Policy G Personnel
GAAA EQUAL OPPORTUNITY EMPLOYMENT
GAD PROFESSIONAL DEVELOPMENT
OPPORTUNITIES
GAEB PROHIBITION AGAINST RETALIATION
GAED VIOLENCE IN THE WORKPLACE
GAGB CONFLICT OF INTEREST (NEPOTISM)
GAHB STAFF POLITICAL ACTIVITIES
GAIA SOLICITATIONS OF/BY STAFF MEMBERS
GBA COMPENSATION GUIDES AND CONTRACTS
GBKA LAY-OFF (REDUCTION-IN-FORCE)
GBM PROMOTION / IN-HOUSE TRANSFER
GBRHB
CONFERENCES AND VISITATIONS
GBRIF LEAVE WITHOUT PAY AND LEAVE OF ABSENCE
GBRJ ARRANGEMENT FOR SUBSTITUTES
GBRM PERSONAL PHONE CALLS/CELL PHONE USAGE
GBU CODE OF PROFESSIONAL ETHICS
The Enemy Swim Day School Board’s goals are:
1. To employ the best available personnel to staff the school system;
2. To provide attractive compensation and benefits for staff welfare;
3. To develop and implement personnel evaluation processes which will contribute to the improvement of staff capabilities and the learning program;
4. To provide a staff development-training program for all employees to improve the educational program and offer opportunities for growth in the Dakota culture;
5. To assign personnel so as to ensure they are utilized as effectively as possible;
6. To develop a climate to promote high staff performance, morale and satisfaction.
There shall be no discrimination based on race, sex, age, color, religion, handicap or national origin, in hiring, placement, assignment, formal and informal training, promotion, layoff, recall and termination. The legal policy of Indian preference shall be followed.
Fringe benefits will include: Unemployment Insurance
Workman’s Compensation
Social Security
Medicare
Other benefits contingent upon funding: Health Insurance
Vision Plan
Life Insurance
Retirement Plan
Dental Plan
Other employee plans will be offered at the employees’ expense: AFLAC
UNUM Life Insurance
The Superintendent shall be responsible for ensuring that employees are involved in decision-making.
The
Superintendent shall be responsible for coordinating the implementation of a
Pre-service and Inservices for all employees.
Employees shall, as a condition of employment at the School, be required
to participate in the Professional Development each year. The Superintendent may provide for the
implementation of an employee In-service Training Needs Assessment during each
school term to determine employee training needs deemed as most beneficial for
the school term. Whenever appropriate
and available, the Superintendent may work with representatives of the
The School Board will assist staff with reimbursement toward advanced degrees if it is applicable to the employee’s position and/or will increase the employee’s knowledge for school improvement. The employee must agree to remain at the ESDS for at least two contract years (if contract is offered) beyond the reimbursement year. Failure to abide will forfeit professional development funding and the whole amount must be paid in full to the School. Reimbursement will occur when appropriate documentation is provided. The total yearly reimbursement will not exceed $800.00. The yearly professional development calculations will operate on the school year calendar beginning July 1 and end on June 30.
The School Board shall provide employees with a specific process and procedure for resolving work-related complaints that are designed to:
1. Resolve employee complaints at the most immediate administrative level;
2. Limit overall disruptions to the delivery of services to students;
3. Ensure confidentiality and consistency regarding employees and application of policies and procedures;
4. Ensure due process for employees.
The Superintendent shall be responsible for monitoring the administration of policies and procedures regarding employee complaints and grievances, and for ensuring equitable treatment of employees at the School.
A Complaint is the first level of expressing discontent. It is the policy of school to encourage employees to bring their concerns about employment-related situations, such as work-related decisions, workplace rules, working conditions, or any other employment-related matter, to the attention of management. All employees are encouraged to attempt to resolve their concerns at the lowest level whenever possible. If an employees feels their concern has not been addressed, that employee may file a complaint through a formal complaint procedure. All complaints will be addressed fairly and promptly.
A
“Complaint” form and procedures for the form have been developed and are on
file at the Personnel Office. All complaints
shall be filed with the Personnel Office on the approved form and according to
the approved written procedures. It is
the employee’s responsibility to ensure that the form is filled out completely
and that copies of all documents to be considered are in the packet
submitted. No matter shall be considered
as a complaint unless the applicable forms are filled out completely.
Specific steps to be followed in the processing of any employee complaints:
STEP (1): The employee is to complete a complaint form and meet with their immediate supervisor to discuss the complaint in an effort to resolve the difficulty. The supervisor will respond within 2 working days.
STEP (2): If the employee is not satisfied with the decision of their supervisor, the employee shall submit their written complaint within two working days to the Superintendent, with a copy to their immediate supervisor, the Superintendent will respond within 2 working days. The Superintendent’s decision is final. In the event that the Superintendent is the immediate supervisor of an employee who issues a complaint the written complaint will be submitted to the school board for further action.
Grievances are matters that deal with contractual issues. A written grievance form shall be submitted to the Superintendent. Failure of an employee to properly utilize established procedures for processing grievances would result in disciplinary action for: Suspensions, Promotions or Terminations. All Grievances shall be submitted to the school board. The school board will make a decision within five working days. THE DECISION OF THE SCHOOL BOARD SHALL BE CONSIDERED FINAL.
The
Bullying is unacceptable
and shall not be tolerated. No employee or student of the school may bully
another person. Any employee or student
in violation of JCAC will be subject to disciplinary action. Bullying
can be, but is not limited to: verbal, physical, gestures, look, intimidation
or harassment. Staff will treat students and other staff with mutual respect.
Violence occurs whenever anyone inflicts or threatens to inflict physical or emotional injury or discomfort upon another person’s body, feelings or possessions. Violence is not tolerated in school, at school activities, or on school property. Employees who feel they have been threatened by violence will notify their supervisor who is responsible for conducting an investigation. Discipline procedures will be utilized up to and including expulsion or termination.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
A referral program for the Employee Assistance to assist employees to resolve a wide range of personal problems that can have a negative effect on their job performance will be provided.
a. All employees of the School no matter their job title or responsibilities will have access to the EAP.
b. Most problems can be successfully resolved provided that the problem is identified early and proper assistance is obtained.
c. All employees will be given an opportunity to receive employee assistance, however any continual and/or habitual problems affecting their job performance will be addressed solely with the established policies governing disciplinary action.
DRUG
To maintain a safe learning and working environment, and according to regulations established for the Drug Free Work Place Act, the following procedure is established:
Any
Location which school business is conducted, whether at this or any other site
is declared to be a DRUG
1. All employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the workplace. (This includes tobacco usage.) An employee violating the above policy is subject to discipline, up to and including termination.
2. Employees including those individuals assigned to
Any employee who fails the drug-use-screening test conducted under any of the situations above shall have the following process to follow if he/she does not want to accept removal from employment.
A. To dispute the randomness of the selection; file a grievance with the personnel manager within 5 working days. The personnel manager will set up a grievance committee within 5 working days to hear a presentation of the employee’s claims and compare it with the procedure and policy to decide if the employee might have been selected in a prejudicial manner.
B. To dispute the accuracy of the test or the propriety of the sample-handling procedure; since this amounts to a claim against the testing agency, a dispute must be filed within 15 days in order for the employee to be re-tested.
3. Any employee convicted of violating any criminal drug statute must inform the Superintendent of such conviction, (including pleas of guilt and no contest) within five days of the conviction occurring. Failure to inform the school subjects the employee to disciplinary action, up to and including termination. By law, the Board will notify the federal grants officer within 10 days of receiving notice of conviction.
4. The School Board will not cause to employ any person whom has a drug related conviction within the last year.
ALCOHOL USE
Because school employees are involved with children and young adults, they are held to a higher standard concerning alcohol and drug use.
The Board does not intend to intrude into the private lives of its employees, but does request employees to exercise reasonable judgment regarding the use of alcohol while not at work and encourages employees to refrain from abuse of alcohol while an employee with Enemy Swim Day School. The Board requires employees to conduct their work free from the influence of alcohol.
Three-Step Prevention Program:
Steps one: To all employees.
Step two: To employees who request or are recommended by their supervisor.
Step three: To those employees with severe alcohol problems.
Step one will be an annual program to inform all employees of the effects of alcohol.
Step two is a referral for a brief intervention when an employee experiences mild to moderate alcohol problems. The intervention will help the employee identify when and why they exceed responsible personal limits, identify what are the consequences of this excess, increase knowledge about responsible drinking guidelines and strategies to remain within them, and will range from ½ hour to 12 hours dependent on severity.
Step three is a referral for employees with severe alcohol problems. It requires an alcohol assessment, treatment if recommended by the assessment and rehabilitation after treatment. If an employee is convicted of any alcohol related violations the employee will be subject to disciplinary action up to and including termination.
TOBACCO USE
Tobacco-Free Areas and Activities:
All
areas of the school property and student activities are now tobacco-free,
without exception. This includes the
building and grounds, parking lots, student activities, and
Sign Requirements
Signs stating the policy will be clearly posted on the perimeter of the property, at all entrances, and other prominent places. No ashtrays or other collection receptacles for tobacco trash will be placed on the property.
Compliance
Enforcement
of this policy is the shared responsibility of all
Incidents of smoking and/or tobacco use by employees or students are to be documented for supervisor follow-up and/or handled per school policy, as well as evaluated for trends and patterns of noncompliance.
Tobacco Cessation Opportunities
Employees
of the
a. Having romantic or intimate relationship with students.
b. Contributing to the delinquency of a student.
c. Violations of any Child Protection laws and ordinances.
d. Providing overnight or other
lodging of students without parental or legal guardian permission or knowledge
(parental permission also required if a school-sponsored activity).
e. Providing, distributing or consuming of alcohol/drug substances with students.
f. Other unethical conduct of the employee regarding this item as prescribed by community norms.
Sexual harassment is
illegal, unacceptable and shall not be tolerated. No employee or student of the
school may sexually harass another. Any
employee or student will be subject to disciplinary action including possible
termination for violation of this policy.
Definition- Any unwelcome
sexual advance, solicitation of sexual activity by promise of rewards, coercion
or threat of punishment, verbal sexist remarks, or physical sexual assaults
constitutes sexual harassment. This
conduct has the effect of unreasonably interfering with an individual’s
academic or work performance or of creating an intimidating, hostile, or
offensive employment or education environment regardless of intent.
Copies of this policy will
be available at all administrative offices.
Complaints- Any employee
who believes that he or she has been a subject of sexual harassment by a school
employee, administrative person, school board member should report this
incident immediately to the immediate supervisor. If the immediate supervisor is involved in
the activity, the violation should be reported to the supervisor’s immediate
supervisor. Students should report such
incidents to the guidance counselor and/or the appropriate administrator. All reported incidents will be thoroughly
investigated and subject to disciplinary action. Confidentiality consistent with due process
will be maintained. A complaint form must be completed.
Prohibition against retaliation Policy is
applicable.
No school employee shall engage in any outside activities or employment, which interfere with their ability to carry out their regularly assigned duties.
Employees are not permitted to have financial interests which conflict substantially with their official duties, or to engage in a financial transaction as a result of information obtained through their employment with the school.
To prevent situations in which conflict of interest regarding nepotism may arise; the following guidelines shall apply to the selection of personnel by the Board for advertised position vacancies, as well as the assignment of personnel, and supervision of employees at the School:
1. PERSONNEL SELECTION:
School Board members shall excuse themselves from personnel interviewing, selection, or disciplinary action in the event the individual being interviewed, being considered for employment, or if an employee is initiating grievance procedures, or being considered for disciplinary action is an immediate relative of a Board member. By this definition an immediate relative is defined as father, mother, son, daughter, brother, sister, husband, wife, and hunka relatives in that role. Minutes of the Board shall reflect that the related Board member excused themselves from the meeting in which these items are being considered.
2. PERSONNEL SUPERVISION:
The Board shall not assign the direct supervision of any employee to a relative as defined in (1) of this policy.
Staff members are considered to be a part of the community, in which they work and are encouraged to actively involve themselves in community activities. Staff shall refrain from community involvement activities which create a conflict with policies of the school or which may result in a conflict of interest or reduction in employee performance.
Staff can be involved in political activities as long as it does not hinder their job performance or conflict with school policies.
Employees will not sell, solicit for sale, advertise for sale merchandise or services or organize students for such purposes without the approval of the Superintendent. No organization may solicit funds from employees or may distribute flyers related to fund drives through the schools without the approval of the Superintendent. In recognition and support of local custom, those gifts given as part of community activities or in exercise of Dakota customs, (e.g., funeral giveaways) are allowed.
A personnel file shall be maintained for each employee of the School, with access limited to the Superintendent or a designee, the individual employee, and the Business Manager. The Business Manager shall be responsible for personnel file maintenance. It is the responsibility of the employee to submit their appropriate documents to the personnel manager. Contents of the personnel file may include but are not limited to:
1. Application for employment or letter of application
2. Training for employment or letter of application
3. Transcripts, resume credentials
4. Health examination certificate
5. Orientation Certificate (on file)
6. Employment Contract
7. Evaluations
8. Personnel Actions
All personnel records shall be considered confidential as per the Privacy Act. They shall not be open for inspection by unauthorized personnel. Ordinary employee information available to the public shall be limited to the name of employee, the assignment, and the dates of employment.
The school can make salary deductions for required federal or other taxes, employee share of fringe benefits, School debits (lunch ticket, computer, phone, copies, fax, other), Sisseton-Wahpeton Federal Credit Union, and other Tribal Entities, deductions required as garnishment due to legal judgment through Tribal Court, or other deductions at the discretion of the Business Manager.
Salary and Wage Rates: Employee salary shall be based upon rates approved by the School Board, within budget limitations.
Contracts: The Superintendent shall be responsible for the issuance of contracts based on approval of the School Board, and within a format approved by the School Board. The School Board shall determine annually: Employee renewal and non-renewal timelines, wage rates and salaries, contract and wage agreement, special provision (contingent upon funding; probationary period; other appropriated items) for employees, types of and conditions regarding employee leave, timelines for the acceptance or non-acceptance of contracts and wage, fringe benefits for employees, position description updates and revisions, employee contract duration and other considerations regarding conditions of employment evaluation, etc.
The Superintendent shall be responsible for consulting with the School Board and employees regarding conditions of employment. All employees shall sign a contract, which specifies the dates of school days in session, within a school or work term approved by the Board, and shall be responsible for completing the conditions of the contract. Failure of an employee to accept and return a contract or wage agreement issued by the School Board in the time specified will result in the offer of employment of the Board being revoked.
A 1-3 years of experience will be taken into account, if the experience is of similar nature.
The School Board shall approve salary pay period schedule, which is consistent with the overall budget and funding timelines. No salary advances are allowed. No overtime will be paid without prior approval from the Superintendent. There will be no early payroll checks given.
Teachers’ Contract Voluntary Termination: Refer to GBO
TimeKeeping:
An exempt employee is an employee whose primary duty is of the educational profession, supervisory or administration whom is exempt from minimum wage and overtime provisions. Exempt employees will be classified as such according to their level of education and area of responsibility.
An hourly employee is an employee that is guaranteed “time and a half for overtime”. Overtime is not permitted unless the overtime is prior approved by the Superintendent. It is required for employees to clock out when they leave the workplace. Time will be computed on the quarter of the hour basis. Salaries will be computed on actual time recorded on the time card/sheet during employees’ designated work schedule.
All employees are required to clock in and out, themselves, according to procedure.
Direct Deposit: All contractual employees will be paid by direct deposit.
Distribution of Payroll: Checks &/or direct deposit slips can be picked up from the Business Office on payday.
The Superintendent shall be responsible for the development of position descriptions for all employees of the School, for review by the Board. The Board shall approve all positions and position descriptions for every position at the School. Job descriptions will be provided to each employee upon request.
Any persons having regular contact with children are required to complete a background check. The school will only employee those individuals that meet the standard of character according to P.L. 101-630: Indian Child Protection and Family Violence Prevention Act and P.L. 101-647: Crime Control Act.
All positions shall be advertised including a provision for Indian Preference; the School Board may consider Veteran or other preference in addition to the Indian Preference provision.
1. The School Board shall not employ any person whom has not completed a GED or formal high school education program. The TANF afterschool program may employ individuals if they are working towards a GED or a high school education-conditions will be set forth in Afterschool Contract.
2. Any employee required to be certified (teacher, administrator, counselor, coordinator, Superintendent, other) shall be required to submit a copy of their appropriate certificate to the Superintendent for the placement into the employee's personnel file. The Superintendent may suspend salary payment of any employee who is required to have a certificate on file and does not have one on file. Failure of certified employees to submit a certificate is cause for termination of employment.
3. The School Board may request provisional certification for an employee required to be certified for their role when, in their best judgment, the employee possesses the skills, competencies, and experiences. However, this request shall be made only when the Board is unable to acquire a fully qualified employee for the position following advertisement of the position vacancy for two weeks. The Board shall not be responsible for request for re-issuance of a provisional certificate for the subsequent term, nor shall the Board provide payment to the employee for program completion required meeting additional provisional certification requirements.
4. The School Board may require on-going educational participation by an employee as a condition of employment in the event that participation will eventually result in the employee meeting educational degree requirements for their position, or in increasing their competency in their current or anticipated position.
1. ADVERTISEMENT: All position vacancies at ESDS, with exception to those position vacancies which can be filled through employee promotion or transfer policies, GBJ and GBM, will be advertised locally and regionally. Position vacancies must be approved by the Board. The Board may re-advertise position vacancy until the position is filled.
2. REINSTATEMENT: The School Board may reinstate employment of a prior term employee, to a similar position vacancy that occurs, if the employee was, during the previous year, laid-off from their employment due to funding limitations and if the employee was at the time of lay-off in good standing. An employee terminated may not apply until one (1) year after termination.
3. INTERVIEW: No new applicants of ESDS will be employed without completion of personal interview with the School Board. The applicants will be ranked for the filling of the position vacancy. It is at the discretion of the board if interviews will be conducted for individuals for whom promotion, transfer or re-instatement is being considered.
4. EMPLOYMENT PREFERENCE: The Board may consider Indian preference and Veteran’s preference in employment when considering employee selection at the school. Preference may be considered and granted if applicants are considered of equal educational, experience, or skill background.
5. NOTIFICATION OF APPLICANT STATUS: The Administrative staff will notify applicants of their non-selection for a position within two weeks following the selection of an applicant by the Board and the acceptance of a contract by the selected applicant.
6. NON-DISCRIMINATION: All applicants will be considered on the basis of the needs of the school, and the merits and qualifications of the applicants. There shall be no discrimination with regard to applicant age, race, national origin, color, creed, disability, status with regard to public assistance, marital status, sex, religion or present or former employment by the School.
7. APPLICATION REQUIREMENTS: New applicants for positions are required to submit the following information prior to consideration for employment. Failure to provide a complete application may result in the Board not considering the applicant for employment:
a.
b. Resume (if needed)
c. Official transcript of college course work and certifications (if needed)
d. Three letters of references (if needed)
e. The school maintains applicant files for one year. Once an applicant has been selected and contracted for employment their applications remain in their personnel file.
f. A background check is required.
g. Certification of Degree of Indian Blood if applicable
8. EMPLOYEE RECOMMENDATION FOLLOW-UP: The Superintendent will request additional information as needed. The information acquired will remain confidential, and may only be present to and discussed by the Board. Those individuals submitting employment recommendations for applicants may also be contacted regarding the applicant’s potential performance capabilities and other appropriate information. This information will also be confidential. Other appropriate agencies may also be contacted to acquire additional information regarding the suitability of an applicant for employment.
9. BOARD APPOINTMENT: The School Board does reserve the right to make employment appointments for temporary positions without advertisement.
10. RECRUITMENT OF NATIVE AMERICAN INSTRUCTIONAL STAFF: The School Board will strongly recruit Native American Instructional Staff through various strategies to include but are not limited to: Signing Bonuses, Advertisement in Native American newspapers, Grow Our Own Programs, and other incentives.
The Board will make final selection of all school positions, after hearing recommendations from the Superintendent. All candidates shall be considered on the basis of the needs of the School and qualifications. Upon selection, the Personnel Office will notify the applicant within two weeks. The applicants will be ranked for the filling of the position vacancy.
The following will be utilized as a guideline for offering contracts:
Superintendent: Prior to January 15,
Business Manager/Principal/Head Cook/Facility Manager: Prior to February 15
Certified Teaching Staff: Prior to March 15
FACE/ParaEducators/Support Staff: Prior to April 15
TANF: Prior to May 15
In consideration of the sensitive nature of positions involving the education of children, applicants must be able to pass a background check.
All employees, volunteers and substitutes that have regular contact with children are required to complete a background check. The school will only employ those individuals that meet the standard of character according to P.L. 101-630: Indian Child Protection and Family Violence Prevention Act and P.L. 101-647: Crime Control Act.
Copies
of Background checks will be provided by
Teachers and other staff may be assigned to specific duties and grade level placement by the Superintendent/Principal.
Orientation will be provided to employees and individuals assigned to ESDS through employment opportunity programs according to the orientation procedures.
All new employees will be considered to be on probationary status for a period of 90 days from the first day of employment (or prorated according to the terms of the contract). The Board may choose to suspend or terminate an employee at any time during their probationary period. The Board can extend the probationary period up to 30 working days.
Each employee shall be notified as to their immediate supervisor at the onset of their employment. Responsibilities of the supervisor shall include time and attendance, evaluation, technical assistance, consultation, assistance in planning, assistance in problem-solving and conflict resolution, identification of professional development needs and resources, assistance in material and supply acquisition, approval/disapproval of leave according to procedures set by the supervisor, and other duties.
Formal evaluation shall be made by the Superintendent or other authorized administrative personnel, using evaluation procedures recommended by the Superintendent, and approved by the Board. The evaluation will be done by supervisors, and will consist of rating employees in areas such as quality of work; teamwork with other staff, community and students; initiative; dependability, etc., and in comparison of work performance to position description
Evaluation
Process of Non-Instructional Staff
A.
Employee within first (1) year of Employment at
All supervisors shall be responsible for conducting a minimum of (2) employee formal performance evaluations for each employee for whom they provide direct supervision, utilizing a format and process approved by the Board, within the following requirements:
1. Probationary performance evaluations will be completed prior to completion of probation period.
2. Second formal performance evaluation completed at least one month prior to contract insuance of each school term.
3. Results of formal performance evaluations shall be considered as one criterion for contract renewal or non-renewal for the subsequent school term.
4. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
B.
Employee with two to five years or more of
employment at
All supervisors shall be responsible for conducting a minimum of (1) performance evaluation for each employee, for whom they provide direct supervision, utilizing a format and process approved by the Board, with the following requirements:
1. The formal evaluation to be completed by March 1st of each school term.
2. Results of formal performance evaluations shall be considered as one criterion for contract renewal or non-renewal for the subsequent school term.
3. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
Evaluation
of Instructional Staff
A.
Probational Educator (1-2 years ESDS experience)
or Educator on Plan of Assistance
An
Administrator shall be responsible for conducting a minimum of (2) formal
performance evaluations for each employee for whom they provide direct
supervision utilizing a format and process approved by the Board. A
1.
2. First Mentor observation completed by October 30 of each school term.
3. First formal performance evaluation completed by November 30 of each school term.
4. Second
5. Written
6. Second formal performance evaluation and post evaluation conference completed by March 1 of each school term.
7. Professional portfolio will be completed by the second Wednesday of February.
8. Results of evaluations shall be considered as one criterion for contract renewal or non-renewal for the subsequent school term.
9. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
B.
Continuing Contract Educator –
An Administrator shall be responsible for conducting a minimum of (1) formal performance evaluation for each employee for whom they provide direct supervision utilizing a format and process approved by the Board with the following requirements:
1. Formal performance evaluation and post evaluation conference completed by March 1 of each school term.
2. Professional portfolio will be completed by the second Wednesday of February.
3. Results of evaluations shall be considered as one criterion for contract renewal or non-renewal for the subsequent school term.
4. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
C.
Continuing Contract Educator – Master Teacher (7
+ Years of Experience, 15 + graduate credits in professional development,
exceptional evaluation ratings within categories of teaching strategies,
leadership, quality of work, dependability, initiative, etc.)
An Administrator shall be responsible for conducting a minimum of (1) formal performance evaluation every two years or for approving an action research project for each employee for whom they provide direct supervision utilizing a format and process approved by the Board.
1. Formal performance evaluation and post evaluation conference or action research project completed by March 1 every two years.
2. Professional portfolio will be completed by the second Wednesday of February.
3. Results of evaluations shall be considered as one criterion for contract renewal or non-renewal for the subsequent school term.
4. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
The School Board may lay-off an employee due to budget constraints or other conditions which impede the Board’s ability to meet employee contract obligations as to salary payment; an employee that is laid-off due to this type of situation shall have priority in subsequent position vacancies for which they are qualified.
The School Board shall have the authority to implement reduction in force actions in the event of budget limitations; reduction-in-force actions shall be implemented in consultation with staff in an effort to not diminish services to students or impede the on-going operation of the school and its programs. Considerations to be viewed in this type of action include:
1. Basic services required for school operations.
2. Particular funding resources reductions requiring action.
3. Length of service to the School and its students.
4. Positions required meeting accreditation, programming and contracting requirements.
It is the responsibility of employees in administrative and supervisory roles to administer policies in an equitable and consistent manner, for any violations of policy or procedure by an employee for which they provide immediate supervision. These procedures have been established by the School Board to ensure the effective operation of the School for the benefit of the students, and to assure all employees of fair treatment.
The
Superintendent shall have the authority to immediately suspend an employee from
their duties in the event of employee serious misconduct (any act which results
in serious damage to
a. Consult with the immediate supervisor of the employee and the employee (unless the employee is AWOL-Absent without leave) prior to the issuance of suspension action.
b. Receive written recommendation for employee suspension from the immediate supervisor of the employee.
c. Determine methods of administering suspension or other disciplinary action that minimize any potential disruption to services at the school.
d. Report any action taken to the School Board for review.
In instances, where employee performance is not consistent with policies and expectations of the personnel policies and procedures, and are not included under the definition of serious misconduct (such as: Failure to carry out duties, repeated tardiness, insubordination, and other similar performance issues), the following procedure will be initiated in an effort to improve employee performance by the supervisor:
a. Order and Documentation. Documentation of the reason for employee discipline, employee name, dates expected improvement, and signature of the supervisor. This is to be completed by the immediate supervisor of the employee, and a copy given to the employee and a copy placed in the employee’s personnel file. This is to be completed for every instance in which a disciplinary procedure is initiated.
b. Conflict Resolution. It is the intent of this procedure to improve performance through conflict resolution at the lowest administrative level; the procedure will follow the following order:
1. Verbal Reprimand: Documented private conference between the employee and the immediate supervisor to resolve the difficulty in performance.
2. Written Reprimand: Completed in accordance with order and documentation procedures, with copies to the employee, personnel file of the employee, and the Superintendent.
3. Suspension: Initiated by the Superintendent at the Supervisor’s recommendation if unacceptable performance continues following the written reprimand. The suspension notice shall follow documentation procedures as indicated in the order and documentation portion of this handbook. A suspension shall not exceed (10) ten working days; the employee will be assigned LWOP status during any suspensions. If an employee has been suspended for three separate suspensions in one contract year the employee will be referred to the school board for possible termination.
4. Termination: May be implemented by the School Board at the recommendation of the Superintendent if previous efforts at improving performance are not effective. Termination requires Board action, and the employee may appeal the Board’s decision through a hearing with the School Board, which must be held within (5) days of the notice of termination of employment by the Board.
If deemed appropriate, depending upon the nature of the behavior of serious misconduct as defined in this policy, the Superintendent may suspend an employee within the limitations prescribed above and recommend a hearing with the Board to review the matter for determination of any additional disciplinary action, or possible termination of employment at the School.
Behaviors or acts, which constitute misconduct, may include but are not limited to:
1. Missing work without reporting in acquiring leave approval.
2. Use of alcohol or drugs on the job or at school-sponsored activities.
3. Distribution or selling of illegal drugs.
4. Distribution of alcohol or other illegal drugs to students.
5. Physical assault of a student, employee or other individual at the School.
6. Failure to report child abuse or neglect.
7. Failure to use established grievance procedures in working toward a resolution of grievance.
8. Failure to adhere to policies regarding staff-student relations.
9. Conviction of a felony.
10. Immoral conduct as judged by community standards.
11. Repeated gross inefficiency and failure to perform duties after reasonable written notice.
12. Repeated failure to follow established policies and procedures of the Board after reasonable written notice.
13. Theft, misuse or embezzlement of school funds, and property.
14. Falsification or misrepresentation of information for which an employee bears responsibility.
15. Failure to provide adequate supervision of students which results in physical or emotional injury to a student, consistent with the intent of child protection laws.
16. Use of corporal punishment or physical force with students as a disciplinary measure; use of verbal abuse (name-calling); swearing other non-professional communications in dealing with students.
17. Miscommunication regarding the school, students or employees of the school which results in an intentional and purposeful disparagement of the school, students, or employees of the school; this is especially true in public expressions as an employee of the School.
18. Communication of confidential information regarding students or employees of the school which was expressed in confidence and personal matters.
19. Open and public non-support of the School in matters pertaining to situations, grievances, and non-use of appropriate procedures to process concerns, activity, professional relationships, and overall schools climate. That normally results in disruption of normal school activity, professional relationships, and overall schools climate.
20. Inability or failure to adhere to conditions as stated in performance improvement plan.
If an employee does not agree with a suspension action, they must follow established grievance procedures (GAE) to further process their concerns.
There is no tenure policy or provision at the School. Contract renewal or non-renewal shall be based on current term performance for all employees at the School, for each annual contract term.
The School Board may, upon recommendation of the Superintendent and with the consent of the employee, transfer an employee to another position vacancy with the School. Position transfers will take into consideration:
a. The ability of the employee to competently perform the duties and responsibilities of the position vacancy to which employee transfer is being considered;
b. The education, experience, and other background and preparation of the employee in regard to the position vacancy to which employee transfer is being considered;
c. The employee must be properly endorsed and certified or meet other requirements of the position vacancy to ensure standards compliance for accreditation and other requirements of the school;
d. The transfer of the employee to a position vacancy is considered to be in the best interest of students and the overall program of the School.
Position transfers do not require transfer of an employee to a position of equal job status or pay, as the school has established specific salary and wage scales for various position roles at the school.
Voluntary Termination: Any employee wishing to voluntarily resign from his/her position shall give written notice to the Superintendent or the Chairperson of the Board prior to leaving duties: ten working days for noncertified staff or thirty working days for certified staff working days.
Involuntary Termination: The Board shall give consideration prior to any decision to discharge an employee for cause before the expiration of the term of the contract. Notification of these intentions shall be given the employee in writing prior to discharge. The notice shall include the time and place for a special meeting of the Board and specific reasons for such discharge.
If the employee contests the termination the grievance policy will be followed.
The meeting shall be in executive session of the Board unless both the Board and the employee requesting such meeting shall agree that it shall be open to other persons or to the public.
The Board may dismiss an employee, effective immediately, for violations of the code of ethics.
The Board may suspend the staff from regular duty during the determination of violations of policy and code of ethics.
Any certified staff member who breaks a signed contract without school board approval will be penalized $1500.00. The school board can waive or reduce this amount.
Noncertified-Employees wishing to resign their position at the School must provide the Superintendent with a minimum of ten working days notice of separation.
Certified personnel must provide a minimum of 30 days notice. Failure to provide adequate notice or Board’s non-acceptance of resignation or separation request may result in a Board request of certification revocation and a penalty. The Board must approve all resignations or requests for separation from duty.
There
is a 5% employee retirement program at the
School employees shall have a physical examination prior to employment and shall file a medical certificate attesting to their freedom from communicable disease. Such certificate must be filed with the Business Manager. Communicable Disease JGCC Policies pertain to all employees of the Enemy Swim Day School.
The Superintendent shall establish the time schedules as needed.
Staff will abide by the Internet Usage agreement.
Staff meetings will be regularly scheduled to cause as little inconvenience to the staff members as possible.
Each staff member agrees to assume his or her share of duties incidental to the programs of the school, including, extra-curricular activities and community activities as assigned by the Administration.
Employees who are authorized to travel in performance of some special duty shall be reimbursed and other expenses when appropriate as approved by the Superintendent. Authorization for such travel reimbursement must be obtained in writing from the Superintendent prior to incurring such expenses.
Employees shall not engage at any time in any employment that would interfere with their effectiveness in performing regular assigned duties. Employees shall not be employed or involved in any private business during the hours necessary to fulfill appropriate assigned duties. Employees shall not engage in employment that is in conflict of morals or ethics as judged by community standards
Teachers shall not receive money for tutoring any student. The school provides an extended school day program, which allows for extra tutoring as scheduled. Staff are allowed to be compensated for special projects such as reading and math clinic, as approved by the superintendent and school board.
The Superintendent may authorize professional leave for visitations, attendance of personnel at State, regional and national meetings, workshops, and conferences without pay deduction. The Superintendent shall consider the factors of limitations for employing substitutes and reimbursement for travel, meals and lodging.
All staff members are entitled to paid leave each year. (Part-time employees shall have their leave prorated.) Paid leave includes planned or unplanned leave. The administrator, up to the amount contracted to the employee, may approve paid leave. Leave must be requested and approved on a leave slip at least five calendar days in advance (except in the case of illness or emergency). The administrator based on scheduling and availability of appropriate substitutes will approve leave.
All unused leave up to 240 hours may be carried over to the next year. Leave over the balance of 240 hours will be bought from the employee at the rate of $2.00/hour during the next regular payroll period on or about January 2 and July 2 of every year. The leave amount granted in a week will be such that it does not exceed the total number of hours in the employee’s contracted workweek. It will not be granted if it puts an employee into overtime. Temporary employees shall not earn paid leave.
In the case of leaving in good standing, employees will be paid up to half of the leave balance at the time of separation of employment at their regular hourly contract rate.
In the case of leaving in not good standing, the employee will not be compensated for unused leave.
New employees will be allowed to use their accrued leave upon the successful completion of their 90 days probationary period.
In instances of unplanned leave, the employee is required to contact the Administrator at least one hour before scheduled duty time in the event of their absence from their duty station and work area. Failure to report absence will result in AWOL status and be subject to personnel action. If notification is not made, such absence will be charged to leave without pay, written notification of actions and it is considered absence without leave. Even Leave Without Pay (authorized absence but no leave earned or available) must be approved in advance. All leave must be approved in advance, with the exception of unplanned leave.
An employee must have a doctor’s statement if more than 24 hours of leave is taken consecutively without prior approval.
Leave will be at the following rates for school term employees (prorated for others):
0-4 Years at ESDS 5-9 Years at ESDS 10+ Years at ESDS
8 hours per working month 10 hours per working month 12 hours per working month
Educational Leave: Employees of the School that are enrolled in courses in a higher educational institution may be granted four (4) hours per week for educational leave, as long as participation does not significantly interrupt the delivery of instructional services to students. This leave must be reported to the Board.
Leave may be granted for employees who need to comply with a subpoena to appear in a court of law or before a judge, legislative committee, or any officer, board or body authorized to conduct any hearings or inquiry for jury duty. Time off with compensation under these provisions shall not be required to be made up nor shall such time be charged to paid leave. The school will pay the regular salary and any compensation is to be turned into the school.
Unplanned leave may be granted when an employee has an illness or an emergency that is unforeseen. The employee needs to contact the Supervisor ASAP to make arrangements for the absence.
Unplanned leave may be used in the following instances; when an employee is incapacitated due to a personal injury or illness or is receiving dental, medical or optical examination or treatment or when through exposure, his/her presence would jeopardize the health of fellow workers, students, or when it is necessary for an employee to care for a member of his immediate family (members of the employee’s household or legally responsible for) who is ill or injured.
An employee must notify the administrator of absence for unplanned reasons one hour before scheduled duty time. If notification is not made, such absence will be charged to leave without pay with written notification and it is considered absence without leave.
The amount of time charged to leave, when an employee misses a day of work, will equal that employee’s regular contracted hourly day, regardless of the actual length of that school day. (Ex. An employee calls in sick in the a.m. and then school is dismissed at 11:00 a.m. due to weather. A full day will be charged to the employee’s leave.)
Medical and dental appointments for routine work should be made at a time that would not affect the students or the welfare of the school operations. Early departure may be granted by the administrator (with appropriate prior notice) and no charge to leave will be made to any personnel who schedules doctors appointments and leave after dismissal with a doctor’s note/documentation (if there are not any scheduled meetings or events that will be missed; i.e. Staff meetings, IEP meetings, etc.)
The administrator (such as for late arrival) may grant unplanned leave at other times deemed appropriate. Leave used in excess of earned paid leave shall be charged to leave without pay.
An employee may utilize leave up to 12 weeks for the delivery or adoption of a child. Leave without pay is granted by the School Board for time in excess of accrued paid leave.
Any employee
who is a member of the national guard, member of the armed forces reserve,
subject to call in the federal service by the President of the
If such a person has been in the continuous employment of the Enemy Swim Day School for 90 working days immediately preceding the leave of absence, the first fifteen days of such leave shall be without loss of pay.
A maximum of three days leave without loss of pay and with no charge to paid leave for the death of an immediate family member (Grandparent, parent, spouse, son, daughter, brother, sister, mother-in-law, father-in-law, or grandchild).
Leave without pay or leave of absence is a temporary non-pay status from regular duties. Leave without pay (LWOP) is a short-term leave (that may not exceed two months) when the employee has exhausted all other leave. Leave without pay must be approved by the administrator. Leave of absence is a long-term leave without pay for up to one year. A leave of absence may be granted only if it is determined that the leave will be of mutual benefit and interest to the School and the employee. Leave of absence and leave without pay must be requested in writing to the administrator stating for what purpose, when it shall start, and when it shall end. The School Board must approve the request. Any employee on leave of absence status is not entitled to any benefits accrued during that period.
An Employee shall be considered absent without leave (AWOL) when s/he fails to report for work without prior approval of leave, does not give proper notification or does not have an acceptable excuse for absence. AWOL places an employee on non-pay status, but it is not considered a suspension. Such leave shall be cause for disciplinary action on an annual basis as follows: After two (2) occurrences of AWOL, a letter will be sent to the employee and a copy will be put in the employee’s personnel file. At the third (3rd) instance, the Superintendent will recommend appropriate action to the Board. Three (3) AWOL are grounds for termination.
Selection:
1. Personnel shall select substitute personnel as required from an approved list. If the substitute is needed in the teaching area, preference should be given to those approved persons who are certified to teach.
2. All substitutes are required by the Board to have an application form completed, a successful background check and approved by the School Board.
Substitute rates will be set yearly at the re-organizational meeting.
All twelve month employees must schedule a five day vacation unless it puts them into leave without pay status.
Due to the numerous interruptions from telephone calls during the hours of the school day, there is a need to limit the amount of personal telephone calls employees are receiving. Telephone calls/messages will be forwarded to voice mail boxes (unless in an emergency). Cell phone usage should be limited to professional emergency use only, this includes texting.
Employees who prepare material concerning or relating to ESDS are required to submit materials to the school board for review and approval prior to publication.
Employees who desire to copyright or patent, and to market, material prepared totally or partially on school time, shall submit a copy of such material to the School Board for approval. The material shall be accompanied by the following information:
1. The names of persons who participated in preparation of the material;
2. The percentage of duty time spent by these persons during preparation;
3. A statement as to whether royalties would be waived in any
purchase of the material which might be made by the
The
School Board may authorize the sale of copies of, or reproduction rights to,
instructional material prepared by the
Obligation to Students. In fulfilling their obligations to the students, educators shall:
1. Not without just cause restrain students from independent action in their pursuit of learning, and shall not without just cause deny to the students access to varying points of view.
2. Not deliberately suppress or distort subject matter for which they bear responsibility.
3. Make reasonable effort to maintain adequate discipline and order in the classroom and the school system to protect the students from conditions harmful to learning, health and safety.
4. Conduct professional business in such a way that they do not expose the students to unnecessary harassment, embarrassment or disparagement.
5. Not for reasons of race, color, creed, sex, national origin, marital status, political affiliation, or family, social or cultural background exclude any students from participation in or deny them benefits under any program, nor grant any discriminatory consideration or advantage.
6. Not use professional relationships with students for personal gain.
7. Keep in confidence information that has been obtained in the cause of professional service, unless disclosure serves professional purposes or is required by law.
8. Not tutor for remuneration students assigned to their classes unless no other qualified educator is reasonably available.
9. Shall maintain professional relationships with students in a manner, which is free of vindictiveness and recrimination.
Obligations to the Public. In fulfilling their obligations to the public, educators shall:
1. Not misrepresent an institution or organization with which they are affiliated, and shall take adequate precautions to distinguish between their personal views and institutional or organizational views.
2. Not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.
3. Not interfere with a colleague’s exercise of political and citizenship rights and responsibilities.
4. Not use institutional privileges for private gain or to promote political candidates or partisan political activities.
5. Accept no gratuities, gifts or favors that might impair or appear to impair professional judgment, nor offer any favor, service, or thing of value to obtain special advantage.
6. Engage in no act that results in a conviction.
7. Commit no act of moral turpitude or gross immorality.
8. Not misuse or abuse school equipment or property.
Obligations to the Profession. Fulfilling their obligations to the profession, educators shall:
1. Not interfere with the free participation of colleagues in the affairs of their associations.
2. Accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
3. Not use coercive means or promise special treatment in order to influence professional decision of colleagues.
4. Maintain confidentialuality of professional information acquired about colleagues in the course of employment, unless disclosure serves professional purpose.
5. Not misrepresent their professional qualifications.
6. Not knowingly distort evaluation of colleague.
7. Not disparage a colleague before others nor criticize a colleague before students.
8. Discuss professional matters concerning colleagues in a professional manner.
9. Use sound professional judgment in delegating professional responsibilities to others.
10. Not knowingly misrepresent their professional qualifications.
11. Cooperate with authorities and the commissions regarding violations of the codes of ethics of the South Dakota Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission.
12. Perform duties in accordance with local, tribal, state, and federal rules and laws.
Obligations to Professional Employment Practice. Fulfilling their obligation to professional employment practices, educators shall:
1. Apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
2. Apply for a specific position only when it is known to be vacant, and shall refrain from underbidding or commenting adversely about other candidates.
3. Not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
4. Give prompt notice to the employing agency of any change in availability of service; and the employing agency of any change in availability or nature of a position.
5. Adhere to the terms of a contract or appointment unless the contract has been legally terminated, legally voided or substantially altered, without prior consultation with the effected parties.
6. Conduct professional business through channels that have been developed and approved by the employing agency, when available.
7. Not delegate assigned professional responsibilities to unqualified personnel.
8. Permit no commercial exploitation of their professional position.