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Chillicothe R-II School District in Missouri!
SCHOOL DISTRICT POLICIES

SECTION G: PERSONNEL

For Office Use Only: G_INDEX.CHL (12/03)
GBB Staff Involvement in Decision Making
GBBDA Family and Medical Leave
GBCA Staff Conflict of Interest
GBCB Staff Conduct
GBCC Staff Cell Phone Use
GBE Staff Health and Safety
GBEA Workers' Compensation
GBEBA Drug-Free Workplace
GBEBB Employee Alcohol and Drug Testing
GBEBC Criminal Background Checks
GBH Staff/Student Relations
GBL Personnel Records
GBM Staff Complaints and Grievances
GCA Professional Staff Positions
GCBA Professional Staff Salary Schedules
GCBA-R Professional Staff Salary Schedules
GCBC Professional Staff Fringe Benefits
GCBDA Professional Staff Short-Term Leaves and Absences
GCBDAA Professional Staff Sick Leave Pool
GCBDB Professional Staff Long-Term Leaves and Absences
GCD Professional Staff Recruiting and Hiring
GCE Part-Time and Substitute Professional Staff Employment
GCG Professional Staff Probation and Tenure
GCI Professional Staff Assignments and Transfers
GCKA Professional Staff Extra Duty
GCL Professional Staff Development Opportunities
GCLB Professional Staff Career Ladder Program
GCN Evaluation of Professional Staff
GCPA Reduction in Professional Staff Work Forcel
GCPB Resignation of Professional Staff Members
GCPC Retirement of Professional Staff Members
GCPD Suspension of Professional Staff Members
GCPE Termination of Professional Staff Members
GCPF Nonrenewal of Professional Staff Members
GCQD Professional Organizations
GDA Support Staff Positions
GDBB Support Staff Supplementary Pay Plans
GDBC Support Staff Fringe Benefits
GDBDA Support Staff Leaves and Absences
GDC Support Staff Recruiting and Hiring
GDI Support Staff Assignments and Transfers
GDL Support Staff Development Opportunities

GDN Evaluation of Support Staff
GDPB Resignation of Support Staff Members
GDPC Retirement of Support Staff Members
GDPD Suspension and Dismissal of Support Staff Members


FILE: GBB
Critical

STAFF INVOLVEMENT IN DECISION MAKING
The Board of Education encourages employees to contribute their ideas for the betterment of the school district. Members of both professional and support staff may be asked to assist in developing policies, rules and regulations and establishing the district goals and objectives, budget, and curriculum. The superintendent is authorized to establish any committees viewed as appropriate to recommend policies, rules and regulations for the proper functioning of the district. Staff members should be advised, however, that the final decision on matters on which their advice is requested or received will rest with the Board or with the administrator(s) to whom the Board has delegated responsibility. 

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. 
* * * * * * *
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

Cross Refs: BF, School Board Policy Process
BGB, Board-Staff Communications
DBD, Budget Planning
GCQD, Professional Organizations
IF, Curriculum Development

Legal Refs: Education Consolidation and Improvement Act (ECIA), as a part of P.L. 97-35,
The Omnibus Budget Reconciliation Act of 1981

Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBB-C.1A

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FILE: GBBDA
Critical

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:

  1. Have been employed in the district for at least 12 months (but not necessarily consecutively).
  2. Have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the leave.
  3. Be employed at a worksite where 50 or more employees are employed by the district within 75 miles of that worksite.

An absence may qualify for FMLA protection if it is for one (1) of the following reasons:

  1. Birth and first-year care of the employee's child
  2. Adoption or foster placement of a child with the employee
  3. Serious health condition of the employee that makes the employee unable to perform one (1) or more of the essential functions of his or her job or the serious health condition of the employee's spouse, child or parent.
  4. Care of a spouse, child, parent or next of kin who is a covered servicememeber with a serious illness or injury (military caregiver leave)
  5. A qualifying exigency arising out of the fact that the spouse, child or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the armed forces.

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.

  1. All eligible employees are entitled to leave for a period not to exceed 12 workweeks per leave year for:
  • The birth and first-year care of the employee's child
  • The adoption or foster placement of a child with the employee
  • A serious health condition of the employee that makes the employee unable to perform one (1) or more of the essential functions of his or her job or the serious health condition of the employee's spouse, child or parent
  • A qualifying exigency arising out of the fact that the spouse, child or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the armed forces. The amount of leave available for a particular type of qualifying exigency may be limited by law.

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.

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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
Revised:  07/5/2010
Cross Refs: DLB, Salary Deductions
 Legal Refs: Family and Medical Leave Act of 1993, 29 U.S.C."2611-2619
10 U.S.C.'101 (a) (13)
29 C.F.R " 825.100 - 825.702
Chillicothe R-II School District, Chillicothe, Missouri

© 2008, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBCA-C.2D (1/99)

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FILE: GBCA
Critical

STAFF CONFLICT OF INTEREST
(Districts including no portion of a first-class county)
Employees of the Board will not engage in any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as members of the Chillicothe R-II School District staff and may be disciplined or terminated for doing so.  For the purposes of this policy, a "business with which a person is associated" means:

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.
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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: 01/18/2000; 12/20/2005; 07/5/2010
Cross Refs: BBFA, Board Member Conflict of Interest and Financial Disclosure
DN, Surplus School Property
KG, Community Use of School Facilities
Legal Refs: §§ 105.450 - .458, .462, .466 - .467, .472, 168.126, 171.181, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBCA-C.2D (1/99)

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FILE: GBCB
Critical

STAFF CONDUCT
The Board of Education expects that each professional and support staff member shall put forth every effort to promote a quality instructional program in the school district. In building a quality program, employees must meet certain expectations which include, but are not limited to, the following:

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.
2. Maintain courteous and professional relationships with pupils, parents/guardians, other employees of the district and all patrons of the district.
3. Keep current on developments affecting the employee's area of expertise or position.
4. Transact all official business with the appropriate designated authority in the district in a timely manner.
5. Transmit constructive criticism of other staff members or of any department of the school district to the particular school administrator who has the administrative responsibility for improving the situation.
6. Care for, properly use and protect school property.
7. Attend all required staff meetings called by district administration, unless excused.
8. Keep all student records, medical information and other sensitive information confidential as directed by law, Board policy, district procedures and the employee's supervisor.
9. Immediately report all dangerous building conditions or situations to the building supervisor and take action to rectify the situation and protect the safety of students and others if necessary.
10. Properly supervise all students.  The Board expects all students to be under assigned adult supervision at all times during school and during any school activity.  Except in an emergency, no employee will leave an assigned group unsupervised.
11. Obey all safety rules, including rules protecting the safety and welfare of students.
12. Submit al required reports or paperwork at the time requested.  Employees will not falsify records maintained by the school district.
13. Refrain from using profanity.
14. Dress professionally and in a manner that will not interfere with the educational environment.
15. Come to work and leave work at the time specified by the employee handbook or by the employee's supervisor.  Employees who are late to work, stop working before the scheduled time or work beyond the scheduled time without permission may be subject to discipline, including termination.
16. School employees, other than commissioned law enforcement officers, shall not strip search students, as defined in state law, except in situations where an employee reasonably believes that the student possesses a weapon, explosive or substance that poses an imminent threat of physical harm to the student or others and a commissioned law enforcement officer is not immediately available.
17. State law prohibits teachers from participating in the management of a campaign for the election or defeat of a member of the Board of Education that employs such teacher.
18.  Employees will not use district funds or resources to advocate, support or oppose any ballot measure or candidate for public office.
19.  Employees will not use any time during the working day for campaigning purposes, unless allowed 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 forms for related information.
Adopted: 06/17/2003
Revised:  07/5/2010
Cross Refs: AC, Nondiscrimination and Anti-Harassment
DCB, Political Campaigns
JFG, Interrogations, Interviews and Searches
JO, Student Records
KI, Public Solicitations/Advertising in District Facilities
Legal Refs: §§ 115.646, 167.166, 168.114, .130, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBCB-C.1A (8/01)

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FILE: GBCC
Critical

STAFF CELL PHONE USE
The Chillicothe R-II School District encourages district employees to use technology, including cell phones, to improve efficiency and safety.  The district expects all employees to use such devices in a responsible manner that does not interfere with the employee's job duties.  Employees who violate district policy and procedures regarding cell phone use may be disciplined, up to and including termination, and may be prohibited from possessing or using a cell phone while at work.  Cell phones may not be used in any manner that would violate the district's policy on student-staff relations.

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
EHB, Technology Usage

Legal Refs: U.S. Const. amend. IV
47 C.F.R. ' ' 54.500, .513, .522

Chillicothe R-II School District, Chillicothe, Missouri


FILE: GBE
Critical

STAFF HEALTH AND SAFETY
The health and safety of all school staff personnel is of vital importance to the school district. The Board will seek to provide safe working conditions for all staff members, and will give prompt consideration to those conditions which may present a threat to the health and safety of staff members. The district will respond to employee requests for reasonable accommodations when an employee has a disability as defined by Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA).  All employees will receive annual training on universal precautions and the district's communicable disease policy.

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.
* * * * * * *
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:  04/18/2006; 07/5/2010
Cross Refs: EBAB, Hazardous Materials
EBB, Communicable Diseases
Legal Refs: §§ 162.064, 302.272, RSMo.
The Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBE-C.1F (5/97)

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FILE: GBEA
Critical

WORKERS' COMPENSATION
Pursuant to state law, an employee of the Chillicothe R-II School District who is injured, killed or who is exposed to and contracts any occupational disease arising out of and in the course of employment is eligible for compensation in accordance with this policy and the Missouri Workers' Compensation Law.

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
EEA, Student Transportation Services

Legal Refs:  Chapter 287, RSMo.

Chillicothe R-II School District, Chillicothe, Missouri


FILE: GBEBA
Critical

DRUG-FREE WORKPLACE
Student and employee safety is of paramount concern to the Board of Education.  In recognition of the threat to safety posed by employee use or possession of drugs or alcohol, the Board of Education commits itself to a continuing good-faith effort to maintain a drug-free workplace. The Board of Education shall not tolerate the manufacture, use, possession, sale, distribution or being under the influence of controlled substances, alcoholic beverages or unauthorized prescription medications by district employees on any district property; on any approved-approved vehicle used to transport students to and from school or school activities; off school property at any district sponsored or district-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or is otherwise engaged in school district business.

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.
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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:  12/20/2005; 07/5/2010
Cross Refs: EBBA, Accident Response and Prevention
JFCH, Student Alcohol/Drug Abuse
Legal Refs: §287.120, RSMo.
Controlled Substances Act, 21 U.S.C. § 812(c)
21 C.F.R. 1300.11-1308.15
Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 - 707
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBEBA-C.1E (8/97)

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FILE: GBEBB
Critical

EMPLOYEE ALCOHOL AND DRUG TESTING
(District Provides Transportation Services)

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.
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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: 01/18/2000; 12/20/2005; 07/6/2010
Cross Refs: AC, Nondiscrimination and Anti-Harassment
EEA, Student Transportation Services
Legal Refs: § 287.120, RSMo.
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. § 31306
Controlled Substances Act, 21 U.S.C. § 802(6)
49 C.F.R. Parts 40, 382, and 383

Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBEBB-C.2F (1/99)

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FILE: GBEBC
Critical

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.
Adopted: 12/20/2005
Revised: 01/16/2007, 04/20/2010
Cross Refs: IICC, School Volunteer
Legal Refs: §§ "43.540, 168.133, 576.050, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2006, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBEC-C.1G (4/98)

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FILE: GBH
Critical

STAFF/STUDENT RELATIONS

Definitions

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:

  1. Being alone with a student in a room with a closed or locked door or with the lights off on district property, in district transportation or any time the employee is serving in his or her capacity as an employee.
  2. Caressing, fondling or kissing students
  3. Dating a student or discussing or planning a future romantic or sexual relationship with a student.
  4. Making advances toward a student or engaging in a sexual relationship with a student.
  5. Meeting students in non-work setting without the parent/guardian being present, even if the parent/guardian grants permission.
  6. Associating with students in any setting that involves the use of alcohol, tobacco or drugs.
  7. Discussing sexual topics with students verbally or by any form of written, pictorial or electronic communication
  8. Discussing the staff member's personal problems with students
  9. Sponsoring parties for students outside of school unless as part of an extracurricular activity that is appropriately supervised by additional staff members.
  10. Telling sexual jokes or engaging in conversation that includes sexual innuendos verbally or by any form of written, pictorial or electronic communication.
  11. Being present when students are fully or partially nude.
  12. Sending students on personal errands
  13. Allowing the student to drive the staff member's vehicle.
  14. Providing students with private cell phone numbers of e-mail addresses without the prior approval of a supervisor.
  15. Allowing any student to engage in behavior that would not be tolerated if done by other students.
  16. Giving gifts to individual students.
  17. Frequently pulling a student from another class or activity to be with the staff member.

Additionally, staff members may not:

  1. Knowingly allow students access to the staff member's personal social networking website or webpage that discusses or portrays sex, nudity, alcohol or drug use or other behaviors associated with the staff member's private life that would be inappropriate to discuss with a student at school.
  2. Knowingly grant students access to any portion of the member's personal social networking website or webpage that is not accessible to the general public.
  3. Post information about identifiable students on a personal website or a webpage on a social networking site without the permission of a supervisor.

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.


* * * * * * *
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: 06/17/2003
Revised: 11/16/2004, 04/20/2010
Cross Refs: AC, Prohibition Against Illegal Discrimination and Harassment
JG, Student Discipline
JHG, Reporting and Investigating Child Abuse/Neglect
Legal Refs: §§ 168.114, 210.115, RSMo.
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Ross v. Robb, 662 S.W.2d 257 (Mo.banc 1983)
Title IX of the Education Amendments of 1972, 20 U.S.C. §1681
Chillicothe R-II School District, Chillicothe, Missouri

© 2004, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBH-C.1B (7/04)

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FILE: GBL
Critical

PERSONNEL RECORDS
It is the intent of the Board of Education to maintain complete and current personnel files, including all information necessary to comply with the Fair Labor Standards Act, for all district employees. 

The 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.
* * * * * * *
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: 06/17/2003

Cross Refs:  GBE, Staff Health and Safety
GCD, Professional Staff Hiring
GCN, Evaluation of Professional Staff
GDC, Support Staff Recruiting/Posting of Vacancies/Hiring

Legal Refs: §§ 168.128, 610.021(13), RSMo.
Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
29 C.F.R. § 1630.14
Fair Labor Standards Act, U.S.C. §§ 201, et seq.
29 C.F.R. Part 516
Immigration Reform and Control Act, 8 U.S.C. §§ 1324, et seq.
No Child Left Behind Act of 2001, P.L. 107-110
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528(1985)

Chillicothe R-II School District, Chillicothe, Missouri

© 2002, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBL-C.1E (7/02)

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FILE: GBM
Critical

STAFF COMPLAINTS AND GRIEVANCES
It is the intent of the Board of Education to address staff complaints and grievances at the earliest possible time and at the lowest level of supervision. Therefore the Board directs the superintendent or designee to create a procedure detailing how employees may bring complaints and receive responses to their complaints. 

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
Complaint and/or Grievance -- An employee's assertion that he or she is adversely affected by a violation, misinterpretation or misapplication of a published district policy, procedure or regulation, or of an employee handbook, employee contract or existing law. Complaints relating to discrimination or harassment will be resolved in accordance with policy AC.

II. Exclusions
This regulation shall not apply to complaints for which state law establishes a procedure for obtaining a Board hearing. In addition, complaints about non-renewal of a probationary teacher's contract, or about any other official Board action, shall be directed to the Board; and a hearing on the same, unless required by state law, shall be discretionary with the Board. Complaints concerning evaluations, except those which lead to a loss of pay, will be excluded.
* * * * * * *
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: 06/17/2003
Cross Refs: KL, Public Complaints
Chillicothe R-II School District, Chillicothe, Missouri

© 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GBM-C.1F (8/01)

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FILE: GCA
Basic

PROFESSIONAL STAFF POSITIONS
The Board of Education may, upon the recommendation of the superintendent, elect and appoint certificated professional staff positions, assistant principals, principals, directors and other supervisory personnel as may be required for proper classification and accreditation of the schools, and to accomplish the district's goals and objectives. 

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.
* * * * * * *
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: 06/17/2003
Chillicothe R-II School District, Chillicothe, Missouri

© 2001, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCA-C.1C (8/01)

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FILE: GCBA
Critical

PROFESSIONAL STAFF SALARY SCHEDULES
Instructional Staff
An adequate salary schedule is necessary to secure new teachers who are personally competent and professionally well prepared, to encourage the professional growth of teachers while in service, and to retain the most competent teachers while in the school system. The Board of Education shall annually adopt a salary schedule having the following essential features:

  • A salary for those beginning in the system, which will be at or above the minimum salary established by state statute.
  • Annual increments shall be added for each school year of successful experience up to the limits provided by the schedule.

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
The Board will annually determine the salaries for the administrative staff.
* * * * * * *
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
Legal Refs: §§ 163.172, 168.110 (2), RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCBA-C.1B (5/97)

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FILE: GCBA-R
Critical

PROFESSIONAL STAFF SALARY SCHEDULES
The following operational plan shall serve as implementing guidelines for the professional staff  salary schedule adopted by the Board of Education:

1. The professional staff will be employed by the Board based on the recommendation of the superintendent.
2. Maintenance of the salary schedule is dependent on the local levy approvals and continued state financial support.
3. The minimum contract period for all full-time certificated personnel will be determined annually by the school district.
4. Experienced teachers who are new to the school district may receive full credit for previous experience. No one can advance more than one (1) step vertically and one (1) column horizontally per year. The salary a teacher will receive will be determined at the time the teacher contracts with the district, or by June 1 for tenured teachers. A teacher cannot progress on the salary schedule after entering into a contract for a school year, unless authorized in the contract.
5. In order to advance on the salary schedule for completion of additional college graduate hours, professional staff must receive approval by the administration prior to enrolling in the course.
6. Each teacher will be assigned one or more activities to sponsor without an increase in salary.
7. The Board of Education may recognize certification and teaching in high need areas on the salary schedule when it deems it necessary to secure or retain qualified personnel in any area where there is a shortage of qualified staff.
8. Teachers with extended contracts will be paid an additional amount for each month of extended employment. The additional amount will be established and approved by the Board.
9. The professional salary schedule does not apply to extra-duty contracts.
* * * * * * *
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: 06/17/2003
Legal Refs: §§ 163.172, 168.110 (2), RSMo.
Mo. Const. Art. III, § 38(a), 39(3)
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2001 Missouri School Boards’ Association
For Office Use Only: GCBA-R.CHL (8/01)

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FILE: GCBC
Critical

PROFESSIONAL STAFF FRINGE BENEFITS
The Board recognizes that fringe benefits are an integral part of the total compensation plan for full-time professional staff members.  Full-time for professional 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 professional staff hired prior to June 18, 2002, shall be exempt from this requirement.

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.
Internal Revenue Code, 26 U.S.C. § 125
Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C.§§ 1161-1168

Chillicothe R-II School District, Chillicothe, Missouri


 FILE: GCBDA
Critical

PROFESSIONAL STAFF SHORT-TERM LEAVES AND ABSENCES

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.

The following leaves with pay will be provided to full-time professional staff employees.  Part-time professional staff employees will receive these leaves on a pro rata basis:

1. Sick Leave -- Professional staff employees whose assignments call for 12 months of fulltime employment will be entitled to ten (10) days of sick leave. Professional staff employees whose assignments call for full-time employment only during the regular school term will be entitled to ten (10) days of sick leave. Unused sick leave will be cumulative to 110 sick leave days. An absence of over one (1) through four (4) hours shall be counted as a half-day of sick leave. 

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
This section creates no rights extending beyond the contracted period of employment.  FMLA certification and recertification procedures apply to FMLA-eligible employees.  An employee must notify the district of the need for and anticipated duration of the leave at least 30 days before leave is to begin, if foreseeable.  If 30 days' notice is not practical, the employee must give as much notice as possible.  A pregnant employee shall continue in the performance of her duties as long as she is able to do so and as long as her ability to perform her duties is not impaired, based on medical opinion.

 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.


* * * * * * *
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: 06/17/2003; 03/15/2005; 04/15/2008; 03/17/2009; 07/6/2010
Cross Refs: DLB, Salary Deductions
HA, Negotiations with Employee Representative
HPA, Employee Walkouts, Strikes and Other Disruptions

Legal Refs: §§ 105.207 - .271, 115.639, 168.122, 169.595, 320.020, .330 - .339, 494.460, 595.036, .209, RSMo.
Fair Labor Standards Act, 29 U.S.C. §§ 201-219
Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2611-2619
Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
29 C.F.R. § 1604.10
Willis v. School Dist. of Kansas City, 606 S.W. 2d 189 (Mo. Ct. App. 1980)
Stewart v. Board of Educ. of Ritenour, 574 S.W. 2d 471 (Mo. Ct. App. 1978)
Aubuchon v. Gasconade Country R-I Sch. Dist., 541 S.W. 2d 322 (Mo. Ct. App. 1976)

Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2003 Missouri School Boards’ Association
For Office Use Only: GCBDA-C.CHL (2/03)

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FILE: GCBDAA
Basic

PROFESSIONAL STAFF SICK LEAVE POOL
Purpose
The sick leave pool is a voluntary group regulated by the Chillicothe R-II Sick Leave Pool Committee which seeks to partially meet the needs of its members in times of serious illness or accident necessitating extended absence from work during the contracted employment period after leave is used up. It is not designed for brief absences, death or business. 

Membership
Membership is limited to certified personnel who voluntarily contribute to the pool and maintain membership by observing the requisite conditions. 

Enrollment and Contributions
To be part of the pool, each certified employee of the school district who has sick leave benefits will contribute one (1) day of annual sick leave. One (1) day may be contributed by each employee during each subsequent year, except when the sick leave pool committee determines a sufficient number of days have accumulated in the pool for a year's operation. An employee may waive the first year but must join the second year and donate a total of three (3) days to the pool if the first year is waived. 

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
A member may be eligible to draw from the pool after using all accumulated sick leave and after being off work three (3) consecutive school days without pay. The member shall submit an application to the committee requesting withdrawal of days from the pool. 

Requirements
The following requirements will be instituted for each application, regardless of whether or not the employee had previously drawn on the sick leave pool during the school year:

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 shall consist of one (1) faculty member from each attendance center (Grand River Technical School, Chillicothe High School, Chillicothe Middle School, Central Accelerated School, Field Elementary, Dewey Elementary and Garrison Elementary) and one (1) administrator. These elected members shall serve for two-year terms. The initial committee will draw for one- or two-year terms with subsequent members elected yearly at the appropriate building. The administrator shall serve as committee chairperson. 

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 
When a member needs to draw from the sick leave pool, the member will need to submit an application to the Sick Leave Pool Committee requesting withdrawal of days from the pool. All applications must be in writing and shall be screened by the committee for approval or rejection. In addition, the member may be required to submit a letter from a physician stating the nature of the illness and that the applicant is unable to work due to said illness. The committee may ask the member to get a second opinion at the member's expense.

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:
Level 1 (1-5 Years Experience): 15 days
Level 2 (6-10 Years Experience): 30 days
Level 3 (11-15 Years Experience): 60 days
Level 4 (15+ Years Experience): 90 days 

Appeal Process
In the event the committee denies a request, the member may appeal the decision of the committee by requesting a personal meeting with the committee to discuss the request. If this request is still denied, the member may request a meeting with the superintendent and the Board of Education at the next regular Board meeting to discuss the request. The decision of the Board of Education shall be final. 

Amendments
Changes in regulations governing operation of the sick leave pool shall be approved by a majority of the members and shall be subject to approval by the Board of Education. Members of the pool may recommend amendments to the sick leave pool policy. 

Dissolution of Sick Leave Pool
In the event the sick leave pool is terminated, the remaining days in the pool shall be distributed on a prorated basis by amount of individual contribution to all current members of the sick leave pool at that time. The dissolution of the sick leave pool can be initiated by either a majority of the current members of the pool or the Chillicothe R-II Board of Education.
* * * * * * *
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: 12/15/1998
Revised: 06/17/2003
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCBDAA-S.CHL

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FILE: GCBDB
Critical

PROFESSIONAL STAFF LONG-TERM LEAVES AND ABSENCES
The Board of Education recognizes that the personal welfare and the professional growth of its employees may require occasional extended absences from duty. Therefore, the Board may grant the following long-term leaves of absence under specified conditions. 

Sabbatical Leaves of Absence
The Board of Education may grant sabbatical leaves of absence to certificated employees for further professional study at the graduate level under the following conditions:

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
The Board of Education may grant a one-year general leave of absence for reasons other than the continuation of professional study -- for example, illness, childrearing, adoption, military or other personal reasons. If applicable, the provisions of the Family and Medical Leave Act (FMLA) will be followed as required by law. 

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
The Board of Education may grant an extended maternity leave of absence for the purpose of child rearing. This leave is subject to the following conditions.

  • The leave of absence shall be based upon application by the employee. The application must be made at least eight (8) weeks prior to the anticipated birth date of the child. The leave request may be for the remainder of the school year in which the child is born plus the following school year. A child born or adopted between school terms shall be considered born or adopted during the previous school year. An employee requesting leave under this policy may not return in mid-year. In cases involving adoption of a child, the eight-week notice requirement can be waived.
  • An employee must have been employed by the school district for three (3) full years prior to requesting such 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.

  • Upon the staff member’s return to the school system, the employee will be reinstated in a position for which they are certified. For a noncertificated position, the employee will be reinstated in a position that carries an equal number of hours and a like salary to the position they were employed prior to the leave.
  • Employees will retain all unused sick leave but will not be credited with additional leave during their absence. Employees may elect to continue to participate in the district insurance program at their own expense. The premium rate will be that rate established by the third party administrator for those who qualify under the provisions of COBRA legislation.
  • Employees must notify the superintendent in writing of the intent to return prior to March 1 of their full year of leave under this policy. Failure to notify the superintendent by that date will constitute resignation from their position.

* * * * * * *
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: 06/17/2003
Cross Refs:  GCBC, Professional Staff Fringe Benefits
GCBDA, Professional Staff Short-Term Leaves and Absences
Legal Refs: §§ 105.270,.271, 168.122, 169.595, RSMo.
16 C.S.R. 10-4.014
Uniformed Services Employment and Re-employment Rights Act of 1994
(USERRA), 38 U.S.C. §§ 4301 - 4333
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2002 Missouri School Boards’ Association
For Office Use Only: GCBDB-C.CHL (7/02)

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FILE: GCD
Critical

PROFESSIONAL STAFF RECRUITING AND HIRING
Because an effective educational program requires quality staff members, the Board and the administration of the Chillicothe R-II School District will make every effort possible to attract and retain the best-qualified personnel. The Board of Education will employ personnel in accordance with law. 

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 
Efforts will be made to recruit the best-qualified candidate for the position. New or vacant positions will be posted for at least five (5) business days in the district's buildings and publicized externally by other means as determined appropriate by the superintendent or designee. However, if the superintendent or designee determines that it would be detrimental to wait five (5) business days or that a longer period is necessary, the position will be advertised for as many days as is appropriate. Further, if the same or similar position was recently advertised, the superintendent or designee may utilize applications previously received without re-advertising the position. A position is not considered vacant if the Board, superintendent or designee assigns an existing employee to the position. 

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
A position other than the superintendent's position will be filled by the Board of Education only after receiving the recommendation of the superintendent or designee. It is the policy of the Board of Education to employ highly qualified teachers with the appropriate teaching certificates. In making recommendations, the superintendent or designee shall give first consideration to applicants who, in addition to proper general education qualifications, have special training and other qualifications for the particular type of vacancy to be filled. If a candidate is not acceptable to the Board, the superintendent or designee should recommend another candidate. 

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:

  • Made a good-faith effort to fill positions with candidates who have not retired.
  • Not offered early retirement incentives for either of the previous two (2) years.
  • Posted the vacancy for at least one (1) month and solicited applications through local newspapers, other media or teacher education programs.
  • Determined that there is an insufficient number of eligible applicants.
  • Declared a critical shortage of certificated teachers that is active for one (1) year.

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
Unless the terms of the contract state otherwise, newly hired employees who receive a written contract must return the contract within 15 calendar days of the receipt of the contract, or the offer of employment will be deemed rejected.

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.

* * * * * * *
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: 01/18/2000; 07/20/2004; 03/15/2005; 12/20/2005; 03/17/2009; 07/9/2010

Cross Refs: AC, Prohibition Against Illegal Discrimination and Harassment
BBFA, Board Member Conflict of Interest and Financial Disclosure
DD, Grants

MSIP Refs:  5.1, 8.4

Legal Refs: §§ 162.261, .301, 168.101 - .133, 169.331, .596, 213.010, .055, .070, 285.530,  290.400,.410, RSMo.
Immigration Reform and Control Act of 1986, § 8 U.S.C. 1324a
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681
Equal Pay Act, 29 U.S.C. § 206(d)
Age Discrimination in Employment Act, 29 U.S.C. §§ 621 - 634
Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794
Family and Medical Leave Act, 29 U.S.C. § 2615
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d - 2000d-7
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e -2000e-17
Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 - 6107
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
Chillicothe R-II School District, Chillicothe, Missouri

© 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCD-C.1D (12/03)

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FILE: GCE
Critical

PART-TIME AND SUBSTITUTE PROFESSIONAL STAFF EMPLOYMENT
Part-Time Teachers
Part-time teachers shall meet the qualifications required of full-time teachers in the district, as well as the requirements for teachers under state law and/or state regulations. Part-time teachers must satisfactorily complete the same background checks and screenings required of full-time teachers by the district. 

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
The district may employ classroom teachers through a job-sharing arrangement. Classroom teachers in a job-sharing position shall receive paid legal holidays and paid leave applicable to all classroom teachers on a pro-rata basis. 

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
Any person retired and currently receiving a retirement allowance other than for disability under the Missouri Public School Retirement System 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, 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
All substitute teachers must be certified by the Department of Elementary and Secondary Education (DESE) through an application submitted by the school district seeking to employ the person as a substitute. All applications to serve as a substitute teacher for the district and applications for a Substitute Certificate of License to Teach from DESE must be processed through the superintendent’s office. The superintendent will present a current list of substitute teachers to the Board for approval at each regular meeting. Substitute teachers must satisfactorily complete the same background checks and screenings required of full-time teachers by the district.
* * * * * * *
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: 06/17/2003; 07/20/2004; 01/16/2007
Legal Refs: §§ 162.301, 168.101 - .130, .303, 169.560, RSMo.
5 C.S.R. 80-800.290
Chillicothe R-II School District, Chillicothe, Missouri

© 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCE-C.1F (12/03)

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FILE: GCG
Critical

PROFESSIONAL STAFF PROBATION AND TENURE
The superintendent shall recommend employment for the professional staff, maintain personnel records, administer leaves, evaluate performance, keep the Board apprised of the performance of district employees and take action when necessary to discipline or terminate employees.  If a question exists as to when a teacher will earn tenure or whether an employee is tenured, the superintendent or designee is authorized to contact the district's attorney for advice.

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:

  • Teachers who have been employed as a teacher in the district for five (5) successive years and who continue to be employed by the school district.
  • Teachers who have been employed in any other school system as a teacher for two (2) or more years, who have been employed as a teacher in the district for four (4) successive years and who continue to be employed by the school district.
  • Teachers who were tenured in the district, resigned or were permanently separated from employment by the district, and were re-employed by the district.  Once re-employed, the first school year is probationary.  However, if the employee is employed for the succeeding year, the employment constitutes a permanent (tenured) contract.
  • Any permanent or tenured teacher who is promoted with his or her consent to a supervisory position, including a principal or assistant principal, or who is first employed by a district as a principal or assistant principal, shall not have permanent status in such position, but shall retain tenure in the position previously held within the district, or, after serving two (2) years as principal or assistant principal, shall have tenure as a permanent or tenured teacher of that system.
  • Any teacher employed under a part-time contract by the district shall accrue credit toward permanent or tenured status as described above on a prorated basis.

Probationary Teacher -- Any teacher as herein defined who has been classified as a "permanent" or "tenured" teacher 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:  03/15/2005; 12/20/2005; 07/9/2010
Legal Refs: §§ 168.101 -.130, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCG-C.1B (9/91)

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FILE: GCI
Basic

PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS
The district recognizes that assigning qualified staff members to positions throughout the district is essential to providing an excellent educational program for all students.  Every effort will be made to assign district staff to areas of the greatest need for the benefit of the students.  The district will accept requests for transfer from employees, but will only honor those requests when it is in the best interest of the district and the educational program to do so.

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
Critical

PROFESSIONAL STAFF EXTRA DUTY
Professional staff members will be expected to assume reasonable duties over and above their regular teaching responsibilities. Activities and services that make minor demands on the teacher's time shall be part of each teacher's basic assignment. Teachers shall take turns selling tickets to extracurricular events, and shall supervise students at those activities, when assigned by the principal. Schedules of supervision, sponsorships and activities will be assembled by the building principals. Administrators will strive to equalize those duties among teachers. 

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.
* * * * * * *
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
Cross Refs:  GCBA, Professional Staff Salary Schedules
Legal Refs: Fair Labor Standards Act
Garcia v. San Antonio Metropolitan Transit Authority, Nos. 82-1913, 82-1915,
15LW4135
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCKA-C.1B (5/97)

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FILE: GCL
Critical

PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES

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

The Chillicothe R-II School District shall reimburse professional staff members for college work at the rate of $100 per course hour, for tuition and required textbooks. The maximum payment allowed will be for five (5) hours in a five-year period.
* * * * * * *
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: 06/17/2003; 04/15/2008; 07/10/2010
MSIP Refs:  6.1.2, 6.2.2, 6.4.3, 6.7
Legal Refs: §§ 160.530, 163.021.4, 168.400, RSMo.
5 C.S.R. 80-850.045
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2002 Missouri School Boards’ Association
For Office Use Only: GCL-C.CHL (7/02)

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FILE: GCLB
Critical

PROFESSIONAL STAFF CAREER LADDER PROGRAM
The Chillicothe R-II School District will participate in a voluntary Career Ladder Program for its professional staff. Information concerning the Career Ladder plan is available upon request in the district's central office. 

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.
* * * * * * *
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: 06/18/2002
Cross Refs:  GCL, Professional Staff Development Opportunities
Legal Refs: §§ 168.500 - .515, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2000 Missouri School Boards’ Association
For Office Use Only: GCLB-C.CHL (9/91)

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FILE: GCN
Critical

EVALUATION OF PROFESSIONAL STAFF
The Board requires a program of comprehensive, performance-based evaluations for each professional staff member it employs in order to ensure high-quality staff performance that improves student achievement and enhances the instructional programs of the district. The evaluation shall be ongoing and of sufficient specificity and frequency to provide for demonstrated standards of competency and academic ability. 

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.


* * * * * * *
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
MSIP Refs: 6.5.2
Legal Refs: §§ 161.380, 168.128, .410, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCN-C.1D (9/91)

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FILE: GCPA
Critical

REDUCTION IN PROFESSIONAL STAFF WORK FORCE
(Instructional Personnel)
The Board of Education may place as many teachers on unrequested leave of absence as may be necessary due to a decrease in student enrollment, school district reorganization or the financial condition of the school district. The Board of Education shall be the sole judge that one or more of the above conditions exist. 

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.

* * * * * * *
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: 06/17/2003
Legal Refs: § 168.124, RSMo,
Mo. Atty. Gen. Op., 101 - 83
Fast v. School District of Ladue, et. al., 728 F.2d 1030 (8th Cir. 1984)
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCPA-C.1G (3/00)

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FILE: GCPB
Critical

RESIGNATION OF PROFESSIONAL STAFF MEMBERS
The district encourages teachers to notify the superintendent as soon as the teacher decides not to return or not to accept another contract with the district. Resignations become effective at the end of the school year in which they are submitted unless the district is notified otherwise. 

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.

* * * * * * *
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: 04/20/2004; 11/14/2006; 07/10/2010
Legal Refs: §§ 168.101 - .130, RSMo.
Chillicothe R-II School District, Chillicothe, Missouri

© 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GCPB-C.1E (2/03)

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FILE: GCPC
Critical

RETIREMENT OF PROFESSIONAL STAFF MEMBERS
Professional staff members shall be participants in the Public School Retirement System (PSRS) of the State of Missouri or in the Public Education Employee Retirement System (PEERS) as allowed by law. A retired employee, as well as his or her dependents, surviving spouse and children, shall be allowed to remain or become members in non-insurance health benefit programs, self-funded plans and insured plans by qualifying for the coverage in the manner prescribed by law under the provisions of such plan and paying the premiums of said plans. 

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:
Accumulated Sick       Payment Maximum                  Total Payment
Leave Days
1 - 10                      $5/day for days 1-10                            $ 50
11-20                     $ 50 + $10/day for days 11-20             150
21-30                     $ 150 + $15/day for days 21-30           300
31-40                     $300 + $20/day for days 31-40            500
41-50                     $500 + $25/day for days 41-50            750
51-60                     $750 + $30/day for days 51-60          1,050
61-70                  $1,050 + $35/day for days 61-70          1,400
71-80                  $1,400 + $40/day for days 71-80          1,800
81-90                  $1,800 + $45/day for days 81-90           2,250
91-110                $2,250 + $45/day for days 91-110        3,150

Thus, an employee who has accumulated the maximum of 110 days unused sick leave will receive a total of $3,150 for such leave at retirement, an employee who has accumulated 50 days will receive $750, an employee with 35 days will be paid $400, and so on.
* * * * * * *
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: 06/17/2003; 01/16/2007
Legal Refs: §§ 169.010 - .130, .270 - .400, .560 - .595, .600 - .712, RSMo.
Age Discrimination in Employment Act, as amended by the Older Workers Benefit
Protection Act, 29 U.S.C. 621 et seq.
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2000 Missouri School Boards’ Association
For Office Use Only: GCPC-C.CHL (3/00)

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FILE: GCPD
Critical

SUSPENSION OF PROFESSIONAL STAFF MEMBERS
The Board delegates to the superintendent the authority to suspend any staff member for violation of Board policies, for violation of state law, for any other good cause or to investigate allegations of misconduct in accordance with this policy and law.  Action shall be taken when, in the judgment of the superintendent, the best interests of the school will be served by immediate suspension.

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
JFG, Interrogations, Interviews and Searches

Legal Refs:  §§ 167.166, 168.071, .101 - .126, RSMo.

Chillicothe R-II School District, Chillicothe, Missouri


FILE: GCPE
Critical

TERMINATION OF PROFESSIONAL STAFF MEMBERS

Noncertificated Personnel

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
Critical

NONRENEWAL OF PROFESSIONAL STAFF MEMBERS

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
Basic

PROFESSIONAL ORGANIZATIONS
Active participation in professional organizations by the staff should encourage professional growth. Consequently, the Board encourages staff members to become involved in a professional organization of their choosing. 

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.
* * * * * * *
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
Chillicothe R-II School District, Chillicothe, Missouri

For Office Use Only: GCQD-S.CHL

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FILE: GDA
Basic

SUPPORT STAFF POSITIONS
The Board of Education recognizes the importance of having well-qualified personnel in support staff positions to assure an efficient and effective educational program. All support staff positions in the school system will be established by the Board, and recommendations for employment will be presented to the Board for approval by the superintendent. 

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.
* * * * * * *
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
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDA-C.1B (5/96)

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FILE: GDBB
Critical

NONEXEMPT EMPLOYEE SUPPLEMENTARY PAY PLANS
(District Uses Compensatory Time)

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.

*******
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:  03/15/2005; 07/11/2010
Legal Refs: Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. Garcia v. San Antonio
Metropolitan Transit Authority, 469 U.S. 528 (1985)
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDBB-C.1B (4/90)

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FILE: GDBC
Critical

SUPPORT STAFF FRINGE BENEFITS
The Board recognizes that fringe benefits are an integral part of the total compensation plan for support staff members.

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.
* * * * * * *
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: 06/17/2003; 01/16/2007; 04/15/2008; 07/11/2010
Cross Refs: DJC, Bidding Requirements
Legal Refs: §§ 67.150, .210, 169.590, 376.453, RSMo.
Internal Revenue Code, 26 U.S.C. § 125
29 U.S.C. § 1161-1168, Consolidated Omnibus Budget Reconciliation Act
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2001 Missouri School Boards’ Association
For Office Use Only: GDBC-C.CHL (8/01)

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FILE: GDBDA
Critical

SUPPORT STAFF LEAVES AND ABSENCES

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.

The following leaves with pay will be provided to full-time support staff employees.  Part-time support staff employees will receive these leaves on a pro rata basis:

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:

  • 12-month employees - ten (10) days per year accumulative to 110 days.
  • 9-month employees - seven (7) day per year accumulative to 70 days.

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
revision by the School Board.

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
This section creates no rights extending beyond the contracted period of employment.  FMLA certification and recertification procedures apply to FMLA-eligible employees.  An employee must notify the district of the need for and anticipated duration of the leave at least 30 days before leave is to begin, if foreseeable.  If 30 days' notice is not practical, the employee must give as much notice as possible.  A pregnant employee shall continue in the performance of her duties as long as she is able to do so and as long as her ability to perform her duties is not impaired, based on medical opinion.

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.
* * * * * * *
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: 06/17/2003; 03/15/2005; 04/15/2008; 03/17/2009; 07/13/2010

Cross Refs: DLB, Salary Deductions
HA, Negotiations with Employee Representative
HPA, Employee Walkouts, Strikes and Other Disruptions

Legal Refs: §§ 105.270 - .271, 115.639, 168.122, 169.595, 320.200, .330 - .339, 494.460, 595.036, .209, RSMo.
Fair Labor Standards Act, 29 U.S.C. §§ 201-219
Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2611-2619
Title VII of the Civil Rights Act of 1964 as Amended by the Pregnancy Discrimination
Act, 42 U.S.C. 2000 e(k)
29 C.F.R. 1604.10
Aubuchon v. Gasconade County R-1 School Dist., 541 S.W.2d 322 (Mo. Ct. App.
1976)
Stewart v. Bd. of Ed. of Ritenour, 574 S.W.2d 471 (Mo. Ct. App. 1978)
Willis v. School Dist. of Kansas City, 606 S.W.2d 189 (Mo. Ct. App. 1980)
Chillicothe R-II School District, Chillicothe, Missouri

Portions © 2003 Missouri School Boards’ Association
For Office Use Only: GDBDA-C.CHL (2/03)

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FILE: GDC
Critical

SUPPORT STAFF RECRUITING AND HIRING
To provide a positive educational environment for students, the district must employ quality staff members. It is the responsibility of the superintendent or designee to determine the support staff personnel needs of the school district and to locate suitable support staff candidates. The superintendent will make recommendations for employment of support staff members for the Board's approval. The Board will employ personnel in accordance with law. 

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

Efforts will be made to recruit the best-qualified candidate for the position. New or vacant positions will be posted for at least five (5) business days in the district's buildings and publicized externally by other means as determined appropriate by the superintendent or designee. However, if the superintendent or designee determines that it would be detrimental to wait five (5) business days or that a longer period is necessary, the position will be advertised for as many days as is appropriate. Further, if the same or similar position was recently advertised, the superintendent or designee may utilize applications previously received without re-advertising the position. A position is not considered vacant if the Board, superintendent or designee assigns an existing employee to the position.

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 position will be filled by the Board of Education only after receiving the recommendation of the superintendent or designee. All candidates will be selected on the basis of qualifications, training, experience and ability to fulfill the requirements of the position. Any applicant found to have presented false credentials or any document referencing false credentials will immediately be removed from consideration.

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:

  • Made a good-faith effort to fill positions with candidates who have not retired.
  • Not offered early retirement incentives for either of the previous two (2) years.
  • Posted the vacancy for at least one (1) month and solicited applications through local newspapers or other media.
  • Determined that there is an insufficient number of eligible applicants.
  • Declared a critical shortage of noncertificated employees that is active for one (1) year.

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.
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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: 01/18/2000; 07/20/2004, 04/20/2010
Cross Refs: AC, Prohibition Against Illegal Discrimination and Harassment
BBFA, Board Member Conflict of Interest and Financial Disclosure
DD, Grants
MSIP Refs: 8.4
Legal Refs: §§ 162.261, .301,168.133, 213.010, .055, .070, 285.530, 290.400-, .410, RSMo.
Immigration Reform and Control Act of 1986, § 8 U.S.C.' 1324a
Title IX of the Education Amendments of 1972, 20 U.S.C.' § 1681
Equal Pay Act, 29 U.S.C.' 206(d)
Age Discrimination in Employment Act, 29 U.S.C. §§ 621 - 634
Rehabilitation Act of 1973,  Section 504, 29 U.S.C. § 794
Family and Medical Leave Act, 29 U.S.C. § 2615
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d - 2000d-7
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17
Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 - 6107
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
Chillicothe R-II School District, Chillicothe, Missouri

© 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDC-C.1D (12/03)

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FILE: GDI
Basic

SUPPORT STAFF ASSIGNMENTS AND TRANSFERS
The district recognizes that assigning qualified staff members to positions throughout the district is essential to providing an excellent educational program for all students.  Every effort will be made to assign district staff to areas of the greatest need for the benefit of the students.  The district will accept requests for transfer from employees, but will only honor those requests when it is in the best interest of the district and the educational program to do so.

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
Basic

SUPPORT STAFF DEVELOPMENT OPPORTUNITIES

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
Basic

EVALUATION OF SUPPORT STAFF
The development of a strong, competent support staff and the maintenance of high morale among the staff are major objectives of the Board of Education. The selection of qualified employees to fill vacancies, the determination of assignments and equitable work loads, the establishment of wage and salary schedules which encourage employees to put forth their best efforts and the evaluation of employee achievements are some of the major responsibilities of the Board and administrative staff. A program of continuous evaluation is necessary in fulfilling these responsibilities. 

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:

  • Job knowledge
  • Quality of work
  • Quantity of work
  • Dependability
  • Cooperation
  • Other areas as appropriate for the specific job

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.
* * * * * * *
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
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDN-C.1B (5/95)

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FILE: GDPB
Basic

RESIGNATION OF SUPPORT STAFF MEMBERS

Employees Not Under Contract

Any support staff member who desires to resign must submit a written letter of resignation to his or her immediate supervisor. The letter should specify when the resignation is to be effective and should be submitted at least two (2) weeks prior to the effective date. A resignation is final upon submission and can not be withdrawn unless authorized by the supervisor to whom it was submitted. The resignation need not be approved by the Board. 

Employees Under Contract

The employee must submit a written letter of resignation to his or her immediate supervisor. If the contract contains a notice period, the resignation is final upon submission and effective at the end of the notice period. 

If the contract does not include a notice provision, the resignation is final upon submission and effective at the end of the contract period. Resignations for employees under contract require Board approval only if the employee wishes the resignation to be effective prior to the end of the contract period. The district may pursue all legal remedies available to address a breach of an employment contract. A resignation is final upon submission and cannot be withdrawn unless authorized by the supervisor to whom it was submitted.
* * * * * * *
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: 04/20/2004
Chillicothe R-II School District, Chillicothe, Missouri

© 2003, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDPB-C.2A (2/03)

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FILE: GDPC
Critical

RETIREMENT OF SUPPORT STAFF MEMBERS
Noncertificated support staff members are participants in the Public Education Employee Retirement System (PEERS) of the State of Missouri as allowed by law. A retired employee, as well as his or her dependents, surviving spouse and children, shall be allowed to remain or become members in non-insurance health benefit programs, self-funded plans and insured plans by qualifying for the coverage in the manner prescribed by law under the provisions of such plan and paying the premiums of said plans. 

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.
* * * * * * *
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: 06/17/2003; 01/16/2007
Legal Refs: §§ 169.590, .600 - .712, RSMo.
Age Discrimination in Employment Act, as amended by the Older Workers Benefit
Protection Act, 29 U.S.C. 621 - 634 et seq.
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDPC-C.1G (3/00)

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FILE: GDPD
Critical

NONRENEWAL, SUSPENSION AND TERMINATION OF SUPPORT STAFF MEMBERS

Employees without Contracts

The superintendent may terminate or suspend without pay support staff members who are not under contract. The superintendent shall report any such termination or suspension to the Board of Education. The superintendent's decision will stand approved unless reversed by the Board.

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.

Termination Pursuant to Contract Terms

If an employee's contract allows for termination for any reason at the end of a notice period and such notice is given, the employee's contract rights shall expire in accordance with the contract.  Notice of termination from the superintendent shall be deemed to be notice from the Board of Education and shall be effective for such purpose when given, unless later reversed by the Board. 


* * * * * * *
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: 08/18/1998
Revised: 03/15/2005; 07/13/2010
Cross Refs:  JFCF, Hazing and Bullying
JFG, Interrogations, Interviews and Searches
Legal Refs: §§ 167.166, RSMo.
U.S. Const., Amend. XIV
Chillicothe R-II School District, Chillicothe, Missouri

© 2000, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: GDPD-C.1E (10/94)

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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

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