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|
CA |
Standard 3 is as follows: The school board assigns all executive and
administrative duties to the superintendent, who is properly licensed and
chosen in the manner prescribed by law.
{MS Code 37-6-3 (3-4); 37-9-7, 13, 14; 37-19-1(d); and 37-61-9}
The superintendent and other central office
administrators take active leadership roles in the implementation of
educational policies and programs.
Active leadership on the part of the administration ensures
successful implementation of School Board policies and continual improvement of
the educational system.
The district's administrative organization shall be
designed so that all divisions and departments of the central office and all
schools are part of a single system guided by Board policies which are
implemented through the superintendent.
Principals and central office administrators are expected to administer
their units in accordance with Board policy and the superintendent's rules and
procedures. In addition, vision,
initiative, resourcefulness, and wise leadership are essential for effective
administration.
The School Board shall be responsible for clearly
specifying requirements and expectations of the superintendent, holding the
superintendent accountable by evaluating how well those requirements and
expectations have been met. The
superintendent shall be responsible for clearly specifying requirements and
expectations for all other administrators and holding each of them accountable.
ADMINISTRATIVE OPERATIONS
The School Board delegates to the superintendent
responsibility for the administration of the schools. His/her authority to administer stems not
only from this action but also from powers conferred upon him/her by the
Mississippi School Laws and the regulations of the State Board of Education.
To guide the superintendent in determining the
pattern of his/her administrative operations, the Board offers the following
statements of intent:
1. The Board will devote its major effort
to clarifying and establishing goals for the school system, to weighing and
adopting policies to guide the professional staff, to appraising results
achieved in relation to the goals, and to performing such ministerial functions
as required by law and state regulations.
2. The Board does not wish unnecessary
barriers erected between itself and members of the professional staff, or
between and among residents and parents of the city, students of the schools,
and members of the professional staff.
The Board values the most free interchange of ideas as preeminently
desirable in the school system. Nothing
should be allowed to interrupt the free and open flow of ideas and assistance
among personnel at every level.
3. The Board encourages the superintendent
to keep abreast of and to apply the best known administrative concepts and
procedures designed to harness the total talents of the school system's
personnel in enthusiastic pursuit of the schools' goals.
LINE OF RESPONSIBILITY
Each employee of the school district, except the
Board attorney, shall be responsible to the Board of Trustees through the
superintendent.
From students, responsibility flows directly through
teachers, principals, assistant superintendent, superintendent, to the Board.
Whenever possible, each member of the staff shall be
made responsible to only one immediate superior for any one function.
Each member of the staff shall be told to whom
he/she is responsible, and for what functions.
All personnel shall refer matters requiring administrative
action to the administrative officer immediately in charge of the area in which
the problem arises. Administrative
officers shall refer such matters to the next higher authority when necessary.
LINE AND STAFF RELATIONSHIPS
The central office administrative staff is
responsible for over-all system-wide educational leadership and for
coordinating the educational program within policy established by the
Board. All system-wide services emanate
from the central office. All official system-wide committees, councils, and
coordinating groups shall be based in the central office.
The principal of each school is the responsible
administrator in the building. All
personnel, both professional and non-instructional, who work in the school
either on a full or part-time basis are responsible administratively to the
principal. All contacts with personnel,
instructional or non-instructional, are made through the principal's office.
Major goals of administration in the district shall
be to:
1. Manage the district's various
departments, units, and programs effectively;
2. Provide professional advice and counsel
to the Board and to advisory groups established by Board action. Preferably, where feasible, this will be done
through reviewing alternatives, analyzing the advantages and disadvantages of
each, and recommending a selection from among the alternatives;
3. Implement the management function so as
to assure the best and most effective learning programs, through achieving such
subgoals as (a) providing leadership in keeping abreast of current educational
developments; (b) arranging for the staff development necessary to the
establishment and operation of learning programs that better meet more learner
needs; (c) coordinating cooperative efforts at improvement of learning
programs, facilities, equipment, and materials; and (d) providing access to the
decision making process for improvement ideas of staff, students, parents, and
others.
LEGAL REF.: MS CODE as cited
CROSS REF.: Policies ABB
— Board Powers and Duties
BA — Board
Operations Goals and Objectives
CEB — Duties of
Superintendent
CC —
Organization Charts
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ETHICS |
CB |
An educational administrator’s professional behavior must conform to an ethical code. The code must be idealistic and at the same time practical, so that it can apply reasonably to all educational administrators. The administrator acknowledges that the schools belong to the public they serve for the purpose of providing educational opportunities to all. However, the administrator assumes responsibility for providing professional leadership in the school and community. The responsibility requires the administrator to maintain standards of exemplary professional conduct. It must be recognized that the administrator’s actions will be viewed and appraised by the community, professional associates, and students. To these ends, the administrator subscribes to the following statements of standards.
The educational administrator:
· Makes the well-being of students the fundamental value of all decision-making and actions.
· Fulfills professional responsibilities with honesty and integrity.
· Supports the principle of due process and protects the civil and human rights of all individuals.
· Obeys local, state, and national laws and does not knowingly join or support organizations that advocate, directly or indirectly, the overthrow of the government.
· Implements the governing board of education’s policies and administrative rules and regulations.
· Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals.
· Avoids using positions for personal gain through political, social, religious, economic, or other influence.
· Accepts academic degrees or professional certification only from duly accredited institutions.
· Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.
· Honors all contracts until fulfillment, release, or dissolution mutually agreed upon by all parties to contract.
Source: Statement of Ethics for School Administrators, American Association of School Administrators (1981)
CROSS REF.: CEB — Duties of Superintendent
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ADMINISTRATIVE AND SUPERVISORY PERSONNEL
POSITIONS |
CBG |
All
administrative and supervisory positions in this district are established
initially by the Board of Trustees, or by Mississippi School Laws, or by
regulations of the State Board of Education, or by a combination thereof.
It is
the intent of the Board of Trustees to activate such positions sufficient to
promote the attainment of our schools’ goals.
In each
case, the Board will approve the purpose and function of the position in
harmony with state laws and regulation, approve a statement of job requirements
as recommended by the superintendent, and delegate to the superintendent the
task of writing, or causing to be written, a job description for the position.
The
Board directs the superintendent to maintain continuously a comprehensive,
coordinated set of job descriptions for all such positions so as to promote
efficiency and economy in the staff’s operations.
Although
positions may remain temporarily unfilled, only the Board may abolish a
position.
This
School Board selects all district personnel in the manner provided by law.
LEGAL
REF.: MS CODE 37-7-301 (p) (1993)
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ORGANIZATION CHARTS |
CC |
The
legal authority of the School Board is to be conveyed through the
superintendent by the organizational charts for the district.
The
School Board assigns all executive and administrative duties to the
superintendent who is properly certified and chosen in the manner prescribed by
law. The term superintendent refers to
the chief administrative officer of this school district. MS CODE 37-6-3 (3-4);
37-9-7, 13, 14; 37-19-1 (d), 37-61-9
The
effective operation of schools in the district requires an organizational
structure, effective administrative leadership at every level of
responsibility, decision-making at the point in the structure where the
decision can most effectively be made, the communication between individuals
affected by decisions made. It is the
function of leadership at every level to examine relevant facts and
alternatives and to involve appropriate individuals in the process of reaching
a decision. It is the responsibility of
leadership to develop ways and measures that provide effective
communication. Once a decision has been
made, it is the function of administration and of persons affected by such
decisions, not only to follow through to assure implementation but also to
evaluate continuously these decisions and to recommend revisions they think
should be made.
See
Standard 3,
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LINE AND STAFF RELATIONS |
CD |
The School Board directs the superintendent to inform all personnel regarding the working relationships in the school system.
Lines
of direct authority shall be those approved by the Board and shown on the
district organization charts.
(See
Policy CC.)
Personnel shall refer matters requiring administrative action to the administrator to whom they are responsible. That administrator shall refer such matters to the next higher administrator when necessary. All personnel shall keep the immediate administrator informed of their activities.
Personnel
shall have the right to appeal any decision made by an administrative officer
through grievance procedures established through Board policy.
The
established lines of authority represent direction of authority and
responsibility. When the staff is
working together, the lines represent avenues for a two-way flow of ideas to
improve the program and operations of the school system.
The
superintendent is directly responsible to the Board of Trustees, and all
matters to be brought before the Board shall be presented to the
superintendent.
See
Standard 3,
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SCHOOL SUPERINTENDENT –
SELECTION/QUALIFICATIONS |
CE/CEA |
This
school district shall have a Superintendent of Schools, selected in the manner
provided by law.
The
School Board assigns all executive and administrative duties to the
superintendent who is properly certified and chosen in the manner prescribed by
law. The term superintendent refers to
the chief administrative officer of any participating school district.
The
superintendent shall hold a valid administrator’s license issued by the
Mississippi Department of Education and shall have had not less than four (4)
years of classroom or administrative experience.
LEGAL
REF.: MS CODE §37-6-3 (3-4); 37-9-7, 13,
14; 37-19(d); and 37-61-9
See
Standard 3,
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SCHOOL SUPERINTENDENT DUTIES |
CEB |
Subject
to review by this School Board, administrative control and direction of this
school district shall be vested in the superintendent. He shall have the authority to take the
actions necessary to secure effective and efficient operation of the school
system, consistent with the policies of the board of Trustees, provisions of
the school laws and regulations of the State of
As
executive officer of the School Board, the Superintendent of Schools shall
interpret the policies of the Board of Trustees and shall establish administrative
procedures and regulations necessary for implementation of said policies.
The School Board assigns all executive and
administrative duties to the superintendent, who is properly licensed and
chosen in the manner prescribed by law. {MS Code 37-6-3(3-4); 37-9-7, 13, 14;
37-19-1(d); and 37-61-9}.
(1) It shall be the duty of the
superintendent to administer the schools within this district and to implement
the decisions of the School Board. The
superintendent shall include as part of his/her duties all process and
performance standards required by the state as well as those imposed by law and
local district policies.
(2) In addition to all other powers,
authority and duties imposed or granted by law, the superintendent shall have
the following powers, authority and duties:
(a)
To enter into contracts in the manner provided by law with each
assistant superintendent, principal and teacher of the public schools under his/her supervision,
after such assistant superintendent, principal and teachers have been selected
and approved in the manner provided by law.
(b) To enforce in the public schools of the
school district the courses of study
provided by law or the rules and regulations of the State Board of Education,
and to comply with the law with
reference to the use and distribution of free textbooks.
(c) To administer oaths in all cases to
persons testifying before him/her relative to disputes relating to the schools
submitted to him/her for determination, and to take testimony in such cases
as provided by law.
(d) To examine the monthly and annual
reports submitted to him/her by principals and teachers for the purpose of
determining and verifying the accuracy thereof.
(e) To preserve all reports of
superintendents, principals, teachers and other school officers, and to deliver
to his/her successor or clerk of the Board of Supervisors all money, property,
books, effects and papers.
(f) To prepare and keep in his/her office a
map or maps showing the territory
embraced in his/her school district, to furnish the county assessor with a copy
of such map or maps, and to revise and correct same from time to time as
changes in or alterations of school districts may necessitate.
(g) To keep an accurate record of the names of all the members of the School Board showing the districts for which each was elected or appointed, the post office address of each, and the date of expiration of his/her term of office. All official correspondence shall be addressed to the School Board and notice to such members shall be regarded as notice to the residents of the district and it shall be the duty of the members to notify such residents.
(h) To deliver in proper time to the
assistant superintendents, principals, teachers and Board members such forms, records
and other supplies which will be needed during the school year as required by
law or any applicable rules and regulations, and to give to such individuals
such information with regard to their duties as
may be required.
(i) To make to the School Board reports for
each scholastic month in such form as the School Board may require.
(j) To distribute promptly all reports,
letters, forms, circulars and instructions which he/she may receive for the use
of school officials.
(k) To keep on file and preserve in his/her
office all appropriate information concerning the affairs of the school
district.
(l) To visit the schools of his/her school
district in his/her discretion, and to require the assistant superintendents,
principals and teachers thereof to perform their duties as prescribed by law.
(m) To observe such instructions and
regulations as the School Board and other public officials may prescribe, and
to make special reports to these officers whenever required.
(n) To keep his/her office open for the
transaction of business upon the days and during the hours to be designated by
the School Board.
(o) To make such reports as are required by
the State Board of Education.
(p) To make an enumeration of educable
children in the school district as prescribed by law.
(q)
To keep in his/her office and carefully preserve the public school
record provided, to enter therein the proceedings of the School Board and his/her decision upon cases
and his/her other official acts, to
record therein the data required from the monthly and term reports of
principals and teachers, and from the summaries of records thus kept.
(r) To
delegate student disciplinary matters to appropriate school personnel.
(s) To make assignments to the various
schools in the district of all noninstructional and nonlicensed employees and
all licensed employees, as provided in Sections 37‑9‑15 and 37‑9‑17,
and to make reassignments of such employees from time to time; however, a
reassignment of a licensed employee may only be to an area in which the
employee has a valid license issued by the State Department of Education. Upon request from any employee transferred,
such assignment shall be subject to review by the School Board.
(t) To employ substitutes for licensed employees,
regardless of whether or not such substitute holds the proper license, subject
to such reasonable rules and regulations as may be adopted by the State Board
of Education.
(u) To comply in a timely manner with the
compulsory education reporting requirements prescribed in Section 37-13-91 (6)
(v) To perform such other duties as may be
required of him/her by law.
(w) To notify, in writing, the parent,
guardian or custodian, the youth court and local law enforcement of any
expulsion of a student for criminal activity.
(x) To notify the youth court and local law
enforcement agencies, by affidavit, of the occurrence of any crime committed by
a student or students upon school property or during any school-related
activity, regardless of location and the identity of the student or students
committing the crime.
(y) To employ and dismiss noninstructional
and nonlicensed employees as provided by law.
(3)
All funds to the credit of a school district shall be paid out on pay certificates issued by the
superintendent upon order of the School Board of said school district properly
entered upon the minutes thereof, and all such orders shall be supported by
properly itemized invoices from the vendors covering the materials and supplies
purchased. All such orders and the
itemized invoices supporting same shall be filed as a public record in the
office of the superintendent for a period of five (5) years. The superintendent shall be liable upon
his/her official bond for the amount of any pay certificate issued in violation
of the provisions of this section. The
School Board shall have the power and authority to direct and cause warrants to
be issued against such district funds for the purpose of refunding any amount of
taxes erroneously or illegally paid into such fund when such refund has been
approved in the manner provided by law.
(4) The Superintendent of Schools shall be
special accounting officer and treasurer with respect to any and all district
school funds for his/her school district.
He/She or his/her designee shall issue all warrants without the
necessity of registration thereof by the chancery clerk. Transactions with the depositories and with
the various tax collecting agencies which involve school funds for such school
district shall be with the Superintendent of Schools, or his/her designee.
(5) The
Superintendent of Schools will have no responsibility with regard to
agricultural high school and junior college funds. All agricultural high school and junior
college funds shall be handled and expended in the manner provided for in
Sections 37‑29‑31 through 37‑29‑39.
(6) It shall be the duty of the
Superintendent of Schools to keep and preserve the minutes of the proceedings
of the School Board.
(7)
The Superintendent of Schools shall maintain as a record in his/her
office a book or a computer printout in which he/she shall enter all demands,
claims, and accounts paid from any funds of the school district. The record shall be in a form to be
prescribed by the State Auditor. All
demands, claims and accounts filed shall be preserved by the Superintendent of
Schools as a public record for a period of five (5) years. All claims found by the School Board to be
illegal shall be rejected and disallowed.
All claims which are found to be legal and proper shall be allowed and
ratified as paid by the Superintendent of Schools. All claims as to which a continuance is
requested by the claimant and those found to be defective but which may be
perfected by amendment shall be continued.
The Superintendent of Schools shall issue a pay certificate against any
legal and proper fund of the school district in favor of the claimant in
payment of claims. The provisions of
this section, however, shall not be applicable to the payment of teachers'
salaries, salaries of drivers of publicly owned school buses, travel advances,
amounts due private contractors, or other obligations where the amount thereof
has been previously approved by a contract or by an order of the School Board
entered upon its minutes, or by inclusion in the current fiscal year budget,
and all such amounts may be paid by the Superintendent of Schools by pay
certificates issued by him/her against the legal and proper fund without
allowance of a specific claim therefor as provided in this section, provided
that the payment thereof is otherwise in conformity with law.
MS Code §37‑9‑14
(1999)
LEGAL REF.: MS CODE as cited
CROSS REF.
Policies ABB — Board Powers and Duties
CA —
See
Standard 3,
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APPOINTED SUPERINTENDENT -
RECRUITMENT |
CEC |
When an opening in the
superintendency occurs, this Board shall make every effort to fill the position
with the most capable person available.
This Board shall consider only those candidates who meet both state and
local qualifications and who display the ability to successfully carry out the
duties of superintendent.
This Board shall solicit
applications from qualified members of the staff and may list the vacancy with
placement offices at selected educational institutions in
Applications for the
superintendency shall be screened and those candidates who appear to be most
promising shall be interviewed. This
Board shall endeavor to conduct interviews on a school day so that applicants
may visit the schools of the district while they are in session. This Board may, at its option, utilize the
services of the departing superintendent and/or of an outside consultant in
both recruiting and interviewing candidates for the superintendency.
Standard 3 is as follows:
The school board assigns all executive and administrative duties to the
superintendent, who is properly licensed and chosen in the manner prescribed by
law. {MS Code 37-6-3(3-4); 37-9-7, 13, 14; 37-19-1(d); and 37-61-9}
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APPOINTED SUPERINTENDENT -
APPOINTMENT |
CED |
This School Board has the power and authority to
select a superintendent in the manner provided by law. §37‑7‑301
(p)
It shall be illegal for the superintendent to be
elected by this School Board if said superintendent is related within the third
degree by blood or marriage according to common law to a majority of the
members of the School Board. No member
of the School Board shall vote for any person as superintendent who is related
to him/her within the third degree by blood or marriage or who is dependent
upon him/her in a financial way. Any
contract entered into in violation of the provisions of this section shall be
null and void. §37‑9‑21
(1997)
This School Board has the power and authority, in
its discretion, to employ the superintendent, unless such superintendent is
elected, for not exceeding four (4) scholastic years. In such case a contract shall be entered into
with such superintendent for the number of years for which he/she has been
employed. §37‑9‑25
The superintendent of this school district, before
entering upon the duties of his/her office, shall furnish a good and sufficient
surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00),
with sufficient surety. Such bond shall
be filed and recorded in the office of the clerk of the chancery court in which
this school district is located, and shall be payable, conditioned and approved
in the manner provided by law. The
premium on said bond shall be paid out of the school district maintenance fund.
§37‑9‑27
A new bond in an amount not less than that required
by law shall be secured upon employment and coverage shall continue by the
securing of a new bond every four (4) years concurrent with the normal election
cycle of the Governor or with the normal election cycle of the local government
applicable to the employee. §
NOTE: In order to assure compliance with statutes
related to Nepotism and to Conflict of Interest, please ensure compliance with
MS Code statutes cited above and with Sections 25-4-25 through 25-4-29;
25-4-105; 37-11-25 and 37-11-27; and with Article 4, Section 109 of the MS Constitution.
Standard 3 is as follows: The school board assigns
all executive and administrative duties to the superintendent, who is properly
licensed and chosen in the manner prescribed by law. {MS Code 37-6-3(3-4);
37-9-7, 13, 14; 37-19-1(d); and 37-61-9}
LEGAL REF.: MS
CODE as cited
CROSS REF.: Policy
CEA — Superintendent Qualifications
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SUPERINTENDENT’S
COMPENSATION AND BENEFITS |
CEE |
If any superintendent, other than those elected, who
has been elected and approved shall not execute and return the contract within
ten (10) days after same has been tendered to him for execution, then, at the
option of the School Board the election of the superintendent and the contract
tendered to him shall be void and of no effect. §37-9-23
In employing and contracting with appointed
superintendents, the School Board shall in all cases determine whether the
amount of salary to be paid such superintendent, is in compliance with the provisions of Chapter 19 of title 37. No contract shall be entered into where the
salary of a superintendent, is to be paid in whole or in part from minimum
education program funds except where the
requirements of said chapter as to the amount of such salary are fully
met. Nothing herein shall be construed,
however, to prohibit any school district from increasing the salaries of
appointed superintendents, above the amount fixed by said chapter, provided
that the amount of such increase is paid from funds available to such district
other than minimum program funds. §37‑9‑33
The amount of the salary to be paid any appointed
superintendent shall be fixed by the School Board, provided that the
requirements of Chapter 19 of title 37 are met as to superintendents paid in
whole or in part from minimum education program funds. In employing such superintendents and in
fixing their salaries, the School Boards shall take into consideration the
character, professional training, experience, executive ability and teaching
capacity of the superintendent. It is
the intent of the Legislature that whenever the salary of the school district
superintendent is set by a School Board, the Board shall take into
consideration the amount of money that the district spends per pupil, and shall
attempt to insure that the administrative cost of the district and the amount
of the salary of the superintendent are not excessive in comparison to the per
pupil expenditure of the district. §37‑9‑37
The annual salaries so fixed shall be made payable
in equal monthly or, within the discretion of the School Board, in equal
semimonthly installments for the number of scholastic months for which the
school is to be operated. An appointed superintendent who completes the entire
scholastic year shall be entitled to payment for the full number of monthly
payments provided by the contract without regard to his activity at the time
when his services are not required by the school. If an
appointed superintendent is released during the school term by agreement between the School Board and such
superintendent then such superintendent
shall be entitled to such proportion of the
annual salary as the time which he shall have taught shall bear to the
total school term, and any balance which may be due him shall be paid at such
time as the Board may determine, but not later than the close of the current
scholastic year. Provided further, that
upon written request when entering into an employment contract, a
superintendent may within the discretion of the School Board, be paid twice a
month on the 15th of the month or the last working day prior to the 15th and on
the last regular school day of each month except for the month of
December. §37‑9‑39
The salaries of superintendents shall be paid by pay
certificates issued by the school district superintendent. Such pay certificates may be issued without
additional authorization of the School Board where the amount of salary has
been fixed and a contract entered into as is provided in this chapter. All pay certificates shall be preserved by
him as a part of the official records of his office for the same time and in
the same manner as other records are preserved.
Except as is herein provided, the said warrants shall be governed in all
respects by the same laws regulating the issuance of other warrants for other
purposes. All pay certificates and
warrants issued shall show the gross amount of the salary and all authorized
deductions therefrom for income taxes, social security, retirement contributions
and other lawful purposes. §37‑9‑41
It shall be unlawful for any appointed
superintendent to be paid for any
services as such until a written contract has been executed as is provided and
required by this chapter. If any school
district superintendent or assistant superintendent shall make any such payment
prior to the execution of the contract he shall be civilly liable for the
amount thereof, and, in addition, shall be liable upon his bond. If any appointed superintendent shall
willfully and without just cause breach his contract and abandon his employment
he shall not be entitled to any further salary payments either for services
rendered prior to such breach or for services which were thereafter to have
been rendered. Nothing in this section,
however, shall prevent the employment and payment of substitute teachers
without a written contract. §37-9-43
It shall be unlawful for the Superintendent of
Schools to deduct or permit to be deducted from the salary of any
superintendent any dues, fines or penalties payable or alleged to be payable
because of the membership of such superintendent in any organization or
association. However, dues or premiums
in health associations or corporations and tax sheltered annuity deductions
authorized by the United States Internal Revenue Code may be deducted upon
written authorization from the superintendent involved. Any Superintendent of Schools who shall make
any such deduction or permit any such deduction to be made, except those herein provided, shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more than
Twenty‑five Dollars ($25.00) for each such deduction. §37‑9‑49
LEGAL REF.: MS CODE as cited
CROSS REF.: Policy DJCA —
Payroll Procedures
|
SUPERINTENDENT PROFESSIONAL DEVELOPMENT
OPPORTUNITIES |
CEG |
The
School Board shall encourage the superintendent to pursue his/her own
professional development.
To
allow him/her to keep the Board and professional staff informed of new and
promising educational developments, the superintendent is urged to attend educational
conferences, seminars, and workshops, and other professional meetings, visit
other school systems, and use other means to be informed about modern
educational thought and practices. The
superintendent shall give prior notice to the Board president of any
professional meetings which will cause him/her to be absent from the district
for more than three days. Expenses
incurred in such service, when authorized by the Board, shall be paid from the
school fund as an expense of school administration.
The
superintendent and other central office administrators shall attend required
sessions of the School Executive Management Institutes.
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SUPERINTENDENT CONSULTING |
CEH |
The
superintendent shall devote his/her time to the supervision of the school district. Only by prior agreement with the Board may
the superintendent undertake for remuneration consulting work, speaking
engagements, or other professional obligations.
CAUTION IS ADVISED: Superintendent should review
ethics laws (§25-4-101 et seq.). Acceptance of offers for consulting work,
speaking engagements, etc., which come due to his/her position as
superintendent may violate ethics laws.
MS CODE §24-4-101 et seq.
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SUPERINTENDENT EVALUATION |
CEI |
This
School Board shall evaluate the superintendent annually in the manner
prescribed by the State Department of Education. The school district implements a formal
appraisal system for licensed staff that includes assessment of employee
on-the-job performance.
Standard
9 is as follows: The school district
implements a formal personnel appraisal system for licensed staff that includes
assessment of employee on-the-job performance. {MS Code 37-3-46(b)}
MS CODE 37-3-46 (b)
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APPOINTED SUPERINTENDENT SEPARATION |
CEJ |
It shall be the policy of the School Board of this
school district to provide the highest possible quality of education for the
students enrolled in the schools of this district. In order to achieve this goal, it is
recognized that it may be necessary to release the superintendent from future
employment when his/her performance fails to meet the standards established by
the State Board of Education and/or this Board.
In the event that a determination is made by this Board not to offer the superintendent a renewal contract for a successive year, written notice of nonrenewal shall be given the superintendent on or before February 1.
Any nonreemployment decision of this Board shall be
rationally related to a legitimate educational interest and not arbitrary
or capricious or based upon some
constitutionally impermissible reason such as race, sex, religion, handicap, or
exercise of First Amendment rights.
A superintendent receiving written notice of
nonreemployment under the provisions of this policy shall, upon written
request, be entitled to:
(a) Written notice of the reasons for
nonreemployment, together with a summary of the factual basis therefor. The Board
shall give this notice to the superintendent at least five (5) days
prior to any hearing;
(b) An opportunity for a hearing at which to
present matters relevant to the reasons given for the nonreemployment decision
including any reasons alleged by the superintendent to be the reason for
nonreemployment if a written request for such a hearing is received by this
Board within seven (7) days of the date the superintendent received his/her
written notice of nonrenewal;
(c) Receive a fair and impartial hearing
before this Board or a hearing officer selected by this Board;
(d) Be represented by legal counsel, at
his/her own expense. If the superintendent does not request a hearing, the
decision of this Board with regard to
the reemployment of the superintendent
shall be final.
It is the intent of this school district to
establish procedures for providing the
superintendent with notice of the reasons for not offering him/her a renewal of
his/her contract, to provide an opportunity for the superintendent to present
matters in extenuation or exculpation to enable this Board to determine whether
the nonreemployment of the
superintendent is a proper employment decision and not contrary to law, and not
a violation of some statutory or constitutional right, and not to establish a
system of tenure, expressed or implied or require that all decisions to
nonreemploy a superintendent be based upon cause with respect to employment in
this school district.
Any and all hearings shall be conducted pursuant to
the “Rules of Procedure Under the
Education Employment Procedures Law of 2001” adopted by this Board. All proceedings under this policy are and
shall be governed by the “Education Employment Procedures Law of 2001,” where
applicable. §37‑9‑101 et seq.
If any appointed superintendent in any public school
of this state shall arbitrarily or willfully breach his or her contract and
abandon his or her employment without being released therefrom as provided in
Section 37‑9‑55, the contract of such superintendent shall be null
and void. In addition thereto the
license or certificate of such superintendent may be suspended by the State
Board of Education for a period of one (1) school year as provided in Section
37‑3‑2 (8) upon written recommendation of the majority of the
members of the School Board of the school district involved. §37‑9‑57
The School Board of every district in this state is
hereby prohibited from denying employment or reemployment to any person as a
superintendent, as defined in Section 37‑19‑1, for the single
reason that any eligible child of such person does not attend the school system
in which such superintendent is employed.
§37‑9‑59
Failure of the School Board to notify a
superintendent of nonreemployment on or before February 1 constitutes an
automatic renewal of his outstanding contract for the ensuing year. Jackson v. Board of Education (MISS) 349 So
2d 550.
NOTE: Please
refer to the School Employment
Procedures Handbook, published by MSBA.
LEGAL REF.: MS
CODE as cited
Southern Reporter as cited
CROSS REF.: Policies CEI —
Superintendent Evaluation
GBN — Rules of Procedure
Under the Education Employment Procedures Law of 2001.
|
SUPERINTENDENT RESIGNATION |
CEK |
Any
appointed superintendent in any public school who is under contract to teach or
perform other duties and who desires to be released from such contract shall
make application in writing to the School Board of the school district for
release therefrom, in which application the reasons for such release shall be
clearly stated. If the Board acts
favorably upon such application for release, such superintendent shall be released
from his/her contract, and said contracts shall be null and void on the date
specified in the School Board’s order. §37-9-55 (1987)
|
SUPERINTENDENT RETIREMENT |
CEL |
The superintendent shall be retired from public employment under such conditions and provisions established by the Public Employees Retirement System (PERS). §25-11-101 et seq.
|
SUPERINTENDENT BOND |
CEM |
The
superintendent or assistant superintendent of this school district, before
entering upon the duties of his/her office, shall furnish a good and sufficient
surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00),
with sufficient surety. Such bond shall
be filed and recorded in the office of the clerk of the chancery court in which
this school district is located, and shall be payable, conditioned and approved
in the manner provided by law. The
premium on said bond shall be paid out of the school district maintenance fund.
§37-9-27
A new
bond in an amount not less than that required by law shall be secured upon
employment and coverage shall continue by the securing of a new bond every four
(4) years concurrent with the normal election cycle of the Governor or with the
normal election cycle of the local government applicable to the employee.
§25-1-15 (2000)
LEGAL
REF.: MS CODE as cited
CROSS REF.: Policies CED — Appointed Superintendent – Appointment
|
ADMINISTRATIVE PERSONNEL |
CG |
NOTE:
Policies in all subcategories of this section “CG” of the Policy Manual apply
only to full-time administrative and supervisory personnel. Policies relating to all other professional
personnel, as well as all non-licensed employees of the district, are included
under “G” (personnel section) of the Policy Manual.
Standard
3 is as follows: The school board
assigns all executive and administrative duties to the superintendent, who is
properly licensed and chosen in the manner prescribed by law. {MS Code
37-6-3(3-4); 37-9-7, 13, 14; 37-19-1(d); and 37-61-9}
Standard
4 is as follows: The school district
employs an appropriately licensed full-time principal at each school. {MS Code
37-9-7, 15}
Standard
5 is as follows: The school district
employs in each school a licensed librarian or media specialist who devotes no
more than one-fourth of the workday to library/media administrative activities.
{MS Code 37-17-6(3)(a-e)}
5.1
If the student enrollment is 499 or less, a
half-time licensed librarian or media specialist is required.
5.2
If the student enrollment is 500 or more, a
full-time licensed librarian or media specialist is required.
Standard
6 is as follows: Student support
services (appraisal, academic, and/or personal advisement, and educational
and/or career planning and referral) are provided in each high school by at
least a half-time appropriately licensed guidance counselor. Students in elementary schools have access to
student support services (as previously noted) provided by a counselor, social
worker, nurse, or other student support personnel.
Standard
7 is as follows: The school district
employs a school business officer/administrator whose qualifications meet the
criteria established by the Mississippi Department of Education and whose
primary job responsibilities are conducting, supervising, and/or directing the
financial affairs and operations of the school district. (SB Policy GBBA)
LEGAL
REF.: MS CODE as cited
Mississippi Public School Accountability Standards (2001)
CROSS REF.: Policy CC — Organization Charts
ADMINISTRATIVE PERSONNEL COMPENSATION GUIDES AND CONTRACTS |
CGA |
It is the policy of this
Board to attempt to pay its administrators at a level which will attract and
hold people with administrative ability who can exercise professional
leadership in the school system.
If, at the commencement of
the scholastic year, any licensed employee shall present the superintendent a
license of a higher grade than that specified in such individual's contract,
such individual may, if funds are available from minimum education program
funds of the district, or from district funds, be paid from such funds the amount
to which such higher grade license would have entitled the individual, had the
license been held at the time the contract was executed. §37-9-17 (1997)
The superintendent shall
enter into a contract with each assistant superintendent, principal, licensed
employee and person anticipating graduation from an approved teacher education
program or the issuance of a proper license before October 15 or February 15,
as the case may be, who is elected and approved for employment by the School
Board. Such contracts shall be in such
form as shall be prescribed by the State Board of Education and shall be
executed in a duplicate with one (1) copy to be retained by the appropriate
superintendent and one (1) copy to be retained by the principal, licensed
employee or person recommended for a licensed position contracted with. The contract shall show the name of the
district, the length of the school term, the position held, whether an
assistant superintendent, principal or licensed employee, the scholastic years
which it covers, the total amount of the annual salary and how same is
payable. The amount of salary to be
shown in such contract shall be the amount which shall have been fixed and
determined by the School Board, but as to the licensed employees paid in whole or
in part with minimum education program funds, such salary shall not be less
than that required under the provisions of Chapter 19 of this title. The contract entered into with any person
recommended for a licensed position who is anticipating either graduation from
an approved teacher education program before September 1 or December 31, as the
case may be, or the issuance of a proper license before October 15 or February
15, as the case may be, shall be a conditional contract and shall include a
provision stating that the contract will be null and void, if as specified in
the contract, the contingency upon which the contract is conditioned has not
occurred. If any principal, licensed
employee or other person recommended for a licensed position who has been
elected and approved shall not execute and return the contract within ten (10)
days after same has been tendered to him/her for execution, then, at the option
of the School Board, the election of the licensed employee and the contract
tendered to him/her shall be null and void and of no effect. §37-9-23 (1998)
The School Board shall have
the power and authority, in its discretion to employ principals or licensed
employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into
with such principals and licensed employees for the number of years for which
they have been employed. All such
contracts with licensed employees shall for the years after the first year
thereof be subject to the contingency that the licensed employee may be
released if, during the life of the contract, the average daily attendance
should decrease from that existing during the previous year and thus
necessitate a reduction in the number of licensed employees during any year
after the first year of the contract.
However, in all such cases the licensed employee must be released before
July 1 or at least (30) days prior to the beginning of the school term,
whichever date should occur earlier. The
salary to be paid for the years after the first year of such contract shall be
subject to revision, either upward or downward, in the event of an increase or
decrease in the funds available for payment thereof, but, unless such salary is
revised prior to the beginning of a school year, it shall remain for such
school year at the amount fixed in such contract. However, where school district funds, other
than minimum education program funds, are available during the school year in
excess of the amount anticipated at the beginning of the school year the salary
to be paid for such year may be increased to the extent that such additional
funds are available and nothing herein shall be construed to prohibit same.
§37-9-25 (1997)
In employing and contracting
with principals and licensed employees, the School Board shall in all cases
determine whether the amount of salary to be paid such principal and licensed
employee in compliance with the provisions of Chapter 19 of this title. No contract shall be entered into where the
salary of a principal or licensed employee is to be paid in whole or in part
from minimum education program funds except where the requirements of said
chapter as to the amount of such salary are fully met. Nothing herein shall be construed, however,
to prohibit any school district from increasing the salaries of principals and
licensed employees above the amounts fixed by said chapter, provided that the
amount of such increase is paid from funds available to such district other
than minimum program funds. §37-9-33 (1997)
The amount of the salary to
be paid any principal or licensed employee shall be fixed by the School Board,
provided that the requirements of Chapter 19 of this title are met as to
principals and licensed employees paid in whole or in part from minimum
education program funds. In employing
such principals or licensed employees and in fixing their salaries the School
Boards shall take into consideration the character, professional training,
experience, executive ability and teaching capacity of the licensed employee or
principal. §37-9-37 (1997)
The annual salaries so fixed
shall be made payable in equal monthly or, within the discretion of this School
Board, in equal semimonthly installments for the number of scholastic months
for which the school is to be operated.
However, the Superintendent of Schools, at the request of the principal
or licensed employee being contracted with, shall make such salary payable in
equal monthly or semimonthly installments for a period of months in excess of
the number of months for which the school is to be operated, but not exceeding
twelve (12) months. If the contract is
based on the number of scholastic months for which the school is operated, the
monthly payments shall be made on the last regular school day of each calendar
month or semimonthly payments shall be made on the 15th of the month or the
last working day prior to the 15th except for the month of December, provided,
however, that the last monthly payment may, at the discretion of the School
Board, be made on the last day of the scholastic term when such principal or
licensed employee has completed his/her assigned responsibilities. If the contract is based on a period of
months in excess of the number of months for which the school is to be operated,
the first such payment shall be made on the last regular school day of the
calendar month in which the school opens and the remaining payments shall be
made on the last regular school day of each calendar month thereafter for the
number of months provided by the contract, provided, however, if the last
scholastic month ends during the calendar month or in months when school is not
in session, payments shall be made on what would have been the last regular
school day of the month if school were in session. A licensed employee who completes the entire
scholastic year shall be entitled to payment for the full number of monthly
payments provided by the contract without regard to his/her activity at the
time when his/her services are not required by the school. If an appointed superintendent, principal or
licensed employee is released during the school term by agreement between the
School Board and such superintendent, principal or licensed employee, then such
superintendent, principal or licensed employee shall be entitled to such
proportion of the annual salary as the time which he/she shall have taught
shall bear to the total school term, and any balance which may be due him/her
shall be paid at such time as the Board may determine, but not later than the
close of the then current scholastic year.
Provided further, that upon written request when entering into an
employment contract, a superintendent, principal or any licensed personnel may,
within the discretion of the School Board, be paid twice a month on the 15th of
the month or the last working day prior to the 15th and on the last regular
school day of each month except for the month of December. §37-9-39 (1997)
The salaries of principals
and licensed employees shall be paid by pay certificates issued by the school
district superintendent. Such pay
certificates may be issued without additional authorization of the School Board
where the amount of salary has been fixed and a contract entered into as is
provided in this chapter. All pay
certificates shall be preserved by him/her as a part of the official records of
his/her office for the same time and in the same manner as other records are
preserved. Except as is herein provided,
the said warrants shall be governed in all respects by the same laws regulating
the issuance of other warrants for other purposes. All pay certificates and warrants issued
shall show the gross amount of the salary and all authorized deductions
therefrom for income taxes, social security, retirement contributions and other
lawful purposes. §37-9-41 (1997)
It shall be unlawful for any
principal or licensed employee to be paid for any services as such until a
written contract has been executed as is provided and required by this
chapter. If any school district
superintendent shall make any such payment prior to the execution of the
contract he/she shall be civilly liable for the amount thereof, and, in
addition, shall be liable upon his/her bond.
If any licensed employee, or principal shall willfully and without just
cause breach his/her contract and abandon his/her employment he/she shall not
be entitled to any further salary payments either for services rendered prior
to such breach or for services which were thereafter to have been
rendered. Nothing in this section, however,
shall prevent the employment and payment of
substitute teachers without a written contract. §37-9-43 (1997)
It shall be unlawful for the
Superintendent of Schools to deduct or permit to be deducted from the salary of
any principal or licensed employee any dues, fines or penalties payable or
alleged to be payable because of the membership of such principal or licensed
employee in any organization or association.
However, dues or premiums in health associations or corporations and tax
sheltered annuity deductions authorized by the United States Internal Revenue
Code may be deducted upon written authorization from the licensed employee
involved. Any Superintendent of Schools
who shall make any such deduction or permit any such deduction to be made, except
those herein provided, shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not more than Twenty-five Dollars ($25.00) for
each such deduction. §37-9-49 (1997)
Any principal or licensed
employee in any public school who is under contract to teach or perform other
duties and who desires to be released from such contract shall make application
in writing to the School Board of the school district for release therefrom, in
which application the reasons for such release shall be clearly stated. If the Board acts favorably upon such
application for release, such principal or licensed employee shall be released
from his/her contract, and said contract shall be null and void on the date
specified in the School Board's order. §37-9-55 (1997)
If any principal or licensed
employee in this school district shall arbitrarily or willfully breach his/her
contract and abandon his/her employment without being released therefrom as
provided in Section 37-9-55, the contract of such principal or licensed
employee shall be null and void. In
addition thereto the license or certificate of such principal or licensed
employee may be suspended by the State Board of Education for a period of one
(1) school year as provided in Section 37-3-2 (8) upon the written
recommendation of the majority of the members of the School Board of the school
district involved. §37-9-57 (1997)
The School Board is hereby
prohibited from denying employment or reemployment to any person as principal
or licensed employee, as defined in Section 37-9-1, or as a non-instructional
personnel, as defined in Section 37-9-1, for the single reason that any
eligible child of each person does not attend the school system in which such
superintendent, principal, licensed employee or non-instructional personnel is
employed. §37-9-59 (1997)
LEGAL REF.: Mississippi
Code, as cited above
|
ADMINISTRATIVE AND SUPERVISORY PERSONNEL
POSITIONS |
CGB |
All
administrative and supervisory positions in this district are established
initially by the Board of Trustees, or by Mississippi School laws, or by
regulations of the State Board of Education, or by a combination thereof.
It is
the intent of the School Board to activate such positions sufficient to promote
the attainment of district goals.
In each
case, the School Board will approve the purpose and function of the position in
harmony with state laws and regulations, approve a statement of job
requirements as recommended by the superintendent, and delegate to the
superintendent the task of writing, or causing to be written, a job description
for the position.
The
School Board directs the superintendent to maintain continuously a
comprehensive, coordinated set of job descriptions for all such positions so as
to promote efficiency and economy in the staff's operations.
Although
positions may remain temporarily unfilled, only the School Board may abolish a
position.
This
School Board selects all school district personnel in the manner provided by
law.
|
FAIR LABOR STANDARDS ACT |
CGC |
Each
district employee responsible for the supervision of employees subject to the
Fair Labor Standards Act shall, prior to permitting any overtime work, receive
authorization from the superintendent or his/her designee.
|
ADMINISTRATIVE PERSONNEL HIRING – BACKGROUND CHECK |
CGD |
This School Board shall have
the power and authority to select all school district personnel in the manner
provided by law, and to provide for such employee fringe benefit programs,
including accident reimbursement plans, as may be deemed necessary and
appropriate by the Board. §37-7-301 (p) (1993)
The superintendent of the
school district shall have the power, authority and duty to enter into
contracts in the manner provided by law for each assistant superintendent,
principal and teacher of the public schools under his supervision, after such
assistant superintendent, principal and teachers have been selected and
approved in the manner provided by law.
§37-9-14 (2) (a) (1999)
ASSISTANT SUPERINTENDENTS
AND PRINCIPALS
No later than February 15 of
each year, the superintendent of each
school district, or such other person designated or authorized by the
School Board, shall recommend to the School Board thereof the assistant
superintendents and principals to be employed for each of the schools of the
district except in the case of those assistant superintendents and principals
who have been previously employed and who have a contract valid for the ensuing
scholastic year. Unless good reason to
the contrary exists, the school board shall approve and authorize the
employment of the assistant superintendents and principals so recommended. If, for any reason, the school board shall
decline to approve an assistant superintendent or principal so recommended, the
superintendent or the board’s designee shall make additional recommendations
for the place or places to be filled.
When the assistant
superintendents and principals of the schools have been recommended and
approved as provided in the preceding paragraph, the superintendent of this
school district shall enter into proper contracts with them. At a subsequent meeting he/she shall report
same to the school board and such shall be entered in the minutes.
An interim conservator
appointed pursuant to the provisions of Section 37-17-6(14)(a) shall not be
required to comply with the time limitations prescribed in this section for
recommending and employing assistant superintendents and principals. §37-9-15
(1996)
LICENSED AND
NONINSTRUCTIONAL EMPLOYEES
On or before April 1 of each
year, the principal of each school shall recommend to the superintendent of the
local school district the licensed employees or noninstructional employees to
be employed for the school involved except those licensed employees or
noninstructional employees who have been previously employed and who have a contract
valid for the ensuing scholastic year.
If such recommendations meet with the approval of the superintendent,
the superintendent shall recommend the employment of such licensed employees or
noninstructional employees to the local school board, and, unless good reason
to the contrary exists, the board shall elect the employees so
recommended. If, for any reason, the
local school board shall decline to elect any employee so recommended,
additional recommendations for the places to be filled shall be made by the
principal to the superintendent and then by the superintendent to the local
school board as provided above.
When the licensed employees
have been elected as provided in the preceding paragraph, the superintendent of
the district shall enter into a contract with such persons in the manner
provided in this chapter.
If, at the commencement of
the scholastic year, any licensed employee shall present to the superintendent
a license of a higher grade than that specified in such individual’s contract,
such individual may, if funds are available from minimum education program
funds of the district, or from district funds, be paid from such funds the
amount to which such higher grade license would have entitled the individual,
had the license been held at the time the contract was executed. §37-9-17
(2001)
Also see GBN, GBNA.
CRIMINAL
RECORDS BACKGROUND CHECK/CHILD ABUSE REGISTRY CHECK
State law mandates the
following actions:
1.
All new hire licensed and non-licensed employees after July 1, 2000,
must have a state child abuse registry check and criminal records background
check via fingerprint card.
2.
The cards will be forwarded by the school district to the Department of
Public Safety, which will in turn forward them to the FBI.
3.
The district may charge the applicant up to $50.00 or may pay the fee
at its discretion.
4.
Information obtained via these checks is for employment use only and
cannot be disseminated.
5.
Applicants are ineligible for employment if checks disclose a guilty
plea, conviction, or nolo contendere plea to a felony conviction for:
A.
Possession or sale of drugs.
B.
Murder, Manslaughter, or Armed Robbery.
C.
Rape, Sexual Battery, or sex offense as listed in Section 45-31-3 (1).
D.
Child Abuse, Arson, Grand Larceny, or Burglary.
E.
Gratification of Lust or Aggravated Assault.
6.
If the school district has hired an applicant contingent upon a
background check and derogatory information is obtained, that applicant’s
contract is voidable at the time of the report and the applicant’s contract
should so state.
7.
The school board may, at its discretion, waive any convictions and hire an applicant
with a criminal record based on:
A.
Age at commission of the crime.
B.
Circumstances surrounding the crime.
C.
Length of time and criminal history since the crime.
D.
Work history and current employment and character.
E.
Other evidence demonstrating the ability of the person to perform the
job and does not pose a threat to the health or safety of the school children.
8.
No school district or employee may be held liable
in an employment discrimination suit involving this statute.
9.
The checks are required for new hire personnel
(licensed and non-licensed) after July 1, 2000.
The school district may hire applicants and let them work contingent
upon the successful completion of the criminal background check.
CONVICTION
BASED ON ERRONEOUS INFORMATION
In the
event an applicant wishes to contest a conviction based on erroneous
information the applicant shall appeal the information to the Department of
Public Safety. The applicant will show
the school board or its designee proof of the corrected record.
NOTE: Assistance in developing rules and
procedures for fingerprinting and criminal background checks may be obtained
from the Office of Safe and Orderly School’s Division of School Safety at the
Mississippi Department of Education (601-359-1335).
NEPOTISM
AND CONFLICT OF INTEREST
It
shall be illegal for any superintendent, administrative superintendent,
principal or other licensed employee to be elected by the school board if such
superintendent, administrative superintendent, principal or licensed employee
is related within the third degree by blood or marriage according to the common
law to a majority of the members of the school board. No member of the school board shall vote for
any person as a superintendent, administrative superintendent, principal or
licensed employee who is related to him within the third degree by blood or
marriage or who is dependent upon him in a financial way. Any contract entered
into in violation of the provisions of this section shall be null and
void. §37-9-21 (1997)
NOTE: In order to be in agreement with statutes
related to Nepotism and to Conflict of Interest, please ensure compliance with
MS Codes cited above and with Sections 25-4-25 through 25-4-29; 25-4-105;
37-11-25 and 37-11-27; and with Article 4, Section 109 of the MS Constitution.
LEGAL
REF..: MS CODE as cited, §37-9-17 (2)
(2000)
CROSS
REF.: Policies CBG — Administrative and
Supervisory Personnel Positions
CGE —
Administrative Personnel Assignment
GAAC —
Hiring
GBP — Professional Personnel Reemployment
|
ADMINISTRATIVE PERSONNEL ASSIGNMENT |
CGE |
The superintendent of this school district shall
have the power and authority to make assignments to the various schools in the
district of all noninstructional and nonlicensed employees and all licensed
employees, as provided in Sections 37‑9‑15 and 37‑9‑17,
and to make reassignments of such employees from time to time; however, a
reassignment of a licensed employee may only be to an area in which the
employee has a valid license issued by the State Department of Education. Upon request from any employee transferred,
such assignment shall be subject to review by the School Board. §37‑9‑14
(2) (s) (1999)
Standard 3 is as follows: The School Board assigns all executive and
administrative duties to the superintendent, who is properly licensed and
chosen in the manner prescribed by law. {MS Code 37‑6‑3(3-4); 37‑9‑7,
13, 14; 37‑19‑1(d); and 37-61-9}.
Standard 4 is as follows: The school district employs an appropriately
licensed full-time principal at each school. {MS Code 37-9-7, 15}.
Standard 5 is as follows: The school district employs in each school a
licensed librarian or media specialist who devotes no more than one-fourth of
the workday to library/media administrative activities. {MS Code 37-17-6(3)(a-e)}
5.1
If the student enrollment is 499 or less, a half-time licensed
librarian or media specialist is required.
5.2
If the student enrollment is 500 or more, a full-time licensed
librarian or media specialist is required.
Standard 6 is as follows: Student support services (appraisal,
academic, and/or personal advisement, and educational and/or career planning
and referral) are provided in each high school by at least a half-time appropriately
licensed guidance counselor. Students in
elementary schools have access to student support services (as previously
noted) provided by a counselor, social worker, nurse, or other student support
personnel.
LEGAL REF.:
MS CODE as cited
Mississippi Public School Accountability
Standards (2001)
CROSS REF.:
Policies CC — Organization Charts
CEB — Duties of Superintendent
CG — Administrative Personnel
CGD — Administrative Personnel Hiring
|
ADMINISTRATIVE PERSONNEL EVALUATION |
CGI |
Administrative
personnel shall be evaluated annually.
As part
of his/her duties the superintendent shall visit the schools of his school
district in his/her discretion and require the assistant superintendents,
principals and teachers thereof to perform their duties as prescribed by
law. MS Code §37-9-14
Standard
9 is as follows: The school district
implements a formal personnel appraisal system for licensed staff that includes
assessment of employees' on-the-job performance. §37-3-46 (b)
LEGAL
REF.: MS CODE as cited
Mississippi Public
School Accountability Standards (2001)
CROSS
REF.: Policies CA — General School
Administrative Goals and Objectives
CEB — Duties
of Superintendent
|
ADMINISTRATIVE PERSONNEL PROMOTIONS |
CGJ |
Administrative
personnel shall be promoted on their own merit by the superintendent.
If, at
the commencement of the scholastic year, any licensed employee shall present to
the superintendent a license of a higher grade than that specified in such
individual's contract, such individual may, if funds are available from minimum
education program funds of the district, or from district funds, be paid from
such funds the amount to which such higher license would have entitled the
individual, had the license been held at the time the contract was executed.
§37-9-17 (1997)
Race,
creed, color, national ancestry, age, religion, handicap, marital status, or
sex shall not be considered in promotion.
The process of administrative promotion shall be free from pressures
considered detrimental to the best conduct of the schools.
LEGAL
REF.: MS CODE as cited above
1972 Education
Amendments, Title IX 45 CFR Part 86
Nashville Gas Co. v.
Satty
1964 Civil Rights Act
1973 Rehabilitation Act,
Section 503 & Section 504
45 CFR Part 84;
Executive Order 11246, as amended
CROSS
REF.: Policies CEB — Duties of
Superintendent
CGI — Administrative Personnel Evaluation
CGL — Administrative Personnel Reassignment
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ADMINISTRATIVE PERSONNEL REASSIGNMENT |
CGL |
Personnel shall be reassigned on the basis of
qualifications, the needs of the
district, and personal desires. When it
is not possible to meet all three conditions administrators shall be assigned
(1) in accordance with the needs of the district, (2) where the superintendent feels the employee
is most qualified to serve, and (3) as to the expressed preference of
employees.
The superintendent shall have the power and
authority to make assignments to the various schools in the district of all
noninstructional and nonlicensed employees and all licensed employees, as
provided in Sections 37‑9‑15 and 37‑9‑17, and to make
reassignments of such employees from time to time; however, a reassignment of a
licensed employee may only be to an area in which the employee has a valid
license issued by the State Department of Education. Upon request from any employee transferred,
such assignment shall be subject to review by the School Board. §37‑9‑14 (2) (s) (1999)
LEGAL REF.: MS CODE as cited
CROSS REF.: Policies
CEB — Duties of Superintendent
CGE —
Administrative Personnel Assignment
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ADMINISTRATIVE PERSONNEL SEPARATION |
CGM |
It
shall be the policy of this school district to provide the highest possible
quality of education for the students enrolled in the schools of this
district. In order to achieve this goal,
it is recognized that it is necessary, from time to time, to release from
future employment principals and other administrative personnel where their
performance fails to meet the standards established by the State Department of
Education and/or this board or where their services are no longer needed.
All
proceedings related to nonrenewal of licensed personnel shall be conducted
under and governed by the Education Employment Procedures Law of 2001, where
applicable. §37-9-101 et seq.
See Policy GBN, GBNA.
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ADMINISTRATIVE PERSONNEL RESIGNATION |
CGN |
Any principal or licensed employee in this school district who is under contract to teach or perform other duties and who desires to be released from such contract shall make application in writing to the School Board of the school district for release therefrom, in which application the reasons for such release shall be clearly stated. If the Board acts favorably upon such application for release, such principal or licensed employee shall be released from his/her contract, and said contract shall be null and void on the date specified in the School Board's order. §37-9-55 (1997)
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ADMINISTRATIVE PERSONNEL RETIREMENT |
CGO |
As a
condition of employment principals and other professional educators shall
become members of the retirement system (PERS). §25-11-105 (a) (1994)
Principals
and other professional educators shall be retired from public employment under
such conditions and provisions established by the Public Employee Retirement System
(PERS). §25-11-101 et seq.
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ADMINISTRATIVE PERSONNEL TIME SCHEDULES |
CGPB |
Principals
and other professional employees shall be on duty the number of days shown on
the face of their current employment contract less and except those days
granted by the Board for illness, personal business, earned vacation and
emergencies.
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ADMINISTRATIVE PERSONNEL EXPENSES |
CGPD |
Administrative personnel who have first been authorized by the superintendent to travel in the performance of their duties shall be advanced or reimbursed their expenses under Policy GBRF – Expense Reimbursements.
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ADMINISTRATIVE PERSONNEL CONSULTING |
CGPEA |
The
Board believes that both the district and the administrator who is requested to
serve a school system, governmental, or other organizations as a paid
consultant profits by such assignments.
The administrator is free to accept such assignments, providing they do
not infringe on the duties and responsibilities to the district. If administrators are requested to serve a
school system, governmental, or other organization as a paid consultant during
time the administrator is under contract to the Long Beach School District, the
administrator must get prior approval from the superintendent and will be
required to use appropriate leave time for this consultant work.
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ADMINISTRATIVE PERSONNEL PROFESSIONAL LEAVES AND
ABSENCES |
CGPF |
The
School Board recognizes the importance of developing, improving, and extending
administrative skills. The
superintendent will assist the administration to gain opportunities as district
funds allow to remain abreast of emerging information and technical knowledge.
Professional
growth shall be provided through such means as:
1.
Attendance at School Executive Management
Institute.
2.
Planned staff development within the school system
from time to time.
3.
Visits to other schools and attendance at
conferences, workshops, and other professional meetings.
4.
Leaves of absence for advanced educational
training.
5.
Salary credit for additional educational training
in accordance with the salary schedule.
The
superintendent shall have authority to approve release time for conferences and
invitations and reimbursements for expenses within budget limitations.
The
superintendent, all principals, and other central office
administrators/supervisors shall attend all required sessions of the School
Executive Management Institute. MS CODE 37-3-4
Administrative
personnel wishing leave for professional reasons shall make such request in
writing to the superintendent subject to approval by the Board.
Also
see GBRH.
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EMPLOYEES – 240 DAYS – EXTRA WORK |
CCGPI |
The superintendent may require 240 day employees to work outside their usual contract days. The Long Beach School Board authorizes the superintendent to allow leave time to compensate for those days worked.
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ADMINISTRATIVE PERSONNEL INTERN PROGRAM |
CI |
An administrative intern
program may be established and maintained to provide the district with a group
of well-trained personnel eligible for service as administrators and to provide
a means through which personnel who desire to become school administrators may
achieve training and experience which will prepare them to perform that
function either within or outside the district.
School administrators shall
possess a valid license in one of the four (4) categories of administrator
licensure issued by the Mississippi Department of Education.
a. Administrator License
- Non-practicing. Those educators
holding administrative endorsement but have no administrative experience or not
serving in an administrative position on January 15, 1997.
b. Administrator License
- Entry Level. Those educators
holding administrative endorsement and having met the Department's
qualifications to be eligible for employment in a Mississippi school
district. Administrator license -- entry
level shall be issued for a five-year period and shall be non-renewable.
c. Standard
Administrator License - Career Level. An
administrator who has met all the requirements of the Department for standard
administrator licensure.
d. Administrator License
- Alternate Route. The State Board
of Education may establish an alternate route for licensing administrative
personnel. Such alternate route for
administrative licensure shall be available for persons holding, but not
limited to, a master's of business administration degree, a master's of public
administration degree or a master's of public planning and policy degree from
an accredited college or university, with five (5) years of administrative or supervisory
experience. Successful completion of the
requirements of alternate route licensure for administrators shall qualify a
person for standard administrator license.
Beginning with the 1997-98
school year, individuals seeking school administrator licensure under paragraph
(b), (c) or (d) shall successfully complete a training program and an
assessment process prescribed by the State Board of Education. Applicants seeking school administrator
licensure prior to June 30, 1997, and completing all requirements for
provisional or standard administrator licensure and who have never practiced,
shall be exempt from taking the Mississippi Assessment Battery Phase I.
Applicants seeking school administrator licensure during the period beginning
July 1, 1997, through June 30, 1998, shall participate in the Mississippi
Assessment Battery, and upon request of the applicant, the Department shall
reimburse the applicant for the cost of the assessment process required. After June 30, 1998, all applicants for
school administrator licensure shall meet all requirements prescribed by the
Department under paragraph (b), (c) or
(d), and the cost of the assessment process required shall be paid by the
applicant. §37-3-2 (7) 1997
The Department shall grant a
standard license to any individual who possesses a valid standard license from
another state and has a minimum of two (2) years of full-time teaching or
administrator experience.
The Department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license from another state, or who possesses a standard license from another state but has less than two (2) years full-time teaching or administrator experience. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 or the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi. §37-3-2 (8) 1997
LICENSE
RENEWAL
The
State Board of Education is authorized to establish rules and regulations for
the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard
license held by an educator shall be extended five (5) years beyond the
expiration date of the license in order to afford the educator adequate time to
fulfill new renewal requirements established pursuant to this subsection. An educator completing the master of education,
educational specialist or doctor of education degree in May 1997 for the
purpose of upgrading the educator’s license to a higher class shall be given
this extension of five (5) years plus five (5) additional years for completion
of a higher degree. §37-3-2 (9) (2000)
NOTE:
For information on the Beginning Principal Support Pilot Program, see House
Bill 751, 1999 Legislative Session, or contact the School Executive Management
Institute at the Mississippi Department of Education.
LEGAL
REF.: MS CODE as cited.
CROSS
REF.: Policies CBG — Administrative and
Supervisory Personnel Positions
CGD —
Administrative Personnel Hiring
CK —
Administrative Personnel Professional Development Opportunities
GAAC —
Hiring
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CONSULTANTS TO THE ADMINISTRATIVE STAFF |
CJ |
Consultants,
whether temporary, part-time, or full-time, shall exercise no administrative
authority over the work of the employees of the Board, but shall act only as
advisors in those fields in which they are qualified to offer expert assistance.
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ADMINISTRATIVE PERSONNEL PROFESSIONAL DEVELOPMENT OPPORTUNITIES |
CK |
All
administrators in the Long Beach School District are required to attend all
training sessions mandated by the Legislature and the State Department of
Education. Each administrator is
responsible for acquiring and accounting for hours needed for updated
licensure.
The
Board encourages personnel to participate in meetings and organizations that
will provide opportunities for development in their job areas. Reimbursements for attendance at such
meetings will be made upon Board approval.
Administrative
personnel may be permitted to do graduate study during the summer months
subject to approval of the superintendent and Board.
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ADMINISTRATIVE PERSONNEL COUNCILS, CABINETS, COMMITTEES |
CL |
The
School Board authorizes the superintendent to establish permanent or temporary
advisors, cabinets, and committees as he/she deems necessary for the proper
administration of Board policies, compliance with State Accreditation Standards
and the improvement of the total
educational program.
Functioning
in an advisory capacity, such groups may take recommendations for submission to
the Board through the superintendent.
However, such groups shall have no inherent authority.
The
membership and responsibilities of advisors, cabinets, and committees shall be
defined by the superintendent and may be changed at his/her discretion.
Expenses
incurred by such groups for consultative services, materials and investigative
travel shall be paid from the general operating funds of the district, but only
when the expenses are within budgetary allotments and approved by the
superintendent in advance.
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BOARD POLICY IMPLEMENTATION |
CM |
The
superintendent has the responsibility for carrying out, through administrative
regulations, the policies established by the Board.
The
policies developed by the Board and the administrative regulations established
to implement policy are designed to increase the effectiveness and efficiency
of the school system.
Administrators
are responsible for informing subordinates of existing policies and regulations
and for seeing that they are implemented in the spirit intended. Continuous disregard for Board policy and
administrative regulations may be interpreted as insubordination and/or willful
neglect of duty and may result in termination of employment with the Long Beach
School District.
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ADMINISTRATIVE RULES |
CMA |
It
shall be the duty of the superintendent to administer the schools within
his/her district and to implement the decisions of the School Board. §37-9-14
(1) (1999)
This
Board hereby delegates to the superintendent the function of specifying
required actions and designing the detailed arrangements under which the
schools will be operated except when specific state or federal laws or rules
require this Board to adopt such rules or when this Board or superintendent
considers such adoptions desirable.
In the
development of administrative rules, the superintendent may involve at the
planning stage those who would be affected by such rules, including staff
members, students, parents, and the public when it is practical and appropriate
to do so.
Standard 3 is as follows: The school board assigns all executive and administrative duties to the superintendent, who is properly licensed and chosen in the manner prescribed by law. {MS Code 37-6-3(3-4); 37-9-7, 13, 14; 37-19-1(d); and 37-61-9}
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ADMINISTRATION IN POLICY
ABSENCE |
CMB |
In
cases where action must be taken with the school system where the Board has
provided no guides for administrative action, the Superintendent shall have the
power to act.
His
decisions, however, shall be subject to review by action of the Board at its
regular meeting. It shall be the duty of
the Superintendent to inform the Board promptly of such action and of the need
for policy.
REF: Proposed School Board Policy
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ADMINISTRATIVE RECORDS |
CN |
This School Board, as
created and empowered by law, shall keep and preserve permanently a copy of all
district-wide reports required by the State Board of Education to be filed on
an annual basis.
Copies of those
district-wide reports required by the State Board of Education on less than an
annual basis may be destroyed after five (5) years upon approval of the School
Board of the school district.
All supporting documents
necessary to compile such district-wide reports, except as delineated in
Section 37-15-8 may be destroyed after three (3) years following the academic
year for which the report was made upon approval of the School Board of the
school district. §37-15-4 (1987)
The superintendent or the
assistant superintendent of the school district shall have the authority, with
the approval of the School Board of the school district spread upon its
minutes, to dispose of the following records:
(a) After five (5) years:
(1) Bank statements
(2) Canceled warrants and pay certificates
(3) School Board paid bills
(4) Bids received, either accepted or rejected, for supplies,
materials, equipment and construction
(5) Depository receipt warrants
(6) School Board claims dockets, where claims are recorded on the
minutes of the Board
(7) Original of School Board's orders after such orders have been
recorded in the minute book
(8) Canceled bonds and coupons
(9) Tax collector's reports of tax collection to Superintendent of
Schools or the administrative superintendent
(10) Transportation records.
(b) After three (3) years:
(1) Teacher contracts, computed from the expiration date thereof
(2) Bus purchase documents
(3) Teachers’ registers, principals’ reports and other evidence
necessary to prepare the reports to the State Board of Education.
(c) After period to be set by the State Board of Education such other
documents of a temporary or transitory nature as the State Board of Education
by regulation shall designate.
Notwithstanding any of the
provisions of sections 37-15-1 through 37-15-4, 37-15-8 and 37-15-10 to the
contrary, no records which are in the process of being audited by the State
Department of Audit, or which are the basis of litigation, shall be destroyed
until at least twelve (12) months after final completion of said audits and
litigation. §37-15-8 (1987)
At no time may a permanent
record of a student be destroyed, but cumulative folders may be destroyed by
order of the School Board in not less than five (5) years after the permanent
record of the pupil has become inactive and has been transferred to the central
depository of the district. However,
where a school district makes complete copies of inactive permanent records on
photographic film or microfilm which may be reproduced as needed, the permanent
records may be destroyed after the photographic film or microfilm copy has been
stored in the central depository of the district. §37-15-3 (1995)
REQUEST FOR ACCESS
The
Long Beach School District shall comply with the requirements of the
Mississippi Public Records Act of 1983 and shall make public records accessible
subject to legal exceptions and requirements of the district and state and
federal laws. Requests for access shall
be made on forms provided by the district under a fee scale established by the
Board of Trustees. (See Policy KL – Access to Public Records.) Also see JR.
EXEMPT RECORDS
The following records are exempt from the Act and
from this policy and shall not be subject to disclosure, except under other
authority and under appropriate circumstances.
1. Records furnished to public bodies by
third parties which contain trade secrets or confidential, commercial or
financial information, as provided by the Act.
2. Records which are confidential or
privileged, as provided by constitutional, statutory or case law of this state
or of the United States.
3.
Records which are developed among judges, judges and their aides, and
juries.
4. Personnel records, including but not
limited to applications for employment, test questions and answers used in
employment examinations, and letters of recommendation.
5. Test questions and answers in the
possession of a public body which are to be used in future academic
examinations.
6. Records which represent and constitute
the work product of an attorney representing the district, records which are
related to litigation by or against the district, or in anticipation of
prospective litigation, and communications between the district and the
attorney in the course of an attorney‑client relationship.
7. Records which would disclose
information about a person's individual tax payment or status.
8. Records concerning the sale or purchase
of property for public purposes prior to the announcement of the purchase or
sale where the release of the record would have a detrimental effect on the
sale and purchase.
9.
All educational records of students and
former students, as defined by Policy JR — Student Records and by the Federal
Privacy Act; such exemption shall also
apply to letters of recommendation respecting admission to any educational
agency or institution.
10. Records that are maintained regarding
the process of detection and investigation of unlawful activity, in addition to
such records as defined in Section 45‑29‑1 of the Mississippi Code
of 1972.
11. Commercial and financial information of
a proprietary nature required to be submitted to the district.
DENIAL OF ACCESS
In the event that the district denies a request for
access to or copies of public records, the denial will be in writing and
contain a statement of the reasons for the denial. The district will maintain a record of all
denials for a period of three (3) years.
LEGAL REF.: MS CODE §25‑61‑1 et seq.; §37‑11‑51 (1983)
CROSS REF.: Policies BE — School Board Records
CN — Administrative
Records
JR — Student Records
KL — Access to Public Records
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ADMINISTRATIVE REPORTS - PAPERWORK |
CO |
It shall be the power, authority and duty of the
superintendent:
•
To preserve all reports of
superintendents, principals, teachers and other school officers, and to deliver
to his successor or clerk of the Board of Supervisors all money, property,
books, effects and papers. §37‑9‑14 (2) (e)
•
To make to the School Board reports for
each scholastic month in such form as the School Board may require. §37‑9‑14 (2) (i)
•
To distribute promptly all reports,
letters, forms, circulars and instructions which he may receive for the use of
school officials. §37‑9‑14
(2) (j)
•
To observe such instructions and
regulations as the School Board and other public officials may prescribe, and
to make special reports to these officers whenever required. §37‑9‑14
(2) (m)
•
To make such reports as are required by the
State Board of Education. §37‑9‑14 (2) (o)
•
To comply in a timely manner with
compulsory education reporting requirements prescribed in Section 37-13-91
(6). §37-9-14 (2) (u)
LEGAL REF.: MS CODE as cited
Also see Policy CEB
ACCREDITATION
The Board
of Trustees requires the superintendent to submit annually information
necessary for determining compliance with accreditation requirements. Such
information will be submitted at a date designated and on forms provided by the
State Department of Education. The superintendent shall certify by signature
that the information is true and consistent with all other information
pertinent to the school.
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ADMINISTRATIVE
PERSONNEL – CONFLICT OF INTEREST |
CP |
It
shall be illegal for any superintendent, assistant superintendent, principal or
other licensed employee to be elected by the School Board if such
superintendent, assistant superintendent, principal or licensed employee is
related within the third degree by blood or marriage according to the common
law to a majority of the members of the School Board. No member of the School Board shall vote for
any person as a superintendent, assistant superintendent, principal or licensed
employee who is related to him/her within the third degree by blood or marriage
or who is dependent upon him/her in a financial say. Any contract entered into in violation of the
provisions of this section shall be null and void.
Also see CGD, GAG, GAAC, and CB.
Policy | LBSD | LBHS | LBMS | Quarles | Harper McCaughan | Reeves