PERSONNEL SERVICES Regulation
4120
(Form 4120)
Employment
Employment Procedures
Certificated Staff
All staff members shall be appointed by the Board only upon recommendation of the Superintendent. Should a person nominated by the Superintendent be rejected by the Board, it shall be the Superintendent's duty to make another nomination.
The
Superintendent shall assure that all persons nominated for employment meet
certification requirements and the qualifications established for the
particular position.
Interviewing
and selection procedures shall assure that the principal or other administrator
to be directly responsible for the work of the staff member has, to the extent
possible, an opportunity to aid in his/her selection; however the final
selection shall be made or approved by the Superintendent.
All
candidates shall be considered on the basis of their merits and qualifications
and the needs of the school system. In each instance the Superintendent and
others playing a role in the selection shall seek to hire the best-qualified
person for the job. No person shall on the basis of sex, race, religion, national
origin, marital status, age or disability that will not impair performance be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination in employment for recruitment, consideration, or selection,
therefore, whether full-time or part-time, certificated or noncertificated,
under any educational program or activity operated by the District.
To
teach in the public schools of' Missouri, the teacher must possess an
appropriate and valid teaching certificate. The laws state specifically that
the teacher must not assume that a portion of the school year can be taught
before obtaining a certificate, because the certificate must be in force for
the full time for which the contract is effective, beginning the first day of school.
If the teacher does not already have a teacher's certificate or has not made
arrangement to secure it, he/she should contact the office of the
Superintendent/designee at once to make such arrangements. This certificate,
along with official copies of transcripts showing all college hours and degrees
must be kept on file with this office. If the certificate or letter of
intent from the State Department is not on file, no salary payments will be
made.
Support Staff
Letters of employment for support staff are issued as soon as feasible after salary schedule and terms have been approved by the Board. Since full-time employees begin their year on July 1, target date for issuance of letters of employment is as close to the beginning of the fiscal year as possible.
The
work year for support staff personnel will be set by the Board based on
classification and responsibilities.
Support
staff employees will be paid on the Board-approved salary schedule.
Immigration Reform
and Control Act
The federal Immigration Reform and Control Act requires all employers to hire only American citizens and aliens who are authorized to work in the United States in order to preserve jobs for those who are legally entitled to them. The District will implement the following procedures to assure compliance with the law:
For
further information concerning the procedures surrounding the Form I-9 or the
District's obligations under the Act, consult the District office responsible
for personnel matters.
Missouri Automated
Criminal History Site (MACHS)
Applicants whose fingerprints have been taken as part of the MACHS criminal record check, as required by the District, are entitled to the following rights:
September 2015
PERSONNEL SERVICES Regulation
4130
Employment
Form 4130
Certificated Staff Contracts
Probationary
Teachers without previous teaching experience will
receive a probationary contract for each of their first five years of full-time
employment or for the corresponding period of part-time service.
Probationary teachers will be notified in writing of the
Board's intent to reemploy them for the next school year. This written notice
will be provided on or by April 15. Teachers who are not provided a timely
notice will be automatically reemployed for the next school year.
Probationary teachers will be provided with a written
contract on or by May 15 and will be required to provide the Board with a
written acceptance or rejection within fifteen (15) days of receipt of the
contract. Failure to provide a timely acceptance of the contract will be deemed
a rejection of the Board's employment contract.
Permanent
Permanent
teachers will be provided with an indefinite contract as provided by state
statute. Indefinite contracts may be modified by the Board on or before May 15
with respect to the school year and with respect to annual compensation. Permanent
teachers will receive copies of contract modifications within thirty (30) days
of Board adoption.
Administrative
All administrators will be provided with contracts of
from one-to-three-year duration. Administrative personnel, other than the Superintendent,
who are employed under a one year contract will be notified on or before April
15 of the Board's wish to reemploy them in their present administrative
position. Failure to provide a timely notice of reemployment will result in the
administrator's reemployment in the present position and salary. Administrators
employed on one-year contracts, and who are notified of renewal, will receive a
written contract on or by May 15, and will have fifteen (15) days to accept the
contract. Jan 03
PERSONNEL SERVICES Regulation
4220
Personnel Assignments and Transfer
Certificated Staff Duties, Schedule and Work Hours
Normal
Working Day
Members of the teaching staff are required to be on duty
fifteen (15) minutes before the beginning and fifteen (15) minutes after the
close of the students' day.
It is recognized that professional duties and
responsibilities extend beyond the student contact hours to include time for
such activities as additional planning and evaluating, meetings, professional
growth, parent conferences, sponsoring activities and participation in Open
House and PTO meetings, if needed. These professional tasks will be equitably
shared so that no staff member is given undue burdens.
Snow/Emergency Days
In the event that
schools are closed due to snow or inclement weather, teachers are not expected
to report for work.
Duty Free Lunch
Efforts will
be made to provide an uninterrupted duty‑free lunch period of at least
twenty-five (25) minutes daily. When temporary, unanticipated emergency
situations arise, teachers may not receive the full twenty-five (25) minutes.
The
scheduling of lunch periods shall be determined by the building administrator
or supervisor. Staff members may leave the school building during such periods;
however, clearance must be made through the building principal/designee and a
prompt return to assigned duties is mandatory.
The working hours for support staff will be set by the Board of
Education based on classification and responsibilities.
Personnel shall not be permitted to trade lunch or break time in
order to depart early.
Individuals who begin work earlier or work later than their
assigned hours must receive prior authorization from their immediate
supervisor.
Individuals who work more than forty (40) hours during any
workweek will be awarded compensatory time off ("comp time") or paid
overtime. Comp time or overtime pay will be awarded at the rate of one and
one-half (1½) hours for each hour of overtime worked.
1.
Comp
time may be accrued up to 120 hours (80 overtime hours). Overtime work beyond
this maximum accrual will be monetarily compensated at the rate of one and
one-half (1½) times the individual's normal hourly rate of pay.
2.
Every
effort will be made to permit the use of comp time at the earliest time
mutually agreed upon by the individual and his/her supervisor. However, where
the individual's absence would unduly disrupt the District's operations, the
District retains the right to postpone comp time usage.
3.
Individuals
who accrue comp time from July 1-December 31 but do not use the time will be
paid any unused comp time as of December 31. Individuals who accrue comp
time from January 1-June 30 but do not use the time will be paid any unused
comp time as of June 30. Individuals with unused comp time who are terminated or who
terminate their employment will be paid for unused comp time at their final
hourly rate of pay.
In the event a supervisor wishes to arrange mutually agreeable
exchange of a workday, i.e., a weekend, or work on a holiday period day, such
an arrangement must be reported to the Superintendent/designee stating:
1.
Dates
involved
2.
Reason
3.
Exchange
date(s) for compensatory time
Such exchanges are to be done at the earliest time possible,
preferably by the next week, and are to be recorded appropriately on the
attendance report.
Compensatory time or overtime pay is not authorized unless
approved in advance (except for emergency situations) by the
Superintendent/designee upon recommendation of the employee's immediate
supervisor. Employees who violate the
overtime provision will be subject to disciplinary action.
In the event the schools, or at times a school, are closed due to
snow, inclement weather, or for any other emergency reason, designated
employees will report to work as per the established District procedure.
PERSONNEL SERVICES Regulation
4320*
Absences, Leave and Vacation
Personnel Leave
Paid Sick Leave
Sick leave
may only be used for illness of the staff member or the staff member's
immediate family. Immediate family is defined as spouse, parents, grandparents,
children, sibling or spouse’s sibling, mother or father‑in-law, or
grandchild.. The Superintendent/designee may request a physician’s statement
regarding an absence and/or verification that the employee may return to work.
Personal Leave
Paid personal
leave days may only be used for personal business that cannot be transacted in
nonwork hours. Personal leave days cannot be used for work stoppages, vacation
or recreation use. Employees desiring to use personal days must schedule a
request to the faculty principal at least one week in advance. The
Superintendent/designee has the right to deny any request for personal leave
that does not conform to the policy or would cause a hardship to students or
staff. Employees will be provided with two (2) days of personal leave per
year. Professional and support staff
members employed in excess of nine (9) months shall be granted one (1)
additional day. Unused personal leave
days will accumulate as sick leave days.
Vacation
All support
staff employed on a 12-month basis will receive two (2) weeks of vacation per
year for up to five (5) years of continuous employment, three (3) weeks
vacation per year for five (5) through ten (10) years of employment, and four
(4) weeks vacation per year after ten (10) years of continuous employment with
the district. An employee must submit a
written request for vacation to the superintendent and receive written
authorization before taking vacation days.
If the employee’s absence may disrupt district operations, the
superintendent has the discretion to deny a request for vacation or to limit
the time of year the employee may take his or her vacation.
Bereavement Leave
A maximum of three
(3) days may be used in any school year for bereavement purposes. Use of these
days will be charged to personal leave and if insufficient personal leave is
available, to sick leave. Bereavement leave is available only upon the death of
a member of the employee’s immediate family, as that term is defined in the
sick leave regulation. Bereavement leave
is not accumulative.
Leave for Jury
Duty
Employees called for jury duty or subpoenaed to testify in a civil or criminal proceeding will be granted leave apart from personal leave. Employees will receive their normal pay less any jury or witness fees received.
Military Leave
An employee
who is a member of the National Guard, or an organized military service of the
United States, and who is required by laws of the United States or the State of
Missouri to report for military duty, including training, shall be eligible for
a grant of military leave.
Application
for military leave shall be made in advance, as soon as practicable after the employee
becomes aware of his/her obligation to report and immediately upon the
employee’s receipt of official notice to report. A copy of the official orders must be added
to the leave application. The
Superintendent/designee must approve the application. Emergency mobilization orders shall be dealt
with on an individual basis.
The District
recognizes that employees who receive notice to report for duty typically are
not provided with discretion as to when to report. However, whenever an employee has a choice as
to when to report for military duty, the employee’s military leave shall be
arranged during periods in which school is not in session. When the employee is
given a choice as to when to report for duty, the Superintendent/designee may
request that the employee seek a change in military orders if such a change
appears to be in the best interest of the District.
Employees
shall receive leave with pay for the first fifteen (15) calendar days of
military leave in each federal fiscal year.
Additional military leave shall be without pay, except as required by
federal and state law.
Each employee
shall furnish a copy of the employee’s military payroll voucher to the
Superintendent/designee within thirty (30) days of the employee’s return to
regular assignment so that the necessary salary adjustments can be made.
Employee
eligibility for reinstatement after military duty is completed shall be
determined in accordance with federal and state laws.
Leave of Absence
Upon the
recommendation of the Superintendent/designee and the approval of the Board, an
employee of the District may be granted a leave of absence for non‑Family
and Medical Leave Act (FMLA) child care, education, or other good cause. Such
leave is renewable upon written request for one additional year only.
Application for leave is to be made in writing to the Superintendent/designee
via Principal/supervisor and must include the period for which the leave is
requested and the reasons for the request. The period should be set to least
disrupt the education of students. Requests for leave for an entire school year
should normally be made in writing before March 1 of the preceding year.
If leave is
approved by the Board, the employee is not paid for the period of the leave.
Insurance benefits may be continued by the employee by making all payments to
the Payroll Office, one month in advance.
The applicant
shall have been a certificated employee of the school district for not less
than six (6) consecutive years immediately preceding the application.
Whenever a
leave of absence has been granted by the Board to the end of the school year,
the employee must notify the Superintendent in writing by the first day of
March of an intention to resume his/her position at the beginning of the next school
year. Failure to notify the Superintendent/designee of such intention will be
regarded as a resignation.
Upon
completion of an approved leave, provided proper notification is given, a
teacher will be re-employed by the District unless placed on involuntary leave
of absence if tenured; or, if notified of nonrenewal of contract by April 15 if
a probationary teacher.
If desired,
and whenever feasible, the employee will be placed on the same or equivalent
position to the one held prior to the approved leave.
Absences, Leave and Vacation
Family and Medical Leave
ELIGIBLE EMPLOYEES
Employees eligible for family and medical
leave must:
1.
Have
been employed for a total of at least twelve (12) months (not necessarily
consecutive); and
2.
Have
worked at least 1,250 hours during the twelve (12) months immediately preceding
the commencement of the leave (for noninstructional staff and part-time
instructional staff), or have been considered full-time (for instructional
employees); and
3.
Be
employed at a work-site where the employer employs at least fifty (50)
employees within a 75-mile radius
All periods of absence from work due to or
necessitated by USERRA-covered service is counted in determining the employee’s
eligibility for FMLA leave.
QUALIFYING
REASONS FOR LEAVE
An eligible employee may take unpaid leave
for the following reasons:
1.
The
birth of the employee's child (leave must be concluded within one (1) year of
the date of birth).
2.
The
placement of a child with the employee for adoption, or foster care when foster
placement is pursuant to State action (leave must be concluded within one (1)
year of the date of placement).
3.
The
care of the employee's child (including biological, adopted, or foster child,
stepchild, legal ward, or child of a person standing in loco parentis, who is either
under age 18, or age 18 or older and is incapable of self-care because of
mental or physical disability), spouse or parent (including a person who stood
in loco parentis to the employee when the employee was a child -- but not
parent "in-law"), who has a serious health condition.
4.
The
serious health condition of the employee that makes the employee unable to
perform the essential functions of the employee's position.
5.
Any
qualifying exigency arising out of the fact the employee’s spouse, son,
daughter, or parent is a military member on covered active duty (or has been
notified of an impending call or order to active duty) requiring deployment to
a foreign country in support of a contingency operation. Such leave may include Rest and Recuperation
leave up to a maximum of fifteen (15) calendar days.
6.
Any
qualifying exigency arising out of a military member’s parent who is incapable
of self-care when the care is necessitated by the member’s covered active duty.
7.
The
care for a covered servicemember with a serious injury or illness, if the
employee is the spouse, son, daughter, parent, or next of kin of the
servicemember.
DEFINITIONS
1. Serious
Health Condition - An illness, injury, impairment, or physical or mental
condition that involves the following:
a. Inpatient Care: Inpatient care (overnight stay) in a
hospital, hospice, or residential medical care facility, including any period
of incapacity or any subsequent treatment in connection with such inpatient
care.
b. Continuing Treatment: Continuing treatment by a health care
provider, including the following:
i. Incapacity and Treatment: A period of incapacity of more than three
consecutive calendar days and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
1. Treatment
two or more times, within 30 days of the first day of incapacity, by a health
care provider, by a nurse or physician's assistant under direct supervision of
a health care provider, or by a provider of health care services under order
of, or on referral by, a health care provider; or
2. Treatment
by a health care provider on at least one occasion, which results in a regimen
of continuing treatment under the supervision of a health care provider. The in-person treatment visit must take place
within seven days of the first day of incapacity.
ii. Pregnancy or Prenatal Care: Any period of incapacity due to pregnancy, or
for prenatal care (even if the absence does not last more than three days and
the employee or family member does not receive treatment from a health care
provider during the absence);
iii. Chronic Conditions: Any period of incapacity or treatment for
such incapacity due to a chronic serious health condition (even if the absence
does not last more than three days and the employee or family member does not
receive treatment from a health care provider during the absence). A chronic serious health condition is one
which:
1. Requires
periodic visits for treatment by a health care provider, or by a nurse or
physician's assistant under direct supervision of a health care provider;
2. Continues
over an extended period of time (including recurring episodes of a single
underlying condition);
3. May
cause episodic rather than a continuing period of incapacity (e.g., asthma,
diabetes, epilepsy, etc.).
iv. Permanent or Long-Term Conditions: A
period of incapacity which is permanent or long-term due to a condition for
which treatment may not be effective.
The employee or family member must be under the continuing supervision
of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe
stroke, or the terminal stages of a disease.
v. Multiple Treatments: Any period of absence to receive multiple
treatments (including any period of recovery therefrom) by a health care
provider or by a provider of health cares services under orders of, or on
referral by, a health care provider, either for restorative surgery after an
accident or other injury, or for a condition that would likely result in a period
of incapacity of more than three consecutive calendar days in the absence of
medical intervention or treatment, such as cancer (chemotherapy, radiation,
etc.), severe arthritis (physical therapy), kidney disease (dialysis).
c. Exceptions: Unless complications develop, a Serious Health Condition does not include cosmetic treatments,
such as most treatments for acne or plastic surgery, the common cold, the flu,
ear aches, upset stomach, minor ulcers, headaches other than migraine, routine
dental or orthodontia problems, periodontal disease, etc. Treatment for
substance abuse by a health care provider or on referral by a health care
provider may be a serious health condition if the conditions of this policy are
met. Absence due to use of the substance, rather than for treatment, does not
qualify for FMLA leave.
d. Current Servicemember: A
serious injury or illness for a current servicemember includes any illness or
injury that existed before the beginning of the member’s active duty and which
was aggravated by service in the line of duty on active duty in the Armed
Forces.
e. Covered Veteran: A serious injury or illness is one that was
incurred or aggravated by the member in the line of duty on active duty in the
Armed Forces and manifested itself before or after the member became a veteran
and is:
i.
A continuation of a serious injury or illness
that was incurred or aggravated when the covered veteran was a member of the
Armed Forces and rendered the servicemember unable to perform the duties of the
servicemember’s office, grade, rank, or rating; or
ii.
A
physical or mental condition for which the covered veteran has received a VA
Service Rated Disability Rating (VASRD) of 50 percent or greater and such VASRD
rating is based, in whole or in part, on the condition precipitating the need
for caregiver leave; or
iii.
A
physical or mental condition that substantially impairs the veteran’s ability
to secure or follow substantially gainful occupation by reason of a disability
or disabilities related to military service or would so absent treatment; or
iv.
An
injury, including a psychological injury, on the basis of which the covered
veteran has been enrolled in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
2. Treatment - examinations to determine if a serious health condition
exists and evaluations of the condition. "Treatment" does not include
routine physical, eye, or dental examinations.
3. Health Care Provider -
includes doctors of medicine or osteopathy, podiatrists, dentists, clinical
psychologists, optometrists, chiropractors (for limited purposes), nurse
practitioners, nurse-midwives, clinical social workers, so long as they are
licensed (if required by state law) and are performing within the scope of
their practice as defined under state law; Christian Science practitioners
listed with the First Church of Christ, Scientist, Boston, Massachusetts; any health
care provider from whom an employer or a group health plan's benefit manager
will accept certification to substantiate a claim for benefits; a health care
provider as defined above who practices in a country other than the United
States and is licensed in accordance with the laws of that country
4. Regimen of continuing treatment - A course of prescription
medication or therapy requiring special equipment to resolve or alleviate the
health condition. A "regimen of
continuing treatment" that includes the taking of over-the-counter
medications such as aspirins, antihistamines, or salves, or bed rest, drinking
fluids, exercise, and other similar activities that can he initiated without a
visit to a health care provider, is not, by itself, sufficient to constitute a
regimen of continuing treatment for purposes of FMLA leave.
5. Qualifying
Exigency – One of the following activities or conditions, occurring while
the employee’s spouse, son, daughter, or parent is on active duty in a foreign
country or call to active duty status in the National Guard or Reserves:
a.
Short-notice
deployment - notice is received seven days or less from date of deployment;
b.
Military
events and related activities;
c.
Childcare
and school activities - arranging for alternatives or changed circumstances;
d.
Financial
and legal arrangements;
e.
Counseling;
f.
Rest
and recuperation (15 days maximum);
g.
Post-deployment
activities; and
h.
Additional
activities agreed upon by the employer and employee.
6. Covered
Servicemembers – Any current
member of the Armed Forces, including the National Guard or Reserves, and any
covered veteran undergoing medical treatment, recuperation, or therapy for a
serious injury or illness.
7. Covered Veteran - An individual who was discharged or released
under conditions other than dishonorable at any time during the five-year
period prior to the first date the eligible employee takes FMLA leave to care
for the covered veteran.
8.
Instructional employee - A person employed principally in an
instructional capacity, whose principal function is to teach and instruct
students in a class, a small group, or an individual setting, and includes
athletic coaches, driving instructors, and special education assistants such as
signers for the hearing impaired. The
term does not include teacher assistants or aids who do not have as their
principal function actual teaching or instructing, or auxiliary personnel such
as counselors, psychologists, curriculum specialists, cafeteria workers,
maintenance workers, bus drivers, or other primarily noninstructional
employees.
LENGTH OF LEAVE
1. General Rule: An eligible employee is entitled to up to
twelve (12) workweeks of unpaid leave within a twelve-month period without loss
of seniority or benefits. When both spouses in a family work for the District,
they will be entitled to a total of twelve (12) weeks of unpaid leave (rather
than 12 weeks each) for the birth, adoption, or foster placement of a child, or
to care for a parent with a serious health condition.
·
The
amount of leave available to an employee at any given time will be calculated
by using a “rolling” 12 month period measured backward from the date an
employee uses any FMLA leave.
·
All
leave taken under the policy and leave for any other reason that would qualify
under FMLA (e.g., worker's compensation leave that qualifies as a serious
health condition), will be counted against the employee's leave entitlement
under FMLA. Employees will be required
to run all FMLA leave concurrently with other leaves available to the employee.
·
When
an employee is not required to report for work for one or more weeks (e.g.,
instructional employees who do not report for work during Christmas/New Year
holiday, or during the summer), such days will not count against the employee's
FMLA leave.
2. Care
of Covered Servicemembers Leave: An
eligible employee is entitled to 26 workweeks of leave to care for a covered
servicemember with a serious injury or illness during a single twelve-month period,
which begins on the first day the eligible employee requests this type of FMLA
leave. The employee may take leave to
care for a covered servicemember and leave for one of the other FMLA-qualifying
reasons; however, in no event may an employee take more than 26 weeks of leave
in a single twelve-month period.
3. Instructional Employees -
End of Term Exceptions:
a. If
an instructional employee seeks leave for any purpose, including the employee's
own serious health condition, of at least three (3) weeks in duration and the
requested leave would begin more than five (5) weeks prior to the end of the
academic term (school semester), the District may require the employee to
continue taking leave until the end of the school term, if the instructional
staff member's return to employment would otherwise occur during the three (3)
week period before the end of such term.
b. If
the instructional employee seeks leave for any purpose other than the
employee's own serious health condition, less than five (5) weeks prior to the
end of the academic term, the District may require the staff member to continue
taking leave to the end of the term, if the leave is greater than two (2) weeks
in duration and the return to employment would occur within two (2) weeks prior
to the end of the term.
c. If
the instructional employee takes leave for any purpose other than the
employee's own serious health condition, within three (3) weeks prior to the
end of the term, and duration of the leave is greater than five (5) days, the
District may require the staff member to continue the leave until the end of
the term.
·
When
an employee is required to take leave until the end of an academic term, only
the period of leave until the employee is ready and able to return to work
shall be charged against the employee's FMLA leave entitlement.
COORDINATION
WITH EXISTING LEAVE POLICIES
During a leave related to the employee's
serious health condition, the employee shall exhaust all available paid sick
leave, personal leave or vacation before continuing such leave on an unpaid
basis.
During a family or medical leave provided
under this regulation for all other FMLA-qualifying leave, an employee shall
first exhaust all unused vacation or personal days before continuing such leave
on an unpaid basis.
At the conclusion of any FMLA leave, an
employee may elect to extend leave pursuant to the provision of other Board
policies and regulations governing extended leave, so long as the employee is
eligible for extended leave under such other policy or regulation. The amount of time taken for FMLA leave will
be deducted from the period of leave available under other extended leave
policies. Once the FMLA portion of the employee's leave has ended, and the
employee has elected to continue on leave pursuant to another Board policy or
regulation, the remaining portion of the leave will be governed by the
provisions of the other policy or regulation with respect to compensation,
benefits, reinstatement, and all other terms and conditions of employment as
set forth in the other policy or regulation.
CERTIFICATION
The District shall retain the right to
request a certification of the FMLA-qualifying need for leave from any employee
making such a request. The procedure for
providing such certification shall be as follows:
1.
Serious
Health Condition – When an
employee requests a leave of absence for a FMLA-qualifying reason, the employee
must submit to the Superintendent/designee, a written medical certification
form (available in the
Superintendent/designee's office). When
the leave is for the employee’s own serious health condition and District
provides a list of the employee’s essential job functions, the employee’s
health care provider must certify the employee is unable to perform an
essential function of the employee’s job.
Timing – Upon receipt from the District, an
employee has fifteen calendar days to return a complete and sufficient
certification of the serious health condition.
If the certification is incomplete or insufficient, as determined by the
Superintendent/designee, the District shall state in writing the nature of the
deficiency and grant the employee seven additional calendar days to provide the
District with a complete and sufficient certification. Failure to provide such certification within
the specified time period may result in denial or delay of leave.
Who
May Contact Health Care Provider
– In the event the District determines an employee’s certification remains
either incomplete or insufficient, after the employee has been notified of any deficiencies
and been granted time to correct such deficiencies, the following individuals
will be authorized to contact the employee’s health care provider:
i.
The
District’s own health care provider;
ii. Human
resources professional;
iii. Leave
administrator; or
iv. Administration
official.
Under no circumstances will the employee’s
direct supervisor be permitted to contact the employee’s health care provider
to certify the employee’s health condition.
Should an employee deny the District the ability to communicate with the
health care provider regarding an incomplete or insufficient certification, the
employee will be denied FMLA leave.
a.
Second/Third Opinion - The District reserves the right to
require an employee receive a second (and possibly a third) opinion from
another health care provider (at the District's expense) certifying the serious
health condition of the employee or family member. Further, second and third opinions may be
required for military caregiver leave certifications that are completed by
health care providers, as defined in Section 825.125 of the FMLA, who are not
affiliated with DOD, VA or TRICARE.
b.
Fitness for Duty - Before returning to work, an employee
who is on leave for the employee’s own serious health condition, must submit to
the Superintendent/designee a health care provider's written certification form
that the employee is able to perform the essential functions of the employee’s
job. The process for verifying the
employee’s fitness to return to duty shall be the same as for the initial
certification set out above. Failure to
provide a complete and sufficient fitness for duty certification may result in
the delay or denial of job restoration.
c.
Recertification - During the employee's leave, the
District may periodically seek a recertification, no less than once every
thirty days, unless the duration of the leave is known to be longer, in which
case the District will not seek recertification until the end of the known
duration of FMLA leave. The general rule
has three exceptions, which permit the District to immediately seek a
recertification from the employee. These
exceptions include the following: 1) the employee requests a
leave extension; 2) the circumstances necessitating leave change; or 3) the
District received information disputing the validity of an earlier
certification.
d.
Intent to Return to Work – The District may require an employee to
periodically report on the employee’s intent to return to work.
e.
Family Relationship - Employees requesting FMLA-qualifying leave
related to a family member may be requested to provide reasonable documentation
of the family relationship.
2.
Qualifying
Exigency – The District may require an employee to
provide it with a copy of the covered military member’s active duty orders in
support of a contingency operation, prior to permitting FMLA leave for a
qualifying exigency. The District may
also require the employee to certify, with reference to appropriate facts, that
the reason for taking FMLA leave is permissible as it is one of the eight
enumerated basis for taking qualifying exigency leave, as stated above. The process for any such certification shall
adhere to the procedure outlined for serious health conditions, listed above. For Rest and Recuperation leave, the District
may require a copy of the military member’s Rest and Relaxation leave orders,
or other documentation issued by the military setting forth the dates of the
military member’s leave.
3.
Care
for Covered Servicemembers – The
District may require certification completed by the covered servicemember’s
health care provider prior to permitting an employee to use FMLA for the care
of a covered servicemember. In addition
to certifying the authenticity of the covered servicemember’s serious injury or
illness, any certification must also identify the injury or illness as
occurring in the line of duty while on active duty. The process for any such certification shall
adhere to the procedure outlined for serious health conditions, listed above.
4.
Care
for Military Caregiver – The
District may require a Certification of Military Caregiver Leave, to be
completed by a Department of Defense (DOD) health care provider, a U.S.
Department of Veterans Affairs (VA) health care provider, a DOD TRICARE network
authorized private health care provider, a DOD non-network TRICARE authorized
health care provider or a health care provider, as defined in Section 825.125
of the FMLA who are not affiliated with DOD, VA or TRICARE. If the District requests certification, an
employee may submit documentation of enrollment in the VA Program of
Comprehensive Assistance for Family Caregivers as sufficient certification of
the covered veteran’s serious injury or illness. The documentation will be deemed sufficient
even if the employee is not the named caregiver on the document. However, if the employee submits the
documentation of the servicemember’s enrollment in the VA Program of
Comprehensive Assistance for Family Caregivers, the District may require the
employee to provide additional information, such as confirmation of the
familial relationship to the enrolled servicemember or documentation of the
veteran’s discharge date and status.
5.
Possibility
of Waiver of Certification – The
District, at its sole discretion, may waive the certification requirements set
forth in this Regulation, as the circumstances of each FMLA-leave request may
permit. Under no circumstances shall the
District’s exercise of its discretion be interpreted or construed as a
permanent waiver of the certification requirements, but such requirements shall
remain in full force and effect unless and until the District specifically
modifies or eliminates this Regulation.
INTERMITTENT OR REDUCED LEAVE
1. Birth
or Placement - Leave taken under this policy for the birth of a child, the
placement of a child for adoption or foster care, or to care for such child may
be taken on an intermittent or reduced work schedule only with the approval of
the Board of Education.
2. Non-Instructional Employees – FMLA
leave, other than birth or placement of a child, may be taken on an
intermittent or reduced-schedule basis when medically necessary. If an employee
seeks leave on an intermittent or reduced-schedule basis, the employee must
submit medical certification, as discussed above, and additional certification
from a health care provider, that the intermittent or reduced-schedule leave is
medically necessary.
·
The
District may require an employee taking intermittent or reduced-schedule leave
to transfer temporarily to an alternative available position for which the
employee is qualified or may modify the employee's current position to better
accommodate the employee's recurring periods of leave.
·
Whenever
the need for the FMLA leave is reasonably foreseeable, the employee must make a
reasonable effort to schedule the treatment so that it is not unduly disruptive
to District operations.
3. Instructional Employees - Leave taken because of the employee or
family member's serious health condition may be taken on an intermittent or
reduced-schedule basis when medically necessary. If an employee seeks leave on
an intermittent or reduced-schedule basis, the employee must submit medical
certification, as discussed above, and additional certification from a health
care provider that the intermittent or reduced-schedule leave is medically
necessary.
If an instructional employee requests
intermittent leave to care for a family member or the employee’s own serious
health condition that is foreseeable based on planned medical treatment, and
the employee would be on leave for more than twenty (20) percent of the total
number of working days over the period of the leave, the District may require
the employee to:
1.
Take
leave for a period or periods of a particular duration, not greater than the
duration of the planned treatment; or
2.
Transfer
temporarily to an available position for which the employee is qualified, which
has equivalent pay and benefits and which better accommodates recurring periods
of leave than does the employee's regular position
The employee must make a reasonable effort
to schedule the treatment so that it is not unduly disruptive to District
operations. The District will not
require the employee to take more leave than is necessary to address the
circumstances that precipitated the need for the leave, and will calculate time
lost in the same method used to calculate other types of absences, at an
increment of no more than one hour.
INSURANCE
PREMIUMS
During an employee's family or medical
leave of absence, the District will continue to provide health, life, vision,
and dental insurance coverage for employees who are eligible for insurance
benefits. Voluntary deductions (employee
contributions) for (dependent) insurance for health/life/vision/dental (and
employee disability and/or supplemental life insurance) must be paid in full
each month and received by the twenty-fifth (25th) day of the month. Payments
are to be submitted to the insurance office.
Failure to make payments in a timely manner while on FMLA leave may result
in the loss of any and all insurance coverage provided by the District to its
employees. Employees should contact the District administrator responsible for
coordinating insurance benefits regarding specific arrangements for making the
required payments.
JOB
RESTORATION
Upon return from FMLA-qualifying leave in
accordance with this Regulation, the employee will be returned to the same or
an equivalent position with no loss in benefits that accrued prior to the leave
of absence. An employee who does not return to work at the end of an authorized
leave may be subject to termination.
If an employee fails to return to work
after the termination of the leave period, the District may recover health
insurance premiums paid under the group plan during the leave period, except in
certain circumstances (e.g., continuing serious health condition of employee or
family member needing care, or other circumstances beyond control of employee).
The District may recover any other insurance premiums (e.g., premiums for supplemental
life insurance or for dependent coverage), submitted on behalf of the employee,
for which the District has not been reimbursed, either upon the employee's
return to work or the employee's failure to return after unpaid family or
medical leave has ended.
NOTIFICATION
1. District
Notification Procedure – The District shall provide its employees with
notice of their rights and responsibilities under the FMLA through use of the
following Notices:
a.
General Notice – A poster summarizing the FMLA
entitlements shall be placed in an area accessible for employees and shall also
be provided to each employee in the employee handbook.
b.
Eligibility Notice – This Notice shall state whether the
employee qualifies to take FMLA leave.
c.
Rights and Responsibilities Notice – This Notice, issued in conjunction
with the Eligibility Notice, will specify if a certification will be required
from the employee, identify if paid leave will run together with the FMLA
leave, address the procedure for making health insurance payments, the
consequences of failing to make timely payments, and the employee’s liability
for repayment of health insurance premiums if the employee fails to return to
work at the expiration of their FMLA leave. Finally, this Notice will explain
the employee’s right to return to the same or an equivalent job at the
expiration of their FMLA leave. Both the
Eligibility and Rights and Responsibilities Notices will be provided to all employees within
five business days of when the District becomes aware of a potential FMLA
situation.
d.
Designation Notice – Within five business
days of the District’s receipt of sufficient information from the employee to
make a determination, the District shall provide the employee with the Designation
Notice, which shall inform the employee if the leave shall be designated as
FMLA leave. This Notice will
designate the amount of leave counted against the employee’s entitlement,
specify if the FMLA leave will run concurrently with any accrued paid leave,
and notify the employee if a fitness-for-duty exam will be required prior to
returning to work.
2. Employee
Notification Requirements – Absent unusual circumstances, all employees
seeking FMLA leave must follow the District’s customary call-in procedure for
reporting absences. An employee who can
reasonably foresee the need to take FMLA leave is required to notify the
District of the date of commencement and the expected duration of the leave at
least thirty days in advance of the leave, or if the need for the leave is not
foreseeable, as soon as practicable. When the need for leave is foreseeable, an
employee's failure to provide thirty days notice prior to taking leave may
result in denial or delay of leave. An employee requesting leave under this
policy should submit a completed application for leave form (forms available in
the Superintendent's office) to the Superintendent/designee. An employee’s failure to follow the
District’s call-in procedure is grounds for the delay or denial of the employee’s
FMLA leave request.
ADDITIONAL
FMLA INFORMATION
The foregoing regulation represents
compliance with the provisions of the Family and Medical Leave Act of 1993 and
its revised regulations. Any employee
desiring additional information or explanation of the rules and regulations of
the Act, should review the District’s General Notice Poster or arrange a
conference with the Superintendent/designee.
October
2013
The District supports
professional development of its certified staff through the maintenance of a
professional development committee as well as assistance programs for new
teachers and resource programs for experienced teachers.
Professional
Development Committee
The purpose of the committee is to identify instructional concerns and
remedies; assist beginning teachers with the implementation of their
professional development plan; serve as consultant at a personal teacher's
request; arrange training programs for mentors; assess faculty needs; develop
in-service opportunities for school staff; and provide District administration
with suggestions, ideas and recommendations concerning instruction.
Committee
Composition
Eligibility to serve on the committee will be restricted to certified
employees with a minimum of five years of teaching and /or administrative
experience. Members selected will serve for a staggered three (3) year term
with one of the committee selected each of three years. New members will be
selected by classroom teachers, librarians and counselors. New members will be
selected on or by April 30 of the year preceding the member's term. Teaching
will be completed by June 30 and membership will commence on July 1 of the new
school year. Efforts will be made to insure that each attendance center is
represented on the committee and that a cross-section of grade levels and
disciplines are represented. Administrators may be selected to serve on the
committee but will not participate in the selection process.
New Teacher
Assistance Program
Each inexperienced teacher employed by the District will be assigned a
mentor by the building principal. Mentors will be required to possess at least
five (5) years of teaching experience and have received or be willing to complete
mentor training. Mentors will work closely with their assigned new teachers
during the teachers' first two (2) years upon request or at the direction of
the building principal during the mentoring period.
New teachers, with the assistance of their mentors,
will prepare professional development plans. The plans will be consistent with
the evaluation criteria and will establish plans of development for the
teachers' first two (2) years of teaching.
Local Business
Externships for Professional Development
Local business externship means an experience in which a teacher
supervised by the District gains practical experience in a business, located
within the District, through observations and interactions with employers and
employees who are working on issues related to subjects taught by the
teacher. Any hours spent in a local business externship will count as
contact hours for professional development.
Local Business
Externships for Credit
Teacher externships are practical experiences in which a teacher,
supervised by the District, gains experience at a business located in Missouri
through observation and interaction with employers and employees.
Requirements for teacher externships to be considered the equivalent to
graduate level credit hours for salary schedule purposes will be developed by
the Department of Economic Development and Department of Elementary and
Secondary Education by July 1, 2020. Teachers who satisfied their state
graduate credit equivalences will receive appropriate credit on the District’s
salary schedule. Unless reauthorized by the General Assembly, the teacher
externship program will expire on September 2024.
August 2019
PERSONNEL SERVICES Regulation
4420
Professional Activities, Training and Professional
Growth
Conferences and Travel
In order to
conservatively use funds and to provide an equal opportunity for staff to
attend conferences, the following guidelines are established with respect to
requests to be away from assigned duties in order to attend workshops and
conferences:
1. Requests
will be submitted in sufficient time to the Superintendent/designee fourteen
(14) days prior to scheduled Board meetings. Further, requests must be
submitted in sufficient time for Board approval prior to the date of the
conference workshop.
2. The
District will only pay membership registration fees, with nonmembers being reimbursed
only for member fees.
3. Normally,
no more than two persons from each school will attend conferences, depending
upon available funding.
4. For
major conferences held locally (reading, math, curriculum and instruction,
etc.), normally only two (2) days of release time should be approved in order
to permit attendance
by as many teachers as possible.
5. The
equitable allocation of travel funds to schools and offices will be the
responsibility of the Superintendent/designee.
6. Conference
requests need to have an invitation or pamphlet attached for verification of
activity and a brief rationale for the request.
7. Conference attendees will not be paid
unless a "report of conference" and verification of
expenses are submitted.
8. Request
to attend professional conferences in order to sell items or to man booths for
professional organizations will not be approved.
9. Employees
must state on application whether or not the sponsoring organization is paying
the conference attendee any "honorarium" or travel expenses. An
employee receiving an honorarium must use a vacation or personal leave day.
Otherwise, the honorarium must be remitted to the District.
Action
All
administrators who process conference and workshop requests shall inform their
personnel of these guidelines prior to making any recommendation and forwarding
the request.
PERSONNEL
SERVICES Regulation
4440
Professional
Activities, Training and Professional Grants
Mentoring
District mentoring guidelines are
as follows:
I.
The
mentor will introduce and help to integrate the mentee into the culture of the
school, the district, and the community by:
a.
Instructing the mentee on
the District’s policies, procedures, CSIP, and goals.
b.
Communicating the social
environment of the surrounding community.
c.
Familiarizing the mentee
with local, district, and national organizations that are active within the
school environment.
d.
Discussing any classroom
issue the mentee may have; such as how the school handles race, gender, or
disability issues.
e.
Providing ongoing
assistance with data analysis, assessments procedures/practices.
f.
Discussing any district
initiatives or parental concerns the mentee would find helpful to know about.
g.
If necessary, explaining
district acronyms.
II. The mentoring program
will provide a systematic and ongoing program review/evaluation by all
stakeholders:
a.
The program will identify
all stakeholders.
b.
The program will identify
desired mentoring outcomes, timelines for those outcomes, and how the desired
outcomes will be measured.
c.
The program will include
a systematic and continuous system for gathering feedback on the mentoring
program from mentors, mentees and administrators. (One possible method of
gathering data would be through pre and post surveys of mentors and mentees,
etc.).
d.
The program will be based
on a foundation of best teaching and student learning practices.
e.
The program will require
independent/anonymous exit interviews, so clear reasons for staff departure can
be determined.
f.
The program will be
supported by central office and school board trend data.
g.
The program will be
included in broader Professional Development program evaluations.
III. The mentoring program
will include an individualized plan for beginning educators that aligns with
the district’s goals and needs and:
a.
The individualized plan
will be aligned with the District’s Teacher/Educator Evaluation standards.
b.
The individualized plan
will be a systematic and concise mentoring and professional development plan
that prioritizes the immediate and future needs of the new educator.
c.
The individualized plan
will align with all the district’s CSIP and certification requirements.
d.
The individualized plan
will establish outcomes for new educators.
e.
The individualized plan
will be an extension or part of a professional development plan that may have
begun during student teaching/internship or culminating project in college.
f.
The individualized plan
will establish classroom or on the job observations that are guided by and
contain a checklist of best practices observed by the mentor.
g.
The individualized plan
will encourage structured experiences and expectations for all new educators.
IV. The mentoring program
will have appropriate criteria for selecting the mentors that will operate
within the program:
a.
The mentor will have a
minimum of three years of teaching experience.
b.
The mentor will be
committed to optimizing student learning.
c.
The mentor will show
enthusiasm and a commitment to the education profession.
d.
The mentor will have a
commitment to self-growth and a commitment to the growth of any future mentee.
e.
The mentor will hold the
same or similar position in respects to the grade and subject area of the
mentee.
f.
The mentor/mentee will
have the ability to use mechanisms that will be in place to end the pairing if
either the mentor or mentee is not satisfied.
g.
The mentor will have an
understanding of both broad educational issues and specific teaching/learning
issues.
h.
The mentor will have a
strong understanding of pedagogy, instructional expertise and relevant
administrative issues.
i.
The mentor will be made
available, through release time or some other mechanisms, to mentor their
assigned mentee.
j.
The mentor will be
assigned by the building principals with input from the grade level or
department level chair person.
k.
The mentor shall be
supported in time and effort by the administration and the school board.
V. The mentor program will
provide comprehensive mentor training to all mentors:
a.
The mentor training
program will teach the prospective mentors that the mentoring process is not an
evaluation and that confidentiality is required between mentor and mentee
(unless it is a situation involving child endangerment).
b.
The mentor training
program will include cognitive coaching and collaborative training skills.
c.
The mentor training
program will include observation and feedback on the training and skills of the
mentors.
d.
The mentor training
program will provide the mentors with an awareness of the phases of first-year
educators (stress, depression, etc.).
e.
The mentor training
program will provide mentors with a catalogue of the resources that are
available to beginning educators.
f.
The mentor training
program will teach mentors the need to recognize the need for knowledge and
strategies in regards to classroom management.
g.
The mentor training program
will provide for formation of mentoring consortia.
h.
The mentor training
program will teach mentors to focus on exemplary teaching and assessment
practices.
i.
The mentor training
program will teach mentors to build working strategies that encourage problem
solving and independent thinking.
j.
The mentor training
program will teach mentors the importance of student assessments and how these
assessments may be utilized to guide future classroom instruction.
k.
The mentor training
program will instruct the mentors on the importance of including a
self-assessment that identifies whether mentoring is meeting both the mentor’s
and the mentee’s expectations.
l.
The mentor training
program will stress the importance of student learning.
During
the mentoring program mentors will be given sufficient time to observe the
beginning educators and for the beginning educators to observe master
educators. The times of the observations should be structured in a way that
limits that amount of time a substitute teacher is required while still
allowing multiple opportunities for the observations. These results may be
achieved by:
m.
Aligning class schedules
and planning periods in a way that allows for the completion of mentoring
duties.
n.
Utilizing state and local
professional development funds, career ladder, or stipends to support the
mentor’s additional duties.
o.
Providing release time
for at least three observations and meetings between the mentor and the mentee.
p.
Encouraging colleges to
support mentors and mentees, using online classes, having personal visits
and/or using a beginning educators’ assistance program.
Mentor
Assignments/Program Delivery
Mentors will be allowed a
sufficient amount of time to observe the teaching of the mentee. These
observations should be accomplished via release time and schedule coordination.
Additionally, when executing the mentoring program the following elements
should be met:
1.
That every new educator
participates in a mentoring program approved and provided by the district for a
minimum of two years.
2.
That the program should
provide the new educator with an introduction to District students, community,
district, school, and classroom in a way that is systematic, ongoing and
individualized.
3.
The program will have
classrooms visits with pre and post conferences and allow time for
mentor/mentee activities and meetings.
Program
Accountability
All mentor programs will have
systematic and ongoing program review and evaluation by all stakeholders that
identifies mentoring outcomes and their measurements, gathers feedback from
stakeholders, and includes anonymous exit interviews.
July 2014
PERSONNEL SERVICES
Regulation
4540
Compensation
Group Insurance Benefits
The insurance
program for all school personnel who are eligible shall be determined by the annual
school budget as first approved by the Board of Education.
There may be
years in which the amount determined by the Board to be set aside for personnel
insurance benefit will not equal the total amount required by the coverage
carrier. The employee must pay the difference or elect not to participate in
the program; election not to participate must be approved by the Board.
If the
employee elects not to take the Board benefit, the Board is not obligated to
reimburse the employee an equal amount of the benefit not taken.
The final
date for notification of participation in the health benefit by the employee is
the date set by the insurance company.
Group
insurance benefits are made available to full‑time personnel, as defined
by the District and/or the insurance provider.
PERSONNEL SERVICES
Regulation
4730* (Form
4730)
Separation
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 the following procedures:
Definitions
The following definitions shall apply in the administration of the
Missouri Teacher Tenure Act:
1.
Teacher: Any employee of a school district, except a metropolitan school
district, regularly required to be certified under laws relating to the
certification of teachers, except superintendents, assistant superintendents
and any other persons regularly performing supervisory functions as their
primary duty.
2.
Permanent
Teacher: Any teacher who has been
employed or who is hereafter employed as a teacher in the same school district for
five successive years, and who has continued or who thereafter continues to be
employed by the school district; except that, when a permanent teacher resigns
or is permanently separated from employment by a school district, and is
afterward re-employed by the same school district, re-employment for the first
school year does not constitute an indefinite contract, but if he or she is
employed for the succeeding year, the employment constitutes an indefinite
contract; and except that any teacher employed under a part-time contract by a
school district shall accrue credit toward permanent status on a prorated
basis. Any permanent teacher who is
promoted with his or her consent to a supervisory position including principal
or assistant principal, or is first employed by a district as a principal or
assistant principal, shall not have permanent status in such position, but
shall retain tenure in the position previously held within the district, or,
after serving two years as principal or assistant principal, shall have tenure
as a permanent teacher of that system.
3.
Probationary
Teacher:
Any teacher as herein defined who has been employed in the same school
district for five successive years or less.
A teacher recognized as a full-time teacher by a public school
retirement system shall be recognized as a full-time teacher by a public school
retirement system shall be recognized as a full-time teacher under sections
168.102 to 168.130. In the case of any
probationary teacher who has been employed in any other school system as a
teacher for two or more years, the Board of Education shall waive one year of
his or her probationary period.
Nonrenewal
1. On or
before the 15th day of April in each school year, the Board will notify in writing
each probationary teacher whose contract will be nonrenewed for the next
school year.
2. A
probationary teacher is not entitled to a warning, a probationary period,
notice of charges, nor a hearing prior to the Board's decision to nonrenew the
contract of a probationary teacher.
3. A
probationary teacher whose contract is nonrenewed may request a concise
statement of the reasons for the Board's decision.
4. The District will issue a notice to
the teacher if the reason for nonrenewal is due to a decrease in pupil
enrollment, District reorganization or the financial condition of the District.
Termination of Employment During the Term of a Contract
1. If, in
the opinion of the Board of Education, a probationary teacher is performing
his/her professional duties in an incompetent or insubordinate manner, the
Board/Superintendent will provide the teacher with a written statement setting
out the deficiencies in the probationary teacher's performance and will provide
the teacher with a ninety- (90) day probationary period within which to resolve
the deficiencies.
2. If
improvement, satisfactory to the Board, has not been made during the ninety-
(90) day probationary period, the Board may terminate the employment of a
probationary teacher. Prior to
consideration of termination, the Board/Superintendent will provide the
probationary teacher with a written Statement of Charges and Notice of Hearing.
Upon request, the Board will conduct a due process hearing to consider
termination.
3. The
Board may also terminate a probationary teacher's contract during the term of a
contract for statutory causes as listed in Policy 4730.
Nov 04
PERSONNEL SERVICES
Regulation
4731
(Form
4731)
Separation
Termination of Contract: Permanent
Teacher
Pursuant
to state statute, the Board of Education may terminate the contract of a
permanent teacher at anytime during the teacher’s employment in accordance with
the following procedures:
Termination
for Incompetence, Insubordination and Inefficiency
1. Permanent
teachers considered for possible termination for incompetence, insubordination,
and inefficiency will be provided with a notice of performance deficiencies and
an opportunity to resolve the noted deficiencies. The notice of deficiencies will advise the
teachers of the specific performance concerns, which if not resolved may result
in dismissal charges being filed. At the
time the notice of deficiency is issued, a District administrator will be
appointed to work with the teacher to assist in remediation.
2. The
period of remediation will extend for a period of not less than thirty (30)
days. In individual cases the period of
remediation may be set for a period of time in excess of thirty (30) days. However, even where the remediation period is
set for longer than thirty (30) days, if satisfactory improvement is not made,
the remediation period may be terminated at any time after expiration of thirty
(30) days. A meeting will be conducted
between the teacher and designated administrator at the beginning of the period
of remediation. The purpose of this
meeting will be to review the notice of deficiency and to discuss the
procedures to be utilized during the remediation period.
3. If
any of the previously noted deficiencies have not been resolved by the end of
the period of remediation, the Board or the Superintendent may authorize
issuance of a Statement of Charges and a Notice of Hearing. The Statement of Charges will list the
incidences of deficient performance that occurred during the period of
remediation. The Notice of Hearing will
advise the teacher of the proposed date of hearing. However, if the teacher does not request a
hearing, the Board may vote to terminate the teacher’s contract without a
hearing. If requested by the teacher, a
hearing before the Board will be held no sooner than twenty (20) days nor later
than thirty (30) days after receipt of the Statement of Charges.
Termination for the Remaining
Statutory Causes
1. In cases other than
incompetence, insubordination or inefficiency, there will be no notice of
deficiencies and no period of remediation.
These procedures are not followed due to the gravity of the charges.
2. The
dismissal process for cause under this subsection is initiated by a Statement
of Charges and a Notice of Hearing. The
Statement of Charges will provide the teacher with the alleged acts of
misconduct which, if proven, may result in termination. The Notice of Hearing will advise the teacher
of the proposed date of hearing.
However, if the teacher does not request a hearing, the Board may vote
to terminate the teacher’s contract without a hearing. If requested by the teacher, a hearing will
be held no sooner than twenty (20) days nor later than thirty (30) days after
receipt of the Statement of Charges.
SERVICES Regulation
4732
Termination of
Employment: Administrators
Contracts for administrators under this policy and regulation may be nonrenewed for any lawful reason. Administrators will be notified on or by April 15 of the Board’s intention to reemploy them in their present positions, another position or to nonrenew their employment. On or by May 15, the Board will provide each returning administrator with a written contract. Administrators will have ten (10) calendar days from receipt of the offered contract to accept or reject the contract. Failure to respond in a timely manner will be considered a rejection of the Board’s offer.
Administrators who have been reemployed by the Board as a District administrator five (5) times or more are entitled to certain due process procedures. Within ten (10) calendar days of receipt of notification of nonrenewal or reassignment, eligible administrators have ten (10) calendar days within which to request in writing a statement of reasons for the Board’s action. The Board will respond in writing within ten (10) days of receipt of the administrator’s request. The administrator will then have ten (10) calendar days to submit a written request for a Board hearing. The hearing will then be held within ten (10) calendar days of the receipt of the request for a hearing. The purpose of the hearing is to provide the administrator with the opportunity to convince the Board to reconsider their decision.
Administrators who have been reemployed as a District administrator less than five times are entitled only to notice of nonrenewal or reassignment by April 15.
Administrators are subject to reduction in their administrative positions at any time. The procedures for such reductions are the same as for probationary teachers. (Refer to Regulation 4740 – Reduction in Force: Certificated Staff.)
Oct 03
PERSONNEL SERVICES Regulation
4740
Separation
Reduction In Force: Certificated Staff
Procedures
1.
The Board and the Superintendent acting to maintain the
highest quality education program will determine which positions need to be
reduced or eliminated. In making this
decision, the focus will be on the position and not upon the person filling the
position.
2.
Once it has been determined which positions are to be
reduced or eliminated, the identity of the teacher to be placed on involuntary
leave of absence will be decided. In
identifying teachers, the following rules will be applied:
a.
Probationary
teachers will be the first teachers to be placed on leave within each area of
specialization to be reduced. The
selection of a specific probationary teacher will be made in the best interests
of the instructional program.
b. If no probationary teachers, or an insufficient number of probationary teachers, are employed in the area to be reduced, permanent teachers will be considered for placement on involuntary leave. Permanent teachers will be selected on the basis of performance-based evaluations and seniority. However, seniority will not be controlling unless the performance-based evaluations are equal. In comparing the performance-based evaluations of permanent teachers, each teacher’s three most recent summative evaluations will be considered.
c. In no case will a permanent teacher be
placed on a leave of absence while
probationary teachers are retained in positions for which the permanent
teacher is
qualified.
Reinstatement
1.
Permanent teachers will be recalled in the inverse order
of their placement on leave of absence – the last laid off, first recalled.
2.
The District will not employ new teachers while there
are District teachers on leave under this regulation who are properly qualified
to fill such positions.
3.
Probationary teachers will be recalled in the order best
determined by the Board based upon the instructional needs of the students.
4. Failure to report to duty on the
reinstatement date, without Board approval, will constitute a breach of
contract and will terminate the employment of the teacher.
5.
Leaves of absence under this regulation will continue
for a period of up to three (3) years unless extended by the Board. If a teacher has not been recalled during
this period, the teacher’s employment will automatically terminate.
Additional
Consideration
1.
The tenure status of teachers placed on leave under this
regulation will not be impaired because of such leave.
2.
Teachers placed on leave under this regulation may
engage in teaching or another occupation during such leave.
Due
Process
1.
Permanent teachers will be given a written statement of
the reasons for the selection for involuntary leave under this regulation.
2.
Upon request, the permanent teacher will also be
provided with the following:
a.
Description of the procedure used to implement the
reduction in force.
b.
The information relied upon by the Board and the
administration in making reduction in force decisions.
3.
Permanent teachers, upon written request, will also be
provided with an opportunity to appear before the Board and to convince the
Board that they were erroneously selected for involuntary leave under this
regulation.
PERSONNEL SERVICES Regulation
4741
Separation
Reduction in Force: Support Staff
1. Support staff placed on unrequested
leave of absence because of a reduction‑in‑force (RIF) shall
receive consideration for other District jobs
for which they qualify. The unrequested leave of absence shall extend
for a period of one (1) year.
2. Each
support person while on unrequested leave shall keep the Personnel Office
informed, in
writing, of his/her current address and telephone number.
3. During
the leave period the employee shall retain his/her seniority and accumulated
sick
leave
for consideration and use upon recall.
PERSONNEL SERVICES
Regulation
4820
Staff Welfare
Employees with Communicable Diseases
If an
employee has, or has been exposed to, an infectious or contagious disease or is
reasonably believed to have an infectious or contagious disease the following
guidelines apply:
1. The employee may be required to undergo
a medical examination at District's cost
by a physician of the District's
choosing.
2. While a
determination is made concerning the status of an employee, that employee may
be placed on a paid leave of absence. Except in unusual circumstances such
leaves will not exceed ten (10) days.
3. If the
employee is determined to be infectious or contagious, he/she will be required
to take such leave as provided by Board policy until it is medically determined
that the employee is no longer able to transmit the disease.
4. Where a
question exists concerning an employee's status, an individual assessment of
the employee will be completed by a review team comprised of the employee's
physician, a school nurse, a physician selected by the District, a county
health official, the Superintendent and the employee's supervisor. Other individuals
may be included, as is reasonably necessary and as designated by the
Superintendent.
5. The review team will consider all
available medical evidence and will determine the employee's medical condition, the employee's ability to return to work
and whether the employee's infectious
status requires any restrictions on the employee's work assignment. Normally the team will be convened
within seventy-two (72) hours of notice of the employee's
contagious status. The employee's status will be reviewed thereafter as appropriate.
6. The written determination of the review
team is subject to an appeal to the Board of Education
where determination shall be final.
PERSONNEL SERVICES
Regulation
4830
Staff Welfare
Board/Staff Communications
Staff Communications
to the Board
Communication to the Board from District employees concerning personnel matters or personal complaints shall be filed in writing with the Superintendent. However, this procedure will not be construed as denying the right of any employee to appeal to the Board (regarding alleged misapplication of policy or administrative decisions) provided that the Superintendent shall have been notified of the forthcoming appeal and that it is processed in accordance with Board policies and regulations on staff complaints and grievances. Moreover, this policy will not be construed to preclude resident staff members from exercising their rights to discuss matters of public concern in the same manner as other District residents.
All regular
meetings of the Board are open for the public to attend. As such, they provide
an excellent opportunity to observe the Board's deliberations on problems of
staff concern. Staff members may participate in Board meetings in accordance
with the policies and regulations regarding public participation at such
meetings. Further, at times and with the knowledge of the Superintendent, the
Board may invite staff members to speak at Board meetings or to serve on
advisory committees to the Board.
Board Communications to Staff
All official
communications, policies, and directives of staff interest and concern will be
communicated to staff members through the Superintendent, and the
Superintendent will employ such media as are appropriate to keep the staff
fully informed of the Board's concerns & actions PERSONNEL SERVICES Regulation 4831
Staff
Welfare
Collective
Bargaining
Definitions
Bargaining Unit - A unit of public employees employed
by the District that establishes a clear and identifiable “Community of
Interest” among District employees.
Board
- The
State Board of Mediation established by state law.
Department - The Department of Labor and
Industrial Relations established by state law.
Exclusive Bargaining Representative - An organization that has been
designated or selected by a majority of the District employees in a bargaining
unit as the representative of such employees for purposes of collective
bargaining.
Labor
Organizations - Any
organization , agency or public employee representation committee or plan, in
which District employees participate and that exists for the purpose, in whole
or in part, of dealing with the District concerning collective bargaining,
grievances, labor disputes, wages, rates of pay, hours of employment or
conditions of work.
Public Body - For purposes of state law, the
District is a public body.
Public
Employee - Any
person employed by the District.
Supervisory Employee – Shall mean any employee with supervisory
status, managerial status, confidential status, or any other status that would
be a conflict of interest in the event of collective bargaining.
Union
Selection
A
labor organization may only be authorized by an election conducted by the State
Board of Mediation. The District is prohibited by law from voluntarily
recognizing any labor organization as a representative of any group of District
employees.
An
election to determine the status of a union as the collective bargaining
representative of any group of District employees will be held when the State
Board of Mediation is presented with employees’ signed cards showing at least
30% of the proposed bargaining unit indicating they wish to select the labor
organization in question as their exclusive bargaining representative for
collective bargaining.
If
more than 50% of District employees within the proposed bargaining unit vote
for union representation then such labor organization will be designated as the
employee’s collective bargaining representative. The election to determine
majority status will be conducted on District premises on a mutually agreeable
date by a secret ballot or by mail-in ballot. The election will take place no
less than four (4) weeks or no more than eight (8) weeks after the date the
Board of Mediation determines the appropriate bargaining agent and resolves all
bargaining unit issues.
District
Employees have the right to freely express their opinions about whether the
organization should be chosen as the exclusive bargaining unit. However, no employee or representative of a
labor organization and no representative of the District may attempt to
threaten, intimidate, coerce or otherwise restrain eligible voters in the free
exercise of their choice to support or oppose to the selection of the labor
organization in question as their exclusive bargaining representative.
Elections
Elections
will be conducted by a secret ballot utilizing Board of Mediation procedures to
ensure the privacy and secrecy of each vote. The ballot will read,
“Do you
wish to select [labor organization] as the exclusive bargaining representative
for [bargaining unit] employed within the District”
The ballots will include check
boxes for marking “yes” or “no”. If more
than one labor organization seeks to represent the employees in the bargaining
unit and has signed cards in excess of 30%, each union will be listed on the
ballot along with the option of “no labor organization.”
Once the poll is closed, the Board
of Mediation will supervise counting of the ballots. Any labor organization receiving more than
50% of all employees in the bargaining unit will be designated and recognized
by the District as the exclusive bargaining representative for all District employees
in the bargaining unit.
Supervisory employees will not be
included in the bargaining unit that they supervise. Supervisory and non-supervisory employees
will not be included in the same bargaining unit. No more than one election in
a bargaining unit will take place during a twelve month period.
District employees within the
bargaining until shall have the right to seek decertification of the labor or
organization as their exclusive bargaining representative at any time by obtaining
signed cards by 30% of the employees within the unit stating that they no
longer wish to be represented by the labor organization. An election will then be conducted in the
same manner as set for certification in the Election
Section of this Regulation.
Existing
Bargaining Units
All labor organizations that have
previously been certified shall be recertified during the twelve (12) month
period beginning on August 28, 2018.
However, any labor organization that has a labor agreement that expires after
August 28, 2020 may be recertified at any time prior to, but no later than
August 28, 2020. All subsequent
recertification elections shall be held every three (3) years. To be recertified, the labor organization
must obtain the secret ballot votes of more than 50% of the employees in the
unit in a Board supervised election.
Failure to recertify in this manner will result in the immediate
decertification of the labor organization.
In the event of such decertification, all terms and conditions of employment
will remain in place until modified or eliminated by the District’s Board of
Education.
Bargaining
Within
eight (8) weeks of a labor organization’s certification as the exclusive
bargaining representatives of the District employee group, representatives for
the District and representatives of the labor organization will meet and begin
negotiation for an agreement concerning the wages, benefits and other terms and
conditions of employment within the bargaining unit. During the negotiations, neither side will be
required to offer any particular concession or to withdraw any proposal.
Prior
to any tentative agreement being presented to the Board of Education or the
exclusive bargaining representative, the tentative agreement will be discussed
in detail during a public meeting. Any tentative agreement will be posted on
the District’s website for at least five (5) days prior to the public
meeting. Nothing in the regulation or in
state law requires the District to vote on the collective bargaining unit at
such meeting.
The
bargaining agent must present evidence to the Board of Education that the
proposed agreement has been approved by a majority of members of the bargaining
unit. The Board of Education may approve the entire proposed agreement or any part
of the agreement. If the Board of
Education rejects any part of the proposed agreement, the Board may return the
rejected portion for further consideration by the bargaining parties; adopt a
replacement provision of its own or state that no provision on the requested
topic will be adopted.
After
the first agreement between the District and the represented unit of employees
is adopted, bargaining for renewal agreements will take place triennially. Such
bargaining will be completed within thirty (30) days of the end of the
District’s fiscal year. The parties may bargain non-economic issues for a
longer period, but all economic issues will be adopted on a triennially basis
only.
The
bargaining parties are not required to utilize binding mediation, binding
interest arbitration or interest arbitration in the event that the parties are
unable to reach an agreement. District
employees are prohibited from strikes or related work stoppage.
Nothing
contained in this Regulation will obligate the District to enter into a
collective bargaining agreement.
Restrictions
on Labor Agreements
Every labor agreement, if any, must
have provisions reserving the right of the Board of Education to hire, promote,
assign, direct, transfer, schedule, discipline and discharge District
employees. The Board further reserves
the right to make, award and rescind reasonable work rules and standard
operating procedures.
AND
Every labor agreement will
expressly prohibit all strikes and picketing of any kind. A strike will include any refusal to perform
services, walk-out, sick-out, sit-in, or any other form of interference with
District operations. The labor agreement
will also provide that any District employee who engages in any strike or concentrated
refusal to work or who pickets over any personnel matter will be subject to
immediate termination.
AND
Every labor agreement will include
a provision that extends the duty of fair representation by the labor
organization to District employees in the bargaining unit.
AND
Every labor agreement will
expressly prohibit labor organization representatives and District employees
from accepting paid time off for purposes concerning labor organization
activities related to collective bargaining, including but not limited to, negotiations,
bargaining meetings, meet and confer sessions, and any other collective
bargaining related activity other than earned District leave. However, the
labor agreement may allow paid time off for grievance-handling, advisory
committees, establishing a work calendar and external communication.
AND
Every labor agreement will inform
District employees of their right to refrain from engaging in and supporting
labor organization activity as well as their right to oppose labor organization
activity.
AND
Every labor agreement will include a provision that in the event of a budget
shortfall, the District has the right to modify the economic terms of the
agreement. Every such agreement shall also provide that if the District deems
it necessary it may modify in good faith, the economic terms of the agreement.
In such event, the District will notify the labor organization of the need to
modify and will provide thirty (30) days within which to bargain over the
contemplated agreement. As provided in
the labor agreement, that if at the end of the thirty (30) day period, the
parties have been unable to resolve the issue, the Board of Education shall act
in good faith to resolve the modifications on its own.
Payment
of Union Dues
Before
union or bargaining organization dues may be withheld from a District
employee’s paycheck, the employee must have provided the District with written
employee authorization to have such dues deducted. No portion of such dues shall be made in
violation of the State Financial Disclosure Law except with the informed
consent of such bargaining unit made in writing or electronic certification by
the employee which is received within the past twelve (12) months. No requirement will be made to force an employee
to sign as a condition of employment or continued employment. Employees who elect not to have a portion of
dues used as provided in the Financial Disclosure Law will not have any union
fee increased.
Signing
or refraining from signing any dues related to organizations is not a condition
of employment or continued employment.
PERSONNEL SERVICES
Regulation
4840
Staff Welfare
Conflict of Interest
The
prohibition against conflicts and apparent conflicts of interest includes but
is not limited to:
1.
Employees
shall not engage in or have a substantial interest in furnishing of real or
personal property, commodity, equipment, supplies or services to the District
either directly or through an outside representative, except as provided in
this paragraph. A substantial interest
includes ownership by the employee, the employee’s spouse or a member of the
employee’s household of 10% or more of a business entity or annual receipt by
the employee, employee’s spouse, or member of the employee’s household of
$1,000 or more in salary or other remuneration from a business entity. A business entity in which a District
employee has a substantial interest may do business with the District provided
competitive bids are obtained and the lowest bid is accepted.
2.
Employees
shall not make use of mailing lists or other information gained solely as a
result of the employee’s position with the District to either sell directly or
indirectly services or merchandise to students or their parents who reside
within the District. As provided by
Board policy, this prohibition does not apply to student tutoring.
3.
Employees
shall not solicit or receive any payment or thing of value which might
influence performance of the employee’s duties.
4.
Employees
shall not disclose to any person, not otherwise entitled, information gained by
virtue of the employee’s duties or otherwise use such information for personal
gain.
5.
Employees
shall not engage in outside employment which interferes with performance of the
employee’s duties. This prohibition
includes outside employment which is performed during school hours or involves
the use of school resources.
If
an employee is in doubt concerning whether certain acts violate this
regulation, the employee must seek an opinion from the Superintendent.
PERSONNEL SERVICES Regulation
4850
Staff Welfare
Staff Dispute Resolution (Grievance Procedure)
Definitions
Grievance – A claim by
a nonsupervisory employee or employees that a written Board policy or
administrative
regulation has been violated or misapplied. This policy is not applicable to
the content
of
performance evaluations nor to decisions for which state statute may provide a
means of resolving
disputes, including but not limited to nonrenewal,
termination and reduction in force.
Day – When the
dispute resolution policy requires certain action to be taken within a specific
number of
days, days means working days and
specifically excludes weekends and school holidays. In counting days, the day
on which the event initiating the time limit is not counted.
Informal Resolution
Employees who
believe that a written Board policy or administrative regulation has been
violated must meet with their immediate supervisor within ten (10) days of the
alleged violation. The purpose of this informal conference is to attempt to
provide clarification of the issue and, where possible, resolve the dispute.
If the
dispute is not resolved within four (4) working days of the informal
conference, the employee may initiate the formal procedure by completing an
appropriate District dispute form and submitting this form to the employee's
immediate supervisor. A completed grievance form must be submitted to the
employee's immediate supervisor within ten (10) days of the informal
conference.
Step One:
Immediate Supervisor
Within four
(4) days of receipt of the completed dispute form, the immediate supervisor
will schedule a meeting with the employee and the employee's employee
representative, if desired. Within ten (10) days of this conference, the
immediate supervisor will provide the employee with a written response to the
dispute.
Step Two:
Superintendent's Designee
If the
employee is not satisfied with the resolution at Step One, the employee may
refer the dispute in writing to the Superintendent. To proceed to Step Two, the
written dispute referral must be submitted to the Superintendent within four
(4) days of receipt of the Step One decision. Upon receipt of the referral, the
Superintendent shall designate a District employee to hear the Step Two
dispute. Within four (4) days of receipt of the Step Two referral, the Superintendent's
designee shall schedule a conference with the employee and his/her employee
representative if desired. Within ten (10) days of the conference the
Superintendent's designee will provide the employee with a written response to
the dispute.
Step Three:
Review by the Superintendent
If the employee is not satisfied with the resolution
of Step Two, the employee may refer the dispute in writing for the
Superintendent's direct review. To proceed to Step Three, the written dispute
referral must be submitted to the Superintendent within four (4) days of
receipt of the Step Two decision. Within four (4) days of receipt of the
written referral, the Superintendent shall schedule a conference with the
employee and his/her employee representative, if desired. Within ten (10) days
of this conference, the Superintendent will provide the employee with a written
response to the dispute.
Step Four: Board
of Education Review
If the
employee is not satisfied with the resolution at Step Three, the employee may
refer the dispute in writing for the Board's consideration. To proceed to Step
Four, the written dispute referral
must be
submitted to the Superintendent within four (4) days of receipt of the Step
Three decision. At the next regular Board meeting following submission of the
Step Four referral, the Board will consider the dispute and determine whether
to conduct a formal review of the dispute. If the Board determines that its
formal review is not necessary, the decision at Step Three becomes final.
If the Board
determines that its formal review is warranted by the dispute, the Board will
set a date for formal review. At formal review both parties are entitled to be
represented by legal counsel. Procedures for formal presentations of the
dispute are determined by the Board in its discretion. Within ten ( 10) days of
the formal review, the Board will provide the employee with its written
decision. The decision of the Board is final and binding on all parties.
Miscellaneous Provisions
1. Failure of an employee to comply with
the timelines provided in the procedures above
will result in final
rejection of the dispute.
2. Failure of the administrator to comply
with the timelines provided in the procedures above
will result in the dispute being
advanced to the next step.
3. Neither party to a dispute will be
permitted to add witnesses or documentation that were not provided at preceding steps.
4. No employee will be retaliated against
for the good faith submission and processing of a dispute under these regulations
PERSONNEL SERVICES Regulation
4871
(Form
4871)
Staff Welfare
Driver Drug Testing
Definitions
For purposes of this Regulation, the following terms are
defined:
1.
Alcohol — the intoxicating agent in
beverage alcohol, ethyl alcohol or other low molecular
weight alcohols including methyl and
isopropyl alcohol.
2. Driver — any person who operates a
commercial motor vehicle (CMV) or is required by the District to hold a
commercial drivers license (CDL). Driver includes, but is not limited to,
full-time, regularly employed drivers, casual, intermittent or occasional
drivers, leased drivers and independent, owner-operated contractors. For purposes of pre-employment/pre-duty
testing, driver includes a person
applying to the District for a position that involves the driving of a
commercial motor vehicle.
3. Employee — an individual subject to drug
urine and breath alcohol testing. For
purposes of pre-employment testing, employee
includes an applicant for employment.
4. Medical Review Officer (MRO) — a
licensed physician responsible for receiving laboratory results generated by
the District's drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his/her medical
history and any other relevant medical information.
5. Safety-Sensitive Function — a driver is
considered to be performing a safety-sensitive function during any period in
which he/she is actually performing, is ready to perform or is immediately
available to perform any safety-sensitive function. Safety-sensitive
functions include the following on-duty functions: all time at a facility waiting to be
dispatched; all time inspecting or servicing a commercial motor vehicle; all
time spent at the driving controls of a commercial motor vehicle; all time,
other than driving time, spent on or in a commercial motor vehicle (except
sleeping time); all time loading or unloading a commercial motor vehicle,
assisting in loading or unloading, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle, or in giving or
receiving receipts for shipments loaded or unloaded; all time spent performing
the driver requirements associated with an accident; and all time repairing,
obtaining assistance, or remaining in attendance upon a disabled vehicle.
6. Substance Abuse Professional – a person
who evaluates employees who have violated a Department of Transportation (DOT)
drug and alcohol regulation and makes recommendations concerning education,
treatment, follow-up testing and aftercare.
Covered
Employees
Those
District employees who are subject to the prohibitions and mandatory testing requirements
of this regulation include all transportation workers, including, but not
limited to, bus drivers and maintenance workers, who:
1. Hold commercial drivers licenses; and
2. Who
perform safety-sensitive functions at any time during the course of their
employment.
Program
Coordinator
The Board
designates the District's Manager of Transportation to be the Program
Coordinator to ensure that the District's employee alcohol and drug program is
implemented in accordance with federal regulations and District policy and
regulations. The Coordinator will also
be responsible for collecting and maintaining all records required by federal
law. The Coordinator's name, address and
telephone number will be provided to all covered employees.
Testing Program
and Policy Information
Before
beginning the testing program authorized by Policy 4871, the District will
distribute to all covered employees educational materials that explain the
requirements of the federal alcohol and drug testing regulations, and the
District's policies and procedures with respect to meeting those
requirements. The materials will include
all information required by federal law.
Each covered employee must sign a receipt indicating that he/she has
received these materials prior to the beginning of alcohol and drug testing.
Alcohol Misuse Prevention and Testing Program
Prohibitions
1. No
driver shall use or possess, and the District shall prohibit a driver from
using or possessing, alcohol while on duty or while performing a safety-sensitive
function.
2. No
driver shall use, and the District shall not permit a driver to use, alcohol
for a minimum of four (4) hours before performing a safety-related function.
3. No
driver shall perform, and the District shall not permit a driver to perform,
safety-sensitive functions, where the driver is found, through testing
conducted in conformity with federal rules, to have an alcohol concentration of
0.04 or greater until the driver has been evaluated by a substance abuse
professional, completed any rehabilitation required by the substance abuse
professional, and undergoes a return-to-duty test in which the driver tests at
less than 0.02 for the presence of alcohol.
4. A driver
who tests, through testing conducted in conformity with federal rules, at
levels of 0.02 to 0.039 for the presence of alcohol shall be prohibited from
performing, and shall be removed by the District from performing,
safety-sensitive functions until the start of the
driver's next regularly scheduled
duty, but not less than 24 hours after the test was administered, and until
he/she tests below 0.02.
5. A driver
who exhibits behavior and/or the appearance characteristic of alcohol misuse
will be prohibited from performing, and will be removed from performing,
safety-sensitive functions until the driver tests at less than 0.02 for the
presence of alcohol.
6. No
driver required by federal law, or independent District policy, to take a
post-accident alcohol test shall use alcohol for eight hours following the
accident or until the driver undergoes a post-accident alcohol test, whichever
comes first.
Administration
of Alcohol Tests
Alcohol
testing will be conducted through the use of a federally approved evidential
breath testing devise (EBTD), and by a trained breath alcohol technician (BAT),
in accordance with federal regulations.
The District will contract with an outside agency or organization to
provide alcohol testing in accordance with federal regulations. The contract will provide that the alcohol
testing site (1) must afford aural and visual privacy to the person being
tested, and (2) must be secured while the testing is taking place.
Drug Misuse Prevention and Testing Program
Prohibitions
1. The
District prohibits the unauthorized use of controlled substances. Illicit use of drugs by safety-sensitive
employees is prohibited on or off duty.
2. No
driver shall report for duty or remain on duty, and the District shall prohibit
a driver from reporting for duty or remaining on duty, when the driver uses any
drug, unless the drug is taken pursuant to the instructions of a physician who
has advised the driver that the substance will not adversely affect his/her
ability to safely operate a commercial motor vehicle.
3. The District may require a driver to
notify it or the medical review officer of any therapeutic drug use if the
driver tests positive, through testing conducted in conformity with federal
law, for any controlled substance.
4. Following
a determination through testing conducted in conformity with federal law, that
a driver has engaged in prohibited use of drugs, the District will remove the
driver from performing safety-sensitive functions and will refer the driver to
a substance abuse professional. The District will not permit the driver to
return to the performance of safety-sensitive functions until the driver
submits a verified negative test result and completes any rehabilitation
required by a substance abuse professional.
Administration of Drug Tests
1. Collection
Site - The District will contract with an outside agency or organization to
serve as a collection site for the collection of urine samples for laboratory
drug testing. The District will ensure
that collection site personnel follow federally prescribed rules for the
collection of urine samples. The
District will ensure that the collection site generally ensures aural and
visual privacy for the person giving the sample. The collection site person will be required
to split the sample into two bottles (the primary specimen and the split
specimen). Following completion of a
chain of custody form, the collection site person will seal and ship both bottles to a laboratory certified by the
Department of Health and Human Services for analysis.
2.
Laboratory Analysis - The District will separately
contract with a certified laboratory to
perform the required drug
analysis. If the primary specimen tests
negative for drugs, the laboratory
will dispose of the split specimen. If
the laboratory confirms that the primary specimen
tests positive, the laboratory will retain the split specimen to ensure that it
remains available for testing.
3.
Medical Review Officer - The District will contract with
a Medical Review Officer (MRO) who possesses the qualifications required by
federal regulations. The MRO will
receive and review all laboratory results generated by the District's drug
testing program and will report the results to the District's designee as
required by federal regulations. In the
event the MRO receives a confirmed positive test result from the laboratory,
the MRO will make every reasonable effort to confidentially contact the driver
and give him/her the opportunity to provide a legitimate, alternative medical
explanation for the positive result. If
the MRO is unable to reach the driver directly, the MRO shall, in accordance
with federal regulations, contact the District's designee who shall direct the
driver to contact the MRO immediately.
The District’s designee shall inform the employee of the consequences of
failing to contact the MRO within the next seventy-two (72) hours. The designated management official shall
employ procedures that ensure, to the maximum extent practicable, that the
requirement that the employee contact the MRO is held in confidence. If the MRO
determines that there is a legitimate alternative medical explanation for the
positive result, the MRO will report the drug test as being negative. If the employee expressly declines the
opportunity to discuss the test, the MRO may verify the test as positive. If the employee is contacted by the
designated employer representative but does not contact the MRO within
seventy-two (72) hours, the MRO
may verify the test as positive. If
neither the MRO nor the designated employer representative has been able to
contact the employee within ten (10) days after making all reasonable efforts,
the MRO may verify the test as positive. If the MRO verifies the presence of
illegal, controlled substances, the MRO shall inform the covered employee that
he or she has seventy-two (72) hours to request that the split specimen
retained by the laboratory be sent to another certified laboratory for
analysis. If the split specimen fails to
confirm the presence of illegal, controlled substances, the employee’s test
will be reported as negative.
Required Tests
Pursuant to
federal law, the District will require that all covered employees submit to the
following tests:
Pre-Employment
Testing
1. Before any driver can perform a
safety-sensitive function, the driver must take a controlled substances test with a verified negative
result.
2. This testing is required of applicants
and of employees transferring to a covered position. Testing for newly hired drivers shall be
conducted prior to the employment offer, but in any event before commencing
safety-sensitive functions. If an
applicant refuses to submit to pre-employment drug testing, the District will
remove the applicant from employment consideration
3. After
obtaining an applicant or employee’s written consent, the District shall
request information regarding the drug and alcohol testing record of employees
it is intending to use to perform safety sensitive duties, pursuant to federal
regulations.
Post-Accident
Testing
1.
Pursuant to federal law, all drivers will be required to
submit to drug and alcohol testing as
soon as
practicable after any accident (a) involving the loss of life or (b) after any
accident in which the driver receives a citation for a moving violation, if the
accident involved either (1) bodily injury to any person who, as a result of
the accident, immediately receives medical treatment away from the scene of the
accident, or (2) disabling damage to one or more motor vehicles which requires
the motor vehicle to be transported away from the scene by a tow
truck
or other motor vehicle. Pursuant to its
independent authority, the District requires all drivers to submit to drug and
alcohol testing after any accident in which the driver was performing
safety-sensitive functions.
2.
All post-accident testing shall be conducted within the
federally prescribed time periods. If a
test is not conducted within the required time periods, then the District will
not require the
driver
to submit to a test and the Program Coordinator, in accordance with federal
regulations,
will prepare and maintain on file a report and submit it to the Department of
Transportation (DOT) documenting the
reason(s) why the test was not promptly given.
3. Prior to performing safety-sensitive
functions, all drivers will be instructed on the necessity for post-accident testing and the procedures to
be followed for post-accident testing so that the
drivers can comply with federal regulations.
Random
Testing
1.
The
District will conduct random, unannounced testing for drugs and alcohol for
covered employees. The District's
designee will establish a scientifically valid random selection method and will
select covered employees using this method at unpredictable dates and
frequencies throughout the testing year.
Under the selection method, each covered
employee will have an equal chance
of being selected for each testing date.
2. Each
year, the number of random alcohol tests conducted by the District will equal
at least 25% of the average number of covered employees. Each year, the number of random drug tests
conducted by the District will equal at least 50% of the average number of
covered employees.
3. Random
alcohol testing will be conducted just before, during, or just after a covered
employee's performance of safety-sensitive duties. Random testing for drugs does not have to be
conducted in immediate time proximity to the performance of safety-sensitive
functions.
4. Once
notified of selection for testing, the covered employee must proceed
immediately (or as soon as possible) to the collection site for testing.
Reasonable
Suspicion Testing
1. The
District will require covered employees to be tested for drugs and/or alcohol
when the driver's supervisor and/or other properly trained District officials
determine that there is reasonable suspicion to believe that the driver has
violated the provisions of this Regulation.
2.
All determinations that reasonable suspicion exists will
be only by trained individuals and will be made solely on the basis of
specific, contemporaneous, articulable observations
concerning the appearance, behavior,
speech or body odors of the covered employee.
Possession of alcohol,
standing alone, will not lead to reasonable suspicion testing.
3. Covered
employees will be required to submit to reasonable suspicion testing only if
the required observations are made by a trained supervisor or District official
during, just preceding, or just after the period of the workday that the
covered employee is performing a safety-sensitive function.
4. The
District designates the Program Coordinator as the District official who will
receive the requisite training to determine whether reasonable suspicion exists
to require a drug test and/or an alcohol concentration test.
5. The
District designee will be responsible for making and signing a written record
of the observations leading to reasonable suspicion testing for drugs and/or
alcohol. With respect to drug testing,
the District designee will ensure that this written record is completed within
twenty four (24) hours of the observed behavior or before the results of the
drug test are released, whichever is earlier.
Return-to-Duty Testing
1. When a
driver is determined, by testing in conformity with federal regulations, to
have an alcohol concentration of 0.04 or greater and/or a verified positive
test result for drugs, the District will refer that driver to a substance abuse
professional. The substance abuse
professional will determine what assistance, if any, the driver needs in
resolving problems related to drug or alcohol abuse.
2.
Before a driver can return to the performance of
safety-sensitive functions, the driver must be evaluated by a substance abuse
professional to ensure that he/she has completed any necessary
rehabilitation. The driver must also
submit the results of (1) an alcohol
concentration
test showing an alcohol concentration of less than 0.02 and (2) a verified
negative drug test.
Follow-Up Testing
1. When a
covered employee who has violated prohibited alcohol and/or drug standards
returns to the performance of
safety-sensitive functions, he/she will be required to submit to follow- up testing.
2. Follow-up tests are unannounced and at
least six (6) tests must be conducted in the first 12 months after the employee
returns to duty. Follow-up testing may
be extended for a period not to exceed 60 months following return to duty.
Refusal to
Submit to Testin
1.
Federal regulations require covered employees to submit
to required testing. When a covered
employee refuses to submit to testing, or engages in conduct that obstructs the
testing process, the test will be considered to be positive and the driver
will, in accordance with
federal
regulations, be prohibited from performing safety-sensitive functions until all
preconditions are satisfied.
2.
Refusal
to submit or to provide a specimen has the same sanctions under the federal regulations
as a positive test. Any employee who
fails to provide adequate breath or urine for testing must obtain, as soon as
possible after the attempted test, an evaluation from a licensed physician who
is acceptable to the employer concerning the employee’s inability to provide a
sufficient specimen. If the physician
determines, in his/her reasonable medical judgment, that a medical condition
has, or with a high degree of probability could have, precluded the employee
from providing a sufficient quantity, the employer’s failure shall not be
deemed a refusal to take a test. The
physician shall provide the District a written statement of the basis for
his/her conclusion. If the licensed
physician, in his/her reasonable medical judgment, is unable to make such a determination, the employee’s failure to
provide an adequate specimen shall be regarded as a refusal to take a test and
a violation of this Policy.
Test Results, Confidentiality and Record Retention
Employee
Records
1.
All employee
testing records are confidential and the District will ensure that all testing
records
are maintained in a secure location with controlled access. Test results and other confidential
information may be released by the laboratory, the breath alcohol technician or
the MRO only to designated District officials and/or the substance abuse
professional. Any other release of
confidential information is only pursuant to federal regulations or with the
employee's written consent.
2. Covered
employees are entitled, upon written request, to obtain copies of any records
pertaining to the employee's use of alcohol or controlled substances, including
records of tests and test results.
District Record Keeping and Retention
The District
will comply with all federal record keeping and retention requirements. In addition, the Program Coordinator will
maintain and compile all required statistics and reports and submit those
reports to
the necessary federal agencies. The District
will notify the Director of the Department of Revenue within ten (10) days of
notice that a District driver has failed a drug, alcohol or chemical test
administered pursuant to this regulation.
Evaluation,
Referral and Rehabilitation
Employees who
violate the alcohol and drug misuse rules will be referred to a substance abuse
professional for evaluation and will be advised of the available resources for
evaluation and treatment. Any treatment
or rehabilitation will be provided in accordance with the health insurance,
medical or other benefit plan, or under applicable labor or collective
bargaining agreements. The District is
not required to provide rehabilitation or pay for treatment. In addition, the District is not required to
hold the employee's position or to reinstate the employee to a safety-sensitive
position.
Consequences
for Violations
Pursuant to
federal regulations, the District will remove from the performance of
safety-sensitive functions any covered employee determined to have violated the
provisions of this Policy and will refer to a substance abuse professional
those drivers who, based on testing conducted in conformity with federal
regulations, have an alcohol concentration of 0.04 or greater and/or are
determined to have a verified positive test result for drugs.
Based on its
independent authority, the District reserves the right to impose additional
consequences for violation of the provisions of this Regulation, including, but
not limited to, placing the covered employee on indefinite unpaid leave or
termination.