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POLICIES FOR ALL EMPLOYEES |
Revised
06-30-08 GA |
Written
personnel policies for all professional/licensed and classified/non-licensed
personnel are intended to be a guide for present and future employees of the
Morale
and other factors that create an efficient, smooth running organization will be
greatly enhanced by a thorough knowledge of these policies. The Board of Trustees of the Long Beach
School District desires that each person be fully cognizant of his/her
responsibilities in the overall educational program of the district and that
he/she has a feeling of security and belonging.
Employees are expected to display a cooperative spirit in working with other employees, parents and student. Teamwork among employees is extremely important to enable the District to accomplish its goals in educating the students in our community. Every employee is expected to work effectively and cooperatively with other employees and to maintain professional interpersonal relationships with other employees, parents and students. If problems arise, employees are expected to address those situations in a professional manner, involving the administration at the appropriate time to prevent a problem from getting out of control.
Good attendance by staff members is a necessity for the successful implementation of curriculum. Excessive absences by staff cannot be tolerated if students are to receive quality and effective instruction.
Relationships (including communication) of a personal nature between staff members and students are inappropriate. Text messaging should not take place between staff members and students. The visitation or use of students’ social networking sites (My Space, Facebook, etc.) by staff members should be avoided.
School personnel shall be allowed limited use of cell phones under the following guidelines: cell phone must remain off when students are present and may not be visible at any time students are present; cell phones may be used only in the absence of students, i.e. before/after school and planning period; cell phones may be used when there is an emergency situation involving the safety of students and/or staff. Long Beach School District cell phones may be used by administrators, supervisors, and support personnel in carrying out their duties and responsibilities.
If extenuating circumstances exist that require the use of a cell phone by a staff member while students are present, the staff member must have prior permission from the principal to use the cell phone.
All
employees of the Long Beach School District are expected to be thoroughly
familiar with and actively support the enforcement of all Board of Trustees'
policies and procedures, rules and regulations of the Superintendent of
Schools, and rules as set forth by principals and/or immediate supervisors and
in school handbooks. Policies beginning
with GA coding are applicable to all employees; GB, to licensed employees; and
GC, to non-licensed employees.
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PERSONNEL GOALS AND
OBJECTIVES |
GAA |
The
Board recognizes that a dynamic and efficient staff dedicated to education is
necessary to maintain a constantly improving educational program. The Board is interested in its personnel as
individuals, and it recognizes its responsibility for promoting the general
welfare of the staff. The Board is
committed to providing a coordinated staff of specially trained personnel to
the end that each discipline or area of responsibility be properly designed
with a procedure for assessment so that each may have proper emphasis in the
total curriculum and school system organization.
Duties
of these personnel shall be outlined by the Superintendent and approved by the
Board.
Additionally,
the Board’s specific personnel service goals of
1.
To conduct an employee appraisal program that will
contribute to the continuous improvement of staff performance and thus to the
quality of service to its students.
2.
To develop and manage a staff compensation program
sufficient to attract and retain qualified employees.
3.
To provide professional development opportunities
for all employees which will improve their rates of performance, retention, and
promotion.
4.
To recruit, select, and employ the best qualified
personnel to staff the school system.
5.
To develop the quality of human relationships
necessary to obtain maximum staff performance and satisfaction.
6.
To deploy the available personnel and insure that
they are utilized as effectively as possible within budgetary constraints.
7.
To provide procedures for complaints and
grievances.
8.
Within constraints of the budget, to compensate
employees to the extent possible.
9.
To provide procedures for an impartial hearing
should an employee be recommended for termination of employment.
10.
To be an equal opportunity employer.
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EQUAL OPPORTUNITY EMPLOYMENT |
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It is
the policy
LEGAL
REF.: Title VII of the Civil Rights Act of 1964;
Title IX of the Educational
Amendments of 1972;
Section 504 of the Rehabilitations
Act of 1973;
Title II Americans with Disabilities Act.
As
provided under Title IX of the Education Amendments of 1972, no person in the
Standard
2 is as follows: School board policies that comply with state and federal
statutes, rules, and regulations serve as the basis of operation for the
district, and current copies of school board policies are published and
available for public review. {MS Code 25-61-1 through 17; 37-9-1 through 75;
37-9-101 through 113; 37-7-301(p)(w); and Federal Civil Rights Act of 1964}
HARASSMENT
PROHIBITED
This
school district affirms the employee rights under Title VII and therefore
"shall not tolerate verbal or physical conduct by any employee, male or
female, which harasses, disrupts, or interferes with another's work performance
or which creates an intimidating, offensive, or hostile environment.”
LEGAL
REF.: 1964 Civil Rights Act, Title VI; 1964 Civil Rights Act, Title VII;
Executive Order 11246, as amended;
1972 Education Amendments, Title IX;
45 CFR, Part 86; 1973 Rehabilitation
Act, Section 503; 1973 Rehabilitation Act,
Section 504; 45 CFR, Part 84; 29
U.S.C.A. 621, et seq.
CROSS
REF.: Policies GACN – Sexual Harassment
GBD – Professional Personnel Hiring
GBR-P – Employees Complaints of
Sexual Discrimination/Harassment Procedures
GCRAA – Fair Labor Standards Policy
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HIRING PROCEDURES – ALL
EMPLOYEES - BACKGROUND CHECKS |
GAAC |
This
school board has the power and authority to select all 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. (MS CODE
Section 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/her
supervision, after such assistant superintendent, principal and teachers have
been selected and approved in the manner provided by law. (MS CODE Section 37-9-14 (2) (a) (1999)
LICENSED
AND NON-INSTRUCTIONAL EMPLOYEES
On or
before April 1 of each year, the principal of each school shall recommend to
the superintendent of this 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
school board, and, unless good reason to the contrary exists, the board shall
elect the employees so recommended. If,
for any reason, the 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
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 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)
CRIMINAL RECORDS BACKGROUND CHECK /CHILD ABUSE REGISTRY CHECK
Overview of Senate Bill 2658/§37-9-17 (2) (2000)
On
1.
All new hire licensed and nonlicensed employees
after the implementation date 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 viodable 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 nonlicensed) after
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 Schools
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
CROSS
REF.: Policies CA —
GBE —
Professional Personnel Assignment
IB —
Instructional Goals
GBP —
Professional Personnel Reemployment
CGD —
Administrative Personnel - Hiring
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STAFF INVOLVEMENT IN
DECISION MAKING |
GAC |
The Superintendent is
authorized to establish such committees as necessary to recommend policies and
rules for the proper functioning of the district.
All professional personnel
shall be encouraged to assist in the formulation of recommended educational
policy for the district through their representatives. Recommendations of this committee which
relate to the overall school program shall be submitted, after affirmative vote
of the committee, to the Superintendent for Board action.
In the development of rules,
regulations and arrangements for the operation of the school system, the
Superintendent shall include at the planning stage whenever feasible those
employees who will be affected by such provisions.
The Superintendent shall
evolve with professional and nonprofessional employees channels for the ready
intercommunication of ideas and feelings regarding the operation of the
schools. He shall weigh with care the
counsel given by employees, especially that given by groups designated to
represent large segments of the staff, and shall inform the Board of all such
counsel in presenting reports of administrative action and in presenting
recommendations for Board action.
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ORIENTATION, KNOWLEDGE OF POLICIES AND PROCEDURES – RESPONSIBILITY FOR POLICY ENFORCEMENT – ALL EMPLOYEES |
GACA |
All
personnel of the
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HARASSMENT |
GACN |
This school district affirms employee protection
provided under Title VII, and therefore “shall not tolerate verbal or physical
conduct by an employee, male or female, which harasses, disrupts, or interferes
with another’s work performance or which creates an intimidating, offensive, or
hostile environment.”
In accordance with Title VII of the 1964 Civil
Rights Act, as amended in 1972, Section 703, no employee in the
It is the intent of the school board to maintain an
environment free from sexual harassment of any kind. Therefore, unwelcomed sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature amounting to or constituting harassment are prohibited.
Complaints of violation of this policy may be made
to the appropriate administrative officer or the Title IX coordinator without
fear of reprisal. Should violations prove to be legitimate, the offending
employee shall be subject to disciplinary action, including involuntary
termination of employment.
LEGAL REF.: MS
CODE as cited
Title
VII Civil Rights Act 1964, as amended in 1972, Section 703. 2000 et seq.
CROSS REF.: See
GAEA — Staff Protection
GAEAA — Sexual Harassment
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PROFESSIONAL DEVELOPMENT –
CONTINUING EDUCATION |
GADA |
This
school district seeks to maintain a well-qualified professional staff and
encourages its teachers to improve their individual competence through
appropriate continuing education programs.
The superintendent shall be responsible for developing continuing
education guidelines for professional staff.
The following shall be considered in developing such guidelines:
1.
Consideration of the Mississippi Professional
Development Model, available from the Mississippi Department of Education;
2.
Emphasis on, and a definition of, appropriate
continuing education;
3.
Categories/qualifications of professional
employees to whom the guidelines will apply;
4.
Availability of funds for reimbursement of tuition
and/or other costs;
5.
Factors to be used in determining if the
continuing education course/program/activity qualifies for reimbursement;
6.
Application procedure for reimbursement of tuition
and/or other expenses; and,
7.
Other factors as deemed appropriate for this
District.
Persons
who possess two (2) years of classroom experience as an assistant teacher or
who have taught for one (1) year in accredited public or private school shall
be allowed to fulfill student teaching requirements under the supervision of a
qualified participating teacher approved by an accredited college of
education. The local school district in
which the assistant teacher is employed shall compensate such assistant
teachers at the required salary level during the period of time such individual
is completing student teaching requirements. §37-3-2 (6) (a)
It
shall be the policy of the
LEGAL
REF.: MS CODE as cited
CROSS
REF.: Policies CK — Administrative
Personnel Professional Development
GAD — Professional Staff Development
GADD —
Beginning Teacher Support Program
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BEGINNING TEACHER SUPPORT PROGRAM |
GADD |
A.
“Beginning teacher” means a teacher who:
1.
Possesses a teaching license issued by the
Commission on Teacher and Administrator Education, Certification and Licensure
and Development;
2.
Is employed at least half-time, primarily as a
classroom teacher, by a school district; and
3.
Has taught fewer than ninety (90) consecutive
days, or one hundred eighty (180) days total, as a licensed teacher in any
public school.
B.
“District” means any local school district.
C.
“Formal assistance” means a program provided by a
mentor teacher to a beginning teacher that includes, but is not limited to,
direct classroom observation and consultation; assistance in instructional
planning and preparations; support in implementation and delivery of classroom
instruction; and other assistance intended to enhance the professional
performance and development of the beginning teacher.
D.
“
1.
Possesses a standard teaching personnel service or
administrative license issued by the Commission on Teacher and Administrator
Education, Certification and Licensure and Development:
2.
At the time of selection, is employed under
contract primarily as a classroom teacher by a public school district or is
retired from a public school district;
3.
Has successfully taught for three (3) or more
years as a licensed teacher in any public school;
4.
Has been selected and trained as described in
Section 37-9-211; and
5.
Has demonstrated mastery of teaching skills and
subject matter knowledge.
E.
“Teacher” means a licensed employee of a local
school district who has a direct responsibility for instruction, coordination
of educational programs or supervision of teachers and who is compensated for
services from public funds. §37-9-201
(1999)
ESTABLISHMENT
OF BEGINNING TEACHER SUPPORT PROGRAM
1.
The
2.
After the 1992-1993 school year, any district is
eligible to participate in the beginning teacher support program.
3.
Two (2) or more districts may operate jointly a
beginning teacher support program if they meet all the requirements of Sections
37-9-201 through 37-9-213.
4.
Educational consortia established for approved
teacher education programs pursuant to rules of the
5.
To the extent practicable, school districts may
coordinate with institutions of higher education in the design, implementation
and evaluation of mentorship programs.
§37-9-205 (1995)
Each
district that wishes to participate in the beginning teacher support program
shall submit a formal application to the
A.
The names of all eligible beginning teachers
employed by the district and a description of their teaching assignments and
extracurricular duties;
B.
The names of mentor teachers selected by a
district and a description of their teaching assignments and the endorsement
area in which they are certified to teach:
C.
A description of the content and calendar of the
proposed beginning teacher support program.
The program must provide a minimum of ninety (90) hours of direct
contact between mentor teachers and beginning teachers, including observation
of or assistance with classroom teaching, or both, during the school day;
D.
A description of the amount and nature of each
eligible beginning teacher’s classroom and extracurricular duties and assurance
that these duties are not unreasonable for a beginning teacher; and
E.
A certification that no eligible beginning teacher
is or may be misassigned outside the teacher’s endorsement area, except as
provided for by rules of the Mississippi Teacher Center. §37-9-207 (1995)
After
consulting with representatives of teachers, administrators, school boards,
schools of education, the institutions of higher learning and such others as it
considers appropriate, the Mississippi Teacher Center shall develop or approve
workshops to provide training for mentor teachers and beginning teachers.
§37-9-209 (1995)
1.
The selection, nature and extent of duties of
mentor teachers shall be determined by the school district. The following guidelines shall apply;
a.
No teacher shall be designated as a mentor teacher
unless willing to perform in that role;
b.
No mentor teacher shall participate in the evaluation
of beginning teachers;
c.
Each mentor shall complete successfully a training
workshop provided or approved by the
d.
If a mentor teacher receives additional release
time to support a beginning teacher, it is expected that the total work load of
other teachers regularly employed by the school district should not increase in
any substantial manner.
2.
A district may:
a.
compensate mentor teachers from any available
funds for additional duties to support a beginning teacher which are performed
after regular school hours;
b.
grant additional release time to mentor teachers
for additional duties to support a beginning teacher which are performed after
regular school hours; and
c.
employ and compensate substitute teachers from any
available funds for assuming the regular teaching duties of mentor teachers who
are participating in the beginning teacher program §37-9-211 (1999)
LEGAL
REF.: MS CODE as cited
CROSS
REF.: Policy GAD — Professional Staff
Development
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STAFF COMPLAINTS AND GRIEVANCES |
GAE |
LICENSED STAFF
PURPOSE
The purpose of this grievance procedure is to secure
at the first possible administrative level an equitable solution to any
grievance.
DEFINITIONS
The following definitions shall apply in this
grievance procedure:
1. A "grievance" is a complaint
by an individual based upon an alleged violation of his or her rights under
state or federal law or board policy.
2. A "grievant" is a person or
persons making the complaint.
3. The term "days" shall mean
working school days and shall exclude weekends, holidays and vacation days.
PROCEDURE FOR PROCESSING GRIEVANCES
Grievances shall be processed in accordance with the
following procedure:
Level One
1. All grievances, as defined above, must
be presented orally to the principal or immediate supervisor of the grievant
within five (5) days of the act or omission complained of, and the principal or
immediate supervisor and grievant will attempt to resolve the matter
informally.
2. If the grievant is not satisfied with
the action taken or the explanation given by his/her principal or immediate
supervisor, the grievant shall, within five (5) days after meeting with his/her
principal or immediate supervisor, file a written statement with his/her
principal or immediate supervisor setting forth in detail how the grievant
claims to have been discriminated against.
This written statement shall contain, in addition to the above, the
time, place, and nature of the alleged act or omission and the state or federal
law or board policy violated. The
statement must be signed by the grievant.
3.
In the event the grievant
does not submit to his/her principal or immediate supervisor a written
statement as required, his/her failure to do so shall be deemed as an
acceptance of the informal decision rendered by his/her principal or immediate
supervisor.
4.
Within five (5) days after
receiving the grievant’s signed statement the principal or immediate supervisor
shall send to the superintendent a copy of the grievant’s statement, along with
a statement from the principal or immediate supervisor setting forth his/her
response to the grievant and/or his/her decision, as is applicable. At the same time, the principal or immediate
supervisor shall also provide a copy of his/her written statement to the
grievant.
Level Two
1. Upon receipt by the superintendent of
the written notice that the grievant intends to appeal the decision of his/her
principal or immediate supervisor, the superintendent shall notify the grievant
in writing within five (5) days and shall advise the grievant of the date,
time, and place upon which the matter will be considered by the
superintendent. The superintendent shall
schedule a hearing on the matter no later than ten (10) days from the date of
receipt of the grievant’s written notice of intention to appeal the written
decision of his/her principal or immediate supervisor.
2. The written statement submitted by the
grievant to his/her principal or immediate supervisor in Level One shall form
the basis of the grievance before the superintendent. The grievant shall submit to the
superintendent in writing any and all additional information on his/her behalf
which he/she desires not later than five (5) days prior to the date upon which
the matter is scheduled for hearing by the superintendent.
3. In the event the grievant does not
personally attend the hearing scheduled by the superintendent, his/her failure
to attend shall be deemed as an acceptance of the written decision rendered by
his/her principal or immediate supervisor at LEVEL ONE.
4. The superintendent shall render a
written decision to the grievant within five (5) days of the date upon which
the matter was heard.
Level Three
1. If the grievance is not resolved to the
satisfaction of the grievant at LEVEL TWO, or if the superintendent does not
render a decision within five (5) days, the grievant may file the grievance
with the secretary of the School Board.
2. If the grievance is not filed with the
secretary of the School Board within five (5) days of the hearing at LEVEL TWO,
the grievance shall be considered resolved.
3. Within five (5) days after receipt of
the grievance, the Board secretary, in concert with the Board chairman and
superintendent, shall schedule a hearing before the School Board on the
grievance.
4. The board shall render its decision
within seven (7) days of the hearing.
NON-LICENSED STAFF
The
Board of Trustees of the
Employment
decisions that adversely affect non-certified personnel may follow the
grievance procedure as stated below.
1.
Appeal to immediate administrative supervisor in
writing stating the grievance. The appeal
is to be received by the immediate administrative supervisor within five (5)
school or work days after grievance occurred.
2.
Upon receiving the written appeal the immediate
administrative supervisor will schedule a conference with the person making the
appeal within five (5) school or work days after receipt of appeal. After
receipt of a written grievance the copy of the grievance is to be forwarded to
the Superintendent of the school district.
3.
Within five (5) school or work days after the
conference was held the immediate supervisor will give the decision in writing
as to his/her decision with a copy forwarded to the superintendent. The decision will be hand delivered to the
person making the appeal.
4.
If the grievance is not solved to the satisfaction
of the person making the appeal an appeal may be made to the Superintendent of
the School District by a request in writing within five (5) school or work days
after receipt of the decision by the immediate administrative supervisor.
5.
Within five (5) school or work days after receipt
of appeal the superintendent will schedule
a conference with the person making the appeal.
6.
After a proper investigation, if necessary and
within five (5) school or work days after the conference, the superintendent of
the school district will issue his/her decision in writing. The written decision will be hand delivered
to the person making the appeal.
7.
The decision of the Superintendent shall be final.
8.
Should a termination be involved, non-certified
personnel will be given a two-weeks notice in writing from the superintendent
of the school district and the individual may be directed not to report to work
during the two-week period if in the opinion of the superintendent it is in the
best interest of the school district.
Also
see GAEB — Section 504.
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STAFF PROTECTION –
HARASSMENT/ABUSE |
GAEA |
Standard
23.11 is as follows: The school district is in compliance with state and/or
federal requirements for a School Safety Plan, including facilities that are
clean, safe, and equipped to meet the instructional needs of students and
staff. {MS Code 37-3-81, 37-7-301 (c)(d)(j), 37-11-5 and 49, 37-17-6(20), and
45-11-10}
It
shall be unlawful for any person to intimidate, threaten or coerce, or attempt
to intimidate, threaten or coerce, whether by illegal force, threats of force
or by the distribution of intimidating, threatening or coercive material, any
person enrolled in any school for the purpose of interfering with the right of
that person to attend school classes or of causing him not to attend such
classes. §37‑11‑20 (1972)
If any parent, guardian or other person shall abuse
any superintendent, principal, teacher or school bus driver or other school
official while school is in session or at a school-related activity, in the presence
of school students, such person shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than Ten Dollars ($10.00)
nor more than Fifty Dollars ($50.00).
§37-11-21 (1992)
If any person shall willfully disturb any session of
the public school or any public school meeting, such person shall be guilty of
a misdemeanor and, upon conviction, shall be punished by a fine of not less
than ten dollars ($10.00) nor more than fifty dollars ($50.00). §37‑11‑23 (1970)
The governing authorities of the municipality may,
at its discretion, investigate and provide legal counsel for the defense of any
claim, demand or action, whether civil or criminal, made or brought against any
school district employee as a result of his actions while acting in his
official capacity. §
HARASSMENT PROHIBITED
This school district affirms employee protection
provided under Title VII, and therefore “shall not tolerate verbal or physical
conduct by any employee, male or female, which harasses, disrupts, or
interferes with another’s work performance or which creates an intimidating,
offensive, or hostile environment.”
Further, this school district prohibits sexual
harassment of or by any student. This
policy applies to conduct during and relating to school and school-sponsored
activities. Sexual harassment is
inappropriate behavior and offensive.
Any student who engages in the sexual harassment of anyone in the school
setting may be subject to disciplinary action up to and including expulsion.
LEGAL REF.: MS
CODE as cited.
CROSS REF.: Policies
EBBA— School Safety Plan
GAAA
— Equal Opportunity Employment
GACN— Harassment
JC
— Student Conduct, JD, JDA - Discipline
KBB
— Media Access to School Campuses, Staff and Students
GAAC
— Hiring
GAE
— Staff Complaints and Grievances
GAEAA
— Sexual Harassment
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SEXUAL HARASSMENT – ALL
EMPLOYEES |
GAEAA |
The policy of the board of education forbids
discrimination against any employee or applicant for employment on the basis of
sex. The board of education will not
tolerate sexual harassment activity by any of its employees. This policy similarly applies to non-employee
volunteers who work subject to the control of school authorities.
A.
GENERAL PROHIBITIONS
1.
Unwelcome Conduct of a
Sexual Nature
a.
Conduct of a sexual nature may include verbal or physical sexual
advances, including subtle pressure for
sexual activity; touching, pinching, or patting, or brushing against; comments
regarding physical or personality characteristics of a sexual nature; and
sexually-oriented “kidding,” “teasing,” double-entendres, and jokes.
b.
Verbal or physical conduct of a sexual nature may constitute sexual
harassment when the allegedly harassed employee has indicated, by his or her
conduct, that it is unwelcome.
c.
Any employee who has initially welcomed such by active participation
must give specific notice to the alleged harasser that such conduct is no
longer welcome in order for any such subsequent conduct to be deemed unwelcome.
2.
Sexual Harassment
For the purposes of this policy,
unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of sexual nature constitute sexual harassment if:
a.
Submission to the conduct is made either an explicit or implicit
condition of employment;
b.
Submission to or rejection of the conduct is used as a basis for an
employment decision affecting the harassed employee; or
c.
The conduct substantially interferes with an employee’s work
performance, or creates an intimidating, hostile, or offensive work
environment.
B.
SPECIFIC PROHIBITIONS
1.
Administrators and
Supervisors
a.
It is sexual harassment for an administrator or supervisor to use his
or her authority to solicit sexual favors or attention from subordinates when
the subordinate’s failure to submit will result in adverse treatment, or when
the subordinate’s acquiescence will result in preferential treatment.
b.
Administrators and supervisors who either engage in sexual harassment or
tolerate such conduct by other employees shall be subject to sanctions, as
described below.
2.
Non-administrative and
Non-supervisory Employees
It is sexual harassment for a
non-administrative and non-supervisory employee to subject another such
employee to any unwelcome conduct of a sexual nature. Employees who engage in such conduct shall be
subject to sanctions as described below.
C.
REPORTING, INVESTIGATION,
AND SANCTIONS
1.
It is the express policy of
the Board of Education to encourage victims of a sexual harassment to come
forward with such claims. This may be
done through the Employee Grievance Resolution Procedure.
a.
Employees who feel that administrators or supervisors are conditioning
promotions, increases in wages, continuation of employment, or other terms or
conditions of employment upon sexual favors, are encouraged to report these
conditions to the appropriate administrator.
If the employee’s direct administrator or supervisor is the offending
person, the report shall be made to the next higher level of administration or
supervision.
b.
Employees are also urged to report any unwelcome conduct of a sexual
nature by supervisors or fellow employees if such conduct interferes with the
individual’s work performance or creates a hostile or offensive working
environment.
c.
Confidentiality will be maintained and no reprisals or retaliation will
be allowed to occur as a result of the good faith reporting of charges of
sexual harassment.
2.
In determining whether alleged conduct constitutes sexual harassment, the
totality of the circumstances, the nature of the conduct, and the context in
which the alleged conduct occurred will be investigated. The superintendent has the responsibility of
investigating and resolving complaints of sexual harassment.
3.
Any employee found to have engaged in sexual harassment shall be
subject to sanctions, including, but not limited to, warning, suspension, or
termination subject to applicable procedural requirements.
SEXUAL MISCONDUCT PROHIBITED
If any person eighteen (18) years or older who is
employed by any public or private school district in this state is accused of
fondling or having any type of sexual involvement with any child under the age
of eighteen (18) years who is enrolled in such school, the principal of such
school and the superintendent of such school district shall timely notify the
district attorney with jurisdiction where the school is located of such
accusation, provided that such accusation is reported to the principal and to
the school superintendent and that there is reasonable basis to believe that
such accusation is true. §97-5-24 (1994)
If any teacher and any pupil under eighteen (18)
years of age of such teacher, not being married to each other, shall have
sexual intercourse, each with the other, they shall, for every such offense, be
fined in any sum, not more than five hundred dollars ($500.00) each, and the
teacher may be imprisoned not less than three (3) months nor more than six (6)
months. §97-29-3 (1980)
HARASSMENT PROHIBITED
This school district affirms employee protection
provided under Title VII, and therefore “shall not tolerate verbal physical
conduct by any employee, male or female, which harasses, disrupts, or
interferes with another’s work performance or which creates an intimidating,
offensive, or hostile environment.”
Further, this school district prohibits sexual
harassment of or by any student. This
policy applies to conduct during and relating to school and school-sponsored
activities. Sexual harassment is
inappropriate behavior and offensive.
Any student who engages in the sexual harassment of anyone in the school
setting may be subject to disciplinary action up to and including expulsion.
LEGAL REF.: MS
CODE as cited
1972
Education Amendments, Title VII and Title IX
CROSS REF.: Policies
GAAA — Equal Opportunity Employment
GACN —Harassment
GAE
— Staff Complaints and Grievances
GAEA
— Staff Protection
|
EMPLOYEES’ COMPLAINTS OF
SEXUAL DISCRIMINATION/HARASSMENT
PROCEDURES |
GAEAB |
Employees
in the
This
complaint procedure shall provide a process for filing, processing and
resolving complaints on such matters. Adherence to these procedures is
mandatory. The failure of any person to
follow these procedures will constitute a waiver of the right to pursue a
complaint at any level, including review by the Board.
I.
DEFINITIONS
A.
“Sexual harassment” exists when unwelcomed sexual
advances, requests for sexual favors or other verbal or physical conduct of a
sexual nature meets one of the following criteria:
1.
QUID PRO QUO HARASSMENT – Submission to such
conduct is made, either implicitly or explicitly, a term or condition for an
employee’s assignment of duties, promotion or other work-related benefit.
2.
QUID PRO QUO HARASSMENT – Submission to or
rejection of such conduct by an individual is used as the basis for decisions
affecting that individual.
3.
HOSTILE ENVIRONMENT HARASSMENT – Such conduct has
the purpose or effect of unreasonably interfering with the employee’s work
performance or creating an intimidating, hostile or offensive teaching or work
environment.
B.
A “complaint” is a report by an employee which
alleges that a policy or practice of the District or a practice or act of any
of its employees has discriminated against the complaining employee on the
basis of sex, including sexual harassment.
C.
The “complainant” is the employee who submits a
complaint.
D.
The “respondent” is the person alleged to be
responsible for the violation alleged in a complaint. The term may be used to designate persons
with responsibility for a particular action or those persons with supervisory
responsibility for procedures and policies in those areas covered in the
complaint.
E.
The “Title IX Coordinator” is the person(s)
designated to coordinate the District’s efforts to comply with and carry out
responsibilities under state and federal laws addressing equal
opportunity. The “Title IX Coordinator”
will manage the complaint process for both employee complaints under this
policy and student complaints under the Title IX complaint procedure.
F.
A “day” means a working day and does not include
holidays and/or weekends.
II.
GENERAL RULES
A.
Since it is important that complaints be filed and
processed as rapidly as possible, the number of days indicated at each step are
considered to be maximum and every effort will be made to expedite the
process. At any step in the complaint
procedure, the time limits may be extended only when necessary under the
circumstances. In no event shall these
procedures be extended for more than a 90-day period.
B.
If a review is not requested at any step within
the time allotted, and if the decision at the prior step found a reasonable
basis to believe that an employee has engaged in any sexual misconduct or
involvement with any student under the age of 18, the Title IX Coordinator
shall, immediately upon the expiration of the allotted time, submit such
information to the superintendent. The
superintendent shall make such information available to the appropriate
District Attorney as required by district policy and
C.
Facts elicited during the complaint procedure are
confidential and do not become part of a student’s permanent record. A copy of documents, communications and
records dealing with the processing of a complaint will be filed in a separate
file as designated by the superintendent.
D.
Facts elicited during the complaint procedure that
result in adverse disciplinary action against an employee become part of that
employee’s personnel file.
E.
The failure of a complainant to proceed from one
step to the next within the set time limits, without being granted an extension
of time by the Title IX Coordinator, shall be deemed to be an acceptance of the
decision previously rendered and shall eliminate any future review concerning
that particular complaint.
F.
The failure of the reviewing officer(s) to
communicate his/her decision to the complainant or respondent within the time
limits shall permit the complainant or respondent to proceed to the next step.
G.
The complainant may withdraw his/her complaint at any step without
reprisal. However, a complainant shall
not be permitted to refile the same complaint once withdrawn unless it is
within the initial time period.
H.
No reprisal shall be invoked against complainant
for filing a complaint or against any person for participation in any way in
this procedure.
I.
If the complaint is against the employee’s
supervisor, the complainant may go directly to the Title IX Coordinator.
III.
PROCEDURES FOR PROCESSING A COMPLAINT
Party/Parties Involved-Action Required
|
A. |
Complaint |
Within 5 days from the time a complaint becomes known, the complainant
must complete and submit to the Title IX Coordinator a written “Title IX
Report” form. The report must state
the respondent’s name, the nature and date of the alleged violation, the
names of any witnesses to such alleged violation and requested action. Forms shall be available from all
principals’ offices and from the Title IX Coordinator. |
|
B. |
Title IX Coordinator |
Within 2 days from receipt of the written complaint, the Title IX
Coordinator shall notify the Respondent. |
|
C. |
Respondent |
Within 5 days, the Respondent shall be required to respond in writing
to the Title IX Coordinator, as follows; 1.
Confirm or deny the facts as alleged; 2.
Indicate acceptance or rejection of the
complainant’s requested action; or 3.
Outline alternative actions. |
|
D. |
Title IX Coordinator |
Within 5 days from receipt of the respondent’s response, the Title IX
Coordinator shall provide an initial response to the complainant and
respondent, stating initial conclusions of fact and proposed action, if any. |
|
E. |
Complainant
or Respondent |
Within five (5) days of receiving the initial response, the
complainant or respondent may request, in writing, a hearing on the matter. |
|
F. |
Title IX Coordinator |
Upon receipt of a written request for hearing, the Title IX
Coordinator shall schedule a hearing to be held within 5-10 days before an
unbiased panel of 3-5 District employees.
The Title IX Coordinator shall give written notice of such hearing to
the complainant, respondent, student’s principal or employee’s supervisor,
superintendent and other appropriate witnesses if applicable |
|
G. |
Title
IX Coordinator, Grievant, Title IX Hearing Panel |
Within 5-10 days of the receipt of the written request for a hearing
by the Title IX Coordinator, a hearing shall be before an unbiased panel of
3-5 District employees. The Title IX
Coordinator shall facilitate the hearing, at which the following rules shall
apply: 1.
The hearing shall be informal and the legal
rules of evidence and procedure shall not apply. 2.
The complainant and respondent shall be
permitted to submit written evidence and to bring witnesses before the panel. 3.
The Title IX Hearing Panel members may question
any witnesses brought before them. 4.
The complainant and respondent shall be
permitted to make a statement before the panel and may be permitted to
examine their witnesses and to cross-examine witnesses actually presented by
the other parties. 5.
Representation of the complainant or respondent
by other individuals shall not be permitted. 6.
The Title IX Coordinator shall create and
maintain a record of the hearing which shall
include the names of all witnesses, all investigation reports, a
summary of all witness testimony and all documentary evidence. |
|
H. |
Title IX Hearing Panel |
Within five (5) days after the hearing, the Title IX Hearing Panel
shall issue a written decision which shall include findings of fact and
recommended action. |
|
I. |
Title IX Coordinator |
Upon receipt of the decision of the Title IX Hearing Panel, the Title
IX Coordinator shall provide a copy of such decision to the complainant,
respondent, the employees’ supervisors and superintendent. |
|
J. |
Complainant
or Respondent |
If the complainant or respondent is not satisfied with the decision,
he/she may request a review by the superintendent. The request for such review must be made in
writing to the Title IX Coordinator within five (5) days of receipt of the
panel’s decision. |
|
K. |
Title IX Coordinator |
Upon receipt of a request for review by the superintendent, the Title
IX Coordinator shall notify the superintendent of such request and submit to
the superintendent the record of the hearing, the panel decision and all
related documents. |
|
L. |
Superintendent |
Within ten (10) days of notice of request for review, the
superintendent shall review the record and panel decision and shall issue a
decision. The superintendent shall
have his/her decision provided to the Title IX Coordinator, complainant,
respondent and the employee’s supervisors within the ten (10) day period. |
|
M. |
Complainant
or Respondent |
Within five (5) days of the receipt of the superintendent’s decision,
if dissatisfied with the decision, the complainant or respondent must submit
a written request for review by the School Board to the Title IX Coordinator. |
|
N. |
Title IX Coordinator |
Upon receipt of the request for review, the Title IX Coordinator must
schedule a review before the governing School Board to be held at the Board’s
next regular or special meeting, but in no event more than thirty (30) days
from such request. The Title IX
Coordinator shall provide the Board members with copies of the hearing
record, all investigation reports, the panel decision, the superintendent’s
decision and all related documents. |
|
O. |
School
Board, Title IX Coordinator, Complainant, and Respondent |
Within thirty (30) days of the request for review, the Board shall
review the hearing record, all investigation, all reports, the panel
decision, the superintendent’s decision and all related records. The review is not a hearing and no party has the right to
present further witnesses or other evidence or to examine any witness or
party. However, the Board may, in its
discretion, permit statements of limited duration from the respondent or
his/her representative. All usual
rules of Board procedure shall apply.
Furthermore, the Board may, in its discretion, require that the review
be conducted in closed or executive session. |
|
P. |
School Board |
Within ten (10) days of the review, the Board shall issue a final
written decision. The Board may concur
in the findings of the superintendent and direct that the recommended actions
be taken or may make alternative findings and direct appropriate actions be
taken by the superintendent or other appropriate administrator. The decision of the Board is final. |
|
GRIEVANCES – EMPLOYEES AND
VISITORS – SECTION 504/AMERICANS WITH DISABILITIES ACT |
GAEB/JCAA/LDDC |
Any
person who believes that he/she has been subjected to discrimination as
prohibited by Section 504 of the Rehabilitation Act of 1973 or the Americans
with Disabilities Act may file a complaint pursuant to the procedures set forth
below. A grievance may be filed to resolve
any disputes arising under these laws.
Filing a complaint will not subject the complainant to any form of
adverse action, reprimand, retaliation or otherwise negative treatment by
school district personnel.
1.
Within ten (10) days of when a complainant knew or
should have known of discriminatory conduct, a complaint shall be given in
writing to the school principal or Section 504/ADA Coordinator. The complaint shall describe specifically
the time, place and nature of, and the participants in the alleged
discriminatory acts. The Section 504/ADA
Coordinator shall, within ten (10) days of receipt of the complaint, conduct or
cause to be conducted a thorough investigation including questioning of all
parties involved. After the
investigation is complete, the Section 504/ADA Coordinator shall meet with the
complaining party and give a full report of the findings.
2.
If the grievance or complaint is not
satisfactorily resolved at Step 1, the complainant shall have ten (10) days to
appeal the Step 1 findings to the Superintendent of Schools. The complainant shall present his/her
complaint in writing, describing specifically the reasons for his/her
dissatisfaction with the results of Step 1. The superintendent or his/her
designee shall review all aspects of the complaint and complete an additional
investigation if necessary. The
Superintendent of Schools and/or his/her designee shall respond to the
complainant in writing within ten (10) days of receipt of the written appeal or
when the investigation has been completed in its entirety.
3.
If the complainant is not satisfied with the
results of Step 2, the complaining party shall have fifteen (15) days from
receipt of the superintendent's decision to appeal the complaint to the Board
of Trustees. The appeal shall be in
writing, describing specifically the reasons for requesting an opportunity to present an oral statement to
the Board before the Board makes its decision.
The Board's decision shall be rendered within thirty (30) days after
receipt of the appeal or when the investigation has been completed in its
entirety.
Also
see IDDHA, IDDHB for Section 504/Students
|
STAFF CONFLICT OF INTEREST |
GAG |
It
shall be illegal for any superintendent, principal or other licensed employee
to be elected by the School Board if such 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, 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 way. Any
contract entered into in violation of the provisions of this section shall be
null and void. §37-9-21 (1987)
It
shall be unlawful for any member of the Board of Trustees of any school
district, any member of the county board of education, the county
Superintendent of Schools or any superintendent, principal, teacher, or
employee of a county board of education or any school district to have or own
any direct or indirect interest individually or as agent or employee of any
person, partnership, firm or corporation in any contract made or let by the
county board of education, the county Superintendent of Schools or the Board of
Trustees of the school district for the construction, repair, or improvement of
any school facility, the furnishing of any supplies, materials, or other
articles, the doing of any public work or the transportation of children or
upon any subcontract arising therefrom or connected therewith in any
manner. The Board of Trustees of any
school district shall be authorized to contract with a teacher or school
district employee to perform extra work without being in violation of the
provisions of this section. The Board of
Trustees shall make a case by case determination of the possible conflicts of
interest arising from any extra work contracts and such decision by the board
shall be final. Any contract entered
into in violation of the provisions of this section shall be void and of no
effect. Any person who shall authorize
or enter into any contract in violation of the provisions hereof, or who shall
knowingly or willfully pay out or receive any money upon any such contract
shall be civilly liable for the amount so paid or received, and, in the case of
an official who has furnished a bond, the surety upon such bond shall likewise
be liable for such amount. In addition
thereto, any person who shall violate the provisions of this section shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment in the county jail not less than thirty (30) days
nor more than ninety (90) days, or by both such fine and imprisonment, in the
discretion of the court. §37-11-27 (1989)
The
following definitions apply in this policy unless the context otherwise
requires:
a.
"Authority" means any component unit of
a governmental entity.
b.
"Benefit" means any gain or advantage to
the beneficiary, including any gain or advantage to third person pursuant to
the desire or consent of the beneficiary.
c.
"Business" means any corporation,
partnership, sole proprietorship, firm, enterprise, franchise, association,
organization, holding company, self-employed individual, joint stock company,
receivership, trust or other legal entity or undertaking organized for economic
gain, a nonprofit corporation or other such entity, association or organization
receiving public funds.
d.
"Business with which he/she is
associated" means any business of which a public servant or his/her
relative is an officer, director, owner, partner, employee or is a holder of
more than ten percent (10%) of the fair market value or from which he/she or
his/her relative derives more than one thousand dollars ($1,000.00) in annual
income or over which such public servant or his/her relative exercises control.
e.
"Compensation" means money or thing of
value received, or to be received, from any person for services rendered.
f.
"Contract" means:
i.
Any agreement to which the government is a party;
or
ii.
Any agreement on behalf of the government which
involves the payment of public funds.
g.
"Government" means the state and all
political entities thereof, both collectively and separately, including but not
limited to:
i.
Counties;
ii.
Municipalities;
iii.
All school districts;
iv.
All courts; and
v.
Any department, agency, board, commission,
institution, instrumentality, or legislative or administrative body of the
state, counties or municipalities created by statute, ordinance or executive
order including all units that expend public funds.
h.
"Governmental entity" means the state, a
county, a municipality or any other separate political subdivision authorized
by law to exercise a part of the sovereign power of the state.
i.
"Income" means money or thing of value
received, or to be received, from any source derived, including but not limited
to, any salary, wage, advance, payment, dividend, interest, rent, forgiveness
of debt, fee, royalty, commission or any combination thereof.
j.
“Intellectual property” means any formula,
pattern, compilation, program, device, method, technique or process created
primarily as a result of the research effort of an employee or employees of an
institution of higher learning of the State of
k.
"Material financial interest" means a
personal and pecuniary interest, direct or indirect, accruing to a public
servant or spouse, either individually or in combination with each other. Notwithstanding the foregoing, the following
shall not be deemed to be a material financial interest with respect to a
business with which a public servant may be associated:
(i)
Ownership of any interest of
less than ten percent (10%) in a business where the aggregate annual net income
to the public servant therefrom is less than One Thousand Dollars ($1,000.00);
(ii) Ownership of any interest of less than two percent (2%) in a business where the aggregate annual net income to the public servant therefrom is less than Five Thousand Dollars ($5,000.00);
(iii) The income as an employee of
a relative if neither the public servant or relative is an officer, director or
partner in the business and any ownership interest would not be deemed material
pursuant to subparagraph (i) or (ii) herein; or
(iv) The income of the spouse of
a public servant when such spouse is a contractor, subcontractor or vendor with
the governmental entity that employs the public servant and the public servant
exercises no control, direct or indirect, over the contract between the spouse
and such governmental entity.
l.
"Pecuniary benefit" means benefit in the
form of money, property, commercial interests or anything else the primary
significance of which is economic gain.
Expenses associated with social occasions afforded public servants shall
not be deemed a pecuniary benefit.
m.
"Person" means any individual, firm,
business, corporation, association, partnership, union or other legal entity,
and where appropriate a governmental entity.
n.
"Property" means all real or personal
property.
o.
"Public funds" means money belonging to
the government.
p.
"Public servant" means:
i.
Any elected or appointed official of the
government;
ii.
Any officer, director, commissioner, supervisor,
chief, head, agent or employee of the government or any agency thereof, or of
any public entity created by or under the laws of the state of Mississippi or
created by an agency or governmental entity thereof, any of which is funded by
public funds or which expends, authorizes or recommends the use of public
funds; or
iii.
Any individual who receives a salary, per diem or
expenses paid in whole or in part out of funds authorized to be expended by the
government.
q.
"Relative" means the spouse, child or
parent.
r.
"Securities" means stocks, bonds, notes,
convertible debentures, warrants, evidences of debts or property or other such
documents. §25-4-103 (1992)
1.
No public servant shall use his/her official
position to obtain pecuniary benefit for himself/herself other than that
compensation provided for by law, or to obtain pecuniary benefit for any
relative or any business with which he/she is associated.
2.
No public servant shall be interested, directly or
indirectly, during the term for which he/she shall have been chosen, or within
one (1) year after the expiration of such term, in any contract with the state,
or any district, county, city or town thereof, authorized by any law passed or
order made by any board of which he/she may be or may have been a member.
3.
No public servant shall:
a.
Be a contractor, subcontractor or vendor with the
governmental entity of which he/she is a member, other than in his/her contract
of employment, or have a material financial interest in any business which is a
contractor, subcontractor or vendor with the governmental entity of which
he/she is a member.
b.
Be a purchaser, direct or indirect, at any sale
made by him/her in his/her official capacity or by the governmental entity of
which he/she is an officer or employee, except in respect of the sale of goods
or services when provided as public utilities or offered to the general public
on a uniform price schedule.
c.
Be a purchaser, direct or indirect, of any claim,
certificate, warrant or other security issued by or to be paid out of the
treasury of the governmental entity of which he/she is an officer or employee.
d.
Perform any service for any compensation during
his/her term of office or employment by which he/she attempts to influence a
decision of the authority of the governmental entity of which he/she is a member.
e.
Perform any service for any compensation for any
person or business after termination of his/her office or employment in
relation to any case, decision, proceeding or application with respect to which
he/she was directly concerned or in which he/she personally participated during
the period of his/her service or employment.
4.
Notwithstanding the provisions of subsection (3)
of this section, a public servant or his/her relative:
a.
May be an officer or stockholder of banks or
savings and loan associations or other such financial institutions bidding for
bonds, notes or other evidences of debt or for the privilege of keeping as
depositories the public funds of a governmental entity thereof or the editor or
employee of any newspaper in which legal notices are required to be published
in respect to the publication of said legal notices.
b.
May be a contractor or vendor with any authority
of the governmental entity other than the authority of the governmental entity
of which he/she is a member, officer, employee or agent or have a material
financial interest in a business which is a contractor or vendor with any
authority of the governmental entity other than the authority of the
governmental entity of which he/she is a member, officer,
employee or agent where such contract is let to the lowest and best
bidder after competitive bidding and three (3) or more legitimate bids are
received or where the goods or services involved are reasonably available from
two (2) or fewer commercial sources, provided such transactions comply with the
public purchases law.
c.
May be a subcontractor with any authority of the
governmental entity other than the authority of the governmental entity of
which he/she is a member, officer, employee or agent or have a material
financial interest in a business which is a subcontractor with any authority of
the governmental entity other than the authority of the governmental entity of
which he/she is a member, officer, employee or agent where the primary contract is let to the
lowest and best bidder after competitive bidding or where such goods or
services involved are reasonably available from two (2) or fewer commercial sources, provided such
transactions comply with the public purchases law.
d.
May be a contractor, subcontractor or vendor with
any authority of the governmental entity of which he/she is a member,
officer, employee or agent or have a
material financial interest in a business which is a contractor, subcontractor
or vendor with any authority of the governmental entity of which he/she is a
member, officer, employee or agent: (1) where such goods or services involved
are reasonably available from two (2) or fewer commercial sources, provided
such transactions comply with the public purchases law; or (ii) where the
contractual relationship involves the further research, development, testing,
promotion or merchandising of an intellectual property created by the public
servant.
e.
May purchase securities issued by the governmental
entity of which he/she is an officer or employee if such securities are offered
to the general public and are purchased at the same price as such securities
are offered to the general public.
f.
May have an interest less than a material
financial interest in a business which is a contractor, subcontractor or vendor
with any governmental entity.
g.
May contract with the Mississippi Veterans Home
Purchase Board, Mississippi Housing Finance Corporation, or any other state
loan program for the purpose of securing a loan; however, public servants shall
not receive favored treatment.
h.
May be employed by or receive compensation from an
authority of the governmental entity other than the authority of the
governmental entity of which the public servant is an officer or employee.
i.
If a member of the Legislature or other public
servant employed on less than a full-time basis, may represent a person or
organization for compensation before an authority of the governmental entity
other than an authority of the governmental entity of which he/she is an
officer or employee.
5.
No person may intentionally use or disclose
information gained in the course of or by reason of his/her official position
or employment as a public servant in any way that could result in pecuniary
benefit for himself, any relative, or any other person, if the information has
not been communicated to the public or is not public information.
6.
Any
contract made in violation of this section may be declared void by the
governing body of the contracting or selling authority of the governmental
subdivision or a court of competent jurisdiction and the contractor or
subcontractor shall retain or receive only the reasonable value, with no
increment for profit or commission, of the property or the services furnished
prior to the date of receiving notice that the contract has been voided.
7.
Any person violating the provisions of this
section shall be punished as provided for in Sections 25-4-109 and 25-4-111.
§25-4-105 (1994)
Important 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
Also
see CGD, CP, CEC
|
POLITICAL ACTIVITY OF STAFF MEMBERS |
GAHB |
The board recognizes the right of its employees and
encourages them as citizens to engage in activities which exemplify good
citizenship. However, school property
and school time shall not be used for political purposes.
CROSS REF.: Policies BA – Board Operations Goals and
Objectives
IB – Instructional Goals
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PARTISAN
POLITICAL ACTIVITIES |
GAHBB |
Public
funds cannot be used for political activity of any kind by any person or
organization involved in the administration of public school assisted programs.
The
Board of Education of the
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EMPLOYEE
ARREST |
GAHD |
An employee who is arrested or charged with a felony
or misdemeanor is required to notify his or her immediate supervisor and the
superintendent as soon as possible but not later than within 24 hours. Failure to report such incidents may result
in disciplinary action up to and including termination.
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ARREST OF
TEACHER |
GAHDA |
(1)
Except as provided in subsection (2) of this section, before an arrest
warrant shall be issued against any teacher who is a licensed public school
employee as defined in Section 37-9-1 for a criminal act, whether misdemeanor
or felony, which is alleged to have occurred while the teacher was in the
performance of the teacher’s official duties, a probable cause hearing shall be
held before a circuit court judge. The purpose
of the hearing shall be to determine if adequate probable cause exists for the
issuance of a warrant. All parties
testifying in these proceedings shall do so under oath. The accused shall have the right to enter an
appearance at the hearing, represented by legal counsel at his/her own expense,
to hear the accusations and evidence against him/her; he may present evidence
or testify in his/her own behalf.
The authority receiving any
such charge or complaint against a teacher shall immediately present same to
this county prosecuting attorney having jurisdiction who shall immediately
present the charge or complaint to a circuit judge in the judicial district
where the action arose for disposition pursuant to this section.
(2)
Nothing in this section shall prohibit the issuance of an arrest warrant
by a circuit court judge upon presentation of probable cause, without the
holding of a probable cause hearing, if adequate evidence is presented to
satisfy the court that there is a significant risk that the accused will flee
the court’s jurisdiction or that the accused poses a threat to the safety or
well-being of the public.
This act shall take effect
and be in force from and after
Ref: §97-37-7, MS Code of 1972, amended, §37-91.
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SOLICITATIONS |
GAI
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Teachers shall attempt to develop in children a
sense of responsibility to worthy causes which depend upon voluntary
contributions for their support.
Encouragement shall be given to students to understand the needs of
welfare organizations and the obligation to support these organizations. Charity drives must be approved by the
Superintendent and shall be concurrent with those in the community. No drives will extend beyond five (5) school
days. No quota shall be set for
individuals or groups for teacher, students or non-teaching personnel.
Solicitations or sales must conform to the following
guidelines:
1.
No person or persons may
solicit or sell services or articles to students, employees or spectators upon
school property without written permission of the Superintendent.
2.
No solicitation or
contributions shall be collected by students, employees, or spectators without
written permission of the Superintendent.
3.
Schools do not provide lists
of students and their addresses for commercial purposes.
4.
No tickets are sold within a
school for events other than those sponsored by the school itself, except with
the approval of the Superintendent.
5.
Material originating outside
the school system – such as circulars, handbills, posters, cards, booklets or
other types of advertising are not displayed or distributed to teachers or
students or sent into homes by the school unless approved in advance by the
Superintendent.
6.
No teacher shall make any
money collection from any student for any purpose without the consent of the
Superintendent.
7.
No article may be sold to or
by students under direction of the school except those approved by the
Superintendent and offered for sale in connection with the instructional
program.
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PERSONNEL
RECORDS |
Revised
07-14-08 GAK |
The
superintendent shall develop and implement a comprehensive system of personnel
records to include:
1.
A personnel folder for each employee, licensed and
non-licensed, is to be maintained in perpetuity in the district administration
office. Each folder shall contain the
application for employment as well as information relative to compensation,
payroll deductions, evaluations, and other pertinent material to include:
A.
Up-to-date and valid copy of Mississippi Teacher’s
Certificate. (Any changes are to be
reported immediately by the person concerned).
(Licensed personnel only)
B.
Current and correct name, home address,
withholding tax status and other vital information (staff should report any changes
immediately).
2.
Performance ratings shall be considered
confidential. Personnel folders shall
not be open for public inspection, and information shall not be transmitted to
other persons or agencies without written approval of the employee or as subpoenaed
by competent authority.
3.
Each employee shall have the right, upon written
request, to review his/her own personnel file.
Personnel
records and applications for employment in the possession of a School Board,
except those which may be released to the person who made the application or
with the prior written consent of the person who made the application, shall be
exempt from the provisions of the Mississippi Public Records Act of 1983.
Legal
Ref.:
No complaint, commendation, suggestion or evaluation
may be placed in the evaluation file unless it meets the following
requirements:
1.
The comment is signed by the
person making the complaint, commendation, suggestion, or evaluation; and
2.
The Superintendent or
teacher’s principal has notified the teacher by letter or in person that the
comment is available in the Superintendent’s office for inspection prior to its
placement in the teacher’s evaluation section.
The employee may offer a denial or explanation of
the complaint, commendation, suggestion or evaluation, and any such denial or
explanation shall become a part of the teacher’s evaluation section.
Access to an employee’s personnel file may be given
to the following persons without the consent of the teacher:
The Superintendent, the principal, the employee’s
supervisor and a School Board member if it relates to his/her duties or
responsibilities as a Board member.
No other person may have access to an employee’s
personnel file except under the following circumstances:
1.
When the employee gives
written consent to the release of his/her records. The written consent must specify the records
to be released and to whom they are to be released. Each request for consent must be handled
separately; blanket permission for release of information shall not be
accepted.
2.
When subpoenaed or under
court order.
Employees may have access to his/her own personnel
file at all reasonable times, i.e., during regular office hours.
The right to access includes the right to make
written objections to any information contained in the file. Any written objection must be signed by the
employee and it shall become part of the personnel file.
The Superintendent shall be the records manager for
personnel files and shall have the overall responsibility for maintaining and
preserving the confidentiality of personnel files.
Such other personnel records that a Board may
maintain should not be contrary to Title VII of the Civil Rights Act of 1964 or
Title IX of the Educational Amendments of 1972.
REF: 20 U.S.C. 1232 et seq
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SALARY DEDUCTIONS |
GAL |
It shall be unlawful for the Superintendent of the
school district to deduct or permit to be deducted from the salary of any
superintendent, principal or teacher any dues, fines or penalties payable or
alleged to be payable because of the membership of such superintendent,
principal or teacher in any organization or association. However, dues or premiums in health
associations or corporations and tax sheltered annuity deductions authorized by
the
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STAFF RIGHTS AND RESPONSIBILITIES |
GAM
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A.
The primary duty of the
teacher is to teach the students the basic skills including guidance,
discipline, technology, safety and hygiene.
The teacher’s responsibility to the students is not confined to
classrooms but extends to school corridors, restrooms, playgrounds, or
excursions away from the school premises.
The teachers in this school system shall strive at all times to:
1.
Maintain cordial
relationships with home and parents.
2.
Keep parents duly informed
with the degree of their child’s progress in terms which emphasize the
significant items of growth and personality.
3.
Interpret the work of the
schools fairly, honestly and adequately to patrons at every opportunity. See that written reports to parents are made
as required by the district.
4.
Plan, organize, carry out
and evaluate each day’s learning activities with the students.
5.
Draw upon the needs and
interests of each child as sources for motivating his/her learning activities.
6.
Guide the school activities
of the student in classroom and extra-curricular experience so that the
learners are given every opportunity to practice good citizenship.
7.
Cooperate with other faculty
members and school employees toward school betterment, curriculum revision,
improvement in plans and policies and proper execution of existing policies.
8.
Arrange a program of
activities with a view of giving each child his/her best possible opportunity
to grow at his/her best rate toward the kind of maturity desirable and
attainable for him/her.
B.
The Superintendent shall
have the power to change any teacher from any subject, any other grade or from
any school to another school at any time, when, in his discretion, it may be to
the best interests of the schools to do so and the Board approves.
C.
All teachers must meet the
requirements for certification/licensure as set forth by the State Department
of Education.
D.
Teachers who plan to be
absent should notify the building principal at the earliest moment. The superintendent’s designated
representative shall keep a list of the substitute teachers and shall be
responsible for securing them when needed.
E.
Teachers may be granted
leave to attend educational conferences, meetings, workshops, committees, hearings
and assemblies when attendance is felt to be beneficial to the teacher and the
community. Permission to attend these
meetings must be secured from the Superintendent of Schools in advance of the
meeting. Time taken off shall not be
charged to accumulative leave due the employee in any year. All time off for above shall be reported to
the Board.
F.
Teachers shall attempt to
develop in children a sense of responsibility to worthy causes which depend
upon voluntary contributions for their support.
Encouragement shall be given to students to understand the needs of
welfare organizations and the obligation to support these organizations.
G.
No student, teacher or other
school employee may be solicited by agents or representatives of business,
commercial or financial institutions while on school premises, except as such
business relates to school program, and then only by authorization of the
member of the administrative staff concerned.
H.
No article may be sold by or
to students under direction of the school except those approved by the
Superintendent and offered for sale in connection with the instructional
program.
I.
No tickets are sold within a school for events other than those
sponsored by the school itself, except with approval of the Superintendent.
J.
Material originating outside
the school system – such as circulars, handbills, posters, cards, booklets or
other types of advertising are not displayed or distributed to teachers or
students or sent into homes by the school unless approved in advance by the Superintendent
or designee.
K.
Schools do not provide lists
of students and their addresses.
L.
Members of the faculty of
the district have a definite duty and responsibility for working with the
Parent-Teacher Association to strengthen the effective operation of the schools
through increasing home-school-community cooperation. The Board considers the PTO an important part
of our schools. Attendance at the
meetings is a teacher obligation.
M. Teachers may be required to
report for duty before the actual opening of school for workshops or other
purposes approved by the Board.
N.
Teachers shall be held
strictly accountable to the principal and the school superintendent for the
performance of their teaching duties.
All teaching assignments, directions, and orders shall be transmitted to
the teacher by or through the principal and superintendent and never directly
by a school board member. It shall be the duty of the Superintendent to report
in writing at any time to the Board any incompetence either in scholarship or
other qualifications that he may observe on the part of principals or teachers.
O.
All teachers shall make any
and all requests to the Board through the principal.
P.
No teacher shall make any
money collection from any child for any purpose without the consent of the
Superintendent or designee.
Q.
Teachers are expected to be
in their respective buildings continuously when school is in session except
when excused by the principal. In
addition to teaching, each teacher is subject to assignment by the principal of
the responsibility for a portion of the miscellaneous services and activities,
exhibitions of work, supervision of halls, playground, lunch room, and
committee activity. School grounds
officially open thirty minutes before school opens in the morning and at
recess. Teacher supervision is provided
at these times. Students must go home
immediately upon dismissal except where special activity under teacher
supervision is conducted after school.
R.
While the Board of Trustees
does not wish to interfere with any teacher’s free time, it is to be expected
that outside employment shall not interfere with the teacher’s efficiency in
carrying out school responsibility. If,
in the opinion of his/her immediate supervisor the teacher’s efficiency is
impaired by outside employment, it shall be the responsibility of the
supervising employee to report the matter to the Superintendent of Schools for
consideration and appropriate action.
It is hereby declared to be the policy of the Board
of Education that the use, possession or sale of any narcotic drugs, as
reflected in schedules I through V of controlled substances outlined in
sections 41-29-113 through 41-29-121, Mississippi Code, 1972 Annotated, and
their amended parts, in, on or about the campuses of any school ground or at
any function being held under the supervision of the Board of Education or any
of its schools, shall be considered sufficient misconduct on the part of any
employee of the school district for the suspension of such employee from the
school in which he or she is employed.
In arriving at the decision of whether or not to
suspend said employee, the Board of Education may consider the prior record of
said employee, his or her general aptitude for his or her particular job, prior
problems and other factors which the Board may deem in its judgment, to bear
upon punishment or decisions to be reached in the particular case.
Teachers are expected to be well groomed and to
dress so as to reflect credit upon themselves and the teaching profession.
The effective staff member is concerned for the
welfare of students and takes measures to insure their welfare. Nevertheless, it is well to be aware of the
possible consequences of negligence.
The staff member is legally responsible to act in a
reasonable and prudent manner at all times.
Specifically, the teacher must:
1.
Never leave students
unsupervised.
2.
Require students to conduct
themselves in an orderly, safe manner and administer such disciplinary actions
as are reasonable and proper in any situation involving student misconduct.
Staff members are responsible for all school
property and equipment and shall use public property with care and
consideration. Any maintenance problem
or malfunction of equipment should be reported to the principal promptly.
Grade books, supplied for teachers at the beginning
of each school year, should be fully, accurately, and legibly maintained. Since grade book records are official, all
information called for should be completed in blue or black ink unless
otherwise indicated.
Accuracy in pupil accounting is of utmost importance
since all attendance records are subject to periodic inspection by auditors
from the State Department of Education.
A.
Students absent from class
for any reason other than representing the school officially should be marked
absent. Students out of class on
official school business should be noted.
B.
Withdrawals and drops should
be noted.
See Teacher Handbook.
1.
Be alert at all times to
behavior in your area.
2.
Never use sarcasm or make
statements that degrade students. If you
do, you may find that you are the problem.
3.
Learn the names of your
students quickly.
4.
Maintain a class roll and a
seating chart for each period so that a substitute teacher could take charge of
your room on short notice.
5.
Expect attention until you
have completed what you are saying when the bell rings.
6.
Do not place students in the
halls for disciplinary or other reasons.
7.
Stand at the door during the
passing period. If it is necessary for
you to leave to get to another assignment, see that your group has been
properly dispersed before leaving.
8.
Never punish the group
because you are unable to determine the guilty individual.
9.
Be professional at all
times. Do not criticize your fellow
teachers.
1.
Mail Boxes: These boxes
should be checked at least once each day, so that boxes will stay clear for
further mail and communications.
2.
Bulletins: All bulletins and
other written communications should be dated and carry the name of the person
responsible for their issuance.
3.
Faculty Bulletins: All
bulletins issued to the faculty will be duplicated and picked up in mailboxes
each day.
4.
Bulletins to be Added to
Handbook: Bulletins that are to become a part of the “Guidelines” will be
designated to be inserted into the teacher’s handbook.
5.
Professional Organization
and Opportunity Publications Placed on Faculty Bulletin Boards: Such
publications should be removed after all have had a chance to read them.
6.
Soliciting of funds, whether
by faculty groups or students, must be authorized by the principal. Sponsors of groups proposing collections for
any groups should obtain proper approval from the principal before plans for
such are developed.
7.