PERSONNEL SERVICES Policy 4110
Equal Opportunity Employment
The Board of Education of the School District is an equal opportunity employer. The Board is committed to providing equal opportunity for all individuals in all areas of recruitment, selection, placement, training, assignment, transfer, compensation, benefits, discipline, retention, and promotion. The Board commits itself to the policy that there shall be no unlawful discrimination or harassment against any person because of race, color, religion, age, sex, national origin, ethnicity, disability, sex orientation or perceived sex orientation. All decisions with regard to employment shall be in compliance with applicable state and federal laws.
The Board is required by the Immigration Reform and Control Act to employ only American citizens and aliens who are authorized to work in the United States. The purpose of this law is to preserve jobs for those individuals who are legally entitled to them.
PERSONNEL SERVICES Policy 4120 (Regulation 4120)
Employment (Form 4120)
The Board of Education, upon recommendation of the Superintendent, votes on the employment of all staff members. In approving applicants the Board will be guided by the desire to obtain individuals committed to providing the highest quality education for the District's students. For Title I staff qualifications and hiring, refer to Policy and Regulation 1621 – Title I.
No person will be employed by the Board until the District obtains a clear criminal records check and a clear check of the Child Abuse/Neglect Registry maintained by the Missouri Department of Social Services. Additionally, and prior to offering employment to any teacher who had previously been employed by a Missouri school district or charter school, the Superintendent/designee shall obtain from the Department of Elementary and Secondary Education the identity of the school district or charter school that had previously employed the applicant. The District will contact the former employer to determine if such applicant had been terminated or resigned in lieu of termination; or against whom allegations of sexual misconduct had been substantiated by the Children’s Division.
All persons employed by outside vendors/contractors who will have contact with students will be required to successfully undergo a criminal records and a clear check of the Child Abuse/Neglect Registry prior to contact with students. Such background checks will be performed at the vendors/contractors’ expense and will, upon request, be shared with the District. All finalists for an employment position will be required to sign a release of liability authorizing prior employers, including school districts, to furnish any information about the applicant and the applicant’s work performance, including but not limited to discipline records and performance evaluations. The administration may also conduct random background checks after employment. Failure to check references and prior employment for new hires prior to their start date may result in disciplinary action up to and including suspension without pay.
As part of the criminal records check, any person employed after January 1, 2005, shall submit two sets of fingerprints to be used by the Missouri Highway Patrol and the Federal Bureau of Investigation. The fingerprints shall be collected pursuant to standards determined by the Missouri Highway Patrol. All District employees who are authorized to access the Missouri Automated Criminal History Site (MACHS) will only use such criminal history information for purposes of verifying qualifications for employment. The District will not create copies of the criminal record for employment record purposes and will not disseminate the record, except as permitted by law.
The District will designate a full-time employee, who will be fully trained in the Missouri Highway Patrol’s automated criminal history site (MACHS), to serve as the District Local Agency Security Officer (LASO). The District’s LASO Security Officer will be responsible for implementation and oversight of the District’s Use of MACHS for all applicants. Any employee who attempts to access MACHS without authorization, improperly disseminates an applicant’s criminal history record or facilitates unauthorized access to MACHS, will be subject to disciplinary action up to and including termination.
All vacancies should be posted for a minimum of ten (10) school days before the Superintendent may recommend a qualified applicant to the Board for employment. In an emergency situation the Superintendent may temporarily employ an applicant prior to the expiration of the posting. The temporary applicant may be considered along with other applicants for the position after the ten days. However, in order to hire a Board member's spouse, the position must have been advertised. (Refer to Policy 0342 – Nepotism, Conflict of Interest and Financial Disclosure.)
The Superintendent or his designee is the person who shall respond to requests from potential employers for information regarding a former District employee. The information the District should provide is title, position, length of employment, whether the employee was terminated or resigned, and whether the District would re-hire the employee.
Additionally, when requests for information from any public school regarding a former employee against whom allegations of sexual misconduct involving a student have resulted in a determination by the Board of an actual violation of sexual misconduct pursuant to Board Policy; a resignation in lieu of termination; or allegations of sexual misconduct that have been substantiated by Children’s Division, the Superintendent or his designee shall disclose to the requesting school the allegations of sexual misconduct and the findings of a Children’s Division investigation.
Any school district employee who is permitted to respond to requests for information, acting in good faith, who reports authorized information, as provided in this policy or, who, in good faith, reports alleged sexual misconduct on the part of a District employee, will not be disciplined or discriminated against because of such report.
This foregoing policy is intended to comply with the Amy Hestir Student Protection Act, Senate Bill 54, including section 162.068 RSMo. The District shall provide notice of this policy to all current employees and to all potential employers who contact the District regarding the possible employment of a District employee.
PERSONNEL SERVICES Policy 4121
Notice of Public Service Loan Forgiveness Program (PSLF)
The District will provide all new employees, within ten (10) days of beginning service with the District, with current, accurate and complete information about their eligibility for public service loan forgiveness (PSLF). This same information concerning eligibility for participation in the PSLF Program will be provided to all current employees who are employed by the District on June 30, 2017.
August 2016, Copyright © 2016 Missouri Consultants for Education
PERSONNEL SERVICES Policy 4125
Notice of Arrest, Abuse Complaint, Traffic Citation
Every employee and volunteer who is arrested for a criminal act, felony, or misdemeanor must notify their supervisor in writing within three (3) work days of the arrest. Similarly, every employee/volunteer must notify their supervisor within the same time period of notice of a child abuse complaint against them. Traffic violations related to Driving Under the Influence will be treated as a criminal arrest. In addition to the preceding, transportation employees must notify their supervisors of any moving traffic violations whether or not on work time.
Whenever the District receives a finding of substantiated sexual or physical abuse from the Children’s Division against an employee, the employee will be immediately suspended with pay. The employee so affected may be returned to work if the allegation is unsubstantiated, revised or reversed on appeal.
PERSONNEL SERVICES Policy 4130
Employment (Form 4130)
Certificated Staff Contracts
Employment contracts will be in writing and will be signed by the employee, the Board president and the Board secretary. Contracts will include the amount of annual compensation and the days of service.
Certificated staff members under contract include probationary teachers, permanent teachers and administrative staff. The probationary period allows a teacher to demonstrate, and the District to assess the teacher's competence. Beginning after the initial one (1) year contract, teachers who have demonstrated their competence through performance may be offered additional contracts.
The Board may elect to employ certain certificated individuals on a part-time basis, as needed. Part-time certificated employees will be contracted on a class-by-class basis, not as a percentage of full-time employment. Part-time employees will not be provided the benefits provided to full-time employees. In addition, part-time certificated employees who do not teach at least four hours per day will not be eligible for pension benefits.
Visiting Scholar Certificate
The District may employ teachers with the Visiting Scholar Certification under the following provisions:
Under these circumstances, Department of Elementary and Secondary Education may issue a one year visiting scholar certificate. The visiting scholar may renew their certificate for a maximum of two (2) years based upon completion or completion of the requirements listed above; completion of professional development required by the District and attainment of a satisfactory performance-based teacher evaluation.
PERSONNEL SERVICES Policy 4131 (Form 4131)
Extra Duty and Extended Duty Contracts
Certificated employees may be contracted to provide sponsorship and coaching duties as recommended by the Superintendent and approved by the Board. Compensation for such positions will be provided in accordance with a Board approved extra duty salary schedule.
Certificated employees may be contracted for additional days beyond the regular contract period. Compensation for such extended duty will be calculated on the existing salary schedule. The Board may establish a separate salary schedule for summer school assignments.
Assignment to extra duty, extended duty and summer school is for one (1) year only and may be renewed or eliminated annually upon the recommendation of the Superintendent and at the discretion of the Board.
PERSONNEL SERVICES Policy 4140
Certificated Personnel Reemployment
The reemployment of teachers shall be considered not later than the regular March meeting of the Board. All employees shall be recommended by the Superintendent and the appropriate principal.
PERSONNEL SERVICES Policy 4150*
Substitute Teacher Employment
The Board of Education will employ qualified substitutes for all employee groups. The Superintendent will prepare and submit to the Board a procedure for reporting absences, assigning substitutes and developing a substitute compensation plan.
Substitute teachers shall meet all requirements as established by the State Board of Education. Rate of compensation shall be according to the annual school budget approved by the Board of Education.
Records shall be kept by the Superintendent concerning number of days taught by substitutes and the amount of funds expended. The Board shall be informed concerning this data at periodic intervals.
The compensation of substitute teachers is determined annually by the Board of Education of the district.
1. The Compensation for substitute teachers for the school year of 2007-2008 is $70.00 per day.
2. The Compensation for a substitute teacher shall increase to $75.00 per day if that substitute teacher has been teaching in the same classroom for more than twenty consecutive days. (Beginning on the twenty-first (21) consecutive day in the same classroom, the pay will increase to the $75.00 per day.)
PERSONNEL SERVICES Policy 4210
Personnel Assignment and Transfer
Staff accepting employment with the District agree to accept the building assignment of the Superintendent of Schools. Staff will not be assigned where they would be under the direct supervision of a member of the employee’s immediate family (father, mother, son, daughter, sister, brother, or spouse).
Staff transfers may be initiated by administrative directive or by staff request. In order to facilitate awareness of opportunities, the Superintendent/designee will post vacancies on bulletin boards in each school. The decision concerning filling of the vacancy or new positions by transfer will be made by the Superintendent in consultation with the building principals affected.
An employee who desires a change in grade and/or subject assignment and/or a transfer to another building shall request the transfer on the prescribed form which will be available in the Personnel Office.
An employee must accept the transfer requested unless he/she has notified the administration in writing of a desire to withdraw the request and said notification is received by the principal and Superintendent/designee before the date on which notification of transfer is sent to the teacher.
PERSONNEL SERVICES Policy 4220 (Regulation 4220)
Personnel Assignment and Transfer
Certificated Staff Duties, Schedules, and Working Hours
The school year will be set annually by the Board of Education. The start date, end date, and number of contracted days will be contained in staff contracts. The length of the teaching day will also be set by the Board.
Certificated staff are required to be on duty during the teaching day. In addition to the teaching day, certificated staff are required to attend scheduled staff meetings, parent conference days, IEP meetings, and other meetings as may be determined by the administration and Board of Education.
PERSONNEL SERVICES Policy 4221 (Regulation 4221)
Personnel Assignment and Transfer
Support Staff Duties, Schedules and Working Hours
The school year and work calendars will be set annually by the Board of Education. Work hours may be changed by the administration as needed.
Regular attendance is essential in order to maintain a high quality of instruction. Support staff employees, with reasonable notice, will be subject to disciplinary action when their absenteeism is deemed to be excessive.
Employees who work overtime must receive prior authorization from their immediate supervisors.
PERSONNEL SERVICES Policy 4310*
Absences, Leave and Vacation
1. Sick Leave – Professional and support staff employees whose assignments call for 12 months of full-time employment will be entitled to ten (10) days of sick leave. Professional and support staff employees whose assignments call for full-time employment only during the regular school term will be entitled to eight (8) days of sick leave. Unused sick leave will be cumulative to seventy-five (75) sick leave days. An absence of over one (1) through four (4) hours shall be counted as a half-day of sick leave.
Absences may be charged against sick leave for the following reasons:
a. Illness, temporary disability or permanent disability of the employee. The board reserves the right to require a physician’s certification attesting to the illness or disability of the claimant and/or inclusive dates of the employee’s incapacitation if the absence is for more than ten (10) consecutive days. FMLA health certification procedures apply to FMLA-qualifying absences, even if such absences are paid sick leave. The district need not wait ten (10) days before requesting an FMLA Certification of Health Care Provider form in conjunction with a preliminary designation that FMLA applies to an absence.
b. Illness or injury to a member of the immediate family. The Board defines “immediate family” to include spouse, parents, children, mother-in-law, father-in-law, grandparents, grandchildren, brothers and sister of an employee or employee’s spouse. (Note: “Family” for FMLA purposes is more limited.)
c. Illness or injury of other relatives, with permission granted by the superintendent.
A district employee shall not be entitled to use sick days during the period the employee receives Workers’ Compensation for time lost to work-related incidents.
Any certificated employee who is a member of a retirement system shall remain a member during any period of leave under sick leave provisions of the district or under Workers’ Compensation. The employee shall also receive creditable service credit for such leave time, if the employee makes contributions to the system equal to the amount of contributions that he or she would have made had he or she been on active service status.
PERSONNEL SERVICES Policy 4310a*
Absences, Leave and Vacation
Sick Leave Pay
The following applies to the sick leave pay for professional employees:
1. Professional staff employees who have reached the maximum number of accumulated sick leave days (75) shall have the option of annually “selling” back to the district any sick days which he/she may accumulate for that contract year above the maximum at the rate of $20.00 (twenty dollars) per day. This “sell back” must be requested in writing by the employee no later than May 30 of the year in which the request is being made. The request must be made to the superintendent. Jan. 97
PERSONNEL SERVICES Policy 4320 (Regulation 4320)
Absences, Leave and Vacation
The Board of Education shall adopt regulations for the following types of leave for District employees:
1. Sick Leave
2. Personal Leave
3. Bereavement Leave
4. Leave for Jury Duty
5. Military Leave
6. Leave of Absence
7. Family and Medical Care Leave (See Policy and Regulation 4321)
Specific provisions of the various types of District leave are set out in Regulation 4320.
PERSONNEL SERVICES Policy 4321 (Regulation 4321)
Absences, Leave and Vacation (Form 4321)
Family and Medical Leave
The Board of Education recognizes that leaves of absence are occasionally necessary due to family or medical reasons or in certain circumstances associated with service members’ service in the Armed Forces. The District has adopted detailed procedures to ensure compliance with the Family and Medical Leave Act of 1993 (FMLA). As provided by District regulations, eligible employees are entitled to use up to twelve (12) workweeks of unpaid leave for family and medical reasons (up to 26 workweeks for covered events related to those serving in the Armed Forces). The Board of Education has designated a District administrator to act as FMLA Compliance Officer. As part of its compliance program, the District will notify each employee of the name, address and telephone number of the District's FMLA Compliance Officer and will provide a statement of commitment to adhere to FMLA regulations. The FMLA Compliance Officer will regularly evaluate the District's FMLA compliance to ensure fair and equitable opportunities for all eligible employees. Oct. 2013
PERSONNEL SERVICES Policy 4330*
Absences, Leave and Vacation
Holidays and Vacation
The Board will annually adopt a calendar which will provide for the following holidays:
1. New Year’s Day
2. Third Monday in February
3. Memorial Day
4. July 4th
5. Labor Day
6. Thanksgiving Day
7. December 25th
Staff members will not receive additional compensation for holidays unless they are required to work on such holidays. Administrators employed on a twelve (12) month contract shall have vacation as provided in their individual contracts. Vacation shall be scheduled in compliance with the Superintendent’s guidelines and is subject to Superintendent approval. Jun 03
PERSONAL SERVICES Policy 4335
Absences, Leave, and Vacation
Employee Emergency Service
Staff members joining any fire department, fire protection district, volunteer firefighter department, the Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team, or staff member activated by the Federal Emergency Management Agency (FEMA) to respond to a national disaster will not be subject to dismissal due to their joining such organizations. However, such employees who are absent from work, or who are late to work, due to such service may be docked and/or required to submit written verification concerning the time and date of the emergency. In addition, such employees are required to make a reasonable effort to notify their supervisors that they will be absent or late due to emergency service.
PERSONNEL SERVICES Policy 4410
Professional Activities, Training and Professional Growth
General Professional Development
The Board encourages all employees to be engaged in a continuous program of professional and technical growth in order that they may be qualified to provide quality educational programs and services for all students.
It is the policy of the Board of Education that a program of in service training be established to provide an opportunity for the continuous professional and technical growth for all employees. The in service training program for each year will be outlined in the proposed budget for that year with estimated costs to be approved by the Board of Education.
As a result of the operation of this policy, employees will become knowledgeable regarding new developments and changes in their specialized fields and will utilize new and improved methods in practice.
The administrative staff, employing administration and management techniques consistent with modern management development, will provide leadership which will assist each employee to make a maximum contribution to the District's effort to provide quality educational programs and services for all students.
PERSONNEL SERVICES Policy 4411
Professional Activities, Training and Professional Growth
Professional Development Program
The Board shall provide a Professional Development Program to be in compliance with State Statutes regarding assistance for beginning teachers. A committee will be elected by the teachers to develop a plan to carry out the goals of the Professional Development Program.
The Professional Development Program shall further be in compliance with the "Outstanding Schools Act" Section 7 of Senate Bill #380 of the 87th General Assembly.
The District will establish a Professional Development Committee to work with beginning teachers and experienced teachers in identifying instructional concerns and remedies; assist beginning teachers with implementation of their professional development plan; serve as a consultant upon a teacher's request; arrange training programs for mentors; assess faculty needs and develop in-service opportunities for school staff; present faculty suggestions, ideas and recommendations pertaining to classroom instruction within the School District; and review and evaluate the District's staff development program.
In any year, expiring with fiscal year 2024, in which the amount appropriated and expended for transportation of students is less than 25% of the allowable costs of providing student transportation, the Board, by a majority vote, may allocate less than 1% of professional development funds to student transportation. However, in no case will the amount allocated be less than 0.5% of professional development funds.
The District provides teacher externships for teachers participating in a supervised practical experience in local and state business. Depending upon the type of externship, participating teachers may receive professional development credit or credit on the District’s salary schedule. (See Regulation 4411).
PERSONNEL SERVICES Policy 4420 (Regulation 4420)
Professional Activities, Training and Professional Growth
Conferences and Travel
The Superintendent may authorize professional leave for attendance of personnel at state, regional, and national meetings without pay deduction. The number of absences allowable for professional leave is a judgment value on the part of the Superintendent and is subject to budget limitations for employing substitutes and reimbursement for travel, meals and lodging and registration.
Professional Activities, Training and Professional Growth
Guidelines for District wide Committees
A written description of each district wide committee established in the District will be posted in each building explaining the goals and objectives of the committee and the method used to select members to the committee.
Each committee will write a summary report of its findings and/or recommendations and present this to the appropriate administrator. The chairperson of said committee will present this report to the Board of Education at the appropriate scheduled Board meeting.
Guidelines for District wide Committees with Employee Representation
District-wide committees may be formed for the purpose of recommending policy changes to the administration and Board. Employees who are selected to serve on these committees should represent all buildings and/or interests of the employee group(s).
PERSONNEL SERVICES Policy 4440 (Regulation 4440)
Professional Activities, Training and Professional Grants
The District’s mentoring goal is to facilitate the growth and development of new educators by pairing them with experienced veteran educators. Through the effort of both the mentor and the mentee, the mentee shall draw upon the experience and knowledge of the veteran mentor to enhance their own professional skills and enhance student learning. It is vital to the success of our students that new educators become integrated, through the mentoring program, into the school’s culture and are given the opportunity to better themselves with the assistance of one of their veteran peers.
Through the mentoring program the Board hopes to not only create a stronger learning community but also a community where the strong professional and personal bonds between the educators in the District provide students and employees the best possible working and learning environment.
PERSONNEL SERVICES Policy 4505*
The Superintendent, with input from staff members, will prepare salary schedules annually for all non-administrative employee groups. These schedules will be submitted to the Board of Education for approval. (See also Policy 4131 - Extra Duty and Extended Duty Contracts.) Salary recommendations for all administrators will be prepared and submitted to the Board annually. Administrative salaries will be based upon a variety of factors including, educational preparation, years of service within the District, and within public education, years of service as an administrator at each administrative level, years of service within the District, regional comparisons to similar districts, number of contracted days, administrative responsibilities, and salaries of other District administrators within category – building and central office. Consideration will be given to administrators’ previous salary for all newly hired administrators.
PERSONNEL SERVICES Policy 4510
The Board of Education provides fringe benefits to full-time staff members. The extent and nature of fringe benefits provided may vary by employee group and work schedule.
Insurance coverage for staff members includes:
1. Liability Insurance
2. Workers' Compensation Insurance
3. Unemployment Compensation Insurance
4. Medicare Coverage
5. Medical Insurance
PERSONNEL SERVICES Policy 4520
A Federal withholding tax is retained for the Collector of Internal Revenue as payment on Federal Income Tax for the current year. The amount withheld is determined by salary and the number of dependents. No salary check will be issued until all withholding forms are submitted.
A State withholding tax is retained for the Missouri Department of Revenue. The amount withheld is determined in the same manner as the Federal Income Tax. Employees may authorize additional sums to be withheld by notifying the payroll department in writing and completing a new W-4 form indicating the additional amount to be withheld each pay period. No salary checks will be issued until all withholding forms are submitted
Public School Retirement System (PSRS) of Missouri
All full-time teachers and part-time teachers who work seventeen (17) hours or more per week are members of PSRS. Support employees with a teaching certificate are also eligible for membership in PSRS.
Public Education Employees Retirement System (PEERS)
All support employees who work twenty (20) hours or more per week on a regular basis for thirty (30) calendar days are members of PEERS and are also covered by Social Security.
Medical insurance payments will be deducted for all employees on a twelve (12) month prorated basis each month.
Credit Union and Tax Sheltered Plan
Credit Union and Tax Sheltered Plans will be deducted under the terms of the respective contracts.
Tax Sheltered Annuities
The School District provides for payroll deduction and processing for employees participating in tax-sheltered annuities..
Any staff member may authorize additional voluntary deductions for payment of tax sheltered annuities, dues to professional organizations, credit union, and dependent coverage for medical benefits.
PERSONAL SERVICES Policy 4540
Group Insurance Benefits
The Board of Education directs that medical group insurance coverage for staff members will be provided. The Superintendent/designee will solicit proposals and make recommendations to the Board of Education for approval of the insurance provider.
Employees shall be given information regarding COBRA benefits at the times of employment and separation.
The contract for medical insurance will be submitted for competitive bidding at least once every three (3) years.
For purposes of this policy competitive bidding means public notice of the request for medical insurance bids and the provision of information about district participants, claims history, and the details of the District’s existing health insurance policy and proposed modifications.
Development or Physical Disabilities
The District’s medical group insurance for staff members, after January 1, 2020, will provide coverage for the diagnosis and treatment of autism spectrum disorders and for the diagnosis and treatment of developmental or physical disabilities to the extent that such diagnosis and treatment is not already covered by the District’s health plan.
PERSONAL SERVICES Policy 4550
Retirement provisions for all eligible employees will be in accordance with the provisions of the Missouri Public School Retirement System (PSRS) and the Public Education Employees Retirement System (PEERS).
Full-time certificated staff employed after April 15, 1986, are subject to the Medicare portion of Social Security.
At the time of initial employment an employee shall be given his/her first COBRA notification. Second notification and continuation of benefits are contingent upon the employee notifying the District of a qualifying event.
Any plan of group health insurance shall include a provision allowing persons who retire, or who have retired, to become members of the plan if they are eligible to receive benefits under the Retirement System, by paying premiums at the same rate as other members of the group.
Employees who retire or who have retired and who are eligible for retirement benefits from either the PSRS or PEERS Plans are eligible to participate in District health benefit programs. In addition, the spouse and/or unmarried dependent children of any employee may also participate in District health benefit programs provided that these family members are receiving or are eligible to receive retirement benefits from either the PSRS or PEERS Systems. The retiree must apply for insurance coverage within the first year he/she is eligible to receive retirement benefits.
Ineligibility for Retirement Benefits
1. If an employee or former employee is charged or convicted of any of the listed felonies, where such felony is committed in direct connection with or related to the employee’s duties with the District, the District will notify the employee’s relevant retirement plan, PSRS or PEERS. Such reporting is only required where such filing was committed after August 28, 2014 and where District administrators knew of such charge or conviction. The District will further provide to the respective retirement plan all information related to the charge or conviction that is in the District’s possession. Reportable offenses include:
2. Stealing involving money, property, or services valued at $5,000.00 or more;
3. Receiving stolen property involving money, property, or services valued at $5,000.00 or more;
6. Bribery of a public servant;
7. Acceding to corruption 576.020
Conviction of one of the felonies set out in this policy may result in ineligibility for retirement benefits.
Reporting as Requested by PSRS
The District will cooperate with PSRS requests for information concerning the District’s use of PSRS retired persons providing substitute teaching or other positions that would normally require certification. This reporting/assistance request applies to such retired persons who provide such services through an independent contractor.
PERSONNEL SERVICES Policy 4550a*
Retirement Compensation – Unused Sick Leave
Professional staff members, upon retirement from the public school system, will be reimbursed for all unused sick days that the retiree has accumulated to the maximum of 75. The rate of reimbursement will be $20.00 twenty dollars) per day. This reimbursement will be paid in June of the school year in which the employee retired and will be subject to all taxes as assessed by law.
PERSONNEL SERVICES Policy 4560
Teacher Post-Retirement Option
Any retired District employee in a position which requires teacher certification may be employed in a position that does not normally require teacher certification (PEERS Qualified). However, such person may only earn up to 60% of the minimum teacher’s salary, currently $25,000.00, for a maximum salary of $15,000.00 without a discontinuation of the employee’s PSRS retirement allowance. Such person will not contribute to PEERS or PSRS retirement systems, nor shall they acquire membership in the PEERS retirement system. In such instance, the District will pay its contribution into the PEERS system.
If such person is paid in excess of $15,000.00 the employee will not be eligible to receive their retirement allowance for months paid in excess of the cap and will be required to pay into the PEERS retirement system for such period of time.
PERSONNEL SERVICES Policy 4610 (Form 4610)
Certificated Personnel Performance Evaluation
The Board of Education's ultimate goal in education is to provide the highest quality educational experience to all District students. The District's performance-based evaluation system contributes to that goal by promoting the professional improvement of each staff member and, when necessary, by providing data to remove an employee whose employment is detrimental to students.
Performance-based evaluation is a process endorsed by the Board of Education for performance improvement that includes identification of performance expectations, documentation of performance, discussion of performance, development of improvement plans, and making personnel decisions based upon performance. The evaluation process for every employee is an on-going process that takes place every day. Formal, summative evaluations will be prepared and reviewed with each tenured teacher at least every other year. All other District employees will receive summative evaluations annually.
The District’s performance evaluation system incorporates the seven “Essential Principles of Effective Evaluation” adopted by the State Board of Education and set out as follows:
Notwithstanding the State’s essential principles, the major focus on the District’s evaluation system is on positive learning outcomes, cognitive and affective, for District students. Educators are responsible for the positive learning outcomes for their students.
The Board recognizes the fundamental experience differences between tenured and probationary teachers. Accordingly, District evaluators will focus their attention, non-exclusively, on probationary teachers and on tenured teachers whose practices adversely affect student learning.
District evaluators will be trained and assessed on their ability to consistently evaluate educators under their discretion. July 13
PERSONNEL SERVICES Policy 4620 (Form 4620)
The development of a competent support staff is a major objective of the performance evaluation.
All supervisors and/or principals will complete an annual written evaluation on all support staff under their supervision. The following areas will be evaluated.
1. Job knowledge
2. Quality of work
3. Quantity of work
8. Other areas as appropriate for the specific job
This evaluation will be used to improve job proficiency and to determine eligibility for reemployment.
PERSONNEL SERVICES Policy 4630
The Board of Education requires all staff members to serve as positive role models for District students. District schools exist to provide quality, cognitive, and affective education for District students in a safe and appropriate setting. In achieving these objectives, staff are required to meet certain performance criteria including, but not limited to:
1. Review and comply with Board policies, regulations, and procedures as well as related building rules and practices:
2. Properly prepare for student instruction.
3. Fully utilize instructional time for learning activities.
4. Maintain students under active supervision at all times.
5. Assess student performance in a regular and accurate manner.
6. Modify instructional goals to meet the needs of each student.
7. Comply with administrative directives.
8. Communicate with students in a professional and respectful manner.
9. Communicate with colleagues, parents and District citizens in a professional manner.
10. Properly operate and maintain district property.
11. Utilize district technology solely for school district business.
11. Maintain required records and submit requested reports in a timely manner.
12. Comply with all safety guidelines and directives.
13. Refrain from the use of profane and obscene language.
14. Dress in a professional manner.
15. Attend to all duties in a punctual manner.
16. Maintain student confidentiality pursuant to state and federal law.
17. Follow and implement student Individual Education Programs (IEP) under the Individuals with Disabilities Education Act (IDEA) or plans under Section 504 of the Rehabilitation Act.
18. Maintain and account for District funds in the staff member’s possession and control.
19. Maintain professional relationships with students. With the exception of students who are immediate family with the staff member, this requirement also includes avoiding situations that could lead to allegations of inappropriate relationships with students, including, but not limited to:
a. Being present in any setting where students are provided or are consuming alcohol or illegal drugs.
b. Inviting students to be alone with a staff member at a staff member’s residence, on staff member’s private property, or in a staff member’s motor vehicle without the prior consent of the building principal.
c. Communicating with students, electronically or in person, about the student’s sexual activity or concerning the staff member’s sexual or romantic conduct.
d. Being present on District premises alone with a student in a room where the door is closed, the door is locked, or the lights are off, unless required temporarily due to emergency circumstances. Counselors and administrators are exempted from this prohibition in performance of professional duties.
e. Covering the interior window(s) of instructional space and offices with any material that blocks or obscures outside vision into the space, unless required temporarily due to emergency circumstances.
f. Communicating with students about sexual topics outside approved District curriculum, unless done as part of a District investigation into sexual abuse or harassment.
g. Utilizing students to attend to personal errands for the staff member.
h. Allowing students to drive a staff member’s vehicle.
September 2015, Copyright © 2015 Missouri Consultants for Education, Inc.
PERSONAL SERVICES Policy 4640
District teaching standards include, but are not limited to:
· Ensuring that students are actively participating and are successful in the learning process.
· Teacher will monitor and manage student learning by specific assessment vehicles.
· Student and teacher will be prepared and knowledgeable of the curricular content.
· Teacher will maintain students' on task behavior.
· Teacher will use professional communications and interactions with the school community.
· Teacher will remain current on instructional knowledge.
· Teacher will seek and explore changes in teaching behaviors that will enhance student learning.
· Teacher will act responsibly in the overall mission of the school
· Teacher creates learning experiences that make the subject matter meaningful.
· Teacher demonstrates knowledge of the subject matter by implementing instruction pertinent to the subject matter.
· Teacher provides learning opportunities that support the intellectual, social and personal development of all students.
· Teacher cultivates the unique skills and talents of every student.
· Teacher will use a variety of instructional activities of critical thinking, problem solving, and performance skills.
· Teacher creates a positive learning environment that encourages active engagement in learning, positive social interactions and self-motivation.
· Teacher models effective verbal, nonverbal and media communication techniques with students and parents to foster active inquiry, collaboration and supportive interaction in the classroom.
· Teacher will use formal and informal strategies to assess learners' progress.
· Teacher will actively seek out opportunities to grow professionally in order to improve learning for all students.
· Teacher will maintain effective working relationships with students, parents, colleagues and community members.
Final standards for teaching in the District will be in place by June 30, 2010.
PERSONNEL SERVICES Policy 4650
Communication with Students by Electronic Media
Employee personal communication with students, in all forms including oral and nonverbal shall be appropriate and consistent with Board policy. Personal communication shall be deemed to be inappropriate if such communication is sexual in nature; is sexually suggestive; suggests romantic activity with student or students; or is otherwise inconsistent with Board policy. Violation of this provision will result in disciplinary action up to and including dismissal.
Communications between employees and students will be primarily direct, oral or written in nature. Employee’s communication with students and/or teacher’s electronic media must be made available to the student’s parents/guardians. While the employee need not notify their building principal of the content of the electronic communication, the employee must notify the principal, in writing, of the date and time of the communication and the identity of the student with whom communication occurred. Such notification is not required where the communication is between the teacher and his/her children or siblings.
The District does not have sufficient staff to monitor every communication between employees and students and does not, therefore, commit to monitoring such communication. Nonetheless, where there is reason to believe that an employee has inappropriately communicated with a student(s) they may require the teacher to provide access to the specific communication in question.
The District will provide official electronic media which may be utilized by employees for communication with students for dissemination of school related information (i.e. homework, practice schedules, supplemental instructional material.)
PERSONAL SERVICES Policy 4700
Personnel Services Separation
See Form 4700
PERSONNEL SERVICES Policy 4710
Resignation: Certificated Staff
The intent of this policy is to formulate a workable procedure to enable professional staff to withdraw from written contracts while at the same time ensuring that the school Board will be able to fulfill its responsibility to provide competent and qualified teachers for the students of the district.
Certificated employees who for any reason intend to retire or resign at the end of the current school year are encouraged to indicate their plans in writing to the Board as early as possible, but no later than June 1.
Resignations to become effective during the school year require a release by the Board and must be considered on an individual basis. Letters of resignation shall be submitted to the Superintendent/designee and the principal/supervisor. The letter should state reasons and an effective date for the resignation.
In accordance with Missouri law, a tenured teacher who desires to terminate his or her contract at the end of a school term shall give written notice of such intention to do so and the reasons therefore no later than June first of the year in which the term ends. After June 1, tenured teachers are bound by their indefinite contracts for the ensuing school year. Non-tenured, certificated employees are bound by their contracts for the next school year, as of the date on which the contracts are fully executed by the Board and the employee.
The Board recognizes that, on occasion, certificated employees of the Adair County R-II School District may wish to approach the Board requesting to be released from their contract. The Board discourages such request. However, the Board will entertain such a request and may, at its discretion, on a case-by-case basis, vote to release the certificated employee from the contract if the certificated employee agrees to pay to the School District the respective sum listed below as legal consideration for being released from the contract:
Request by any certificated employee received on or before July 1: $1000.00
Request by any certificated employee received on or before August 1: $2000.00
Request by any certificated employee received after August 1: $3000.00
Certificated employees who wish to be released from their contracts in accordance with this payment method should request such release in letter format as discussed above.
PERSONNEL SERVICES Policy 4711*
Resignation: Support Staff
Employees Not Under Contract
Support staff who wish to resign should address a letter of resignation to the Superintendent with copies to the personnel administrator and the principal/supervisor. The letter should state reasons and an effective date for the resignation.
Fourteen (14) days written notice is the minimum amount of time for resignation by a support staff member.
Employees Under Contract
The employee must submit a written letter of resignation to his or her immediate supervisor. If the contract contains a notice period, the resignation is final upon submission and effective at the end of the notice period.
If the contract does not include a notice provision, the resignation is final upon submission and effective at the end of the contract period. Resignations for employees under contract require Board approval only if the employee wishes the resignation to be effective prior to the end of the contract period. The district may pursue all legal remedies available to address a breach of an employment contract. A resignation is final upon submission and cannot be withdrawn unless authorized by the supervisor to whom it was submitted.
PERSONNEL SERVICES Policy 4720
Suspension or Termination: Support Staff
Individuals employed without a contract are subject to suspension and dismissal at any time. The Superintendent is authorized to suspend such employees with pay subject to Board review. In addition, the Superintendent may recommend the suspension without pay or termination of non-contractual employees to the Board of Education.
During the term of the employment contract, a support staff employee may be suspended with pay pending review of the Board. Prior to suspension or termination, such support staff employees will be informed of the reason for discipline and will be given an opportunity to respond to those reasons. Upon request of the employee, a meeting with the Board of Education will be scheduled to review the recommendation for suspension or dismissal. Contractual employees, who are not offered a new contract, are not entitled to meet with the Board of Education. However, in such situations, the employee may review the nonrenewal with the Superintendent/designee
PERSONNEL SERVICES Policy 4730 (Regulation 4730)
Separation (Form 4730)
Nonrenewal/Termination: Probationary Teacher
Pursuant to section 168.126.2, RSMo. (Supp. 1992), the Board of Education may choose to non-renew a probationary teacher's contract for the coming school year or may choose to terminate a probationary teacher's employment during the term of a contract in accordance with procedures outlined in Regulation 4730.
The Board of Education may terminate a probationary teacher's contract during the term of a contract for statutory causes as follows:
1. Physical or mental condition that renders the teacher unfit to instruct or associate with children.
2. Immoral conduct
3. Willful or persistent violation of, or failure to obey, the school laws of the state or the published regulations of the School District
4. Excessive or unreasonable absence from the performance of duties.
5. Conviction of a felony or a crime involving moral turpitude.
6. Incompetence, inefficiency, or insubordination.
Prior to mid-contract termination of a probationary teacher for causes 1-6, the teacher will be provided with written charges and will be provided with an opportunity for a due process hearing before the Board of Education as set forth in Regulation 4730. Prior to the mid-year termination for cause #6, the teacher will also be provided with a notice of deficiencies and probationary period as set forth in Regulation 4730
PERSONNEL SERVICES Policy 4731 (Regulation 4731)
Separation (Form 4731)
Termination of Contract: Permanent Teacher
Pursuant to sections 168.114 and 168.124, RSMo. 1986, the Board of Education may terminate a permanent teacher's indefinite contract for one or more of the following causes:
1. Physical or mental condition that renders the teacher unfit to instruct or associate
2. Immoral conduct.
3. Incompetency, inefficiency, or insubordination
4. Willful or persistent violation of, or failure to obey, the school laws of the state or the published regulations of the School District.
5. Excessive or unreasonable absence from the performance of duties.
6. Conviction of a felony or a crime involving moral turpitude.
The indefinite contract of a permanent teacher may be terminated for the foregoing reasons only in accordance with the procedures prescribed by sections 168.116, 168.118, and 168.120, RSMo. 1986.
PERSONNEL SERVICES Policy 4732 (Regulation 4732)
Termination of Employment: Administrators
The terms and conditions of the Superintendent’s employment are governed by the employment contract between the Board of Education and the Superintendent. Employment and termination of the Superintendent are provided for in Policies 1720, 1722 and 1724. The employment of all other certificated teachers who are employed as administrators and who are not eligible for permanent status as a teacher are provided for in this policy
Such district administrators are not eligible for permanent status in their administrative position. However, as provided by law, administrators may be entitled to permanent status as a teacher should their administrative employment be voluntarily or involuntarily terminated. All such administrators may be assigned to other administrative positions or teaching positions as provided in the regulations enacted under this policy
PERSONNEL SERVICES Policy 4740 (Regulation 4740)
Reduction in Force: Certificated Staff
If it becomes necessary to reduce the number of teachers due to a decrease in enrollment, District reorganization or the financial condition of the District, the Board will act to retain the most qualified teachers while following all applicable statutory guidelines.
The Board may place a permanent teacher upon unrequested leave of absence without pay when the Board determines that such action is necessary because of a decrease in pupil enrollment, District reorganization or the financial condition of the District. In placing such a teacher on leave, the Board will be governed by the provisions of the Teacher Tenure Law and District policies and regulations.
PERSONNEL SERVICES Policy 4741 (Regulation 4741)
Reduction in Force: Support Staff
The Board of Education is authorized to reduce the number of support staff when in the Board's sole discretion factors including, but not limited to, decreases in student enrollment, District reorganization or financial reasons necessitate such reduction. In making such staff reductions, the Board will seek to retain those staff members best able to serve the needs of District’s students.
PERSONNEL SERVICES Policy 4750
The Superintendent is authorized to place individual employees on paid leave of absence whenever the Superintendent determines that such leave is necessary due to the employee’s misconduct or to investigate potential employee misconduct. Paid leave of absences will not affect an employee’s sick leave or vacation leave.
Employee – The Superintendent will notify employees placed on a leave of absence, under this policy, of the general reasons for placement on leave. This notification will occur within seven (7) days of placement on such leave and will be communicated in writing. Statements of general reasons are confidential and are not open records under Chapter 610.
Board of Education - The Superintendent will notify the Board of Education within thirty (30) days of the reason(s) for placement of an employee on a paid leave of absence. Provided the employee remains on leave, the Superintendent will update the Board of Education, at each subsequent regular Board meeting, of the status of the employee’s leave of absence. The updates to the Board will continue during the pendency of each such leave of absence.
A Board of Education hearing will be conducted within sixty (60) days of an employee’s placement on a leave of absence. Following the hearing, the Board will determine whether the leave will be continued. For good cause shown by the Superintendent, the hearing may be continued for a period of time not to exceed 180 days from the date the employee was placed on a leave of absence. Leave of absence hearings will be conducted in closed meetings.
At such hearing, the employee will be permitted to be represented by an attorney and will be permitted to offer evidence. A record will be made of the hearing. If employee is removed from administrative leave within thirty (30) days of being placed on leave, then no hearing is required.
The provisions of Policy 4750 will not be applicable where:
1. The employee is a probationary teacher;
2. The Superintendent has referred the employee to a law enforcement agency or to another state or federal agency due to employee’s misconduct; or
3. A law enforcement agency or other state or federal agency has begun an investigation of the employee’s misconduct related to the general reasons for the employee’s placement on leave under this policy.
PERSONNEL SERVICES Policy 4820 (Regulation 4820)
Employees with Communicable Diseases
An employee may be excluded from work if the employee (1) has, or has been exposed to, an acute (short duration) or chronic (long duration) contagious or infectious disease, and (2) is likely to transmit the contagious or infectious disease, unless the Board of Education or its designee has determined, based upon medical evidence, that the employee:
1. No longer has the disease
2. Is not in the contagious or infectious stage of an acute disease.
3. Has a chronic infectious disease that poses little risk of transmission in the school environment with reasonable precautions.
School officials may require an employee suspected of having a contagious or infectious disease to be examined by a physician and may exclude the employee from work, in accordance with the procedures authorized by this policy, so long as there is a substantial risk of transmission of the disease in the school environment.
Employees with acute or chronic contagious or infectious diseases have a right to privacy and confidentiality. Only staff members who have a medical reason to know the identity and condition of such employees will be informed. Willful or negligent disclosure of confidential information about an employee’s medical condition by staff members will be cause for disciplinary action.
The District will implement reporting and disease outbreak control measures in accordance with the provisions of Missouri Department of Health publication PACH-16, “Prevention and Control of Communicable Diseases: A Guide for School Administrators, Nurses, Teachers and Day Care Operators,” a copy of which shall be on file in the office of the Supervisor of Health Services and in the office of each school nurse.
PERSONNEL SERVICES Policy 4830 (Regulation 4830)
While the primary line of communication between the staff and the Board of Education remains through the Superintendent, the Board expresses a desire to maintain open communication with the certificated and support staff. Open communication between Board and staff facilitates continuing improvement of education and the proper disposition of personnel matters that may arise.
PERSONNEL SERVICE Policy 4831
In the event that a group of employees select a bargaining representative in accordance with state law, the District will satisfy its legal obligation as set out in Regulation 4831.
PERSONNEL SERVICES Policy 4840
Conflict of Interest
District employees are prohibited from engaging in any activity which would conflict, or raise a reasonable question of conflict, with their responsibilities in the District.
PERSONNEL SERVICES Policy 4850 (Regulation 4850)
Staff Dispute Resolution
The Board of Education recognizes that in any workplace misunderstandings and disputes arise. If left unresolved, these disputes could undermine staff morale and can interfere with the educational mission of the District. The Board has adopted a formal process for dispute resolution that encourages specified employees to resolve concerns quickly and at the most immediate administrative level. This policy does not limit the right of any employee to file a complaint under Policy and Regulation 1300 based on harassment or discrimination because of an individual’s race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any characteristic provided by law.
January 2018, Copyright © 2018 Missouri Consultants for Education, LLC
PERSONNEL SERVICES Policy 4860
Personnel files on all employees will be maintained in the District's administrative offices. It is the intent of the Board of Education to maintain complete and current personnel files, including all information necessary to comply with the Fair Labor Standards Act, for all District employees
The District will maintain the following information in personnel files: applications, certification documents, performance evaluations, current transcripts, employment contracts and performance related documents. Medical records, including health insurance records, will be maintained separately. Files containing immigration records will be kept separate from personnel files.
The personnel file(s) of an individual employee will be considered confidential to the extent allowed by law. Access to personnel files will be on a strict need to know basis by appropriate District administrators, legal counsel, or state agencies with authority.
Upon request to and in the presence of the appropriate administrative official, any employee will have the right during regular working hours to inspect his/her own personnel file, with the exception of the ratings, reports and records obtained prior to the employment of the individual, including confidential placement papers.
Information of a critical nature will not be entered or filed in the employee's personnel folder until the employee is given notice, as well as an opportunity to review the information and comment thereon. The employee will have the right to append a reply to the statement, which will also be included in the folder.
PERSONNEL SERVICES Policy 4865
The District is committed to provision of a quality education in a transparent and supportive environment. Employees who engage in certain discussions of District operations; disclosure of alleged prohibited activities or testimony before a court, administrative, or legislative body will not be subject to disciplinary action as provided in this Policy 4865. The protection of this policy extends to dismissal, demotion, transfer, reassignment, suspension, reprimand, warrant of such disciplinary action, withholding of work irrespective of whether such action affects the employees’ compensation.
The following categories of employment activity are protected under this policy.
Discussion of District Operations
Employees are protected in discussing the operations of the District with any member of the legislature, state auditor, attorney general, a prosecuting or circuit attorney, a law enforcement agency, news media, the public or any state official or body charged with investigating any alleged misconduct described in this policy. Such protection will not restrict or preclude the administration from disciplining an employee who knew the information discussed was false; the information was closed or confidential under law, or when the discussions relate to the employee’s own violations, mismanagement, a gross waste of funds, abuse of authority, or endangerment of public health or safety.
Disclosure of Prohibited Activity
Employees are protected in making disclosures of any prohibited activity under investigation or any related activity, or for the disclosure of information which the employee reasonably believes demonstrates:
§ Violation of any law, rule or regulation.
§ Mismanagement, a gross waste of funds or abuse of authority, violation of policy, waste of public resources, attention of technical findings, or communication of scientific opinion, breaches of professional ethical census, or a substantial and specific danger to public health or safety, if the disclosure is not specifically prohibited by law.
Similarly, no employee will be required to give notice to a supervisor prior to disclosing any activity set out in this subsection.
Employees are protected in their testimony before a court, administrative body, or legislative body regarding an alleged prohibited activity or disclosure of related information.
Limitations on Protected Activity
The employee protections set out in this policy will not prohibit:
§ A supervisor from requiring employees to inform the supervisor concerning legislative requests for information; the substance of testimony made or the substance of testimony to be made to legislators on behalf of the District.
§ A supervisor may preclude an employee from leaving their assigned work area during normal work hours or without complying with the applicable rules, regulations and policies. However, this limitation will not apply when an employee is requested by a legislator/legislative committee to appear before such legislative committees.
§ A supervisor from disciplining an employee who represents his/her personal opinions as the opinion of the District.
§ A supervisor from disciplining an employee who discloses or discusses information the employee knew was false; the information is closed or is confidential under the provisions of the open meetings law or any other law; or the disclosure relates to the employee’s own violations, mismanagement, a gross waste of funds, abuse of authority or the endangerment of public health or safety.
Referral to the State Auditor
Where an employee alleges that they were disciplined for disclosure or discussion of information related to the receipt or expenditures of public funds, the employee may request the state auditor to investigate the alleged misconduct and whether unlawful disciplinary action was taken as provided in this policy.
The District will post a summary of this policy in locations in all District facilities where it would reasonably be expected to come to attention of all District employees. In addition, this policy will be posted on the District’s website.
PERSONNEL SERVICES Policy 4870
Drug Free Workplace
The unlawful possession, use or distribution of illicit drugs and alcohol on school premises or as a part of school activities is strictly prohibited.
Employees under the influence of alcohol, drugs, or controlled substances while on duty are a serious risk to themselves, to students and to other employees. Employees who display physical manifestations of drug or alcohol use while on duty, may be subject to drug testing. Any employee who violates this policy will be subject to disciplinary action up to and including termination and referral for prosecution. Employees may also be required to satisfactorily participate in rehabilitation programs.
As a condition of employment, all employees must abide by the terms of this policy. Employees who are convicted of a drug offense which occurred on school premises or while on duty must notify the Superintendent of their conviction. Notification must be made by the employee to the Superintendent within five (5) days of the conviction. Within ten (10) days, the Superintendent will provide notice of such violation to the Impact Aid Program, United States Department of Education, or other appropriate government agency.
The District will institute a drug-free awareness program to inform employees of:
1. The dangers of drug and alcohol abuse in the workplace.
2. This policy of maintaining a drug-free workplace.
3. Available counseling and rehabilitation.
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
On the basis of medical certification, employees with the illness of chemical dependency shall qualify for the employee benefits and group insurance coverages that are provided for under group health and medical insurance policies. The confidential nature of the medical records of employees with chemical dependency shall be preserved in the same manner as for all other medical records.
The District's responsibility for chemical dependency is limited to its effects on the employee's job performance. If the employee violates this policy, refuses to accept diagnosis and treatment, or fails to respond to treatment, and performance is adversely affected, the employee will be subject to employment action in proportion to the performance problem. Implementation of this policy will not require or result in any special regulations, privileges or exemptions from the standard administrative practice applicable to job performance requirements.
Upon the request of the Department of Elementary and Secondary Education or an agency of the United States, the District shall certify that it has adopted and implemented the drug prevention program described in this policy, in the form required by such agency. The District shall conduct a biennial review of this policy to determine its effectiveness, implement necessary changes, and to ensure that the disciplinary sanctions are consistently enforced.
It shall be a violation of this policy for any employee to possess, use, manufacture, distribute, or be under the influence of medical marijuana in any manner inconsistent with Missouri state law and applicable regulations. Additionally, employees may not be under the influence of marijuana while they are (i) acting in the scope of their employment, whether on District property or off, or (ii) present at any school- or District-sponsored or sanctioned event such as athletic events or conferences. Employees may seek reasonable accommodations related to medical marijuana under the District’s policies and procedures addressing the Americans with Disabilities Act.
District employees who are subject to the Transportation Employee Testing Act may not use medical marijuana on work days and may not use marijuana while on District transportation. Transportation employees who test positive for any controlled substance including marijuana are subject to dismissal. Transportation employees who cannot, for medical reasons, comply with this policy may request a transfer to a non-safety sensitive position.
The District will maintain NARCAN or other opioid antagonists to be admitted in emergency situations by a trained school nurse. (See Policy 2874 - Administering Opioid Antagonists).
The information in this policy will be distributed to all present and future employees.
PERSONNEL SERVICES Policy 4871 (Regulation 4871)
Staff Welfare (Form 4871)
Driver Drug Testing
The District recognizes that it shares the responsibility to prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by its employees who operate commercial motor vehicles. The District complies with the provisions of the Omnibus Transportation Employee Testing Act of 1991, which mandates that the District test its drivers who are required to hold commercial drivers licenses under specified conditions. The District will regularly evaluate its policies and procedures to ensure that it remains in compliance with federal regulations.
PERSONNEL SERVICES Policy 4872
ALCOHOL AND ILLICIT DRUGS
The District prohibits all employees from the possession, distribution, or presence under the influence of alcohol and non-prescribed controlled substances while on school premises. This prohibition is exemplified by Policy 1870 Drug-Free Workplace and Policy/Regulation 4871 Driver Drug Testing. Violation of this policy as well as Policies 4870 and 4871 will result in disciplinary action up to and including termination. In addition, such violation may result in substantially reduced or forfeiture of workers compensation benefits where the use of substances prohibited by this policy was in conjunction with or related to a work place injury.
Post Accident Drug / Alcohol Testing
Employees under the influence of alcohol, drugs, or controlled substances while on duty are a serious risk to themselves, to students, to other employees, and to District property. Where an employee holding a safety sensitive position is involved in an accident producing injury, the District will require the employee to submit to post injury alcohol/drug testing.
Post accident testing will be utilized after any accident
§ involving the loss of life;
§ resulting from a violation of Board Policy or Regulations, or municipal, state, or federal law;
§ which results in an injury to a person who receives medical treatment;
§ resulting in disabling damage to any motor vehicle or piece of District equipment;
§ resulting from a violation of a safety regulation or safety directive.
Refusal to submit to post injury testing will result in disciplinary action up to, and including termination, and may result in forfeiture of Workers Compensation benefits for injuries related to the request for testing.
Employees holding a non-safety sensitive position will be subject to post accident drug testing where a District administrator has sufficient cause to suspect the employee’s use of alcohol or non-prescribed controlled substance producing accident, in conjunction with or related to a work place testing. Such post accident testing will be utilized in the instance of the occurrence of any of the five instances set forth in this policy.
Safety Sensitive Positions:
The following list of positions are hereby classified as “safety sensitive” due to the serious risk of harm that can result from performing said job duties while impaired by drugs or alcohol; therefore, employees occupying such positions are subject to drug testing in accordance with published Board Policies and Regulations:
· Food service employees.
· Transportation employees.
· Custodial employees.
· Maintenance employees (HVAC, Electrical, Plumbing).
Any district employee whose job duties involve the performance of supervising children, including, but not limited to teachers, teachers’ aides, lunchroom/playground monitors, etc.
PERSONNEL SERVICES Policy 4873
Staff Cell Phone Usage
The use of cell phones, iPads and similar personal electronic devices during work time presents a significant safety risk, as well as, adversely impacts work time. For safety and educational reasons, the instructional staff and support staff, except as provided in this policy for transportation employees, are not permitted to use such personal electronic devices during work time. Exceptions will be made for bonafide school related emergencies.
Bus drivers and other employees driving district vehicles and employees driving while on District business are prohibited from using cell phones, iPads, and related electronic devices while driving. If an emergency occurs, the vehicle should be parked and remain parked in a safe location during the use of the electronic device. Bus drivers and employees driving District vehicles should log those work time emergency calls with date, time, call duration and vehicle location with their supervisor as soon as is practicable.
PERSONNEL SERVICES Policy 4880
Use of District Property
Employees may be provided access to and use of District property including, but not limited to, desks, file cabinets, closets, storage areas and computers for classroom use. These items remain the property of the District and are subject to inspection by District administrators.