[Please hum the tune of the song from Grease 2 for a healthy dose of nostalgia while reading this post.]
The supplies have been delivered, the school is clean, all staff contracts are filled (hopefully), and business managers are prepping for the influx of activities that occur in August. With the many activities business managers coordinate, we wanted to help you process your tasks with a checklist. We know nothing brings more joy to a business manager’s type-A heart than a checklist! Here is a list of the items school attorneys want you to complete to help you start the school year prepared.
Ensure your annual report is submitted and approved by the DOE before August 30.
Statute sets the deadline as July 31, but it allows for flexibility until August 30. For more information, see SDCL 13-8-47.
Ensure your SNP and FFVP (if applicable) iCAN applications are submitted by August 19, 2022 for FY23.
Discuss with district administrators possible trainings for staff.
Consider the following:
Title IX - Ensure the Title IX team has been trained, including any new team members. As a note, the new proposed regulations include required training for ALL K-12 staff, so this checklist may need to be updated once those new regulations become final.
Suicide Awareness and Prevention Training - South Dakota law has a 1 hour requirement of training for all teachers, administrators and other education professionals who are seeking a new certificate or a certificate of renewal.
Mandatory Child Abuse Reporting
Legal Updates - This can include topics such as teacher free speech, student free speech, student searches and seizures, special education law.
Staff Use of Social Media
Update personnel files for new hires.
W-4 - Reminder, you cannot help an employee complete the W-4 form. You can direct them to the IRS website for the withholding estimate calculator or encourage them to speak with a tax professional.
I-9 - This form must be completed within three days of hiring and should be kept separately from the personnel file.
Criminal Background Check - SD law requires each person over 18 years of age hired by a school district to submit to a background check. See SDCL 13-10-12 for more information.
COBRA initial notice - This notice must be given to covered employees and their spouse (if applicable) within the first 90 days following coverage under the health plan.
SDRS Forms: E-1, E-5, E-5A (if applicable)
Enrollment Forms (examples): health insurance, dental, vision, 403(b), 457(b), AFLAC, Heritage Life, etc.
Other Forms to Consider: Agreement to Accept Compensatory Time Off in Lieu of Overtime, direct deposit form, acknowledgment of receipt of staff handbook, etc.
Check on your teachers’ certificate renewals on Teacher 411.
SDCL 13-42-1.2 states: “No person may draw wages as a teacher, administrator, or other educational professional in any public school or other accredited school who does not have a valid certificate.” Make sure you verify all renewals have been completed prior to the September payroll and contact your school’s attorney if there are any questions.
Consider budget adoption and the levy request.
SDCL 13-11-2 provides that: “Before October first every school board shall approve a budget for the anticipated obligations of each fund, except trust and agency funds, for the school fiscal year.”
Make sure your labor law posters are up.
In South Dakota, the following posters must be rightly displayed in an easily-viewed area in each workplace location:
Reemployment Assistance Employee Notification Poster
Safety on the Job Posting Requirement
Fair Labor and Standards Act (FLSA)
Employees Polygraph Protection Act (EPPA)
Federal Equal Employment Opportunity (EEOC)
Job Safety and Health Protection (OSHA)
Federal Family and Medical Leave Act (FMLA)
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Update the district’s driver’s list through the district’s insurance provider to include new staff members who will be using district vehicles and remove old staff members.
This is a good time to review your staff driving policy which should be included in your staff handbook. Many insurance companies, such as EMC, recommend such a policy.
If you have any questions or would like to schedule a staff training on legal updates or Title IX, please don’t hesitate to call Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara at (402) 804-8000, or send us all an email at ksb@ksbschoollaw.com.