Article 4 Personnel 4000 Introduction 4001 General Personnel Policies 4003 Election and Employment of School Personnel 4005 Selection of Superintendent 4007 Assignment 4010 Specific Policies 4011 Policy on Agents and Other Business Representatives 4012 Policy of Nondiscrimination 4014 Policy on Sexual Harassment 4016 Policy on Child Abuse 4017 Policy on Child Find 4018 Policy on School Equipment and Facilities 4019 Policy on Inclement Weather 4020 Employment Practices and Policy 4021 Head of Household 4021 Social Security Numbers 4021 Military and Family Military Leave 4022 Military and Family Military Leave (Revised 2008) 4022 DOL's Family Military Leave Poster 4023 Records and Reports 4025 Employment Outside of School District 4026 Personnel Files Access 4027 Employee Jury Duty 4030 Teachers 4031 School Day Hours 4032 Teacher’s Duties 4035 Duties and Responsibilities – Miscellaneous 4036 Teacher’s Meeting 4037 Substitutes 4042 Valid Certificates 4045 Extended Contracts 4046 Renewal of Contracts 4047 Provisions for Termination of Contract 4048 Resignation of Contract Personnel 4049 Formal Due Process Hearing 4050 Compensation 4052 Method of Payment 4055 Extra Pay 4056 Placement on Schedule 4057 Advancement on Salary Schedule 4058 Deviation from Salary Schedule 4060 Evaluation 4065 Teacher Evaluation 4069 Superintendent Evaluation 4070 Professional Negotiations 4080 Reduction in Force Article 4 Personnel PERSONNEL The Wynot Board of Education believes that an informed, capable, well trained, and student-oriented staff is of primary importance to the maintenance of a quality-learning environment. The board of education advocates and encourages an equitable and impartial employment procedure; the procedure involves a competitive interview process and will insure that the best personnel available will be employed. The school district will participate in staff development and evaluation practices that will maintain quality faculty and staff. The superintendent of schools, or designee, is responsible for administering and overseeing recruitment, hiring, assignment, evaluation, staff development, and termination procedure that will be in concert with established board of education policies. All new personnel assignments and reassignments will be reported by the superintendent of schools, or designee, to the board of education at the next regular month meeting of the board of education. Such actions shall be subject to a majority vote of the entire board of education. No board member shall vote on the hiring or reemployment of an individual employee who is related to said board member by blood or marriage. However, a board of education member may vote on the hiring or reemployment of a group of teachers notwithstanding the fact that one person within that group may be related by blood or marriage. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL General Personnel Policies 4001 The Wynot Board of Education believes that an informed and involved public will be more supportive of school purposes and programs. To that end, the superintendent of schools, or designee, is directed, through personal action and through the delegation of the authority of the office, to encourage patron attendance at all public meetings of the board of education, student events, and other school programs, utilizing in a timely manner the local media and school newsletters, Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Election and Employment of School Personnel 4003 All teachers and other school employees shall be employed by the Wynot Board of Education through official action taken at a regular, or special meeting of the board of education. The board shall consider the recommendations of the superintendent and the principal(s) in selecting teachers and other school personnel. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Selection of Superintendent 4005 When a vacancy occurs, or knowledge that such a vacancy will occur becomes known to the board, this fact may be known to the local and state news media, to state and area placement offices, and to the Nebraska State Department of Education. Each inquiry about the position should be answered promptly. Candidates shall be expected to submit a complete written application and a set of updated credentials. Candidates will be screened on the basis of the contents of their credentials, information on their written interviews whenever warranted; the superintendent will recommend qualified applicants to the board of education to consider for review and invite to meet with the board for a formal interview. The board will select the outstanding applicants for final review and interview; the board will determine the date, time, and procedure for selecting an appropriate candidate to replace the existing superintendent. The board of education will offer a contract to an appropriate candidate following the screening and interviewing upon a majority vote of the board. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Assignment to Duties and Responsibilities 4007 The superintendent, or designee, shall assign and may reassign the building administrator, all teachers, custodians, and other employees to their major teaching or administrative responsibilities or duties and make all extra duty and extra-curriculum assignments, or re-assignments. The building administrator shall have the authority to assign specific responsibilities and duties, such as extra duties of both staff and faculty. Any teacher, or administrator, who is aggrieved with their assignment of duties and responsibilities, shall appeal to the superintendent, or designee,; the grievance if unresolved shall be forwarded to the board of education. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Policy on Agents and Other Business Representatives No school employee shall sit with or discuss business matters of a personal nature with any business representative during the hours the employee is on duty in the school, except by special permission of the principal or superintendent, or designee. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Policy on Nondiscrimination 4012 The Wynot Board of Education does not discriminate on the basis of sex, race, national origin, religion, marital status, age, or handicapping condition in the admission, the access to, or treatment or employment in, its programs and activities. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Policy on Sexual Harassment A. Definitions 1. Conduct of a Sexual Nature – Conduct of a sexual nature may include, but is not limited to, a. verbal or physical conduct of a sexual nature may constitute sexual harassment when the b. an employee who has initially welcomed such conduct by an active participation must c. The Wynot Board of Education prohibits any conduct of a sexual nature directed toward B. Sexual Harassment Prohibited 1. For the purposes of this policy, unwelcome sexual advances or requests for sexual favors, a. submission to the conduct is made either an explicit or implicit condition of employment, b. submission to or rejection of the conduct is used as a basis for an employment decision c. the conduct substantially interferes with an employee’s or student’s performance, or 2. Specific Prohibitions a. Administrators and Supervisors (1) It is sexual harassment for a manager or supervisor to use his or her authority to (2) Administrators and supervisors who either engage in sexual harassment or tolerate b. Non-managerial and Non-supervisory Employees. It is sexual harassment for a non- c. Employees and Student – It is sexual harassment for an employee to subject a student to C. Reporting, Investigation, and Sanctions. 1. It is the expressed policy of the board to encourage victims of sexual harassment to report a. Employees who feel that their superiors are conditioning promotions, increases in wages, b. Employees are also urged to report any unwelcome conduct of a sexual nature by c. Confidentiality will be maintained and no reprisals or retaliation will be allowed to occur as d, Students are urged to report any conduct of a sexual nature by school employees or 2. In determining whether alleged conduct constitutes sexual harassment the totality of the 3. Any employee found to have engaged in sexual harassment shall be subject to sanctions, Bylaw Adopted 2/28/06 PERSONNEL Policy on Child Abuse Abuse or neglect shall mean knowingly, intentionally, or negligently causing or permitting a minor child or an incompetent or disabled person to be: 1. placed in a situation that endangers his/her life or physical or mental health; 2. cruelly confined or cruelly punished; 3. deprived of necessary food, clothing, shelter or care; 4. left unattended in a motor vehicle, if such minor child is six or younger; 5. sexually abused; sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage All school employees shall report within forty-eight (48) hours, to the building principal or superintendent of schools, or designee, or to the county attorney, any instance where they have reasonable cause to believe or suspect that a child has been subjected to abuse, or instance where they observe a child being subjected to conditions or circumstances which reasonably would result in abuse. These incidents will be documented and kept on file. In cases of investigating of child abuse reports, the decisions as to informing parents or guardians lies in the hands of the investigating authorities. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL The Wynot Public Schools insure that all children residing within the district who have a disability, and who are in need of special education and related services are identified, located and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services. (34 CFR 300.220: 92 NAC 51-006.01) Bylaw Adopted 2/28/06 PERSONNEL Policy on School Equipment and Facilities No school-owned property shall be used for private entrepreneurial activity. If any school equipment is used for any personal, nonprofit activity, such as copying machines, computers, etc., such use must have the prior approval of the building principal, superintendent, or designee. A fee shall be determined which will fully reimburse the school district for any supplies used and for the use of the equipment. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Policy on Inclement Weather 4019 A decision affecting school opening and/or closing because of inclement weather shall be made by the superintendent of schools, or his/her designee. The superintendent, or designee, will use all of the available media to communicate the decision to all of the members of the Wynot Public School District. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL All school employees shall furnish the superintendent, or designee, or building principal promptly, any information relating to their work or professional training, experience, activities, as required for reports to the county or state officials. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Employment outside of School District 4025 No teacher or other school employee may accept any other employment or carry on any business or activity for profit that interferes with the complete discharge of his or her responsibilities to the school district unless the terms of the contract so state. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL No unauthorized person shall have access to the personnel files maintained in the school on employees or students. Students, teachers, or persons with written authorization from such individuals, may have access to their own files, with the exception of letters of recommendation. Individuals will be permitted to file an answer to any item in the file. (LB-370) Access to all personnel files will be subject to the supervision of the administration. Official school records and all data of a personal nature shall be treated confidentially by school officials. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL It shall be the policy of the Wynot Public Schools whenever an employee of the district is summoned to serve jury duty to reduce the pay of an employee by an amount equal to any compensation other than expenses paid by the court to the employee for jury duty. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Contract Teachers are expected to be on duty from 7:35 AM until 4:20 PM unless they receive special permission from the superintendent, or designee, or building administrator for variation from this schedule. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Teachers’ Meetings Bylaw Adopted 2/28/06 PERSONNEL Substitutes 1. To be considered for employment as a substitute teacher in the Wynot Public Schools, the following must be satisfied: a. must have a valid State of Nebraska teaching certificate; or valid substitute teaching Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Valid Certificates 4042 Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Contract Renewal of Contracts If the certificated employee wishes a hearing, a written request shall be sent to the secretary of the Wynot Board of Education or the superintendent of schools, or the superintendent’s designee within seven (7) calendar days after receipt of the written request. Unless continued by written agreement of the parties, or their representative, final action by the board of education must be taken on or before May 15th. If the school district determines that it is appropriate to consider possible cancellation of the contract, the certificated employee will be notified according to law. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Provisions for Termination “Just cause” can include one or more of the following: If any teaching contract is not legally terminated by a majority vote of the school board on or before May 15th, that contract is renewed, by action of law, for one more year. In order to hold a valid contract termination vote on or before May 15th, the teacher must be notified, in writing, by the secretary of the school board, on or before April 15th, of the fact that contract termination will be considered by the school board and the reasons therefore. The teacher has 5 days after receiving the above notice in which to request a hearing before the school board. Within 10 days of the request, the school board must notify the teacher of the hearing date, time and place. The hearing, if requested, must precede the school board’s vote for the termination. If the hearing is not requested, the school board may vote to terminate without holding a hearing. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Contract Formal Due Process Hearing If a formal due process hearing is required by law and/or request for a certificated employee, a hearing procedure shall be utilized by the Wynot Board of Education shall contain at least the following: a. notification to the certificated employee in writing at least seven (7) calendar days b. upon request of the certificated employee, a notification at least seven (7) calendar c. the right of such employee to be represented by counsel at the hearing; d. the employee shall have the opportunity to cross examine all witnesses and to Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Method of payment The final payment will be held until the teachers’ reports, keys, requisition sheets and signed inventory sheets have been turned in at the office. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Travel Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Extra Pay Specific duties and responsibilities will be assigned by the superintendent and the building principal. The employee is expected to perform them as a part of his or her employment. If the employee feels that unreasonable demands are made, he or she may appeal to the superintendent who may in turn present the case to the board of education for consideration. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Each teacher may bring a maximum of three years of teaching experience into the Wynot Public Schools system. This experience must have been in an accredited K-12 system. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Advancement on Salary Schedule 4057 No advancement on the salary schedule may be made during the school year. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Compensation Deviation from Salary Schedule 4058 Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Evaluation procedures are provided for the (1) classroom teacher, and the (2) administration of the school. Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Professional Personnel Negotiations Legal Reference Bylaw Adopted 2/28/06 PERSONNEL Reduction in Force In the event it becomes apparent that the necessary staff reductions may not be accomplished through the normal attrition, the superintendent of schools, or designee, may recommend to the board of education the name(s) of those individuals to be terminated or reduced from full to part-time, or reduced from part-time to less time, under the reduction in force (RIF) provisions of the continuing contract law. The process of selecting personnel for reduction will involve consideration of, but not necessarily in order of importance: 1. qualifications based on performance and competence through employee evaluation In the absence of the above considerations, length of uninterrupted service shall be a determining factor and part-time employees shall have lowest priority for retention. (If, after considering the preceding criteria, it appears to the superintendent of schools, or designee, that a tie exists as between potential reduction in force candidates, the employee to be reduced in force shall be determined in the sole and exclusive discretion of the superintendent, or designee.) Due to the often intimate, confidential and unique personal working relationship necessary between the administration and the board of education, a certificated employee who is not currently serving in a predominately administrative capacity shall have no rights under this policy to any administrative position within the school system. This policy shall specifically permit and allow reductions in force to occur which deal with total elimination or termination, or amendment of contracts or positions, which deal with reductions in force from full time to part time, which deal with reductions in force from part time to a lesser part time, or which deal with any other reductions in force, which result in the termination or amendment of a certificated employee’s contract or employment position. Employee evaluations (including frequency of the evaluation, evaluation forms, number and length of classroom observations, if applicable) used for purposes of this policy shall conform to the board policies and administrative rules, regulations, forms and practices related to the periodic evaluation of certificated staff members in effect or as amended from time to time, all of which are incorporated herein by this reference as they exist or as they are amended from time to time as though set forth in full. Those employees who have been terminated or reduced from full to part-time, or reduced from part-time to less time, through a reduction in force shall be considered as “released with honor” and shall be offered re-employment with the district for a period of two years following the date of reduction when vacancies occur for which they are qualified. At re-employment, the employee shall resume the position on the salary schedule or range that is indicated by his/her experience and training, except that the length of time represented by the break in service shall not be included as service with the district. Teachers terminated or reduced from full to part-time, or reduced from part-time to less time, for reasons of staff reduction shall be given priority for substitute teaching opportunities in field or areas where they are qualified. Certified staff members who are notified that they may be considered for termination or reduced from full to part-time, or reduced from part-time to less time, shall be given an opportunity for a hearing with the board of education prior to the time that final action is taken. Any certificated employee whose contract is reduced in force shall, during the employee’s period for recall, report the employee’s current address to the superintendent of schools, or designee, and shall inform the superintendent, or designee, of any changes of address thereafter. If a vacancy occurs in the school system for which a certificated employee has rights of recall, the offer of such employment may be sent by the superintendent, or designee, to the employee’s last know address. If no acceptance of such offer is received within fourteen (14) calendar days of mailing, and the superintendent, or designee, has no personal knowledge of the whereabouts of the employee, the employee shall be deemed to have waived the employee’s right to recall to said employment position. Legal Reference Bylaw Adopted 2/28/06 |