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SCHOOL DISTRICT
POLICIES
SECTION G: PERSONNEL For Office Use Only: G_INDEX.CHL (12/03) The superintendent will establish channels for the intercommunication of ideas among the professional and support staff, the administration and the Board regarding the operation of the schools. In addition, the superintendent shall also weigh with due consideration the counsel given by employees, and especially that given by groups designated to represent large segments of the professional and support staff. The superintendent shall inform the Board of such counsel when presenting reports of administrative action and recommendations for Board action. The superintendent's recommendations may vary from the advice of such counsel when, in his or her judgment, other considerations prevail. Each building administrator will maintain channels for conferring with both the professional and
support staff in establishing building rules and regulations. In addition, professional staff
employees will be given opportunity and encouragement to contribute in the development of the
curriculum and other policies, rules and regulations pertaining to the instructional program. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE:
GBBDA FAMILY AND MEDICAL LEAVE The district will administer leave that qualifies for Family and Medical Leave Act (FMLA) protection in accordance with federal law. This policy is intended for guidance and shall not be interpreted to expand the district's responsibilities beyond the requirements of the law. For employees who are not eligible for FMLA leave, including employees who have exhausted available FMLA-protected leave, requests for leave shall proceed according to the district's established policies. Definitions The following definitions apply to FMLA leave: Covered Active Duty B In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. In the case of member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in accordance with law. Armed Forces B Army, Navy, Air Force, Marine Corps, Coast Guard Child B A biological, adopted or foster child; a stepchild; a legal ward; or a child of a person acting as a parent if the child is under 18 or 18 or over but incapable of self-care due to mental or physical disability at the time that FMLA leave is to commence. For the qualifying exigency leave and military caregiver leave only, the age of the child does not matter. Covered Servicemember (for qualifying exigency leave) B The employee's spouse, child or parent under a federal call or order to covered active duty. Covered Servicemember (for military caregiver leave) B The employee's spouse, child, parent or next of kin who is 1) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who is undergoing medical treatment, recuperation or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. Instructional Employees B Employees whose principal function is to teach and instruct students in a class, a small group or an individual setting. This term includes athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired. It does not include teachers' assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists. It also does not include cafeteria workers, maintenance workers or bus drivers. Next of Kin B For the purposes of military caregiver leave, the nearest blood relative other than a spouse, parent, son or daughter, in order of priority as established by 29 C.F.R.'825.127. Outpatient Status B Covered servicemember assigned to a military medical treatment facility or a unit established for the purpose of providing command and control of members of the armed forces as outpatients. Parent B The biological, adoptive, stepparent or foster parent of a "child" as defined in this policy. Qualifying Exigency B Issues that arise due to covered active duty or a call to covered active duty of an employee's spouse, child or parent, including issues involved with short-notice deployment, military events and related activities, childcare and school activities, the need for financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as defined by 29 C.F.R. '825.126 Serious Health Condition B Illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical facility or continuing treatment by a health care provider. Serious Illness or Injury (for military caregiver leave) B 1) An injury or illness incurred in the line of duty on active duty in the armed forces, including the National Guard or Reserves, or that existed before the beginning the member's active duty and was aggravated by service in the line of duty, that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating; and 2) in the case of a veteran who was a member of the Armed Forces (including the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces, or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty, and that manifested itself before or after the member became a veteran. Spouse B Husband or wife as defined or recognized under the state law in the state in which the employee resides. Uniformed Services B The armed forces, the Commissioned Corps of the National Oceanic and Atmospheric Administration and the Commissioned Corps of the Public Health Service Veteran B A person who served in the active military, naval or air service and who was discharged or released therefrom under conditions other than dishonorable. Eligibility To be eligible for FMLA leave benefits, the employee must:
An absence may qualify for FMLA protection if it is for one (1) of the following reasons:
Notice to Employees General Notice The district will post notice to employees explaining FMLA benefits in accordance with law. If the district employs 50 or more employees, it will include FMLA notice in an employee handbook or other written guidance to employees concerning employee benefits or leave rights, or by distributing a copy of the general notice to each new employee upon hiring. Notice may be provided electronically in accordance with law. Eligibility and Rights and Responsibilities Notices Absent extenuating circumstances, the district will provide the employee notice of the employee's eligibility to take FMLA leave and the rights and responsibilities of the employee within five (5) days of the request for leave or acquiring knowledge that an employee's leave may be for an FMLA-qualifying reason. Such notice will be provided at the commencement of the first instance of leave for each FMLA-qualifying reason in the applicable 12-month period, and no subsequent notice is required in the 12-month period, and no subsequent notice is required in the 12-month period unless leave is taken for a different qualifying reason or the employee's eligibility status has changed. Designation Notice When the district has enough information to determine whether the leave is being taken for an FMLA-qualifying reason, the district will notify the employee in writing whether the leave will be counted as FMLA leave within five (5) business days, absent extenuating circumstances. The district will notify the employee whether a fitness-for-duty certification is required before returning to work and, if required, include a list of the essential functions of the employee's position. The district will notify the employee of the number of hours, days or weeks that will be counted against the employee's FMLA leave entitlement, if known. The district may designate leave as FMLA leave retroactively if the retroactive designation will not cause harm or injury to the employee. Employee Notice to the District Employees must notify the district of the need for leave and explain the reasons for the leave so the district can determine whether the leave qualifies for FMLA. The leaves may be delayed or denied if the employee fails to give such notice. In all cases of foreseeable leave, the employee must provide notice to the superintendent or designee of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave, in the same manner that is required under the district's leave policies. If an employee fails to provide the required notice, the district may delay or deny the FMLA-protected leave. When the approximate timing of the need for leave is not foreseeable, an employee must provide notice to the district as soon as practicable under the facts and circumstances of the particular case, in the same manner that notice is required under the district's leave policies. The employee or the employee's spokesperson, if necessary shall provide sufficient information for the district to reasonably determine whether the FMLA may apply to the leave request. If the leave is for a qualifying exigency, an employee must provide notice as soon as practicable, regardless of how far in advance the leave is foreseeable. For all other qualifying reasons, an employee must provide 30 days' notice of the need to take FMLA leave when the need for leave is foreseeable. When 30 days' notice is unforeseeable or impractical, the employee must provide notice as soon as practicable. If fewer than 30 days' notice is given, the employee shall explain upon request why such notice was not practicable. "As soon as practicable" means as soon as both possible and practical under all the facts and circumstances of the individual case. Leave Use For all FMLA purposes except military caregiver leave, the district adopts a 12-month leave year beginning on July 1 and ending the following June 30.
2. The FLMA leave year for military caregiver leave begins on the first day that such leave is taken and runs for the following 12 months. All eligible employees are entitled to military caregiver leave for a period not to exceed 26 workweeks of leave per single 12-month period for the care of a spouse, child, parent or next of kin who is a covered servicememeber. Twenty-six weeks of leave are available per covered servicememeber, per injury/illness; however, no more than 26 weeks of leave may be used during each single 12-month period. 3. During the 12-month duration of military caregiver leave, an employee is limited to a total of 26 weeks of leave for all combined FMLA reasons; with a 26-week limit on military caregiver leave and a 12-week limit for birth, adoption and serious health condition of the employee or the employee's spouse, child or parent. For example, an employee could take 16 weeks of military caregiver leave and still have ten (10) weeks available for the birth of a child. However, an employee who used ten (10) weeks of military caregiver leave could not take 14 weeks for the birth of a child because that exceeds the 12 weeks allowed for such leave. Leave that qualifies as both military caregiver leave and leave for the serious health condition of a parent, spouse or child will be designated first as military caregiver leave. 4. When a husband and wife entitled to FMLA leave are both employed by the district and both wish to use FMLA leave for the same qualifying event, both employees will be limited to an aggregate total of 12 workweeks during a 12-month period in cases where the leave is taken for the birth or first-year care of the employees' child, adoption or foster placement of a child with the employees, or to care for a parent with a serious health condition. However, where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for the same qualifying event, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for another qualifying purpose. When a husband and wife are both employed by the district and both wish to use military caregiver leave or a combination of military caregiver leave and leave for the birth or first-year care of their child, adoption or foster placement of a child with the employees, or to care for a parent with a serious health condition, both employees will be limited to an aggregate total of 26 workweeks of leave. 5. The district shall apply all appropriate paid leave to an FMLA absence to the extent allowed by law and policy, giving proper notice to the employee. If an employee's accrued paid leave is exhausted, but an FMLA-qualifying reason for absence persists or a new FMLA-qualifying reason for absence occurs, the resulting absences will continue to be protected FMLA leave until allowable FMLA leave has been used, but such absences will be unpaid. 6. When an employee has an absence that meets the criteria to be an FMLA-qualified absence, the district will designate such absence as part of the employee's total annual FMLA entitlement, even if the employee has not requested FMLA leave and/or is absent under paid or unpaid leave in accordance with law or district policy. If an employee is on a Workers' Compensation absence due to an injury or illness that would also qualify as a serious health condition under the FMLA, the same absence will also be designated as an FMLA-qualifying absence and charged against the employee's FMLA-protected time entitlement. 7. FMLA leave may be taken intermittently as required for the health of the employee or family member or as reduced-schedule leave in increments used by the employer to account for use of other leaves, provided that is not greater than one (1) hour and provided that the FMLA entitlement is not reduced by more than the amount of leave actually taken. Instructional employees may take intermittent or reduced schedule leave to be with a healthy newborn only when the district and the employee have reached agreement for how the leave will be used. 8. The district reserves the right to require adequate certification and recertification of any FMLA-qualifying event or condition of the employee or employee's spouse, child, parent or next of kin and authentication or clarification of such certification as the district deems necessary. Failure to provide such certification when requested will result in denial of the leave, and may result in discipline or termination of employment. Employees on FMLA-designated leave must periodically report on their status and intent to return to work. The district may also require that an employee present a certification of fitness to return to work. Instructional Employees If intermittent leave or reduced-schedule leave equals more than 20 percent of instructional time, the district may require instructional employees who take such leave due to medical reasons to take block leave or to find an alternative placement for a period of planned medical treatment. When an instructional employee on FMLA leave is scheduled to return close to the end of a school term, the district may elect to use a special rule to prolong the employee's leave until the beginning of the next school term, thus extending the leave beyond the period where an FMLA-qualifying reason exists. In such an instance, the prolonged leave time is unpaid and is not charged against the employee's annual FMLA entitlement. In cases where the special rules for instructional employees apply, the superintendent may apply those special rules or the general FMLA rules as best serves the interest of the district. Leave Protection The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of the employee's leave. Eligible employees who are absent for an FMLA-qualifying reason generally may return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave, in accordance with law. Eligible employees are entitled to continued participation in the district's health plan as long as they are entitled to FMLA leave protection; however, an employee who fails to return to work after the expiration of his or her allowed leave time will be expected to reimburse the district for those benefits paid, as required by law. The FMLA makes it unlawful for any employer to interfere with, restrain or deny the exercise of any right provided under the FMLA. Additionally, it is unlawful for any employer to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. Recordkeeping The superintendent or designee will ensure that personnel records regarding FMLA eligibility and leave are maintained in accordance with law and available for inspection, copying and transcription by representatives of the U.S. Department of Labor upon request. Enforcement The U.S. Department of Labor is authorized to investigate and resolve complaints of violation of the FMLA. An eligible employee may bring a civil action against an employer for violations. For additional information, contact the nearest office of the U.S. Department of Labor's Wage and Hour Division. * * * * * * * Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information. Adopted: 04/20/2010 © 2008, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBCA 1. A sole proprietorship owned by the employee, his or her spouse or dependent children in the person's custody. 2. A partnership or joint venture in which the employee or spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the employee is an officer or director or of which the employee, spouse or dependent children in the employee's custody, whether singularly or collectively, own more than ten (10) percent of the outstanding shares of any class of stock or partnership units. 3. Any trust in which the employee is the settlor or trustee, or in which the employee, spouse or dependent children, singularly or collectively, are beneficiaries or holders of a reversionary interest of ten (10) percent or more of the corpus of the trust. The following activities are explicitly prohibited: 1. Except as allowed in this policy, employees or businesses with which they are associated are prohibited from selling or providing personal property to the district. 2. Employees will not participate in any manner, directly or indirectly, in which the employee attempts to influence any decision of the district when the employee knows the result of the decision may be the acceptance of the performance of a service or the sale, rental or lease of any property to the district and the employee, his or her spouse, dependent children in his or her custody or any business with which the employee is associated will benefit financially. 3. An employee will not use his or her position with the district to influence purchases made by students or their parents/guardians resulting in the financial gain of the employee, the employee's spouse, the dependent children of the employee, or businesses or businesses with which they are associated unless authorized by the Board of Education. 4. An employee will not trademark, patent, copyright or claim ownership interest in any inventions, publications, ideas, processes, compositions, programs, images or other intellectual property created by the employee in their capacity as an employee of the district, unless authorized by the Board of Education. The district will not pay royalties, licensing fees or other fees for use of intellectual property an employee creates in his or her capacity as an employee of the district to employees or businesses with which the employee is associated, unless authorized by the Board of Education. 5. An employee will not receive compensation other than the compensation received from the district for tutoring students currently enrolled in a class the employee teaches unless authorized by the building administrator. 6. Employees will not accept gifts of substantial value from vendors, per student or parents unless authorized by the Board of Education. For the purposes of this policy, a gift has a "substantial value" if it is worth more than $50. 7. Employee will not use district property, including the district's intellectual property, or confidential information obtained in their capacity as employees of the district to financially benefit themselves or any other person or business unless authorized by the Board of Education. Administrative or Executive Employees In addition to the above-listed requirements, the following restrictions apply to all administrative or executive employees in the school district, in accordance with law. Administrative and executive employees of the district may: 1. Provide services to the district as independent contractors, in addition to the compensation provided for the performance of their official duties. If the compensation for such services exceeds $500 per transaction of $5,000 per year, the district must first give public notice and competitively bid the services and the district employee's bid must be the lowest received. 2. Sell, rent or lease personal property to the district. The transaction must be bid and the employee's bid must be the lowest received if the compensation for the property exceeds $500 per transaction or $5,000 per year. 3. Sell, rent or lease real estate to the district. Public notice of the transaction must be given prior to execution if the compensation for the property exceeds $500 per transaction or $5,000 per year. 4. Not receive compensation or payment for services from any person, firm or corporation, other than the compensation provided by the district for the performance of their official duties, to attempt to influence a decision by the district. 5. Not perform any
service for compensation by which they attempt to influence a decision of
the district for one (1) year after the termination of their employment with
the district. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBCB
1. Become familiar with, enforce and follow all Board policies, regulations, administrative
procedures, other directions given by district administrators and state and federal laws as
they affect the performance of job duties. © 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBCC Definitions Cell Phone B All portable devices except laptops that send or receive calls or text messages, allow the retrieval of e-mail or provide access to the Internet. General Cell Phone Use The district prohibits any employee cell phone use that interrupts or disrupts the performance of duties by the employee or otherwise interferes with district operations, as determined by the employee's supervisor. This prohibition applies regardless of whether the cell phone used is owned by the employee or provided by the district. Supervision of students is a priority in the district, and employees who are responsible for supervising students must concentrate on that task at all times. Employees shall not use a cell phone when they are responsible for supervising students unless any of the following conditions occurs: 1. There is an emergency. 2. The use is necessary to the performance of an employment-related duty that at the particular time and cannot be avoided. 3. The employee has received specific and direct permission from a supervisor. Supervisors shall limit such permission to unusual circumstances such as communication regarding a family birth or surgery. Even when these conditions exist, the employee is responsible for obtaining assistance in adequately supervising students during the approved use so that students are supervised at all times. Technology Safety To protect district technology, the district does not allow personal cell phones to be synchronized with the district's network. Employees should contact the district's technology director for alternative methods of synchronization, if feasible. Use of District-Provided Cell Phones The district may provide cell phones and service to some employees to assist them in carrying out their employment-related duties on and off district property. Use of a district-provided cell phone is a privilege. The superintendent or designee has sole discretion as to which employees will be provided cell phones and may recall any previously issued cell phone. Employees do not have any expectation of privacy in district-provided cell phones or any information stored on them, and such phones may be confiscated and searched at any time. Employees are expected to exercise reasonable care to protect district-provided cell phones from damage or theft and must report any such incidents immediately. The district may require employees to reimburse the district for any damage or theft that was the result of the employee's negligence. Users of district-provided cell phones must abide by any use limitations included in the district's service contract. Personal Use of District-Provided Cell Phones Personal use of district-provided cell phones is permissible as long as the use does not exceed the limits of the applicable plan. However, personal use of a cell phone is not permitted if the phone or service is paid for under E-Rate. An employee whose use exceeds plan limitations will be required to reimburse the district for all expenses beyond those covered by the plan and may have privileges suspended or revoked unless the employee can show that all use was for employment-related duties and the phone was not used for personal reasons. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: July 20, 2010 Cross Refs: AC,
Prohibition Against Illegal Discrimination and Harassment Legal Refs: U.S.
Const. amend. IV Chillicothe R-II School District, Chillicothe, Missouri FILE: GBE The district will only make medical inquiries, require physical exams or keep medical information on an employee in accordance with law. Individuals employed by the district or through a contracted service to drive district transportation must annually file a statement from a medical examiner with the district that indicates that they are physically qualified to operate district transportation for the purpose of transporting students. A new driver must file this statement prior to his or her initial operation of district transportation. Medical records must be
maintained on separate forms in separate medical files and shall be kept
confidential. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBEA Reporting An employee must report all injuries immediately to his or her immediate supervisor by completing the district's incident report form. If the nature of the injury or illness is such that the employee cannot immediately submit the completed incident form, the employee's supervisor will assist the employee in completing the form as soon as possible, but no later than 30 days after the injury or illness. Employees who fail to report an injury or illness arising out of and in the course of employment within 30 days of such injury or illness may jeopardize their ability to receive compensation and other benefits pursuant to law and this policy. Upon receiving a report of an injury or illness, the supervisor will immediately forward the report to the superintendent or designee. The superintendent or designee will promptly forward a copy of the report to the district's workers' compensation insurance carrier and will be responsible for keeping the carrier informed of the employee's status. Use of Leave The district does not permit the use of paid leave for absences during the period when the employee receives workers' compensation wage benefits. Because by law an employee will not receive workers' compensation wage benefits for the first three (3) days of absence if the total absence is less than 14 days, the district will apply available paid leave for those days. However, the employee will only receive compensation for those days once the district knows that the employee will not receive workers' compensation wage benefits for those days. Employees who are absent due to an illness or injury compensable under workers' compensation and who are receiving such compensation will not lose seniority or any accumulated paid leave due to the absence. However, the employee will not continue to accumulate paid leave during the absence. Employees are required to use accumulated paid leave to receive medical treatment, evaluation or to attend physical rehabilitation during work time. If paid leave has been exhausted and the employee must be absent during work time to receive medical treatment, evaluation or to attend physical rehabilitation in conjunction with a work-related injury or illness, the employee may be granted unpaid leave. Medical Providers The district may designate medical providers to be used in the administration of workers' compensation claims and treatment. A list of district-designated providers will be available to employees upon request. If a medical provider has been designated by the district and the employee chooses to use his or her own provider, the employee is responsible for all costs associated with the provision of those services. Loss of Benefits An injury caused by the failure of employees to use safety devices provided by the district or obey rules adopted by the district for the safety of employees will result in the reduction of benefits payable under this policy and pursuant to law. Violation of the district's Drug-Free Workplace policy or any other district policy, procedure or rule relating to the use of alcohol or nonprescribed controlled substances will result in a reduction or loss of benefits payable under this policy and pursuant to law if the injury was sustained in conjunction with the use of alcohol or nonprescribed controlled substances. The Board authorizes post-injury testing for nonprescribed controlled substances or alcohol in accordance with Board policy and law. Refusal to submit to the test will result in the loss of benefits. An employee is disqualified from receiving temporary total disability workers' compensation benefits during any period of time in which the employee receives unemployment benefits. Temporary, partial or total disability workers' compensation benefits are not payable if an employee is terminated from employment for misconduct post-injury. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 12/20/2005 Cross Refs:
EBBA, Accident Response and Prevention Legal Refs: Chapter 287, RSMo. Chillicothe R-II School District, Chillicothe, Missouri FILE: GBEBA When it is evident that an employment has consumed alcoholic beverages or controlled substances off school property before or during a district activity, the staff member will not be allowed on school property or to participate in the activity and will be subject to the same disciplinary measures as for possession or consumption on district property. Staff members will be tested for alcohol and controlled substances if the district has reasonable suspicion that the staff member has violated this policy. In addition, staff members who operate district transportation must submit to alcohol and drug testing as otherwise required by law. All testing will be conducted in accordance with Board policy, administrative procedures and law. Any employee who violates this policy will be subject to disciplinary action, which may include suspension, termination and referral for prosecution. Employees may be required to satisfactorily participate in rehabilitation programs. Each employee of this school district is hereby notified that, as a condition of employment, the employee must abide by the terms of this policy, and will notify the superintendent of any criminal drug statute conviction for a violation occurring in or on the premises of this school district, or while engaged in regular employment. Such notification must be made by the employee to the superintendent in writing no later than five calendar days after conviction. The superintendent will provide notice in writing of such violation to the United States Department of Education, or other appropriate federal agency within 10 calendar days after the superintendent receives such notification, if the district receives any federal grants directly from such agency, as opposed to federal grants received through the Department of Elementary and Secondary Education (DESE). The district will take appropriate disciplinary action within 30 days. The district will institute a drug-free awareness program, to inform employees of the dangerous and harmful nature of drug and alcohol abuse in the workplace, of this policy of maintaining a drug-free workplace, of available counseling and rehabilitation, and of the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. The Board of Education recognizes that employees who have a drug abuse problem should be encouraged to seek professional assistance. Although the district will not assume financial responsibility, an employee who requests assistance shall be referred to a treatment facility or agency in the community if such facility or agency is available. Upon the request of the Department of Elementary and Secondary Education or an agency of the United States, the district shall certify that it has adopted and implemented the drug prevention program described in this policy. The district shall conduct a biennial review of this policy to determine its effectiveness, implement necessary changes, and to ensure that the disciplinary sanctions are consistently enforced. This policy shall be communicated in writing to all present and future employees. Compliance
with this policy is mandatory. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBEBB Provisions Applicable to All Employees Alcohol and Drug Prohibitions No employee may manufacture, use, possess, sell, distribute or be under the influence of alcohol or drugs in violation of the district's Drug-Free Workplace policy. All employees may be tested for alcohol and drugs if the district has reasonable suspicion that the employee has consumed alcohol or drugs in violation of Board policy Program Coordinator The superintendent or designee will serve as the program coordinator to implement the alcohol and drug testing program of the district within the guidelines of this policy. Training All staff who have supervisory duties over other staff members will be provided training on the effects of drug and alcohol use. The training will include physical, behavioral, speech and performance indicators of drug and alcohol use. Supervisors of employees who operate district transportation will be trained in accordance with federal law. Testing Program The district will use testing facilities with appropriately trained personnel for alcohol and drug testing. The district's drug and alcohol testing program shall provide individual privacy in the collection of specimen samples to the maximum extent possible. The specimen collection procedures and chain of custody shall ensure that specimen security, proper identification and integrity are not compromised. Refusal to Submit to Tests Drug or alcohol tests administered pursuant to this policy are mandatory. An employee refuses to submit when he or she fails to provide adequate breath or urine for testing when notified of the need to do so or engages in conduct that clearly obstructs the testing process. Consequences Employees who refuse to submit to a test, who test positive for prohibited substances or who take deliberate action with the intent to falsify test results will be subject to discipline, including termination, in accordance with Board policy and law. Treatment In addition to any disciplinary action taken, the district will provide employees a list containing the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs when employees have a positive drug or alcohol test, refuse to take a test or otherwise request information about substance abuse treatment. District Records and Reports Alcohol and drug test results and records shall be maintained under strict confidentiality and released only in accordance with law. Upon written request, an employee shall receive copies of any records pertaining to his or her use of alcohol or drugs, including any records pertaining to his or her tests. Test records shall be maintained with the separate medical files of each employee. The district shall maintain records and reports of its alcohol and drug prevention program as required by law. Notification to Employees The program coordinator shall ensure that all employees receive written materials explaining the district' s drug and alcohol misuse prevention program, including copies of or access to applicable policies, procedures or handbooks. Employees shall sign statements certifying that they have received the materials. Provisions Applicable to Drivers In addition to the drug testing provisions applicable to all employees, the Chillicothe R-II School District, which employs operators of commercial motor vehicles ("drivers"), is required to implement a drug and alcohol testing program that fulfills federal requirements. The district will use laboratories certified by the U.S. Department of Health and Human Services to conduct drug specimen analysis. This comprehensive program shall include conducting pre-employment drug testing and reasonable suspicion, random and post-accident testing for use of alcohol or drugs by drivers; notifying drivers of the requirements and consequences of the program; maintaining appropriate records; and complying with Missouri Department of Revenue's reporting requirements. As required by law, no driver shall report for duty within four (4) hours of using alcohol. No driver required to take a post-accident test shall use alcohol for eight (8) hours following the accident or until he or she undergoes a post-accident alcohol test, whichever comes first. Records of drug
and alcohol tests and other related records shall be made available to a
subsequent employer only as expressly requested in writing by the employee. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
FILE: GBEBC CRIMINAL BACKGROUND CHECKS The Chillicothe R-II School District is committed to providing a safe environment for students to learn. As part of this effort, the district will require criminal background checks of employees as well as certain volunteers and others working on school grounds in accordance with this policy. The Board directs the superintendent or designee to develop procedures and practices consistent with this policy. Definitions Criminal Background Check B A search of the Federal Bureau of Investigation's criminal history files, the Missouri Highway Patrol's criminal database and sexual offender registry, the central registry of child abuse and neglect of the Children's Division (CD) of the Department of Social Services, or other databases designated by law or by the district. Driving Records B Traffic-related offenses contained in the Missouri Department of Revenue's databases. Employees Generally, the district will conduct a criminal background check in accordance with law on all new employees before they have contact with any student; however, the district will forgo a criminal background check on any teacher hired on a part-time or substitute basis if the teacher is hired within one (1) year of having retired from the Chillicothe R-II School District. The district may forgo a criminal background check on any employee or potential employee who has had a background check conducted by another Missouri public school within the past year if the district receives a copy of the background check directly from the other district. Any offer of employment is contingent upon the satisfactory outcome of the criminal background check, when required by the district. The district has the sole and absolute discretion to determine whether the outcome is satisfactory. Drivers The district will conduct a criminal background check on all bus drivers, regardless of when they were first hired. The district may allow bus drivers to operate district transportation pending the results of the criminal background check. If the district contracts for student transportation services, the contract will require that the transportation company that provides services for the district conduct criminal background checks and will allow the district access to that information. Volunteers The district will conduct a criminal background check on all persons volunteering in positions where they will be left alone with a child. The superintendent or designee is directed to identify the volunteer positions in the district that require a criminal background check. The superintendent or designee must receive the results of the background check and officially approve the volunteer before he or she may begin service in the identified volunteer position. Payment All applications for employment and volunteers are responsible for the cost of the criminal background check, but the district may later reimburse the person at the district's discretion. The district will pay the expenses associated with conducting and renewing criminal background checks for current employees. In cases where the district requires independent contractors to conduct criminal background checks, payment for the background checks will be determined by the contract. Updating Information The district reserves the right to require any person to submit to additional criminal background checks at the district's expense or to rerun background checks at any time. The district will update all criminal background checks required under this policy at least every five (5) years if the person is still volunteering or working for the district or working on district property. The district will update the driving records for all drivers of district transportation at least every six (6) months. Any employee refusing to submit to a background check may be disciplined or terminated. The district may decline to utilize the services of volunteers or contractors who refuse to participate. District Notification As a condition of continuing to work within the district, all employees and other persons required to submit to a criminal background check pursuant to this policy must notify the district if they are charged, convicted, plead guilty to or are otherwise found guilty of any misdemeanor or felony, regardless of the imposition of sentence. The notification must be made as soon as possible, but no later than five (5) business days after the event. Reporting Requirements The district will report to the Department of Elementary and Secondary Education (DESE) when information is obtained that a certificated person has pled guilty or no contest to or been found guilty of a crime or offense, regardless of whether a sentence has been imposed, in this state, another state or another country that may put the person's certificate in jeopardy pursuant to Missouri law. Confidentiality Information received by the district pursuant to a criminal background check is confidential. Except as allowed by law, the district will only use this information for the district's internal purposes in determining the suitability of an applicant, employee, volunteer or other worker on district property. The district will keep this information in a location that is only accessible to persons who need to know the information to carry out their responsibilities with the district. Any person submitting to a criminal background check may receive a copy of the background check information received by the district. Pursuant to state law and upon the written request of an employee or former employee, the district may transfer a criminal background check to another school district within one (1) year of receiving the background check. Consequences The superintendent or designee is directed to exclude any person from employment, or to take action to terminate employment, whose criminal background check reveals that they have exhibited behavior that is violent or harmful to children or adults. Contracts with independent contractors will likewise address the suitability of workers on school grounds. * * * * * * * Note: The reader is encouraged to check the index located at the beginning of this
section for other pertinent policies and to review administrative procedures
and/or f forms for related information. © 2006, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBH Staff Member B For the purposes of this policy, a staff member is a district employee or volunteer. Student B For the purposes of this policy, the term "student" only applies to a student currently attending school in the Chillicothe R-II School District Educational Purpose B An activity reasonably considered to be part of the staff member's duties in the district including, but not limited to, counseling and the treatment of a student's physical injury, depending on the employee's job description. General Staff members are expected to maintain courteous and professional relationships with students. All staff members have a responsibility to provide an atmosphere conducive to learning through consistently and fairly applied discipline and the maintenance of physical and emotional boundaries with students. These boundaries will be maintained regardless of the student's age, the perceived consensual nature of the relationship, the location of the activity or whether the staff member directly supervises the student. Staff members will maintain these physical and emotional boundaries unless there is an educational purpose justifying deviation from these standards. When such justification exists, the staff member must be prepared to articulate the appropriate educational purpose of the deviation and must demonstrate that appropriate precautions were taken. When possible, the staff member should consult his or her supervisor prior to engaging in behaviors or activities that might violate professional boundaries. Such notification is not required when a behavior is part of the employee's duties. For example, a nurse does not need to notify a supervisor each time he or she must be alone with a student to provide nursing care. Violations Unless an educational purpose exists, examples of situations where professional physical and emotional boundaries are violated include, but are not limited to:
Additionally, staff members may not:
Staff members who engage in any of the above behaviors or in any other conduct that intrudes on a student's physical or emotional boundaries without a valid educational or health purpose will be disciplined, up to and including termination of employment. Depending on the circumstances, the district may report staff members to law enforcement and the Children's Division (CD) of the Department of Social Services for further investigation, and the district may seek revocation of a staff member's license(s) with the Department of elementary and Secondary Education. Reporting Any staff member who possesses knowledge or evidence of possible violations of this policy must immediately make a report to the district's administration. All staff members who know of have reasonable cause to suspect child abuse shall immediately report the suspected abuse in accordance with Board policy. Staff members must also immediately report a violation or perceived violation of the district's discrimination and harassment policy (AC) to the district's nondiscrimination compliance officer. Staff members may be disciplined for failing to make such reports.
© 2004, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBL The file of an individual employee will be considered confidential information and a closed record, to the extent allowed by the law, and will only be available to authorized administrative personnel and to the employee. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment are closed records under the Missouri Sunshine Law to the extent allowed by law. Pursuant to state law, the names, positions, salaries and lengths of service of all employees are public information and must be released upon request. In accordance with federal law, the district shall release to parents, upon request, information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals who are employed by a school receiving Title I funds and who provide instruction to their child at that school. Files containing immigration records and files containing medical information regarding an employee will be kept separate from other personnel files. Upon request to and in the presence of the appropriate administrative official, any employee may
inspect his or her own personnel file during regular working hours, with the exception of the
ratings, reports and records obtained prior to the employment of the individual, including
confidential placement papers. © 2002, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GBM If a complaint has been made to the employee's immediate supervisor, building-level supervisor, and the superintendent or their designee and the employee has received responses from these persons, the employee may appeal to the Board of Education. The employee must submit a written request for an appeal within five (5) workdays after receiving a decision from the superintendent. The decision of the Board will be final. Complaint processing should be viewed as a positive and constructive effort to establish the facts upon which the complaint is based and come to a fair conclusion. Employees will not be discriminated against nor will reprisal be attempted against an employee because a complaint was filed. I. Definition II. Exclusions © 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCA The term "professional staff" will be used to designate those employees who must either possess teaching, administrative or professional certificates issued by state educational authorities or degrees from accredited institutions of higher learning in order to maintain their status with the district. The Board instructs the superintendent to maintain a comprehensive and up-to-date set of job
descriptions of all positions in the school system. Job descriptions are to be kept in a separate
manual dedicated to that purpose and shall be available in the office of the superintendent during
regular business hours. © 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCBA
The superintendent of schools shall prepare salary schedules for approval of the Board of Education and implement the salary schedules adopted by the Board of Education. The superintendent may consult with staff members in preparing the salary schedules. Administrative Staff © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCBA-R
1. The professional staff will be employed by the Board based on the recommendation of the
superintendent. Portions © 2001 Missouri School Boards’ Association FILE: GCBC The Board of Education shall provide fringe benefits to all full-time professional staff members by offering participation in a group insurance plan. The contract for insurance will be submitted to competitive bidding at least every three (3) years. Any plan of group health insurance shall include a provision allowing persons who retire, or who have retired, to become members of the plan if they are eligible to receive benefits under the Public School Retirement System of Missouri (PSRS), by paying premiums at the same rate as other members of the group, pursuant to the limitations set forth in § 169.590, RSMo. In addition, the Board shall establish a premium-only cafeteria plan, as permitted under federal law, accessible by employees of the school district. COBRA At the time of commencement of coverage under the plan, an employee shall be given his or her first notification of rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Further notification is contingent upon the occurrence of a qualifying event and, in applicable situations, notification to the district that a qualifying event has occurred, as required by law. ******* Adopted: 08/18/1998 Revised: 06/17/2003; 04/15/2008 Cross Refs: DJC, Bidding Requirements Legal Refs: §§ 67.150,
.210, 169.590, 376.453, RSMo. Chillicothe R-II School District, Chillicothe, Missouri FILE: GCBDA No employee will be disciplined or terminated for absences qualifying for protection under the Family and Medical Leave Act (FMLA) or other applicable law (see Board policy GBBDA). The district may require an
employee to provide the district a doctor's note or other verification of
illness before the district applies sick leave or other applicable paid
leave to the absence. The district may require an employee to present
a certification of fitness to return to work whenever the employee is absent
from work due to the employee's health. Upon retirement, an employee will be paid for unused sick leave in accordance with policy GCPC. Absences may be charged against sick leave for the following reasons: a. Illness, injury or incapacity of the employee. The Board reserves the right to require a physician's certification attesting to the illness or disability of the claimant and/or inclusive dates of the employee's incapacitation. FMLA health certification procedures apply to FMLA-qualifying absences, even if such absences are paid sick leave. b. Illness, injury or incapacity of a member of the immediate family. The Board defines "immediate family" to include spouse, parents, children, children's spouses, grandparents, grandchildren and siblings of an employee or employee's spouse or any other family member residing with the employee. (Note: "Family" for FMLA purposes is more limited.) c. Illness, injury or incapacity of other relatives, with permission granted by the superintendent. d. Pregnancy, childbirth and adoption leave in accordance with this policy. e. Bereavement leave to attend a funeral of any person who is not an immediate family member. f. Absences may be charged against sick leave for court appearances, unless applicable law requires no leave be charged to the employee, and for leave connected with duty as a volunteer firefighter, member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team or activation by the Federal Emergency Management Agency (FEMA) in times of national disaster. Staff members who are ill are encouraged to stay home to promote healing and reduce the risk of infecting others, especially during a pandemic or other significant health event. In the event of a pandemic or other significant health event, schools may be closed to all staff and students or just students. If schools are closed only to students, staff members are expected to work regular schedules or use appropriate leave. A district employee shall not be entitled to use sick days during the period the employee receives Workers' Compensation for time lost to work-related incidents. Any certificated employee who is a member of a retirement system shall remain a member during any period of leave under sick leave provisions of the district or under Workers' Compensation. The employee shall also receive creditable service credit for such leave time if the employee makes contributions to the system equal to the amount of contributions that he or she would have made had he or she been on active service status. 2. Personal Leave -- When a faculty member accumulates 0-50 days of sick leave, he/she will have two (2) personal days per school year to be used from his/her accumulated sick leave; and when a faculty member accumulates over 50 days of sick leave, he/she will have three (3) personal days per school year to be used from his/her accumulated sick leave. Leave will not be granted for an employee due to adverse weather conditions. Leave will not be granted for an extension of a holiday. Whenever possible, it is expected that requests for leave will be made in writing to the designated administrator at least 48 hours in advance of the time leave is requested. However, 30 days' notice is required by law if the leave qualifies as FMLA leave and such notice is practical. The administrator will respond promptly to the employee's written request. A district employee shall not be entitled to use personal leave days during the period the employee received Workers' Compensation for time lost to work-related incidents. 3. Vacation -- All professional staff employed on a 12-month basis will receive two (2) weeks of vacation per year. 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. A district employee shall not be entitled to use vacation days during the period the employee receives Workers' Compensation for time lost to work-related incidents. 4. Bereavement Leave -- When a death occurs in an employee's immediate family, employees may take up to three (3) days off with pay to attend the funeral or make funeral arrangements. The district may require verification of the need for the leave. The Board defines "immediate family" to include spouse, parents, children, children's spouses, grandparents, grandchildren and siblings of an employee or employee's spouse, and any other family member residing with the employee. After the exhaustion of the three (3) days of bereavement leave, the employee may use the sick leave. Unless otherwise provided, the following leaves will be provided to full-time and part-time professional employees. 1. Holidays -- Professional staff should refer to the annual school calendar, which is subject to revision by the School Board. 2. Professional Leave -- Teachers may be granted professional leave to attend classes or conferences, meet with mentors or participate in other approved professional growth activities. Professional leave must be approved by the superintendent or designee, arranged well in advance and is not considered personal leave. 3. Military Leave -- The Board shall grant military leave as required by law. 4. Election Leave -- Any employee who is appointed as an election judge pursuant to state law may be absent on any election day for the period of time required by the election authority. The employee must notify the district at least seven (7) days prior to any election in which the employee will serve as an election judge. No employee will be terminated, disciplined, threatened or otherwise subjected to adverse action based on the employee's service as an election judge. 5. Leave to Vote -- Employees who do not have three (3) successive hours free from work while the polls are open will be granted a leave period of three (3) hours to permit the employees three (3) successive hours while the polls are open for the purpose of voting. Requests for such leave must be made prior to election day, and the employee's supervisors will designate when during the workday the leave should be taken. Any employee who properly requests leave to vote and uses the leave for that purpose will not be subject to discipline, termination or loss of wages or salary. 6. Leave for Court Subpoena -- If a subpoena is directly related to the employee's school duties, the employee will be released for court appearance without loss of leave. All employees who are subpoenaed as witnesses in a court proceeding related to their duties will: a. Be required to notify their principal and superintendent of this service; b. Be paid at their regular daily rate; c. Not be charged for sick leave. d. Other court appearances will be deducted from sick leave. Jury Duty Leave -- An employee will be granted paid leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process or time spent actually serving on a jury. An employee will not be terminated, disciplined, threatened or otherwise subjected to adverse action because of the employee's receipt of or response to a jury summons. Employees will be required to assign their jury duty pay vouchers to the school district. Firefighter Leave -- Employees will be allowed to use personal, vacation and/or unpaid leave for any time taken to respond to an emergency in the course of performing duties as a volunteer firefighter. For the purposes of this section, "volunteer firefighter" includes members of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team or those activated by FEMA in times of national disaster. Employees covered under this section shall not be terminated from employment for joining a volunteer fire department or for being absent from or late to work in order to respond to an emergency. Employees shall make every reasonable effort to notify the principal or supervisor if the employee may be absent from or late to work under this section. Employees are required to provide their supervisors with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency along with the time and date of the emergency. Crime Victim Leave -- Any employee who is a crime victim, who witnesses a crime or who has an immediate family member who is a crime victim will not be required to use vacation, personal or sick leave in order to honor a subpoena to testify in a criminal proceeding, attend a criminal proceeding or participate in the preparation of the criminal proceeding. Pregnancy, Childbirth and Adoption Leave Employees eligible for FMLA leave for the birth, first-year care, adoption or foster care of a child will have such leave applied in accordance with the FMLA. The district shall only apply up to six (6) weeks of accrued paid leave to such absences. Employees who are ineligible for FMLA leave may take up to six (6) week of leave for the birth, first-year care, adoption or foster care of a child and may use any combination of accrued sick leave, personal leave, vacation leave or unpaid leave. Pregnant employees who need more than six (6) weeks of paid or unpaid leave for a pregnancy-related incapacity must provide certification of the medical necessity for such leave.
Portions © 2003 Missouri School Boards’ Association FILE: GCBDAA Membership Enrollment and Contributions New members to the district must donate one (1) day for three (3) years for a total of three (3) days to be a part of the pool. A new member may waive one (1) year but must join the second year of employment and must donate a total of three (3) days (one day for three years). The committee may recommend that the pool be replenished if necessary. If the total number of pool days is reduced to 100 days, the pool committee may require all members to donate one (1) day during the school year or at the end of the school year. Members shall be given written notice of the requirement for the need of the additional donation. If a member has no days remaining to contribute, his/her contribution may be delayed until the beginning of the following year. A member who has unused sick leave and has the maximum number of accumulated sick leave days may volunteer to give those days to the pool at the end of the school year with the approval of the committee. Termination of a staff member's service in the district automatically terminates membership in the sick leave pool. Contributed sick leave is non-refundable and remains in the sick leave pool. Benefits Requirements 1. The three-day penalty will be assessed only once per illness, even if the member has returned to work in the interim. However, the member must again supply a letter from the physician stating that the absence was caused by the continuation of the same illness. 2. Maternity leave will not be eligible from the pool; however, applications to the pool for complications during pregnancy will be voted on by the committee. 3. Cosmetic surgery, unless made necessary by an accident, will not be covered by this plan. 4. The period of time covered by any one (1) withdrawal from the sick leave pool would be limited to the remaining part of that year's contract period. Reapplication the following year will be considered. Leave from the pool will be granted, to the extent the employee has FMLA eligibility remaining and in fact remains eligible, without certification requirements other than those provided by the FMLA, when the employee is on protected leave under the FMLA due to the serious health condition of the employee that makes the employee unable to perform the functions of his or her job, to the same extent the employee could apply his or her own sick leave to the absence under Policy GCBDA. Sick Leave Pool Committee The Sick Leave Pool Committee will be responsible for reviewing applications for withdrawal of sick leave pool days and determining the eligibility of the request by a simple majority vote. The committee will be responsible for monitoring the status of the sick leave pool and shall provide reports as necessary including a year end report to the membership. The committee has the right to recommend amendments to the policy. Procedures All applications will be turned into the Sick Leave Pool Committee chairperson and will be reviewed by the committee within seven (7) working days from the date received. The applicants will be notified in writing as soon as possible of the committee’s decisions. Eligibility of days that may be withdrawn shall be based on years of experience in the Chillicothe
R-II School District. The following scale will be used: Appeal Process Amendments Dissolution of Sick Leave Pool © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCBDB Sabbatical Leaves of Absence 1. The leave of absence shall be based upon an application by the employee and the recommendation of the superintendent of schools, and shall not be granted for a period longer than one (1) year. 2. The applicant shall have been a certificated employee of the school district for not less than six (6) consecutive years immediately preceding the application. 3. The teacher shall request the leave 90 calendar days prior to the end of the school year preceding the leave period. 4. The Board of Education will not grant a sabbatical leave of absence unless the district is able to find a satisfactory replacement for the teacher. 5. The number of leaves granted in any one (1) year shall be left to the discretion of the Board of Education. 6. Upon the staff member's return to the school system, the employee shall be reinstated at the proper position on the salary schedule, losing only that time during which regular duties were not performed. The Board retains the right to reassign the teacher. 7. The leave of absence shall be without pay or benefits by the school district. Military Leaves of Absence The Board of Education will grant military leave as required by law and as described in Board policy. 1. Pursuant to federal law, employment and re-employment rights shall be maintained for periods of service up to five (5) years or more as required by statute. 2. Pursuant to state law, employees taking military leave are entitled to up to 120 hours of paid leave for military duty. Pay will only be available for hours of military leave that occur at a time when the employee would otherwise have been required to be at work. 3. Leaves for military service will not be counted as continuous full-time service when computing tenure but shall not impair tenure previously acquired nor affect any credit toward tenure previously earned. 4. After initial employment with the district, time spent on military leave shall be counted in determining placement on the salary schedule. One-Year General Leaves of Absence General leaves are subject to the following conditions: 1. The leave of absence shall be based upon application by the teacher; it shall coincide with the school year and not be for a period of more than one (1) year. Leaves will not be counted as continuous full-time service when computing tenure but shall not impair tenure previously acquired, nor affect any credit toward tenure previously earned. 2. The applicant shall have been a certificated employee of the school district for not less than six (6) consecutive years immediately preceding the application. 3. The teacher shall request the leave 90 calendar days prior to the end of the school year preceding the leave period. 4. The Board of Education shall be able to make satisfactory arrangements for the performance of the ordinary duties of the applicant during the period for which the leave of absence is requested. 5. The number of leaves granted in any one (1) year shall be left to the discretion of the Board of Education. 6. Upon the staff member's return to the school system, the employee shall be reinstated at the proper position on the salary schedule, losing only that time during which regular duties were not performed. The Board retains the right to reassign the teacher. 7. The leave of absence shall be without pay or benefits by the school district. Extended Maternity Leave
If an employee elects to request a leave of absence under this policy, the leave shall be unpaid and that unpaid leave shall commence at the birth or adoption of the child. Any absence prior to the birth of the child would be covered under the district sick leave policy.
* * * * * * * Portions © 2002 Missouri School Boards’ Association FILE: GCD The district's hiring procedures will comply with all federal and state laws, including laws prohibiting discrimination. All teachers and administrators must have valid certification to teach in Missouri schools. The district is an equal opportunity employer. The district hires only citizens of the United States and persons who are legally authorized to work in the United States. The Chillicothe R-II School District will enroll and actively participate in a federal work authorization program in accordance with law. Recruiting Recruitment procedures will not overlook the talents and potential of individuals already employed by the school district. Any current, qualified employee meeting the stated requirements may apply for positions in the district. All requests for information concerning professional staff vacancies in the district shall be directed to the superintendent or designee. Persons interested in positions in the district must complete a formal application and provide all necessary information requested by the superintendent or designee. The superintendent or designee shall conduct interviews, review references, process background checks and obtain other information as deemed necessary. The superintendent or designee will conduct background checks on employees and applicants for employment in accordance with law and Board policy. Hiring All applicants will be promptly notified once a decision has been made on the position. As required by law, probationary teachers, principals, assistant principals and other certificated employees in positions ineligible for tenure, except the superintendent, shall be notified in writing concerning reemployment on or before April 15 of the year in which the current contract expires. A spouse of a Board member will only be hired to fill a vacant or new position if the position has been advertised in accordance with this policy and if the superintendent has submitted a written recommendation supporting the employment of the spouse. If the spouse of a Board member is hired, the names of all applicants for that position as well as the name of the individual hired will be included in the appropriate Board minutes. The district will not accept an application of employment from a Board member, consider a Board member for employment or decide to employ a Board member while the member remains on the Chillicothe R-II School District Board of Education. Board members who wish to apply for employment in the district must first resign from the Board. If the district determines that it has a shortage of certificated teachers, the district may hire retired certificated teachers receiving retirement benefits from the Public School Retirement System to teach full time for up to two (2) years without loss of benefits to the teacher, if the district meets the requirements set by state law. The district may only hire retired teachers under this program if it has:
The total number of retired teachers hired under this section cannot exceed at any one (1) time the lesser of ten (10) percent of the total teacher staff in the district or five (5) certificated teachers. This provision does not apply to a retired certificated teacher employed as a superintendent. Contracting Probationary teachers, principals, assistant principals and other certificated employees in positions ineligible for tenure, except the superintendent, will receive a contract no later than May 15 of the year in which the current contract expires. Once such an employee has received a contract, the employee will have 15 calendar days to sign and return the contract or the contract shall be deemed to have been rejected. Tenured teachers shall be notified in writing by May 15 regarding the beginning date and length of the next school year and the amount of compensation to be received for the next school year as provided by the salary schedule adopted by the Board. A tenured teacher who does not notify the district of his or her intent to leave the district by June 1 is contractually bound to the district for the upcoming school year.
* * * * * * * © 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCE The contracts of all professional staff employed on a regular part-time basis must explicitly state the percentage of full-time employment (FTE) that the employee is contracted to work so that the district may accurately calculate the accumulation of tenure. Job Sharing A job-sharing position shall mean any position requiring employment of at least 17 and no more than 20 hours per week on a regular basis, requiring at least 70 percent of time spent in classroom instruction and that is shared with one (1) other employee. Previously Retired Teachers If the position in question is not subject to the district's salary schedule, an employed retiree may earn up to 50 percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules of the Board of Trustees of the retirement system provided that it shall not exceed 50 percent of the annual compensation payable for the position in the school district that is most comparable to the position filled by the retiree. In any case where a retiree fills more than one (1) position during the school year, the 50 percent limit on permitted earnings shall be based on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to the Public Education Employee Retirement System because of earnings during such period of employment. A retired teacher may be employed for more than 550 hours, but this will result in a new retirement account being established pursuant to law, and he or she shall not be eligible to receive his or her retirement allowance for any month during which he or she is so employed. Substitute Teachers © 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCG Definitions The following definitions shall apply in the administration of district policies and are intended to merely summarize the legal definitions under Missouri law. If for any reason the following definitions contradict Missouri law, the legal definitions will control in the application of district policy. Teacher -- Any employee of a 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, but including certified teachers who teach at the pre-kindergarten level within a pre-kindergarten program in which no fees are charged to parents or guardians. Permanent or Tenured Teacher -- A teacher who meets the definition of a "permanent" teacher in the Missouri Teacher Tenure Act, including:
Probationary Teacher -- Any teacher as herein defined who has been classified as a "permanent" or "tenured" teacher by law.
* * * * * * * © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCI Definitions Assignment -- Placement in a particular position or building by the district. Transfer -- Reassignment by the district at the request of the employee. Assignments The Board directs the superintendent to assess the professional staffing needs of the district annually and to assign professional staff as necessary to meet those needs. Although the superintendent will take the employee's expressed preference into consideration, the ultimate decision must be based on the district's needs. The superintendent may reassign staff members to different positions or buildings at any time, including after a contract has been signed or in the middle of the school year. Transfers Professional staff may request a transfer to a different position or building by submitting the appropriate form to the superintendent or designee. Transfer requests for the following school year must be submitted on or before March 1. Transfers in the middle of the year are discouraged and will be considered only in extraordinary circumstances. Professional staff requesting a transfer in the middle of the year must submit the appropriate form and discuss the request with both the employee's immediate supervisor and the superintendent or designee. Although the superintendent will take the employee's expressed preference into consideration, the ultimate decision must be based on the district's needs. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 09/20/2005 Chillicothe R-II School District, Chillicothe, Missouri FILE: GCKA Extra duty assignments which make major demands on a teacher's time shall be compensated in
accordance with an extra-duty allowance salary schedule established annually by the Board. Extra
duties shall be defined as those duties and responsibilities in conjunction with but not a part of the
regular teaching assignment, but considered as a part of the teaching act. These duties are not
considered subject to the provisions of the Teacher Tenure Act. Faculty members to be appointed
to extra-duty positions will be recommended by the superintendent and approved by the Board.
Appointees will be issued a contract for the terms of their extra-duty employment stating the
particular assignment, its duration and the compensation to be paid. Professional staff members
will be paid stipends that are commensurate with the demands of their specific extra-duty
assignments. Most stipends will be paid on an annual or seasonal basis, although certain
assignments not related to the teaching act, performed at irregular or infrequent intervals, may be
paid at an hourly rate. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCL The Board of Education of the Chillicothe R-II School District recognizes the relationship between high-quality professional development and student achievement and therefore commits to a high quality professional staff development program. The program will be aligned with the current Comprehensive School Improvement Plan (CSIP) and based on available student achievement data and the results of needs assessment at the school and district level. In support of this commitment the Board will: 1. Establish a Professional Development Committee (PDC) that will create and implement a Professional Development Plan (PDP) based on the district's Comprehensive School Improvement Plan (CSIP). The PDP must be approved by the Board prior to implementation. 2. Allocate adequate funding for high-quality professional development activities as defined by law. 3. Provide leave and dismissal time for approved professional growth activities and reimbursement for expenses related to conferences and visitations. 4. Provide opportunities for increased compensation or advancement on the salary schedule with additional education or training in accordance with Board policy and procedures. 5. Provide opportunities for collective participation by staff members in the same school community, subject area, grade level or department. Professional Development for Teachers The professional development program for teachers will: 1. Be sustained over time. 2. Focus on specific content areas or instructional practices. 3. Support the collective learning of teachers. 4. Align with district, school and teacher goals. 5. Be infused with active learning and provide teachers the opportunity to practice and apply new knowledge. Professional development for teachers will include a beginning teacher assistance program and a mentoring program that meets or exceeds the standards established by the Department of Elementary and Secondary Education (DESE). Professional Development for Administrators Professional development activities will be provided for superintendents, principals and other district personnel charged with administrative functions. As with professional development for teachers, professional development for administrators will be available on an individual basis and as part of a collective group. Professional development for administrators will align with Interstate School Leaders Licensure Consortium (ISSLC) standards and focus on support of classroom instruction. Administrators will participate in the Mentoring Program for Administrators (MPA) supported by the Missouri Partnership for Mentoring School Leaders. Program Evaluation The PDC will conduct an annual evaluation of the professional development program to determine whether professional development is aligned with the district's CSIP and identified instructional strategies. To the extent possible, the evaluation will determine the effect of the professional development program on student achievement as measured by assessments of student mastery of grade-level expectations. Reimbursement for College Credit Portions © 2002 Missouri School Boards’ Association FILE: GCLB A National Board Certified teacher will be allowed to waive years of teaching experience and
serve only one (1) year on each state prior to Stage 3. Portions © 2000 Missouri School Boards’ Association FILE: GCN The primary purpose of a performance-based evaluation is to facilitate and improve employee performance and instruction to enhance student learning. An effective evaluation system should identify areas of teaching/administrative strength and weakness and provide direction for maintaining and improving teacher/administrator skills through professional staff development activities. The secondary purpose is to determine whether performance meets the degree of competency required for continued employment. Probationary teachers are minimally expected to perform at the expectation level on all criteria on the district's performance-based evaluation instrument. Failure to maintain this level of performance is a ground for non-renewal. The procedures and instruments for professional staff evaluation will be developed by the administration, in consultation with the district's professional staff, and will be approved by the Board. Teacher evaluation instruments must minimally reflect the standards listed in this policy. One (1) copy of the completed evaluation form shall be given to the staff member concerned, one(1) copy filed in the employee's personnel file at the office of the Board of Education and one(1) copy retained by the appropriate administrator/evaluator. Teaching Standards All teachers in the Chillicothe R-II School District shall: 1. Be knowledgeable of the content and prepared for instruction. 2. Keep current on instructional knowledge and explore changes in teaching behaviors that will improve student performance. 3. Promote active student participation in the learning process and ensure that all students have success. 4. Use various forms of assessment to monitor and manage student learning. 5. Communicate and interact with the community in a professional manner. 6. Effectively maintain student time on task. 7. Act as a responsible professional in carrying out the mission of the district.
© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCPA If it becomes necessary to reduce the number of certificated, professional staff members in the district through unrequested leaves of absence, the following philosophy will govern the reduction: Because the school district exists for the students, and the main obligation of the Board of Education is to provide an education for the district's students, and not to provide employment, the Board will, through procedures carried out by the administration, determine which employees can best serve the needs of the students.
* * * * * * * © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCPB A tenured teacher has a binding contract with the district for the next school year if the teacher does not notify the district of his or her resignation in writing by June 1, or at the time a new contract is executed with the district if executed prior to June 1. A probationary teacher has a binding contract with the district once the teacher and the Board have executed a contract. Once under contract, only the Board has the authority to release the teacher from a contract. The Board considers serious illness, transfer of spouse and military service legitimate reasons for resignation of professional staff. However, the Board will consider each resignation on an individual basis. A teacher will not be released from a contract unless a suitable replacement is found. The Board reserves the right to pursue all available legal remedies when an employee breaks a contract with the district including, but not limited to, filing charges to have a teacher's certificate revoked or seeking a monetary judgment. Early Resignation Recognizing the need to recruit quality teachers in a timely manner, the Board encourages certified staff members who plan to resign from their contracts for the following school year to do so as early as possible. Early resignations enable the district to recruit quality teachers from an increasingly smaller candidate pool. Early employment of certified staff ultimately benefits students in the district. In order to encourage timely resignations, staff members whose written resignations are received on or before January 15 of the year immediately prior to the year in which the resignation would be effective will receive a contract release payment of $500 with their final salary checks. The early resignation payment applies to full-time positions. Such payment shall be made in return for the teacher's release of any and all existing or potential claims to the right of continued employment or expectation of re-employment for the succeeding school year.
* * * * * * * © 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GCPC Persons engaged by the district as independent contractors, including consultants, are not by virtue of such engagement considered employees of the district for purposes of membership or contribution to the PSRS or the PEERS. Any person retired and currently receiving a retirement allowance other than for disability may be employed in any capacity on either a part-time or temporary-substitute basis not to exceed a total of 550 hours in any one (1) school year, and through such employment, may earn up to 50 percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance. If the position in question is not subject to the district's salary schedule, a retiree employed may earn up to 50 percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules of the board of trustees of the retirement system; provided that, it shall not exceed 50 percent of the annual compensation payable for the position in the school district that is most comparable to the position filled by the retiree. In any case where a retiree fills more than one position during the school year, the 50 percent limit on permitted earning shall be based on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to the PEERS because of earnings during such period of employment. If such a person is employed in any capacity by such a district on a regular, full-time basis, he or she shall not be eligible to receive his or her retirement allowance for any month during which he or she is so employed and shall contribute to the retirement system. Any person retired and currently receiving a retirement allowance from either the PSRS or the PEERS, other than for disability, who elects to return to work in an employment capacity covered by either of the aforementioned retirement systems, shall undertake such service under a new membership in the applicable system. Contributions shall be made to the retirement system for any covered employment under the new membership at the same time and in the same manner as contributions are made for covered employment generally. An employee who, at the time of retirement from the Chillicothe R-II School District, is eligible
for benefits from the PSRS will be reimbursed for unused sick leave at the following rates: Portions © 2000 Missouri School Boards’ Association FILE: GCPD Employees without Contracts The superintendent may suspend with or without pay professional staff members who are not under contract. Any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated. The superintendent shall report any such suspension to the Board of Education. The superintendent's decision will stand approved unless reversed by the Board. Employees with Contracts Employees with contracts may be suspended with pay in accordance with law. Employees with contracts may be suspended without pay only after appropriate due process. Prior to suspension without pay during the term of a contract, a professional staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the board of Education. The employee must request an appeal within ten (10) days of notice of suspension without pay. If the employee appeals, the employee may also be suspended with pay pending the appeal. In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived. Pursuant to state law, any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated. Prior to the suspension without pay, the professional staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. If the Board reverses the suspension, the employee will be reimbursed for any pay withheld. Depending on the length and nature of the suspension, the employee may receive additional due process as required by law. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 08/18/1998 Revised: 11/16/1999; 03/15/2005 Cross Refs:
JFCF, Hazing and Bullying Legal Refs: §§ 167.166, 168.071, .101 - .126, RSMo. Chillicothe R-II School District, Chillicothe, Missouri
FILE: GCPE Employees with Contracts Employees with contracts will be terminated after due process in accordance with the contract and law. Employees without Contracts The superintendent may terminate employees who are not under contract. The superintendent shall report any such termination or suspension to the Board of Education, and the decision will stand approved unless reversed by the Board. Certificated Personnel Termination of certificated personnel shall be done in accordance with the provisions of the Teacher Tenure Act of Missouri or other applicable law. In addition to termination, the district reserves the right to file and prosecute charges with the State Board of Education for the revocation of a teaching certificate, pursuant to state law. The district may also petition the office of the Attorney General to file charges with the State Board of Education on behalf of the school district for any cause other than annulment of contract. The superintendent or designee shall immediately provide written notice to the State Board of Education and the Attorney General upon learning that a certificated employee has pled guilty or was found guilty of any offense that would authorize the State Board to seek discipline or revoke a teaching certificate. Tenured Teachers I. Method A. A tenured teacher shall not be terminated by the Board of Education of a school district except for one (1) or more of the following causes: 1. Physical or mental condition unfitting him or her to instruct or associate with children. 2. Immoral conduct. 3. Incompetency, inefficiency or insubordination in the line of duty. 4. Willful or persistent violation or failure to obey the school laws of the state or the published regulations of the Board of Education of the school district employing him or her. 5. Excessive or unreasonable absence from performance of duties. 6. Conviction of a felony or crime involving moral turpitude. B. In determining the professional competency or efficiency of a tenured teacher, consideration should be given to regular and special evaluation reports prepared in accordance with district policy and to any written standards of performance adopted by the Board. C. A tenured teacher's contract may not be terminated by the Board of Education until after service upon the teacher of written charges specifying with particularity the grounds alleged to exist for termination of such contract, notice of a hearing on charges and, if requested by the teacher, a hearing by the Board of Education. D. If the charges are for incompetency, inefficiency or insubordination, at least 30 days before service of the notice of charges, the superintendent will give the teacher a warning in writing stating specifically the causes which, if not removed, may result in charges. Thereafter, the superintendent or designee and the teacher shall meet in an effort to resolve the matter. Thirty days' notice is not necessary for termination for charges other than incompetency, inefficiency and insubordination. E. Notice of a hearing upon charges, together with a copy of charges, shall be served on the tenured teacher at least 20 days prior to the date of the hearing. The notice and copy of charges may be served upon the teacher by certified mail with personal delivery, addressed to the employee at his or her last known address. If the teacher or the teacher's agent does not within ten (10) days after receipt of the notice request a hearing on the chares, the Board may, by a majority vote, order the contract of the teacher terminated. If a hearing is requested by either the teacher or the Board of Education, it shall take place not less than 20 or more than 30 days after notice of the hearing has been furnished to the tenured teacher. F. On the filing of charges in accordance with this section, the Board may suspend the teacher from active performance of duty until a decision is rendered by the Board, but the teacher's salary shall be continued during such suspension unless the law requires the suspension to be without pay. If a decision to terminate a teacher's employment is appealed and the decision is reversed, the teacher shall be paid his or her salary lost while the appeal was pending. II. Termination Hearing If a hearing is requested on the termination of a tenured contract or is otherwise used for the termination of a professional staff member under this policy, it shall be conducted by the Board of Education in accordance with the following provisions: A. The hearing shall be public. B. Both the teacher and the person filing charges may be represented by counsel who may cross-examine witnesses. C. Testimony at hearings shall be on oath or affirmation administered by the president of the Board of Education who shall have the authority to administer oaths in accordance with law. D. The Board shall have the power to subpoena witnesses and documentary evidence as provided in § 536.077, RSMo., and shall do so on its own motion or at the request of the teacher against whom charges have been made. The Board shall hear testimony of all witnesses named by the teacher. However, the Board may limit the number of witnesses to be subpoenaed on behalf of the teacher to not more than ten (10). E. The Board of Education shall employ a stenographer who shall make a full record of the proceedings of the hearings and who shall, within ten (10) days after the conclusion thereof, furnish the Board of Education and the teacher, at no cost to the teacher, a copy of the transcript of the record, which shall not be certified by the stenographer to be complete and correct. The transcript shall not be open to public inspection unless the hearing on the termination of the contract was an open hearing or if an appeal from the decision of the Board is taken by the teacher. F. All costs of the hearing shall be paid by the Board except the cost of counsel for the teacher. G. The decision of the Board of Education resulting in the demotion of a tenured teacher or the termination of a tenured contract shall be by a majority vote of the members of the Board of Education, and the decision shall be made within seven (7) days after the transcript is furnished them. A written copy of the decision shall be furnished to the teacher within three (3) days thereafter. III. Appeal A. The teacher may appeal the decision of the Board of Education to the circuit court of the county where the district is located. The appeal shall be taken within 15 days after service of a copy of the decision of the Board of Education upon the teacher, and if an appeal is not taken within that time, then the decision of the Board of Education shall become final. B. The appeal may be taken by filing notice of appeal with the Board of Education, whereupon the Board of Education, under its certificate, shall forward to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and the decision of the Board of Education, which shall thereupon become the record of the cause. Such appeal shall be heard as provided in Chapter 536, RSMo. Probationary Teachers A probationary teacher may be terminated during the course of a contract for good cause including, but not limited to, the reasons for terminating a tenured teacher. If in the opinion of the Board of Education any probationary teacher has been doing unsatisfactory work, the Board of Education, through its authorized administrative representative, shall provide the teacher with a written statement definitely setting forth his or her alleged incompetency and specifying the nature thereof in order to furnish the teacher an opportunity to correct his or her fault and overcome the incompetency. If improvement satisfactory to the Board of Education has not been made within 90 days of receipt of the notification, the Board of Education may terminate the employment of the probationary teacher immediately. Termination on other grounds may progress immediately. Any motion to terminate the employment of a probationary teacher shall include only one (1) person and must be approved by a majority of the members of the Board of Education. A tie vote thereon constitutes termination. A probationary teacher will receive due process as required by law prior to termination. The district may utilize the process for dismissal of tenured teachers. Certificated Administrative Staff Ineligible for Tenure Certificated employees ineligible for tenure (other than the superintendent) in their present positions, such as principals and assistant principals, may be terminated during the course of a contract for good cause including, but not limited to, the reasons for terminating instructional personnel. No improvement period is required prior to the notice of charges. If an administrator other than the superintendent is also a tenured teacher, the district will provide the terminated administrator a teaching position if a position is available in accordance with law, unless the teaching contract has also been terminated. An administrator will receive due process prior to termination as required by law. The district may utilize the process for dismissal of tenured teachers. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 03/15/2005 Cross Refs: JFCF, Hazing and Bullying Legal Refs: §§ 168.101, .114, .116, .118, .120, .126, RSMo. Chillicothe R-II School District, Chillicothe, Missouri
FILE: GCPF Probationary Teachers On or before April 15 of each school year, the Board of Education shall notify in writing a probationary teacher who will not be retained by the school district of the nonrenewal of his or her contract. If the teacher was nonrenewed due to a decrease in student enrollment, school district reorganization of the financial condition of the school district, the written notice will include the reason for nonrenewal. Otherwise, upon request, the district will provide a concise written statement of the reason or reasons the contract was not renewed. Certificated Administrative Staff Ineligible for Tenure On or before April 15 of the year in which a contract expires, the Board of Education shall notify in writing an administrator ineligible for tenure (other than the superintendent) concerning his or her re-employment. Any motion regarding re-employment of such certified employee shall include only one (1) person and shall be made in the positive. A majority of the elected members voting in the affirmative shall constitute re-employment. Nonrenewed administrators who have tenure as a teacher in the district will be offered a teaching position in accordance with law and must provide written notice to the district by June 1 if they do not intend to accept the position. If an administrator is nonrenewed or demoted, and if the employee has been re-employed five (5) times by the district, the employee may, within ten (10) days following receipt of notice, request a written statement of reasons. The statement shall be provided within ten (10) days of receipt of the request. The employee shall be granted a hearing, if requested in writing within ten (10) days after receipt of the statement of reasons. The hearing shall be held within ten (10) days of the receipt of the request, and shall be open at the employee's request. The employee may have counsel, testify, offer evidence and cross-examine witnesses. After the hearing, no further action by the Board shall be required. Noncertificated Professional Staff Unless otherwise required by law, the district may nonrenew the contracts of noncertificated professional staff members by notifying the employee prior to entering into a new contract with the employee that his or her contract will not be renewed. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 03/15/2005 Cross Refs: BDDF, Voting Method Legal Refs: §§ 168.101, .126, RSMo. Chillicothe R-II School District, Chillicothe, Missouri FILE: GCQD All teachers and administrators of the district shall notify the Board of their election to a regional, state or national office of a professional organization. The obligation of an employee to meet the demands of an office may become a budgetary factor for the district if the employee desires release time to participate and draw expenses for attendance. If the employee desires reimbursements, a written request shall be submitted to the Board for approval of release time and/or expenses. The Chillicothe R-II Board of Education recognizes the Missouri State Teachers Association/
Chillicothe Community Teachers Association as the official group in issues that may come before
the Board involving the professional staff. For Office Use Only: GCQD-S.CHL FILE: GDA The superintendent is required to provide for the maintenance of up-to-date job descriptions
covering all non-certificated support staff positions in the school system. Job descriptions are to
be kept in a separate manual dedicated to that purpose and shall be available in the office of the
superintendent during regular business hours. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDBB Definitions 1. Hours Worked: For purposes of this policy, hours worked means all hours during which the individual is required to be on duty -- generally from the required starting time to normal quitting time -- and all hours an employee is permitted to work. Meal periods and break periods of 20 minutes or longer do not count as hours worked unless the individual performs work during the meal period. 2. Nonexempt Employees: This includes all district employees not specifically identified as exempt under federal law. This generally includes noncertificated staff; however, in some circumstances noncertificated staff members may qualify for exempt status. The Board directs the superintendent to ensure that job positions are classified as exempt or nonexempt and that employees are made aware of these classifications. Employees in doubt about their status should contact their immediate supervisor. 3. Exempt Employees: Those employees whose duties and compensation meet the requirements to be an exempt executive, administrative, professional or computer employee as defined in federal law. Overtime Compensation The following provisions apply to nonexempt staff who work more than 40 hours during any workweek: 1. Unless the district and the employee have an agreement or understanding in advance that the employee will be given compensatory (comp) time off for overtime work, he or she will be paid one and one-half (1 1/2) times his or her regular rate of pay for each hour of overtime. 2. The Board discourages overtime work by nonexempt employees. A nonexempt employee shall not work overtime without the express approval of his or her supervisor. Nonexempt employees who begin work earlier or work later than their assigned hours without prior authorization from their immediate supervisor are subject to discipline, including termination. Compensatory Time The district uses comp time in lieu of overtime for the following classifications of employees: custodians, aides, secretaries and cafeteria workers. This policy constitutes an agreement or understanding in advance that these employees will be given comp time off for overtime work. Employees will be awarded such comp time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. The following provisions apply to comp time: 1. Comp time may be accrued up to 240 hours (160 overtime hours). Overtime work beyond this maximum accrual will be monetarily compensated at the rate of one and one-half (1 1/2) times the individual's regular rate of pay. 2. Every effort will be made to permit the use of comp time at a time mutually agreed upon by the individual and his or her supervisor. However, when the individual's absence would unduly disrupt the district's operations, the district retains the right to postpone comp time usage. 3. Upon leaving the district, individuals with unused comp time will be paid for any unused comp time at a rate not less than the higher of the average regular rate received by the employee during his or her last three (3) years of employment or his or her final regular rate of pay. (If overtime hours have not been converted to comp time, the employee will be paid one and one-half [1 1/2] times his or her final regular pay rate for each such hour of overtime.) Individuals covered by this policy are required to complete a daily time record showing actual hours worked. Failure to maintain or falsification of such records may be grounds for disciplinary action. ******* © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDBC The Board of Education shall provide fringe benefits to all full-time support staff employees by offering participation in a group insurance plan. Full-time support staff shall be eligible for participation in the group insurance plan the first month following satisfactory completion of a 90- day probationary period. The enrollment period shall be open for 30 days after which shall close and shall be modified only upon the occurrence of a qualifying event. Full-time for support staff shall be defined as those who are assigned a minimum of 32 hours or more per week as part of their regular hours worked. Full-time support staff and employees hired prior to June 18, 2002, shall be exempt from this requirement. The aforementioned benefits shall remain in effect until the last day of the month if the full-time support staff member resigns or is terminated during the contract period. The aforementioned benefits shall remain in effect until the last day of the succeeding month if the full-time support staff member resigns or the full-time support staff member’s contract is non-renewed. Any plan of group health insurance shall include a provision allowing persons who retire, or who have retired, to become members of the plan if they are eligible to receive benefits under the Public Education Retirement System (PEERS), by paying premiums at the same rate as other members of the group, pursuant to the limitations set forth in § 169.590, RSMo. The contract for insurance will be submitted for competitive bidding at least every three (3) years. The Board shall also establish a premium-only cafeteria plan, as permitted under federal law, accessible by employees of the school district. COBRA At the time of commencement of coverage under the plan, full-time support staff members or
employees shall be given first notification of rights under the Consolidated Omnibus Budget
Reconciliation Act (COBRA). Further notification is contingent upon the occurrence of a
qualifying event and, in applicable situations, notification to the district that a qualifying event has
occurred, as required by law. Full-time support staff members or employees are eligible for
continuing benefits for a period of 18 months following termination. Full-time support staff
members or employees shall assume the responsibility for paying all premiums and administrative
fees associated with such continued coverage. Portions © 2001 Missouri School Boards’ Association FILE: GDBDA No employee will be disciplined or terminated for absences qualifying for protection under the Family and Medical Leave Act (FMLA) or other applicable law (see Board policy GBBDA). The district may require an
employee to provide the district a doctor's note or other verification of
illness before the district applies sick leave or other applicable paid
leave to the absence. The district may require an employee to present
a certification of fitness to return to work whenever the employee is absent
from work due to the employee's health. 1. Sick Leave -- Any support staff employees whose assignments call for at least nine (9) months of full-time employment will be entitled to sick leave as follows:
Upon retirement, an employee would be paid $10/day per unused sick leave up to 70 days for 9-month employees and 110 days for 12-month employees. Absences may be charged against sick leave for the following reasons: a. Illness, injury or incapacity of the employee. The Board reserves the right to require a physician's certification attesting to the illness or incapacity of the claimant and/or inclusive dates of the employee's incapacitation. The FMLA health certification procedures apply to FMLA-qualifying absences, even if such absences are paid sick leave. b. Illness, injury or incapacity of a member of the immediate family. The Board defines "immediate family" to include spouse, parents, children, mother-in-law, father-in-law, grandparents, grandchildren, brothers and sisters of an employee or employee's spouse and any other family member residing with the employee. (Note: "Family" for FMLA purposes is more limited.) c. Illness, injury or incapacity of other relatives, with permission granted by the superintendent. d. Bereavement leave to attend a funeral of any person who is not an immediate family member. e. Pregnancy, childbirth and adoption leave in accordance with this policy. f. Absences may be charged against sick leave for court appearances, unless applicable law requires no leave be charged to the employee, and for leave connected with duty as a volunteer firefighter, member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team or activation by the Federal Emergency Management Agency (FEMA) in times of national disaster. Staff members who are ill are encouraged to stay home to promote healing and reduce the risk of infecting others, especially during a pandemic or other significant health event. In the event of a pandemic or other significant health event, schools may be closed to all staff and students or just students. If schools are closed only to students, staff members are expected to work regular schedules or use appropriate leave. A district employee may not use sick leave during the period the employee receives Workers' Compensation for time lost to work-related incidents. Any support staff employee who is a member of a retirement system shall remain a member during any period of leave under sick leave provisions of the district or under Workers' Compensation. The employee shall also receive creditable service credit for such leave time if the employee makes contributions to the system equal to the amount of contributions that he or she would have made had he or she been on active service status. When all sick leave has been used, the employee's salary will be decreased for any absence not covered by other paid leave. 2. Personal Leave -- Employees with accumulated sick leave of at least 14 days would be allowed to use one (1) day per year for personal reasons with the same stipulations as the certified staff. The personal day will be charged against sick leave and is not exclusive of sick leave days. Personal days are not accumulative. Leave will not be granted for an extension of a holiday. Whenever possible, it is expected that requests for leave will be made in writing to the designated administrator at least 48 hours in advance of time leave is requested. However, 30 days' notice is required by law if the leave qualifies as FMLA leave and such notice is practical. The administrator will respond promptly to the employee's written request. A district employee may not use personal leave days during the period the employee receives Workers' Compensation for time lost to work-related incidents. 3. Vacation -- Employees working 12 months receive annual vacation which must be approved by the administrator in charge and used each year no later than the Friday in August prior to the opening of the school year. Vacation not used by that time is forfeited. Employees with years of service of one (1) to 15 years will receive two (2) weeks - ten (10) days. Employees with 15 years or more of continuous service will receive three (3) weeks - 15 days. NOTE: 12-month employees working less than one (1) year prior to July 1 of the next fiscal year may receive a prorated share of vacation days. A district employee may not use vacation days during the period the employee receives Workers' Compensation for time lost to work-related incidences. 4. Bereavement Leave- When a death occurs in an employee's immediate family, employees may take up to three (3) days off with pay to attend the funeral or make funeral arrangements. The district may require verification of the need for the leave. The Board defines "immediate family" to include spouse, parents, children, children's spouses, grandparents, grandchildren and siblings of an employee or employee's spouse, and any other family member residing with the employee. After the exhaustion of the three (3) days of bereavement leave, the employee may use sick leave. Unless otherwise provided, the following leaves will be provided to full-time and part-time support staff employees. 1. Holidays -- Support staff should refer to the annual school calendar, which is subject to 2. Professional Leave -- Employees may be granted professional leave to attend classes or conferences, meet with mentors or participate in other approved professional growth activities. Professional leave must be approved by the immediate supervisor, arranged well in advance and is not considered personal leave. 3. Military Leave -- The Board shall grant military leave as required by law. 4. Election Leave -- Any employee who is appointed as an election judge pursuant to state law may be absent on any election day for the period of time required by the election authority. The employee must notify the district at least seven (7) days prior to any election in which the employee will serve as an election judge. No employee will be terminated, disciplined, threatened or otherwise subjected to adverse action based on the employee's service as an election judge. 5. Leave to Vote -- Employees who do not have three (3) successive hours free from work while the polls are open will be granted a leave period of three (3) hours for the purpose of voting. Requests for such leave must be made prior to election day, and the employee's supervisors will designate when during the workday the leave should be taken. Any employee who properly requests leave to vote and uses the leave for that purpose will not be subject to discipline, termination or loss of wages or salary. 6. Leave for Court Subpoena -- If the subpoena is directly related to the employee's school duties, the employee will be released for court appearance without loss of leave. All employees who are subpoenaed as witnesses in a court proceeding related to their duties will: a. Be required to notify their principal and superintendent of this service; b. Be paid at their regular daily rate; c. Not be charged for sick leave; d. Other court appearances will be deducted from sick leave. 7. Jury Duty Leave -- An employee will be granted paid leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process or time spent actually serving on a jury. An employee will not be terminated, disciplined, threatened or otherwise subjected to adverse action because of the employee's receipt of or response to a jury summons. Employees will be required to assign their jury duty pay vouchers to the school district. 8. Firefighter Leave -- Employees will be allowed to use personal, vacation and/or unpaid leave for any time taken to respond to an emergency in the course of performing duties as a volunteer firefighter. For the purposes of this section, "volunteer firefighter" includes members of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team or those activated by FEMA in times of national disaster. Employees covered under this section shall not be terminated from employment for joining a volunteer fire department or for being absent from or late to work in order to respond to an emergency. Employees shall make every reasonable effort to notify the principal or supervisor if the employee may be absent from or late to work under this section. Employees are required to provide their supervisors with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency along with the time and date of the emergency. 9. Crime Victim Leave -- Any employee who is a crime victim, who witnesses a crime or who has an immediate family member who is a crime victim will not be required to use vacation, personal or sick leave in order to honor a subpoena to testify in a criminal proceeding, attend a criminal proceeding or participate in the preparation of the criminal proceeding. Pregnancy, Childbirth and Adoption Leave Employees eligible for FMLA leave for the birth, first-year care, adoption or foster care of a child will have such leave applied in accordance with the FMLA. The district shall only apply up to six (6) weeks of accrued paid leave to such absences. Employees who are ineligible for FMLA leave may take up to six (6) weeks of leave for the birth, first-year care, adoption or foster care of a child and may use any combination of accrued sick leave, personal leave, vacation leave or unpaid leave. Pregnant employees who need
more than six (6) weeks of paid or unpaid leave for a pregnancy-related
incapacity must provide certification of the medical necessity for such
leave. Portions © 2003 Missouri School Boards’ Association FILE: GDC The district's hiring procedures will comply with all federal and state laws, including laws prohibiting discrimination. The Chillicothe R-II School District is an equal opportunity employer and hires only citizens of the United States and persons who are legally authorized to work in the United States. The Chillicothe R-II School District will enroll and actively participate in a federal work authorization program in accordance with law. Recruiting Recruitment procedures will not overlook the talents and potential of individuals already employed by the school district. Any current, qualified employee meeting the stated requirements may apply for positions in the district. All requests for information concerning vacancies in the district shall be directed to the superintendent or designee. Persons interested in positions in the district must complete a formal application and provide all necessary information requested by the superintendent or designee. The superintendent or designee shall conduct interviews, review references and obtain other information as deemed necessary. The superintendent or designee will conduct background checks on employees and applicants for employment in accordance with law and Board policy. Hiring A spouse of a Board member will only be hired to fill any vacant or new position if the position has been advertised in accordance with this policy and if the superintendent has submitted a written recommendation supporting the employment of the spouse. If the spouse of a Board member is hired, the names of all applicants for that position as well as the name of the individual hired will be included in the appropriate Board minutes. The district will not accept an application of employment from a Board member, consider a Board member for employment or decide to employ a Board member while the member remains on the Chillicothe R-II School District Board of Education. Board members who wish to apply for employment in the district must first resign from the Board. In accordance with law, the district will hire individuals receiving retirement benefits from the Missouri Public Education Employee Retirement System to work full time only if the district has determined that it has a shortage of noncertificated employees. The district may only hire retired employees under this program if it has:
The total number of retired noncertificated employees hired under this section cannot exceed at
any one (1) time the lesser of ten (10) percent of the total noncertificated staff in the district or five
(5) noncertificated employees. © 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDI Definitions Assignments -- Placement in a particular position or building by the district. Transfer -- Reassignment by the district at the request of the employee. Assignments The Board directs the superintendent to assess the staffing needs of the district annually and to assign support staff as necessary to meet those needs. Although the superintendent will take the employee's expressed preference into consideration, the ultimate decision must be based on the district's needs. The superintendent may reassign support staff members to different positions or buildings at any time, including the middle of the school year. Transfers Support staff may request a transfer to a different position or building by submitting the appropriate form to the superintendent or designee. Transfer requests for the following school year must be submitted on or before March 1. Transfers in the middle of the year are discouraged and will be considered only in extraordinary circumstances. Support staff requesting a transfer in the middle of the year must submit the appropriate form and discuss the request with both the employee's immediate supervisor and the superintendent or designee. Although the superintendent will take the employee's expressed preference into consideration, the ultimate decision must be based on the district's needs. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: 09/20/2005 Chillicothe R-II School District, Chillicothe, Missouri FILE: GDL The Chillicothe R-II School District Board of Education recognizes that well-trained support staff employees positively impact student achievement and are essential for the district's mission and the efficient and economical operation of the schools. Therefore, the district will provide relevant professional development activities for the support staff of the district. The superintendent or designee is directed to create a support staff professional development committee (SSPDC), and the district's professional development committee (PDC) will include representatives from noncertified positions. The district will conduct needs assessments that serve to identify the professional development needs of support staff employees. Support staff may be granted leave to attend classes or conferences, meet with mentors or participate in other approved professional growth activities in accordance with the district's leave policy. ******* Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or f forms for related information. Adopted: July 20, 2010 Cross Refs: ADF, District Wellness Program Chillicothe R-II School District, Chillicothe, Missouri FILE: GDN All supervisors and/or principals will complete a written evaluation on all support staff under their supervision. All support staff employees will be evaluated at least once during their first year of employment and then at least once every year thereafter. The supervisors and/or principals will evaluate the performance of employees under their supervision in the following areas:
This evaluation will be used to increase job proficiency, and also to determine eligibility for reemployment. All employees will be given an explanation of duties and responsibilities, and will be provided
guidance by their immediate supervisors in performing them satisfactorily. In addition,
supervisors have the responsibility to inform each employee under their supervision in advance
of the criteria to be used in the evaluative process. Supervisors and/or principals should justify
any recommended salary increases on the basis of performance in the above-named evaluative
areas. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDPB Employees Under Contract If the contract does not include a notice provision, the resignation is final upon submission and
effective at the end of the contract period. Resignations for employees under contract require
Board approval only if the employee wishes the resignation to be effective prior to the end of the
contract period. The district may pursue all legal remedies available to address a breach of an
employment contract. A resignation is final upon submission and cannot be withdrawn unless
authorized by the supervisor to whom it was submitted. © 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDPC Persons engaged by the district as independent contractors, including consultants, are not by virtue
of such engagement considered employees of the district for purposes of membership or
contribution to the Public School Retirement System or PEERS. © 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office FILE: GDPD Although support staff employees not employed under contract have no contractual right to continued employment from one academic term or year to the next, such employees may reasonably expect continued employment until notified otherwise. Any employee who strip searches a student in violation of state law will be immediately suspended without pay as required by law and may be terminated. Employees with Contracts Nonrenewal Unless otherwise required by law, the district may nonrenew the contracts of support staff by notifying the employee prior to entering into a new contract with the employee that his or her contract will not be renewed. Suspension with Pay Support staff members under contract may be suspended by the superintendent with pay for violation of Board policies, state law, for any other good cause or to investigate allegations of misconduct. The employee will be notified of the basis for the suspension and given an opportunity to discuss or rebut the charges. Suspensions with pay will stand approved unless reversed by the Board. Suspension without Pay Support staff members employed under contract may be suspended without pay by the superintendent during the term of such contract for violation of the policies of the Board of Education, for violation of state law, or for any other good cause. Prior to the suspension, the employee shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived. If the employee appeals, the employee may still be suspended with pay in accordance with Board policy pending the appeal. Any employee who strip searches a student in violation of state law will be immediately suspended without pay and may be terminated. Prior to suspension without pay, the staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. If the Board reverses the suspension, the employee will be reimbursed for any pay withheld. Depending on the length and nature of the suspension, the employee may receive additional due process as required by law. Termination Support staff members employed under contract may be terminated during the term of such contract for violation of Board policies, violation of state law, or for any other good cause. Prior to the termination, the employee shall be notified in writing of the charges and the action to be taken, and shall be given an opportunity to discuss or rebut the charges. Unless an employee's contract allows for termination for any reason at the end of a notice period, the employee may appeal the termination to the Board by filing a written notice of appeal with the superintendent within ten (10) days after receiving the notice of charges. The employee will be suspended
but will continue to be paid until the time for appeal has expired, and if
an appeal is taken , until the Board renders its decision unless the law
requires the suspension to be without pay. If no appeal is taken, or
if the Board terminates the employee after a hearing, the employee's pay
will be docked retroactively for any period of suspension.
© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office SECTION A: FOUNDATIONS AND BASIC COMMITMENTS | SECTION B: SCHOOL BOARD GOVERNANCE AND OPERATIONS SECTION C: GENERAL SCHOOL ADMINISTRATION | SECTION D: FISCAL MANAGEMENT | SECTION E: SUPPORT SERVICES SECTION F: FACILITIES DEVELOPMENT | SECTION G: PERSONNEL | SECTION I: INSTRUCTIONS | SECTION J: STUDENTS SECTION K: SCHOOL-COMMUNITY RELATIONS | SECTION L: EDUCATION AGENCY RELATIONS |