacement and those costs will be deducted from the employees’ final paycheck.

Computer Systems: During your employment, you may have access to the School
computer systems through personal desktop and laptop computers, local and wide area
networks, while on or off the School premises. Use of the School computer resources is
restricted to School business only. Therefore, documents or files created thereon are
the property of the School. All information regarding access to the School computer
resources, such as user identifications, modem phone numbers, modem access codes,
passwords, and account codes are School confidential information and may not be
disclosed to non- School personnel.

All computer files, documents and software created or stored on the School
computer systems are subject to review and inspection at any time. In this
regard, you should not assume that any such information is confidential,
including E-mail and instant messaging. This also applies to text messaging for
those employees with cell phones provided by or paid for or paid for in part by the
School.

Computer equipment should not be removed from the School premises without written
approval from the Principal or Superintendent. Upon termination of employment, all
computer hardware must be returned to the employee’s immediate supervisor. See
Appendix J - The NAS -NM Computer Network and Internet Access Policy.

Software: Employees are responsible for maintaining the on-going integrity of the
School computer data and computer security system. Access to computer files is
restricted to job-related needs and access must be authorized by management.

The School has numerous licenses to utilize computer software. The license
agreements contain restrictions concerning the software use, duplication and federal
copyright protection.

Each employee who uses the School‘s computer resources assumes the
responsibilities listed below:

●      Software that has been authorized and purchased by the School should be
      loaded or used on any School computer.

●     Personal or loaded software may contain computer viruses which could be
      potentially damaging to the School systems and database.

●     The School or vendor software and software manuals should not be duplicated or
      reproduced in any manner. Such actions are in violation of license agreements
      the School and its employees are obligated to abide by.

●     The School software is not to be altered in any manner, including, but not limited
      to, decompiling, disassembling, and cross-compiling, reverse engineering, or
      creating derivative works.

●     Computer software or documentation should not be removed from the School
      premises without written approval from the Principal or Superintendent.

●     Upon termination of employment, all computer software and manuals should be
      returned to the employee’s immediate supervisor.
Violation of any of the above provisions will not be tolerated and may result in
discharge/termination.

Internet: Employees’ access to the Internet is limited to School business only and will
be granted based upon business needs on a case by case basis.

Communication Systems: The School utilizes systems where employees receive and
send messages through email and voicemail. Although employees are able to use
personal access codes, management maintains the ability to access any messages left
on or transmitted over the systems. Because of this fact, employees should not assume
that such messages are confidential or that access by the employer or its designated
representative will not occur. In keeping with this intention, the School communication
systems are intended solely for business use.

Telephone Calls: The NAS-LC telephone system has been provided to assist the
School in conducting its business. Excessive use of the telephone for personal calls
during working hours is unacceptable. All personal calls, including those made with a
cell phone, should be infrequent and as brief as possible. Personal long distance calls
may not be charged to the School numbers. Business phones should be used for
business. In other words, please minimize personal calls and keep them brief.

Copier, Fax & Postage Meter: The copier, fax, and postage meter are business
machines and may not be used for personal matters.

EMPLOYEE BENEFITS
Insurance: NAS-LC sponsors a comprehensive benefits program for all eligible
employees commensurate with regulations for public schools. NAS-LC periodically
reviews its benefits program and may make modifications as appropriate. NAS-LC
reserves the right to amend, add to or terminate these plans at any time. This right of
amendment/termination shall apply equally to all participants, including retirees.

Group Insurance
Eligible full-time employees have the opportunity to enroll themselves and their eligible
dependents for the New Mexico Public Schools Insurance Authority (“NMPSIA”) group
insurance coverage. Costs for group health, dental, vision and long-term disability are
shared by the School and employees who elect to enroll. The following benefits are
available, as defined and limited by our contracts with benefit providers:
• Health Care Insurance
• Dental Care Insurance
• Vision Care Insurance
• Basic Group Term Life Insurance/Voluntary Term Life/Accidental Death &
Dismemberment Insurance
• Long-term Disability

See NMPSIA Web Page for further information. www.nmpsia.com
Pre-tax Insurance Premium Plan (PIPP)
• Employees who enroll for coverage may elect to pay their health, dental and vision
premiums on a pre-tax basis through PIPP. If an employee waives participation in PIPP
when first eligible, the next opportunity to enroll is during Switch Enrollment held
annually each October for coverage effective December 1. Late enrollments are not
allowed under IRS regulations.
• Employees currently enrolled in PIPP may not drop coverage at any time other than at
Switch or Open Enrollment periods. Exception: If a family status change has occurred,
you have 60-days from the change to change your insurance and PIPP. Family status
changes include: marriage, divorce, birth or adoption of a child, the death of a
dependent (spouse or child), change in spouse’s employment (new job or loss of job),
and change in employment status (part-time from full-time, leave of absence) that
impacts your benefits eligibility.

When does eligibility commence?
The eligibility date for group insurance commences on the first day of the month
coincident with or next following date of hire. (Date of hire is the first day of regular
employment at 30 or more hours per week for which the employee is compensated.)

Initial Enrollment

1. When must initial enrollment be completed?
The employee is responsible for timely enrollment. Enrollment must be complete within
30 calendar days from the hire date. All required enrollment application forms and
supporting documentation must be completed and received in the Insurance and
Benefits Office within the 30-calendar day period. Newly-acquired dependents, including
newborn children and spouses, must be enrolled through the Insurance and Benefits
Office within 30 calendar days of becoming eligible. Enrollment is not automatic for any
newly acquired dependent. Please contact Insurance and Benefits Office within 30 days
of a dependent's initial coverage eligibility date.
2. How is enrollment completed?
Each new eligible employee receives an insurance enrollment packet containing
instructions, a description of the plans available and enrollment applications. The
employee must complete and return these forms so that they are received in the
Insurance and Benefits Office within the 30- calendar day period. To enroll eligible
dependents, verification of dependent eligibility is required: a marriage certificate for a
spouse and birth certificates for children. To enroll adopted children or children for who
the employee has legal guardianship, a copy of the adoption papers or legal
guardianship papers must be submitted at the time application for coverage is made.
Without such documentation, an application is not considered to be complete. Failure to
provide all supporting documentation during the initial eligibility period will prevent
enrollment of the affected dependent until the next following switch enrollment period.
3. When is coverage effective?
Completed applications must be received in the Insurance and Benefits Office within 30
days from the eligibility date. Coverage is effective on the first day of the month
coincident with or next following receipt of the completed applications in the Insurance
and Benefits Office. Coverage cannot be backdated to the previous month or become
effective in the month in which the application is received. Applications received after
the deadline will be refused, and the eligible employee may enroll only during an open
enrollment, or in the event of a family status change, such as the employee's marriage,
divorce, birth of a child or adoption of a child, death of spouse or dependent or change
in spouse's employment (terminated, laid off, start of a new job).
4. When does coverage end?
Coverage ends on the last day of the month in which an enrolled employee and/or
dependent ceases to work over 30 hours or ceases payment of insurance premiums.
5. What if I miss my 30-calendar day enrollment window?
Eligible employees who elect not to enroll during the initial 30-calendar day enrollment
period may enroll only during an open enrollment (not a switch enrollment), or in the
event of a family status change, such as, the employee's marriage, divorce, birth of a
child or adoption of a child, death of a spouse or dependent or change in spouse's
employment (terminated, laid off, start of a new job). Newly-acquired dependents not
enrolled within the initial 30-calendar day eligibility period may not be added to the
employee's coverage until the next switch enrollment.
6. What if I am covered under a spouse's plan?
An eligible employee who has coverage under a spouse's group insurance plan may
waive NAS-LC coverage. If the spouse loses coverage involuntarily (e.g. laid off or
carrier change), the NAS-LC employee may apply for NAS-LC coverage within 30
calendar days from the date coverage under spouse's plan ended. A HIPPA certificate
or letter from the spouse's employer on the employer's letterhead is required and must
specify which persons were covered, under which specific plans they were covered and
the date on which coverage ended. This letter and all required enrollment applications
must be received in the Insurance and Benefits Office within the 30 calendar day period.
Coverage is effective on the first day of the month coincident with or next following
receipt of completed applications and supporting documentation. If timely application is
not made to the NAS-LC administrative office, the employee may not enroll until the
next open enrollment, or in the event of a family status change, such as, the employee's
marriage, divorce, birth of a child or adoption of a child, death of a spouse of dependent
or change in spouse's employment (terminated, laid off, start of new job).

Disenrollment in Medical, Dental, and Vision Plans
• Employees enrolled in the Pre-tax Insurance Premium Plan (PIPP) for medical, dental
and vision coverage may not drop coverage at any time other than at Switch or Open
Enrollment Periods unless a family status change has occurred.
• Employees not enrolled in the Pre-tax Insurance Premium Plan (PIPP) may disenroll
at the end of any month.
• Dependent children are no longer eligible for coverage at the end of the month in
which the dependent turns 25 years of age.

Switching Enrollment
Each year, employees ALREADY ENROLLED for NAS-LC medical and/or dental
coverage may change their coverage(s) to one of the other plans offered. Participating
employees may add eligible dependents during switch enrollment, with appropriate
documentation. Switch enrollment does not pertain to employees who are not already
enrolled for NAS-LC coverage. Employees must register their switch enrollment
elections at the Employee Benefits Office, during the specified annual period
announced in September or October. Changes made during switch enrollment are
effective at the beginning of the next plan year on December 1. Eligible employees may
also enroll/disenroll for PIPP participation during the switch enrollment period. Elections
are effective the following December 1. Non-contributory Term Life Insurance and
Accidental Death & Dismemberment You are automatically enrolled for a Principal Sum
of $50,000 if you are an active Full-time employee working 30 hours or more per week.
The School pays 100% of the cost for this coverage. This insurance is payable in the
event of your death, in accordance with the policy, while you are insured.

Supplemental Life Insurance
Additional term life insurance for employees and their dependents is also available to
full-time employees, but excluding temporary employees. The cost of supplemental life
insurance is the responsibility of the employee. Coverage amounts are based on your
salary and age; please refer to NMPSIA insurance booklet. Beneficiary information is
the responsibility of the employee.

See NMPSIA Web Page for future information. www.nmpsia.com

Unemployment Compensation
Employees may be eligible for Unemployment Compensation upon termination of
employment. Eligibility for Unemployment Compensation is determined by the Division
of Unemployment Insurance of the State Department of Labor. NAS-LC pays the entire
cost of this insurance program. Unemployment Compensation is designed to provide
you with a temporary income when you are out of work through no fault of your own. For
your claim to be valid, you must have a minimum amount of earnings determined by the
State, and you must be willing and able to work. You should apply for benefits through
the local State Unemployment Office/Department of Workforce Solutions as soon as
you become unemployed.

New Mexico Retirement Plan
All employees who work more than 25% of the time (.25 FTE) are mandated by the New
Mexico Educational Retirement Act to participate in the retirement plan operated by the
Education Retirement Board in Santa Fe. Participation in the Plan begins on the first
day of the month following your date of hire. NAS-LC and the employee are required by
State law to contribute to this retirement plan. The details regarding NAS-LC and
employee contributions, vesting, administration, and investments are provided in the
Summary Plan Description, made available through the Education Retirement Board
and/or the ERB website at www.era.state.nm.us

Social Security
In accordance with the applicable federal law, all employees are required to participate
in and contribute to Social Security. The School also makes a mandatory matching
contribution on behalf of employees. Contribution levels are established by law, and are
subject to change. To obtain information about Social Security and related programs,
you may contact the local Social Security office.

Workers’ Compensation: The School carries insurance to cover the cost of a work-
related injury or illness. Benefits help pay for your medical treatment and may include
part of income you may lose while recovering. Detailed information is given to you if you
are injured on the job, or suffer an occupational illness. The Employee's Claim for
Workers' Compensation Benefits Form must be completed in all cases in which an
injury requiring medical attention has occurred; see Appendix K. Federal law requires
that we keep records of all illnesses and accidents that occur during the workday. The
New Mexico State Workers' Compensation Act also requires that you report any
workplace illness or injury, no matter how slight. If you fail to report an injury, you may
jeopardize your right to collect workers' compensation payments as well as health
benefits

SAFETY/REPORTING OF INJURY: Employees injured on the job must report the
injury to your supervisor within 24 hours of the incident. Employees will be asked
to complete a First Report of Injury Form, regardless of whether they seek medical
attention or not. Employees needing medical attention are to report all accidents in
writing, no matter how minor, to your supervisor immediately. This is necessary in order
to attempt to help you to obtain prompt medical treatment. Prompt reporting of the
accident will help us to take steps to reduce the possibility of future accidents and is
required by law. See Appendix L - First Report of Injury form.


EMPLOYEE AND STUDENT SAFETY: It is the policy of NAS-LC to comply with all
applicable federal, state, and local health and safety regulations and to provide a work
environment as free as practicable from recognized hazards. Employees are expected
to comply with all safety and health requirements, whether established by the School or
by federal, state, or local law.

Employees should report to the Principal or their supervisor all observed safety and
health violations, potentially unsafe conditions, and any accidents resulting in injuries to
students, employees or others. Supervisors may not retaliate or discriminate in any
manner against an employee because the employee has reported a health/safety issue,
has instituted a safety-related proceeding, has testified in that type of proceeding, or
has otherwise exercised any right provided by law.

Violations of New America School safety rules, regulations or procedures may result in
disciplinary action, up to and including termination.

Remaining on School Premises. Employees may enter or remain on the School’s
premises outside their normal working hours only when authorized to do so by their
supervisor. Supervisors should notify the Principal of the authorization so that an
approved list can be maintained and security can be notified.
Personal Property. Employees are expected to exercise reasonable care for their own
protection and for that of their personal property while on the School premises and while
away from the premises on business. NAS-LC assumes no responsibility for loss,
damage, or theft of personal property.

Removal of School Property. Employees who want to take School property or
equipment off School premises must have their supervisor’s written authorization and
must sign a receipt for the equipment. Removing property or equipment without
authorization will result in discipline. Employees are responsible for the proper care and
return of all School property and equipment assigned to their possession.

Visitors: All visitors must sign in at the main office when entering the building.

Parking: Employees who use the School parking lot do so at their own risk.
Employees are encouraged to lock their cars at all times when left in the parking lots.
The School assumes no responsibility for any damage to, or theft of, any vehicle or
personal property left in the vehicle while on the parking lot.

School Calendar: The School calendar shall be published on an annual basis.
Employees should consult the calendar for information regarding holidays, in-service
days, etc.

Breaks: All schools are closed for Thanksgiving, winter and spring breaks. The offices
will be closed the Wednesday before Thanksgiving, the Friday after Thanksgiving, the
weeks of winter break and one week of spring break. All full time employees will be
paid for Thanksgiving, winter and spring break.

Inclement Weather: In the event of inclement weather, the decision to close or delay
the start of school will be the decision of thePrincipal. The School will generally be
closed or delayed if the Las Cruces Public Schools are closed. If the school is open
and you do not report for work you will be charged with discretionary leave or leave
without pay if discretionary time is not available.
    The New America
    School -Las Cruces
    Student Handbook
         Appendix B




1
                          Mission and Policy Statement

New America School-Las Cruces empowers new immigrants and English Language
Learners with the educational tools and support they need to maximize their potential,
succeed, and live the American dream.

In order to achieve this vision, it is essential to provide a safe learning environment in
which students can grow and develop. NAS-LCNAS-LC must be free of abuse,
discrimination, bullying, harassment and violence of any kind.

School safety is a commitment shared by students, staff, parents, board, and community
partners.

NAS-LC has developed a school code of behavior that underscores a respect for self and
others. Student expectations are outlined and a grid of consequences for infractions has
been developed. In addition, a safe school plan has been developed for the school.
Communication to parents and students will be regular and ongoing.

NAS-LC will not tolerate:

   o violence or threat of violence of any kind

   o the possession or presence of weapons

   o the possession of, use of, or trafficking in alcohol, illegal drugs or unauthorized

          prescription drugs

   o verbal abuse or harassment*


School officials and staff respond appropriately, consistently and in a timely manner in
dealing with safe schools issues.


               Change of Residence/Emergency Information
It is the responsibility of parents, guardians, and students over 18, to inform the school of
any change of address, telephone number or emergency information. Parents must
provide a manner to receive both written (U.S. Mail) and oral communication (telephone,
cell) regarding their student. For the protection of the student’s health and welfare, and to
facilitate immediate communication with the parent/legal guardian or caregiver, NAS-LC

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requires the parent/legal guardian to provide current emergency information to the
school. Every parent/legal guardian must complete the emergency information form for
each student at the time of enrollment. Emergency information should include, but is not
limited to the following:
        • Home address and current telephone, including cell phone
        • Employment/business addresses and phone numbers
        • Relative/Friend’s name, address, and telephone numbers authorized to pick up
        and care for the student in an emergency situation, if the parent/legal guardian
        cannot be reached. Parents of students with disabilities should also have the name
        of any other designated adult who can receive their child in case of an emergency.
        Students will not be released to anyone not listed on the emergency card unless
        the parent/legal guardian has provided written authorization on a case by case
        basis. Parents are required to update this information at as soon as it is changed.
        The school will not be responsible for any failure to update contact information.


                                 Code of Conduct

Student Expectations/ Student Behavior
It is the intent of the faculty and administration of NAS-LC to promote a sense of security
and community among students, parents, teachers and staff of the school. It is also our
goal to develop social, civic, and leadership skills in all students and to foster an
appropriate educational environment in which all members of our community are treated
with respect. Behaviors which are disruptive and/or disrespectful toward students,
faculty, staff, administration, and property will not be tolerated. Students are expected to
treat others and themselves with respect.


                                Academic Honesty
The success of our academic community demands honesty, which serves as the basis of
respect towards both ideas and persons. Academic honesty requires the production and
submission of one’s own work. In contrast, academic dishonesty is an act of deception by
which a student misrepresents that he/she has produced or mastered the information on an
academic exercise or assignment that, in reality, has not been produced or mastered by
that student. The integrity of our school community depends on each student accepting
responsibility for his/her conduct in both social and academic endeavors.

Academic honesty further prohibits any form of cheating. Cheating is defined as
copying or presenting another’s words or ideas than one’s own, and includes the
following:

Copying –Obtaining information by looking at the answers on another student’s
assessment or any graded assignment; verbally sharing the answers of an assessment with
members of another class; or by allowing other students to copy or use one’s work or
doing another student’s work for them.


      3
Cribbing –Taking prohibited materials into an assessment (such as books, notes,
electronic devices).

Plagiarism –The submission of work purported to be one’s own, but in which has
borrowed/copied ideas, organizations, or anything else from some other source without
appropriate acknowledgement of the fact.

Substitution –Taking an assessment or completing an assignment for someone else, or
inducing/coercing another person to perform such an act.

Theft –The stealing of an assessment, notes, answers etc.

Students committing any act of academic dishonesty are subject to the following
consequences:

    First Offense: The student shall receive a “0” for the work in question. The parents
    will be informed of the incident in writing.
    Second Offense: The student shall receive a“0” on the work in question. The student
    shall be suspended for a period of time determined by the Principal, up to ten (10)
    days. The parents will be called to school for a meeting with the Principal and others
    involved in the situation. The student may also be placed on a behavioral contract at
    this time.
    Third Offense: The student faces the possibility of long-term suspension or
    expulsion.



                    Anti-Bullying and Harassment Policy
NAS-LC is committed to maintaining an environment conducive to learning in which students are
safe from violence, threats, name-calling, intimidation, and unlawful harassment. The school will
not tolerate bullying or any behavior that infringes on the safety or well-being of students,
employees, or any other persons within the school’s jurisdiction, and will not tolerate retaliation
in any form when bullying or harassment has been reported. This includes bullying or any
behavior while in school, at school related events, and traveling to and from school.

A. Definitions

    1. “Harassment” means knowingly pursuing a pattern of conduct that is intended to annoy,
alarm or terrorize another person, and can include but is not limited to verbal or physical conduct
based on a student’s actual or perceived race, color, national origin, gender, religion, disability,
age or sexual orientation and which has the purpose or effect of substantially interfering with a
student’s educational performance or creating an intimidating, hostile or offensive
environment. Sexual harassment of students and hazing are further addressed below.

   2. “Bullying” means any repeated and pervasive written, verbal or electronic expression,
physical act  or gesture. Bullying is an aggressive behavior that involves an imbalance of real


      4
or perceived     physical or psychological power among those involved. Typically, the behavior
is repeated over time and includes the use of hurtful words and/or acts.

          Bullying behaviors may include, but are not necessarily limited to, the following:
          • Verbal: Hurtful name-calling, teasing, gossiping, making threats, making rude noises,
              or spreading hurtful rumors.
          • Nonverbal: Posturing, making gang signs, leering, staring, stalking, destroying
              property, using graffiti or graphic images, or exhibiting inappropriate and/or
              threatening gestures or actions.
          • Physical: Hitting, punching, pushing, shoving, poking, kicking, tripping, strangling,
              hair pulling, fighting, beating, biting, spitting, or destroying property.
          • Emotional (Psychological): Rejecting, terrorizing, extorting, defaming, intimidating,
              humiliating, blackmailing, manipulating friendships, isolating, ostracizing, using peer
              pressure, or rating or ranking personal characteristics.
          • Cyber bullying: Sending insulting or threatening messages by phone, e-mail, web
              sites or any other electronic or written communication.

B. Prohibitions

    1. NAS-LC prohibits violence, threats, name-calling, bullying, harassment, intimidation,
       assault, battery, extortion, robbery, vandalism, and other victim-based misconduct that
       creates an intimidating, hostile or offensive environment, regardless of motive or
       reason. The Governing Council and Principal will not tolerate such victim-based
       misconduct by students or staff.

    2. No person shall be subject to reprisals for good faith reporting, or participating in the
       investigation, of a potential violation of this policy.

    3. No employee or student may knowingly give false reports or information under this
       policy.

C. Reporting

    1. Students who are victims of or witnesses to such physical or verbal misconduct are
       encouraged to report such claims. Students or their parents may report such conduct to
       the Principal, the school’s counselor or any teacher if a representative of the
       administration is not available.

    2. Any person (student, staff, or faculty) who, as a result of personal observation or a report,
       has reason to believe that a student is a victim of bullying, harassment or other conduct
       prohibited by this policy, whether the conduct is by another student or by an employee,
       shall immediately notify the Principal.

D. Investigation

    1. Any staff member who receives complaints of conduct which violates this policy shall
    report the complaints to the Principal.

      5
    2. All reports of misconduct in violation of this policy shall be promptly investigated by the
       Principal or his/her designee.

    3 In assessing the existence of a violation of this policy and the appropriate discipline, the
    Principal or designee shall consider the nature and extent of the conduct, the age of the
    student(s) involved, the context in which the alleged conduct occurred, and any prior history
    of conduct prohibited by this policy on the part of the violator.

    4. If crimes/delinquent acts are suspected or discovered, the Principal shall notify law
    enforcement authorities.

    5.        Retaliation against someone who reports bullying/harassment or who cooperates with an
             investigation is prohibited.

E. Confidentiality      The identities of those reporting violations of this policy and those
cooperating in the investigation of alleged violations shall be kept confidential to the extent
consistent with the requirements of a full and fair investigation, the due process rights of persons
charged with violations, and state and federal law.

F. Sanctions

    1. Any employee who is found to have engaged in conduct prohibited by this policy shall be
    subject to sanctions including, but not limited to, warning or reprimand, suspension,
    termination, or discharge, subject to any applicable procedural requirements.

    2. Any student who is found to have engaged in conduct prohibited by this policy shall be
       subject to discipline, including but not limited to suspension or expulsion, subject to
       applicable procedural requirements and to any applicable limitations imposed by state
       and federal disabilities laws.

    3. Knowingly making false reports shall also be regarded as a serious offense and will result
       in disciplinary action or other appropriate sanctions

                                              Hazing
“Hazing” is dangerous to the physical and psychological welfare of students and is prohibited.

A. Definition: Hazing includes, but is not limited to:

Engaging in offensive or dangerous physical contact, restraint, abduction, isolation, or subjecting
a student to any dangerous, painful, offensive or demeaning conduct, or conduct likely to
terrorize or create extreme mental distress, for any purpose, including as a condition of
membership or initiation into any class team, group, or organization, sponsored by, or permitted
to operate under the auspices of, the school.



         6
B. Prohibition: Hazing is prohibited whether on or off school property, and whether during or
outside school hours.

C. Enforcement and Reporting

   1. School officials, employees, and volunteers
           •    Shall not permit or tolerate hazing, and
           •    Shall intervene to stop hazing that is threatened, found, or is reasonably known or
                suspected to be occurring, and
           •    Shall report known or suspected hazing to the Principal.

   2. Any student who believes he or she or another person has been the victim of
   hazing shall report the matter to the Principal.

D. Investigation

   1. All reports of hazing shall be investigated by the Principal or his/her designee. Where
      violations of law may have occurred the Principal shall notify the appropriate law
      enforcement agency.

   2. Upon completion of the investigation, the Principal shall prepare a written report on the
      investigation and its results.

   3. Retaliation against someone who reports hazing or who cooperates with an investigation
      is prohibited.

E. Discipline

   1. Students found to have engaged in hazing shall be subject to discipline by school
      authorities according to applicable procedural requirements. Such discipline may include
      suspension or expulsion

   2. Employees who fail to enforce the prohibition against hazing shall be subject to
      discipline according to applicable procedural requirements. Such discipline may include
      reprimand, suspension, discharge, or termination.

                                 Sexual Harassment
   A. Definitions: Sexual Harassment is inappropriate or unwelcome conduct of sexual nature.
   Conduct of a sexual nature may include, but is not limited to:
               • Verbal or physical sexual advances, including subtle pressure for sexual
                   activity;
               • Repeated or persistent requests for dates, meetings and other social
                   interactions;



      7
               •   Repeated or persistent use of obscene, profane or words having sexual
                   connotations after beings asked to stop such conduct including but without
                   limitation, writing or drawing graffiti on school property containing sexual
                   content;
               •   Sexually oriented touching, pinching, patting, staring, pulling at clothing, or
                   intentionally brushing against another;
               •   Taking, showing or giving sexual pictures, photographs, illustrations,
                   messages, or notes, this includes but is not limited to “sexting” (the act of
                   sending a nude or sexually suggestive photo or video of oneself or an explicit
                   text message to another person’s cell phone);
               •   Comments or name calling to, or about a student regarding alleged physical
                   or personal characteristics of a sexual nature;
               •   Sexually oriented kidding, teasing, double-entendres, and jokes and
               •   Any harassing conduct to which a student is subjected because of or
                   regarding the student’s sex.

    B. Reporting: Students who feel they have been sexually harassed by a school
employee or by another student or students should report such claims.

           1. Reporting Sexual Harassment by a School Employee:
               • Any student who believes he/she has been subjected to sexual harassment/
                  conduct of a sexual nature by a school employee should tell a counselor or
                  principal.
               • If a student who believes he/she has been sexually harassed by a school
                  employee feels uncertain about who to tell, or feels uncomfortable telling any
                  counselor or principal, the student should tell his/her parent(s) about the
                  problem and ask for the parent(s) help in reporting the sexual harassment to
                  appropriate school personnel.
               • If a student believes he/she has been sexually harassed by a counselor or a
                  principal, or by any other administrator, the student should report the conduct
                  to the Governing Council or seek the assistance of his/her parent(s) in
                  reporting such harassment to the Governing Council.

           2. Reporting Sexual Harassment by a Student or Students:
                   •   Any student who believes he/she has been subjected to sexual
                       harassment/conduct of a sexual nature by another student or other
                       students should report the conduct to a teacher, counselor, or principal.
                   •   If a student believes he/she has been sexually harassed by another
                       student or students, and feels uncertain about who to tell, or feels
                       uncomfortable telling any counselor or principal, the student should tell
                       his/her parent(s) about the problem and ask for the parent(s) help in
                       reporting the sexual harassment to appropriate school personnel.



     8
       C. Investigation -All reports of sexual harassment of students will be appropriately and
promptly investigated by the Principal or his/her designee. In determining whether alleged
conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct
and the context in which the alleged conduct occurred will be investigated. Retaliation against
anyone who reports harassment or cooperates with an investigation is prohibited.

         D. Sanctions -Any student found to have engaged in sexual harassment shall be subject
to discipline, including but not limited to, suspension or expulsion. If crimes/delinquent acts are
suspected or discovered, the Principal shall notify law enforcement authorities.



                  Student Drug and Alcohol Abuse Policy
A. DEFINITIONS.
   1. Alcohol-Any liquor, wine, beer or other beverages containing alcohol.
   2. Drug-Any drug including illegal drugs, marijuana, inhalants, legal prescription and over-
      the-counter drugs used for unauthorized purposes and counterfeit (look-alike) substances.
   3. Drug paraphernalia, equipment or apparatus-Any item designed for or used for the
      purpose of measuring, packing, distributing or facilitating the use of drugs.

B. USE PROHIBITED. It is a violation of the school’s drug and alcohol policy to possess, sell or
use or be under the influence of alcohol or drugs (except as medically prescribed), or to possess
drug paraphernalia, equipment or apparatus on school property or while involved in school
activities on or off campus.

C. CONSEQUENCES. A violation of this drug abuse and/or alcohol policy will result in
immediate suspension from school for up to ten (10) days with possible recommendation for
long-term suspension. The administration may also notify the local law enforcement authorities
when a violation of this drug and alcohol policy has occurred.



                                 Tobacco-Free Policy
The New America School—Las Cruces campus is smoke-free and tobacco-free in
accordance with state law. No individuals (staff, students, parents, visitors) are allowed to
smoke or use tobacco or tobacco-related products on school grounds. This includes all
outside areas and the parking lot (including inside cars in the NAS--NM parking lot).
Tobacco use by students is similarly prohibited at school functions off-campus.

New America School- Las Cruces recognizes that the use of tobacco products is a health,
safety, and environmental hazard for students, staff, visitors, and school facilities. The
Governing Council (GC) believes that the use of tobacco products on school grounds, in
school buildings and facilities, on school property or at school-related or school-
sponsored events is detrimental to the health and safety of students, staff and visitors. The

      9
GC acknowledges that adult employees and visitors serve as role models for students.
The GC recognizes that it has an obligation to promote positive role models in schools
and promote a healthy learning and working environment, free from unwanted smoke and
tobacco use for the students, employees, and visitors on the school campus. Finally, the
GC recognizes that it has a legal authority and obligation pursuant to 6.12.4 NMAC, as
well as the federal Pro-Children's Act, Title X of Public Law 103-227 and the No Child
Left Behind Act.

Tobacco Use Prohibited

No student, staff member or school visitor is permitted to use any tobacco product at any
time, including non-school hours:

   •        in any building, facility, or vehicle owned, leased, rented or chartered by the
            NAS-LC
   •        on any school grounds and property – including athletic fields and parking lots –
            owned leased, rented or chartered by NAS-LC; or
   •        at any school-sponsored or school-related event on-campus or off-campus.

In addition, school staff, school volunteers, contractors or other persons performing
services on behalf of the school district also are prohibited from using tobacco products at
any time while on duty and in the presence of students, either on or off school grounds.

Further, no student is permitted to possess a tobacco product while in any school
building, while on school grounds or property or at any school-sponsored or school –
related event or at any other time that students are under the authority of school
personnel.

Tobacco products may be included in instructional or research activities in school
buildings if the activity is conducted or supervised by the faculty member overseeing the
instruction or research and the activity does not include smoking, chewing, or otherwise
ingesting the tobacco product.

Definition of Tobacco Products and Tobacco Use

For the purposes of this policy, “tobacco product” is defined to include cigarettes, cigars,
blunts, bidis, pipes, chewing tobacco, snuff, and any other items containing or reasonably
resembling tobacco or tobacco products. “Tobacco use” includes smoking, chewing,
dipping, or any other use of tobacco products.

Signage

Signs will be posted in a manner and location that adequately notify students, staff and
visitors of the 100 percent tobacco-free schools policy.




       10
Enforcement for Students

Consequences for students engaging in the prohibited behavior will be provided in
accordance with the school’s student behavior management plan. Students who violate
the school’s tobacco use policy will be referred to the guidance counselor, a school nurse,
or other health or counseling professionals for health information, counseling and
referral. Parents/guardians will be notified of all violations and actions taken by the
school. Schools may also use community service as part of the consequences.
Suspension will only be used after a student has three or more prior violations or refused
to participate in other outlined measures.

Enforcement for Staff and Visitors

Consequences for staff that violate the tobacco use policy will be in accordance with
personnel policies and may include verbal warning, written reprimand, or termination.
Visitors using tobacco products will be asked to refrain while on school property or leave
the premises. Law enforcement officers may be contacted to escort the person off the
premises or cite the person for trespassing if the person refuses to leave the school
property.

Opportunities for Cessation

The administration will consult with the county health department and other appropriate
health organizations to provide students and staff with information and access to support
systems, programs and services to encourage them to abstain from the use of tobacco
products.

Prevention Education

The administration will consult with appropriate health organizations to identify and
provide programs or opportunities for students to gain a greater understanding of the
health hazards of tobacco use and the impact of tobacco use as it relates to providing a
safe, orderly, clean and inviting school environment.

Procedures for Implementation

The administration will develop a plan for communicating the policy that may include
information in student and staff handbooks, announcements at school-sponsored or
school-related events, and appropriate signage in buildings and around campus. An
enforcement protocol, which identifies consequences for students, staff and visitors who
violate the policy, will be created and communicated to all students, staff and parents.

Effective date: September 1, 2009
To be reviewed: Annually
Approved by the Governing Council on
Date: February 11, 2009
Legal Reference: 6.12.4 NMAC

    11
                             Other Prohibited Conduct
Any student who engages in conduct that is in conflict with school policies or directives,
who engages in behavior which disrupts or has the potential to disrupt the educational
process, who engages in conduct prohibited by law or regulation, who refuses to
cooperate with school personnel, and/or who engages in conduct which endangers or
reasonably threatens to endanger the health and safety of students, school personnel, or
others for whose safety the school is responsible, will be subject to disciplinary action.

Any student found to have committed any of the acts below will be subject to a full
investigation and, if applicable, all appropriate disciplinary actions, which may include
detention, suspension, expulsion, and/or referral to law enforcement. The following acts
are not permitted:

1.       WEAPON POSSESSION. "Weapon” means: (1) any firearm that is designed
     to, may readily be converted to or will expel a projectile by the action of an
     explosion; and (2) any destructive device that is an explosive or incendiary device,
     bomb, grenade, rocket having a propellant charge of more than four ounces, missile
     having an explosive or incendiary charge of more than one-quarter-ounce, mine or
     similar device.
2.   ASSAULT OR THREAT OF ASSAULT AGAINST TEACHERS, EMPLOYEES
     OR OTHER STUDENTS. A threatened assault is any willful attempt or threat to
     inflict injury, coupled with an apparent present ability to do so, such as would give
     the victim reason to fear or expect bodily harm. A physical assault is the willful use
     of actual force or physical violence against a teacher, school employee or other
     student.
3.   EXTORTION. Using intimidation or the threat of violence to obtain money,
     information, or anything else of value from another person.
4.   GRAFFITI. Gang, drug, weapon symbols or vulgar pictures in writing or other
     markings in student possession including notebooks, clothing, lockers and other items
     can result in disciplinary action. If school property such as desks or books is defaced,
     students should notify their teachers immediately.
5.   VANDALISM AND PROPERTY DAMAGE. STUDENTS WHO DESTROY OR
     VANDALIZE SCHOOL PROPERTY WILL BE REQUIRED TO PAY FOR
     LOSSES OR DAMAGES (THIS INCLUDES PERSONAL PROPERTY OF
     OTHERS). Parent(s)/guardian(s) will be held responsible for losses. In addition,
     students who willfully destroy school property or other property during a school
     related activity will be subjected to disciplinary action. If something is damaged by
     accident, it should be reported to a teacher or the office immediately.



      12
6. THEFT. Students will respect the property rights of others. Those students who take
    property belonging to others without owner’s permission are subject to disciplinary
    action. The property will be returned and/or monetary restitution will be made.
7. FIGHTING. Students who are involved in fighting on school grounds, on the bus, or
    at school activities may be suspended from school immediately. Students who
    instigate or promote the start or continuation of a fight by spreading rumors, carrying
    messages, crowding around, cheering, or other means are also subject to disciplinary
    action.
9. 8. CHEATING OR PLAGIARISM. See Academic Honesty, above. GANG
    ACTIVITY
10. REFUSAL TO COOPERATE WITH SCHOOL PERSONNEL
11. REFUSAL TO COOPERATE WITH EMERGENCY PROCEDURES
12. GIVING SCHOOL PERSONNEL FALSE INFORMATION
13. ALTERING SCHOOL DOCUMENTS OR PROVIDING A FALSE SIGNATURE
    ON DOCUMENTS
14. REFUSAL TO ADHERE TO THE DRESS CODE
15. REFUSAL TO IDENTIFY ONESELF OR FALSELY IDENTIFYING ONESELF
16. FAILURE TO CARRY A SCHOOL ISSUED IDENTIFICATION CARD
17. ACADEMIC DISHONESTY
18. OBSCENITY, PROFANITY, LIBEL, SLANDER, AND “FIGHTING” WORDS OR
    SYMBOLS
19. BULLYING, HAZING, HARASSMENT, SEXUAL HARASSMENT
20. INTERFERING WITH THE EDUCATIONAL PROCESS
21. TRUANCY, TARDINESS
22. VIOLATION(S) OF SCHOOL POLICY


B. ZERO TOLERANCE: The following prohibited acts are considered “Zero Tolerance”
and WILL result in an out-of-school suspension.

           1. Verbal or physical abuse of staff
           2. Fighting, assault, and/or battery
           3. Possession of alcohol and/or drugs
           4. Possession of weapons or any item or device that may be used as a
              weapon
           5. Threats and other acts of violence
           6. Initiations or hazing
           7. Promoting, initiating, or encouraging behavior in others that may result in
              physical, emotional, or social harm.




    13
C. GUN FREE SCHOOL. Any student who is determined to have knowingly has
possession of a weapon while on school premises or at a school sponsored activity shall
be subject to expulsion from school for a period of not less than one year. “Possession”
includes, but is not limited to, storage in lockers, purses, backpacks, automobiles. The
Governing Council or Principal may modify the expulsion requirement on a case-by-case
basis; the special rule provisions set forth below apply to students with disabilities.

D. GANG ACTIVITIES PROHIBITED. NAS-LC recognizes that a school must create
and maintain a safe and orderly environment in which learning can take place. The
presence of gangs, gang affiliations and gang related activities within a school disrupts
that learning environment by threatening the safety of students, staff and parents in the
school building and causing a disruption to and interference with the academic process.
NAS-LC hereby bars all gangs, gang affiliations and gang related activities from school
buildings, school related activities and school property at all times.

         A “Gang” is defined as: “A formal or informal ongoing organization, association
         or group of three or more individuals or persons who:
              1. Have a common name or common identifying signs, colors or symbols;
              2. Have a common interest and/or activity characterized by the commission
                 of or involvement in, a pattern of criminal or delinquent conduct;
              3. Are generally perceived by others or themselves as being a denotable
                 group, association or organization.
              4. No gang insignia may be worn, possessed, used, distributed, displayed,
                 carried or sold by any student on school grounds or at school related
                 activities at any time. This includes, but is not limited to: literature,
                 photographs, hats, caps, jackets, headbands, shirts or other clothing that
                 have come to be identified with a gang.
              5. Tattoos or other material imprinted on the body which are either intended
                 to be permanent or are easily removed will not be allowed to be displayed
                 by any student on school grounds or at school related activities at any
                 time.
              6. Medallions or other jewelry which identify gang members or gang
                 affiliation or which have come to represent a gang may not be worn,
                 possessed, used, distributed, displayed, carried or sold by any student on
                 school grounds or a school related activities at any time.
              7. Students are not permitted to send gang signs either through their body
                 language or in the manner in which they wear their clothing.
              8. Gangs are not permitted to meet or congregate on school premises or at
                 school related activities at any time. Such meeting or congregation is
                 contrary to, disrupts and interferes with the purpose of an educational
                 institution and will be considered trespassing. Trespassers will be
                 prosecuted to the fullest extent of the law.
              9. Activities including recruitment, initiations, hazing, intimidation,
                 retaliation and/or related activities which could potentially cause bodily
                 danger, physical harm, personal degradation or disgrace and result in


    14
                physical or mental harm to students will not be allowed on school
                grounds or at school related activities at any time.
             10.Any other attributes that lead school officials to reasonably believe that
                such behavior, apparel, activities, acts or other attributes are association
                related and would disrupt or interfere with the school environment or
                activity and/or education objectives will not be allowed on school
                grounds or at school related activities at any time. All employees have the
                responsibility to report to their immediate supervisor any suspected gang
                related activities. Furthermore, the reporting employee shall be without
                fear of reprisal from the administrator as a result of such reporting. If an
                administrator verifies a student’s involvement in gang activity, the parent
                or guardian will be informed and referred to an appropriate social service
                agency, or other community resource. A record of all known gang activity
                on school grounds or at school related activities will be compiled and held
                by school personnel. This record will contain the names of all those
                involved in known gang activity. These records will be maintained by the
                administrator as confidential behavioral records pursuant to FERPA and
                state law and shall only be disclosed as authorized by law. Nothing in this
                policy prevents school personnel from contacting appropriate law
                enforcement officials to investigate a violation of or enforce any local,
                state, or federal law on school grounds or at district sponsored activities.

         Consequences for gang related activities: Students violating this policy shall be
         subject to appropriate disciplinary action, including suspension and/or
         recommendation for expulsion.


Discipline
The school will impose discipline in accordance with state regulations. The school will
make a good faith effort to notify the parents or legal guardian of the student in any
circumstances where the school's disciplinary response will exceed administrator/student
contact.




     Offenses resulting in Discretionary Suspension by the Principal and may
     result in the notification of law enforcement. Consequences may include in-
     school suspension, after school detention, or out of school suspension.




    15
   •    Persistent truancy
   •    Persistent tardiness
   •    Persistent opposition to authority
   •    Willful destruction/vandalism of property
   •    Habitual use of profanity
   •    Use of tobacco products on school grounds
   •    Theft of school or student property
   •    Bullying/intimidation/threats
   •    Extortion
   •    Sexual/racial harassment
   •    Possession/distribution of hate and/or pornographic material
   •    Inappropriate use of electronic devices/media
   •    Possession/misuse of harmful substances
   •    Habitual dress code violations (3 or more)
   •    Other offenses deemed serious by school administration

  Offenses resulting in Mandatory Suspension and notification of law
  enforcement.
  • Threats of serious harm to another person or self
  • Possession of alcohol and/or illegal drugs
  • Being under the influence of drugs/alcohol
  • Major acts of vandalism/property destruction
  • Aiding/Inciting harmful behavior (instigating a fight)
  • Physical Assault/Fighting
  Offenses resulting in Expulsion Proceedings and notification of law enforcement.
  • Verbal or non-verbal intimidation or threats to any staff member.
  • Physical assault and/or aggression toward any staff member.
  • Fighting/Physical assault that causes bodily harm requiring medical treatment
  • Sexual assault
  • Trafficking in weapons or illegal drugs
  • Giving/selling alcohol/drugs to another student


Offenses resulting in Mandatory Expulsion for Not Less than One Year, and
automatic notification of law enforcement

   •    Possession of a firearm, explosive device or any type of weapon/Violation of
        the Gun Free Schools Act/Policy
   •    Using any weapon to threaten or cause bodily harm to another person




   16
                          Consequences for Unacceptable Behavior

The school is a community, and the rules and regulations of a school are the laws of that
community. The right to a public education is not absolute; it may be taken away,
temporarily or permanently, for violation of school rules.
   • Minimum mandatory consequences have been established and must be expected
       for any violation.
   • The School will make a good faith effort to notify the parents or legal guardian of
       the student in any circumstances where the school’s disciplinary response will
       exceed administer/student contact.
   • Administrative response to unacceptable behavior may vary, depending upon
       which administrator handles an infraction; however, every effort shall be made to
       respond consistently and appropriately to each infraction.
   • Administrators may impose consequences beyond those identified as
       “minimum mandatory”, below.

              Chart of Unacceptable Behaviors and Minimum Mandatory Consequences
              Incidents of misbehavior which
                                                Contact
                                                Student




                                                                                                                                                                    Extracurricular
                                                                                Admin student
                                                                                parent contact




                                                                                                                                                                    Suspension of
                                                Administrative




                  do not reach the level of
                                                                 Admin parent




                                                                                                                                                     Legal Action
                                                                                                              Suspension
                                                                                                 suspension




                                                                                                                                                     Referral for
                                                                                                              Long Term



                                                                                                                                       Restitution
                                                                                                 Short term




                                                                                                                           Expulsion
                administrative attention will
                                                                   contact




                                                                                                                                                                                      Other
                                                                                                                                         Seek
               continue to be resolved by the
                 classroom teacher or staff
                          member
Occurrence Behavior Violation                                                          Minimum Mandatory Consequence
Any offense   Arson I Less than $200                                   x              x                                                      x
              damage
Any offense   Arson II $200-$999 damage                                x                                          x                          x             x
Any offense   Arson III $1000 damage or                                x                                                   x                 x             x                x
              more
1st offense   Assault/Bullying                         x
2nd offense                                                           x
1st offense   Assault, Aggravated                                     x                              x                                                     x
2nd offense                                                           x                                           x                                        x                x
Any offense   Battery/Fighting                                        x                              x
Any offense   Bomb Threats/False Alarms                               x                                           x                                        x                x
Any offense   Bus Disruption (field trips)             x              x
Any offense   Drug Possession/Paraphernalia                           x                                           x                                        x                x
Any offense   Drug Sale or Distribution                               x                                           x                                        x                x
Any offense   Drug Use or Under the                                   x                              x                                                     x                x
              Influence
1st offense   Defiance of School                                      x
              Personnel/Authorities
2nd offense                                                           x                             x
1st offense   Extortion                                               x               x             x                                        x
2nd offense                                                           x               x                           X                          x
Any offense   False Accusations                                       x
Any offense   Firearm Possession                                      x                                                    x                               x
Any offense   Gang Related Activity                                   x                             x
1st offense   General Disruptive Conduct               x
2nd offense                                                            x                            x
1st offense   Language, Profane, and/or                x
              Abusive
2nd offense                                                            x
1st offense   Materials, Obscene                       x               x
2nd offense                                                            x                            x
1st offense   Robbery                                  x                              x             x                                        x             x
2nd offense                                                            x                                          x                          x             x
1st offense   Harassment, threats                                      x

        17
2nd offense                                                          x
1st offense        Theft                                 x   x   x           x
2nd offense                                                          x
1st offense        Tobacco Possession or Use       x                                       x
2nd offense                                              x                                 x
Any offense        Trespassing/Unauthorized              x
                   Presence
Any offense        Vandalism I less than $200            x   x               x
                   damage
Any offense        Vandalism II $200-$999                    x       x       x
                   damage
Any offense        Vandalism III $1000 damage or             x           x   x   x    x
                   more
1st offense        Weapon Possession                         x   x               x
2nd offense                                                  x       x           x    x
Any offense        Weapon Use                                x       x           x    x


                                                       Due Process
                           . PROCESS FOR SUSPENSION AND EXPULSION

A. Short-Term Suspension. A student facing in-school or out-of-school suspension for
   fewer than ten (10) days is not entitled to a formal hearing, but is entitled to notice
   and an opportunity to be heard as follows:

              1.    Before the student is placed on short-term suspension, the student shall meet
                    with the Principal or designee and shall be informed of the charges against
                    him or her and, if (s) he denies them, shall be told what evidence supports the
                    charge(s). The student shall be given an opportunity to present his or her
                    version of the facts and refute the charges in that meeting. The administrative
                    authority is not required to divulge the identity of informants, although (s) he
                    should not withhold such information without good cause. The Principal or
                    designee shall disclose the substance of all evidence on which (s) he proposes
                    to base a decision in the matter. The meeting may be an informal discussion
                    and may follow immediately after the notice of charges is given.


              2.    If the student denies the charge(s), the Principal or designee may delay the
                    suspension in order to conduct further investigation, but is not required to.
                    The discussion with the student may take place and a temporary suspension
                    may be imposed within minutes after the alleged misconduct has occurred.


              3.    The school shall make reasonable efforts to inform the student’s parent or
                    guardian of the charges against the student and the possible or actual
                    consequence as soon as practicable. If the school has not communicated with
                    the parent/guardian by telephone or in person by the end of the first full day
                    of suspension, the school shall on that day mail a written notice with the
                    required information to the parent/guardian’s address of record.



       18
         4.   In-school suspensions of any length shall be accomplished in the same
              manner as short-term suspensions, provided that in-school suspensions
              exceeding one semester may be appealed to the Governing Council pursuant
              to the process described in the Long-Term Suspension section below. Any
              student placed in an in-school suspension which exceeds ten (10) school days
              must be provided with an instructional program that meets both state and
              local educational requirements.


         5.   Where prompt action to suspend a student long-term is deemed appropriate, a
              short-term suspension may be imposed while the procedures for long-term
              suspension or expulsion are activated. However, where a decision following
              the required formal long-term suspension hearing is delayed beyond the end
              of the short-term suspension, the student must be returned to school pending
              the final outcome unless waived by the parent/guardian.


         6.   Decisions to impose a short-term suspension may be appealed to the
              Governing Council by the student and/or his/her parent, pursuant to the
              school’s Level II Complaint process described in the school’s Complaint
              policy.


B. Long-Term Suspension or Expulsion: A student recommended for long-term
   suspension (more than ten (10) days) suspension shall be scheduled by the school for
   a hearing before a third-party Hearing Officer designated by the Governing Council.
   The Hearing Officer hears the matter and makes binding factual findings, and, if
   appropriate, recommends sanctions to the Principal. The Principal may accept or
   reject any sanction recommended by the Hearing Officer.

         1. Waiver of Formal Hearing: A student may waive his or her right to a long-
            term suspension hearing, or the parent/guardian may choose to waive the
            student’s right to a hearing before the Hearing Officer, and comply voluntarily
            with the proposed penalty, or they may waive the hearing and review and
            negotiate a mutually acceptable penalty with the Principal. Such a waiver and
            compliance agreement shall be made voluntarily, with knowledge of the rights
            being relinquished, and shall be in writing signed by the student, the
            parent/guardian and the Principal.

              Expulsion hearings are required and cannot be waived.

         2.   Hearing Officer and Transcript:
              a. The Hearing Officer is the person designated by the school Governing
              Council to hear recommendations for long-term suspensions and expulsions.
              No person shall act as Hearing Officer or reviewing authority in cases where

    19
          he/she was directly involved or witnessed the incident(s) in question, or if
          he/she has prejudged disputed facts or is biased for or against any person who
          will actively participate in the hearing.
          b. A tape recording or transcript of the proceedings before the Hearing
          Officer shall be recorded and kept at the school for a period of one year, after
          which the recording/transcript will be destroyed, except in cases of expulsion
          where records are kept for longer periods.

     3.   Hearing Officer Procedure.

          a. Notice. School authorities shall prepare and serve the student and his/her
          parents or legal guardian with a written notice of the long-term suspension or
          expulsion, and the date, time, and place of the hearing thereon, hand-
          delivered or by certified mail, return receipt requested. The notice shall
          contain notice of the school rule(s) alleged to have been violated, a concise
          statement of the alleged acts of the student, a statement of the possible
          penalty, the date/time/place of the hearing, a statement that both student and
          parent are entitled and/or urged to be present, a clear statement that the
          hearing will take place as scheduled unless the Hearing Officer grants a
          delay, a clear and conspicuous warning that a failure to appear will not delay
          the hearing and may lead to the imposition of the proposed penalty by
          default, a statement that the student has the right to be represented at the
          hearing by legal counsel, a parent or some other representative designated in
          a written notice filed at least 72 hours before the hearing, a description of the
          procedures governing the hearing, the name/business address/telephone
          number of a contact person through whom the student/parent/representative
          may request a delay or seek further information, and any other
          information/materials/instruction deemed appropriate by the administrative
          authority preparing the notice. The school shall provide copies of documents
          supporting its actions and a list of its witnesses to the student and his/her
          parents/legal guardians at least two (2) working days in advance of the
          hearing.

          b. Scheduling. The hearing shall be scheduled no sooner than five (5) days
                and no later than ten (10) school days from the date of receipt of notice
                by the parents or legal guardians. The Hearing Officer shall have
                discretion to grant or deny a request by the student or the school to
                postpone the hearing for valid reasons given.

          c. Burden of Proof.
                • The hearing is an administrative hearing, not a trial, and formal
                   rules of evidence shall not govern the conduct of the hearing.
                • The burden of proof of misconduct is on the school authorities.
          d. Witness and Time Limits.


20
                •   The student may, at his/her own expense, choose to be represented
                    by legal counsel or other designated representative during the
                    hearing.
                •   The student or his/her counsel may present evidence and shall have
                    the right to call witnesses on his/her behalf and to question
                    witnesses against him/her, subject to exclusion of
                    evidence/testimony deemed irrelevant or redundant by the Hearing
                    Officer.
                •   The school authorities, including legal counsel, shall have the right
                    to call witnesses and to question any witnesses who testify.
                •   The Hearing Officer must schedule adequate time to hear the
                    matter but may impose reasonable time limits on the parties’
                    presentations.
           e. Failure to Appear. If no one has appeared on the student’s behalf within
           a reasonable time after the announced time for the hearing, the Hearing
           Officer shall determine whether the student, through the parent, received
           notice of the hearing. If so, the Hearing Officer shall review the school’s
           evidence to determine whether it is sufficient to support the charge(s) of
           misconduct.

           f. The school’s Principal may observe but may not participate in the
           proceedings at a formal hearing.

     4.   Decision of Hearing Officer.
          a.    The Hearing Officer shall determine first whether the alleged act(s) of
                misconduct have been proved by a preponderance of the evidence
                presented at the hearing. If the misconduct is so proved, the Hearing
                Officer then shall decide upon the appropriateness of the disciplinary
                action taken, or in the case of a proposed expulsion, whether expulsion
                is appropriate. The decision shall be based solely on the evidence
                presented at the hearing and the applicable legal rules, including the
                student handbook.

          b.    The Hearing Officer shall report its findings, together with any
                recommended sanction, to the Principal promptly after the hearing.
                The Hearing Officer may announce a decision on the question of
                whether the allegations of misconduct have been proved at the close of
                the hearing. The Principal may thereupon also announce his/her
                decision regarding sanction(s) to be imposed at that time.

          c.    The Hearing Officer shall serve its written decision on the parties
                stating a summary of the evidence upon which the Hearing Officer
                based its factual findings, and its findings, conclusions and
                recommended sanctions, by certified mail, return receipt request and/or
                by hand-delivery, within five (5) school days after the hearing.

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          d.   Upon receipt of the Hearing Officer’s written decision, the Principal
               shall prepare a written decision, including the sanction(s) imposed and
               the reasons therefor, and send via certified mail or hand deliver it to the
               student, through the parent/guardian, within five (5) working days of
               receipt of the Hearing Officer’s decision.

          e.   If the Hearing Officer decides that no allegations of misconduct have
               been proved, or if the Principal declines to impose sanctions despite a
               finding that an act or acts of misconduct have been proved, the matter
               shall be closed.

          f.   The Principal’s decision shall take effect immediately upon notification
               of the student and his/her parent/guardian and shall continue in force
               during any subsequent appeal. If the notification is by mail, the
               parent/guardian shall be presumed to have received the notice on the
               fifth calendar day after the date of mailing, unless a receipt for certified
               mail indicates an earlier date of receipt.

     5.   Appeal to the Governing Council
          a. The student, parent or guardian may appeal the decision of the Hearing
          Officer/Principal to the school Governing Council Due Process Committee by
          serving a written Notice of Appeal to the Council President or designee
          within five (5) days after the Principal’s decision has been served.

          b. The Governing Council Due Process Committee shall be a three-member
          committee composed of and appointed by the members of the Governing
          Council to hear due process appeals.

          c. The Due Process Committee shall then review the record of proceedings
          before the Hearing Officer, the decisions of the Hearing Officer and
          Principal, and a summary of the transcript, within ten (10) calendar days of
          receipt of the Notice of Appeal.

          d. No new information shall be considered in the appeal, and the Due
          Process Committee shall be bound by the Hearing Officer’s Findings of Fact,
          unless the student persuades the Governing Council Due Process Committee
          that a finding of fact was arbitrary, capricious or unsupported by substantial
          evidence, or that new evidence which has come to light since the hearing and
          which would not with reasonable diligence have been discovered in time for
          the hearing would manifestly change the factual determination. Upon any
          such finding, the Due Process Committee shall have the discretion to receive
          new evidence, reconsider evidence introduced at the hearing or conduct a de
          novo hearing. In the absence of such finding, the review shall be limited to
          an inquiry into the appropriateness of the sanction(s) imposed.


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              e. After reviewing the record and all materials presented at the hearing before
              the Hearing Officer, the Due Process Committee shall render a decision
              within fifteen (15) school days after a student’s written request for review is
              received, which affirms, overrules, or modifies the decision of the Hearing
              Officer/Principal.

              f. The Due Process Committee shall prepare a written decision, including
              concise reasons, and mail or deliver it to the Principal, the Hearing Officer,
              and the student through the parent/guardian, within ten (10) working days
              after the review is concluded.

              g. The Due Process Committee may modify or overrule the Principal’s
              decision, but may not impose a harsher punishment.
                 h. The Due Process Committee decision is the final administrative review
              to which a student is entitled.

     DISCIPLINARY CONSIDERATIONS FOR STUDENTS WITH DISABILITIES

A. Special Education Students. Special education students are not immune from the school’s
disciplinary process once placement procedures are properly followed.
         1. Immediate removal of students whose presence poses a continuing danger to persons
or property or an ongoing threat of interfering with the educational process may be immediately
removed from school pursuant to the process outlined above.
         2. Short-term suspension of students with disabilities may be imposed in accordance
with the “Suspension/Expulsion” section herein, provided that the student is returned to the same
educational placement after the short-term suspension, and unless a short-term suspension is
prohibited pursuant to the student’s IEP. Students may be suspended or removed to an
appropriate interim alternative educational setting or another setting for not more than 10
consecutive school days. Additional removals of not more than 10 consecutive school days may
occur in the same school year for separate incidents of misconduct, as long as those removals do
not constitute a change in placement pursuant to 34 CFR Sec. 300.536 and 6.11.2.11(G) NMAC.
         3. Long-term suspension/expulsion/disciplinary changes of placement. Since the
exclusion of a student with a disability from his/her education program for more than a total of
ten (10) days during a school year may constitute a significant change in placement, the following
considerations must be addressed:
         • Manifestation Determination: when considering long-term suspension or expulsion or
             disciplinary changes of placement as specified in 34 CFR 300.530 through 300.536,
              an Individualized Education Program (IEP) Team must first determine
              whether the behavior that gave rise to the violation is a manifestation of the
              student’s disability, or whether the conduct in question was the direct result of
              the school’s failure to implement the IEP.
          •   If the IEP Team determines that the behavior is related to the student’s
              disability or was the direct result of the school’s failure to implement the IEP,
              then no further disciplinary proceeding shall occur. Any deficiencies in IEP

     23
             implementation shall immediately be remedied and the IEP Team shall
             comply with 34 CFR 300.530(f).
         •   If the IEP Team determines that the behavior is not a manifestation of the
             student’s disability, disciplinary actions may be taken in accordance with the
             procedures above in the same manner and for the same duration as the
             procedures would be applied to students without disabilities, provided that a
             student with a disability who is removed from the student’s current placement
             continues to receive special education and related services pursuant to the
             provisions of 34 CFR Sec. 300.530(d).
         •   The decision to change a student from his/her current placement must be made
             on an individual basis. Changes in placement occur if the student is removed
             from the student’s current placement for more than ten consecutive days, if
             the student is removed from current placement for more than ten school days
             in a school year, or other reason specified in 34 CFR 300.536.
         •   On the date on which the decision is made to make a removal that constitutes
             a change of placement of a student with a disability because of a violation of a
             code of student conduct, the school shall notify the parents of that decision,
             and provide the parents the procedural safeguards notice described in 34 CFR
             Sec. 300.504.

        4.     Removal to Interim Alternative Educational Setting Without
Manifestation Determination. In accordance with 34 CFR Sec. 300.530(g) and (i),
school personnel can remove a student to an interim alternative educational setting (as
determined by the student’s IEP Team) for not more than 45 school days without regard
to a manifestation determination (described below), if the student (1) carries a weapon to
or possesses a weapon at school, on school premises, or to or at a school function; (2)
knowingly possesses or uses illegal drugs, or sells them at school; (3) has inflicted
serious bodily injury upon another person while at school, on school premises, or at a
school function. The student’s IEP team determines the interim alternative educational
setting for services.
        5. Appeals The parent/guardian of a student with a disability who disagrees with
any decision regarding a disciplinary-related placement or the manifestation
determination, or an administrative authority that believes that maintaining the current
placement of a student is substantially likely to result in injury to the student or others,
may appeal the decision by requesting a hearing pursuant to the procedures specified in
6.31.2.13 NMAC.

When an appeal has been filed by either the parent/guardian or the administrative
authority, the student must remain in the interim alternative educational setting pending
the decision of the hearing officer or until the expiration of the disciplinary time period,
whichever occurs first, unless the parent/guardian and administrative authority agree
otherwise.


    24
        6. Disciplinary Considerations for Students under Section 504
Students with 504 accommodations are not immune from the school’s disciplinary
process once identification and placement procedures are properly followed. Students
with Section 504 accommodations being considered for removal from school for 10 or
more days must also receive a manifestation determination review prior to action. The
committee must determine if the conduct in question was caused by or had a direct and
substantial relationship to the student’s disability, and whether the conduct in question
the direct result of the school’s failure to implement the student’s 504 Plan. If the
behavior is a manifestation of the disability, any disciplinary recommendation for a
change of placement should be withdrawn. If the behavior is not a manifestation of the
disability, the student may be disciplined in the same manner as non-disabled students.


                       Dress Code/Standard of Decency
NAS-LC embraces a comprehensive character education program that emphasizes the
importance of respect and responsibility. The school embodies these ideals by placing a
significant responsibility on students and parents to take seriously the importance of
dressing appropriately and tastefully for school. Parents are expected to take a role in
insuring that their student is dressed in a manner that is supportive of the school’s
dress code, which exists to promote a positive, non-disruptive, safe and healthy
atmosphere within the school.
Students are expected to dress in good taste at all times. Clothing should be comfortable,
yet appropriate for an educational setting. While adolescents enjoy experimenting with
recent trends and fashions, many such trends are inappropriate, distracting and disruptive
to the educational environment.

Clothing or the display of other symbols that are profane, racist, gang-related, sexist,
provocative or discriminatory are not permitted. Whether or not a student's attire violates
the NAS-LC dress code shall be determined by the Principal in his/her discretion. The
following are examples of clothing/displays which are inappropriate in the educational
environment and which shall not be permitted:

   •     The display of numbers on clothing and accessories (as in jerseys and sports
         clothing)
    •    No team affiliated clothing or caps/hats/jackets (NFL, NBA, NHL, MLB, etc.)
    •    Bandanas, do-rags, shower caps, hairnets, hairstyles and any other accessories or
         styles (chains, necklaces, insignias, etc.) determined to be gang-related by the
         New Mexico Gang Task Force.
    •    Graffiti, and/or other symbols, clothing articles, emblems, badges, jewelry
         (including rosaries), etc., which reflect gang affiliation or represent advocacy of
         alcohol, tobacco, drug use, disruptive behavior, violence, religious intimidation,
         racism, sexism, homophobia, and/or other activity including, but not limited to
         swastikas and confederate flags
    •    Body alterations which reflect gang activity, advocate alcohol, tobacco, and drug
         use, violence, disruptive behavior, criminal activity, and discrimination based on

    25
         religion, gender, sexual orientation, race, and culture. Such body alterations, if
         present, must remain covered and invisible at on campus and at all school-related
         events, on and off campus.
    •    Hazardous apparel or jewelry or other items such as spiked belts, spiked wrist
         bands, spiked rings, spiked coats, chains, chain wallets, laser pen-lights or and
         other items which are likely to injure the wearer or someone else.
    •    Exposed underwear or portions of underwear, including boxers, sports bras, and
         bras.
    •    Saggy pants revealing underwear or any portion of the body below the navel
         (even if 'hidden' by large t-shirts, tops, or jackets).
    •    Dresses, skirts, shorts, and skorts, including slits, shorter than three (3) inches
         above the bend of the knee.
    •    Pajamas (tops or bottoms), unless it is a sanctioned school function, i.e., pajama
         day
    •    Ripped or torn clothing
    •    Belt loop chains, wallet chains, and extended belts
    •    Trench coats
    •    Heelys
    •    Clothing and/or articles worn or carried by the student (including face painting)
         displaying words or symbols or colors of gangs, drugs, alcohol, tobacco, violence,
         racism, inappropriate language or images, or symbols of a sexual/sexist nature
    •    Visible cleavage, navels, and/or midriffs. No skin should be shown between the
         bottom of the shirt/blouse and the top of the pants/skirt when arms are stretched
         upward
    •    Tube tops, spaghetti strap tops, halter tops, translucent/see-through clothing,
         midriff shirts/blouses, sexually suggestive clothing.

As a show of common courtesy, hats and other head covering (unless for religious
purposes), and sunglasses are not considered appropriate in the school buildings, and
therefore are not permitted indoors.

Students who are dressed inappropriately shall be asked to make alterations, or shall be
sent home to change into appropriate attire. The administration reserves the right to make
final judgment concerning the appropriateness of clothing.


              Personal Electronic Devices and Cell Phones

Items such as “I-Pods” and MP Players, portable CD players, radios, cameras, electronic
games, cell phones and other similar electronic devices disrupt the learning environment
and distract students from the primary purpose of education; therefore, they are
inappropriate in a classroom setting. Such items may not be used or placed in the 'on'
position during class times. They may be used during breaks or lunch periods only. The
school is not responsible for a student's personal items if lost, stolen, or damaged on
school property or during a school sponsored event.

    26
Violations of this policy shall be handled as follows:

    • 1st Offense: Confiscation of the item for the remainder of the school day
    • 2nd Offense: Item will be given to the Principal and may be retrieved by the
      student’s parents/guardians at the end of the school day (after 3:00 PM).
    • 3rd Offense: Student loses all on-campus electronic device/cell phone privileges
      for the remainder of the school year and may not bring such devices to campus.

                            "Affectionate” Behavior

Prolonged embraces and kissing are inappropriate, distracting, and disruptive in a school
setting; therefore, students should refrain from such behavior. Repeated offenses will be
subject to disciplinary action.

                                         Guests

Students may not bring guests to school at any time, this includes boyfriends and
girlfriends. Visitors are not allowed on campus during the school day, including the
lunch period, without written permission from the Principal; any such visitors must be
accompanied by a staff member at all times while on campus and shall follow the
school's visitor policies and requirements. Parents and/or guardians are welcome to
observe in classrooms at any time, provided that parents/guardians register in the
Principal's office as soon as they enter the campus. Persons who pick up students from
school must wait for them in the school parking lot; they may not enter campus to wait.
The school administration reserves the right to refuse entrance to any visitor. Disruptive
or distracting behavior by any visitor, including parents/guardians, shall not be tolerated
and visitors exhibiting such behaviors or interfering with the educational process shall be
removed from campus.




                      Parking and Driving on Campus
Any vehicles driven to school by students must be parked in the designated parking areas
and must be registered in the administrative office. Temporary stickers are available in
the Business Office. The parking area is provided as a convenience for students who
drive to school, and the privilege is conditioned on the student’s adherence to the
school’s regulations. Students desiring to park in the student parking lot may do so only
so long as they comply with regulations and normal safe driving procedures and only
after presenting a registration, proof of insurance and driver’s license to the school’s
administrative office. Failure to comply with regulations is sufficient cause for removal
of the student’s vehicle from the school parking area, either temporarily or permanently.

    27
Vehicles parked on school property are subject to the search and seizure provisions of
this handbook. The school reserves the right to have the student’s vehicle towed at the
student’s expense. Students are not to loiter in or around their cars. The school assumes
no responsibility for the vehicles or their contents.

                                  Search and Seizure
An “Authorized Person” (an administrator or trained designee of the administrator) may conduct
a search of a student, student property located on school property, school property assigned to a
student, or property under the authority of the school when:

            a. there is a reasonable suspicion that a crime or other breach of disciplinary rules or
            school policy is occurring or has occurred; or
            b. there is reasonable cause to believe that a search is necessary to help maintain
            school discipline; or
            c. there is reasonable suspicion that something, because of its presence, presents an
            immediate danger of physical harm or danger to any person, including self.

The following requirements govern the conduct of permissible searches by authorized persons:

            a. School or student property may be searched with or without students present unless
            an administrative authority provides otherwise. When students are not present,
            another authorized person shall serve as a witness whenever possible.
             b. Student vehicles when on campus or otherwise under school control, and students'
            personal effects which are not within their immediate physical possession, may be
            searched in accordance with the requirements above.
            c. Physical searches of a student’s person may be conducted only by an authorized
            person who is of the same sex as the student and only in the presence of another
            authorized person of the same sex, unless circumstances render it impossible. The
            extent of the search must be reasonably related to the infraction, and the search must
            not be excessively intrusive in light of the student's age and sex, and the nature of the
            infraction. Under no circumstances will a strip search be conducted.

Illegal items, legal items which threaten the safety or security of others and items which are used
to disrupt or interfere with the educational process may be seized by authorized persons. Seized
items shall be released to appropriate authorities or a student's parent or returned to the student
when and if the administrative authority deems appropriate.

The administrative authority shall have discretion to notify the local children's court attorney,
district attorney or other law enforcement officers when a search discloses illegally possessed
contraband material or evidence of some other crime or delinquent act.

The extent of the search of a student’s person or personal effects and the measures used
in conducting the search must be reasonably related to the objectives of the search must
not go beyond what is warranted by the nature of the suspected violation, and must
respect privacy considerations in light of the age and sex of the student.


     28
The Principal, or designee, may request a search on school premises to be conducted by
law enforcement. When law enforcement authorities are involved in a search, the search
will be conducted under criminal law standards, rather than the provisions of this policy.


                              Advertising/Soliciting
NAS-LC will not be an advertising agent for outside groups. The administration must
approve all activities, fundraisers, and items posted in or around the school campus. In
addition, any fundraisers using the NAS-LC logo will not be permitted unless approved
by the Principal.


                       Network and Internet Use Policy
Any violation of these provisions will result in immediate disciplinary action to include
zero credit for associated work, extended offline assignments and/or suspension from
NAS-LC for chronic infractions. Students must obtain permission from their instructors
before using the Internet.
Students and parents must sign the Internet Agreement at the time of registration.

Expected Behaviors for Internet and Network Use:
   •   To prevent the incidental, accidental or intentional damage to electronic devices,
       food, drink or gum are not permitted in the classrooms.
    • Users must adhere to copyright laws and restrictions. Transmitting material
       which includes, but is not limited to, commercial software, copyrighted material,
       threatening or obscene material or material protected by trade secret is in violation
       of federal and state laws and regulations and is therefore prohibited.
    • Defacing or vandalizing of school property will result in immediate disciplinary
       action including but not limited to criminal prosecution and legal guardian
       restitution to the school for replacement and/or repair subject property.
    • Use of the school’s network and access to the Internet is a privilege. Anyone who
       uses the school’s network and/or Internet connection in an inappropriate manner
       may lose this privilege.
    • The Internet is to be used to pursue intellectual activities, seek resources and
       access libraries in order to enhance the learning process. Use of profanity,
       obscenities, sexually explicit material or expressions of bigotry, racism and/or
       hate is strictly prohibited.
    • It is necessary to maintain individual anonymity and privacy. Do not reveal
       names, personal addresses or phone numbers.
NAS-LC, through a web site monitoring and access control technique, attempts to
prohibit access to inappropriate internet material. We recognize, however, that some
offensive material could be accessed unintentionally. Under this circumstance, the



    29
student shall notify their teacher of the occurrence, so that future access to that Web Site
can be blocked.
    • Students who willfully access pornographic, excessively violent, drug related, or
       otherwise prohibited web sites will face disciplinary action that may result in, but
       not is limited to suspension or expulsion from the school, and face criminal
       charges if any city, state or federal laws are violated.
    • School network and internet resources are for expressed educational purposes.
       The use of equipment for personal reasons, such as chat room access, is
       prohibited.
    • The intentional introduction of viruses, corruption of systems, files and resources
       is prohibited and considered a variation of vandalism and will result in immediate
       disciplinary action. Disruption of network traffic or crashing the network in
       any form is strictly prohibited and considered an act of electronic vandalism.
    • Video games, in particular, use extensive amounts of internet capability and slow
       down over all access by others. No games unrelated to a specific educational
       assignment will be played on school networks or on the Internet.
    • Students are not allowed to download or install files to the hard disk of any
       computer on the school network. The use of school computers to play student
       music CDs or DVDs is expressly prohibited.
    • Any violation could result in the revocation of access privileges and school
       disciplinary action.




         Equal Opportunity/Non-Discrimination Statement
A.      EQUAL OPPORTUNITY. NAS-LC is committed to providing a working and
learning environment that is free from unlawful discrimination and harassment. The
school prohibits discrimination and harassment based on an individual’s age, ancestry,
color, disability (mental or physical), marital status, national origin, race, religion
(including religious accommodation), sex (actual or perceived, including pregnancy,
childbirth, or related medical condition), sexual orientation, or on the basis of a person’s
association with a person or group with one or more of these actual or perceived
characteristics. Harassment based on any of the above-protected categories is a form of
unlawful discrimination and will not be tolerated. Harassment is intimidation or abusive

    30
behavior toward a student or employee that creates a hostile environment and can result
in disciplinary action against the offending student or employee. Harassing conduct may
take many forms, including but not limited to, verbal remarks and name-calling, graphic
and written statements, or conduct that is threatening or humiliating. This
nondiscrimination policy covers admission or access to, or treatment or employment in,
all school programs and activities. The lack of English language skills will not be a
barrier to admission to or participation in school programs or activities. The school
prohibits retaliation against anyone who files a complaint or who participates in a
complaint investigation.

B.      CONTACT INFORMATION FOR COMPLAINTS. For assistance or to file a
complaints related to discrimination or harassment based on student’s sex (Title IX);
sexual orientation or gender identity (Title 5, CCR, §4910); race, color, or national origin
(Title VI); or mental or physical disability (Section 504) contact:

Denver Office
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582

Telephone: 303-844-5695
FAX: 303-844-4303; TDD: 877-521-2172
Email: OCR.Denver@ed.gov

C. TITLE IX AND STUDENTS. Federal law, Title IX, State law and policy prohibit
anyone from discriminating against any student on the basis of actual or perceived sex,
sexual orientation, and gender (including gender identity, marital status, pregnancy,
childbirth or related medical condition). Male and female students have the right to equal
learning opportunities in their schools and must be treated the same in all activities and
programs, including:
    • Athletics
    • The classes they can take
    • The way they are treated in the classroom
    • The kind of counseling they are given
    • The extracurricular activities in which they can participate
    • The honors, special awards, scholarships and graduation activities in which they
        can participate.

Students who feel that their rights are being violated have the right to take action and
should not be afraid of trying to correct a situation by speaking to a school administrator,
counselor, or trusted adult at school, or filling a complaint. Students are encouraged
whenever possible to try to resolve their complaints directly at the school site. Any
student who believes he or she is being discriminated against in violation of Title IX has
the right to file a complaint. See paragraph B. above.

    31
D. PREGNANT OR PARENTING STUDENTS. Pregnant or parenting students,
regardless of their marital status, have the right to attend school, and to participate in any
program or activity for which they would otherwise qualify in an environment free from
discrimination or harassment. Classes, programs and materials offered to pregnant and
parenting students must be equal to those offered to other students and students must be
provided access to those classes needed to complete their course of study. Pregnant and
parenting students have a right to full participation in school classes, programs, and
activities and it is the school’s responsibility to make reasonable accommodations to keep
pregnant students safe on campus and facilitate their continued participation. Such
accommodations may include, but are not limited to: additional time for use of facilities
and class changes; track changes to minimize missed class time due to child birth and
recovery or to facilitate access to child care; providing independent study activities
during absences due to pregnancy related illness or recovery at the request of the
student/family. Students should not be checked out from a school or program based on
their pregnancy or parenting status. Pregnant and parenting students with excused
absences such as pregnancy-related illnesses, medical care of related conditions due to
the illness or the medical appointment of a child for whom students are the custodial
parents shall be treated like all other students with excused absences. Students with
excused absences shall be allowed to complete all assignments and tests missed, or a
reasonable equivalent of the work missed, during the absence and shall be given full
credit upon satisfactory completion of that work in a reasonable time period. For
assistance or more information regarding pregnant or parenting teens, contact the
school’s counselor.
E. STUDENTS WITH DISABILITIES UNDER SECTION 504. Section 504 of the
Rehabilitation Act of 1973 (Section 504) is a federal civil rights law that prohibits
discrimination against individuals with disabilities in programs and activities that receive
financial assistance from the U.S. Department of Education. Discrimination/harassment
in any form toward individuals on the basis of their actual or perceived disability is
unacceptable and will not be tolerated. NAS-LC will promptly investigate all complaints
of disability-based discrimination/harassment and take reasonable actions to stop future
incidents of discrimination/harassment. Section 504 also requires that students with
disabilities be provided a free and appropriate public education (FAPE), a program
designed to meet the educational needs of students with disabilities as adequately as the
educational needs of students without disabilities. For students who are not eligible for
special education services, but meet the federal definition of disabled under Section 504,
a Section 504 Plan is developed which indicates the accommodations, supplementary aids
and/or services that will be provided to assist the student in accessing the general
education program. Parents or guardians must be notified in writing of any school
decisions regarding the identification, evaluation, and/or educational placement of
students and their right to participate in, and/or appeal these decisions under Section 504.
See paragraph B above for complaint contact information.

F. STUDENTS WITH DISABILITIES AND SPECIAL EDUCATION. Students learn in
a variety of ways, with most students learning effectively in a traditional school setting.
However, sometimes students with disabilities need services beyond accommodations

     32
and modifications to the general education program. Students with disabilities may be
eligible to receive special education services as determined by an Individualized
Education Program (IEP) team, which includes the student’s parent. Special education
services are designed to meet the unique educational needs of students with disabilities
and are provided at no cost to parents. To the maximum extent appropriate, students with
disabilities must be educated with their nondisabled peers in the general education
environment at the school they would attend if they were not disabled. Parents of school
age children who suspect their child may have a disability who may need special
education should contact the Principal.

                        IMPORTANT NOTICE INFORMATION

A.      PARENTS’ RIGHT TO KNOW ABOUT TEACHERS’ CREDENTIALS. The
No Child Left Behind Act (NCLB) requires that, upon request, parents be notified of the
professional qualifications of their child’s teacher in core academic subjects. This
information includes:
    • The type of credential the teacher holds.
    • The teacher’s college degree(s) and major(s).
A parent may also request information regarding the professional qualifications of a
teacher assistant who provides services to his/her child. Additionally, schools must
provide timely notice to the parents of a child who has been assigned to, or has been
taught in, a core academic subject for four or more consecutive weeks by a teacher who
does not meet the NCLB teacher requirements

B.      RESTITUTION/PARENT LIABILITY. New Mexico Statutes Annotated §32A-
2-27 provides that any act of willful misconduct of a minor which results in any injury to
the property or person of another shall be the responsibility of the parent or guardian
having custody and control of the minor for all purposes of civil damages, and the parent
or guardian having custody and control shall liable for any damages resulting from the
willful misconduct not to exceed $4,000.

C.      SCHOOL AND PUPIL RECORDS: FEDERAL AND STATE LAWS
AFFECTING FAMILY EDUCATIONAL RIGHTS AND PRIVACY. The Family
Educational Rights and Privacy Act (FERPA) affords parents and student over 18 years
of age (“eligible students”) certain rights with respect to the student’s education records.
The privacy of school records is protected by federal and state laws which cover nearly
every type of pupil record maintained by local schools or school district central offices.
Such records might include information about attendance, health, grades, behavior,
athletic ability, or activities in class. The law generally prohibits the release of pupil
records information without written consent of the parent, or adult student (18 years or
older). Records or information maintained by the school official exclusively for personal
reference or use are not considered pupil records and are not subject to federal and state
privacy laws. Unless otherwise prohibited by law, any natural parent, adopted parent, or
legal guardian may have access to and review the pupil records of their child. School,
school district, and state employees and officials who have a legitimate educational
interest have a right to access pupil record information without the consent of the parent

    33
or student. A “legitimate educational interest” is defined as a need for the
employee/official to access pupil record information in order to perform his/her job
duties. In general, other individuals or agencies may be authorized to access, review and
/or obtain pupil records by court order, parent/guardian consent, or by statute.

                   • Directory information is routine information maintained by school
                       districts about students. It is this special category of pupil record
                       information that does not require the same level of confidential
                       treatment as pupil record information. Under the law, the school may
                       identify certain categories of information as directory information and
                       may provide directory information to certain individuals, officials and
                       organizations identified by the district as those who have a legitimate
                       need to know. Parents and/or adult students have the right to limit or
                       deny the release of any portion of directory information. Additionally,
                       parents and/or adult students may deny the release of directory
                       information to any designated recipient. Any and all of the following
                       items of directory information relating to a pupil may be released,
                       unless a written request is on file to withhold its release.    Name
                   •   Address
                   •   Telephone
                   •   Date of birth
                   •   Dates of attendance
                   •   Previous school(s) attended


                  ADMINISTERING MEDICINES TO STUDENTS

A. PRESCRIPTION DRUGS. For occasions when it is necessary for a student to receive
a prescription drug during the school day, the following procedure has been established to
ensure the protection of the school and the student and to assure compliance with existing
rules and regulations:
        1. Administration by school personnel:
            • The medication must be prescribed by a physician
            • The parent or guardian must provide written permission to administer the
                medicine to the student. Appropriate forms are available from the school
                office.
            • The medication must come to the school office in the prescription
                container as put up by the pharmacist. Written directions from the
                physician or pharmacist must state the name of the patient, the name of the
                medicine, the dosage, and the time it is to be given
            • An administrator may designate a school employee to administer the
                medication
            • Each administration of prescription drugs must be documented, making a
                record of the student having received the medication.
            • Drugs must be kept in their original containers in a locked medicine
                cabinet

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         2. Self-administration of prescription drugs.
            • When the physician feels it is necessary for the student to carry and self-
                administer the medication, the physician shall provide written
                recommendations, to be attached to the signed parent permission form.
            • The parent or guardian must provide written permission for the student to
                self-administer and carry the medication. Appropriate forms are available
                from the school office.
            • The medication must come in the prescription container as put up by the
                pharmacist.
         3. Asthma medication and emergency anaphylaxis self administration.
            • When the physician feels it is necessary for the student to carry and self-
                administer either of these medications, the physician shall provide written
                recommendations, to be attached to the signed parent permission form,
                including a written treatment plan for managing asthma or anaphylaxis
                episodes; and
            • Backup medication may be provided by the parent. Such medication must
                come in the prescription container as prepared by the pharmacist with a
                written permission to administer on an emergency basis from a parent and
                shall be kept in a locked area in the office.

B. OVER-THE-COUNTER MEDICATION. When it is necessary for a minor student to
receive a medicine that does not require a prescription order but is sold, offered,
promoted, and advertised to the general public, the following procedure has been
established to ensure the protection of the school and the student:
        1. Administration by school personnel.
           • Administration of specific over-the-counter drugs.
           • Any over-the-counter drug or medicine sent by the parent to be
                administered to a student must come to the school office in the original
                manufacturer's packaging with all directions, dosages, compound contents,
                and proportions clearly marked.
           • An administrator may designate a school employee to administer a
                specific over-the-counter drug
           • Each instance of administration of an over-the-counter drug must be
                documented in the daily log
           • Over-the-counter drugs must be kept in their original containers in a
                locked medicine cabinet.
        2. Self-administration:
           • Written permission must be provided by the parent or guardian for the
                administration of specific over-the-counter drugs by the student
           • Over-the-counter drugs or medicine sent by the parent to be administered
                by the student must be kept by the student in the original manufacturer's
                packaging, with all directions, dosages, compound contents, and
                proportions clearly marked
           • Necessity for self-administration of an over-the-counter drug or medicine
                shall be determined by the student's physician and must be verified by a


    35
                signed physician's statement attached to the parent or guardian permission
                form, indicating the specific drug or medicine.

C. PROTECTION OF STUDENTS. Use or administration of medication on school
premises may be disallowed or strictly limited if it is determined by the Principal, in
consultation with medical personnel, that a threat of abuse or misuse of the medicine may
pose a risk of harm to a member of the student population.




The student shall take extraordinary precautions to keep secure any medication or drug,
and under no circumstances shall make available, provide, or give the item to another
person. The student shall immediately report the loss or theft of any medication brought
onto school campus. Violation of this regulation may subject the student to disciplinary
action.

                            Student Attendance Policy
 A. TARDY POLICY. Students have sufficient time between classes and are tardy if they are
not in their classrooms ready to work when class begins. A student is considered tardy to class if
he/she enters the classroom after class has begun. Tardy students will report directly to the
classroom teacher, as the classroom teacher manages tardiness. All tardies are considered
unexcused unless excused by an administrator. A student who is more than 20 minutes late to
class will be marked absent from that class. Students who are repeatedly tardy will be referred to
the Principal for disciplinary action in accordance with the following:


            •   1st Unexcused Tardy: Documented and Warning issued by Teacher.
            •   2nd Unexcused Tardy: Documented and Conference with Teacher.
            •   3rd Unexcused Tardy: Referral to Counselor.
            •   4th /Subsequent Unexcused Tardy: Referral to Principal, 2 days lunch detention,
                parental contact by phone/letter and further action as determined by Principal or
                designee.



B. ABSENCES.

Daily school attendance is essential to our children and youth acquiring the knowledge,
skills, and values to become self-sufficient citizens. Parents/ guardians and students are
responsible for ensuring daily attendance. NAS-LC will develop and implement plans
consistent with New Mexico state laws and procedures to encourage daily student
attendance.




     36
I. DEFINITIONS

        A. An “excused absence” will be an absence with permission of the
parent/guardian and school principal. Such absences include those that are the result of
the following:

         1. Temporary illness or injury

         2. Physical, mental, or emotional disability or condition

         3. Religious commitment

         4. Limited family emergencies; family deaths

        B. An “unexcused absence” will include those that are the result of suspension
and expulsion, except as provided in Sections II-B, II-B 4, II-B 5 and II-C below, or those
that are with permission of the parent/guardian but without permission of the school
principal.

       C. A “school service absence” will include those pupils who are participating in
school activities authorized and pre-approved by the school administration; pupils will be
counted as present in the school regardless of the location of the activity.

       D. A “truant” student is one who has accumulated five unexcused absences within
a 20-day period.      E. A “habitual truant” student is one who has accumulated 10 or
more unexcused absences in a school year.

         II. PROCEDURES TO ENCOURAGE DAILY SCHOOL ATTENDANCE

       A. Each school and teacher is responsible for keeping accurate records of student
absences, tardies, and truancies.

       B. School procedures and rules will include, but need not be limited to, the
following:

               1. Notification to the parents/guardians of each enrolled child, annually at
the beginning of each school year or upon enrollment, of the following:

                        a. That it is the obligation of the parent/guardian and child to
ensure that the child attends school daily and complies with school attendance rules in
order to receive an appropriate education

                        b. School rules and procedures regarding attendance

                2. A method for notifying the parent/guardian of the child's absence from
school if the school has received no indication that the child's parent is aware of such

    37
absence; notification will be by telephone on the day of absence, if possible, in writing, or
by some other method

               3. Consequences for truancies, unexcused absences, and unexcused tardies
that may include lower grades or loss of academic credit

                4. Providing for development of a plan, which may be in writing, to assist
the habitually truant student in remaining in school; such procedures must provide
opportunities for the full participation of the parent/guardian in the plan's development;
the plan, at a minimum, must identify the reasons for the absences and measures to
overcome them

                5. If efforts to improve attendance are not successful after the school has
notified the student’s parents in writing (by certified mail return receipt or other personal
service) the school will in accordance with NMSA 1978 §22-12-7C., report to the
habitual truant to the probation office of the Second Judicial District Court. For purpose
of this paragraph only, absences due to suspension or expulsion will be counted as
excused absences.

               6. Provision of make-up work for suspended students upon the request of
the parent/guardian or student, which may include the granting of full or partial credit for
such work, if satisfactorily completed in a timely manner

        C. Students may be administratively withdrawn from the school’s rolls if the
student has been absent for a ten (10) consecutive school days and his/her absences are
unexcused with the caveat set forth in the following paragraph. For the purpose of this
section, absences due to suspension will be considered as excused.

       No student shall be administratively withdrawn after ten (10) consecutive school
days until the school has made a substantial effort to contact the pupil and/or parent by
telephone or home visit for the purpose of identifying the reasons for non-attendance and
developing strategies to address them; appropriate school personnel, including the social
worker and counselor, should be involved in this effort.

        D. The school will notify the parent/guardian of high school dropouts who are not
subject to the compulsory attendance requirements. This notice will have the goal of
attempting to return the student to school and of conveying the long-term ramifications to
the student of dropping out of school.

          III. STUDENT AND SCHOOL ATTENDANCE PROCEDURES

Level 1 Interventions
Responsibility of the Teacher
   • When a student misses your class:


     38
            o Step 1 - Check missing student’s entire attendance record
            o Step 2 - If student is missing your class but attending others, contact the
              student
            o Step 3 – Discuss the issue and brainstorm a solution

   •     Be a presence in the halls between classes, along with administration/security
   •     Take attendance by the end of every period; enter into information system
   •     Grant make-up work one assignment at a time
   •     Log interventions and relevant info

Responsibility of the Mentor
   • Monitor your students’ attendance weekly.
   • Discuss any absences and discuss solutions for improving attendance.
   • Log interventions and relevant info


Level 2 Interventions
Responsibility of the Teacher
   • If L1 interventions were unsuccessful and a student misses your class a 4th time:

            o Step 1 – Discuss issue with student’s mentor.
            o Step 2 – Contact parent/advocate. Try at least 3 times to establish contact.
            o Step 3 – Try to mitigate situation with help of parent/advocate.

   •     Log interventions

Responsibility of the Mentor
   • Work with teacher to reach parent/advocate and student.
   • Log interventions


Level 3 Interventions

Responsibility of the Teacher/Mentor
   • If L2 interventions were unsuccessful and student misses your class a 5th time,
      refer student to administration.
   • Log interventions

Responsibility of the Administrator
   • Contact student and/or parent/advocate, discuss issue, discuss remediation and
      warn of impending attendance contract.
   • Discuss solutions
   • Log interventions



    39
Level 4 Interventions
Responsibility of the Administrator
   • If L3 interventions were unsuccessful, create Individual Performance Plan (IPP)
      for student, with the input of family/advocates and teachers/mentors.

            IPPs may include:
                  • Parents/advocates will sign daily or weekly attendance log
                  • Friday school
                  • After-school work
                  • Before-school work
                  • Lunch-time work
                  • Parent/advocate walks student to first period each day
                  • Parent/advocate waits outside classroom and meets student after
                      their last class
                  • Parent/advocate meets with administrator and/or teacher every day,
                      week or month
                  • Parent/advocate attends class with student

   •     Failure to meet agreement in full (or accumulating 10 absences in one quarter)
         may result in withdraw for the quarter.
   •     Student would be eligible to re-apply the next quarter, following re-enrollment
         procedures.
   •     Failure to meet agreement may also trigger referral to Social Services
   •     Log all interventions and IPP specifics


Tardy Procedures
Responsibility of the Teacher/Administrator
   The following may be consequences for a tardy:

                      Detention
                      In-school suspension
                      Friday school

         o If behavior continues, student may be addressed using attendance
              interventions.
Responsibility of the Attendance Secretary

   •     Will call home if a student misses one class
   •     Will send a letter home if a student misses 5 days
   •     Log every call and letter
   •     Call students before withdrawing for non-attendance.
   •     Report to admin at the end of each week

    40
   •     Provide attendance report to teachers each morning
   •     More than one absence per week or three per month will trigger Level 3
         Administrative intervention
Effective date: September 1, 2009
To be reviewed: Annually
Approved by the Governing Council on
Date: February 11, 2009
Legal Reference: 6.10.8 NMAC




APPEALS OF ATTENDANCE-RELATED ACTIONS

Actions taken by teachers due to absences may be appealed to the NAS-LC Principal.
Any grade changes resulting are subject to and must be in accordance with the school’s
grade change policy.



                                SCHOOL TRUANCY POLICY

   1. Notification of Absences: The following actions will be taken to ensure that
      parent(s)/guardian(s) are aware of student absenteeism and school attendance
      policies:

            •   Upon the first (1st) unexcused absence, the school will contact the
                student’s parents and or guardians to discuss the school’s attendance
                policy. If the student is over the age of 18, the student will be required to
                meet with the Counselor to discuss the attendance policy.
            •   Upon the third (3rd) absence, a letter will be mailed via certified mail to
                the minor student’s parent/guardian explaining New Mexico’s
                Compulsory Attendance law.
            •   Upon the fifth (5th) unexcused absence occurring within any twenty (20)-
                day period, notice of truancy will be sent via certified mail to a minor
                student’s parent(s)/guardian. A conference shall be held to discuss
                possible interventions.
            •   Upon the eighth (8th) unexcused absence, the student and (for minor
                students) his/her parent/guardian will be required to attend a conference
                with the Principal and Counselor to develop an action plan to address the
                problem. Students age 18 and over shall attend a conference with the
                Principal to develop an action plan.
            •   Upon the tenth (10th) unexcused absence, a certified letter will be mailed
                to the student and, if a minor student, his/her parent/guardian notifying
                them of the student’s habitual truancy (if the student is subject to the
                Compulsory Education law) and the academic consequences for missed
                work. The Principal/Counselor shall again attempt to meet with the
                student and his/her parent/guardian to address the situation. The school is
    41
                 required to report the matter to the probation services office of the judicial
                 district in which the student resides for an investigation as to whether the
                 minor student shall be considered to be a neglected child or a child in need
                 or services because of habitual truancy. These actions will also be
                 followed up by the community liaison.
            •    State law requires a school to withdraw a student after ten (10)
                 consecutive days of absence, provided that withdrawals do not include
                 truants and habitual truants. The school is required to intervene with and
                 keep the student in an educational setting as provided in Section 22-12-9
                 NMSA 1978.

                                         MAKE-UP WORK

         It is the responsibility of the student to get from their teachers all class work
         missed due to excused absences and to properly complete all work and hand it in
         to their teacher on time. Students will be allowed time to turn in make-up work
         equal to the time he/she was absent. The due date for such make up work shall be
         up to the teacher. Failure to turn in make-up work will result in the student
         receiving a zero for every incomplete assignment.




                                    CLOSED CAMPUS

Students are not permitted to leave the campus during the school day without permission.
Anyone needing to leave campus for any reason must report to the Principal’s office for
permission.

Any student under the age of 18 leaving campus for any reason must have
parent/guardian permission on file in the office. Parents/Guardians and students over 18
are encouraged to schedule doctor, dental and other appointments to occur after school.
The office must speak to a minor student’s parent/guardian before the student maybe
released from school early. A note is not sufficient for early dismissal of the student
from the school. The student may only be excused when leaving with parents or
permission from parents, if a written pass from the office has been issued. In the event
that a parent or other adult comes to school to check out a minor student for early release,
office personnel must check the student’s records to determine if, in fact, that person is
allowed to check out the student.

                FOUR YEAR PLANS AND GRADUATION REQUIREMENTS

The New Mexico law requires that every New Mexico high school student complete a
“next step plan”. Next Step plans begin as students are registering for the ninth grade.
The plan lays out the courses that the student plans to take over the next four years to
reach graduation requirements and college entrance requirements, if applicable. The
    42
school will assist students in preparing next-step plans. Below are the minimum
graduation unit requirements prescribed by the New Mexico Public Education
Department:

   •     Four units in English, with a major emphasis on grammar and literature;
   •     Three units in mathematics, at least one of which is equivalent to Algebra I level
         or higher;
   •     Three units in science, one of which must have a laboratory component Three
         units in social science, which must include United States History and geography,
         World History and geography, and Government and Economics;
   •     One unit in physical education;
   •     One unit in communication skills or business education, with a major emphasis on
         writing and speaking and that may include a language other than English;
   •     One-half unit in New Mexico History
   •     Seven and ½ elective units that meet department content and performance
         standards. Student Service Learning shall be offered as an elective. Financial
         Literacy shall be offered as an elective.
   •     For students entering the ninth grade beginning in the 2009-2010 school year, at
         least one of the units required for graduation shall be earned as an advanced
         placement of honors course, a dual-credit course offered in cooperation with an
         institution of higher education or a distance learning course.
   •     Successful completion of the requirements of the New Mexico diploma of
         excellence is required for graduation for students entering the ninth grade
         beginning in the 2009-2010 school year. See NMSA 1978 22-13-1.1(I) for
         diploma of excellence requirements.

In addition, students must pass all subject areas of the High School Competency
Exam.



                                Grade Change Policy

Teachers must diligently maintain records that justify the final course grade awarded a
student. Assuming due diligence on the part of the teacher, and that no mistake or
clerical error has been made in the tabulation of grades, every student is ultimately
responsible for the grade that he/she is awarded.

Changes to a test grade or a class assignment grade, once issued by the teacher, may
occur only where there has been a clear mistake, clerical error, misidentification of the
student by the teacher, or supplementary work submitted by the student for missed
assessments. The teacher who issued the test or assignment grade may change or direct
the changing of the grade due to a clear mistake, clerical error, misidentification, or
supplementary work submitted. Requests for grade changes on tests or class assignments
shall be handled between the student and the teacher, with the teacher being the final
determinant of the decision. The teacher shall document the justification for the test

    43
grade or class assignment grade change. Nothing in this policy is intended to apply to
grade changes for statewide tests used to determine adequate yearly progress or
graduation from high school. If there is a need to change a grade or result on such state-
mandated testing due to a clearly clerical mistake as where a student has been
misidentified, the Principal shall promptly notify the assessment and accountability
division of the Public Education Department for guidance.

Changes to course grades may be made by a teacher within 10 days of the grade
confirmation process, where there has been a clear mistake or clerical error in the
tabulation or misidentification of the student or where there are extenuating
circumstances articulated, additional graded work submitted, or additional or make-up
testing. Such course grade changes must be brought to the attention of, and approved by,
the Principal, upon authorization and proper documentation by the teacher.

The principal will hold promotion meeting(s) at appropriate time(s) during the year to
discuss student grades and where appropriate, adjustments to grades may be made.

A student of legal age or parent/guardian who requests a course grade change shall utilize
the following procedure:

   1. The student/parent must complete and submit to the Principal a signed, written
      “Grade Change Request” form stating reasons for the course grade change
      request, within five days of receipt of the course grade.
   2. Upon request, the student/parent will be permitted to review any available records
      and documents belonging to the student related to the determination of how the
      grade was awarded.
   3. The Principal will consult with the teacher to determine if there has been any clear
      mistake or clerical error, or if there has been any misidentification of the student.
   4. In further consultation with the teacher, the Principal will determine if a change in
      final course grade is merited for any other justifiable reason, such as extenuating
      circumstances articulated and demonstrated by the student/parent, additional
      graded work submitted by the student, additional or make-up testing, or other
      meaningful criteria that can be verified.
   5. The teacher who issued the course grade shall provide to the Principal his/her
      reasons to support or oppose the requested grade change and shall not be
      pressured into or retaliated against for making a certain recommendation.
   6. As part of fact-finding, the Principal will meet with the student/parent and the
      teacher, together or separately, to determine the validity of the student’s/parent’s
      request.
   7. A written, signed response which includes the Principal’s findings and decision
      will be provided to the student/parent within five days of the meeting. The
      response shall include whether the request is denied or allowed and the grade
      entered if allowed. If a grade change is allowed, the Principal’s response shall
      articulate the reasons and basis for the grade change.
   8. The Principal will be the final determinant of the decision.



    44
   9. If the Principal decides that a grade change is merited, in addition to the student or
       parent, the Principal shall comply with any NMPED notification requirements.
   10. If the Principal decides that a course grade change is merited for a particular
       student, the grade change must be equally available and applied to all students
       who are similarly situated.
   11. The “Grade Change Request” form and a copy of the Principal’s decision shall be
       placed in the student’s permanent cumulative record file. The student/parent may
       request of the Principal that the documents be removed and destroyed upon the
       student transferring or graduating from the school. The Principal has full
       discretion in complying with the student’s/parent’s request.

Due to the urgent nature of determining whether a grade change is merited, the timelines
established herein shall be considered maximums.

The New America School-NM shall strictly adhere to FERPA in administering this Grade
Change Policy. Under no circumstances will the identity of the student involved in the
grade change request be made known publicly, and confidentiality involving the request
and the identity of the student will be maintained among those personnel involved in
addressing and processing the grade change request. Additionally, the identity of any
other students whose grades may be used for comparison purposes shall not be disclosed
publicly, or to the student/parent making the grade change request. Adherence to FERPA
requirements and regulations regarding student records and information shall be required
of all school personnel.

This Grade Change Policy in no way limits or eliminates the rights afforded to parents
under federal regulations 34 CFR Sections 300.618 through 300.621 under the
Individuals with Disabilities Education Act, and 34 CFR Sections 99.20 through 99.22
under FERPA, both as they relate to amendment of a student’s educational records.


Effective date: September 9, 2009

To be reviewed: September 9, 2010




    45
Assumptions - SEG

                          Based on $33/student avg. of similar size school with similar demographics.
  Instructional Materials First year based on receiving 6x normal allocation for initial operating year (1 allocation
                          for each subject).

Title I                    Based on $450/student avg. of similar size school with similar demographics.

IDEA-B                     Based on $190/student avg. of similar size school with similar demographics.

Title III                  Based on $80/student avg. of similar size school with similar demographics.

Title II                   Based on $55/student avg. of similar size school with similar demographics.

PSCOC                      Based on $670/student avg. of similar size school with similar demographics.
DRAFT BYLAWS
Appendix E
                           NEW AMERICA SCHOOL
                        DRAFT Governing Council Bylaws

I. NAME.
        The governing body of the New America School Las Cruces (NAS – LC) will be known
as the “New Mexico New America School Governing Council” or “NAS-LC GC.”

II. PURPOSE AND POWERS.

       Section 2.1. Purpose. The purpose of the NAS-LC GC is to govern the NAS-LC in
accordance with the terms of its charter in compliance with the New Mexico Charter Schools
Act, NMSA 1978 §§22-8B-1 (2006), et seq. as amended from time to time.

        Section 2.2. Powers. The powers and duties of NAS-LC GC shall be as prescribed by
the NAS-LC Charter and the New Mexico Public School Code and all applicable laws and
regulations. Complete and final control of all matters pertaining to the School’s educational
system shall be vested in NAS-LC GC. NAS-LC GC shall have the following powers and duties:
            A. Develop educational and operational policies for the NAS-LC;
            B. Adopt rules and policies pertaining to the administration of the NAS-LC GC and
                NAS-LC;
            C. Employ, supervise and evaluate annually the Principal of NAS-LC;
                     a. Delegate administrative and supervisory functions of the day-to-day
                        operations of the school to the Principal.
            D. Review, approve and monitor the implementation of the annual budget of
anticipated income and expenditures, vote on Budget Adjustment Requests, and direct
preparation of the annual financial audit;
            E. Acquire, lease and dispose of property, both real and personal to the extent
permissible by laws applicable to public schools;
            F. Initiate lawsuits or take all necessary steps to protect NAS-LC interests;
            G. Authorize the repair and maintenance of all property belonging to NAS-LC or for
which NAS-LC is contractually responsible to maintain and repair;
            H. Enter into contracts consistent with the NAS-LC approved budget for any service
or activity that is required for the NAS to perform in order to carry out the educational program
described in its charter and as otherwise in accordance with the New Mexico Charter School Act
as amended;
            I. Accept or reject any charitable gift, grant, devise or bequest;
            J. Approve amendments to the charter prior to presentation to the authorizer for
approval;
            K. make application to the authorizer of the Public School Capital Outlay Council for
capital outlay funds;
            L. Amend the Bylaws of the NAS-LC’s GC from time to time consistent with the
mission of NAS-LC;
            M. Delegate to the Principal the authority to implement the approved charter and the
schools’ policies and procedures, facilities plans, budget and such other directives and policies
adopted by NAS-LC GC from time to time. To the extent reasonable, NAS-LC GC shall not be
involved in the day-to-day operations of the school;

                                               2
            N. NAS-LC GC will have primary responsibility for the development and review of
all major policies; be a resource for problem resolution escalated to NAS-LC GC according to
policies, procedures and appropriate protocol; and review recommendations submitted by the
Principal and other NAS-LC GC consultants and advisors.
            O. Promote a cooperative relationship with its charter authorizer; to function in
accordance with the New Mexico Charter School Act and resolve any dispute, which may arise
between NAS-LC and its authorizer and/or the Public Education Department to the mutual
benefit of the operation of NAS-LC and its authorizer.
            P. Such other powers and duties as included in the charter and that are not
inconsistent with federal or state laws or constitutions, or as otherwise set forth in the Charter
Schools Act, NMSA 1978 §§22-8B-1, et seq. and the New Mexico Public School Code, Chapter
22 of the New Mexico Statutes.

III. MEMBERS.
      The NAS-LC GC shall consist of not less than five (5) or more than nine (9) members.

IV. GOVERNING COUNCIL MEMBERSHIP
Section 4.1: Election of Council Members: Members shall be elected by a majority vote of
all members and selected from nominations by a committee of the NAS-LC GC. The nomination
process is described in paragraph 4.3., below.
        Section 4.2: Term of Council Members. Member position will be numbered. At the
organizing meeting of the NAS-LC GC members will draw straws to determine which position
will be for an initial term of three years or an initial term of two years. At least one half of the
initial NAS-LC GC will serve for three years; e.g. three of five, four of six, etc. The seats that
draw an initial term of two years will be extended to three years at the next election of members.
Thereafter, all terms of the members will be for three years. Members may be re-elected.
        Section 4.3: Nominations. The Nominating Committee shall obtain nominations by
notifying community, business, and/or education leaders of regular elections and/or vacancies on
NAS-LC GC along with a description of the responsibilities of serving as a member and the date
and time of the governing council meeting at which the position will be voted on by the NAS-LC
GC (whether new elections or vacancies). Interested individuals will be asked to submit their
name and qualifications and reasons for wanting to serve on the NAS-LC GC or to submit the
names of other individuals who they believe would be an asset to the NAS-LC GC. Nominations
shall be given to the Secretary of the NAS-LC GC, by no later than ten (10) working days before
the date of the regular board meeting at which the vote of the governing council shall be made.
        Section 4.4: Compensation. Members will not receive compensation for their services
except they may be reimbursed for reasonable expenses associated with fulfilling the
responsibilities of their positions. All reimbursements will be in compliance with the New
Mexico Per Diem and Mileage Act.
        Section 4.5 Resignations and Removal. Any member may resign at any time by
giving written notice to the President or to the Secretary; the acceptance of such resignation shall
not be necessary to make it effective. The NAS-LC GC shall select new members from
candidates recommended to it by the Nominating Committee. See, Section 7.3 Any member
may be removed by a majority vote of NAS-LC GC whenever such removal is in the best
interests of NAS-LC. Grounds for removal will include without limitation the following acts or
omissions:


                                                 3
       A.      Missing two consecutive regular meetings or two out of six
               consecutive regular meetings of the NAS-LC GC, except when
               such absence is due to exigent circumstances;
        B.     Violation of the NAS-LC GC’s policies;
        C.     Any other grounds NAS-LC GC deems appropriate.
        Section 4.6. Vacancies. A vacancy on NAS-LC GC shall be filled by the NAS-LC GC
after the nomination process described in paragraph IV.A.3.above has been completed. Once the
vacancy is filled, the term shall only be for the unexpired portion of the term of the member
being replaced.
        Section 4.7. Attendance: Members of the NAS-LC GC are required to attend all
scheduled meetings of the NAS-LC GC unless exigent circumstances arise.

V.      MEETINGS OF THE GOVERNING COUNCIL:
        All meetings of the NAS-LC GC shall be held in accordance with the New Mexico Open
Meetings Act , NMSA 1978 §§10-15-1, et seq.
        Section 5.1 Meetings. The NAS-LC GC shall pass a resolution annually describing
what notice of a public meeting is reasonable when applied to the NAS-LC GC. The resolution
shall describe appropriate notice and methods for posting agendas for regular, special and
emergency meetings of the NAS-LC GC.
        Section 5.2 Regular Meetings. Regular meetings of the Council shall be held during
the year; at least monthly. The meetings shall be held at the regular place of business of the
charter school or as posted in the notice of the meeting.
        Section 5.3 Special Meetings. Special meetings of the NAS-LC GC may be called at
the direction of the NAS-LC GC. Such meetings to be held at such time and place consistent
with the NAS-LC GC’s annual resolution for conducting its public meetings.
Section 5.4 Attendance via Telephone Conference Call. Except to the extent otherwise
provided by law, any meeting of the NAS-LC GC may be attended by any or all of the NAS-LC
GC by means of a conference telephone (or similar communications equipment) when it is
otherwise difficult or impossible for the member to attend the meeting in person, provided that
each member participating by conference telephone can be identified when speaking, all
participants are able to hear each other at the same time and members of the public attending the
meeting are able to hear any other member of the NAS-LC GC who speaks during the meeting.
Such attendance shall constitute presence by NAS-LC GC member as if in person at such
meeting and for purposes of determining a quorum. Any action taken by the NAS-LC GC at
such meeting shall constitute a valid action of the NAS-LC GC. If a member cannot be
physically present at a meeting for unavoidable conflict, he/she may make arrangements to
appear by telephone in accordance with the provisions of the Open Meetings Act. A member of
the NAS-LC GC who will be unable to attend a NAS-LC GC meeting will notify the president of
the NAS-LC GC prior to the meeting and if he/she intends to appear by telephone the member
shall make arrangements with the Principal or his/her designee. Notice may be made by e-mail
as long at is made four hours in advance of the meeting. If the President or his/her designee
cannot attend the meeting, he/she must notify the Vice-President or his/her designee and forward
all information regarding the upcoming meeting to him/her, including notices of non-
appearances by other members.
        Section 5.5 Notice. The NAS-LC GC shall provide notice and post agendas in
accordance with the New Mexico Open Meetings Act. Reasonable notice of the NAS-LC GC


                                               4
may include broadcast stations licensed by the Federal Communications Commission or
newspapers of general circulation if such entities have made a formal written request for NAS-
LC GC to publish notice in this manner. The timing of notice of meetings and of the availability
of meeting agendas shall be consistent with the NAS-LC GC annual resolution. Except in cases
of emergency the NAS-LC GC shall only act on matters identified on the agenda.
         Section 5.6 Emergency. An emergency meeting or agenda item is one necessitated by
unforeseen circumstances that if not addressed immediately by the NAS-LC GC, will likely
result in injury or damage to persons or property or substantial financial loss to the public body.
         Section 5.7. Minutes. The NAS-LC GC shall keep written minutes of all its meetings.
The minutes shall include a minimum the date, time and place of the meeting, the names of
members in attendance and those absent, the substance of the proposals considered and a record
of any decisions and votes taken that show how each member voted. All minutes are open for
public inspection. Draft minutes shall be prepared within ten working days after the meeting and
shall be approved, amended or disapproved at the next meeting where a quorum is present.
Minutes shall not become official until approved by the NAS-LC GC.
         Section 5.8. Annual Meeting. The annual meeting of NAS-LC GC shall be held each
year during the regular meeting of the governing body in May or as determined by a majority
vote of NAS-LC GC.
         Section 5.9. Quorum/Manner of Action. A majority of the seated NAS-LC GC
members, whether personally present or appearing telephonically shall constitute a quorum for
the transaction of business at any meeting of NAS-LC GC. If less than a majority of the members
are present at any meeting where a Quorum is required, a majority of the members present may
adjourn and reconvene the meeting at a later date. The act of a majority of the members present
at a meeting at which a quorum is present shall be the act of the NAS-LC GC, unless the act of a
greater number is required by law or these bylaws. No action of the NAS-LC GC shall be valid
unless taken at a meeting at which a quorum as defined herein is present and which has been
properly noticed pursuant to the New Mexico Open Meetings Act. NMSA (1978) §§10-15-1 et
seq.
         Section 5.10 NM Open Meetings Act. NAS-LC GC shall call and conduct all meetings
in accordance with the NM Open Meetings Act.
         Section 5.11. Two-Thirds Majority. A two-thirds majority vote of the then seated NAS-
LC GC shall be required for the following: amendment of the NAS-LC GC bylaws, amendment
of the NAS-LC charter, approval of any charter renewal application, or a decision to terminate
the charter contract with the Public Education Commission.
         Section 5.12. Rules of Order. Meetings shall be conducted in accordance with
established parliamentary procedures. In the event of a question of order, NAS-LC GC may rely
upon Roberts’ Rules of Order, Newly Revised as useful guidelines in resolving the issue or other
rules of order formally recognized by NAS-LC GC.
        Section 5.13. Actions of the Governing Council. No action of NAS-LC GC shall be
considered legal or binding unless approved by an affirmative vote of a majority of a quorum at a
regular or special meeting of NAS-LC GC. Said action to be binding shall be recorded in the
official minutes of NAS-LC GC.




                                                5
VI. OFFICERS
        Section 6.1. Officers. The officers of NAS-LC GC shall be one President, Vice-
President, one Treasurer and one Secretary and such other Officers as may be elected by a
majority vote of the NAS-LC Members during the Annual Meeting. The NAS-LC GC may elect
or appoint such other Officers as it deems desirable and shall have the authority and perform the
duties prescribed, from time to time, by the NAS-LC GC.
        Section 6.2. Elections and Term of Office. All Officers shall be elected each year by
NAS-LC GC at its Annual Meeting for terms of one (1) year, with a two (2) term maximum.
Officers’ terms shall commence immediately following the Annual Meeting NAS-LC GC.
    Section 6.3. Resignations and Removal. Any Officer may resign at any time by giving
written notice to the President or to the Secretary, and, unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective. Any Officer may be
removed by NAS-LC GC whenever in its judgment he/she fails to perform the duty of office or
such other duties as appointed by NAS-LC GC and the best interests of the School would be
served thereby.
        Section 6.4. Vacancies. A vacancy in any office may be filled by NAS-LC GC for the
unexpired portion of the term of the Officer being replaced.
        Section 6.5. President. The President of the NAS-LC GC shall preside at all meetings
and shall appoint committees with approval of the NAS-LC GC. He/She shall have the right, as
other members of the NAS-LC GC, to make or second motions, to discuss questions, and to vote.
The President of the NAS-LC GC may not act for or on behalf of the NAS-LC GC without prior
specific authority from a majority of the NAS-LC GC to do so. All communications addressed
to the President shall be considered by him or her for appropriate action, which consideration
may include consulting with legal counsel, and consideration by the NAS-LC GC. The President
shall sign documents as required by law and perform such other duties as may be prescribed by
the NAS-LC GC. It is the President’s responsibility to ensure that NAS-LC GC members uphold
their commitments/responsibilities to the school. The President is responsible for compiling the
topics for business to be placed on the agenda. Any member of the NAS-LC GC may offer items
to be heard or discussed at any meeting of NAS-LC GC.
        Section 6.6 Vice President. The Vice-President shall perform the duties of the
President in the absence of the President or at the request of the President. In the event a
vacancy occurs in the presidency, the Vice-President will act in the capacity of the president until
the office has been filled by a vote of the NAS-LC GC.
        Section 6.7 Treasurer. The Treasurer shall be familiar with the fiscal affairs of the
School and keep NAS-LC GC informed thereof in the event that the School’s Business Manager
is unable to so act. He/She will have knowledge of public school finance laws, rules and policies
and shall serve as the Chairperson of the NAS-LC Finance Committee. He/She shall attend the
PED Spring Budget Workshop and/or any other financial regulatory training recommended by
the Principal or the Business Manager.
        Section 6.8 Secretary. The Secretary shall keep the minutes of the NAS-LC GC
meetings, ensure that all notices are given in accordance with the provisions of the charter, NAS-
LC GC policies and as required by law; shall countersign, when required, all documents as
required by law; and in general perform all duties incident to the office of Secretary and such
other duties as from time to time may be assigned to the Secretary by the NAS-LC GC. NAS-LC
GC may appoint a designee to assist with the responsibilities of the Secretary as described
herein, including recording and transcribing the minutes of the meetings, posting notices and


                                                 6
agendas and preparing packets for the NAS-LC GC’s review. NAS-LC GC Secretary will
review the minutes prior to presentation to NAS-LC GC for approval. The Secretary shall be
responsible for presenting the minutes to NAS-LC GC at meetings.

VII. COMMITTEES.
        Section 7.1. Committees. NAS-LC GC may, by majority vote of a quorum, designate
and appoint one or more committees of NAS-LC GC, which shall perform the responsibilities as
determined by a resolution appointing the committee. Committees may be designated as
standing committees or ad hoc committees as determined necessary by a majority of NAS-LC
GC. Members of the committees shall be named by appointment of NAS-LC GC or its designee.
No such committee shall have the authority to: amend, alter or repeal the NAS-LC GC bylaws,
the schools charter or any other agreement, contract or resolution of the NAS-LC GC; to elect,
appoint or remove any member of any such committee or any NAS-LC GC Member or Officer
of NAS-LC GC. No committee shall have the authority to approve policy or take action on
behalf of NAS-LC GC; all such committees shall act only in an advisory capacity to NAS-LC
GC and without final authority to bind the charter school or NAS-LC GC.
        Section 7.2. Finance Committee. NAS-LC GC’s Finance Committee has a vital role in
keeping NAS-LC GC apprised of the charter school’s business affairs and financial condition.
                A. Appointments and Composition: The members of the finance committee shall
be the Treasurer of the NAS-LC GC who shall serve as the chair, the NAS-LC GC Business
Manager and at least one other member who is a non-NAS-LC GC employee who is selected by
the Treasurer and business manager and approved by NAS-LC GC. It is contemplated that a
representative from New America School, a Colorado non-profit corporation (“NAS”) shall
serve on this committee for as long as NAS contracts with NAS-LC for management services.
                B. Responsibilities
                   • Prepare and maintain the annual budget for the charter school in
                       collaboration with the Principal;
                   • Also in collaboration with the Principal, develop and annually revise a
                       long-term financial forecast;
                   • Review all grant proposals and when necessary, make recommendations to
                       the council;
                   • Prepare all Budget Adjustment Requests (BAR) and present with
                       recommendations to the Governance Council as necessary;
                   • Represent the School throughout all phases of the annual audit; and
                   • Review business manager’s required reports and make recommendations
                       to the NAS-LC GC regarding the reports as necessary.
            Section 7.3. Nominating Committee. NAS-LC GC’s Nominating Committee is
appointed by and responsible to the NAS-LC GC to assume the primary responsibility for
matters pertaining to NAS-LC GC member recruitment, nominations, orientation, training, and
evaluation in accordance with the NAS-LC GC polices and bylaws as well as established policies
and practices approved by the NAS-LC GC.
            Section 7.4. School Advisory Council. NAS-LC GC shall appoint a committee of
students, parents, community members and teachers to provide input to NAS-LC GC on issues
such as school environment, educational program and opportunities, budgeting, and any other
matter that may be designated by a resolution of NAS-LC GC.



                                              7
             Section 7.5. Term of Office. Each member of a committee shall continue as such
until the next Annual Meeting of NAS-LC GC or until the member’s successor is appointed,
unless the committee is sooner terminated, such member is removed from the committee, or the
member ceases to qualify as a member.
             Section 7.6. Chair. One member of each committee shall be appointed Chair of
such committee by the NAS-LC GC. The Chair shall call, conduct and cause minutes to be
prepared for each committee meeting.
             Section 7.7. Vacancies. Vacancies in the membership of any committee may be
filled by appointments made in the same manner as provided in the case of the original
appointments.
             Section 7.8. Rules. Each committee may adopt rules for its own government not
inconsistent with the NAS-LC GC resolution creating the committee, these Bylaws, or the NAS-
LC charter. The committee shall comply with the New Mexico Open Meetings Act when its
activities involve policy development or other discussions of school business.

VIII. BOOKS & RECORDS.
        Section 8.1. Minutes. Minutes of all meetings of NAS-LC GC will be kept in
accordance with the New Mexico Open Meetings Act. The minutes shall include a record of
actions taken including actions on policy, positions of the NAS-LC GC, resolutions, rule, or any
other formal action of the NAS-LC GC. As required by law, all minutes and other records of
meetings of the NAS-LC GC shall be public documents and open to public inspection in
accordance with the New Mexico Inspection of Public Records Act. NMSA 1978 §§ 14-2-1 et
seq. (“IPRA”)
        Section 8.2. Books and Records. NAS-LC GS shall keep all records required by law
and these Bylaws, minutes of NAS-LC GS and all committees, its financial books and records,
and the names and addresses of the NAS-LC GS at the administrative offices of the charter
school. To the extent required or permitted by law, all records of NAS-LC GS shall be public
documents and open to public inspection in accordance with the IPRA. Student records,
personnel records and any other records protected by IPRA, the Family Educational Rights and
Privacy Act, 20 U.S.C. § 1232g; or other privacy laws shall be open only to the extent, and to the
persons, permitted by such laws.

IX. CONTRACTS, CHECKS, DEPOSITS AND GIFTS.
       Section 9.1. Contracts. NAS-LC GC may authorize any Officer or Member, agent or
agents of NAS-LC GC, in addition to the Officers so authorized by these Bylaws, to enter into
any contract or execute and deliver any instrument in the name of and on behalf the charter
school. Such authority may be general or confined to specific instances.
       Section 9.2. Checks, Drafts, Etc. All checks, drafts or orders for the payment of money
from school funds issued in the name of NAS-LC, shall be signed by such Officer or Officers,
agent or agents of the charter school as determined by NAS-LC GC in such manner as shall from
time to time be determined by resolution and policy of NAS-LC GC. In the absence of such
determination by NAS-LC GC, such instruments shall be signed by the Treasurer and
countersigned by either the President or Vice-President of NAS-LC GC. No Officer or agent of
the charter school has authority to pledge funds of the charter school in any matter which is not
(a) provided for in a formal budget of the school or (b) approved by proper advance vote of
NAS-LC GC.


                                                8
       Section 9.3. Gifts. NAS-LC GC may accept on behalf of the charter school any
contribution, gift, bequest or devise for the general purpose or for any special purpose of the
charter school so long as consistent with the Charter Schools Act and New Mexico public
finance laws. All gifts whether directly to NAS-LC GC or the charter school shall become
property of the charter school.
       Section 9.4. Proxies. No vote on actions of NAS-LC GC may be taken by proxy.

X. LEGAL COMPLIANCE/MEMBER TRAINING.
         Section 10.1. General Standards of Conduct. Each NAS-LC GC Member shall
discharge the Members’ duties as a NAS-LC GC Member, including a Members’ duties as a
NAS-LC GC’s committee member, and each Officer shall discharge the Officer’s duties, (i) in
good faith, (ii) with the care an ordinarily prudent person in a like position would exercise under
similar circumstances, and (iii) in a manner the Officer or Member reasonable believes to be in
NAS-LC best interest.
         Section 10.2. Duty to be Informed. NAS-LC must comply with all applicable federal,
state (to the extent such provisions have not been waived by the department), and local laws and
regulations as well as the terms and conditions of its charter. NAS-LC GC Members must
familiarize themselves with the following key provisions of New Mexico laws in order to ensure
that the charter school is in compliance:
             • Charter School Act (NMSA 1978 §§ 22-8B-1 et seq.)
             • School Personnel Act (NMSA 1978 §§ 22-10A-1 et seq.);
             • Procurement Code (NMSA 1978 §§ 13-1-1 et. seq.);
             • Open Meetings Act (NMSA 1978, §§ 10-15-1 et seq.);
             • Public School Finance Act (NMSA 1978 §§22-8-1 et seq.);
             • Applicable rules and regulations issued by the New Mexico Public Education
                 Department (“PED”) (contained in Title 6 of the New Mexico Administrative
                 Code).
         Section 10.3. Member Training. Each new Member of NAS-LC GC will undergo
orientation training within six (6) months of approval of the charter application. Such orientation
and training will include:
             • Charter School Act (NMSA 1978 §§ 22-8B-1 et seq.)
             • School Personnel Act (NMSA 1978 §§ 22-10A-1 et seq.);
             • Procurement Code (NMSA 1978 §§ 13-1-1 et. seq.);
             • Open Meetings Act (NMSA 1978, Sections 10-15-1 et seq.);
             • Public School Finance Act (NMSA 1978 §§22-8-1 et seq.);
             • Introduction to the applicable rules and regulations issued by the New Mexico
                 Public Education Department (“PED”) (contained in Title 6 of the New Mexico
                 Administrative Code);
             • Roles and responsibilities of GC Members;
             • Principal/GC relationship; and
             • Such other topics as determined by NAS-LC CG.
         All members of the GC will participate in at least two trainings each year for the first
three years of the term of the charter. Thereafter, the GC will participate in at least one
professional development training each year. These trainings will include but not be limited to:



                                                9
respecting roles and responsibilities, liabilities, ethics, school finance, budget process,
procurement code, the Open Meeting Act, role and relation to the authorizer, the charter school
landscape as well as strategic planning, the cost of which will be borne by the school.
         Section 10.4. Self-Evaluation. NAS-LC GC will annually evaluate itself as a whole
using a constructive 360-degree process focusing on governance improvement, effectiveness and
efficiency.
         Section 10.5. Nondiscrimination. NAS-LC GC shall not discriminate against any
student, employee parent, community member, or volunteer on the basis of race, age, religion,
color, national origin, ancestry, sex, physical or mental handicap, serious medical conditions
sexual orientation or gender identity with respect to his/her rights, privileges, programs,
activities, and/or in the administration of NAS-LC’s its educational programs and
athletics/extracurricular activities.

XI. INDEMNIFICATION.
         Section 11.1. Indemnification. To the extent permitted or required by New Mexico
Law, if any Member or Officer of NAS-LC GC is made a party to or is involved in (for example
as a witness) any proceeding because such person is or was a Member of NAS-LC GC, NAS-LC
(i) shall indemnify such person from and against any judgments, penalties, fines, amounts paid in
settlement and reasonable expenses (including but not limited to expenses of investigation and
preparation, and fees and disbursements of counsel, accountants or other experts) incurred by
such person in such proceeding, and (ii) shall advance to such person expenses incurred in such
proceeding except where the Member’s involvement is caused by his/her intentional misconduct
or malicious or reckless actions.
         Member shall mean a member or former member of NAS-LC GC who is serving or who
has served in accordance with the selection of such member or officer as described in these
Bylaws. Proceeding shall mean any threatened, pending or completed action, suit, or proceeding
whether civil or criminal, administrative or investigative , and whether formal or informal.
         Section 11.2. Additional Insurance

XII. AMENDMENTS.
        Section 12.1. Amendments. Amendments to NAS-LC GC Bylaws and amendments to
the NAS-LC charter shall be made by a two-third’s majority vote of the Members during a
meeting at which a quorum is present provided that the meeting is properly noticed in
accordance with Section 5.5.
        Section 12.2. Notice of Proposal - Advance Reading - Waiver. Proposed amendments
shall be read at a public meeting not less than thirty (30) days before taking a vote to amend,
unless such reading is waived or the period for review is shortened by unanimous consent of the
Members present.
        Section 12.3. Approval of Amendments by PEC. Amendments that affect the material
terms of the charter shall be presented to the Public Education Commission for approval in
accordance with the procedures adopted by the PEC and/or its staff and NAS-LC GC.
        Section 12.4. Limitation on Amendments. No amendment to these Bylaws may in any
way alter, amend, or controvert any provision of the charter contract.




                                               10
XIII. CONFLICTS OF INTEREST.
        Section 13.1. Conflict of Interest Definition. A conflict of interest transaction means a
transaction or other financial relationship between NAS-LC and a member of NAS-LC GC or
between NAS-LC and a party related to a member of NAS-LC GC, or between NAS-LC and an
entity (“related entity) in which a Member of NAS-LC GC has a financial interest. For purpose
of this Article, “party related to a Member” shall mean a spouse, a domestic partner, a
descendent, an ancestor, a sibling, the spouse or descendent of a sibling, an estate or trust in
which the Member or a party related to a Member has a beneficial interest, or an entity in which
a party related to a Member is a Director, Officer, or has a financial interest.
        The following situations have the potential for being an actual conflict of interest and
must be avoided unless the NAS-LC GC Member has brought the issue before NAS-LC GC for
consideration and it voted to approve the transaction in an open meeting:
                A. Hiring or the Principal’s hiring of a party related to a member, whether full-
                    time or part-time;
                B. Acquiring, leasing, selling any property, facilities, materials, or contract
                    services (e.g., financial, legal, public relations, and computer) by NAS-LC
                    under circumstances in which there is direct or indirect compensation to a
                    Member of the NAS-LC GC or a party related to a member or a related entity
                    of the member;
                C. Using confidential information acquired by virtue of their associations with
                    the NAS-LC for their individual or another's private gain;
                D. Requesting or receiving and accepting a gift or loan for themselves or another
                    that tends to influence them or appear to influence them in the discharge of
                    their duties as a Member of NAS-LC- GC; or
                E. Influencing or having the appearance of influencing business with suppliers to
                    NAS-LC, which results in the financial benefit to a Member of NAS-LC GC,
                    a party related to a member or a related entity.
        Section 13.2. Disclosure. Members shall disclose any known present or potential
conflicts of interest, which disclosure shall be reduced to writing, to the NAS-LC GC prior to or
at the time set for voting on any conflicting interest transaction. Written disclosures shall be
attached to the minutes of the meeting at which, or the first meeting after, such disclosure has
been made.
        Section 13.3 Voidability of Conflicting Interest Transactions. No conflicting interest
transaction shall be void or voidable or set aside because the conflicting interest transaction
involves a Member of NAS-LC GC solely because the Member is present at or participates in the
meeting of NAS-LC GC where NAS-LC GC authorizes, approves or ratifies the conflicting
interest transaction, if:
                A. The material facts as to the Member’s relationship or interest and as to the
conflicting interest transaction are disclosed in a public meeting, and the conflicting interest
transaction is specifically authorized, approved, or ratified in good faith by a vote of the
disinterested Members entitled to vote thereon;
                B. The continued membership of the Member or any other Member on the NAS-
LC GC will not be biased or influenced by approval of the transaction; and
                C. The conflicting interest transaction is in the best interest of NAS-LC
        Section 13.4 Approval of Conflicting Interest Transactions. Members with
conflicting interests may be counted as present for purposes of determining a quorum to act and


                                               11
may discuss such transactions in public session. Members with conflicting interests shall not
vote on such transactions. Failure to abide by this provision may constitute grounds for removal
of a director.
        THE FOREGOING bylaws were duly adopted by the New America School – Las Cruces
Governing Council on this ___ day of ____2012, a meeting held in accordance with the New
Mexico Open Meetings Act.

                                            NEW AMERICA SCHOOL – LAS CRUCES



                                            By: ___________________________________
                                                   Governing Council President
Attest:


____________________________________
          Governing Council Secretary




                                              12
          PROFESSIONAL SERVICES AGREEMENT (DRAFT)                        Appendix F

        THIS AGREEMENT, with all exhibits hereto (“Agreement”) is made this ____ day of
_________________, 20__, by and between New America school-Las Cruces, a New Mexico
public charter school (“NAS-LC”), and New America School, a Colorado non-profit corporation
exempt under Internal Revenue Code Section 501(c)(3) (“Nonprofit”).

                                          RECITALS

     WHEREAS, NAS-LC’s charter was approved by the New Mexico Public Education
Commission with certain conditions on ----------------------; and

        WHEREAS, the Nonprofit operates charter schools in Colorado utilizing a mission and
vision similar to that of NAS-LC as described in the NAS-LC charter; and

        WHEREAS, the NAS-LC charter provides for a contractual arrangement with the
Nonprofit for the purpose of ensuring that NAS-LC’s mission and vision as described in the
charter is implemented successfully, and that all financial and business operations of the school
are conducted in compliance with applicable laws and the charter; and

        WHEREAS, the Nonprofit employs highly successful, experienced educational and
financial leaders who were instrumental in the development of the NAS model, mission and
vision in the Colorado New America Schools; and

       WHEREAS, NAS-LC seeks to contract with the Nonprofit to advise, assist with
oversight, guide, train and support the NAS-LC governing body as well as the school’s
leadership and teachers, pursuant to NMSA 1978 § 13-1-125(B)(2007).

      NOW THEREFORE, in consideration for the mutual promises, agreements and
covenants contained herein, IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

1.     Scope of Work.
       The Nonprofit shall provide experienced and professional management consulting
       services to NAS-LC. The Nonprofit shall assist NAS-LC with oversight, experienced
       guidance on all matters of administration of a public school, training in areas of
       administration, curriculum, personnel and such other matters necessary for NAS-LC to
       successfully implement the charter. The Nonprofit shall support and advise the NAS-LC
       Governing Council and shall provide teacher training in the NAS educational model. The
       Governing Council shall at all times have control over the governance of the school.

       The Nonprofit shall appoint a “Superintendent” to collaborate and consult with NAS-LC
       with regard to the operations of NAS-LC. The Superintendent or his/her designee shall
       report directly to the NAS-LC Governing Council on the status of services provided
       under this Agreement. The Nonprofit, through the Superintendent, will provide NAS-
       LC’s Principal with ongoing counsel and mentorship. The Nonprofit shall provide
       screening and recruitment services and professional recommendations for hiring NAS-
     LC’s Principal. The Nonprofit shall develop a Principal evaluation model, and provide
     input during the Principal’s review process by the Governing Council.               The
     Superintendent will hold bi-weekly meetings with the Principal to discuss operational
     issues, student achievement, personnel concerns, monitoring school improvement targets
     and other compliance requirements. The Nonprofit shall counsel the NAS-LC Principal
     in his/her recruitment of highly qualified teachers and experienced staff. The Nonprofit
     shall consult with NAS-LC, shall assist developing, implementing and analyzing
     assessments for school performance, short/long term strategic planning, and policies for
     school operations.

     The Nonprofit shall consult with the NAS-LC Governing Council and the School’s
     Business Manager and shall assist in the development of policies and procedures for a
     comprehensive financial management and accounting system tailored to New Mexico
     public school finance laws. The Nonprofit will assist the Governing Council in
     understanding public school finance laws and rules so that the Governing Council will be
     competently prepared to employ the necessary level of scrutiny to all business
     transactions by staff. The Nonprofit shall facilitate communication between NAS-LC
     and the governing bodies of the New America Schools in Colorado, and shall offer an
     informal network of support amongst the governing bodies of the NAS schools with
     regard to similar and common issues.

     The Nonprofit shall assist NAS-LC in locating and developing school facilities and shall
     act as liaison between NAS-LC and applicable state/local authorities in securing and
     developing appropriate school facilities which meet E-occupancy and public school
     adequacy requirements in a timely manner.

     The Nonprofit shall at all times adhere to New Mexico law and the NAS-LC charter
     provisions in carrying out the Scope of Work. The primary parties responsible for the
     Scope of Work are Dominic DiFelice, who shall act as Superintendent, and Craig Cook,
     who shall be responsible for facilities and business/financial matters. The Nonprofit may
     utilize other personnel as appropriate and necessary. The Nonprofit shall not have to
     perform any act which jeopardizes its status as a 501(c)(3) organization.

2.   Compensation.

     A.     NAS-LC shall pay the Nonprofit in full payment for services satisfactorily
            performed pursuant to the Scope of Work, at the hourly rate of $70.00 per hour.
            NAS shall pay reimbursable expenses to include airfare (coach class) and printing
            of materials and postage, if required, actual expenses not to exceed the following:
            $49/day – meals/incidentals, $110/night – lodging, $40/day – rental car, and
            mileage at .32 per mile or at the approved rate in accordance with the New
            Mexico Mileage and Per Diem Act. The total amount payable to the Nonprofit
            pursuant to this Agreement, including reimbursable expenses, shall not exceed
            $50,000, excluding applicable taxes.




                                             2
     B.      The Nonprofit shall invoice NAS-LC monthly for services performed and
             expenses incurred. NAS-LC shall pay the Nonprofit upon receipt of a detailed
             statement of accounting for services performed and expenses incurred hereunder,
             that has been approved by appropriate NAS-LC personnel.

     C.      Within fifteen (15) days after the date that NAS-LC receives written notice from
             the Nonprofit that payment is requested for services, NAS-LC shall issue a
             written certification of complete or partial acceptance or rejection of the services.
             If NAS-LC finds that the services are not acceptable, using reasonable discretion,
             it shall, within thirty (30) days after the receipt of written notice from the
             Nonprofit that payment is requested, provide to the Nonprofit a letter of exception
             explaining the objection to the services along with details of how the Nonprofit
             may proceed to provide remedial action. Upon certification by NAS-LC that the
             services have been received and accepted, payment shall be tendered to the
             Nonprofit within thirty (30) days after the date of certification. If payment is
             made by mail, the payment shall be deemed tendered on the date it is postmarked.
             After the thirtieth day from the date that written certification of acceptance is
             issued, late payment charges shall be paid on the unpaid balance due on the
             contact to the Nonprofit at the rate of 1.5% per month.

3.   Term.

     THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY
     THE NAS-LC GOVERNING COUNCIL. This Agreement shall terminate on June 30,
     20__, unless terminated pursuant to paragraph 4, infra, or paragraph 5. Upon agreement
     of both parties, and contingent upon fiscal funding, this Agreement may be renewed for
     up to three (3) additional one-year terms if such renewal is found to be in the best
     interests of NAS-LC. Any such extensions shall be communicated in a written document
     memorializing the extension, signed by both parties.

4.   Termination.

     A. Termination.
        This Agreement may be terminated by either of the parties hereto upon written notice
        delivered to the other party at least ten (10) days prior to the intended date of
        termination. By such termination, neither party may nullify obligations already
        incurred for performance or failure to perform prior to the date of termination. This
        Agreement may be terminated immediately, with written notice, if the Nonprofit
        becomes unable to perform the services contracted for, or if there’s a breach of the
        Agreement or if, during the term of this Agreement, the Nonprofit or any of its
        officers, employees or agents is indicted for fraud, embezzlement or other crime due
        to misuse of state funds or due to the Appropriations paragraph herein, or if there is a
        breach of this Agreement which is not cured within fifteen (15) days of notice of such
        breach, or within such other time as the parties may agree. THIS PROVISION IS
        NOT EXCLUSIVE AND DOES NOT WAIVE NAS-LC’S OTHER LEGAL




                                               3
        RIGHTS   AND   REMEDIES    CAUSED                    BY      THE     NONPROFIT’S
        DEFAULT/BREACH OF THIS AGREEMENT.

     B. Termination Management.
        Immediately upon receipt by either NAS-LC or the Nonprofit of notice of termination
        of this Agreement, the Nonprofit shall: 1) not incur any further obligations for
        salaries, services or any other expenditure of funds under this Agreement without
        written approval of NAS-LC; 2) comply with all directives issued by NAS-LC in the
        notice of termination as to the performance of work under this Agreement; and 3)
        take such action of NAS-LC shall direct for the protection, preservation, retention or
        transfer of all property titled to NAS-LC and client records generated under this
        Agreement and any non-expendable personal property or equipment purchased by the
        Nonprofit with contract funds shall become property of the NAS-LC upon
        termination. On the date the notice of termination is received, the Nonprofit shall
        furnish to NAS-LC a complete, detailed inventory of non-expendable personal
        property purchased with funds provided under the existing and previous NAS-LC
        agreements with the Nonprofit, the property listed in the inventory report including
        client records, and a final closing of the financial records and books of accounts
        which were required to be kept by the Nonprofit under the paragraph of this
        Agreement regarding financial records.

5.   Appropriations.
     The terms of this Agreement are contingent upon sufficient appropriations with
     authorizations being made by the Legislature of New Mexico to NAS-LC           for the
     performance of this Agreement. If sufficient appropriations and authorizations are not
     made by the Legislature and/or NAS-LC, this Agreement shall terminate, without
     liability, immediately upon written notice being given by NAS-LC to the Nonprofit. If
     NAS-LC proposed an amendment to the Agreement to unilaterally reduce funding, the
     Nonprofit shall have the option to terminate the Agreement or agree to the reduced
     funding, within thirty (30) days of receipt of the proposed amendment.

6.   Status of Nonprofit.
     The Nonprofit and its agents and employees are independent contractors performing
     professional services for NAS-LC and are not employees of NAS-LC or the State of New
     Mexico. The Nonprofit and its agents and employees shall not accrue leave, retirement,
     insurance, bonding, use of state vehicles, or any other benefits afforded to employees of
     NAS-LC or the State of New Mexico as a result of this Agreement. The Nonprofit is
     responsible for paying any taxes applicable to it.

7.   Assignment.
     Neither party shall not assign or transfer any interest in this Agreement or assign any
     claims for money due or to become due under this Agreement without the prior written
     approval of the other party.




                                             4
8.    Subcontracting.
      The Nonprofit shall not subcontract any portion of the services to be performed under this
      Agreement without the prior written approval of NAS-LC.

9.    Release.
      The Nonprofit’s acceptance of final payment of the amount due under this Agreement
      shall operate as a result of NAS-LC, its officers and employees, and the State of New
      Mexico from all liabilities, claims and obligations whatsoever arising from or under this
      Agreement. The Nonprofit agrees not to purport to bind NAS-LC or the State of New
      Mexico unless the Nonprofit has express written authority to do so, and then only within
      the strict limits of that authority.

10.   Confidentiality.
      Any confidential information provided to or developed by the parties in the performance
      of this Agreement shall be kept confidential and shall not be made available to any
      individual or organization by the parties without the prior written approval of the other
      party. The Nonprofit agrees to comply with all federal and state privacy laws relating to
      records and information maintained by NAS-LC, including but not limited to FERPA.

11.   Products of Service – Copyright.
      All materials developed or acquired by the Nonprofit under this Agreement shall become
      the property of NAS-LC and shall be delivered to NAS-LC no later than the termination
      date of this Agreement. Nothing produced, in whole or in part, by the Nonprofit under
      this Agreement shall be the subject of an application for copyright or other claim of
      ownership by or on behalf of the Nonprofit.

12.   Conflict of Interest.
      The Nonprofit warrants that it presently has no interest and shall not acquire any interest,
      direct or indirect, which would conflict in any manner or degree with the performance or
      services required under the Agreement. The Nonprofit certifies that the requirements of
      the Governmental Conduct Act, NMSA 1978 §§ 10-16-1 through 10-16-18, regarding
      contracting with a public officer or state employee have been followed.

13.   Amendment.
      This Agreement shall not be altered, changed or amended except by instrument in writing
      executed by the parties hereto.

14.   Merger.
      This Agreement incorporates all the agreements, covenants and understandings between
      the parties hereto concerning the subject matter hereof, and all such covenants,
      agreements and understandings have been merged into this written Agreement. No prior
      agreement or understanding, oral or otherwise, of the parties or their agents shall be valid
      or enforceable unless embodied in this Agreement.




                                               5
15.   Penalties.
      The Procurement Code, NMSA 1978 §§ 13-1-28 through 13-1-199 imposes civil and
      criminal penalties for its violation. In addition, the New Mexico criminal statutes impose
      felony penalties for illegal bribes, gratuities and kickbacks.

16.   Equal Opportunity Compliance.
      The Nonprofit agrees to abide by all federal and state laws and rules and regulations, and
      the executive orders of the Governor of the State of New Mexico, pertaining to equal
      employment opportunity. In accordance with all such laws of the State of New Mexico,
      the Nonprofit agrees to assure that no person in the United States shall, on the grounds of
      race, religion, color, national origin, ancestry, sex, age or handicap, be excluded from
      employment with or participation in, be denied the benefits of, or be otherwise subjected
      to discrimination under any program or activity performed under this Agreement. If the
      Nonprofit is found not to be in compliance with this requirement during the life of this
      Agreement, the Nonprofit agrees to take appropriate steps to correct these deficiencies.

17.   Applicable Law.
      The laws of the State of New Mexico shall govern this Agreement.

18.   Workers Compensation.
      The Nonprofit agrees to comply with state laws and rules applicable to workers
      compensation benefits for its employees. If the Nonprofit fails to comply with the
      Workers Compensation Act and applicable rules when required to do so, this Agreement
      may be terminated by NAS-LC.

19.   Records and financial Audit.
      The Nonprofit shall maintain detailed time and expenditure records that indicate the date;
      time, nature and cost of services rendered during the Agreement’s term and effect and
      retain them for a period of three (3) years from the date of final payment under this
      Agreement. The records shall be subject to inspection by NAS-LC, the State Department
      of finance and Administration and the State Auditor. NAS-LC shall have the right to
      audit billings both before and after payment. Payment under this Agreement shall not
      foreclose the right of the NAS-LC to recover excessive or illegal payments.

20.   Indemnification.
      To the extent permitted by New Mexico and/or Colorado law, the Nonprofit shall defend,
      indemnify and hold harmless NAS-LC from all actions, proceeding, claims, demands,
      costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any
      source which may arise out of the performance of this Agreement., caused by the
      negligent act or failure to act of the Nonprofit, its officers, employees, servants,
      subcontractors or agents, or if caused by the actions of any client of the Nonprofit
      resulting in injury or damage to persons or property during the time when the Nonprofit
      or any officer, agent, employee, servant or subcontractor thereof has or is performing
      services pursuant to this Agreement. In the event that any action, suit or proceeding
      related to the services performed by the Nonprofit or any officer, agent, employee,
      servant or subcontractor under this Agreement is brought against the Nonprofit, the



                                               6
      Nonprofit shall, as soon as practical but no later than two (2) days after it receives notice
      thereof, notify the legal counsel of NAS-LC by certified mail.

21.   Notices.
      Any notice required to be given to either party by this Agreement shall be in writing and
      shall be delivered in person, by courier service or by U.S. mail, either first class or
      certified, return receipt requested, postage prepaid, as follows:

      To NAS-LC:                                    To the Nonprofit:
      Governing Council President                   Dominic DiFelice
      New America school-Las Cruces                 New America School
      Address                                       925 S Niagara St
      City, State, Zip Code                         Denver, Colorado 80224
      Telephone                                     303-894-3161
      E-Mail Address                                ddifelice@newamericaschool.org

22.   Disclosures.
      The Nonprofit agrees to comply with the campaign contribution disclosure requirements
      of NMSA 1978, § 13-1-191.1(2006) and execute the Campaign Contribution Disclosure
      Form required by the State of New Mexico, attached hereto as Ex. A.

23.   Authority.
      Each party signing below represents that he/she has all required authority to represent
      his/her respective organization/entity, and to execute this Agreement on behalf of that
      organization/entity.

IN WITNESS WHEREOF, parties have executed this Agreement as of the date of signature by
NAS-LC as stated below.

NEW AMERICA SCHOOL – LAS CRUCES

By:___________________________________                      Date:_________________________

Its:___________________________________

NEW AMERICA SCHOOL

By:___________________________________                      Date:_________________________

Its:___________________________________




                                               7
                      Standards for Principal Evaluation                      Exhibit 1



   1. Visionary

The principal is an educational leader who believes, facilitates and champions student
success for all

Indicators
       o The vision and mission are developed with a broad spectrum of stakeholder
           input
       o The vision, mission and implementation plans are frequently monitored
           evaluated and revised
       o The vision and mission are effectively articulated to students, staff, and
           community
       o The vision and mission direct the programs and school improvement plans
       o There is a culture of continuous school improvement
       o The school culture is one of collaboration and inclusion
       o There is a culture of high expectations for self, staff and students


   2. Student Success


The principal is an educational leader who promotes the development and
implementation of instructional practices that foster teaching and learning


Indicators
       o Professional development opportunities are relevant and focused to support
           the vision and the mission
       o Obstacles to student success are identified and program modifications
           addressed
       o Student supports are established to ensure equity of opportunities and
           outcomes for all students
       o Best practices for instructional methodologies are incorporated in daily
           classroom teaching, including project based learning, the use of technologies,
           and sheltered instruction with scaffolding
       o There is a culture on the reliance of data to shape strategies to improve student
           achievement
       o Student success is recognized and celebrated
   3. Safe and welcoming learning environment
The principal is an educational leader who works with staff, students and community to
ensure a safe, caring, effective and nurturing learning environment

       o A school code of behavior is developed by staff, students and community and
         reflects respect for self and others
       o Student misconduct is dealt with promptly and fairly
       o Staff are professional in their conduct, appearance and manner
       o The school and school grounds are safe, clean, and welcoming to students,
         staff and community
       o Anti-bullying, and other safe school programs are in place to support the
         school code of behavior
       o Students are integral in effective conflict resolution situations and peer
         mediation


   4. Quality Staff
The principal is an educational leader who cultivates continuous improvement in self and
others

       o A teacher performance appraisal plan is developed to support teaching and
         learning
       o Professional learning communities are established to promote discussion,
         research, and study of best practices to promote student achievement based on
         current research and theory
       o Hiring practices support and align with the vision and mission of the school
       o Induction and development of programs and opportunities for new teachers
         are established
       o An annual school improvement plan is developed to outline areas of focus,
         strategies to achieve the goals, timelines, responsibility, resources required
         and indicators of success
       o Is a proponent of life long learning for self and others
       o Models integrity, professionalism, and high standards
       o Resource allocation decisions are rooted in improving student achievement
         and closing the achievement gap
   5. Operational Management
The principal is an educational leader who uses leadership, instructional and management
skills to develop and implement effective and efficient school polices and procedures


       o Accountability measures are in place to monitor and review: school budgets,
         facilities, student achievement data, teacher performance appraisals, and
         assistant principal evaluation
       o School operational polices and procedures are designed and managed to
         maximize student achievement
       o Participates and supports the established areas of focus committees:
         curriculum, assessment and evaluation, safe schools, professional
         development, student supports, and retention and recruitment of students
       o Accepts responsibility for all school operations
       o Develops a tri-partnership relation among students, parents/guardian and
         school
       o Sensitive and responsive to the diversity of students and community
       o Fulfills all legal, state and contractual obligations
       o Listens actively and effectively responds to staff, students, and community
         concerns
       o Develops effective interpersonal relationships with students, staff and
         community in an open and honest manner
       o Is a strong and credible ambassador for the school and the community
       o Actively seeks partnerships to support school initiatives
       o Treats others equitably, fairly and with respect and dignity
       o Is highly visible throughout the school




   6. Other Considerations
The following indicators include but are not exhaustive of the categories or dimensions
that will measure principal performance


       o Student retention from year to year of non graduating students
       o Absenteeism
o   Student achievement progress on internal and external measures
o   Dropouts
o   Graduation rates
o   Attrition rates for the periods:

         School opening to Oct1
         Oct 2 to March 31
         April 1 to school end
o   Staff morale
o   Student/ staff assessments
o   % enrolled based on eligible applicants through marketing campaign
o   School safety data: e.g. Suspension and expulsion data, prevention programs
o   Report card data
o   Budget management
                                      The New America School


                          TEACHER EVALUATION COVER SHEET
                                SCHOOL YEAR                         Exhibit 2


Teacher’s Name                                      School/Location:

Grade/Subject Area:                                 Hire Date (as shown on
                                                    attendance reports):

ESL Endorsed or Plan in                             Valid Colorado Teaching
                                                    Certificate:
Place:
Highly Qualified in all
teaching assignments:                               Observation date(s):

Continuing Education                                Pre-Observation Date:
Progress/Plan:
                                                    Post Observation Date:




Evaluator’s Name:
Evaluator’s Signature:                                                            Date:


Teacher’s Signature:                                                              Date:
Teacher’s Comments:             Attached    To Follow      None




PURSUANT TO CRS 22-60.5-203, THE OVERALL PERFORMANCE OF THIS                    Satisfactory
TEACHER FOR THIS EVALUATION PERIOD IS:
                                                                                Unsatisfactory
                                                The New America School


__________________________________________________________________________________


Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1a: Demonstrating Knowledge of Content
    Elements:
    Knowledge of Content
    Knowledge of prerequisite relationships
    Knowledge of content-related pedagogy

Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1b: Demonstrating Knowledge of Students
    Elements:
    Knowledge of characteristics of age group
    Knowledge of students’ varied approaches to learning
    Knowledge of students’ skills and knowledge
    Knowledge of students’ interests and cultural heritage

Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1c: Selecting Instructional Goals
    Elements:
    Value
    Clarity
    Suitability for diverse students
    Balance

Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1d: Demonstrating Knowledge of Resources
    Elements:
    Resources for teaching
    Resources for students

Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1e: Designing Coherent Instruction
    Elements:
    Learning activities
    Instructional materials and resources
    Instructional groups
    Lesson and unit structure

Domain 1: Planning and Preparation                                       Unsat.    Level 1   Level 2   Level 3   N/A
  Component 1f: Assessing Student Learning
    Elements:
    Congruence with instructional goals
    Criteria and standards
    Use for planning

                                      Narrative portion of the evaluation on next page.
                                                    The New America School


        SUPPORTING EVIDENCE/COMMENDATIONS/RECOMMENDATIONS (Additional Space on Back)
(This page is for a narrative description of the observation data, and examples recorded by the administrator during observations. The
narrative supports the conclusions drawn by the evaluator, and addresses specific Elements that are deemed unsatisfactory, or addresses
whole Domains/Components that are in the satisfactory range. Any commendations and recommendations should also be noted here.)
                                                 The New America School



EDUCATOR NAME:                                                                                 DATE:


Domain 2: The Classroom Environment                                        Unsat.    Level 1   Level 2   Level 3   N/A
  Component 2a: Creating an Environment of Respect & Rapport
    Elements:
    Teacher interaction with students
    Student interaction


Domain 2: The Classroom Environment                                        Unsat.    Level 1   Level 2   Level 3   N/A
  Component 2b: Establishing a Culture for Learning
    Elements:
    Importance of the content
    Student pride in work
    Expectations for learning and achievement


Domain 2: The Classroom Environment                                        Unsat.    Level 1   Level 2   Level 3   N/A
  Component 2c: Managing Classroom Procedures
    Elements:
    Management of instructional groups
    Management of transitions
    Management of materials and supplies
    Management of noninstructional duties
    Supervision of volunteers and paraprofessionals


Domain 2: The Classroom Environment                                        Unsat.    Level 1   Level 2   Level 3   N/A
  Component 2d: Managing Student Behavior
    Elements:
    Expectations
    Monitoring of student behavior
    Response to student misbehavior


Domain 2: The Classroom Environment                                        Unsat.    Level 1   Level 2   Level 3   N/A
  Component 2e: Organizing Physical Space
    Elements:
    Safety and arrangement of furniture
    Accessibility to learning and use of physical resources

                                        Narrative portion of the evaluation on next page.
                                                    The New America School


        SUPPORTING EVIDENCE/COMMENDATIONS/RECOMMENDATIONS (Additional Space on Back)
(This page is for a narrative description of the observation data, and examples recorded by the administrator during observations. The
narrative supports the conclusions drawn by the evaluator, and addresses specific Elements that are deemed unsatisfactory, or addresses
whole Domains/Components that are in the satisfactory range. Any commendations and recommendations should also be noted here.)
                                                  The New America School
EDUCATOR NAME:                                                                          DATE:


Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3a: Communicating Clearly and Accurately
    Elements:
    Directions and procedures
    Oral and written language

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3b: Using Questioning and Discussion Techniques
    Elements:
    Quality of questions
    Discussion techniques
    Student participation

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3c: Engaging Students in Learning
    Elements:
    Representation of content
    Activities and assignments
    Grouping of students
    Instructional materials and resources
    Structure and pacing

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3d: Providing Feedback to Students
    Elements:
    Quality: accurate, substantive, constructive, and specific
    Timeliness

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3e: Demonstrating Flexibility and Responsiveness
    Elements:
    Lesson adjustment
    Response to students
    Persistence

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3f: Using Student Assessment Data
    Elements:
    Criteria and standards as expectations for student performance
    Connecting assessment data to instructional decisions

Domain 3: Instruction                                                Unsat.   Level 1   Level 2   Level 3   N/A
  Component 3g: Using the NAS Lesson Plan
    Elements:
    Quality of Planning
    Lesson Plan Implementation
                                                    The New America School


                                         Narrative portion of the evaluation on next page.
        SUPPORTING EVIDENCE/COMMENDATIONS/RECOMMENDATIONS (Additional Space on Back)
(This page is for a narrative description of the observation data, and examples recorded by the administrator during observations. The
narrative supports the conclusions drawn by the evaluator, and addresses specific Elements that are deemed unsatisfactory, or addresses
whole Domains/Components that are in the satisfactory range. Any commendations and recommendations should also be noted here.)
                                                     The New America School




EDUCATOR NAME:                                                                             DATE:


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4a: Reflecting on Teaching
     Elements:
     Accuracy
     Use in future teaching


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4b: Maintaining Accurate Records
     Elements:
     Student completion of assignments
     Student progress in learning
     Noninstructional records


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4c: Communicating with Families
     Elements:
     Information about the instructional program
     Information about individual students
     Engagement of families in the instructional program


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4d: Contributing to the School and District
     Elements:
     Relationships with colleagues
     Service to the school
     Participation in school and district projects


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4e: Growing and Developing Professionally
     Elements:
     Enhancement of content knowledge and pedagogical skill
     Service to the profession


Domain 4: Professional Responsibilities                                 Unsat.   Level 1    Level 2   Level 3   N/A
   Component 4f: Showing Professionalism
     Elements:
     Service to students
     Advocacy
     Decision making
                                                    The New America School


                                         Narrative portion of the evaluation on next page.




        SUPPORTING EVIDENCE/COMMENDATIONS/RECOMMENDATIONS (Additional Space on Back)
(This page is for a narrative description of the observation data, and examples recorded by the administrator during observations. The
narrative supports the conclusions drawn by the evaluator, and addresses specific Elements that are deemed unsatisfactory, or addresses
whole Domains/Components that are in the satisfactory range. Any commendations and recommendations should also be noted here.)
The New America School

				
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