Section 5000 - Personnel

TABLE OF CONTENTS         

5010    Goals and Objectives

5020    Equal Employment Opportunity (Cf. 5430, 5730)

5025    Multiracial Understanding

5030    Non-Discrimination and Complaint Procedure (Cf. 2450, 8015)

5035    Discriminatory Harassment of Employees or Applicants

      5035.1       Notification

5040    Retaliation and Whistle Blowing (Cf. 5210)           

5140    Policies and Rules Development Involvement (Cf. 1510, 2750)

5160    Qualifications and Duties

5170    Recruitment

      5170.1       Identity and Employment Status

      5170.2       Non-Discrimination

5175    Criminal History and Background Checks

      5175.1       Criminal History Checks

      5175.2       Background Checks-Employment History

      5175.3       Criminal Convictions

5180    Release of Confidential Information

5185    Social Security Number Confidentiality

5190    Staff Development Opportunities

      5190.1       Professional Development

      5190.2       Technology

5200    Staff Conduct

      5200.1       Staff Appearances

5203    Use of Agency Equipment, Supplies, and Materials (Cf. 9250)

5205    Possessing, Transporting, or Transmitting Dangerous Weapons

5210    Staff Complaints   (Cf. 5030, 5040)

5220    Staff-Student Relations

      5220.1       Threats to Students

      5220.2       Student Supervision and Welfare

5230    Conflict of Interest   (Cf. 5695)

5235    Nepotism

5245    Political Activities

5300    Personnel Records

      5300.1       General Access to Personnel Files

      5300.2       Employee’s Access to His/Her File

      5300.3       Records Management

5330    Travel Expenses (Cf. 1168, 3600)

      5330.1       Mileage Reimbursement

5340    Staff Health and Safety (Cf. 5370)

5345    Staff Smoking and Tobacco Products

5350    Drug-Free Workplace

5357    Family and Medical Leave

5358    Bus Driver Alcohol and Drug Testing

5370    Communicable Diseases – Staff and Students (Cf. 5340, 8510)

5410    Professional Staff Contracts (Cf. 2400)

side note: Scope of category determined by actual agreements in force.  See Handbook.

      5410.1       Compensation and Benefits

5430    Hiring (Cf. 5020, 5410)

      5430.1       Teacher Selection

      5430.2       Promotions

5480    Teacher Placement

5500    Teaching Staff Probation and Tenure

      5500.1       Tenure

      5500.2       Administrative Tenure

5520    Evaluation (Cf. 2430)

      5520.1       Availability of Evaluation Documents

5525    Master Teachers

5535    Teacher Discipline

5540    Suspension and/or Dismissal of Professional Staff

5560    Resignation of Professional Staff (Cf. 5850)

5640    Non-School Employment/Outside Activities of Staff

      5640.1       Non-School Employment      

      5640.2       Outside Activities of Staff

5645    Consulting (Cf. 2200)

5685    Arrangement for Substitutes (Cf. 7840)

5695    Ethics (Cf. 5230)

side note: An information category since ethics are usually determined by a profession and not imposed upon it.

5710    Compensation Guides and Contracts

5725    Qualifications and Duties

side note: Job descriptions listed and coded job-by-job.

5730    Recruitment  (Cf. 5170, 5020)

5740    Support Staff Positions

5750    Part-Time and Substitute Non-Certified Staff

5770    Non-Certified Staff Orientation

5780    Non-Certified Staff Probation

5790    Supervision

5800    Evaluation of Non-Certified Staff

5830    Suspension and Dismissal of Non-Certified Staff

      5830.1       At-Will Employees

5850    Resignation of Non-Certified Staff

5860    Reduction of Non-Certified Staff

5870    Reduction and Recall of Teachers

5880    Fringe Benefits for Non-represented Staff

      5880.1       Definitions

      5880.2       Benefit Schedule

5930    Leaves and Absences

Appendix A   Examples of Sexual Harassment

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5010 GOALS AND OBJECTIVES

The goals of the personnel policies set forth in this policy and rule section are to create the best possible educational climate for the students of the Agency.  To this end, these personnel policies are designed to prevent misunderstanding by Agency personnel about their duties and privileges.  In order to develop, further, a climate of trust and understanding, the Board seeks the involvement of all personnel in the development of policies affecting their positions.

Approved:       December 11, 2002

5020  EQUAL EMPLOYMENT OPPORTUNITY

(Cf. 2400, 5410, 5430, 5730)

The Board shall be an equal opportunity employer.  The objective of the Board is to attract and retain individuals qualified and/or trainable for the positions in the system by virtue of job-related standards of education, training, experience, and personal qualifications.

The Superintendent is responsible for ensuring compliance and continued implementation of this policy.

Approved:       December 11, 2002

LEGAL REF: 42 USCA 2000e-8, 2000e-12; 44 USCA 3501 et seq.; 42 USCA 12117 (The Equal Employment Opportunities Act); 29 USCA §§627, 630 (Age Discrimination in Employment Act); 42 USCA §1981 et seq. (Civil Rights Act); 28 FCR §4241; 28 CFR §42.405 (Title VI of the Civil Rights Act); 42 USCA §2000e, et seq. (Title VII of the Civil Rights Act); 20 USCA §1681; 34 CFR §106.8; 24 CFR §106.9 (Title IX of the Education Amendments); MCL 37.1101-1607 (Michigan Handicappers’ Civil Rights Act); 37.2101-2804 (Elliott-Larsen Civil Rights Act); Michigan Constitution Article I, §2

5025  MULTIRACIAL UNDERSTANDING

The Agency recognizes that racism is an instructional and societal problem and, therefore, shall strive to create and maintain an atmosphere of mutual understanding and respect among students, employees, and the public. This will be reflected through all its programs and practices that shall actively promote cultural awareness, inter-group relations, and the understanding of racial and ethnic groups within the Agency.

Approved:       December 11, 2002

5030  NON-DISCRIMINATION AND COMPLAINT PROCEDURE

(Cf. 2450, 8015)

It is the policy of the Board of Education that the Agency will not discriminate against any person based on sex, race, color, national origin, religion, height, weight, marital status, handicap, age, or disability.  The Agency reaffirms its long-standing policy of compliance with all applicable federal and state laws and regulations prohibiting discrimination including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d. et seq.; and 42 U.S.C. §§ 2000e, et seq.; Title IX of the Educational Amendments of 1972, 20 U.S.C. §§ 1681, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; The Americans With Disabilities Act of 1990, 42 U.S.C. §§ 1210, et seq.; the Handicappers’ Civil Rights Act, MCL §§ 37.1101, et seq.; and the Elliott-Larsen Civil Rights Act, MCL §§ 37.2101, et seq.

The administrator in charge of Special Education (or other appropriate administrator named by the Agency) is appointed the Civil Rights Coordinator regarding complaints of disability/handicap discrimination involving educational services, programs, and activities.  The Superintendent (or other appropriate administrator named by the Agency) is appointed the Civil Rights Coordinator regarding discrimination complaints made by students (grades Pre-K through 12)and/or their parent(s)/guardian(s), and involving sex, race, color, national origin, religion, height, weight, age, or marital status. The Superintendent (or other appropriate administrator named by the Agency) is appointed the Civil Rights Coordinator regarding all other complaints of discrimination.

Inquiries or complaints by students and/or their parents/guardians related to discrimination based on disability/handicap should be directed to:

 

The Administrator in Charge of Special Education

COOR Intermediate School District

11051 North Cut Road

PO Box 827

Roscommon, MI  48653-0827

(989) 275-9557

Inquiries or complaints made by students (grades Pre K through 12) and/or their parent(s)/guardian(s) related to discrimination based on sex, race, color, national origin, religion, height, weight, age, or marital status should be directed to:

The Superintendent of Schools

COOR Intermediate School District

11051 North Cut Road, PO Box 827

Roscommon, MI  48653-0827

(989) 275-9538

All other inquiries related to discrimination should be directed to:

Superintendent of Schools

COOR Intermediate School District

11051 North Cut Road

Roscommon, MI  48653-0827

(989) 275-9538

The Civil Rights Coordinators, as specified herein, are designated to receive and resolve complaints from any person who believes that he/she may have been discriminated against in violation of this policy. Any person who believes he/she has been discriminated against in violation of this policy should file a written complaint with the Civil Rights Coordinator within ten (10) calendar days of the alleged violation. The Civil Rights Coordinator will take, then, the following action:  First, cause an investigation of the complaint to be commenced. Second, arrange for a meeting to occur with the complainant, which may include School Agency staff who are knowledgeable of the facts and circumstances of the particular complaint or who have particular expertise that will assist in resolving the complaint. Third, complete the investigation of the complaint and provide, in writing, a reply to the complainant. If the Civil Rights Coordinator determines that a violation has occurred, he/she shall propose a fair resolution of the complaint and deliver the determination to the complainant and the Superintendent. In the event the complaint is against the Superintendent, a copy of the determination shall be delivered to the President of the Board of Education. The complainant may appeal the Civil Rights Coordinator’s determination to the Superintendent, or, in the case of a complaint against the Superintendent, to the President of the Board, by so notifying the Superintendent or Board President in writing within the (10) calendar days of the Civil Rights Coordinator’s determination. The Superintendent or Board President may conduct additional investigation of the facts and circumstances surrounding the complaint. The Board President may elect to secure the services of an outside party to investigate the facts and circumstances surrounding any complaint against the Superintendent. The Superintendent, or Board President in the case of a complaint against the Superintendent, shall affirm or reverse the Civil Rights Coordinator’s decision and, if warranted, implement the Civil Rights Coordinator’s proposed resolution or a modification thereof.  The Superintendent or Board President's decision shall be final.

If the complainant is not satisfied with the Civil Rights Coordinator’s written decision, he/she may appeal to the Office for Civil Rights, Department of Education, Washington, D.C. 20202.

Approved:  February 8, 2006             LEGAL REF:  Included in text

5035 DISCRIMINATION HARASSMENT OF EMPLOYEES OR APPLICANTS        

Discriminatory harassment of School Agency elected officials, employees, or applicants for employment by Board of Education Members, School Agency employees, vendors, contractors or other doing business with the School Agency, students, parents, guardians, invitees, volunteers or guests will not be tolerated.

Discriminatory harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct relating to an individuals’ sex, race, color, national origin, age, religion, height, weight, marital status or handicap/disability when:

Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment;
Submission to, or rejection of, such conduct or communication by an employee/applicant is used as a factor in decisions affecting such employee/applicant’s employment (including but not limited to compensation, promotion, or assignment of work); or
Such conduct or communication has the purpose or effect of substantially interfering with an employee’s employment, or creating an intimidating, hostile, or offensive employment environment, or otherwise adversely affects an employee’s employment opportunities.

Any employee or applicant who believes that he or she has suffered harassment shall immediately report the incident(s) to:

Superintendent of Schools

COOR Intermediate School District

11051 N. Cut Road , PO Box 827

Roscommon, MI  48653-0827

(989) 275.9538

The School Agency guarantees that an employee, or applicant for employment, reporting an incident(s) of discriminatory harassment will not suffer any form of reprisal.

In determining whether the alleged conduct constitutes discrimination or harassment, the totality of the circumstances, the nature of the harassment and the context in which the alleged incident(s) occurred will be investigated.  The Superintendent has the responsibility of investigating complaints of discriminatory harassment of employees or applicants.  In cases where the alleged harassment involves a member of the Board of Education in their capacity with COOR I.S.D., the School Agency will appoint outside legal counsel to investigate the complaint.

The results of an investigation and any action taken thereon will be communicated to the complaining person.

In the event the complaint is against the Superintendent, the President of the Board shall be automatically designated as the recipient and investigator for such complaints.  The President of the Board may, at his/her sole discretion, elect to employ Agency legal counsel or other qualified, independent investigators to assist him/her in the investigation.

The School Agency considers discriminatory harassment on the basis of religion, race, color, national origin, age, sex, height, weight, marital status, handicap or disability to be a major offense, which will result in disciplinary action of the offender.  Disciplinary action against a School Agency employee may include termination of employment.  Disciplinary action against a student may include expulsion.  Disciplinary action against a Board of Education member may range from Board of Education public censure to removal of the Board Member from an officer position he/she may hold.

5035.1   Notification

Notice of this policy will be periodically circulated to all school buildings and departments within the Agency, and incorporated in teacher, student and parent/guardian handbooks.  All new hires of the Agency will be required to review and sign off on this policy and its related complaint procedure.

Training sessions on this policy and the prevention of sexual harassment shall be held for all Board members, administrators, teachers and employees of the Agency.  In addition, students will have available as part of their curriculum and instructional program, sessions on this policy and the prevention of student-to-student sexual harassment.  See Appendix A of this section for examples of sexual harassment.

Approved:       February 8, 2006, Amended March 9, 2016

LEGAL REF:  MCL 37.2101 et seq., (Elliott-Larsen Civil Rights Act); 380.11a; 20 USCA §1681; 34 CFR §106.8; 34 CFR §106.9 (Title IX of the Education Amendments)

5040  RETALIATION AND WHISTLE-BLOWING

(Cf. 5210)

Employees are encouraged to report suspected illegal activity to appropriate School Agency administrators, or the Board of Education.  The Board of Education will not tolerate any form of reprisal, retaliation or discrimination against:

Any employee, or applicant for employment, because he/she opposed any practice that he/she reasonably believed to be made unlawful by federal or state laws prohibiting employment discrimination on the basis of sex, race, color, national origin, age, religion, height, weight, marital status, handicap or disability;
Any employee, or applicant for employment, because he/she filed a charge, testified, assisted or participated, in any manner, in an investigation, proceeding or hearing under federal or state laws prohibiting employment discrimination on the basis of sex, race, color, national origin, age, religion, height, weight, marital status, handicap or disability or because he/she reported a suspected violation of such laws according to this policy; or,
Any employee or applicant because he/she reported, or was about to report, a suspected violation of any federal, state or local law or regulation to a public body (unless the employee knew that the report was false) or because he/she was requested by a public body to participate in an investigation, hearing or inquiry held by that public body or a court.

An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or discrimination in violation of this policy shall report the incident(s) to the Administrator in Charge of Personnel and Employee Relations.  The Board of Education guarantees that no employee or applicant for employment who makes such a report will suffer any form of reprisal, retaliation or discrimination for making the report.

The Board of Education considers violations of this policy to be a major offense that will result in disciplinary action against the offender, regardless of the offender’s position within the School Agency.

Approved:       December 11, 2002

LEGAL REF:  MCL 15.361 - 369, “The Whistleblowers' Protection Act.”

5140  POLICIES AND RULES DEVELOPMENT INVOLVEMENT

(Cf. 1510, 2750)

In the development of personnel policies, rules and regulations, which are not mandatory subjects of negotiations under the Public Employee Relations Act, the Board shall, to the fullest extent possible, utilize and involve the employees of the Agency with respect to their ideas, comments and criticism.

Approved:       December 11, 2002

5160  QUALIFICATIONS AND DUTIES

A job description for each classification of employees shall be developed by the Superintendent.  Such job description shall be on file in the central office and not incorporated within the Board policy handbook.

Approved:       December 11, 2002

5165 CREATING A POSITION

The Board recognizes the need to establish positions which, when filled by competent, qualified professional and support staff members, will assist the agency in achieving the educational goals set by the Board. The agency employs only U.S. citizens and others lawfully authorized to work in the United States.

Upon the recommendation of the Superintendent, the personnel office shall verify all new employees' and substitutes' right to work in the United States according to the Federal Immigration Reform and Control Act of 1986.

The Board reserves the right to:

Create new positions;
Provide each with a job description clearly descriptive of the duties for which the position was created;
Provide each with a title that conforms with their appropriate certification, licensure, or training insofar as possible;
Specify the number of persons to be employed with each professional or non-professional job category; and
Set the initial salary for a new position not currently covered by a valid salary schedule.

In the exercise of its authority to create new positions, the Board shall give primary consideration to the special needs of the community and the operational services of the agency.

The Board shall, upon the recommendation of the Superintendent, consider the advisability of creating a new position or increasing the number of professional or non-professional support staff members in an existing position.

Approved:       December 11, 2002

5170  RECRUITMENT

The Superintendent shall have the authority to establish a procedure for the recruitment of well-qualified personnel to staff the schools.  The Superintendent may request Program Supervisors or other staff members to assist in this effort.

5170.1   Identity and Employment Status

All potential employees of the Agency shall verify their identity and employment status to the Superintendent.

The Superintendent shall maintain a file on all of the Agency's employees hired after November 6, 1986, proving that each employee has verified his or her identity, employment status, U.S. citizenship, or legal alien status to the Superintendent’s satisfaction.  Evidence to be used to verify identity, employment status, U.S. citizenship, or legal alien status should include at least two of the following documents, one of which contains a current photo of the employee:  U.S. birth certificate, social security card, and a current driver’s license; a state or military identification card; or one of the following:  U.S. passport, certificate of U.S. citizenship, certificate of naturalization, unexpired foreign passport, or resident alien card.

Non-Discrimination

The Board shall not discriminate in its policies and practices with respect to compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, national origin, height, weight, age, marital status, political belief, disability, or handicap which does not impair an individual’s ability to perform adequately in that individual’s particular position or activity.

The Superintendent shall have in place all appropriate procedures relative to the Americans with Disabilities Act.  This statement of non-discrimination shall be published and disseminated to all students, parents, guardians, employees, applicants and the general public in a manner determined by the Superintendent.

Approved:       December 11, 2002

LEGAL REF: 42 USCA §1981 et seq. (Civil Rights Act); 42 USCA 2000e-8, 2000e-12; 44 USCA 3501 et seq.; 42 USCA 12117 (The Equal Employment Opportunities Act); 42 USCA §2000e, et seq. (Title VII of the Civil Rights Act);  20 USCA §1681; 34 CFR § 106.8; 34 CFR §106.9 (Title IX of the Education Amendments); 42 USCA 12116 (The Americans with Disabilities Act); MCL 37.1101-1607 (Michigan Handicappers’ Civil Rights Act); 37.2101-2804 (Elliott-Larsen Civil Rights Act)

5175  CRIMINAL HISTORY AND BACKGROUND CHECKS

5175.1   Criminal History Checks

Upon an offer of initial employment by the Board or upon learning that an individual has been assigned to regularly and continuously work under contract in any of the District’s schools, the individual shall have undergone both a criminal history and records check performed by the State Police and FBI. The results shall have been received before the individual is employed unless, under the guidelines in current law, the person may be employed prior to the results being received.

No later than July 1, 2008, the Board shall have requested both a criminal history and records check through the State Police and the FBI for all individuals, as of January 1, 2006, employed by the District or assigned to regularly and continuously work under contract in any of the District’s schools.

Only those persons who have been offered a position or contract by the Board and/or Superintendent must undergo a criminal history and records check, not all applicants.

No individual shall be employed, in any capacity, who has been convicted of a listed offense under the Michigan Sex Offenders Registration Act. An individual shall not be employed, in any capacity, who has been convicted of a felony, unless the Superintendent and the Board specifically approve the work assignment in writing.

If the District obtains notice from an authoritative source that an individual has been convicted of a listed offense, the individual shall not be employed, in any capacity, or allowed to regularly and continuously work under contract in any of the District’s schools.

If the District is notified or learns that a teacher employed with the District has been convicted of a crime listed in MCL 380.1535a(1)-(2), the Superintendent or Board President shall notify the Superintendent of Public Instruction within 15 days after learning of the conviction.

5175.2   Background Checks - Employment History - Unprofessional Conduct

Upon an offer of initial employment by the Board, all persons shall have undergone an unprofessional conduct background check.  A staff person may be hired prior to the results of the unprofessional conduct background check following the guidelines in current law.

The Superintendent will promulgate appropriate administrative rules regarding the procedures to be followed in obtaining criminal history and background checks.

Approved:  September 13, 2006          LEGAL REF: MCL 380.1230a; 380.1539a

5175.3 Criminal Convictions

Sex Offense Criminals

An employee who has been convicted of a sex offense, the type of which would be included on the sex offender’s registry, will be terminated and not be allowed employment with the district.

Employee Self Reporting

Employees are required by law to self-report to the Superintendent and the Michigan Department of Education when she/he has been arraigned/charged with certain identified crimes. This is required within three business days of arraignment or she/he is guilty of committing another crime and shall be subject to termination.

Employees Convicted of a Felony

Employees committing a sex offense will be terminated. Employees guilty of other felonies will have their situation reviewed by the Superintendent. The Superintendent will recommend board action for termination or continued employment.

Employees Guilty of Misdemeanor

The Superintendent shall review the employee’s situation and will recommend board action only if appropriate for termination.

Approved:  MASB Rec. and Optional

LEGAL REF:  MCL 380.1230; 380.1230a; 380.1230b; 380.1230c; 380.1535a(9)

Approved:  September 13, 2006

5180    UNAUTHORIZED RELEASE OF INFORMATION

Employees of the Agency may have ongoing opportunities to access confidential information or records that are only available to the general public on a limited review basis.  Much of the information processed by Agency employees is confidential, and law governs its release; for example, driver record and vehicle registration information, confidential student records, criminal history background check information, information obtained pursuant to Family Independence Agency intervention, and professional misconduct background checks.

It is the policy of the Board that employees are prohibited from divulging information contained in the records and files of the Agency, except to other, authorized, employees who may need such information in connection with their duties and to authorized persons in accordance with law, Agency policies, and administrative rules.

If an employee is approached to provide information inappropriately, the employee must refuse to release the requested information unless authorized by his/her supervisor or otherwise required to release the information under law or court order.  In all cases, the employee’s immediate supervisor shall be informed, immediately, of any requests.

Any employee who inappropriately releases information, or uses confidential information obtained in the course of his/her employment with the Agency for personal reasons or private gain, will be disciplined in accordance with Board policies, collective bargaining agreements, and Agency procedures.  Disciplinary action may include severe penalties, up to, and including, discharge.

The Agency shall apply the requirements set forth in this policy, equally, to any data processing Subcontractor employed.  Data processing Subcontractors shall, as a condition of their contractual agreement with the Agency, be required to adopt this, or a similar policy, regarding their own employees.

The Superintendent shall promulgate appropriate administrative rules to help assure the confidentiality of records and, particularly, those records obtained through electronic means.

Approved:       December 11, 2002

LEGAL REF:  Federal Driver Privacy Protection Act of 1994 (18 USC 2721 et seq.); MCL 257.208c - 208d; MCL 257.903

5185  SOCIAL SECURITY NUMBER CONFIDENTIALITY

(Cf. 5180)

Pursuant to both state and federal law, it is the policy of this School District to protect the confidentiality of social security numbers. No person shall knowingly disclose, transfer, or unlawfully use the social security number of any employee, student, or other individual.

The Superintendent shall establish rules and regulations to implement this policy. The Superintendent shall ensure that:

1.The confidentiality of social security numbers is maintained to the extent practicable;

2.The unlawful disclosure of social security numbers is prohibited.

3.Access to information or documents containing social security numbers is limited; and

4.Documents containing social security numbers are disposed of properly.

This policy and its rules shall be published in the appropriate handbooks, manuals, and other similar documents. The published document(s) may also be made available electronically.

Persons who violate this policy, or the rules that implement it, may be subject to disciplinary action up to and including suspension or expulsion for students and termination for employees.

Approved:       February 8, 2006

LEGAL REF:  MCL 445.81 ET et seq.; 18 USC 1028; 5 USC 552A (The Privacy Act of 1974)

5190  STAFF DEVELOPMENT OPPORTUNITIES

The Board believes that all members of the professional staff should continue to grow professionally. To provide opportunities for such growth, the members of the teaching staff, the administration, and the Board will work cooperatively to promote and establish programs and activities which assist the professional in meeting the requirements of this policy. The essential purpose of the professional growth program is to offer increasingly superior educational opportunities to the youth of the school community by providing encouragement and incentive for upgrading the qualifications of the present staff, and by providing higher professional standards which will attract outstanding new professionals to the system.

5190.1   Professional Development

The Board recognizes its particular responsibility to provide opportunity for the continual professional growth of its professional staff. Professional development is defined as a planned and organized effort to provide staff with the knowledge and skills necessary to facilitate improved student learning and performance.

Professional development activities may include the following:

a.   Professional Developmental Advisory Council;

b.   Professional library;

c.   In-service workshops;

d.   On‑site, university courses;

e.   Conferences and conventions;

f.    Consultants; and

g.   School and industry visitations.

Individual participation and expense allowance for various activities shall be in conformance with administrative regulations. Attendance at overnight conferences and conventions requires prior approval of the Superintendent or Designee. 

Approved:  May 11, 2005

5190.2   Technology

The Board requires that any staff member who uses a computer or an advanced piece of technological hardware or software be provided in-service training in its utilization.  The Board shall appropriate funds to this end.

Approved:       May 11, 2005

 LEGAL REF: MCL 380.1254; 380.1525; 380.1526; 388.1695

5200  STAFF CONDUCT

All staff members have the responsibility to make themselves familiar with, and abide by, the laws of the state of Michigan as they affect their work, the policies of the Board, and the administrative regulations designed to implement them.  All staff members shall be expected to carry out their assigned duties, support and enforce Board policies and administrative regulations, submit required reports, protect Agency property, oversight of students and contribute to the education and development of the Agency's students.

The Superintendent and Program Supervisors shall assume the major responsibility for interpreting this policy.

5200.1   Staff Appearance

Staff dress and grooming must not disrupt the educational process, interfere with the maintenance of a positive teaching/learning climate, or compromise reasonable standards of health, safety and decency.

Approved:       December 11, 2002

5203 USE OF AGENCY EQUIPMENT, SUPPLIES AND MATERIALS

(Cf. 9250)

Permission must be gained from the appropriate Program Supervisor or immediate supervisor before any Agency equipment, supplies or materials may be removed from Agency grounds.

The Program Supervisor or immediate supervisor may authorize staff members to utilize Agency-owned equipment, supplies and materials to develop software and associated documents outside of their work assignment, provided the development of the software is in the best interests of the Agency.  Staff using Agency equipment, supplies, materials and software shall be in compliance with all copyright laws.  Staff members authorized to use Agency equipment assigned to them for use off school grounds (such as, but not limited to, laptop computers, cellular telephones, printers or the like) shall assume responsibility for said equipment.  Unless specifically authorized otherwise, all such equipment issued to teachers or administrators shall be returned to the Agency at the end of their annual work year.

In no case shall employees be authorized to borrow, remove or utilize Agency equipment, materials or supplies in connection with any outside employment or any other personal interest.  Violations of this policy will result in disciplinary action up to and including discharge and/or the filing of criminal charges.[1]

Recognized bargaining units may use Agency equipment as provided for in the current negotiated master contract.

Approved:  December 11, 2002          LEGAL REF:  MCL 19.141; MCL 750.362

5205 POSSESSING, TRANSPORTING OR TRANSMITTING DANGEROUS WEAPONS

No person shall possess, transport or transmit a dangerous weapon on School Agency property, property used by the School Agency for a school-related purpose, or in a motor vehicle used for a School Agency-related purpose unless: 

a.   Prior permission has been granted by the Superintendent; or

b.   The person in an on-duty law enforcement officer or, if off duty, the officer is otherwise required by the law enforcement agency to carry a weapon.

A dangerous weapon, within the meaning of this Policy, shall include, by way of description, such things as a firearm, knife, black jack, baton, iron bar, brass knuckles, martial arts devices and incendiary and/or explosive devices.  A person who violates this policy will be reported to law enforcement authorities.  Employees who violate this policy will be severely disciplined, up to and including discharge.

The Board policy prohibiting students from possessing dangerous weapons is contained in the Student Code of Conduct.

Approved:       December 11, 2002

5210  STAFF COMPLAINTS

(Cf. 5030, 5040)        

The Board recognizes the need to provide for the orderly resolution of disagreements or complaints arising out of alleged misapplication of a Board policy.  Such disagreements or complaints should be resolved at the lowest possible administrative level.  The Superintendent shall assure the procedures may be utilized without fear of reprisal.

The procedure established for resolution of grievances in the master contracts negotiated with recognized employee organizations shall apply only to grievances as defined by the particular agreement.

This policy covers any item not covered by a negotiated master contract or subject to negotiations under the Public Employee Relations Act and does not apply to any complaints based upon alleged discriminatory practices.

Approved:       December 11, 2002

5220  STAFF-STUDENT RELATIONS

All Agency employees are expected to maintain relationships with students that are conducive to an effective educational environment.  All Agency employees are responsible for the regulation of student conduct.

5220.1   Threats to Students

Any Agency employee who threatens to inflict, inflicts, or causes to be inflicted, deliberate physical pain by any means to any student, may be disciplined according to provisions which may be found in the current negotiated master contract or as prescribed by the Board.

5220.2   Student Supervision and Welfare

Teachers, because of their proximity to students, are frequently confronted with situations which, if handled incorrectly, could result in liability to the agency and personal liability to the professional staff members. It is the intent of the Board to direct the preparation of guidelines which would minimize that possibility.

It is the responsibility of the Superintendent to prepare regulations to insure maintenance of the following standards:

a.   Each teacher must maintain a standard of care for supervision, control and protection of students commensurate with assigned duties and responsibilities;

b.   A teacher should not voluntarily assume responsibility for duties he/she cannot reasonably perform. Such assumption carries the same responsibilities as assigned duties;

c.   A teacher must provide proper instruction in the safety matters presented in assigned curriculum guides;

d.   Each teacher must immediately report to the Program Supervisor; an accident or a safety hazard he/she detects;

e.   A teacher must not send students on any personal errands;

f.    A teacher must not transport students in a personal vehicle without the approval of the Program Supervisor; and

g.   A student shall not be required to perform work or services that may be detrimental to his/her health.

Pursuant to the laws of the state, each teacher must report to the proper authorities, immediately, any sign of suspected child abuse or drug abuse.

Employees found to be in violation of this policy by the Board may be subject to: 

Letter of reprimand; or
Probation, suspension, and/or termination of employment.

Approved:  December 11, 2002          LEGAL REF: MCL 380.1312; 722.621 et seq.

5230  CONFLICT OF INTEREST

Preamble

ISD board members and administrators shall perform their duties in a manner free from conflict of interest to assure the proper performance of school business as well as to earn and keep public confidence.

No ISD board member or administrator shall engage in or have financial interest in any activity that conflicts or raises a reasonable question of conflict with his or her duties and responsibilities.

The ISD board shall direct the administration to draft additional guidelines to conform to the intent of this policy.

Substantial Conflict of Interest

If an ISD board member or administrator has a substantial conflict of interest in a proposed contract for services, supplies or equipment, the board shall not enter into that contract. A “substantial conflict of interest” means “. . .a conflict of interest on the part of an intermediate school board member or intermediate school district administrator in respect to a contract with the intermediate school district that is of such substance as to induce action on his or her part to promote the contract for his or her own personal benefit.

An ISD board member or administrator is prohibited from entering into a contract if the member or administrator has a substantial conflict of interest. Excluded from substantial conflict of interest are situations as descried in section 380.634(5) of the Revised School Code.

Conflict of Interest Disclosure

An ISD board member, administrator or employee involved in the contracting process who is employed by or under contract with a business enterprise with which the ISD is considering entering into a contract, or knows that he or she has a family member who has an ownership interest or is employed by that business enterprise, the board member, administrator, or employee is required to disclose this information to the ISD board at a public meeting before the ISD board enters into the contract. The ISD board is required to vote at the public meeting on whether or not it considers the relationship to be a conflict of interest. A “family member” means “. . . a person’s spouse or spouse’s sibling or child; a person’s sibling or sibling’s spouse or child; a person’s child or child’s spouse; or a person’s parent or parent’s spouse, and includes these relationships as created by adoption or marriage.” Determination of the existence of a conflict of interest does not prohibit the board from entering into the contract.

Contracts of Public Servants with Public Entities Act

An ISD board member and administrator shall comply with the requirements of the Contracts of Public Servants with Public Entities Act (1968 PA 317, MCL 15.321-15.330).

Approved:  February 8, 2006             LEGAL REF:  MCL 15.321 – 323

5235  NEPOTISM

The Board shall not employ any teacher or other employee over 18 years of age, if such person is a member of the immediate family of the Superintendent or any member of the Board, except that the spouse of the Superintendent or a Board member may not be denied employment for the sole reason of marital status.  Members of the immediate family of the Superintendent or a Board member, who are under 18 years of age, may not be denied employment solely on the basis of their familial status.

No Agency employee shall be placed in a position in which he/she would be in a direct supervisory relationship with a member of his/her immediate family.

Members of the immediate family shall be defined as father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law and, for purposes of supervision, husband and wife. (At the option of the Board, other relatives may be added such as:  Aunt, uncle, cousin, nephew, niece, or "relatives living in the same household other than spouse.")

Approved:  December 11, 2002          LEGAL REF:  MCL 37.2102

MASB Note:  Refusal to hire a candidate on the sole basis of marital status COULD invite a challenge under the Elliott-Larsen Civil Rights Act (MCL 37.2102) which prohibits discrimination in hiring on the basis of marital status.   HOWEVER, the Agency would be well within its rights to insist that a husband/wife not be in a supervisory capacity over one another.  Prior to the age of 18, members of the "immediate family" cannot be denied employment solely on the basis of their "familial" status.

5245  POLITICAL ACTIVITIES

Staff members who intend to become candidates for political office are asked to notify the Superintendent within five days of the date on which the declaration of candidacy is filed to discuss the compatibility of the office regarding continued employment with the Agency.

Approved:  December 11, 2002          LEGAL REF: MCL 15.401-407

5300  PERSONNEL RECORDS

One official personnel file shall be maintained by the Agency for each employee.  Personnel files kept by the Agency concerning employees shall be kept in a secured location and under the custodianship of the appropriate Agency or building supervisor.  Complete personnel files of employees who have left the Agency shall be similarly kept, but in an inactive file, for not less than seven years.  A permanent record of the employee's years of work, assignments and salary/wage paid shall be kept in perpetuity.

The personnel file shall include the following sections: A. Employment Section. The employment section shall include the following: Pre-employment correspondence, application, university placement credentials, transcripts, certificate, request to employ, employment contract, and personal data sheet. B. Evaluation Section. The evaluation section shall include all complaints against and commendations of an employee, written reprimands and suggestions for corrections and improvements and administrative evaluations. No complaint, commendation, suggestion, or evaluation may be placed in a personnel file unless the employee has had the opportunity to review the material.

5300.1   General Access to Personnel Files

Access to an employee's personnel file may be given to the following persons without the consent of the employee: the Superintendent and administrators specifically designated by the Superintendent or a Board member if it relates to his/her duties or responsibilities as a Board member.

No other person may have access to an employee's personnel file except under the following circumstances:

a.   When an employee gives written consent to the release of his/her records. The written consent must specify the records to be released and to whom they are to be released;

b.   When subpoenaed or under court order; and

c.   When required under state law.

5300.2   Employee's Access to His/Her File

An employee may have access to his/her personnel file at all reasonable times, i.e., during regular office hours. The Superintendent will be given notice prior to such review and must be present during such review. The right to access includes the right to make written objections to any information contained in the file.

It also includes the right to add pertinent documents to the file.

5300.3   Records Management

The Superintendent shall have the overall responsibility for maintaining and preserving the confidentiality of the personnel files. The Superintendent may designate an administrator in charge of personnel to carry out this responsibility. The Superintendent and/or the administrator in charge of personnel have the responsibility for granting or denying access to records on the basis of these responsibilities.

Approved:  December 11, 2002          LEGAL REF: MCL 15.231 et seq.; 423.501-512

5330  TRAVEL EXPENSES

(Cf. 1168, 3600)

The Board shall provide reimbursement for expenses incurred in travel related to the performance and duties of the Agency's employees when approved in advance by the Superintendent.

5330.1   Mileage Reimbursement

Agency employees, who in the performance of their regular duties, are required to drive their personal automobiles shall receive an allowance in accordance with the employee handbook or master agreement.

Approved:       December 11, 2002

5340  STAFF HEALTH AND SAFETY

(Cf. 5370)

The Board shall attempt to ensure staff health, safety, and protection during working hours.

The Board shall comply with the provisions of the federal and Michigan Occupational Safety and Health Act as they apply regarding the employee’s right to know of hazardous conditions or materials.  The Superintendent shall develop appropriate procedures for informing staff.

Provisions relating to this policy may be found in a current copy of the negotiated master contract.

Approved:  December 11, 2002          LEGAL REF: Michigan Constitution Article VIII, §3; MCL 408.1001-1094 (Michigan Occupational Safety and Health Act)

5345  STAFF SMOKING AND TOBACCO PRODUCTS

Agency employees shall not smoke or use tobacco products in any building or on school grounds at any time.

Agency employees shall not smoke or use tobacco products at any time when they are involved with students or when supervising student activities off school property.

Approved:  December 11, 2002          LEGAL REF:  MCL 750.473

5350  DRUG-FREE WORKPLACE

The Board is concerned with the well‑being of its employees, the need to maintain employee productivity and the successful accomplishment of its mandate to provide education to the students of the agency. The Board recognizes that its employees serve as role models to students. Substance abuse by employees constitutes a grave threat to their physical and mental well‑being, significantly impedes their work objectives and job performance, and is a detriment to their effectiveness as a positive role model. Accordingly, the Board shall provide a drug‑free workplace and prohibit the unlawful possession, use, distribution or being under the influence of illicit drugs and alcohol by all employees on school premises or as part of any school business, activity or function pursuant to law.

5350.1   Standards of Conduct

The unlawful possession, use (including, but not limited to application, injection, inhalation or ingestion), distribution or being under the influence of illicit substances by an employee while on school premises, performing school business or as part of any school activity or function is strictly prohibited. Compliance with the standards of conduct in this policy is mandatory and shall not be construed to be voluntary.

5350.2   Disciplinary Sanctions

Disciplinary sanctions, up to and including termination of employment, will be imposed on employees who violate the above standards of conduct. It is the intention of the agency to impose disciplinary sanctions in a consistent manner. An employee who violates the terms of this policy may be non‑renewed or his/her employment may be suspended, terminated or subject to other forms of corrective discipline. An employee who violates the standards of conduct will also be reported to law enforcement officials, where appropriate. This enumeration of possible sanctions shall not be construed as limiting the Board's complete discretion to impose the sanction it deems appropriate or to require a particular sanction to be imposed.

At the discretion of the Board, an employee who violates the terms of this policy shall satisfactorily participate in a drug abuse assistance or rehabilitation program approved by the Board. If the employee fails to satisfactorily participate in such a program, the employee shall be non‑renewed or his/her employment may be suspended, terminated or subject to other forms of corrective discipline.

The Board recognizes that substance abuse in the form of alcoholism or chronic drug abuse may be characterized as an illness. Accordingly, an employee who violates standards of conduct may be eligible for an appropriate counseling, rehabilitation and/or re‑entry program under the following, criteria:

a.  The employee's conduct is not episodic, but rather represents an addictive behavior;

b.  There is a reasonable expectation of recovery; and

c.  The employee's participation is voluntary.

Disciplinary sanctions against employees, including non‑renewal, suspension and termination of employment shall be in accordance with the prescribed procedural and substantive requirements of administrative regulations and procedures, any applicable collective bargaining agreement or individual contract, and applicable statutes.

5350.3   Employee Assistance Program

The Board believes that early recognition and treatment of illegal drug use, controlled substance abuse, or alcohol abuse is important for successful rehabilitation, return to productive work, and reduced personal, family and social disruption.

The Board recognizes alcoholism and drug abuse as treatable illnesses. When such illnesses impair the performance of Agency employees, the Board recognizes the responsibility to assist in the treatment of those illnesses.

An employee having an illness or other problem relating to the use of alcohol or other drugs will receive the same careful consideration and offer of assistance that is presently extended to employees having any other illness.

The responsibility to correct unsatisfactory job performance or behavior resulting from a suspected health problem rests with the employee. Failure to do so, for whatever reason, will result in appropriate corrective or disciplinary action as determined by the Superintendent or the Board.

No Agency employee will have his/her job security or promotion opportunities jeopardized by his/her request for counseling or referral assistance.

Medical records of professional staff members with alcohol or other drug abuse problems will be preserved with the same degree of confidence as all other medical records.

Agency employees who suspect they may have an alcoholism or other drug, abuse problem are encouraged to seek counseling and information on a confidential basis by contracting resources available for such service.

This policy applies equally to all Agency employees.

This policy shall be published annually in the Agency's faculty and staff handbooks.

Approved:  December 11, 2002          LEGAL REF: 49 CFR 382.601 (Anti-Substance Abuse Act)

5357  FAMILY AND MEDICAL LEAVE

The Board shall comply with the 1993 Family and Medical Leave Act as amended.

Employees with at least one full year of service and at least 1,250 hours of work in the last 12 months are entitled to unpaid leave of up to 12 weeks in any one-year period for the birth/adoption of a child or for serious personal or family health reasons. A qualified employee who is the spouse, son, daughter, parent, or next of kin to 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 of r a serious injury or illness, may also take up to 26 weeks of leave to care for that member of the Armed Forces. A qualified employee may take FMLA leave of up to 12 weeks in response to a covered family member’s “qualifying exigency,” that arises out of a call to active duty service in support of a contingency operations.

Leaves may be continuous or intermittent with the agreement of the employee and the Superintendent.  Benefits shall continue during the leave upon payment of appropriate contributions.

An FMLA leave is limited to 12 or 26 weeks in any 12-month period. The 12-month period will be measured on a “rolling” 12-month basis, from the employee’s last use of FMLA leave.

Upon conclusion of the leave, the employee shall be returned to the same position or an equivalent position.  If the employee does not return as scheduled, termination from the position may result.

The Superintendent shall enact rules to implement this policy and reserve all rights to require proper documentation of all leaves under the Act and this policy.

The Superintendent shall use and incorporate the definitions from the FMLA statues and regulations, post appropriate notices for employees, make forms available as needed, and keep the FMLA notices and forms up to date.

Approved:  April 11, 2012      LEGAL REF: 29 USCA 2601 et. seq.; 29 CFR 825.200 (Family and Medical Leave Act of 1993) See also www.dol.gov/esa/whd/fmla

5358    BUS DRIVER ALCOHOL AND DRUG TESTING

The Superintendent shall be responsible for implementing an alcohol and drug-testing program for school bus drivers.  The Board may enter into partnership agreements with other Agencies to comply with federal law.

The purposes of the testing program are to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by a bus driver and to comply with federal law.

Bus drivers are prohibited from any alcohol use, which could affect on-the-job performance.  Such use includes:  use of alcohol on the job; alcohol use during the four hours before driving; having prohibited concentrations of alcohol in his/her system; and alcohol use during eight hours following an accident.

Bus drivers shall not report for duty or remain on duty which requires the performance of safety-sensitive functions when the driver uses any controlled substances except when such use is pursuant to the instructions of a physician who has advised the driver that the controlled substance does not adversely affect his/her ability to safely operate a motor vehicle.

Such alcohol and drug testing shall be performed on drivers for:  pre-employment (drugs only), pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow-up alcohol and drug testing pursuant to procedures set out in the federal regulations.

An employee covered by the federal regulations may not refuse to take a required test.

Approved:  December 11, 2002          LEGAL REF: 49 CFR §40.1 (Omnibus Transportation Employee Testing Act)

5370  COMMUNICABLE DISEASES – STAFF AND STUDENTS

(Cf. 8510)

In order to minimize the spread of contagious diseases among students and staff, the Agency will cooperate, fully, with the Clinton County Health Department to enforce adherence to the Michigan Health Code for the prevention, control, and containment of communicable diseases.

A decision to close schools due to communicable disease outbreaks shall be made by the Superintendent, or designee, in consultation with the Clinton County Health Department medical staff and/or for review to the review team.

A student with or carrying a communicable and/or chronic infectious disease has all rights, privileges, and services provided by law and the Agency’s policies.1

Approved:  December 11, 2002          LEGAL REF: MCL 333.5111; 333.5131; Family Educational Rights and Privacy Act of 1974, MDE Bulletin, September 23, 1999

1 A student with a contagious disease is probably a “handicapped individual” under Section 504 of the Rehabilitation Act (29 U.S.C. § 794(a).  See Thomas v Atascadero Unified School Agency, 662 F. Supp.376 (C.D. Cal 1986) (a child with Aids was a “handicapped person” under Section 504.

   Students with contagious diseases may also qualify for special education under the Individuals With Disabilities Education Act (20. U.S.C. § 1400 et seq.)

   Decisions to place a student in a class outside regular classes due to infectious disease must be based on medical evaluations indicating a need to protect the health and safety of others.  Community High School Agency 155 v Denz, 463 N.E.2nd 998 (2nd Dist. 1984).

 Cases involving contagious diseases are highly fact-specific.  Generally, the appropriate treatment of a student depends on the severity of the disease and the risk of infecting others, but in all cases, legal counsel should be consulted.

5410  PROFESSIONAL STAFF CONTRACTS

(Cf. 2400)

The employment of teachers shall be secured through written contracts according to their status as a probationary or tenured teacher.

The Superintendent is authorized to sign teacher contracts on behalf of the Board.  All provisions of individual contracts shall be in compliance with the negotiated master agreement.

5410.1   Compensation and Benefits

(Cf. 2400)

Provisions of this section are generally covered in the negotiated master agreement and/or staff contract.

Approved:  December 11, 2002          LEGAL REF: MCL 380.1224; 380.1231

5430  HIRING

(Cf. 5020, 5410)

The Board has the legal responsibility of approving the staffing levels for all categories of Agency personnel.  In addition, they are responsible for the formal approval of all teacher and administrative contracts.

5430.1   Staff Selection

Once the Board through the budget adoption process has approved staffing levels, the Board delegates to the Superintendent the authority to recruit, screen, select, and recommend the employment of all staff members to fill the positions approved in the budget, and to sign employment contracts on the Board’s behalf.   In carrying out this responsibility, the Superintendent shall involve appropriate administrative and/or non-certified staff members as needed and use special criteria developed by the Board and/or staff.

Before the issuance of an actual written contract to any new teacher or administrator, the Superintendent shall bring his/her recommendations to the Board for approval. 

Unless the Board can establish that the Superintendent has violated law, the policies of the Board, or the provisions of an applicable collective bargaining agreement in the selection of candidates recommended for a contract, the Board shall approve the Superintendent’s recommendations.  Members of the Board shall not involve themselves, either personally or as a collective body, in the recruitment, interviewing, or selection process for any position to be filled in the Agency other than the position of Superintendent of Schools.

5430.2   Promotions

It shall be the policy of the Board of Education to employ the best-qualified individual for any District vacancy at any level.

Vacancies shall be announced, and all members of the professional shall be eligible for any District vacancy, providing they are properly qualified.

The Superintendent shall establish procedures to facilitate identification and evaluation of candidates for administrative, supervisory, and other leadership positions.

Approved:  December 11, 2002          LEGAL REF:  MCL 380.601(a) (1) (d), MCL 380.1229 and MCL 380.1231

5480  TEACHER PLACEMENT

The Board of Education considers the appropriate placement of effective teachers as an essential ingredient in promoting student academic growth, in attaining successful educational outcomes for students and in providing quality educational services.

For purposes of this policy, the term "teacher" shall refer to those employees of the District whose employment is regulated by the Teachers' Tenure Act, MCL 38.71 et seq. The term "placement" shall include decisions involving the assignment and transfer of teachers as well as decisions involving the filling of vacant teaching positions with on-staff teachers. Those placement decisions are delegated to the Superintendent.

Placement does not include staffing decisions made in the context of recall of a teacher from layoff, which decision is governed by District Policy 5870. Placement also excludes decisions to initially hire or to dismiss or non-renew a teacher, which determinations are reserved to the Board of Education and are not delegated under this Policy.

Teacher placement decisions shall be guided by the following standards:

These decisions will be premised on staffing the established curriculum with the most effective teachers who are certified and qualified to instruct the courses within the established curriculum and departments.

All teachers must be properly certified (or otherwise approved or authorized) for all aspects of their assignment. The certification (or authorization/approval status, as applicable) of a teacher shall be determined by provisions of the Revised School Code, the Teacher Certification Code, the Michigan Department of Education's Rules for Special Education Programs and Services, and other applicable statutes and regulatory authority.

Teacher placement decisions shall also be made on the basis of a teacher's qualifications, which shall be determined by the following standards:

Compliance with applicable state or federal regulatory standards, including, but not limited to, those standards established as a condition to receipt of foundation, grant, or categorical funding.

Compliance with applicable accreditation requirements.

Assessment of the extent of a teacher's professional training and academic preparation are relevant to an instructional assignment and are predictive of the teacher's effectiveness in that assignment.

Assessment of the extent to which a teacher's prior teaching experience is relevant to an instructional assignment and is predictive of the teacher's effectiveness in that assignment.

Possession or satisfaction of any qualification requirement(s) contained in a job posting, job description, or administrative regulation pertaining to the position in question.

In addition to certification and qualifications, teacher placement decisions shall be made on the basis of teacher effectiveness, as determined through the teacher effectiveness criteria established in Section 1248 of the Revised School Code and as articulated in District Policy _____/ Reduction and Recall of Teachers.

Approved:  September 11, 2013

Legal Reference:  MCL 380.11a (K-12), MCL 380.601a (ISD), MCL 380.1233, MCL 423.215, MCL 388.1763, MCL 38.71 et seq.

5500  TEACHING STAFF PROBATION AND TENURE

All teachers during the first four full school years of employment shall be on probation, unless he or she has previously received tenure at another Michigan School Agency or Agency.

During this probationary period, the Board will ensure that the teacher is provided with an individualized development plan (IDP) and given an annual year-end performance evaluation, as provided for under current law.  While it is not a requirement of law that an IDP be provided during a teacher’s first year of employment, the Agency may elect to provide an IDP during that year.  Additional performance evaluations or classroom observations, in addition to those required under the Teachers’ Tenure Act, may be required as noted in the current negotiated agreement.

5500.1   Tenure

Teachers attain continuing tenure, as a matter of law, after the satisfactory completion of their probationary period.  Once tenure has been attained, the teacher shall remain on continuing tenure as provided for under current law.

The Board may recommend the discharge or demotion of a continuing tenure teacher only for reasonable and just cause and only as provided for under current law.

Continuing tenure will not be granted to any annual assignment of extra duty for extra pay.

5500.2   Administrative Tenure

Administrators or teachers employed in assignments other than that of classroom teacher, shall be employed without continuing tenure in their other position, but will retain continuing tenure status in their teaching position.

Provisions for evaluation of administrators and teachers are a priority of the Board.  The Superintendent is responsible for developing procedures in agreement with the current negotiated agreement for meeting these priorities.

Approved:  December 11, 2002          LEGAL REF: MCL 38.71 et seq.

5520  EVALUATION

(Cf. 2430)

The Board is responsible for the employment and discharge of all teacher and administrative         personnel. To carry out this responsibility, it delegates to the Superintendent the function of establishing and implementing a program of personnel assessment.

It is the purpose of the program of staff assessment to:

a.  Continuously strive for the improvement of the total instructional program;

b.  Stress the importance of personal improvement on the part of individual teachers and administrators so that each student may be provided a quality education;

c.  Insure the continuous improvement of administrative and supervisory services provided teachers; and

d.  Establish a process of continuous and systematic teacher and administrator evaluation.

The staff evaluation program shall aim at the early identification of specific areas in which the individual staff member needs help so that appropriate staff members can provide the type of assistance needed.

If a tenured teacher, after receiving a reasonable degree of assistance, fails to perform his/her assigned responsibilities in a satisfactory manner, procedures may be invoked leading to a recommendation for dismissal. In such an instance, all relative evaluation documents may be used in the proceedings.

Any evaluation procedures found in the negotiated agreement shall be followed in the development, maintenance or change of the Agency's evaluation policy, rules, regulations or procedures.

The evaluation instrument negotiated and adopted by the Board governing evaluation of the teaching staff is on file in the central office and shall be published in the teachers’ handbooks.

5520.1 Availability of Evaluation Documents

The evaluation instrument shall be available to the Superintendent, evaluating administrator, or supervisor under whose direct supervision the teacher will work and others authorized by law.

Approved:  December 11, 2002          LEGAL REF: MCL 38.71 et seq.; 15.268

5525  MASTER TEACHERS

The Board has established the following qualifications in determining master teachers in the District.  A master teacher must:

Be tenured;
Have satisfactory Principal evaluations;
Exhibit a positive and supportive demeanor;
Have excellent knowledge of the subject area;
Have demonstrated excellence in teaching and/or knowledge of a specific field of study;
Have at least four years teaching experience, and have participated in professional development to remain current and maintain a high level of expertise;
Be an active participant in the role as mentor for the duration of the probationary period, if possible; and
Be competent in communication skills and have demonstrated successful “people skills”.

Approved:  December 11, 2002          LEGAL REF: MCL 380.1526

5535  TEACHER DISCIPLINE

The Board of Education believes that maintaining appropriate procedures and standards for addressing teacher misconduct and other inappropriate behavior is a critical ingredient in furthering an effective educational environment and in providing quality educational services necessary for the attainment of successful educational outcomes for students. This policy is intended to provide standards and procedures by which administrative personnel shall make determinations as to whether teacher discipline is warranted and, if so, in arriving at an appropriate disciplinary response.

Although discipline is corrective, other significant purposes of discipline are to promote accountability of teachers to maintain proper conduct, to provide notice to teachers of behavioral expectations, and to inform teachers of the consequences of any future disciplinary infractions, offenses or other misconduct.

For purposes of this policy, the term "teacher" shall refer to those employees of the school district whose employment is regulated by the Teachers' Tenure Act, MCL 38.71 et seq.

Discharge, demotion, or other discipline of teachers under this policy shall be made only for a reason(s) that is not arbitrary or capricious. This standard signifies that a disciplinary decision must be supported by results of a disciplinary investigation and that any resulting disciplinary action must have a rational relationship to the teacher's conduct which forms the basis for a disciplinary decision.

Before imposing any disciplinary measure under this policy, the administrator shall investigate whether a teacher has engaged in an offense, infraction, or other misconduct which could result in a disciplinary consequence.  An administrator shall investigate the alleged violation before imposing a disciplinary measure upon the teacher. The investigation should include discussions with any witnesses to the event(s) upon which possible teacher discipline is premised, including witnesses or other sources suggested by the teacher being investigated.  The teacher who is the subject of the disciplinary allegation shall be provided with an opportunity to respond to those allegations as part of the investigation process.

The following procedures shall be used for disciplinary actions taken against teachers, up to and including a recommendation for discharge:

Oral or written notice will be given by the administration to the teacher of the incident, complaint, or charge that forms the basis for the investigation and potential disciplinary action.
If the complaint alleges child abuse or neglect, the matter shall be reported to Child Protective Services consistent with Policy No. 8580.
The teacher will be given written notice of the time, date, and location of a meeting to provide the teacher with an opportunity to respond to the disciplinary incident, complaint, or charge.  This opportunity to respond shall include the right of the teacher to dispute the factual basis of the incident, complaint, or charge, as well as the nature of any contemplated disciplinary action in the event that the disciplinary incident, complaint, or charge is factually substantiated.  
A teacher represented by an exclusive bargaining agent under the Public Employment Relations Act shall, upon request, be entitled to union representation at any investigative meeting which the teacher reasonably believes could ultimately result in disciplinary action.  Alternatively, a teacher shall, upon his/her request, be entitled to have another member of their bargaining unit accompany him/her to any investigative meeting which the teacher under investigation is required to attend when that teacher reasonably believes that the investigation may ultimately result in his/her discipline.  The obtaining of a representative shall not unreasonably delay an investigative meeting.
The Superintendent (or designee) is authorized to place a teacher on administrative leave, with pay, pending the completion of a disciplinary investigation of the alleged or suspected offense, infraction, or misconduct.  This authority can be exercised in those circumstances when, in the judgment of the Superintendent (or designee), the nature of the charges, the behavior or record of the teacher, or other circumstances make it inadvisable for the teacher to remain at work while the investigation is ongoing.  Placement on administrative leave under this provision is not regarded as, in itself, a disciplinary measure or penalty.
If criminal charges are filed against a teacher before or during the pendency of a disciplinary investigation, a probationary teacher may be placed on unpaid leave during the pendency of the investigation after notice and an opportunity to be heard.  Under these circumstances, a tenured teacher's salary shall not be discontinued other than through observance of the pertinent standards and procedures specified in the Teachers' Tenure Act.  The District need not delay the institution of tenure charges or other disciplinary action against a teacher during the pendency of any criminal charges against the teacher. 
If an investigation of teacher conduct supports a determination that the teacher has engaged in an offense, infraction, misconduct, or other behavior warranting disciplinary action, the administrative decision as to the level of discipline shall be guided by the following standards:

The seriousness of the offense, infraction, or misconduct;
The teacher's prior disciplinary and employment record;
How teachers engaging in similar or like offenses, infractions, or misconduct have been disciplined in past comparable circumstances involving similarly situated teachers; and
The existence of aggravating or mitigating factors.

Disciplinary measures include but are not limited to:  oral warning (memorialized in writing), written warning, written reprimand, paid or unpaid suspension, and discharge.  Nothing in this policy or the identification of these levels of discipline requires that the above disciplinary measures be applied progressively or sequentially. The Board reserves the right to apply the disciplinary sanction it determines to be appropriate to a specific set of circumstances. 
When disciplinary action is taken against a teacher it shall be confirmed in writing.  The document confirming the discipline will be provided to the teacher and placed in the teacher's personnel file.
The Superintendent (or designee) is delegated the authority under this policy to impose all teacher discipline with the exception of: 

The discharge of either a probationary or tenured teacher;
The non-renewal of a probationary teacher; and
The demotion of a tenured teacher, as defined in the Teachers' Tenure Act.
The discharge or demotion of an administrator
The non-renewal of an administrator.

Each of the above disciplinary actions may only be imposed by this Board of Education upon written recommendation of the Superintendent and upon adherence to any applicable procedures set forth in the Teachers' Tenure Act.

Approved:  September 11, 2013          LEGAL REF: MCL 380.11a (K-12), MCL 380.601a (ISD), MCL 423.215, MCL 38.71, et seq.

5540  SUSPENSION AND/OR DISMISSAL OF PROFESSIONAL STAFF

The Board may discipline, or proceed with charges to dismiss or demote, any probationary teacher, or recommend dismissal of any tenured teacher upon recommendation by the Superintendent in accordance with the Michigan Tenure Act and/or within the provisions of the current negotiated master contract.

The Superintendent or Program Supervisor shall make written recommendations to the Board concerning an employee on probation that, in his/her judgment should be considered for dismissal or to proceed on charges against any tenured teacher being considered for a recommendation for dismissal.

Any action for non-renewal of the Superintendent’s contract, or the contract of any Assistant Superintendent, Program Supervisor, Assistant Program Supervisor, Guidance Director and other administrators who do not assume tenure in that position shall be under the provisions of law. (MCL 380.1229)

The Superintendent is authorized by the Board to suspend from active duty any teacher against whom formal charges are anticipated being filed or have already been filed, until a decision is rendered or until the Board acts to reinstate said teacher.

Approved:  December 11, 2002          LEGAL REF: MCL 38.71-121; 380.1229

5560 STAFF RESIGNATIONS

Teachers and administrators may resign by giving written notice to the Superintendent of Schools at least 60 days prior to September 1 of the ensuing school year, unless other arrangements are mutually agreed upon. The Superintendent shall immediately accept the resignation, in writing, and shall, in the letter of acceptance, include a copy of the Michigan Teacher Tenure Act.  Any teacher or administrator discontinuing his/her service in any other manner shall forfeit any rights to continuing tenure as a teacher previously acquired, and such action shall become part of the personnel record of said teacher or administrator.

In instances where a teacher or administrator wishes to leave on shorter notice, the Superintendent may permit an earlier release on condition that satisfactory arrangements can be made for replacement.  The Superintendent’s decision in such matters shall be final.

Other employees may resign at any time, as conditioned by applicable collective bargaining agreements.  “At will” employees may resign at any time.

Once a resignation is tendered to the Superintendent, and has been accepted, in writing, by the Superintendent, that resignation shall be considered final.

The Superintendent, at his/her option, may develop procedures for an "exit interview" of all employees who will not be returning to the Agency.

Approved:  December 11, 2002          LEGAL REF:  MCL 38.71-121

5640  NON-SCHOOL EMPLOYMENT/OUTSIDE ACTIVITIES OF STAFF

5640.1   Non-School Employment

Certified employees shall not be permitted to engage in outside employment which, by its nature or duration, will impair the effectiveness of their instructional service, adversely affect their professional status, affect detrimentally on the Agency, raises a question of conflict of interest or requires or implies the use of any Agency facilities or equipment.

5640.2   Outside Activities of Staff

The Board directs the Superintendent to promulgate the following guidelines so that staff members may avoid situations in which their personal interests, activities and associations may conflict with the interests of the agency. If non‑school activities threaten a staff member's effectiveness within the agency, the Board reserves the right to evaluate the impact of such activity upon the staff member's responsibility to the students and to the Board.

a.  Staff members should not give school time to an outside activity without valid reason to be excused from assigned duties;

b.  Staff members shall not use school property or school time to solicit or accept customers for private enterprises without written administrative permission;

c.  Staff members shall not campaign on school property on behalf of any political issue or candidate for local, state or national office;

d.  Staff members may not accept fees for tutoring when such tutoring is conducted during the normal work day; and

e.  Staff members may not accept fees for remedial tutoring of students currently enrolled in one or more of their classes.

Approved:  December 11, 2002          LEGAL REF: MCL 15.401 et seq.

5645  CONSULTING

Teaching employees may be excused by the Superintendent to perform technical or instructional services as consultants to other Agencies, government agencies or private industry.

Approved:       December 11, 2002

5685  ARRANGEMENT FOR SUBSTITUTES

(Cf. 7840)

The Board recognizes its responsibility to procure the services of substitute teachers in order to continue the operation of the schools as a result of the absence of regular personnel.

Professional substitutes must possess a valid Michigan teaching certificate or a substitute teaching certificate on file in the office of the Superintendent.

Approved:  December 11, 2002          LEGAL REF:  MCL 380.1236; 421.42; 421.50; OAG, 1985-1986, No 6360, p 283 (May 13, 1986)

5695  ETHICS

An effective educational program requires the services of men and women of integrity, high ideals, and human understanding. To maintain and promote these essentials, all professional staff members of the agency are expected to maintain high standards in their school relationships.

Professional staff members in the performance of their professional duties will:

a.  Recognize the basic dignities of all individuals with whom they interact in the performance of duties;

b.  Represent, accurately, their qualifications;

c.  Exercise due care to protect the mental and physical safety of students, colleagues and subordinates;

d.  Seek and apply the knowledge and skills appropriate to assigned responsibilities;

e.  Keep in confidence such information as they may secure, unless disclosure is authorized by the Superintendent or is required by law;

f.  Ensure that their actions or those of another on their behalf are not made with specific intent of advancing private economic interests;

g.  Refrain from using position or public property, or permitting another person to use an employee's position or public property for partisan political or sectarian religious purposes. This will in no way limit constitutionally or legally protected rights as a citizen; and

h.  Avoid accepting anything of value offered by another for the purpose of influencing judgment.

Approved:       December 11, 2002

5710  COMPENSATION GUIDES AND CONTRACTS

No public funds will be spent by the Board in the form of wages or salary for any school employee to sponsor any religious activity.  No public funds will be spent by the Board to pay any expenses of any student or school employee to attend any religious activity or conference.

Approved:       December 11, 2002

5725  QUALIFICATIONS AND DUTIES

A job description for each classification of non-certified employees shall be developed by the Agency's administration in cooperation with the Agency's employees.  Job descriptions shall not be included in these policies/rules but will be filed and published in the appropriate handbook.

Approved:       December 11, 2002

5730  RECRUITMENT

(Cf. 5020)

The Superintendent will recruit non-certified personnel to fill existing or proposed vacancies and recommend that the Agency hire the best-qualified person(s) available.

In recruitment or filling vacancies there shall be compliance with the provisions of the current negotiated master contract.

Approved:       December 11, 2002

5740  SUPPORT STAFF POSITIONS

All support staff positions in the Agency shall be established initially by the Board.

Specific duties and responsibilities of support personnel shall be determined by the Superintendent who shall, in cooperation with other administrative staff members and the employees concerned, develop job descriptions for each position.

Although positions may remain temporarily unfilled or the number of persons holding the same type of position may be reduced as a reduction in force, only the Board may abolish a position that it has created.

Approved:       December 11, 2002

5750  PART-TIME AND SUBSTITUTE NON-CERTIFIED STAFF

The Superintendent is authorized to employ part-time and/or substitute non-certified personnel under the provisions of the current negotiated master contract(s).

The Superintendent shall be responsible to establish procedures for arranging substitutes in case of non-certified absences.

Salary for support staff substitutes shall be according to rates established by the Board upon recommendation of the Superintendent or as may be provided in the current negotiated master contract(s).

Approved:       December 11, 2002

5770  NON-CERTIFIED STAFF ORIENTATION

The Superintendent and administrative staff shall provide for the orientation of non-certified employees.

Approved:       December 11, 2002

5780  NON-CERTIFIED STAFF PROBATION

All non-certified staff shall be considered to be on probation during the first 90 calendar days of employment or as otherwise provided in a negotiated master agreement. The Superintendent shall provide for adequate supervision and evaluation of the employee prior to the end of said period.  If a person other than the Superintendent performs the evaluation, he/she shall make a recommendation to the Superintendent as to the continued employment of the probationary staff member.

Employees assigned to a new or different position shall be considered to be on probation in said position for the first 30 calendar days of assignment or as otherwise provided in a negotiated master agreement or as extended by the Board.

Approved:       December 11, 2002

5790    SUPERVISION

The Superintendent has the responsibility to supervise all non-certified employees not directly under the supervision of a Program Supervisor.  A Program Supervisor has the responsibility to supervise all non-certified employees who are assigned to the building, as provided for within the context of 5725.

Approved:       December 11, 2002

5800    EVALUATION OF NON-CERTIFIED STAFF

Evaluation shall be based on the achievement of results specified in the employee’s position description and on specific goals and objectives.

Employees shall be evaluated at least twice during the probationary period, unless otherwise stated in a negotiated master agreement, with a report submitted to the Superintendent at least two weeks prior to the end of the probationary period with a recommendation as to continued employment.

Support staff employees shall be evaluated at least annually after serving the probationary period regardless of whether the employee is new to the Agency or serving in a new position within the Agency unless otherwise provided in a negotiated master agreement.

The process of evaluation shall be developed cooperatively by the administrative staff and each of the support staff employee groups and shall comply in all respects with provisions in the negotiated master contracts applicable to each employee group.

Approved: December 11, 2002           LEGAL REF:  MCL 15.268; 380.1250

5830    SUSPENSION AND DISMISSAL OF NON-CERTIFIED STAFF

The Superintendent may suspend, discipline or dismiss non‑certified staff. The Superintendent shall adhere to any relevant provisions contained in the negotiated master contract with the employee’s collective bargaining unit.

5830.1   At Will Employees

Non-certified employees who are not part of a recognized bargaining unity may be terminated at any time.  A written notice stating the reason(s) for the termination will be given to the employee.

Approved:       December 11, 2002

5850  RESIGNATION OF NON-CERTIFIED STAFF

(Cf. 5560)

Any non-certified staff member desiring to resign from his/her position with the Agency shall submit a written resignation to the Superintendent at least ten working days prior to the effective date of the resignation. Unless otherwise agreed to by the Superintendent, failure to give at least ten working days notice will void any potential benefits that might accrue to the employee following separation from the Agency.

The Superintendent is authorized to accept resignations of support staff personnel on behalf of the Board and they become final upon his/her acceptance.  The Superintendent shall present all resignations to the Board for information.

Approved:       December 11, 2002

5860  REDUCTION OF NON-CERTIFIED STAFF

When reduction in staff is necessary for employees where provisions are not covered in contracts, the administration shall make recommendations, which in its judgment will be beneficial to the Agency.  Though length of service may be considered as a criterion for making such recommendations, it shall not be the sole determining factor considered.

Approved:       December 11, 2002

5870  REDUCTION AND RECALL OF TEACHERS

In making program and staffing decisions, the Board of Education shall retain the most effective teachers who are certified and qualified to instruct the courses within the established curriculum, academic levels and departments. The Board of Education shall determine the size of the teaching staff in response to curricular, fiscal, and other operating conditions and retains the exclusive right to do so. To the extent that such determinations involve the requirements of Section 1248 of the Revised School Code, MCL 380.1248, this policy shall guide the implementation of that statute.

To the extent that such determinations involve the adoption and implementation of a reform plan under Section 1280c of the Revised School Code (Priority Schools), MCL 380.1280c, and corresponding regulations and guidance, this policy and the District's reform plan shall control.

A.  General Provisions

1. This policy applies to "teachers", which term refers to those District employees whose employment is regulated by the Teachers' Tenure Act, MCL 38.71, et seq.
2. The Superintendent shall be responsible, acting within budgetary approval and consistent with any applicable school redesign plan approved by the Michigan Department of Education, for establishing the number and type of teaching assignments to implement the approved curriculum. If the Superintendent determines that insufficient funds are budgeted for the existing complement of faculty or that a reduction in teaching staff is necessary due to programmatic or curricular considerations (including, but not limited to, implementation of a school redesign plan),he/she shall recommend to the Board the number of teaching positions and the academic levels or departments to be reduced.
3. Similarly, if after a reduction of teachers, the Superintendent determines that the District's programs and curriculum cannot be delivered through the existing complement of faculty and that sufficient funds are budgeted to support an increase in the number of teachers, he/she shall recommend to the Board the number of teachers to be added and the affected academic level(s) or department(s). If a school is operating under a redesign plan which authorizes a reduction in existing staff, recall of teachers is contingent upon compliance with the redesign plan.
4. Decisions involving the reduction and recall of teachers shall be guided by the following:

a. Retaining the most effective teachers who are certified (or otherwise approved or authorized) and qualified to instruct the courses within the established curriculum, academic level(s), and department(s).

i.  This Policy shall not require retention or recall of a probationary or tenured teacher whose most recent performance evaluation contains an overall rating of "ineffective" or "minimally effective" in preference to any probationary or tenured teacher rated either "effective" or "highly effective", as reflected in that teacher's most recent performance evaluation.

ii. A probationary teacher who is rated as "effective" or "highly effective" on his/her most recent annual year-end performance evaluation is not subject to being displaced under this policy by a tenured teacher solely because the other teacher has attained tenure under the Teachers' Tenure Act, MCL 38.71, et seq.

b.   All teachers must be properly certified, approved, or authorized for all aspects of their assignments. The certification, authorization, or approval status of a teacher shall be:

i. Determined by applicable statutes and regulatory authority, including, but not limited to, the Revised School Code, the Teacher Certification Code, and the Michigan Department of Education's Rules for Special Education Programs and Services; and

ii. Based upon documentation on file with the Superintendent's office. A teacher shall maintain current and valid certification, approval or authorization, as applicable, and shall be responsible for filing a copy of his/her teaching certificate, approval, or authorization with the Superintendent's office in compliance with Section 1532 of the Revised School Code, MCL 380.1532. If a teacher petitions for nullification of his/her teaching certificate or any endorsement, he/she shall promptly provide written notice of that petition to the Superintendent's office.

c.   All teachers must be qualified for all aspects of their assignments, as determined by
the Board based upon documentation on file with the Superintendent's office and
considering:

i. Compliance with applicable state or federal regulatory standards, including, but not limited to, those standards established as a condition to receipt of foundation, grant, or categorical funding;

ii. Compliance with applicable accreditation requirements;

iii. A teacher's professional training and academic preparation for an instructional assignment that are anticipated to contribute to the teacher's effectiveness in that assignment;

iv. Formal or specialized training in the subject area(s) or grade level(s);

v. Completed college and continuing education courses and professional development in the instructional subject area(s);

vi. A teacher's prior teaching experience that is relevant to an instructional assignment and that is anticipated to contribute to the teacher's effectiveness in that assignment. This may include, but is not limited to, consideration of the following factors:

(1)  the building and department, academic level and grade level;

(2)  instructional subjects;

(3) recency of relevant and comparable teaching assignments; and

(4)  previous effectiveness ratings;

d.   All teachers shall supply to the District current information and documentation supporting the teacher's qualifications, as provided above. Reduction and recall decisions shall be based on the teacher's certification and qualifications, as reflected in the District's records, at the time that such decisions are made. It is the laid-off teacher's responsibility to maintain current contact information (address, phone and e-mail address) in the Superintendent's office. Failure to maintain current contact information may negatively impact the recall of an eligible teacher under this policy;

e.    All teacher reductions and recalls are subject to formal action and approval by the Board of Education;

f.    Before the Board of Education decides to implement a teacher reduction of identified teachers, the Superintendent shall notify, in writing, each affected teacher of an opportunity to respond, either in person or in writing, to the proposed
reduction;

g.   The Superintendent shall provide written notice of Board-approved layoff or recall decisions to each affected teacher; and

h. A teacher's length of service with this District or the teacher's attainment of tenure under the Teachers' Tenure Act shall not be the primary or determining factor in layoff and recall decisions.

a. If the layoff or recall decision involves two or more teachers and each has the same year-end evaluation score used to determine the teacher's effectiveness rating under the performance evaluation system adopted by the Board to implement Section 1249 of the Revised School Code, a tenured teacher has priority over a probationary teacher and, among tenured teachers, the teacher's seniority (as established by the most recent seniority list for the bargaining unit to which the tenured teachers belong) will determine preference for reduction and recall.

A.  Reduction in Staff Process:

All teacher layoff decisions shall be implemented by the following process:

1. If one or more teaching positions are to be reduced, the Superintendent shall first identify the academic level(s) or department(s) affected by the reduction. Among those teachers who are certified, approved, or authorized and qualified to instruct the remaining curriculum within the affected academic level(s) or department(s), selection of a teacher for layoff shall be based upon the year-end evaluation score used to determine each teacher's effectiveness rating under the performance evaluation system adopted by the Board to implement Section 1249 of the Revised School Code.

2. Teachers within the affected academic level(s) or department(s), who are certified and qualified for the remaining positions and who have the highest effectiveness scores will be retained and the teachers within the affected academic level(s) or department(s) who have the lowest effectiveness scores will be laid-off.

3. When a teaching position has been identified for reduction and there exists a concurrently vacant teaching position for which the incumbent teacher in the position to be reduced is both certified and qualified, and if that teacher has received an overall rating of at least "effective" on his/her most recent year-end performance evaluation, that teacher may be assigned to the vacant position unless the Superintendent determines that the educational interests of the District would not be furthered by that assignment.

4. If more than one teacher whose position has been identified for reduction is certified and qualified for a concurrently vacant teaching assignment, the teacher with the highest year-end evaluation score used to determine the teacher's effectiveness rating under the performance evaluation system adopted by the Board to implement Section 1249 of the Revised School Code shall be afforded priority for the assignment unless the Superintendent determines that the educational interests of the District would not be furthered by that assignment.

B. Recall Process

1.  A teacher is eligible for recall under this Policy for 24 months following the month in which the layoff becomes effective.

2. The Superintendent shall first identify the academic level(s) or department(s) where a teaching vacancy exists.

3. Before or in lieu of initiating the recall of a laid-off teacher, the Superintendent may reassign on-staff teachers to fill vacancies in accordance with District Policy 5480 Teacher Placement.

4. After or in lieu of any reassignment of existing teaching staff, the Superintendent may take the following actions to fill a vacancy:

a. Recall the laid-off teacher with the highest effectiveness score on his/her most recent year-end evaluation under the performance evaluation system adopted by the
Board to implement Section 1249 of the Revised School Code and who is certified and qualified for the vacancy.

b.Post the vacancy and consider all applicants if the Superintendent determines (i) that the District's educational interests would not be furthered by recalling the laid-off teacher with the highest effectiveness score on his/her most recent year-end evaluation; or (ii) that no teacher on layoff meets the certification and qualification requirements for the position as otherwise stated herein.

5. The District will provide written notice of the Board's recall decision to any recalled teachers and establish the time within which the teacher must accept recall, in writing, in order to preserve the teacher's employment rights.

6. A teacher who is recalled and fails to accept recall by the time designated in the recall notice or who does not report for work by the deadline specified in the recall notice after filing a written acceptance of recall with the Superintendent, shall forfeit all rights to recall and continued employment unless the Superintendent, in his/her sole discretion, has extended the time limitation, in writing.

Legal Reference: MCL 38.71, et seq; MCL 380.11a (K-12); MCL 380.601a (ISD); MCL 380.1248; MCL 380.1249; MCL 380.1280c; MCL 380.1532; MCL 423.215

Approved:  May 8, 2019

 

5880 FRINGE BENEFITS FOR NON-REPRESENTED STAFF

Fringe benefits shall be granted to all non‑represented employees of the agency according to the following definitions. Exceptions to the following schedule shall be stated in individual contracts and are subject to the approval of the Board.

5880.1   Definitions

Temporary:      Employees who work on a seasonal or otherwise sporadic basis. They may be hired for vacation or sick leave replacements or other temporary assignments such as adult education teachers and substitute teachers, regardless of the hours per day or hours per week worked.

Part‑Time:       Permanent employees who work less than 20 hours per week.

Permanent, Regular School Year Only:

Permanent employees who work in the 184‑day program.

Permanent, Reduced Schedule:

Permanent employees who work 20 hours or more per week, but less than a full work week.

Full‑Time:        Permanent employees who work a full work week and a full year (52 weeks).

5880.2   Benefit Schedule

Temporary:      Paid Retirement
                        Workers Compensation

Part‑Time:       Paid Retirement
                        Workers' Compensation
                        Employees may subscribe to eligible insurance program through payroll deductions. Employee will be required to pay prorated share of cost.

Permanent, Regular School Year Only:

All eligible benefits are prorated according to the time worked; no vacation days.

Permanent, Reduced Schedule:  All eligible benefits are prorated according to the time worked.

Full‑Time: All eligible benefits are prorated according to the time worked.

Approved:       December 11, 2002

5930  LEAVES AND ABSENCES

Leaves and absences for non-certified personnel not covered by a negotiated master contract may include provisions for: 

a.   Sick leave;

b.   Disability leave;

c.   Personal leave;

d.   Military leave;

e.   Business leave;

f.    Jury duty; and

g.   Others as provided by the Board and current law.

Approved:       December 11, 2002

LEGAL REF: 29 USCA §2619; 29 CFR §825.300; 29 CFR 825.301, 29 CFR §825.209 (Family Medical Leave Act)

APPENDIX A
EXAMPLES OF SEXUAL HARASSMENT

Sexual harassment, may include, but is not limited to, the following:

a.   Verbal harassment or abuse;

b.   Pressure for sexual activity;

c.   Repeated remarks with sexual or demeaning implications;

d.   Unwelcome touching;

e.   Sexual jokes, posters, cartoons, etc;

f.    Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, safety, job, or performance of public duties;

g.   In addition, any form of retaliation against the complainant or witness is in itself a form of sexual harassment.

 

[1]   MCL 19.141 Care, preservation, and protection of state buildings and property.  The Department of Education, among others named in the act, may prescribe rules and regulations for the care, preservation, and protection of buildings and property dedicated and appropriated to the public use and the control and conduct of those coming upon the property.  The act authorizes those having control over property and buildings to file a misdemeanor complaint against those who misuse the property.  MCL 750.362 - Larceny by conversion.  Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided under the Michigan Penal Code.  (Underlining added.)