Division of Human Resources Employee Handbook

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File includes the following documents: Division of Human Resources Employee Handbook 2016 Human Resources Guide for Principals See Governing Body Policies and Procedures for Board Polices and References

Transcript of Division of Human Resources Employee Handbook

Page 1: Division of Human Resources Employee Handbook

File includes the following documents: 

Division of Human Resources 

Employee Handbook 2016 

Human Resources Guide for Principals 

See Governing Body Policies and Procedures for Board Polices and References

Page 2: Division of Human Resources Employee Handbook

Division of Human Resources

Employee Handbook

May 2016

The intention of this handbook is to simply provide information. It does not constitute any part of any employment contract, nor does it supersede any law, board policy, or procedure.

It should be used only as a guide.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 2 -

NON-DISCRIMINATION STATEMENT The Mobile County Public School System (MCPSS) does not discriminate on the basis of race, religion, color, national origin, sex, age, or disability in employment or educational services, activities, and programs. This district complies with all federal and state laws and regulations regarding discrimination. Employment related inquiries and/or grievances should be directed to the Assistant Superintendent or Executive Manager, Division of Human Resources or the Personnel Administrator for Employee Relations at P.O. Box 180069, Mobile, Alabama, 36618 or call (251) 221-4531. Student related inquiries and/or grievances should be directed to the Assistant Superintendent of Student Services, P.O. Box 180069, Mobile, Alabama, 36618 or call (251) 221-4245.

MISSION STATEMENT The mission of the Mobile County Public School System is to graduate prepared and productive citizens.

VISION STATEMENT Mobile County Public School System will become a premier educational system where students engage in multiple pathways leading to success in a global society.

PROCEDURAL GUIDE POLICY STATEMENT The provisions and information set forth in this handbook are intended to be informational and not contractual in nature. Thus, this handbook is not intended, and shall not be construed, to constitute a contract between the School System and any employee; prospective employee; agency of the local, state, or federal government; or any other person or legal entity of any and every nature whatsoever. The School System hereby reserves and retains the right to amend, alter, change, delete, or modify any of the provisions of this handbook at any time, and from time to time, without notice, in any manner that the Administration of the School System deems to be in the best interest of the School System. The contents of this handbook apply to all regular employees (certified and classified) and to all part time, temporary, and seasonal personnel in the School System and do not amend, abridge, or replace Board policies, administrative regulations, rules, procedures or employment contract conditions established by the School System.

MOBILE COUNTY PUBLIC SCHOOL SYSTEM P.O. Box 180069

Mobile, Alabama 36618 (251) 221-4000

http://www.mcpss.com/

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 3 -

BOARD OF SCHOOL COMMISSIONERS

L. Douglas Harwell, Jr., District 1 Don Stringfellow, Ph.D., District 2

Reginald A. Crenshaw, Ph.D., District 3 Robert A. Battles, Sr., District 4

William C. Foster, Ed.D., District 5

HUMAN RESOURCES

Bryan Hack Executive Manager

Division of Human Resources

Brandt Bosarge – Personnel Administrator Alan Dailey, Jr. – Personnel Administrator

Nina Hayes - Personnel Administrator Lisa Nell - Personnel Administrator

John Powell – Personnel Administrator

George Smith – Personnel Administrator, Employee Relations

Theda Rhodes – Automated HR Systems Manager

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 4 -

TABLE OF CONTENTS:

TABLE OF CONTENTS: ............................................................................................................ 4 INTRODUCTION ....................................................................................................................... 7

Rights and Responsibilities ................................................................................................ 7 BENEFITS FOR FULL-TIME EMPLOYEES ............................................................................... 7 EMPLOYEE RESPONSIBILITY ................................................................................................. 9

Requirements of each employee: ....................................................................................... 9 Abandonment of Job: ........................................................................................................11 Other Requirements: .........................................................................................................11 Ownership and Transfer of Donated Funds, Materials, Supplies and Equipment: (Revised: March 2016) ......................................................................................................................12 Staff System-Provided Cell Phone Use .............................................................................13

ALABAMA EDUCATOR CODE OF ETHICS .............................................................................13 Introduction .......................................................................................................................13 CODE OF ETHICS STANDARDS .....................................................................................13 Standard 1: Professional Conduct .....................................................................................14 Standard 2: Trustworthiness ..............................................................................................14 Standard 3: Unlawful Acts .................................................................................................14 Standard 4: Teacher/Student Relationship ........................................................................14 Standard 5: Alcohol, Drug and Tobacco Use or Possession ..............................................15 Standard 6: Public Funds and Property .............................................................................15 Standard 7: Remunerative Conduct ..................................................................................15 Standard 8: Maintenance of Confidentiality .......................................................................16 Standard 9: Abandonment of Contract ..............................................................................16 Reporting ..........................................................................................................................16 Alabama Administrative Code 290-3-2-.05 ........................................................................16 Disciplinary Action .............................................................................................................16 Alabama Administrative Code 290-3-2-.05 ........................................................................16

OFFICIAL PERSONNEL FILE ..................................................................................................17 DRESS CODE ..........................................................................................................................17 WAGE & HOUR ISSUES ..........................................................................................................18 KRONOS TIME AND ATTENDANCE .......................................................................................20

General Information: ..........................................................................................................20 Exempt employees: ...........................................................................................................21 Non-Exempt employees: ...................................................................................................21 Kronos And Payroll Operating Guidelines And Procedures: ..............................................21 All employees: ...................................................................................................................22

SPECIFIC GUIDELINES FOR EXEMPT AND NON-EXEMPT PERSONNEL .......................22 GUIDELINES FOR ATTENDANCE IF ABSENCE LESS THAN A HALF DAY .......................23 CORRECTING LEAVE CHANGES IN PAYROLL .................................................................23

PAYROLL .................................................................................................................................23 INSURANCE .............................................................................................................................24

Summary of Coverage is available on the web at http://www.rsa-al.gov/PEEHIP/peehip.html) ..............................................................................................25 Insurance Premiums and Enrollments ...............................................................................25 Non-tobacco User Discount ...............................................................................................25 Supplemental Coverage Plan ............................................................................................25 Federal Poverty Level Assistance Program (FPL) .............................................................25 Public Education Employees’ Flexible Benefits Program (Flex) .........................................25

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 5 -

Non-Duplication of Benefits ...............................................................................................25 New Employees ................................................................................................................26 Employees Hired After October 1 ......................................................................................26 Current Employees ............................................................................................................26 Transfers ...........................................................................................................................26 Loss of Coverage ..............................................................................................................26 Eligible dependents ...........................................................................................................26 Ineligible Dependents ........................................................................................................27 Marriage ............................................................................................................................27 Newborn ............................................................................................................................27 Other Dependent Children .................................................................................................27 Dependents with Different Last Names .............................................................................27 Allocations .........................................................................................................................27 COBRA .............................................................................................................................28

EMPLOYEE ASSISTANCE PROGRAM ....................................................................................29 SICK LEAVE BANK ..................................................................................................................30 PERSONAL LEAVE ..................................................................................................................31 ACCUMULATED SICK DAYS ...................................................................................................31 VACATION / ANNUAL LEAVE ..................................................................................................32 HOLIDAYS ................................................................................................................................33 LEAVES OF ABSENCE ............................................................................................................33

Family Medical Leave ........................................................................................................35 Extended Sick Leave .........................................................................................................35 Maternity/Paternity Leave ..................................................................................................36 All Medical Leaves ............................................................................................................36 Continuation of Health Benefits .........................................................................................36 Professional Leave for Professional Study ........................................................................36 Military Leave ....................................................................................................................37

SUBFINDER - EMPLOYEE ABSENCE REPORTING SYSTEM ...............................................37 Employee’s Responsibilities ..............................................................................................38 Substitute’s Responsibilities ..............................................................................................38

TRANSFERS ............................................................................................................................38 Job Postings ......................................................................................................................38 Involuntary.........................................................................................................................38 Certified .............................................................................................................................38 Classified ..........................................................................................................................39

RETIREMENT...........................................................................................................................39 Tier 1 Active Members ......................................................................................................40 Tier 2 Active Members ......................................................................................................41

RESIGNATIONS .......................................................................................................................42 Process to Follow For Resignation or Retirement ..............................................................42

ON-THE-JOB INJURY ..............................................................................................................42 Reimbursement Program ..................................................................................................42 Alabama State Board of Adjustment ..................................................................................43 Critical Points to Remember: .............................................................................................43

PERFORMANCE EVALUATIONS ............................................................................................43 Employee’s Responsibility in Performance Evaluations .....................................................44

DISCRIMINATION ....................................................................................................................45 Employee's Role: Discrimination .......................................................................................45 Sexual Harassment ...........................................................................................................45 Critical Points to Remember: .............................................................................................46

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 6 -

SYSTEM RULES: .....................................................................................................................46 Smoking / Tobacco Products .............................................................................................47 Substance Abuse / Alcohol Use ........................................................................................47 Theft ..................................................................................................................................48 Falsified Documents ..........................................................................................................48 Insubordination ..................................................................................................................48 Fighting / Assault ...............................................................................................................48 Sub-standard Performance ...............................................................................................48 Excessive Absences .........................................................................................................49 Tardiness ..........................................................................................................................49

GRIEVANCES ..........................................................................................................................49 TITLE IX GRIEVANCE PROCEDURE ......................................................................................50 DISCIPLINARY ISSUES ...........................................................................................................50

Progressive Discipline .......................................................................................................50 Documentation ..................................................................................................................51 Consistency of Disciplinary Actions ...................................................................................51 Initial Warning / Counseling ...............................................................................................51 Written Warning ................................................................................................................51 Plan for Improvement ........................................................................................................52 Final Warning ....................................................................................................................52 Suspension .......................................................................................................................52 Termination .......................................................................................................................52 PROGRESSIVE DISCIPLINE PROCESS .........................................................................52 DEFINITIONS ...................................................................................................................53

STUDENTS FIRST ACT ...........................................................................................................54 Certified Employees ..........................................................................................................55 Classified Employees ........................................................................................................55

GOOD AND JUST CAUSE REASONS FOR TERMINATION ...................................................55

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 7 -

INTRODUCTION This handbook is prepared by the Division of Human Resources solely as a guide to inform employees of some of the policies, procedures, and benefits of the Mobile County Public School System (MCPSS). It outlines various employment policies, procedures and practices that affect employees. It is intended only as a quick reference. Employees may access the Mobile County Public School System web site for more information on both the system and Human Resources. Visit http://www.mcpss.com/.

THIS HANDBOOK DOES NOT CONSTITUTE ANY PART OF ANY EMPLOYMENT CONTRACT, POLICY OR PROCEDURE OF MOBILE COUNTY PUBLIC SCHOOL SYSTEM

MCPSS policies and procedures conform to local, state, and federal requirements in addition to recognized principles of human resource management. Employees should contact the Office of Human Resources for assistance in obtaining up-to-date information on policies and procedures. It is our desire that all employees of MCPSS find their employment to be personally and professionally rewarding. As such, our objective is to create a work environment that is conducive to these goals. This in turn will create an atmosphere of excellence in supporting our educational mission. We ask that all employees be dedicated to providing the very best educational experience for the students of Mobile County. Through its personnel policies, the MCPSS endeavors to establish conditions that attract and hold the highest quality employees who are willing to devote themselves to the education and welfare of the students. The Board is committed to hiring and retaining employees who are capable, interested, and motivated to accomplish the desired goals of the school system. The Board does not believe that it should employ or retain employees who are either incapable of satisfactory job performance or those who are capable of satisfactory work but continually perform at an unacceptable level. Rights and Responsibilities As an employee of the Mobile County Public School System, you are due certain treatment:

• You deserve fair, equitable, professional, and courteous treatment from your supervisors and co-workers.

• You deserve to be free from discrimination, prejudice and ill will. • You deserve to not be singled out of a group and treated differently because of personality conflicts. • You deserve to have your performance evaluated honestly. • You may have the right, as a tenured or non-probationary employee, to due process in regard to

certain instances of a transfer or termination from your position. As an employee of the Mobile County Public School System, you have certain responsibilities:

• You have the responsibility to treat your supervisors and co-workers in a fair, equitable, professional, and courteous manner.

• You have the responsibility to refrain from any discriminatory actions, prejudice, or ill will toward any other employee.

• You have the responsibility to satisfactorily perform the duties that are assigned to you in exchange for your wages.

• You have the responsibility to obey the lawful directives of your supervisors. • You have the responsibility not to engage in or encourage others to engage in rude, disruptive or

insubordinate behavior. BENEFITS FOR FULL-TIME EMPLOYEES All full-time employees of the Mobile County Public School System will receive the following annual benefits.

Health Insurance: Employees may choose between the following health insurance plans: - PEEHIP

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 8 -

1. Blue Cross/Blue Shield - HMO

1. Viva Health Plan HMO

- Supplemental plans are available through Southland National Insurance Company 1. Dental 2. Hospital Indemnity 3. Cancer 4. Vision

- Prescription plans are available through MedImpact with BC/BS Hospital/Medical.

Life Insurance: $ 8,000 Free Life Insurance from MCPSS $15,000 Free Life Insurance from the Teacher’s Retirement Systems of Alabama

Retirement: All employees of the MCPSS will have a percentage of their wages deducted each month and deposited into the Teachers’ Retirement System:

Benefits: Member is vested after 10 years of service

Tier 1 Member (Member before January 1, 2013) Retirement at age 60 with 10-24 years of service

Retirement at any age after 25 years of service Additional retirement service credit will be given by the Teachers Retirement System (TRS) based on the number of Accumulated Sick Days the employee has at the time of retirement or at the time of termination from the system.

Tier 2 Member (Member on or after January 1, 2013) Retirement at age 62 with 10 years of service

Credit for Military Service: An employee has one year from the date he/she enrolled in the TRS to make a lump sum payment in order to gain credit for up to four years of eligible military service. Weekend service and summer camp service with the National Guard and the Reserves are not eligible for creditable service. Employee Assistance Program: Confidential assistance and referral for treatment are available to employees and their family members through the Division of Human Resources. Payroll Deductions: (Voluntary) Partial listing: Direct Deposit Required

Mobile Educators Credit Union Cafeteria Plan Tax Sheltered Annuities 457’s Life Insurance US Savings Bonds Long Term Care Insurance AD & D Insurance Disability Insurance Cancer Insurance United Fund Contributions Critical Care Insurance

Personal Leave: Full-time employees will receive two personal leave days per year. New employees starting work after December 31st will receive only one personal leave day for that year. Employees starting work after March 31st will receive no personal leave days for that year. Accumulated Sick Days: Full-time employees receive one Sick Day for each month worked. Sick Leave Bank: Employees are eligible to join the Sick Leave Bank, which enables them to borrow up to fifteen sick days for illnesses. These borrowed days are repaid from future accumulated days earned each month. Employees may also receive or donate Accumulated Sick Days from or to other employees who are members of a SLB in Alabama. These days are not repaid.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 9 -

Vacation: All full-time twelve month employees will receive vacation days based on the number of months consecutively worked in a twelve month position. These days are accrued monthly on a prorated basis as listed below.

• Hired in or transferred to a twelve month position prior to July 1, 1999: a. 10 days vacation – working in a twelve month position less than 120 months. b. 15 days vacation – working in a twelve month position at least 120 months.

• Hired in or transferred to a twelve month position on or after July 1, 1999. a. 5 days vacation – working in a twelve month position for first 12 months. b. 10 days vacation – working in a twelve month position from 13 to 120 months. c. 15 days vacation – working in a twelve month position from 121 to 240 months. d. 20 days vacation – working in a twelve month position for 241 or more months.

EMPLOYEE RESPONSIBILITY Certified employees shall meet minimum requirements such as a degree and professional certification, and demonstrate efficient performance skills in the area of assignment along with satisfactory accomplishment of their job requirements. Classified employees (support employees) shall meet the minimum qualifications of their job description and demonstrate satisfactory performance of their job duties. All employees are hired to perform certain tasks in exchange for their salary. These duties are determined by the job description and as directed by their supervisor. If you are unable or unwilling to satisfactorily perform the assigned tasks in the allotted time, then the system feels no obligation to retain you as an employee. Requirements of each employee:

1. Perform satisfactory work. a. Carry out and complete your job duties in an acceptable manner and in a timely fashion.

2. Behavior - Act in a professional manner and be courteous to children, parents, supervisors and all

other employees. a. Behavior which is rude, obnoxious or showing an attitude is unacceptable. b. You are not expected to like your supervisors or co-workers and they are not expected to like

you, but both are expected to be professional and courteous. c. You are expected to treat everyone in a professional manner and with courtesy, regardless of

your personal feelings towards that individual. d. Do not show unwelcome familiarity with co-workers. The best advice to follow is to keep your

hands to yourself and do not hug, kiss or touch co-workers. e. Open disrespect or unprofessional conduct may lead to termination.

3. Drug and Alcohol - Report to work both drug and alcohol free.

a. All employees who drive school system vehicles are subject to random drug tests. Results that are positive will lead to disciplinary action up to and including termination.

b. All employees are subject to drug and alcohol testing for reasonable suspicion of impairment. Results that are positive for either drugs or alcohol will lead to disciplinary action up to and including termination.

4. Attendance and Absences - Work the days that you are scheduled to work.

a. Continual unpaid absences are unacceptable and may lead to disciplinary action up to and including termination.

b. Constant absences on Monday/Fridays or before/after holidays are suspect for abuse and may be subject to disciplinary actions.

c. You must also notify the Employee Absence Reporting System (SubFinder) of absences.

5. Tardiness - Be at work when scheduled and on time, without tardiness. a. Excessive late arrivals will result in progressive discipline and may lead to termination. b. Notify your supervisor of any absences or of any extreme tardiness.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 10 -

6. Schedule - Work the hours of your schedule.

a. Report to work on time. b. Do not leave work early unless authorized by your supervisor. c. Do not clock-in early or clock-out late unless authorized by your supervisor.

7. Time Reporting - Missed punches and time worked. Fill out all forms relating to time worked accurately

and honestly. a. If you do not work a full day, do not state or indicate that you did.

8. Computer and Internet access is provided for MCPSS operations only. However, should there be an

urgent need; minimal (no more than ten minutes a day) personal use is allowed. a. Surfing the internet is strictly prohibited for non-educational purposes. b. Audio/Video streaming is strictly prohibited for non-educational purposes. c. Posting to personal web pages, bulletin boards, blogs or other similar personal message sites

is strictly prohibited. d. Accessing a racist, sexist, pornographic or other questionable site is strictly prohibited. e. Employees will be provided a copy of the MCPSS acceptable use guidelines and sign a

statement that they agree to the terms. f. Internet usage will be monitored and violators will be subject to disciplinary action up to and

including termination.

9. Social Media - Although social media sites such as Facebook are personal in nature, they (along with personal texts and emails brought to the administrations attention) can be considered public discourse or public comments.

a. The posting or texting or emailing of comments or images about students, parents, employees, supervisors, departments, schools, the system or your job that are of extremely poor taste, unprofessional, demeaning, derogatory, racist, offensive, insulting, inflammatory, hateful, insubordinate or celebrating immoral, improper or illegal actions is unacceptable and may lead to disciplinary action up to and including termination as those postings may cause a disruption in the workplace.

10. Personal calls - Keep personal calls to an absolute minimum during work time.

a. At some point in time, most everyone needs to make a personal call from work. However, these calls need to be kept to a minimum, as they not only adversely affect your work, they can also adversely affect the work of the other employees around you.

11. Cell Phone use - The use of personal cell phones is prohibited unless it is a true emergency.

a. Leave your cell phones in your car or turn them off during work hours. b. Advise your family and friends that you cannot receive personal calls on your cell phone

during the work day unless a true emergency has occurred.

12. Personal conversations - Keep personal conversations during work hours to a minimum. a. Even if your work is caught up enough to allow you some time to talk, the person you are

talking to is probably neglecting his/her work by talking to you. b. If you travel between sites, being friendly is expected, but to keep other employees from

his/her work by engaging them in personal conversations is not acceptable. c. We encourage camaraderie, but not at the expense of either your work or the work of other

employees.

13. Compliance with directives - Obey the orders of your supervisor, except as stated in 13(a) below. a. If you disagree, do not argue with the supervisor, simply state your objections in a concise

and professional way and then carry out your supervisor’s directions.

14. Insubordination to your supervisor or any other administrator is prohibited. a. Insubordination may include:

i. Refusal or failure to obey orders or perform a job assignment given by a supervisor or any authorized employee or system representative;

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 11 -

ii. Disrespect, publicly displayed on system premises, toward a supervisor or the system;

iii. Threatening, intimidating, coercing, or interfering with a supervisor; iv. Abusive language to any supervisor; v. Openly making or publishing false, vicious, or malicious statements concerning

supervisors; and vi. Countermanding the order of a supervisor.

b. Insubordination does not include a refusal to comply with: i. Orders that endanger the health, welfare, or safety of the employee, other

employees, students, or anyone else; ii. Orders requiring the performance of an illegal, improper, or immoral act; iii. Orders that require action that is beyond the employee's capability; and iv. Orders having a nature of unlawful harassment; for example, orders accompanied by

a racial, religious or sexist slur.

15. Firearms and weapons prohibition. a. The possession of a firearm by an individual, employee, visitor, or student inside or on any

property owned, leased, or operated by the Mobile County Public School System is strictly prohibited except for those individuals who lease undeveloped system property for hunting or sporting activities. Otherwise, possession of a firearm is strictly prohibited whether or not those individuals, employees, visitors, or students possess a legal permit to carry said firearm or if the individual possessing the firearm is licensed to do so by the state of Alabama or any other state. Duly sworn and trained peace officers in the performance of their duties are excluded from this prohibition.

b. Possession and/or use of weapons shall be prohibited on school property, including buses and at school sponsored activities. Possession and/or use of weapons shall also be prohibited in any vehicle brought onto school property or to a school sponsored activity. Violation of this prohibition shall be considered a serious act of misconduct and subject to disciplinary action up to and including termination.

If you are unable to comply with these general expectations, then the system will be compelled to terminate your employment. Abandonment of Job: Any employee will be considered to have abandoned his/her job and will be terminated as a voluntary resignation, who:

• leaves work and does not report back to work; • who says he/she quits; • who says he/she will not return to work or; • for whatever reason fails to return to work without notification;

Any employee who has been absent from work for more than ten (10) consecutive work days and who has not obtained an approved leave of absence or otherwise accounted for the absences will be considered to have abandoned his/her job. The employee may be recommended for termination. Any employee who has been absent from work for more than twenty (20) consecutive work days without contacting his/her supervisor, without good cause and without an approved leave of absence will be considered to have voluntarily resigned from his/her position and will be processed as having resigned from the position. Other Requirements: In-service education participation is encouraged for all employees, which will promote personal and professional growth. Employees, upon identification and recommendation by the immediate supervisor, shall be given the opportunity to participate in an improvement program coordinated through the Division of Staff Development and designed for improvement in specific areas. Additionally, employees are expected to develop and grow in job performance beyond minimum requirements. Schedules for professional and support employees are formulated and disseminated by principals and supervisors. All employees shall observe and conform to time schedules furnished by his/her principal or supervisor.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 12 -

For professional employees, the school day shall be defined as the time when classes are in session, when faculty and in-service meetings are being held and when student activities are being conducted. Teachers are required to attend faculty meetings and parent-teacher conferences when deemed necessary by the principal. Also, teachers shall be provided a thirty minute unencumbered time period during the day. All schools shall have the school doors open for a minimum of eight (8) consecutive hours each workday. The day for professional education employees will include:

• Time assigned for instructional situations • Time assigned for planning and conference • Time assigned for student activities • Time assigned for supervisory activities other than classroom instruction, faculty meetings or in-service

meetings after the time students are dismissed and beyond the normal school closing time. All professional faculty employees are required to be at his/her station of duty no later than fifteen (15) minutes before school begins and to leave no earlier than fifteen (15) minutes after the school day ends. All teachers are to hold parent-student conferences as needed during planning and conference periods and/or after school as determined necessary by the principal. These conferences are to be scheduled with the time necessary for keeping parents apprised of the academic performance of students prior to the time a student’s achievement has reached the point of failure in a given grading period. The primary responsibility and workload of teachers shall be planning and implementing of the instructional program. Teachers shall share in non-teaching responsibilities, which are considered either necessary or desirable to the proper functioning of the total school program. Teachers are expected to share in the responsibility for supervising co-curricular activities. The assigning of extra duty shall be done in an equitable manner. Teacher workdays are designed to provide days for teachers to prepare grades, complete reports, and perform other tasks essential to teaching. No faculty meeting should be held on a teacher workday unless appropriate and timely. Should it be necessary to call a faculty meeting on a teacher workday, the meeting should not last more than 45 minutes, and no more than one meeting should be held. No in-service should be scheduled on teacher workdays. Family members and children of an employee do not have a right to visit the employee at work during work hours. Visiting by family members or bringing children to work can be a severe distraction to both the employee being visited and other employees at the same location. This is similar to an employee having excessive personal telephone conversations or personal conversations at work. Before any employee asks a family member to come to his/her work location, he/she needs to clear the visit with the principal or supervisor. If the visits become excessive and are a distraction, then the family members may be banned from system properties. Ownership and Transfer of Donated Funds, Materials, Supplies and Equipment: (Revised: March 2016) Ownership of Donations Donations are considered to be the property of the Board of School Commissioners of Mobile County, the Local School, the Classroom, or the Program/Project. Donations are never considered to be the personal property of a Teacher or other individual. In the case of a Teacher or other individual receiving a donation, the donation is considered to be the property of the Classroom or Program/Project where the Teacher or other individual was assigned when the donation was requested/awarded. Transfer of Donations Any donations received by a School, a Classroom of that School, a Program/Project of that School, or a Teacher or other individual of that School shall remain with that School. Ownership of donations will never transfer to a Teacher or other individual. However, a transferring Teacher or other individual will be allowed to transfer with him or her any donations received by them to another School, Classroom, or Program/Project if all of the following criteria are met:

1. The Teacher or other individual will continue to teach in the Mobile County Public School System. 2. The Teacher or other individual will continue to use the donation in a manner consistent with the

original eligibility requirements of the original donor.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 13 -

Staff System-Provided Cell Phone Use The Mobile County School Board recognizes that the use of system-provided cellular telephones may be an appropriate communication device to provide for efficient and effective operation of the Board and to help ensure safety and security. The Board authorizes the purchase of cellular telephones for employee business use, as deemed appropriate. Use of system-provided cellular phones in violation of School Board policies, administrative regulations, and/or state and federal laws will result in loss of system-provided cell phone privileges with possible disciplinary action up to and including termination. Authorization System-provided cellular telephones and plans will be assigned based on the job requirements as determined by the Division or Department Supervisor. System-provided cell phone usage of less than an average of 10 minutes in a 6 month’s period due to non-usage may result in the loss of cell phone privileges. Usage

• System-provided cellular telephones are provided to carry out Board business and should not be used when other means of communication are readily available, unless it is necessary for safety, an emergency or in an urgent situation or circumstances.

• Personal use of system-provided cellular telephones should be limited, and such calls should be made or received by alternative means.

• System-provided cellular telephones are not to be given or loaned to others. • Employees issued system-provided cellular telephones are responsible for their safekeeping at all

times. Defective, lost, damaged or stolen cellular telephones are to be reported immediately to the Telecommunications Department.

• Employees, Divisions and/or Departments are responsible for any cell phone accessories. • All cellular telephones issued to employees are to be reset and returned to the

Telecommunications Department at the conclusion of employment.

Cellular telephones are not to be used while driving either a Board owned vehicle or a personal vehicle. Monitoring The Telecommunications Department will review the plan’s usage each month for any unusual charges. Any indications of unusual usage or abuse can result in the loss of the use of the phone by the employee with possible disciplinary action up to and including termination. For the purposes of determining reimbursement and/or abuse the following are just some of the guidelines that may be used:

1. Any charges incurred for excessive personal use shall be the financial responsibility of the employee.

2. Any charges incurred for international roaming without prior approval shall be the financial responsibility of the employee.

3. Damage incurred by misuse to the phone shall be the financial responsibility of the employee. ALABAMA EDUCATOR CODE OF ETHICS Introduction The primary goal of every educator in the state of Alabama must, at all times, be to provide an environment in which all students can learn. In order to accomplish that goal, educators must value the worth and dignity of every person, must have a devotion to excellence in all matters, must actively support the pursuit of knowledge, and must fully participate in the nurturance of a democratic citizenry. To do so requires an adherence to a high ethical standard. The Alabama Educator Code of Ethics defines the professional behavior of educators in Alabama and serves as a guide to ethical conduct. The code protects the health, safety and general welfare of students and educators; outlines objective standards of conduct for professional educators; and clearly defines actions of an unethical nature for which disciplinary sanctions are justified. CODE OF ETHICS STANDARDS

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Standard 1: Professional Conduct An educator should demonstrate conduct that follows generally recognized professional standards. Ethical conduct includes, but is not limited to, the following:

• Encouraging and supporting colleagues in the development and maintenance of high standards. • Respecting fellow educators and participating in the development of a professional and supportive teaching environment. • Engaging in a variety of individual and collaborative learning experiences essential to developing professionally in order to promote student learning.

Unethical conduct is any conduct that impairs the certificate holder’s ability to function in his or her employment position or a pattern of behavior that is detrimental to the health, welfare, discipline, or morals of students. Unethical conduct includes, but is not limited to, the following:

• Harassment of colleagues. • Misuse or mismanagement of tests or test materials. • Inappropriate language on school grounds. • Physical altercations. • Failure to provide appropriate supervision of students.

Standard 2: Trustworthiness An educator should exemplify honesty and integrity in the course of professional practice. Ethical conduct includes, but is not limited to, the following:

• Properly representing facts concerning an educational matter in direct or indirect public expression. • Advocating for fair and equitable opportunities for all children. • Embodying for students the characteristics of intellectual honesty, diplomacy, tact, and fairness.

Unethical conduct includes, but is not limited to, the following:

• Falsifying, misrepresenting, omitting, or erroneously reporting professional qualifications, criminal record, or employment history when applying for employment or certification. • Falsifying, misrepresenting, omitting, or erroneously reporting information submitted to federal, state, and/or other governmental agencies. • Falsifying, misrepresenting, omitting, or erroneously reporting information regarding the evaluation of students and/or personnel. • Falsifying, misrepresenting, omitting, or erroneously reporting reasons for absences or leaves. • Falsifying, misrepresenting, omitting, or erroneously reporting information submitted in the course of an official inquiry or investigation.

Standard 3: Unlawful Acts An educator should abide by federal, state, and local laws and statutes. Unethical conduct includes, but is not limited to, the commission or conviction of a felony or of any crime involving moral turpitude. As used herein, conviction includes a finding or verdict of guilty, or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought or a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted. Standard 4: Teacher/Student Relationship An educator should always maintain a professional relationship with all students, both in and outside the classroom. Ethical conduct includes, but is not limited to, the following:

• Fulfilling the roles of trusted confidante, mentor, and advocate for students’ growth. • Nurturing the intellectual, physical, emotional, social, and civic potential of all students. • Providing an environment that does not needlessly expose students to unnecessary embarrassment or disparagement. • Creating, supporting, and maintaining a challenging learning environment for all students.

Unethical conduct includes, but is not limited to, the following:

• Committing any act of child abuse, including physical or verbal abuse.

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• Committing any act of cruelty to children or any act of child endangerment. • Committing or soliciting any unlawful sexual act. • Engaging in harassing behavior on the basis of race, gender, national origin, religion, or disability. • Soliciting, encouraging, or consummating an inappropriate written, verbal, or physical relationship with a student. • Furnishing tobacco, alcohol, or illegal/unauthorized drugs to any student or allowing a student to consume alcohol or illegal/unauthorized drugs.

Standard 5: Alcohol, Drug and Tobacco Use or Possession An educator should refrain from the use of alcohol and/or tobacco during the course of professional practice and should never use illegal or unauthorized drugs. Ethical conduct includes, but is not limited to, the following:

• Factually representing the dangers of alcohol, tobacco and illegal drug use and abuse to students during the course of professional practice.

Unethical conduct includes, but is not limited to, the following:

• Being under the influence of, possessing, using, or consuming illegal or unauthorized drugs. • Being on school premises or at a school-related activity involving students while documented as being under the influence of, possessing, or consuming alcoholic beverages or using tobacco. A school-related activity includes, but is not limited to, any activity that is sponsored by a school or a school system or any activity designed to enhance the school curriculum such as club trips, etc., where students are involved.

Standard 6: Public Funds and Property An educator entrusted with public funds and property should honor that trust with a high level of honesty, accuracy, and responsibility. Ethical conduct includes, but is not limited to, the following:

• Maximizing the positive effect of school funds through judicious use of said funds. • Modeling for students and colleagues the responsible use of public property.

Unethical conduct includes, but is not limited to, the following:

• Misusing public or school-related funds. • Failing to account for funds collected from students or parents. • Submitting fraudulent requests for reimbursement of expenses or for pay. • Co-mingling public or school-related funds with personal funds or checking accounts. • Using school property without the approval of the local board of education/governing body.

Standard 7: Remunerative Conduct An educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. Ethical conduct includes, but is not limited to, the following:

• Insuring that institutional privileges are not used for personal gain. • Insuring that school policies or procedures are not impacted by gifts or gratuities from any person or organization.

Unethical conduct includes, but is not limited to, the following:

• Soliciting students or parents of students to purchase equipment, supplies, or services from the educator or to participate in activities that financially benefit the educator unless approved by the local governing body. • Accepting gifts from vendors or potential vendors for personal use or gain where there appears to be a conflict of interest. • Tutoring students assigned to the educator for remuneration unless approved by the local board of education.

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Standard 8: Maintenance of Confidentiality An educator should comply with state and federal laws and local school board policies relating to confidentiality of student and personnel records, standardized test material, and other information covered by confidentiality agreements. Ethical conduct includes, but is not limited to, the following:

• Keeping in confidence information about students that has been obtained in the course of professional service unless disclosure serves professional purposes or is required by law. • Maintaining diligently the security of standardized test supplies and resources.

Unethical conduct includes, but is not limited to, the following:

• Sharing confidential information concerning student academic and disciplinary records, health and medical information, family status/income, and assessment/testing results unless disclosure is required or permitted by law. • Violating confidentiality agreements related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers, discussing test items, and violating local school system or state directions for the use of tests or test items. • Violating other confidentiality agreements required by state or local policy.

Standard 9: Abandonment of Contract An educator should fulfill all of the terms and obligations detailed in the contract with the local board of education or educational agency for the duration of the contract. Unethical conduct includes, but is not limited to, the following:

• Abandoning the contract for professional services without prior release from the contract by the employer; • Refusing to perform services required by the contract.

Reporting Educators are required to report a breach of one or more of the Standards in the Alabama Educator Code of Ethics as soon as possible, but no later than sixty (60) days from the date the educator became aware of the alleged breach, unless the law or local procedures require reporting sooner. Educators should be aware of their local school board policies and procedures and/or chain of command for reporting unethical conduct. Complaints filed with the local or state school boards, or with the State Department of Education Teacher Certification Section, must be filed in writing and must include the original signature of the complainant. Alabama Administrative Code 290-3-2-.05 (1)-5-c Each Superintendent shall submit to the State Superintendent of Education within ten calendar days of the decision, the name and social security number of each employee holding an Alabama certificate or license who is terminated, or non-renewed, resigns, or is placed on administrative leave for cause, and shall indicate the reason for such action. Disciplinary Action Disciplinary action shall be defined as the issuance of a reprimand or warning, or the suspension, revocation, or denial of certificates. “Certificate” refers to any teaching, service, or leadership certificate issued by the authority of the Alabama State Department of Education. Alabama Administrative Code 290-3-2-.05 (1) Authority of the State Superintendent of Education

(a) The Superintendent shall have the authority under existing legal standards to: 1. Revoke any certificate held by a person who has been proven guilty of immoral conduct or unbecoming or indecent behavior in Alabama or any other state or nation in accordance with Ala. Code §16−23−5 (1975). 2. Refuse to issue a certificate to an applicant whose certificate has been subject to adverse action by another state until after the adverse action has been resolved by that state. 3. Suspend or revoke an individual’s certificate issued by the Superintendent when a certificate or license issued by another state is subject to adverse action. 4. Refuse to issue, suspend, or recall a certificate for just cause.

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Any of the following grounds shall also be considered cause for disciplinary action: • Unethical conduct as outlined in the Alabama Educator Code of Ethics, Standards 1-9. • Order from a court of competent jurisdiction. • Violation of any other laws or rules applicable to the profession. • Any other good and sufficient cause.

An individual whose certificate has been revoked, denied, or suspended may not be employed as an educator, paraprofessional, aide, or substitute teacher during the period of his or her revocation, suspension, or denial. OFFICIAL PERSONNEL FILE Each employee’s official personnel file is maintained in the Division of Human Resources. In general, this file will contain a record of the employee’s history with the system, such as documents concerning the employee’s hiring, status, work history, and performance. All information or material placed in the employee’s personnel file in Human Resources shall be available to the employee for inspection upon request with a twenty-four (24) hour notice. This does not include former employees. If former employees wish to view their file, they must make a request in writing to the Assistant Superintendent or Executive Manager of Human Resources. Handling of personnel files shall follow the guidelines set forth below in addition to normal processing and maintenance:

1. Any information or materials which are derogatory shall not be placed in the personnel file unless the employee is aware of the information and is given the opportunity to examine the information.

a. The employee has the right to respond in writing to anything placed in the system’s personnel file and have the response placed with the material to which it relates.

2. No anonymous, unsigned, or hearsay information may be placed in the employee’s official personnel files.

3. All confidential references and information shall be privileged and are not part of employee’s official personnel files.

DRESS CODE The school system has a dress code that must be followed by all employees. In general, all employees (professional, administrative and support personnel) should be professionally and appropriately attired when conducting school system business. In departments where uniforms or uniformity in dress is prescribed by the Board, all affected employees are required to abide by direction and procedure. However, schools or departments may adopt a voluntary dress code for uniforms. Also, reasonable accommodations will be made for religious beliefs if such accommodation would not unduly interfere with the effective functioning of the schools or departments. This policy covering employee dress code and appearance is established in order to uplift, enhance and promote the professional image of the school system. These guidelines should be reviewed by supervisors with the staff members each year before the opening of school. In departments where uniforms or uniformity in dress is prescribed by the Board of School Commissioners, all effected personnel are required to abide by direction and procedure. All employees (professional, administrative and support personnel) should be professionally and appropriately attired when representing the school system or conducting school system business. Schools or departments may adopt a voluntary dress code for uniforms. Immediate or site supervisors may approve exceptions on this code for special or occasional activities.

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Reasonable accommodation should be made for religious beliefs if such accommodation would not unduly interfere with the effective functioning of the schoolroom. Restrictions:

• An employee’s dress may not be so unusual, inappropriate or lacking in cleanliness that it clearly disrupts classroom or learning activities. Examples of attire considered inappropriate for school employees include but are not limited to:

• Jeans (except for custodian and bus drivers and as allowed for special occasions or special work as approved by the immediate or site supervisor)

• Overalls • Shorts (except for P.E. teachers and bus drivers) • Athletic type shoes (except as allowed for special occasions or special work as approved by the

immediate or site supervisor) • Spandex or bicycling type attire as outer wear • Visible piercing except to ears • Clothing that is provocative, revealing, indecent, vulgar or obscene • Blouses or shirts with low necklines, bare midriffs and excessively tight clothing • Visibly torn or ragged attire • Sweat suit-type attire (except for P.E. teachers, bus drivers, and custodians) • Footwear that is considered beachwear (flip flops), soft plastic (Crocs), bedroom shoes or slippers

(Any footwear that may cause injury to the wearer or others must not be worn) • Clothing which promotes alcoholic beverages, tobacco, or the use of controlled substances by words

or symbols • Clothing that contains profanity or nudity, depicts violence, or is sexual in nature by words or symbols • Undergarments worn as an outer garment or any see-through clothing • Any item of clothing or jewelry that creates a disruption of the school environment/learning activities or

that poses a threat to the safety and well-being of students or staff. • Tattoos that are indecent, vulgar, obscene (Such tattoos must be covered by clothing) • Clothing that promotes or includes logos of K-12 schools outside of the Mobile County Public School

System. Each department/school will evaluate this policy at the end of the school year. The superintendent or his/her designee will review the results of these evaluations and present proposed changes to the board as appropriate. WAGE & HOUR ISSUES All employees will be compensated for work performed according to either their contract or their terms of employment. The Fair Labor Standards Act (FLSA) requires overtime pay at time and a half for all eligible employees who work over forty hours (40) in any one workweek. The workweek begins on Sunday and ends on Saturday. Only actual hours worked applies when determining if 40 hours for the workweek have been exceeded before overtime pay is due. If there is a holiday, sick, or vacation day during the week, then that period of time does not apply to the 40 hour requirement. Employees cannot make up missed time from one workweek to another workweek. This means that if the employee works 36 hours during one week and 44 hours during the second week, it does not average out to 40 hours a week and therefore no overtime is due. Each workweek stands as a separate period of time and the employee is due 4 hours overtime for the second week. An employee is determined to be either Exempt from the overtime provisions of the FLSA or they are Non-Exempt from those same provisions. If an employee is Exempt, this simply means that he/she is not eligible for overtime pay or compensatory time. If an employee is Non-Exempt, this simply means that he/she is due overtime pay or compensatory time off for hours worked over 40 in any one workweek. Also, any full-time employee, Exempt or Non-Exempt, who makes less than $23,660 a year, is due overtime compensation at time and a half for any hours worked over forty (40)

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during any one workweek. If you have a question about whether you are an Exempt or Non-Exempt employee, contact the Employee Relations department. Non-Exempt employees are eligible for compensatory time in lieu of overtime pay. If agreeable with both the employee and the supervisor, compensatory time may be taken in lieu of overtime compensation in accordance with Board policy. Compensatory time will be at the same rate as overtime earned, time and a half. Compensatory time cannot accrue longer than thirty days. You must be given the time off, by Board policy, within thirty days or else you will be paid the equivalent overtime. Exempt employees are not eligible for compensatory time. This includes administrators and most supervisory employees. Their workweek does not necessarily end with just the forty hours worked per week. If required, Exempt employees may work beyond the forty (40) hours for no extra compensation or time off. If you are a Non-Exempt employee and your supervisor asks you to work past your scheduled time to leave work, then you are due to be paid for that extra time worked or given compensatory time off. You will be compensated at either straight time or time and a half, depending on whether forty work hours were exceeded during the workweek. This holds true whether you work only thirty minutes or two hours. As an example, if you work forty hours and thirty minutes during the week, then you will be paid for forty hours at straight time and thirty minutes at time and a half. Your work day does not necessarily start the moment you walk on campus, work site, or in your department. If you arrive early to eat breakfast or talk to other employees, then that time is not work time and does not start your work day. Your work day starts, and is recorded on Kronos or your time card, when you begin your work routine or are available for work and waiting on orders from your supervisor. Also, your work day does not necessarily end when you leave the work site; it may end before you leave the premises. Your work day ends when you stop your work process for the day. Any time spent talking to other employees about non-work related issues or taking care of personal business is not counted as work time and is not to be included on Kronos or your time card. You are required to accurately enter on your time card both the starting time and ending time of your work day. If the supervisor asks you to work over but not to enter the extra time on your time card, then you must contact Human Resources so that we may correct the situation. If you are finishing something for the day and it runs over ten minutes, then that ten minutes will be added to your time card. You will either be given time off during that week or you will be paid for the overtime or given compensatory time off within the next thirty days. You are required to accurately account for any lunch time (unpaid) taken in Kronos or on your time card during the work day. If the supervisor asks you to work through lunch but not to enter the extra time on your time card, then you must contact Human Resources so that we may correct the situation. Lunch breaks that are not duty free must be accounted for as compensatory time or paid to the employee. Work as a volunteer after hours is generally not compensated, unless it is performing the same duties for which you are paid. This normally occurs when the employee volunteers to work at the school as a parent. The volunteer work generally should be in a capacity other then what the employee is paid to do. If the employee volunteers to work doing essentially the same duties that they are paid to do during the day, then that work time will be compensated. An exception may be volunteer work that is for an organization separate from the school system and paid for out of that organization’s funds and not paid through the employee’s payroll account. If there are any questions, please call Human Resources to clarify what volunteer activity will and will not be compensated. Lunch and break periods are not required for any group of employees, either certified or support personnel. If the job responsibilities allow either a lunch and/or a break time, the following guides will be followed. Lunch period:

Non-Exempt employees

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• Lunch periods are 30 minutes • Lunch periods are duty free • Lunch periods are not compensated

However, if the job responsibilities of Non-Exempt employees require them to work through their lunch period, then they will be compensated for that 30 minute period

Break Period:

Non-Exempt employees • Break periods are 15 minutes • Break periods are compensated • Maximum of 2 per day

Mileage for business use of your personal vehicle will be reimbursed at the prevailing rate as set by the state of Alabama. In general, if your job duties require it or if a supervisor requests or requires you to use your vehicle for school or system related business (except travel to and from your home to the work site), then you are to be reimbursed for this expense. There are no exceptions; if you are required to use your personal vehicle for system business then you are due to be reimbursed for that use. Some examples are as follows:

• Travel to required meetings. However, if you are taking time off during the day to attend a meeting that is not required, then mileage is not to be reimbursed.

• Travel to make bank deposits. If the deposit is made after leaving school and the bank is not on the route home, then only the mileage for distance deviated from your normal route to the bank is to be reimbursed.

• Travel to the central office. However, if it is to take care of your personal business and not related to your job duties, then mileage is not to be reimbursed.

• Travel to different work sites. However, if system transportation is offered but refused, then mileage is not to be reimbursed.

• Travel to purchase system supplies. KRONOS TIME AND ATTENDANCE The KRONOS Time and Attendance reporting system is used for all employees. It is a biometric recognition system and requires an employee ID number and finger scan to account for the time or attendance of all employees. The system is designed not only to protect the school system against fraud by unscrupulous employees, it also helps protect the employee should there be a dispute as to whether the employee was where he/she was supposed to be at the time they were supposed to be there. Each employee has the responsibility to make sure their attendance is reported in KRONOS. All employees will maintain a daily record of time worked by signing in/out at KRONOS terminals and reporting absences in SubFinder. General Information: The KRONOS system is designed to allow an approximate six minute period before and after the normal clock-in time that does not affect the total time worked for the employee. Basically, this means that if the normal clock-in time for the employee is 8:00 am, then the employee may clock-in anywhere from five minutes and 59 seconds before the hour to five minutes and 59 seconds after the hour and the start time for the employee will be shown as 8:00 am. The same applies at the end of the work period when the employee is to clock-out. The reason there is a grace period before and after the hour for clock-ins and clock-outs is that normally the late clock-ins and early clock-outs will offset themselves in the long run for normal employees. However, continually arriving late every day and leaving early every day will result in disciplinary action since you are not fulfilling the requirements for a normal workday. As explained under the Wage & Hour section, employees are classified under the Fair Labor Standards Act (FLSA) as either Exempt or Non-Exempt.

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Exempt employees: 1. Exempt employees are not eligible for overtime pay. They are paid on a salary basis. The general

work day is eight hours a day for central office and support personnel and seven to eight hours a day for school based personnel, depending on their job schedule. However, employees are often required to work additional hours without compensation in order to complete the job at hand. By the same token, if they work less than their scheduled hours, it does not make a difference in the amount they are paid, since they are paid on a salary basis (except as noted in item (c) below).

a. KRONOS is used for these employees strictly for attendance purposes. It is not to measure

whether they are at work exactly eight hours a day. i. However, continually working less than the expected work day will result in

disciplinary action, which could eventually lead to termination. b. These employees usually are the administrators, coordinators, supervisors, managers,

foremen and professional employees whose primary duty is the performance of administrative, office or non-manual work directly related to the management or general operations of the system.

i. Also, by law, teachers are automatically exempt from the overtime provisions of the FLSA.

c. Since the school system has established leave policies, should exempt employees work less than one-half of their half day schedule, they will be charged with a half day absence. If they work less than one-quarter of their whole day schedule, then they will be charged with a whole day absence. If they work more than one-quarter and less than three-quarters of their whole day schedule, they will be charged with a half day absence.

Non-Exempt employees:

1. Non-Exempt employees are eligible for overtime pay. They are paid on an hourly basis and are due overtime pay or compensatory time off. The general work day is eight hours a day and, if required to work additional hours, it will be with additional compensation.

2. This additional compensation will be either straight time up to 40 hours worked a week or time and a

half for any hours worked over 40 hours a week.

a. KRONOS is used for these employees for time-keeping purposes. It is to first measure (1) whether they are at work and then (2) how much time should be paid to them.

i. Normally, the employee must clock-out for non-paid periods, such as lunch. However, this depends on the requirements of the employee’s job responsibilities. There are some employees who are on duty from the time they clock-in to when they clock-out at the end of the day. Generally these employees are security personnel and some aides/paraprofessionals.

b. Usually the Non-Exempt employees are the clerks, Child Nutrition personnel, custodians, bus drivers, aides/paraprofessionals, trades, craft and manual labor personnel.

3. Non-exempt employees that do not work total hours scheduled each week will be reported as a

shortage. It is the employee’s responsibility to report shortage code to the timekeepers. If not reported, the timekeeper will use short-unpaid. Shortage time will be reported to payroll in half and whole days. The appropriate shortage will be deducted from the employee’s leave. Shortage codes available are: SHORT-UNPD -Default- Unpaid time and the employee will be docked SHORT-SCK -Apply to sick leave and HR124 is required for payroll processing SHORT-PERS -Apply to personal leave and HR124 is required for payroll processing SHORT-VAC -Apply to vacation leave and HR124 is required for payroll processing (12

month employees only) SHORT-FLEX -Apply to FLEX leave and HR124 is required for payroll processing (12

month employees only) Kronos And Payroll Operating Guidelines And Procedures: The following operating guidelines are for maintaining time and attendance in KRONOS. The guidelines were approved by the board of commissioners on July 28, 2009.

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All employees:

1. All employees are required to maintain attendance by using Kronos. 2. Most employees are required to take a 30-minute break for each worked shift. 3. A six minute delay is configured on the Kronos terminal before and after start/end time. 4. All employees are accountable for days worked as listed in the payroll calendar. Unsupported days will

be docked according to service report. Complete Kronos Individual Time Record form (HR4500A) for missed or rejected punches each week and return to timekeeper for entry into Kronos. Provide system error code and/or explanation of missed punched. If you have a missed punch or punched incorrectly, you must complete HR-4500A form with the correct start/end time and justification for change. The HR-4500As should be completed and signed by the employee, not the clerk, and approved by the principal, department head, or supervisor.

5. Complete Kronos Individual Time Record form (HR-4500A) when reporting to or leaving sites without a Kronos terminal. Punch in/out where a terminal is available. Return completed form each week to timekeeper.

6. Complete HR124 (if applicable) each week. Provide the 27-digit account number for professional development when necessary.

7. All applicable forms (HR4500A, HR124, etc) must be submitted to the timekeeper and/or bookkeeper by Tuesday of each week. Missed punches, incorrect punches, absences not reported in SubFinder and not corrected by the above procedures will be submitted to payroll as unpaid days and unsupported days will be docked according to service report. Approved corrections will be paid on the next regular pay period.

8. Report all absences in SubFinder. Each day’s absence from work must be reported in SubFinder. If you cannot get through to report an absence in SubFinder, you must complete HR-4500A form with the date and type of absence. The HR-4500A’s should be completed and signed by the employee, not the clerk, and approved by the principal, department head, or supervisor. You must also submit a completed HR-124 form along with the HR- 4500A, if applicable.

9. When leave is depleted and not available, the employee’s leave will be unpaid. 10. All substitutes (including interims) must be validated and reported in SubFinder prior to the job

assignment. 11. Substitutes are automatically updated in Kronos if entered correctly in SubFinder. Substitutes are

required to be scheduled in SubFinder to receive pay as indicated on the Kronos service report. 12. Current leave balance will be maintained in SubFinder. Contact HR System Support at 221-4580 for

discrepancies. 13. All employees can review their own time card in Kronos. User name and password is required to view

timecard. 14. User Name: First and Last initials + last six of SSN 15. Password: default is “kronos” 16. Contact the timekeeper if there is a discrepancy on the time card. 17. Absences reported in SubFinder will automatically update Kronos with leave taken. 18. All substitutes must be entered in SubFinder for accurate reporting to payroll and Kronos. 19. Ensure each day worked or absence is accounted for in Kronos for payroll processing. Total days

and/or hours required for the pay period must balance according to the payroll calendar. Pay will be docked for days not worked in the pay period.

20. Failure to follow procedures for maintaining attendance may result in disciplinary action up to and including termination.

SPECIFIC GUIDELINES FOR EXEMPT AND NON-EXEMPT PERSONNEL Exempt personnel: administrators, managers, teachers, superintendents, etc.

1. Exempt employees will punch-in at a Kronos terminal daily when reporting to work. (Including weekends if applicable). One entry required for full day attendance.

2. Exempt employees will punch out when leaving for a half day. Two entries required if working a half day.

3. Exempt employees will not punch for meals. 4. Exempt employees are not eligible for overtime. 5. Itinerant teachers may have access to multiple schools upon approval from supervisor.

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Non-Exempt personnel: clerks, custodians, cafeteria personnel, paraprofessionals, bus drivers, aides, maintenance, etc.

1. Non-exempt employees will punch in/out at a Kronos terminal daily when reporting to work and leaving for the day (including weekends if applicable).

2. Non-exempt employees must punch for lunch. 3. Short Meal – a punched meal of less than 30 minutes will round to 30 minutes. For example: an

employee punches for his meal for 21 minutes, it would be considered a 30-minute meal. 4. Medium Meal – a punched meal between 30 minutes and 1 hr will round to 30 minutes. For example:

an employee punches for his meal for 45 minutes, it would be considered a 30-minute meal. 5. Long Meal – a punched meal of over 1 hour will include 30 minutes paid and will not round. For

example: an employee punches for his meal for 1 hour and 15 minutes, it would be considered a 45-minute meal.

6. Non-exempt employees must work assigned hours each week, not unless leave is taken for time off from work.

GUIDELINES FOR ATTENDANCE IF ABSENCE LESS THAN A HALF DAY

• Exempt: For each four hour period, if the employee is off work for over two hours, then 1/2 day will be deducted with paid leave or it will be unpaid. 1. An exception to this could be office staff coming in late and then working late for a full four hour

period. If leave for this period of missed work has been appropriately approved with an HR-124, then paid leave will be applied, otherwise it will be unpaid.

2. If the employee misses more than six hours work for one eight hour work day (five hours for a 7 1/2 hour work day), then a full day will be deducted or leave applied as indicated above.

• Non-exempt: Leave or unpaid time will be as actual missed work. If leave for this period of missed

work as been appropriately approved with an HR-124, then paid leave will be applied, otherwise it will be unpaid. 1. Absences are required to be approved by a HR-124 and input into the Subfinder system. If not

approved by a HR-124, then it will be unpaid. 2. Day to day sick leave is not required to be approved on a HR-124. The employee must report the

sick leave in Subfinder. CORRECTING LEAVE CHANGES IN PAYROLL

1. Leave submitted to payroll will be processed according to the service report. 2. Corrections will not be made after 30 days. The principal, department head, or supervisor must send a

request in writing to the Payroll Supervisor within the 30-day period asking that their service report be changed. The memo must state the reasons for this request including a copy of the timecard and leave form.

3. Approved corrections will be processed on the next regular pay day. 4. It is the EMPLOYEE’S responsibility to submit an HR-124 form for AVAILABLE leave. Adjustments will

not be made when an employee requests leave that is not available. The HR-124s should be completed and signed by the employee, not the clerk, and approved by the principal, department head, or supervisor.

5. All applicable leave forms MUST be submitted each week in order for the employee to use the leave requested.

PAYROLL All Board employees shall be paid in accordance with the salary schedule adopted for the particular budget year. All regular employees of the Board will be paid either monthly or semi-monthly. Those employees paid on a monthly basis are paid on the last day of the month. Semi-monthly employees will be paid on the 15th of the month and the last day of the month. With the exceptions of deductions for absences not covered by paid leave and those required by law, all categories of deductions from salary shall be subject to Board approval and/or voluntary on the part of the individual employee.

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Pay increases mandated by state law shall be implemented on the date dictated by said law. No mandated pay raises shall be implemented retroactively unless the Board takes affirmative steps to do so. Full-time employees work a set number of days during the year for which he/she is compensated. Different groups of employees have different lengths of employment based on what they do. The length of the employment year can range from 182 days to 260 days, depending on the type employee and whether he/she works in the central office, elementary school, middle school, high school, or with support services. Twelve month employees will either work 240 or 260 days a year, depending on their date of hire. Unless covered by Annual Leave, Personal Days, or Accumulated Sick Days for illnesses, employees will not be paid for days not worked. Example of some, not all, scheduled work days:

• 260 days Principals, Central Office staff, etc. • 202 days Resource Teachers, Vocational Teachers, School staff, etc • 197 days Custodians, etc. • 191 days Cafeteria Managers • 192 days Attendance Officers, etc. • 187 days Teachers, Paraprofessionals/Aides, CNP Assistants, etc.

School based employees, who are not twelve month employees, do not work during parts of the summer months; however, we pay all full-time employees on a twelve month basis. Each pay period a certain number of days are set aside to pay for the months during the summer that the employees do not work. These summer payout checks are for time worked during the year but withheld to pay employees during the summer months. Those employees hired for less than twelve months and who are hired at the beginning of the contract year should receive their full pay during each month worked. However, employees who start work after the start of their contract year will receive a lower salary for the months worked during the first year because they will not work their full contracted number of days. All employees who do not work their entire contract period will receive a prorated salary. This same type of calculation will also occur if the employee is on an unpaid leave of absence for an extended period of time. A significant amount of unpaid leave will change the total of your monthly pay for the remainder of the contract period. After the employee returns to work from the leave of absence, the payroll department will recalculate the monthly rate of pay depending on how many days are left in the contract year. Contact the payroll department if you have concerns about your pay after an extended unpaid leave of absence.

• Salary Example 1: 187 day employee is hired at a salary of $18,000 a year and starts work at the beginning of the contract year. He/she will be paid $1,500 per month. ($18,000/12=$1,500)

• Salary Example 2: 187 day employee is hired at a salary of $18,000 a year. He/she is hired after the

beginning of the year and starts work during October. He/she will only work 140 days for the year, therefore he/she will be paid only $1,347.59 per month. ((( $18,000 / 187 = $96.26 daily rate ) X 140 days = $13,475.94 for the year ) / 10 months that checks are due = $1, 347.59 ) The following year the monthly salary will become the regular salary of $1,500 as the employee will start work at the beginning of the contract year.

INSURANCE The following are some general guidelines from the Public Education Employees' Health Insurance Plan (PEEHIP) as found in their Handbook. If there are any questions regarding coverage, call or write the PEEHIP office in Montgomery at 201 South Union Street, Montgomery, AL 36104. The mailing address is P. O. Box 302150, Montgomery, AL 36130-2150, (334) 517-7000 or Toll Free (877) 517-0020.

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This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 25 -

Full-time employees and permanent part-time employees are eligible for coverage with PEEHIP. A permanent part-time employee is eligible for PEEHIP if he/she agrees to payroll deduction for a pro rata portion of the premium cost for a full-time employee. The amount of the deduction is based on the percentage of time the permanent part-time worker is employed. The Open Enrollment period usually begins on July 1st and ends on August 31st in order for the changes to be effective October 1. All open enrollment forms and written requests must be postmarked no later than August 31st for the PEEHIP office to accept the request. Members can add new types of coverage, dependent coverage or change coverage types during this open enrollment period. Summary of Coverage is available on the web at http://www.rsa-al.gov/PEEHIP/peehip.html) Insurance Premiums and Enrollments The PEEHIP office determines and manages the premium deductions; therefore, active and retired members will be required to send all insurance changes to the PEEHIP office. Members will no longer go to their employer to make insurance changes. Prior to the payroll cutoff date, the PEEHIP office will send an electronic file to each employer authorizing the payroll deductions for each employer. The payroll deduction amount will be based on the insurance plan(s) each member selects. If the payroll deduction is incorrect, members will need to contact the PEEHIP office instead of their employer. It is imperative for PEEHIP to have the correct home mailing address so all members can receive important PEEHIP information. Non-tobacco User Discount Beginning October 1, 2006, all PEEHIP members who are tobacco users and are enrolled in the hospital medical or HMO plans will be charged a surcharge. However, non-tobacco users can have the surcharge removed from their monthly premium by certifying that they (and their spouse, if the spouse is covered as a dependent) have not used tobacco products within the last 12 months. Supplemental Coverage Plan PEEHIP members may opt to elect the PEEHIP Supplemental Plan as their primary coverage in lieu of the PEEHIP hospital medical plan. The PEEHIP Supplemental Plan cannot be used as a supplement to Medicare, the PEEHIP hospital medical plan, or the State or Local Governmental Plans administered by the State Employees Insurance Board (SEIB). Federal Poverty Level Assistance Program (FPL) PEEHIP members who have a combined family income of 200% or less of the Federal Poverty Level (FPL) may qualify for a reduced premium on their hospital medical or HMO premium. To qualify for the FPL assistance, PEEHIP members must furnish acceptable proof of total income based on their most recently filed Federal Income Tax Return along with copies of pertinent W-2's and 1099's. The premium discount will be effective for the plan year only, and re-certification will be required annually during open enrollment. The most recent Federal Poverty guidelines are listed on the back of the FPL APPLICATION form and are on the PEEHIP website at www.rsa-al.gov. Public Education Employees’ Flexible Benefits Program (Flex) The new Flexible benefits plan is available to active members of PEEHIP. Three programs will be offered:

1. Premium Conversion Plan (PCP) requires all active members to pay PEEHIP premiums using pre-tax dollars.

2. Dependent Care Reimbursement Account Plan (DCRA) allows eligible active members the

opportunity to pay dependent care expenses using pretax dollars.

3. Health Care Reimbursement Account Plan (HCRA) allows eligible active employees to set aside tax-free money in an account to pay themselves back for eligible health care expenses that were not covered by the insurance plan.

Non-Duplication of Benefits All PEEHIP members and covered dependents that use their PEEHIP hospital medical plan as their secondary plan will still be required to pay any co-pays or deductibles imposed by the PEEHIP plan. PEEHIP will cover other health plan deductibles and co-pays that exceed the PEEHIP co-pays.

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This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 26 -

New Employees New employees may enroll on their date of employment, the first day of the month following employment, or October 1. Enrollment should be completed within 30 days of the employee’s employment date. If not enrolled within 30 days, the employee will only be allowed to enroll in single hospital medical coverage effective the date of enrollment not the date of employment. New employees may add family coverage on their date of employment or within 30 days of employment. Also, new employees employed during the Open Enrollment period cannot enroll in the optional plans on their date of employment and cancel the plans October 1 of that same year. Employees Hired After October 1 These employees may enroll only on their date of employment or the first day of the month following their date of employment. New employees who enrolled in the optional plans outside of the Open Enrollment period are required to retain the coverage(s) for at least one year or until the next Open Enrollment period. Current Employees Open Enrollment for all current employees takes place in July, August, and September for coverage to be effective October 1. Employees may add or change types of coverage, including dependent coverage, during this Open Enrollment period. Open Enrollment forms completed on or after August 31st will not be accepted by PEEHIP. Transfers Employees who transfer from another system are considered current employees and must keep existing insurance coverage until the Open Enrollment period. Changes will be effective October 1. Loss of Coverage Employees whose spouse or other dependent has an involuntary loss of hospital medical coverage will be allowed to add family coverage to existing Hospital Medical plan within 45 days of the loss of coverage. If PEEHIP is not notified within 45 days, the employee and/or the dependent(s) will be required to wait until the Open Enrollment period. Examples of involuntary loss situations:

• Layoffs, • System discontinuing insurance coverage completely (this would not be just a change in insurance

carriers), • Spouse being terminated. • Divorce.

Eligible dependents

1) The employee’s lawful spouse;

2) Dependent child under the age of 26, only if the child is: (a) The employee’s biological son or daughter; (b) The employee’s legally adopted child (including any probationary period during which the child is

required to live with the employee); (c) The employee’s stepchild or foster child fully dependent upon the employee for support and

permanently residing in the employee’s household in a normal parent-child relationship with no foreseeable or expected termination. Documentation will be required by PEEHIP before the child will be enrolled.

(d) A child related to the employee by blood or marriage that is fully dependent upon the employee for support and permanently residing in the employee’s household in a normal parent-child relationship, where neither the child’s natural mother nor natural father live in the employee’s household and the employee and child’s relationship does not have a foreseeable or expected termination. Documentation will be required by PEEHIP before the child will be enrolled.”

3) Dependent child of any age incapable of self-sustaining employment because of a physical or mental

handicap and is chiefly dependent on the employee for support. Also, the child had to be covered as a dependent on the employee’s PEEHIP policy before reaching the limiting age. Proof of the child’s

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Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 27 -

condition and dependence must be submitted to PEEHIP within 31 days after the date the child would otherwise cease to be covered because of age.

Ineligible Dependents

1) Once an “eligible” dependent has “aged out,” that person is ineligible to participate in PEEHIP again as a dependent except subsequently as the spouse of an eligible employee.

2) Ex-spouses are not eligible dependents even if an employee continues to pay for family coverage. The

ex-spouse must be deleted from coverage effective the first day of the month following the date of divorce.

3) Step-children who do not live in the employee’s household.

4) Adult child eligible for other employer sponsored hospital medical coverage.

Marriage An employee with single coverage who marries and wishes to acquire family coverage must submit written notification to PEEHIP within 45 days of the date of marriage. The effective date of coverage may be the date of marriage or the first day of the following month. If PEEHIP does not receive written notification within 45 days of the date of marriage, the eligible dependent will be added as of the date of notification or first of the month following notification. Newborn An employee with single coverage who desires family coverage due to the birth of a child must submit written notification to PEEHIP within 45 days of the date of birth. The effective date of coverage may be the date of birth or the first day of the following month. If a newborn is not covered on the date of birth, claims for the newborn at the time of birth will not be paid. An employee who is only enrolled in the four optional plans cannot enroll in the Hospital Medical Plan due to the birth of a child. Other Dependent Children When adding a dependent child other than the employee's biological child or stepchild, the employee must submit documentation of custody or guardianship and provide information as to the relationship to the employee. The dependent must be related to the employee by blood or marriage and must be fully dependent upon the employee for support and permanently residing in the employee’s household in a normal parent-child relationship. In addition, PEEHIP requires appropriate documentation as to the whereabouts of the natural mother and father, such as custody or guardianship papers, notarized statement, etc. If custody is temporary, the dependent child must have resided in the employee’s household for at least one year before the dependent can be considered for coverage. Dependents with Different Last Names If a husband and wife have different last names, the employee must submit a copy of the marriage certificate. If biological children have different last names, the employee must submit a copy of the birth certificate. PEEHIP is not bound by a court order to insure dependents who do not meet PEEHIP guidelines. Allocations An employee receives the State insurance allocation for each month employed as long as that employee is in pay status at least one-half of the working days of that month. If an employee works October 1 thru November 8, he/she will earn the October allocation but not the November allocation. An employee may get paid for a portion of a month but may not earn the allocation for that month if he/she is not in pay status at least one-half of the workdays of that month. Permanent part-time employees who meet the qualifications will be entitled to a pro rata allocation. Professional employees employed full-time are eligible for a full allocation, such as teachers, counselors, librarians, administrative employees or others. Support workers, such as Custodians, Maintenance workers,

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Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 28 -

Child Nutrition Assistants, or teacher Aides/Paraprofessionals, must be employed at least twenty (20) hours per week to receive a full allocation. Bus drivers are full-time employees by law regardless of the hours worked. Employees who work at least fifteen (15) hours but not more than twenty (20) hours per week are entitled to a ¾ insurance allocation. Employees who work at least ten (10) hours but less than fifteen (15) hours per week are entitled to a ½ insurance allocation. Employees who work less than ten (10) hours per week are entitled to a ¼ insurance allocation. Allocation Entitlement If you are enrolled in the Hospital/Medical or HMO Plan the following gives you the State allocation entitlement based on the amount of time worked. Each additional optional plan can also be purchased for $38.00 a month. Allocation Entitlement Allocation if Enrolled in Entitlement if Hosp/Med or HMO Enrolled in Plan Optional Plans Professional/Administrative Employee

• Less than ¼ time 0 0 • At least ¼ time but < ½ time ¼ insurance allocation 1 Plan • At least ½ time but < ¾ time ½ insurance allocation 2 Plans • At least ¾ time but < Full-time ¾ insurance allocation 3 Plans • Full-time Full allocation 4 Plans

Support Worker

• 0 to 4.9 hours/week 0 0 • to 9.9 hours/week ¼ insurance allocation 1 Plan • 10.0 to 14.9 hours/week ½ insurance allocation 2 Plans • 15.0 to 19.9 hours/week ¾ insurance allocation 3 Plans • 20 or more hours/week Full allocation 4 Plans

Leave An employee can use his or her accrued or donated sick leave in order to be in pay status to receive the State allocation. Sick leave, annual leave, or catastrophic leave cannot be manipulated in such a way that an employee receives the allocation inappropriately. An employee must use his or her accrued sick leave, annual leave, or catastrophic leave continuously and consecutively when not actively employed. COBRA Under COBRA, the employee, ex-spouse, or dependent has the responsibility to inform PEEHIP within 45 days of a divorce, legal separation, or a child losing dependent status under the Plan. PEEHIP may be notified by phone or in writing. A dependent’s coverage ends on the last day of the month in which the dependent becomes ineligible by turning age 19 or 26 if a full time student or by marriage. When PEEHIP is notified of a qualifying event, PEEHIP will in turn notify the eligible employee that he/she has the right to choose continuation of coverage. The eligible employee has 45 days from the date he/she would lose coverage because of one of the qualifying events to inform PEEHIP that he/she wants continuation of coverage. If the eligible employee does not choose continuation of coverage, his or her PEEHIP group health insurance coverage will end the last day of the month in which the employee becomes ineligible. If an employee and/or dependent becomes entitled to Medicare after electing COBRA coverage, he/she is no longer eligible to continue the COBRA coverage.

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MOBILE COUNTY PUBLIC SCHOOL SYSTEM Division of Human Resources

Employee Handbook for Human Resources – May 2016

This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure. - 29 -

Termination for Gross Misconduct If an employee is terminated for gross misconduct, then MCPSS is not required to provide continuation of coverage under the provisions of COBRA. Continuation of Coverage If the eligible employee or dependent chooses continuation of coverage, PEEHIP is required to give coverage which, as of the time coverage is being provided, is identical to the coverage provided under the Plan to similarly situated employees or dependents and is the same coverage he/she had prior to the qualifying event. COBRA requires that the eligible employee be afforded the opportunity to maintain continuation of coverage for 36 months unless he/she lost group health coverage because of a termination of employment or reduction in hours. In that case, the required continuation of coverage period is 18 months. COBRA also provides that an employee's continuation of coverage may be cut short for any of the following five reasons:

1) PEEHIP no longer provides group health coverage to any of MCPSS employees. 2) The premium for continuation of coverage is not paid by the employee when payment is due, or the

premium payment is insufficient. 3) The employee becomes covered under another group health plan which does not contain any

exclusions or limitations with respect to any pre-existing condition. 4) The employee or dependent becomes entitled to Medicare after COBRA benefits begin. 5) The employee becomes divorced from a covered employee and subsequently remarries and is

covered under the new spouse's group health plan, which does not contain any exclusions or limitations with respect to pre-existing conditions.

Dependent Coverage A spouse of an employee covered by PEEHIP has the right to choose continuation of coverage if the spouse loses group health coverage under the Plan for any of the following reasons:

• Death of the employee. • Divorce or legal separation. • Termination of the employee's employment (for reasons other than gross misconduct) or reduction in

the employee's hours of employment. • Employee’s eligibility for Medicare.

In the case of a dependent child of an employee, he/she has the right to continuation of coverage if group health coverage under the Plan is lost for any of the following reasons:

• Death of a parent. • Parents' divorce or legal separation. • Dependent ceases to be a dependent child under the Plan. • Termination of a parent's employment (for reasons other than gross misconduct) or reduction in a

parent's hours of employment. • Parent becomes eligible for Medicare.

EMPLOYEE ASSISTANCE PROGRAM As an employee in education, you face many challenges. Whether you teach, maintain equipment, prepare meals, manage a department, assist on the playground, coach sports, drive a bus, or run a school, your effective performance is important to the overall quality of the educational program and to your own sense of job satisfaction. The Employee Assistance Program (EAP) is available to all employees and their dependents. The EAP program is a confidential service available for employees who experience problems which may eventually affect their employment. It is confidential as long as there is no threat of harm to students or other employees. Self-referrals do not become part of any employment record and are not reported to supervisors. Contact the Personnel Administrator for Employee Relations for additional information at 221-4531. The EAP program is based on referrals to appropriate outside resources that can help employees resolve their own problems. The program does not provide treatment, but rather assists or refers employees to professionals who are experts in the area of the employee’s problem. Professional counseling services are provided by

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Bayview Professional Associates. Bayview will provide up to eight visits free of charge for the employee and his/her immediate family members. When something prevents you from doing your best, you suffer and your work suffers. These counseling sessions may address any of the circumstances which can interfere with your work, such as stress, family problems, relationship problems, alcohol/drug dependence, legal problems, financial difficulties, or job dissatisfaction. Your personal life, of course, is your business and there is no intent to intrude. However, if your performance suffers, then our business is to help you try and solve your problems and perform at your best. Any self-referral to the EAP program is confidential. No report is made to the supervisor nor is any record placed in the employee’s personnel file. How do you know if you have a problem? A situation is a problem if:

• You spend a great deal of time thinking about it (worrying); • You pretend “it’s not that bad” or “it will get better with time” (and it doesn’t); • You feel physically ill or overly tired; • You are afraid to confront a problem because you think rocking the boat will make it worse; • You don’t know where to go for help.

Should any problems or stress begin to affect performance, it is felt that the employee has an obligation to seek professional help either through the Employee Assistance Program or any other outside program. If there are problems affecting your work performance, please seek help in order to assure the students of Mobile County have the very best professionals teaching them. Counseling services that may be of help are listed below:

• Bayview Professional Associates, 501 North Bishop Lane (Old Shell Road at I-65), 450-2250; • Helpline: 431-5111; • Mobile Mental Health Center: 473-4423; • Alcoholics Anonymous: 438-1679; • Ala-teen: 341-8998; • Drug Education Council: 433-5456; • Consumer Credit Counseling: 602-0011; • Debt Counseling of Mobile: 433-2488.

SICK LEAVE BANK The Sick Leave Bank (SLB) was established according to Alabama Code, Section 16-22-9 and 16-1-18.1 to help employees during the financial pinch of lost work due to illness or injury. Any full-time or part-time employee who receives Accumulated Sick Days as a benefit is eligible to join the SLB. Membership is optional and requires only two days to be deposited in the bank. These days will be returned once the employee resigns from the bank. Open enrollment is the first 30 days of the school year. New employees may join the SLB within the first four (4) weeks following their employment date. To join the SLB, the employee shall complete and sign the authorization form to contribute two (2) Accumulated Sick Days or to commit two (2) Accumulated Sick Days for deposit in the SLB. Pledged days shall be deposited from the first two (2) Accumulated Sick Days earned by the employee. An employee shall be allowed to borrow (owe) no more than 15 days from the bank. However, employees, at their discretion, may donate their own days to a specific employee who is suffering a catastrophic illness. In order to receive or donate days, both employees (beneficiary and donating) must be members of the Sick Leave Bank. State law provides that no employee may donate more than 30 days to any one employee. Sick leave days owed to the SLB shall be paid back at a rate of one per month beginning with the next available earned sick leave day and continuing until the debt has been repaid. To be eligible for a loan from the SLB, a participating member must have exhausted all accumulated sick leave in his/her personal account along with any personal leave. Also, the applicant must have missed at least three

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(3) days due to the same illness (not a recurring illness such as headache or sinus infection) before applying for a loan from the SLB. Any sick leave drawn from the SLB by a participating employee shall be used in accordance with the definition of sick leave as set forth in state statutes and Board policies/procedures. A participating member must borrow and utilize days from the SLB up to the maximum number of days allowed from the SLB. Any donated days may be used to repay the loan days borrowed. No limit is established on the number of days a beneficiary employee may receive from donors. Donated days will be at the donor’s discretion. Donated days not used by the beneficiary employee shall revert to employees who donated the days on a prorated basis. In accordance with state law, before Accumulated Sick Days for a catastrophic illness may be donated, the employee who is to receive such days shall have no Accumulated Sick Days or personal leave remaining in his/her personal account. Catastrophic Illness is defined as “any illness or injury so certified by a licensed physician which causes the employee to be absent from work for an extended period of time.” The “extended period of time” will be determined on a case-by-case basis by the SLB Committee. The SLB Committee is required to forward Accumulated Sick Days donated by participants to another SLB for use by a particular employee who is suffering from a catastrophic illness. If an individual leaves the school system, any outstanding SLB debt must be repaid and his/her final pay check shall be reduced in an amount equal to the number of days of debt times the employee’s current daily rate of pay. Any member who is retiring from the school system may withdraw his/her contributed days to be applied toward the person’s retirement credits. PERSONAL LEAVE All full-time employees, teachers and support personnel, are granted two days of personal leave annually. New employees starting work after December 31st will receive only one personal leave day for that year. Employees starting work after March 31st will receive no personal leave days for that year. Unused personal leave, at the discretion of teachers only, may be reimbursed to the teacher at the end of the school year at the same daily rate as is paid to non-certified substitute teachers for each day of personal leave not taken by the teacher. Support personnel are not eligible for reimbursement of unused personal leave. The teacher or support employee may choose to convert personal leave days to sick leave days at the end of the school year. This conversion will take place after the June 30 payroll. No teacher, or support employee, as a condition to receive personal leave, shall be required to divulge his or her reasons for requesting such leave. However, this does not mean that personal leave can be taken at any time the employee chooses. Personal leave may be denied to insure proper staffing and support of the departments or schools. Basically, this means that if there is a valid business need for the person to be at work, then employees may not be allowed to take their personal leave at that particular time. ACCUMULATED SICK DAYS Accumulated Sick Days for full-time employees shall accumulate at the rate of one day per month for each month of regular employment during the year. Sick Days provide a day’s pay when employees are unable to work because of illness or injury for themselves or an immediate family member.

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Accumulated Sick Days are not to be used as vacation or personal leave. Using Accumulated Sick Days for anything other than your sickness or that of a family member is a violation of state law and Board policy and may be considered fraud. Accumulated Sick Days are available only for the following situations:

1. Personal illness or doctor’s quarantine. 2. Incapacitating personal injury. 3. Attendance upon an ill member of the employee’s immediate family (parent, spouse, child, sibling) or

an individual with a close personal tie. 4. Death in the family of the employee. 5. Death, injury, or sickness of another person who has unusually strong personal ties to the employee,

such as a person who stood in loco parentis. If an employee is off work because of one of the stated reasons for over ten (10) work days, he will be required to provide a physician’s statement or other documentation which verifies disability, birth, or adoption of a child. Should circumstances warrant it, a supervisor may require a physician’s statement for any medical absence. Accumulated Sick Days Build Retirement Credit for Tier 1 Members If the employee is a Tier 1 member, the Teachers Retirement System will grant additional retirement service based on the number of Accumulated Sick Days the employee has at the time of retirement or at the time of termination from the system. The more Accumulated Sick Days you have the sooner you can retire. Refer to the section in this Handbook on retirement for further information regarding the use of Accumulated Sick Days in order to increase the amount of retirement credit, which in turn will increase the amount of the retirement check. Death Benefit – Unused Accumulated Sick Days If a participating member of the Teachers Retirement System dies while in active service, Alabama law provides for the payment of unused Accumulated Sick Days to the employee’s beneficiary or estate. This payment is subject to the limitations provided in Alabama Code 16-1-18.1, which states in part that a full time employee will accrue one Sick Day for every month worked. The requirements for payment of this benefit are:

1) The employee must have been an active and contributing member of the Teachers Retirement System.

2) The employee must have been in active service at the time of death. VACATION / ANNUAL LEAVE All full-time twelve month employees will receive Annual Leave (vacation) days based on the number of months worked during the year. Annual leave is earned on an accrual basis. It is not awarded in advance of time worked. Those full-time, twelve month employees hired after July 1, 1999 will receive vacation days according to the following schedule.

Vacation Days

Employment Period

Vacation Days

Employment Period

5 first 12 months of employment

15 121-240 months of service

10 13-120 months of service

20 after 240 months of service

Those full-time, twelve month employees hired before July 1, 1999 will receive vacation days according to the following schedule. These employees will also be eligible for Optional Vacation Days, which vary in number from seven (7) to nine (9) days per year.

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Vacation Days

Employment Period

Vacation Days

Employment Period

10 1 -120 months of employment

15 121 plus months of service

Accumulated Annual Leave in excess of forty-five (45) days shall become sick leave days and may be used as sick leave or accumulated for purposes of retirement, subject to the Retirement System of Alabama (RSA) rules at the time of retirement. Unused Annual Leave will be allowed to accumulate up to the forty-five (45) days as of the attendance reporting date for the June 30th payroll. Employees leaving the system shall be paid for unused accumulated Annual Leave up to the maximum allowed by policy. Annual Leave or Optional Vacation Days may be taken at intervals during the year so long as arrangements are pre-approved by the supervising administrator and so long as the vacation taken does not exceed the accumulated vacation earned. Depending on the needs of the system, Annual Leave and Optional Vacation Leave may be denied to insure proper staffing and support of the departments or schools. The Superintendent and Board may desire to have certain offices/departments/divisions of the system open and adequately staffed for the public on certain non-holidays. Division heads and supervisors may be required to ensure staffing and supervision during these times, which may impact an employee’s ability to take a vacation or personal day. HOLIDAYS The system will be closed for Board approved holidays. Holidays may be paid or unpaid, depending on the salary schedule the employee works under. The Board, at its discretion may change the holidays from year to year; therefore, the number of holidays may vary in number. Generally, these holidays are:

Holiday

Days

Holiday

Days

July 4th 1 New Years 2 Labor Day 1 Martin Luther King 1 Veterans Day 1 President's Day 1 Thanksgiving 2 Mardi Gras 2 Christmas 2 Memorial Day 1

School Calendars are approved every year by the Board, which gives both the student attendance calendar and the twelve month employee work calendar. All approved holidays are listed on this calendar, which is distributed to all schools and departments for the benefit of the employees. LEAVES OF ABSENCE The Board complies with all state and federal laws in regard to granting leaves of absence for all employees. It also believes that the provision of leaves of absence for professional employees helps to attract and retain employees who will continue to grow professionally by providing them the opportunity for continued professional growth. If an employee is out on sick days for over ten (10) consecutive days, he/she must apply for a Leave of Absence on Form HR-124 in order to protect his/her employment rights. Any employee who has been absent from work for more than ten consecutive days and who has not obtained an approved leave or otherwise accounted for the absences will be considered to have abandoned his/her job. The employee will be recommended for termination. It is the responsibility of the employee to insure that Employee Relations has an up- to-date HR-124 and medical documentation for the entire time of his/her leave of absence.

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All employees on leave must keep their supervisors and Employee Relations apprised of the length of their absence. Each employee must also provide medical documentation from his/her provider that he/she is physically qualified to return to work before showing up for work. KEEP YOUR SUPERVISOR ADVISED OF YOUR STATUS AND PROJECTED RETURN TO WORK. The HR-124 must be signed by the supervisor and when it is sent to Employee Relations, it must be accompanied by a physician’s or provider’s statement of disability for the period of the requested leave of absence. If a leave of absence is not requested for an extended unpaid absence, then the employee may face disciplinary action up to termination. Also, if an employee is out over ten (10) days, then a physician’s or provider’s statement must be provided upon return to work. If there is reason to suspect abuse, a physician or provider statement may be required for any absences of less than ten days. Not all leaves of absence apply to all employees. Some leaves of absence require tenured or non-probationary status. The Family Medical Leave Act requires the employee to be employed for at least one year and that the employee must have worked at least 1250 hours during the year prior to taking the leave. If there are any questions about whether the FMLA would be available for an employee contact the office of the Personnel Administrator for Employee Relations. For complete information on leaves of absence, contact the office of Employee Relations. The leaves of absence available are:

1) Personal Leave (two personal days granted each contract year) (1 granted for employees starting work after Dec. 31st) (0 granted for employees starting work after Mar 31st)

2) Accumulated Sick Days (accumulate 1 day for each month worked) 3) Family Medical Leave (up to 12 weeks, illness or maternity/adoption) 4) Extended Sick Leave (up to one year) 5) Maternity (post partum) (4-6 weeks or as certified by treating physician) 6) Maternity/Paternity (unpaid, up to one year from the date of birth) 7) Annual (Vacation) (12 month employees only) 8) Military (governed by state law and federal law) 9) Professional (organization meetings or professional study) 10) Bereavement (up to five paid days with the use of available sick days) 11) Religious (recognized religious holidays) 12) Legal (short term absence only, i.e. jury duty or subpoena) 13) Emergency (short term absence only)

The administration of leaves of absences shall be in conformity with Board policies. For tenured employees and non-probationary employees, the granting of a leave of absence does not affect their job location or job status. Upon returning from a leave of absence, an employee will be returned to essentially the same job from which he/she left.

• For a teacher, it means back to the same school and same grade. • For a support employee, it means returning to the same school or department.

During his/her absence, job duties may have changed based on the needs of the system, but there can be no loss of status.

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Basically this means that tenured and non-probationary employees may not be transferred. It also means that a permanent, full-time employee may not be hired in their place. Family Medical Leave Family Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year and worked 1250 hours over the previous twelve (12) months. Eligible employees, as determined under the FMLA, will be granted a period of leave, up to 12 weeks, for either a personal illness, an illness of an immediate family member, the birth of a child or the adoption of a child. This period of leave will be in conformity with the FMLA rules and regulations. After proper documentation has been received and the leave approved, it will begin after any period of Accumulated Sick Days and before any period of extended sick leave. Under the Family Medical Leave Act, an immediate family member is defined as:

1. Spouse 2. Son; 3. Daughter; 4. Child of a person standing in loco parentis 5. Father; 6. Mother; 7. Person who stood in loco parentis to the employee; 8. Does not include “in laws”.

Extended Sick Leave Extended Sick Leave is available to tenured and non-probationary employees who are medically unable to perform the duties of their job or who have immediate family members who, due to illness or injury, require continuing care from the employee. Eligible employees may, upon approval by Human Resources, be allowed to take Extended Sick Leave for a period of up to one year. Approval of Extended Sick Leave will be based on medical necessity and disability after submission of proper medical documentation. A physician’s statement verifying the employee’s physical inability to perform his/her job functions will be provided by the employee for each period covered by Accumulated Sick Days (when required), FMLA, Extended Sick Leave and the period of Maternity/Paternity Leave which covers disability from pregnancy, delivery, and postpartum recovery. Failure to provide proper medical documentation may result in denial of Accumulated Sick Days, FMLA, and/or Extended Sick Leave (failure to report to work in the absence of proper documentation could be considered abandonment of job). For school based instructional employees (i.e. teachers, aides), Extended Sick Leave will not extend beyond the end of the quarter that is in progress twelve months after the commencement of the leave. Should the employee be cleared to return to work within three weeks of the end of a school quarter, that employee may be required to remain off work until the beginning of the next quarter. For 12 month employees and support employees, the Extended Sick Leave will not extend beyond 12 months after the commencement of the leave. Extended Sick Leave is available for eligible employees who have circumstances as defined below:

1. Personal illness or doctor's quarantine. 2. Incapacitating personal injury. 3. Attendance upon an ill member of the employee's immediate family (parent, spouse, child, sibling); or

an individual with a close personal tie. 4. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law, daughter-

in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle, or aunt). 5. Death, injury, or sickness of another person who has unusually strong personal ties to the employee,

such as a person who stood in loco parentis.

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Maternity/Paternity Leave Maternity or Paternity Leave is available for tenured and non-probationary employees for the birth or adoption of a child. It will be unpaid and may extend up to one year from the date of the birth or adoption of the child. Those employees who are not tenured or are probationary may take a limited maternity leave of twelve weeks if they are eligible under the Family Medical Leave Act as outlined below. Accumulated Sick Days may only be used for periods of disability related to the pregnancy, delivery, or postpartum recovery. The portion of the leave used for the parental care of the child will be without proof of a qualifying medical condition of the parent or child. Employees requesting Maternity/Paternity Leave following postpartum recovery will only be cleared to return to work at the expiration of the requested leave. All Medical Leaves The total period an employee is allowed to take off work will be limited to 12 months. Any employee remaining off beyond that time will have to resign, retire (if eligible), or be recommended for termination. If there is a question in this matter, contact the Personnel Administrator for Employee Relations. An employee who fails to return to work after the expiration of any period of leave (without approval of a valid leave of absence) shall be considered to have abandoned his/her job and may be recommended for termination. An employee who fails to apply for FMLA, Extended Sick Leave, or Maternity/Paternity Leave as outlined in this policy may be considered to have abandoned his/her job and may be recommended for termination. Employees will retain tenure and employment status while on approved leaves. In general, retirement credit and local experience credit will not be earned during leaves of absence. Employees are not allowed to work during any leave of absence in which a physician or mental health provider certifies disability. For Maternity/Paternity Leave, employees are not allowed to work unless it is part time work outside their normal working hours. Continuation of Health Benefits The system’s contribution to the health benefits of the employee will be maintained while the employee is covered by any period of Accumulated Sick Days or FMLA Leave. The employee is responsible for his/her share of the premiums during this time. Contact the Insurance Department to determine when to start paying the insurance premiums. Once the Accumulated Sick Days and/or FMLA leave has ended, the employee will be responsible for the entire premium, both the system’s premium and the employee’s premium during this period. The employee, based on guidelines set out by the state and/or PEEHIP, may or may not accrue insurance allocations while on a leave of absence. Professional Leave for Professional Study Tenured teachers shall be eligible for leave for professional study, up to, but not exceeding one full scholastic year or for one full calendar year. Non-Probationary classified employees shall be eligible for a one year leave of absence to pursue a teaching degree only. It is expected that the employees will seek a teaching position with MCPSS after becoming certified. Before a leave of absence will be granted, the Certified Employee must submit:

1. Letter from advisor; 2. Proof of acceptance in the program and 3. Planned study program or final registration

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Before a leave of absence will be granted for student teaching, the Classified Employee must submit:

1. Planned study program and 2. Copy of final registration

Before returning to work, the employee must provide proof of completion of the approved program of study. Military Leave An employee who is to be on military leave will inform his/her administrative supervisor as soon as possible. A copy of the employee’s military orders is to be attached to the request for leave. Employees, while on military leave, are eligible to receive up to 21 paid days per calendar year. SUBFINDER - EMPLOYEE ABSENCE REPORTING SYSTEM SubFinder System automates employee absence reporting and substitute placement. It is designed for all employees, both certified and classified. All Mobile County Public School employees are required to use this system in order to report their absences, regardless of their need for a substitute. However, all employees must still call their administrators to personally report their absences. With SubFinder, employees utilize a touch-tone telephone to simply call the system at 221-0000 and report their absences. Once absences have been reported (if the absent employee is entitled to one), SubFinder begins calling and arranging substitutes. Employees may also access the SubFinder system online at https://SubFinder.mcpss.com/webconnect. The SubFinder System automatically emails absence reports to school sites and every central office departments each morning to report all absences and the corresponding substitutes engaged for that day. The SubFinder System is a proactive management tool; operating 24 hours a day, 7 days a week, 365 days a year. Employees have the ability to call in and report absences up to a year in advance. Substitutes can provide sites they prefer to work, their scheduled availability, and when they prefer SubFinder to call them for jobs. Substitutes will also be allowed to call SubFinder to shop and schedule jobs as needed. When employees utilize a telephone for SubFinder system access, Interactive Voice Response (IVR) technology manages the complete process by using voice prompting to guide the employee and substitute through each step in an orderly manner. This means that complete information is obtained about each absence every time. Similarly, when the SubFinder system is accessed via the Internet interface, complete information is obtained on the employee absence. The absent employee may even leave detailed notes for the substitute to utilize in their absence. SubFinder Systems Office: 251-221-4580 Web page: https://SubFinder.mcpss.com/documentation When an employee finds out that he/she is unable to work he/she must:

1. Call the SubFinder reporting system and report the absence before employee start time on the day of the absence.

a. Use the SubFinder system to request a substitute, if a substitute is authorized. b. Substitute request options are:

i. Substitute Required: SubFinder will secure substitute; ii. Prearrange Substitute: Employee secures the substitute iii. Requested Substitute: Employee refers the first call or contact to a specific

substitute. If preferred substitute does not acknowledge the request, then Subfinder will secure a substitute.

iv. No Substitute Required: Substitute is not required for the absence. 2. Follow your departmental procedures and notify the proper individual or supervisor to report your

absence and the estimated duration of the absence.

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Employee’s Responsibilities 1. Call the system and register by simply voicing your own name, so that when administrators review the

absences via phone, or substitutes are shopping via phone; they can hear the name of the employee who is absent or the employee that needs a substitute.

2. Call the system, or access it via the internet https://SubFinder.mcpss.com/webconnect and report absences in advance of the absence, after notifying your supervisor of your absence.

3. Update the system via the telephone or internet if an absence is cancelled. 4. Employees that require substitutes can enter special instructions or utilize the file attachment feature to

leave information online for the substitute. In addition, special instructions can be recorded with the phone for substitutes to hear prior to job assignment.

5. Review absence to ensure correct date and time. To prevent scheduling two substitutes for one job, (where substitutes are allowed) employees should review every absence for accuracy.

6. Refer to the Kronos Time and Attendance section of this handbook for employee guidelines for reporting absences.

Substitute’s Responsibilities 1. All substitutes hired after 6/2/03 are required to attend SubFinder system training prior to job assignment.

This training will be conducted by Human Resources and Staff Development. • This training is offered during the school year. Substitute applicants must attend this training at

least once before becoming an active Substitute Teacher. • Substitute applicants must call 221-4500 for information regarding substitute training.

2. Call the system and register, and the system will assign you an ID number. If a substitute does not register (voice his/her name), then the automated system cannot call him/her and offer work, and the automated system will not speak the substitute’s name to teachers when they are checking their absences via phone to verify their substitute arrangements. It is mandatory that substitutes register with SubFinder before they are allowed to work.

3. Answer the phone when the SubFinder system calls you to offer substitute positions, and accept/reject the substitute job offer as needed.

4. Contact SubFinder office at 221-4580 with updates or changes to the profile. 5. Keep a record of your SubFinder-assigned ID number and provide it to employees who wish to pre-

arrange substitutes in the SubFinder system. TRANSFERS There are times when an employee will need to transfer from his/her current job to another job or different location. It may either be because of a request by the employee to be transferred or it may be that unforeseen circumstances require an employee to be transferred. Job Postings All positions that become vacant will be posted by Human Resources as an advertised vacancy a minimum of seven (7) or fourteen (14) days, depending on when the vacancy occurs. A copy of the posted vacancy is sent to each school and department to be displayed on their bulletin boards. The vacancy will also be posted on the MCPSS web site, on the Division of Human Resources website. Any employee may apply for any of the posted vacancies for which he/she is qualified. The employee will have to interview for the position and if selected, the transfer will be submitted to the Board, but only if the current supervisor and Human Resources agrees. Involuntary Employees, both educational and support personnel, who must be involuntarily transferred, will receive all the due process afforded by law. Every attempt will be made to place the employee in a suitable position, but sometimes vacancies simply do not exist where the employee would like to work. Certified Tenured teacher requests for voluntary transfer are processed once a year before the end of the school year, generally during the months of February and March. Notices are sent out announcing the transfer time period along with the Tenured Teacher Voluntary Transfer Request form and instructions. This application must be returned within the time frame announced or it will not be processed. Even though a teacher has requested a transfer, there is no guarantee that he/she can be transferred. Generally, non-tenured teachers will not be considered for voluntary transfers.

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Teachers must return his/her application to Human Resources. A list of teachers requesting transfers is compiled and sent to principals. Teachers requesting transfers must contact the principals of the schools they are interested in to request an interview. If requested, principals must grant interviews before school ends to all tenured teachers seeking a transfer to his/her school. Principals with vacancies who want to request a teacher seeking a transfer to his/her school will submit a Teacher Recommendation Request Form to Human Resources. If the transfer is approved, Human Resources will contact the teacher. Transfers during the first twenty days of school may be necessary due to shifts in enrollments. Selection of teachers to be moved will be based on those teachers with the least seniority and/or on the overall needs of the program. Classified Any Classified/Support employee who desires to transfer to another school/department in the same type of position or transfer to a new type of position must use the on-line Internal Employee Application for transfers during the advertised vacancy posting. He/she must also follow the same procedure as a new applicant. No verbal requests will be accepted. The transfer procedure will be as follows:

1) When a position is advertised, the employee must use the on-line Internal Employee Application for

transfers. 2) Human Resources will send the names of qualified applicants to the appropriate supervisor, who will

determine the individuals to be interviewed. 3) If the transfer is approved by the current supervisor and Human Resources, the applicant

recommended by the interviewing supervisor will be submitted to the Board for approval. 4) Upon Board approval, the transfer request will be granted.

RETIREMENT Participation in the TRS is mandatory if a person is employed in a position eligible for coverage in a non-temporary capacity on at least a one-half time basis earning at least the federal minimum wage. Once enrolled, the member must continue participation until employment is terminated. Active members of the Employees' Retirement System (ERS) and student employees are not eligible for TRS participation. Temporary employees with a specific termination date not exceeding one year are ineligible. However, temporary employees employed longer than one year must begin participation in the TRS at the beginning of the second consecutive year of employment. The member will be given the opportunity to purchase the first year of temporary employment. The member’s contribution rate is set by law at a percentage of his/her compensation. Service credit may be lost if an employee is out more than nine (9) unpaid days in one scholastic year. Contact TRS for full information on Retirement Services and/or Benefits or for any questions involving the benefits and eligibility for retirement:

1. Mail: Teachers Retirement System P. O. Box 302150 Montgomery, AL. 36130-2150

2. Online: Visit the RSA website at www.rsa-al.gov for benefit information, publications, forms, videos, and calculators. The website also offers members a quick way to view their TRS statement, RSA-1 statement, and change their address online. You will need to register by creating a User ID and Password.

3. Phone: Call Member Services at 877.517.0020 or 334.517.7000 for any questions you may have about your benefits.

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The member contributions are only refundable upon termination of employment and application for a refund. If a member should terminate employment and apply for a refund, the member will be refunded all of his/her contributions and a portion of the accumulated interest, if the member has more than three years membership service. Refunds may be subject to a federal tax penalty. A member may apply to purchase additional credit under certain circumstances. Contact the TRS for full details. Some situations that may apply are credit for military service, withdrawn service, maternity leave, or out of state service. A member is vested in the TRS after completing 10 years of creditable service. No retirement service credit is permitted for periods of leave without pay. The Application for Retirement must be received no less than 30 or more that 90 days prior to the effective date of retirement. It is the responsibility of the member to notify the TRS regarding intent to retire. Any member convicted of a felony offense related to their public position must forfeit their right to lifetime retirement benefits. A member of the TRS who is on leave of absence without pay is not entitled to any service credit while on such leave. A member receiving workmen’s compensation pay is also not entitled to any service credit for such pay. The employee will receive a refund of his or her retirement contributions. The Division of Human Resources, at employee request, is available to assist retiring employees with the completion of required Teacher Retirement System (TRS) paperwork, including notary services to ensure that retirement benefits are processed correctly and that insurance and payroll benefits are coordinated. Disability Retirement is available if the employee is vested and permanently incapacitated from performance of duty (must be vested with ten years of credible retirement service credit). The member must be in-service or currently working or on official leave of absence for one year, which may be extended for no more than one additional year. A member will not receive service credit for periods of leave without pay. The RSA Medical Board must determine the member to be permanently incapacitated from further performance of duty. The Medical Board bases its determination upon information provided by the member’s physician. Tier 1 Active Members If you were hired before January 1, 2013, you are classified as a TRS Tier 1 Member which is any member of the Retirement Systems who had service for which he or she received credit in the Employees' Retirement System or in the Teachers' Retirement System prior to January 1, 2013. Member contributions are based on percentages of earnable compensation, but earnable compensation cannot exceed 120% of base pay. Member compensation rates are determined by statute and subject to change by the Alabama Legislature. Vesting means the member has earned enough service credit to be eligible for a lifetime retirement benefit other than a refund of contributions. Members have a vested status in the TRS after accumulating 10 years of creditable service. Members cannot convert unused sick leave to retirement credit in order to meet the minimum 10 years of service required for vesting. Additional retirement service credit will be given by the Teachers Retirement System based on the number of Accumulated Sick Days the employee has at the time of retirement or at the time of termination from the system. It will benefit you to not use your Accumulated Sick Days unless absolutely necessary and save them for retirement. Upon attainment of age 60 with at least 10 years of creditable service or with at least 25 years of creditable service in the TRS, a member may apply for retirement benefits. The member may retire the first day of any month following attainment of age 60. The following table gives the current breakdown of how many months of service can be given for unused Accumulated Sick Days at the time of retirement. Accumulated Accumulated

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Sick Days Months of Service Sick Days Months of Service 0-7 0 218-232 15 8-22 1 233-247 16 23-37 2 248-262 17 38-52 3 263-277 18 53-67 4 278-292 19 68-82 5 293-307 20 83-97 6 308-322 21 98-112 7 323-337 22 113-127 8 338-352 23 128-142 9 353-367 24 143-157 10 368-382 25 158-172 11 383-397 26 173-187 12 398-412 27 188-202 13 413-427 28 203-217 14 428-442 29

A member’s retirement benefit is calculated based on a retirement formula. The factors used in calculating this benefit include:

1) Average Final Salary (Compensation: The average of the highest three years (July – June) out of the last ten years the member made contributions)

2) Years and Months of Creditable service: The total amount of creditable service to include membership service, prior service, purchased service, and transfer service.

3) Retirement Benefit Factor: The current benefit factor, as established by the state legislature is 2.0125%.

Retirement Formula for Maximum Monthly Benefit Average Final Salary x Years and Months of Service x Benefit Factor ÷ 12 = Maximum Monthly Benefit

The member also has four options to choose from that are a reduction from the Maximum Monthly Benefit.

Tier 2 Active Members If you were hired after January 1, 2013, and do not have prior service with the RSA, you are classified as a TRS Tier 2 Member, which is any member of the Retirement System who first began eligible employment with an Employees' Retirement System or a Teachers' Retirement System participating employer on or after January 1, 2013, and who had no eligible service in the Employees' Retirement System or the Teachers' Retirement System prior to January 1, 2013. Member contributions are based on percentages of earnable compensation, but earnable compensation cannot exceed 125% of base pay. Member compensation rates are determined by statute and subject to change by the Alabama Legislature. A member is eligible to receive retirement benefits when he or she has at least 10 years of service credit and has attained the age of 62. A member’s retirement benefit is calculated based on a retirement formula. The member must be age 62 or older to receive a retirement benefit. The retirement benefit cannot exceed 80% of the Average Final Salary. The factors used in calculating this benefit include:

1. Average Final Salary (Compensation): The average of the highest five years (July - June) out of the last 10 years the member made contributions. Partial years are included when calculating the average final salary if they benefit the member. The retirement benefit is capped at 80% of average final salary.

2. Years and Months of Creditable Service: The total amount of creditable service to include membership service, prior service, purchased service, and transfer service.

3. Retirement Benefit Factor: The current benefit factor, as established by the Alabama Legislature, is 1.65%.

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Retirement Formula for Maximum Monthly Benefit Average Final Salary x Years and Months of Service x Benefit Factor ÷ 12 = Maximum Monthly Benefit

The member has four options to choose from that are a reduction from the Maximum Monthly Benefit.

RESIGNATIONS Alabama law states that teachers may not resign, unless Board approved, during the school year and within thirty (30) days before the start of the new school term. If a teacher leaves employment during that time frame without the Board’s approval and if the state finds cause, there could be a loss of the individual’s teaching certificate. Any teacher who has need to resign during the contract period or within thirty (30) days before the start of the new school term will need to contact Human Resources to see if he/she will be released from his/her contract. All resignations in the school system must be submitted to the Board for approval. Since the Board’s regular meetings are normally once a month, a resignation list is only submitted monthly. After the Board approves the names submitted, a letter is sent notifying each individual that the Board has accepted his/her resignation. Process to Follow For Resignation or Retirement

1. Employees are asked to fill out a HR-610 and submit it in order to resign. If unable to download one or obtain one, they may write a Letter of Resignation to his/her immediate supervisor with a copy to the Assistant Superintendent of Human Resources, or he/she may complete the Resignation Form which may be obtained from the principal, supervisor, or the Division of Human Resources.

2. Human Resources submits resignations to the Board for approval. After the Board approves the resignation, Human Resources sends a letter notifying the individual that the resignation has been accepted.

3. Employee should meet with his/her immediate supervisor and complete the Employee Separation Checklist and sign and date the form before the last day worked.

4. A COBRA form is sent to the insurance office on each employee who resigns or who is deceased. COBRA forms are not required on employees who retire.

5. If employee will not return to state service and the employee is not vested (over ten years service in the Teachers Retirement System), he/she should request withdrawal of his/her retirement contributions.

ON-THE-JOB INJURY Reimbursement Program All full-time employees are covered by the system’s On-the-job injury Program, which reimburses the employee for time lost (up to 90 days) due to an approved on-the-job injury. Individuals working as substitutes are not covered under the program and must apply to the State Board of Adjustment in Montgomery for any reimbursement of medical expenses or lost wages. All medical expenses related to the injury are the responsibility of the employee and his/her insurance carrier. The school system does not pay for medical expenses for on-the-job injuries. As explained later, some out of pocket expenses may be reimbursed by the Alabama State Board of Adjustment. Any employee whose absence arises from an approved job related injury cannot be required to use earned Accumulated Sick Days, but may have his/her salary continued or reimbursed for up to 90 days of verified disability. However, before any reimbursement of pay can be authorized for an on-the-job injury, all documentation must be received by the Office Nurse in Health Services and approved by the Employee Relations Office. It is the responsibility of the employee to ensure that the required documents are provided to the Employee Relations office. Required documentation includes:

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1. The Accident Report filled out and signed by the principal or supervisor. 2. Medical documentation for all periods of disability resulting from the accident. If the disability goes

beyond the dates the doctor initially gave, then no pay will be authorized until medical documentation is received that verifies the continued disability.

3. Code 9 form from the school or department time keeper to show which days the employee is claiming to be absent due to the injury.

4. Any other documentation deemed necessary by Employee Relations to substantiate a continued inability of the employee to perform the functions of his/her job.

Report job related injuries to the supervisor immediately (within 24 hours of occurrence). The employee’s supervisor shall investigate the circumstances of the accident and question any witnesses and complete an accident report. The accident report and any investigative report will be forwarded to the Office Nurse in Health Services or the Employee Relations Office. Light duty assignments, as established by the department to which the employee is assigned, can be utilized with the approval of the employee’s supervisor. Alabama State Board of Adjustment Out of pocket expenses may be reimbursed from the State Board of Adjustment in Montgomery. Code of Ala. 1975, § 41-9-60 provides that an employee may apply to the State Board of Adjustment for any expenses not covered by insurance or any days of work missed exceeding the ninety days continuation of pay. The statute requires that a claim be filed within one year of the date of injury. No exceptions will be granted by the Board of Adjustment for this time requirement. The Board of Adjustment will require documentation of all expenses claimed and will also require proof that the employee did not receive reimbursement from his/her insurance carrier. It usually takes a while for the state to approve the claim, so the sooner all documents are filed with the Board of Adjustment, the quicker reimbursement will be forthcoming. Critical Points to Remember:

• All job related incidents must be reported to the immediate supervisor within twenty-four (24) hours of the incident.

• A completed Report of Injury/Accident form must be sent to Employee Relations and Health Services Nurse.

• The employee must use his/her own insurance for any medical expenses. The system does not pay for medical treatment of job-related injuries.

• If the employee requires medical attention for the job related injury, he/she must submit the Job-Related Injury Program Physician Statement form or physician’s statement of disability before reimbursement will be considered.

• The employee may be eligible for up to 90 days pay reimbursement or continuation. Proper documentation is required for the employee to receive pay reimbursement or continuation.

• The employee must be cleared by Employee Relations prior to returning to work. • Light duty may be a reasonable accommodation under ADA. Talk to your supervisor about the

availability of light duty. • The employee can submit a claim to the Board of Adjustments for any out-of-pocket expenses.

o A claim form is posted on the MCPSS web site (www.mcpss.com) in the Documents section of Human Resources under the Employee Relations header.

o Forward the claim form with supporting documents to: State Board of Adjustment Alabama State Capitol Montgomery, AL 36130-1435

PERFORMANCE EVALUATIONS Performance evaluations are not as stressful a process as a lot of employees think. Certified employees use the process as prescribed by the State Department of Education. Also, the system may use a yearly summative evaluation.

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Classified employees are evaluated once a year with a possible midterm counseling session. The evaluations can be more often if the principal/supervisor or superintendent directs. Final evaluation will be done on a form that will be submitted to Human Resources to be placed in the employees personnel file. Any areas that are scored with “NEEDS IMPROVEMENT” or “UNSATISFACTORY” will be discussed with the employee and recommendations for improvement will be made. A midyear counseling session should be conducted to see if improvement is being made in these areas. Any direct supervisor may provide input to the evaluation. If expectations are clear and feedback is given throughout the year, the annual performance evaluations should not be stressful. The following may help to effectively implement the evaluation process. Ask your supervisor for clear, objective expectations for the job. This will determine what behaviors or outcomes the supervisor expects, thus affecting your decisions on where to expend your greatest efforts. The place to start when setting out objectives is the job description, which gives a general idea of what is expected. To make sure that everyone concerned can tell whether expectations have been met, performance standards should:

1. Be precise yet brief; 2. Be in writing; 3. Be realistic; 4. Help meet system objectives; 5. Be mutually agreed on; and 6. Be re-evaluated regularly.

If there is any confusion concerning your job duties, ask your supervisor to explain what you do not understand as the performance of these duties will be how you are evaluated. You will be more likely to perform satisfactorily and accept criticism if you fully comprehend what is expected of you. Expect constant feedback on whether you are meeting the expectations. If the supervisor is following the evaluation process, there is nothing that would be in the employee's annual review that should be a surprise. Feedback is critical, both positive and negative, and it should be ongoing throughout the year. This approach helps you focus on tasks and behaviors that the supervisor finds worthwhile. Employee’s Responsibility in Performance Evaluations

1. Employees should expect the overall evaluation to be based on the typical performance of the employee during the entire period.

2. Employees should expect their evaluations to be based on accurate data obtained from records whenever possible or from careful observation when this is not possible.

3. Employees should expect that the evaluation of one factor should not influence the evaluation of other factors, unless they are interrelated.

4. Employees should expect that their grade of job or length of service should not affect the evaluation; however, the length of the employee’s service can affect areas such as ‘job knowledge’ and ‘expertise’.

5. Employees should expect that personal feelings should not bias the observations or evaluation. 6. Employees should expect that they are not to be rated sympathetically. 7. Employees should expect that the evaluator will not be swayed by a previous evaluation. 8. Employees should expect that the evaluation of performance factors should not fall into a routine

pattern, such as always rating as ‘highly effective’ a. The supervisor should take a realistic look at actual job performance.

9. Employees should expect that evaluators should not make an evaluation on vague impressions or rumor.

10. Employees should expect that they will not be evaluated too quickly. 11. Employees should expect to be asked to sign their evaluation.

a. Their signature on the evaluation does not signify agreement with the contents, only that the employee has been given the opportunity to review the evaluation.

b. The employee may submit a rebuttal to the evaluation and have it placed in his/her personnel file along with the evaluation.

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DISCRIMINATION The Board and its employees or agents shall not discriminate in any way on the basis of race, sex, religion, national origin, age, or handicap. There are no exceptions. Employment decisions which are based substantially or solely on any of these protected factors are against the law and will not be tolerated. Any employee should bring to the administration’s attention any incidence of what he/she believes to be any form of discrimination. If discrimination is observed or believed to have occurred, the employee should immediately report the circumstances of the alleged incident to any one of the following supervisors or administrators:

• Principal or immediate supervisor; • Departmental supervisor; • Personnel Administrator Employee Relations or; • Other administrator within Human Resources.

An investigation of the allegations will be conducted by a designee of the Assistant Superintendent of Human Resources/Executive Manager and forwarded to the Assistant Superintendent of Human Resources/Executive Manager for further action. Employees against whom charges are made shall have full opportunity to understand the charges made against them and to present pertinent facts bearing on the charges before official action is taken. Persons making serious charges shall be required, before any action is taken, to submit complaints in writing or to sign prepared statements summarizing the charges. Federal equal employment laws require equal treatment for all employees regardless of their protected status. Providing more favorable treatment to members of protected groups is just as discriminatory as providing harsher treatment. The law also prohibits discrimination in any aspect of employment, including discipline and discharge. It is not illegal to discipline or fire an employee who is a member of a protected group. It is only illegal when the motive is based on one of the protected factors. Employee's Role: Discrimination Employees should be constantly vigilant in regard to any form of discrimination, sexual harassment or the creating of a hostile workplace. Discrimination and sexual harassment violates the system's policy. Employees are responsible not only for avoiding discriminating and harassing behavior themselves, but also for reacting to it when they see it or hear of it in the workplace. The system takes all complaints of discrimination and sexual harassment seriously. If an employee sees behavior that could be discrimination or harassment, a supervisor should be advised of the situation. Once an allegation of discrimination or harassment is raised, the system has an obligation to investigate the allegation. If the investigation reveals that discrimination or sexual harassment did take place, the severity of the discipline will depend on the nature of the conduct and the harasser's previous record. Verbal counseling may be appropriate for first-time occurrences of relatively mild discriminatory remarks, actions or harassment. Written warnings, suspensions, transfers, and termination may be appropriate in more severe or pervasive situations. Along with our stated goal of not discriminating against any employee, the school system will also maintain diversity in employment. This means that no employment decision will be made based solely or predominately on race, sex, color or one of the other protected statuses. However, if there are similarly qualified individuals applying for a position, then the system may consider diversity as a factor in the employment decision. Sexual Harassment Sexual harassment is a disturbing form of sex discrimination and is prohibited as are any other form of racial or age discrimination. District guidelines are designed to support nondiscrimination and comply with all state and federal laws.

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Employees should refrain from creating an unduly familiar relationship with any supervisor or subordinate. Also, employees should never ask subordinates or supervisors on a date, to dinner, to a movie or to any other function. The following are just some examples of prohibited behavior (can be actual or attempted), it is not all inclusive. Common sense must be used; keep your hands to yourself and keep your thoughts to yourself.

• Touching. • Patting. • Pinching. • Providing unsolicited back or neck rubs. • “Accidentally” bumping. • Grabbing. • Cornering or blocking a passageway. • Kissing. • Telling “off-color” jokes. • Using profanity and obscene gestures. • Expressing threats. • Making sexual comments. • Whistling in a sexual manner. • Asking about one’s sexual fantasies/preferences. • Describing one’s physical sexual attributes or appearance. • Using terms of endearment such as “Honey”, “Darling”, “Babe”, “Dear”, “Stud”, or “Hunk” when

referring to co-workers, employees or students. • Staring at someone. • Blowing kisses. • Winking. • Licking one’s lips in a suggestive manner. • Displaying sexually oriented pictures or cartoons in a classroom, lab, or office. • Using sexually oriented screen savers on classroom, lab, or office computers. • Sexually oriented notes, letters, faxes, or email. • Exposing yourself.

It is everyone's responsibility to treat all coworkers with respect and to help prevent discrimination, including sexual harassment. If you see it, report it. Critical Points to Remember: The following is a partial list of good practices for any employee to follow.

1. Treat everyone the same. 2. Keep your hands to yourself, no kissing, hugging or touching. 3. Keep your private thoughts about other people to yourself. 4. Do not hassle, criticize, cuss or yell at anyone. 5. Do not tell jokes or stories that are sexual, racial, religious, ethic, age or disability related. 6. Do not make sexually related innuendos. 7. Keep conversations on a professional level.

SYSTEM RULES: The school system has identified a partial list of general rules of conduct which, if violated, will bring disciplinary action against the employee. This is by no means a comprehensive list, only a sample of behavior or performance that is unacceptable. The actions listed below will result in disciplinary action ranging from verbal or written warnings to suspension or to immediate discharge depending on the circumstances.

1. Excessive absences or tardiness. 2. Insubordination. 3. Failure to follow established work procedure.

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4. Using inappropriate, abusive or threatening language. 5. Discrimination or harassment (sexual or otherwise). 6. Criminal offense on system property or conviction of crimes involving immorality. 7. Absence without notification. Any employee who has been absent from work for more than ten (10)

consecutive days and who has not obtained an approved leave or otherwise accounted for the absences will be considered to have abandoned his/her job. The employee will be recommended for termination.

8. Restricting work or interfering with the work of other employees. 9. Unauthorized possession of system property. 10. Failing to return from leave of absence as scheduled. 11. Loafing, loitering, or sleeping on the job. 12. Conducting personal business on system time. 13. Gambling on system premises. 14. Using or being under the influence of intoxicants or narcotics on system premises or while performing

your duties off system property. 15. Fighting, assault, disorderly, offensive, or immoral conduct. 16. Falsifying any system records or employment application. 17. Possessing firearms, weapons, explosives, etc., on system premises. 18. Violating safety regulations. 19. Horseplay or use of machinery, equipment, or tools in a hazardous manner. 20. Creating or contributing to any unsanitary condition. 21. Damage to or improper use of system property either willfully or through negligence. 22. Intentional waste of system property. 23. Unauthorized solicitations or distributions during working time. 24. Disclosure of confidential system information to outsiders without proper authorization. 25. Leaving system premises during working hours without permission (other than the lunch period if job

duties allow). 26. Other good and just cause.

Smoking / Tobacco Products Smoking and the use of tobacco product is prohibited on school system grounds, as they are tobacco free by Board policy. This also includes electronic tobacco-less substitutes such as “e-cigs”. Should job responsibilities, job location, and the supervisor allow an employee to leave the premises during a lunch or break period for a smoke or tobacco product break, then the employee must limit the absence from work to the 30 minute lunch period and/or the 15 minute break time. There will only be two breaks a day allowed; they cannot be broken down into shorter time periods to allow more than two breaks a day. Substance Abuse / Alcohol Use The system has a zero tolerance for substance abuse and alcohol use on the job. This is an offense that requires recommendation for termination without progressive discipline. Supervisors are trained in recognizing potential impairment from drugs or alcohol. With reasonable suspicion of impairment, the supervisor may refer an employee to a testing facility. The Americans with Disabilities Act (ADA) prohibits employers from discharging employees solely because the employee may have been an alcoholic. However, there is no protection for practicing alcoholics and drug abusers. If you are caught at work under the influence of alcohol or drugs, you may expect to be recommended for termination. Because alcoholism is viewed as a disability, employers are required to reasonably accommodate such a disability as long as the employee is not abusing alcohol. If the employee comes forward and seeks treatment for alcoholism, the system will provide one chance for the employee to overcome a drinking problem. If there is a reoccurrence, the employee may be deemed to be a practicing alcoholic and lose the protection of the ADA. Although the system offers assistance to employees who abuse drugs, they will be terminated based on the zero tolerance policy. Both federal and state courts have ruled that current drug addiction is not a disability protected by law, as is the case with alcoholism.

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Theft Unethical behavior such as theft will not be tolerated. An employee who steals must expect severe punishment up to and including termination. Every adult knows stealing is wrong, and the expectation is that those who are caught will be terminated. Falsified Documents Lying on the system’s job application is grounds for termination. Once the falsehood is discovered, termination should follow. Falsification also includes time card fraud. This will also include other employees who cover for absent employees, such as fraudulently punching or filling out a card for someone else. Insubordination Insubordination is among the most serious employee infractions, subject to severe discipline, up to and including termination. Lesser penalties may be given depending on the situation, the employee's past record, past working relationship with the supervisor, and his/her value to the system. Insubordination can take many forms. Much depends on the personalities involved, whether the incident occurred in private or in front of other employees or the public, and the intent. Insubordination damages the efficient management of the system, lowers morale, and undermines the supervisor’s authority. Although insubordination is often defined as a refusal to obey a supervisor's orders, there are other employee actions that may fall under insubordination:

• Refusal or failure to obey orders or perform a job assignment given by a supervisor or any authorized representative;

• Disrespect, publicly displayed on system premises, toward a supervisor or the system; • Threatening, intimidating, or coercing a supervisor; • Abusive language to any supervisor; • Openly making or publishing false, vicious, or malicious statements concerning supervisors; • Countermanding the order of a supervisor.

However, there are legitimate reasons for refusing to follow a supervisor's order. Generally, orders such as these need not be followed:

• Orders that endanger the health, welfare, or safety of the employee or any other person; • Orders requiring the performance of an illegal, improper, or immoral act; • Orders that require action that is beyond the employee's capability; • Orders in the nature of unlawful harassment; for example, orders accompanied by a racial,

religious, or sexist slur. Fighting / Assault Assault and fighting is behavior that will bypass the progressive disciplinary procedure and proceed directly to a recommendation of termination. A thorough investigation of the facts of the incident will be done to determine who is at fault and who began the aggression. The facts will determine if either will be subject to termination. Sub-standard Performance Poor performance can lead to discharge. If you have been advised you are not performing as expected you should consider taking the following actions:

1. Meet with the supervisor so that he/she can give you guidance on where you are not meeting expectations;

2. Provide the supervisor with a plan to improve your performance; 3. Request remedial instruction if necessary; 4. Periodically ask the supervisor how you are doing.

The system cannot afford to hire or retain individuals who cannot or will not perform in the manner expected for the position. Supervisors should constantly evaluate the job that their employees are doing and be prepared to address disciplinary action with anyone who has substandard performance. As progressive discipline is followed in correcting poor performance, the employee will have a chance to improve his/her quality of work and retain his/her position. Otherwise, termination will eventually result from poor performance.

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Excessive Absences Be sure you understand the attendance policy at your school or department. Excessive absences create severe problems for the system. Because of the staffing of the schools and other departments, when one person is out, it usually means that the work is not done or that other employees have to stop what they are doing to catch up on your work. Repeated unpaid absences of two days or more per month can be suspect for employee abuse. That means the employee is not at work one day almost every week. Repeated absences on Mondays, Fridays, or the days immediately before or after holidays, are also suspect. Excessive absences are a matter for corrective discipline. The employee will be given a chance to improve attendance, but if the behavior continues, it will lead to termination. In extreme circumstances, the employee may be recommended for termination prior to the progressive discipline process. Tardiness Employees are expected to be present and prompt for their work day. Make a point of talking to your supervisor if you know you may be late. When appropriate, you will be docked when late or absent without a valid excuse. The system does not permit attendance problems to continue without further corrective measures. Eventually, poor attendance could result in termination. As with excessive absences, tardiness is a matter for progressive discipline. The employee will be given a chance to improve attendance, but if he/she is unable or unwilling to report to work on time, termination will eventually follow. GRIEVANCES Any employee who feels that he/she has been treated in an unprofessional manner or adversely affected by a violation of a policy may file a grievance with his/her immediate supervisor. A careful investigation shall be made by the supervisor to see if it is valid and if there is a way to resolve the situation. Formal grievances have two basic criteria that must be met before they can proceed under the grievance policy:

1. An action must be taken that affects the employee. 2. That action must have a substantial adverse affect on the employee’s working conditions or

employment rights. An action is defined as:

1. Violation, misinterpretation, or misapplication of existing board policy, administrative rule, or administrative procedure.

2. Unprofessional conduct directed towards the grievant or impugning his/her good name or professional reputation.

3. A change in a recognized administrative practice which has been consistently followed for at least one calendar year which imposes a hardship on the grievant.

Grievances will not include matters dealing with:

1. Promotions or voluntary transfers (unless a board policy or procedure has been violated or misinterpreted)

2. Involuntary transfers or matters covered under the applicable state law. 3. Alleged violations of state or federal law or existing court orders.

Before taking grievances to a higher level, employees shall be encouraged to discuss them with their immediate supervisors. Employees should exhaust all means of remedying their grievances prior to contacting the Board. The Board has no obligation and, furthermore, believes it unwise to study and analyze problems of aggrieved persons until they have been first brought to the attention of administrators and the Superintendent. This is based on the assumption that administrators at all levels will be patient, careful, and understanding in consideration of problems, complaints, and grievances experienced by employees working under their supervision. The Board’s intent is that its employees have fair, just, and humane treatment. It also desires faithful and efficient service and a demonstrated spirit of teamwork on the part of all its employees.

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Because personalities and "chemistries" between people differ, supervisors’ interactions with each of their employees are bound to be different. Do not become upset should a supervisor seem to act friendlier to another employee. What is required is that every supervisor should treat every employee in the same job classification essentially the same way. Normally, what is done for one should be done for all, as long as they have the same or similar circumstances. However, different circumstances will normally dictate different responses by the supervisor. An example of this is that just because one employee was allowed to leave early, it does not mean that you should be allowed to leave early. Your circumstances may be different, the other employee may have had a sick child and you may have an appointment to have your hair cut. A formal grievance must be filed by the employee within 30 work days of the alleged incident or, if the behavior has been ongoing, within 30 work days from the last occurrence. The policy requires that the grievance be filed with the immediate supervisor, but there are instances when it is appropriate to file a grievance at the supervisory level that can grant the proposed resolution. Employees unfamiliar with the grievance process may contact the Employee Relations office to request guidance and a flow chart illustrating the various steps involved in the grievance procedure and what actions must be taken and by whom in order to properly pursue the grievance process. TITLE IX GRIEVANCE PROCEDURE Any employee, individual or student who feels that, on the basis of sex, there was exclusion from participation in, or denial of benefits, or discrimination under any education program or activity receiving Federal financial assistance may file a grievance with the Title IX coordinator. The grievance procedures are located on the system website (www.mcpss.com) under Policies and Procedures. DISCIPLINARY ISSUES It is our desire that all employees of MCPSS are treated consistently and fairly should disciplinary action be considered. As such, our objective is to create a workable disciplinary procedure for all employees. This in turn will allow all employees to have an expectation of the results of their actions. This should help create an atmosphere of trust in supporting our educational mission. The School Board needs the highest quality employees who are willing to devote themselves to the education and welfare of the students. The Board is committed to attract and retain employees who are capable, interested, and motivated to accomplish the desired goals of the school system. The Board does not believe that it should employ or retain employees who feel they are forced or pressured to do acceptable work, or who are incapable of satisfactory job performance. It is with these goals in mind that this disciplinary process is utilized. Progressive Discipline In general, MCPSS uses a system of progressive discipline, which provides a tool to help insure consistent and fair treatment of employees who exhibit behavior or performance problems. In general, it works because the employee gets warned and a chance to change the offending behavior or performance. The progressive discipline program may consist of:

1. Verbal warning(s); 2. Written warning(s); 3. Final warning; 4. Suspension; 5. Termination.

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This provides several chances for the employee to improve the behavior or performance. However, the degree of seriousness of the infraction will determine where in the process the employee will fall. Serious misconduct will get no warnings. In practice, tardiness, absenteeism, or inadequate performance would be the subject of progressive discipline, while incidents of violence, theft, or vandalism would warrant immediate termination. Poor performance is handled with progressive discipline. A failing employee should be given a chance to improve by being provided with training and instruction to help improve performance. An employee doing poor work will be dealt with fairly, but firmly. The employee’s performance will be documented to show improvement or failure to improve under progressive discipline. If the employee doesn't make the changes necessary to improve performance, a termination recommendation will follow. The following sections discuss the progressive discipline process in more detail, starting with the initial warning, which is usually verbal, and may involve a counseling session with the employee's supervisor or manager. Documentation Documentation of disciplinary actions by supervisors and managers is a necessary part of your employment with MCPSS. Written documentation can also decrease the chances that the supervisor's communications will be misunderstood. All employees have the right to see every adverse document placed in their personnel file. A warning notice will not just be placed in the employee's file without giving the employee a chance to see it and respond to it. A last chance warning should always be in writing and dated, and the employee should receive a copy of the written warning. Consistency of Disciplinary Actions Consistency in the enforcement of rules means that a given policy should always be enforced, but it does not mean that the policy should always be administered in the same way. Our policies are not so rigid that we are unable to consider the circumstances. Consideration may be given as to whether the infraction was intentional or whether the employee has been a valued worker or a marginal performer. Penalties for minor infractions should depend on the employee's prior disciplinary record, length of service, work performance, and attitude. This policy incorporates the two fundamentals of a progressive disciplinary system: the predictability of the discipline and the discretion to vary the penalty in light of circumstances. Initial Warning / Counseling A supervisor will meet with an employee to discuss problem performance or behavior and issues a verbal warning that the behavior must not continue. Most performance or behavioral issues are cleared up through such counseling. Avoid arguing with the supervisor about any excuses for failing to meet system standards, especially if you want to point out that another employee is doing the same thing. You are responsible for your actions and the other employee is responsible for his/her actions. Do not spend your emotional energy worrying about what other people are doing; you need to only worry about what you are doing. Their actions will catch up with them just as yours have caught up with you. The best approach is to listen to the criticism, then simply state the facts surrounding the incident and acknowledge that the rule in question will be followed in the future. If you are having legitimate personal problems that are interfering with the job, you can request an appointment with Employee Relations for referral to outside sources of help. The number of verbal warnings will vary depending on the severity of the infraction or poor performance. For minor infractions several verbal warnings may be warranted before a written warning. For more severe infractions, no verbal warning may be necessary before a written warning is issued. Written Warning The next step is a written warning. If the supervisor determines that verbal warnings have not resulted in improved performance, a written memo to the employee will be issued. The written warning is solid documentation and should it be necessary, it will be the basis for further disciplinary action.

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The number of written warnings will vary depending on the severity of the infraction or poor performance. For minor infractions numerous written warnings may be warranted before a final written warning. For more severe infractions, one to two written warnings may be necessary before a final warning is issued. Plan for Improvement At the time of the written warning, the employee needs to work with the supervisor in developing a plan of improvement where a set time frame is given for demonstrated performance improvement. It is important that deadlines be built into the plan, because it gives the employee a goal to work towards. If successful, the progression of disciplinary steps will come to a stop. If not, the next step in progressive discipline would normally be implemented when the deadline arrives. Final Warning The next step is a final warning. If an employee has not corrected either the poor performance or offending behavior after the written warnings, a final written warning will be issued. This is the last documentation before referral for suspension or termination. Suspension When warnings fail to result in improvement, the next disciplinary action is often suspension without pay. This will usually be the employee's last opportunity to improve before termination proceedings. Suspension is also used without any preceding verbal and written warning when a major infraction has occurred. It is usually the appropriate response if the seriousness of the wrongdoing is extreme. Suspension from work should be sufficient warning that the school system is serious about its performance standards. Each case is considered individually to determine whether a suspension would serve its purpose. Some employees might regard mandatory time off as a form of unpaid vacation, but it is simply the final step before termination. Termination When all efforts fail, termination will result. When no course of action will convince the worker to improve, discharge is the final step. Because of the cost of hiring and training an employee, MCPSS tries to avoid termination when possible. It is reserved for only grave offenses or for continued willful violations of system rules. Termination should not be the result for minor or easily correctable offenses. PROGRESSIVE DISCIPLINE PROCESS The following process may be followed in disciplinary actions for all employees. This applies to tenured and non-tenured teachers and probationary and non-probationary support personnel.

1) Verbal warning: a. For minor infractions, there may be multiple verbal warnings. b. For serious infractions, there may be possibly only one verbal warning. c. For major infractions, there may be no verbal warning; it may be an immediate written warning

and/or referral to Human Resources for review for a possible conference. d. For willful misconduct, there may be no verbal warning or written warning, there should be an

immediate referral to Human Resources for review for suspension or termination.

2) Written warning: a. For minor infractions, there may be several written warnings. b. For serious infractions, there may be possibly only one written warning and/or referral to

Human Resources for review for a possible conference. c. For major infractions, there may be a referral to Human Resources for review for a written

warning or a final written warning. d. For willful misconduct, there will be no written warning; there should be an immediate referral

to Human Resources for review for suspension or termination.

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3) Final warning: a. For minor, serious and major infractions, there will be a referral to Human Resources for

review for a written final warning and possible conference. b. For willful misconduct, there should be an immediate referral to Human Resources for review

for suspension or termination.

4) Suspension: a. For minor, serious, major or willful infractions there is a referral to Human Resources for

review for suspension or termination. 1. Suspensions are for a period of time that is:

a. Up to twenty (20) days b. Greater than twenty (20) days.

5) Termination:

a. In all instances where there is a recommendation for termination, there is a referral to Human Resources for review for possible termination.

DEFINITIONS The following definitions are to be considered only as a guide. Depending on the severity of the action, infractions may move from one classification to another. As an example, the abusive language violation of an employee, which is listed under Minor Infractions, may be so severe that it should be treated as a Major Infraction. Violations may also move from the more severe to less severe. As an example, the physical abuse infraction listed under Willful Misconduct may be so insignificant that it should be treated as a Minor Infraction. Minor infraction:

1. Failure to perform satisfactory work 2. Failure to follow established work procedures 3. Disruption of the school/work environment 4. Tardiness 5. Infrequent absenteeism without valid excuse 6. Abusive or foul language 7. Offensive conduct 8. Loafing, loitering or sleeping on the job 9. Conducting personal business on system time 10. Unauthorized solicitation or distribution during working hours 11. Gambling on system property or on system time 12. Failure to follow system guidelines and procedures 13. Violation of the Dress Code policy 14. Insubordination of a minor nature 15. Any other conduct of which the magnitude or consequences are considered a minor violation of

conduct expected by the system Serious infraction:

1. Failure to follow directives of supervisor 2. Excessive tardiness 3. Excessive absenteeism 4. Repeated disruption of the school/work environment 5. Restricting work or interfering with the work of other employees 6. Intentional waste of system resources 7. Unauthorized possession of system property 8. Violating safety procedures or regulations posing no threat of injury or damage to property 9. Creating or contributing to an unsanitary condition 10. Insubordination which rises to the level of a serious infraction or is infrequently repeated 11. Repeated violation of minor infractions 12. Any other conduct of which the magnitude or consequences are considered a serious violation of

conduct expected by the system

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Major infraction: 1. Disorderly conduct 2. Immoral conduct on system time 3. Verbal abuse of children 4. Absence without notification for three or more consecutive days 5. Failure to return from leave of absence as released by the provider 6. Failure to follow directives of supervisor, thereby endangering students or employees 7. Improper use of system property or damage to equipment 8. Disclosure of confidential system information without authorization 9. Intentionally or knowingly misrepresenting facts to a supervisor or other school official in the conduct of

system business 10. Possessing firearms, weapons, explosives, etc., on system property 11. Violating safety procedures or regulations posing a minor threat of injury or damage to property 12. Horseplay or use of machinery, tools or equipment in a hazardous manner 13. Damage to system property through negligence 14. Any attempt to encourage or coerce a child to withhold information from the child’s parents 15. Insubordination which rises to the level of a major infraction or is frequently repeated 16. Repeated violations of minor or serious infractions 17. Any other conduct of which the magnitude or consequences are considered a major violation of

conduct expected by the system Willful Misconduct:

1. Violations of minor, serious or major infractions which have been repeated beyond the Final Warning step in progressive discipline

2. Discrimination or Sexual harassment 3. Physical abuse of visitors, employees, parents or children 4. Violation of the drug/alcohol policy (zero tolerance) 5. Willfully bringing firearms, weapons, explosives, etc., on system property 6. Failure to maintain the appropriate credentials or certification required for the position 7. Starting an altercation or fight 8. Failure to follow directives of supervisor, resulting in injury to students or employees 9. Criminal offense on system property 10. Conviction of any felony or crimes involving moral turpitude 11. Falsification of system records or employment application 12. Violating safety procedures or regulations posing substantial threat of injury or damage to property 13. Damage to system property through a willful decision or choice 14. Abandonment of job (failure to report to work without authorization) 15. Theft, illegally selling or conversion of system property 16. Insubordination which rises to the level of willful misconduct or is repeated beyond the final warning

step in progressive discipline 17. Repeated violations of minor, serious or major infractions 18. Any other conduct which does not meet the accepted standards of conduct of which the magnitude or

consequences warrant discharge (other good and just cause) STUDENTS FIRST ACT All school system personnel are deemed to be either “certified” or “classified” employees and are generally defined as to whether they are directly involved in teaching children or support the general operations of the system. The certified employees are teachers or those individuals who occupy jobs that require state teacher certification. These are usually individuals such as teachers, principals, and administrators who deal directly within the educational context of the system. The classified employees are those individuals who provide support to the educational endeavor of the system and who occupy jobs that do not require state teacher certification. These employees are not involved in

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teaching or school administration and hold jobs such as cafeteria workers, bus drivers, maintenance personnel, clerks, and other jobs that do not require a teaching certification. Certified Employees Certified employees, except for contract principals, are either tenured or non-tenured. Educators obtain tenure when they work as a teacher for three complete, consecutive years of full-time employment unless the governing board approves and issues written notice of termination to the teacher on or before the last day of the third complete, consecutive year of employment. A complete year is deemed to include employment only begun prior to October 1. A non-tenured employee may be terminated at any time during the first three years of employment. The employee will not be given a reason for the termination. A tenured employee may be terminated only for good and just cause. A proposed termination gives the employee a right to a hearing before the Board in order to determine if the system may terminate or transfer the tenured employee. Classified Employees Classified employees are either non-probationary or probationary. Classified employees obtain non-probationary status when they have worked for three complete, consecutive years of full-time employment unless the governing board approves and issues written notice of termination to the employee on or before the fifteenth day of June immediately following the third complete, consecutive year of employment. A complete year is deemed to include employment only begun prior to October 1. A probationary support employee may be terminated at any time during the first three years of employment. The employee will not be given a reason for the termination. A non-probationary employee may be terminated only for good and just cause. A proposed termination gives the employee a right to a hearing before the Board in order to determine if the system may terminate the non-probationary employee. GOOD AND JUST CAUSE REASONS FOR TERMINATION Supervisors have the responsibility to recommend removal from employment any person that cannot do his/her job. It reduces the efficiency of our operations and creates low morale and low performance for other employees if certain people are allowed to get away with not doing their job properly. The following causes for cancellation of the contract for a certified or classified employee are contained in the Students First Act.

1. Incompetency. 2. Insubordination. 3. Neglect of duty. 4. Immorality. 5. Failure to perform duties in a satisfactory manner. 6. Justifiable decrease in the number of positions. 7. Other good and just cause.

The following prohibitions for termination for a certified or classified employee are contained in the Students First Act.

1. Actions may not be taken for political reasons. 2. Actions may not be taken for personal reasons.

The following list gives some other reasons that may be good and just cause for terminating an employee. This is not a comprehensive list as there are other good and just causes for termination that are not listed.

1. Repeated and continued neglect or incompetence in the performance of duties. 2. Excessive absences or tardiness. 3. Repeated failure to comply with official directives or established Board policy. 4. Repeated failure to correct deficiencies pointed out in written formal evaluations or communications.

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5. Dishonorable conduct during the school day towards students, employees, parents or the general public, including extreme disrespect, rudeness and the use of abusive and/or foul language.

6. Conviction of any felony or other crime involving moral turpitude. 7. Conducting personal business during school hours when it results in neglect of duties. 8. Repeated failure to follow established campus rules and guidelines approved by the

principal/supervisor and the campus-level planning and decision-making committee. 9. Sexual harassment of employees, students, parents, or volunteers. 10. Removing school system property, records, or confidential information from school premises without

proper authority. 11. Failure to maintain the appropriate credentials or certification required for the position to which the

employee is assigned. 12. Possessing firearms, weapons, explosives, etc., on system property 13. Physical or verbal assault of any employee, volunteer or Board member of the school system, a

student, a parent/legal guardian of a student or the general public during the work day or as a result of the employee’s employment with the school system.

14. Consuming, possessing, or delivering to another during the school day, or while attending a school-sponsored student function, either of the following; An alcoholic beverage or a controlled substance except in compliance with a written prescription for medication for that person issued by a licensed doctor of medicine or dentistry.

15. Being under the influence of an alcoholic beverage or a controlled substance during the school day while on duty or while attending a school-sponsored student function except in compliance with a written prescription for medication issued by a licensed doctor of medicine or dentistry.

16. Intoxication by alcohol or impairment by drugs. 17. Falsification of records or other documents related to the school system’s activities. 18. Intentionally or knowingly misrepresenting facts to a supervisor or other school system official in the

conduct of school system business. 19. Any attempt to encourage or coerce a child to withhold information from the child’s parent. 20. Failure to report to work or abandonment of one’s job. Any employee who has been absent from work

for more than ten (10) consecutive days and who has not obtained an approved leave or otherwise accounted for the absences may be considered to have abandoned his/her job. The employee may be recommended for termination.

21. Failure to report to duty after all school system leave has been exhausted. 22. Reduction in force as a result of a budgetary shortfall or financial emergency. 23. Disability, not otherwise protected by law, which impairs performance, even with reasonable

accommodation, of the essential functions of the job. 24. Reasons specified in individual employment contracts reflecting special conditions of employment. 25. Any other conduct which fails to meet the accepted standards of conduct for the school system, which

the magnitude or consequences warrant discharge.

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SHOULD YOU HAVE ANY QUESTIONS ABOUT THE INFORMATION CONTAINED IN THIS HANDBOOK, DO NOT HESITATE TO CALL HUMAN

RESOURCES FOR CLARIFICATION.

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HUMAN RESOURCES GUIDE

FOR PRINCIPALS

Division of Human Resources

2016-2017

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TABLE OF CONTENTS MISSION STATEMENT ................................................................................................................... 5

GOALS OF THE DIVISION OF HUMAN RESOURCES .................................................................. 5

BOARD POLICIES AND PROCEDURES ........................................................................................ 5

ALABAMA EDUCATOR CODE OF ETHICS ................................................................................... 6

WELCOME TO LOCAL SCHOOL ADMINISTRATION ................................................................... 9

LEADERSHIP ................................................................................................................................ 10

HUMAN RESOURCES STAFF ...................................................................................................... 11

HUMAN RESOURCES TIMELINE ................................................................................................. 13

EMPLOYEE DRESS CODE ........................................................................................................... 15

WORK SCHEDULE FOR EMPLOYEES ........................................................................................ 15

OVERTIME .................................................................................................................................... 16

ANNUAL ALLOCATION OF INSTRUCTIONAL STAFF................................................................ 18

CERTIFIED ALLOCATION BASED ON ADM ............................................................................... 20

ALLOCATION PROCESS FOR INSTRUCTIONAL STAFF FLOW CHART .................................. 21

CLASSIFIED ALLOCATION (SCHOOL BASED) ......................................................................... 22

APPLICANTS ................................................................................................................................ 23

GENERAL INFORMATION ABOUT HIRING PROCESS .............................................................. 23

TENURE/NON-PROBATIONARY STATUS .................................................................................. 24

NON-RENEWAL/TERMINATION OF NON-TENURED/PROBATIONARY PERSONNEL ............. 25

TRANSFERS ................................................................................................................................. 26

REDUCTION IN FORCE ............................................................................................................... 27

PERFORMANCE EVALUATION ................................................................................................... 27

EMPLOYEE ABSENCE REPORTING SYSTEM (EARS SUBFINDER SYSTEM) ........................ 28

SUBSTITUTES .............................................................................................................................. 29

PERSONNEL FILES...................................................................................................................... 30

SUPPLEMENTS ............................................................................................................................ 31

CHANGE OF NAME/ADDRESS .................................................................................................... 31

STUDENT TEACHER/OBSERVATION STUDENT ....................................................................... 32

DRUG, ALCOHOL, AND SMOKE FREE WORK PLACE .............................................................. 32

COMPUTER USAGE AND SOCIAL MEDIA ................................................................................. 33

EMPLOYEE RELATIONS.............................................................................................................. 33

GRIEVEANCE ............................................................................................................................... 33

EMPLOYEE ASSISTANCE PROGRAM ........................................................................................ 33

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SICK LEAVE BANK ...................................................................................................................... 34

LEAVES OF ABSENCE ................................................................................................................ 34

ACCUMULATED SICK DAYS ....................................................................................................... 35

BOARD POLICY REGARDING PROFESSIONAL LEAVE FOR PROFESSIONAL STUDY ......... 35

BOARD POLICY REGARDING MILITARY LEAVE… ................................................................... 35

ON THE JOB INJURY ................................................................................................................... 35

RESIGNATION/RETIREMENT ...................................................................................................... 36

DISCRIMINATION ......................................................................................................................... 36

PRINCIPAL’S ROLE IN ENFORCING POLICIES AGAINST HARASSMENT ............................... 37

PROGRESSIVE DISCIPLINE ........................................................................................................ 37

PROGRESSIVE DISCIPLINE – DISCIPLINARY ACTION PROCESS........................................... 40

PROGRESSIVE DISCIPLINE – DEFINITIONS .............................................................................. 41

APPENDIX .................................................................................................................................... 43

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DIVISION OF HUMAN RESOURCES The Human Resources staff provides services to applicants, employees, and administrators in the following areas: New Hire Requirements, Certified & Classified Employees, Substitutes, Employee Relations, Policy & Procedures, Performance Planning & Review, Time & Attendance, and Retirement. MISSION STATEMENT To support the accomplishments of the School System’s objectives by assisting executives, administrators, principals, and all other decision makers in acquiring the necessary talent for their schools, divisions, and departments and advising managers in interpreting Board policy, developing employees’ potential and maintaining a safe workplace that is free of any form of harassment or discrimination. GOALS OF THE DIVISION OF HUMAN RESOURCES

1. To select the person with the highest potential for success. 2. To treat each person with dignity and worth. 3. To provide each employee with support and assistance. 4. To abide by and consistently administer board policy and procedure; state and federal law. 5. To respond to concerns of parents and the general public. 6. To affirm that the success of children and students is always uppermost in all considerations.

BOARD POLICIES AND PROCEDURES

Principals should become familiar with the policies of the Board of School Commissioners for the Mobile County Public School System. The policy manual is available on the system’s website at www.mcpps.com. Click on Divisions; click on Human Resources; click on Policies and Procedures; click on MCPSS Board Policies. Personnel policies are in Chapter 6 – Personnel.

IF YOU HAVE ANY QUESTIONS WHATSOEVER ABOUT THE INFORMATION CONTAINED

IN THIS PROCEDURAL GUIDE, DO NOT HESITATE TO CALL HUMAN RESOURCES FOR

CLARIFICATION.

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ALABAMA EDUCATOR CODE OF ETHICS Introduction The primary goal of every educator in the state of Alabama must, at all times, be to provide an environment in which all students can learn. In order to accomplish that goal, educators must value the worth and dignity of every person, must have a devotion to excellence in all matters, must actively support the pursuit of knowledge, and must fully participate in the nurturance of a democratic citizenry. To do so requires an adherence to a high ethical standard. The Alabama Educator Code of Ethics defines the professional behavior of educators in Alabama and serves as a guide to ethical conduct. The code protects the health, safety and general welfare of students and educators; outlines objective standards of conduct for professional educators; and clearly defines actions of an unethical nature for which disciplinary sanctions are justified. CODE OF ETHICS STANDARDS Standard 1: Professional Conduct An educator should demonstrate conduct that follows generally recognized professional standards. Ethical conduct includes, but is not limited to, the following:

• Encouraging and supporting colleagues in the development and maintenance of high standards.

• Respecting fellow educators and participating in the development of a professional and supportive teaching environment.

• Engaging in a variety of individual and collaborative learning experiences essential to developing professionally in order to promote student learning.

Unethical conduct is any conduct that impairs the certificate holder’s ability to function in his or her employment position or a pattern of behavior that is detrimental to the health, welfare, discipline, or morals of students. Unethical conduct includes, but is not limited to, the following:

• Harassment of colleagues. • Misuse or mismanagement of tests or test materials. • Inappropriate language on school grounds. • Physical altercations. • Failure to provide appropriate supervision of students.

Standard 2: Trustworthiness An educator should exemplify honesty and integrity in the course of professional practice. Ethical conduct includes, but is not limited to, the following:

• Properly representing facts concerning an educational matter in direct or indirect public expression.

• Advocating for fair and equitable opportunities for all children. • Embodying for students the characteristics of intellectual honesty, diplomacy, tact, and

fairness. Unethical conduct includes, but is not limited to, the following:

• Falsifying, misrepresenting, omitting, or erroneously reporting professional qualifications, criminal record, or employment history when applying for employment or certification.

• Falsifying, misrepresenting, omitting, or erroneously reporting information submitted to federal, state, and/or other governmental agencies.

• Falsifying, misrepresenting, omitting, or erroneously reporting information regarding the evaluation of students and/or personnel.

• Falsifying, misrepresenting, omitting, or erroneously reporting reasons for absences or leaves.

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• Falsifying, misrepresenting, omitting, or erroneously reporting information submitted in the course of an official inquiry or investigation.

Standard 3: Unlawful Acts An educator should abide by federal, state, and local laws and statutes. Unethical conduct includes, but is not limited to, the commission or conviction of a felony or of any crime involving moral turpitude. As used herein, conviction includes a finding or verdict of guilty, or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought or a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted. Standard 4: Teacher/Student Relationship An educator should always maintain a professional relationship with all students, both in and outside the classroom. Ethical conduct includes, but is not limited to, the following:

• Fulfilling the roles of trusted confidante, mentor, and advocate for students’ growth. • Nurturing the intellectual, physical, emotional, social, and civic potential of all students. • Providing an environment that does not needlessly expose students to unnecessary

embarrassment or disparagement. • Creating, supporting, and maintaining a challenging learning environment for all students.

Unethical conduct includes, but is not limited to, the following: • Committing any act of child abuse, including physical or verbal abuse. • Committing any act of cruelty to children or any act of child endangerment. • Committing or soliciting any unlawful sexual act. • Engaging in harassing behavior on the basis of race, gender, national origin, religion, or

disability. • Soliciting, encouraging, or consummating an inappropriate written, verbal, or physical

relationship with a student. • Furnishing tobacco, alcohol, or illegal/unauthorized drugs to any student or allowing a student

to consume alcohol or illegal/unauthorized drugs.

Standard 5: Alcohol, Drug and Tobacco Use or Possession An educator should refrain from the use of alcohol and/or tobacco during the course of professional practice and should never use illegal or unauthorized drugs. Ethical conduct includes, but is not limited to, the following:

• Factually representing the dangers of alcohol, tobacco and illegal drug use and abuse to students during the course of professional practice.

Unethical conduct includes, but is not limited to, the following: • Being under the influence of, possessing, using, or consuming illegal or unauthorized drugs. • Being on school premises or at a school-related activity involving students while documented

as being under the influence of, possessing, or consuming alcoholic beverages or using tobacco. A school-related activity includes, but is not limited to, any activity that is sponsored by a school or a school system or any activity designed to enhance the school curriculum such as club trips, etc., where students are involved.

Standard 6: Public Funds and Property An educator entrusted with public funds and property should honor that trust with a high level of honesty, accuracy, and responsibility. Ethical conduct includes, but is not limited to, the following:

• Maximizing the positive effect of school funds through judicious use of said funds. • Modeling for students and colleagues the responsible use of public property.

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Unethical conduct includes, but is not limited to, the following: • Misusing public or school-related funds. • Failing to account for funds collected from students or parents. • Submitting fraudulent requests for reimbursement of expenses or for pay. • Co-mingling public or school-related funds with personal funds or checking accounts. • Using school property without the approval of the local board of education/governing body.

Standard 7: Remunerative Conduct An educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. Ethical conduct includes, but is not limited to, the following:

• Insuring that institutional privileges are not used for personal gain. • Insuring that school policies or procedures are not impacted by gifts or gratuities from any

person or organization. Unethical conduct includes, but is not limited to, the following:

• Soliciting students or parents of students to purchase equipment, supplies, or services from the educator or to participate in activities that financially benefit the educator unless approved by the local governing body.

• Accepting gifts from vendors or potential vendors for personal use or gain where there appears to be a conflict of interest.

• Tutoring students assigned to the educator for remuneration unless approved by the local board of education.

Standard 8: Maintenance of Confidentiality An educator should comply with state and federal laws and local school board policies relating to confidentiality of student and personnel records, standardized test material, and other information covered by confidentiality agreements. Ethical conduct includes, but is not limited to, the following:

• Keeping in confidence information about students that has been obtained in the course of professional service unless disclosure serves professional purposes or is required by law.

• Maintaining diligently the security of standardized test supplies and resources. Unethical conduct includes, but is not limited to, the following:

• Sharing confidential information concerning student academic and disciplinary records, health and medical information, family status/income, and assessment/testing results unless disclosure is required or permitted by law.

• Violating confidentiality agreements related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers, discussing test items, and violating local school system or state directions for the use of tests or test items.

• Violating other confidentiality agreements required by state or local policy.

Standard 9: Abandonment of Contract An educator should fulfill all of the terms and obligations detailed in the contract with the local board of education or educational agency for the duration of the contract. Unethical conduct includes, but is not limited to, the following:

• Abandoning the contract for professional services without prior release from the contract by the employer;

• Refusing to perform services required by the contract.

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WELCOME TO LOCAL SCHOOL ADMINISTRATION

Congratulations! You finally got the job that you have always wanted. You are the boss now and the leader of the school. After arriving for your first day of work, you are somewhere between anxiety and anticipation. There are literally hundreds of things to get done. What do you do first? How will I ever learn all of the policies and procedures? How do I know if I have any vacancies? What kind of questions should I use when I interview applicants? Can I get everything done before school starts? These are some of the pressing issues that must be dealt with at the beginning of your time as a principal.

You should always listen, learn, observe, and organize before you make decisions, changes, or judgments about your new school. If possible, meet with the former principal to discuss policies and procedures, decisions on staff assignments, personnel issues, parent organizations, emergency procedures, school plant facility, and budget. You should review class schedules, student handbooks, and teacher handbooks. If you have an assistant principal, meet with him/her to discuss individual teachers, faculty handbooks, faculty attendance, extra duties, and supervision of student events. You should also study the MCPSS Board Policies which can be found on the mcpss.com website. Go to Our System; click on Human Resources; click on HR Forms and Procedures; click on MCPSS Policies.

No one expects you to know all of the answers. It never hurts to ask for advice if you do not know the answer. If you learn to listen, you can get information, anecdotes, and ideas from people you come in contact with daily. You should be open to suggestions and confident enough to make improvements when necessary.

Your interaction with students, teachers, parents, community, and central office personnel is vital to your success. Your staff will want to know that you are knowledgeable, confident, and organized.

As a new principal, you must use your own values within the framework of the policies and procedures of the district and school. Let your values and beliefs show in how you approach work at school. You should let the school’s mission and core values guide your actions and decisions and keep them as consistent as possible.

You need to be present and visible in the school and know what is happening. You need to consider what you are going to say before speaking and how it could be misinterpreted from differing perspectives. You should make and keep appointments and agreements with stakeholders. Your choices are much easier to make when your actions consistently reflect what is best for the students and the school.

You should document disciplinary actions. Written documentation can decrease the chances that your communications will be misunderstood. If you have an employee who is not performing his/her job duties satisfactorily, you must begin progressive discipline and must insure that the employee is provided with training, instruction, or other resources to help improve performance because poor performance can cripple a school if the issue is not addressed. An employee who consistently does poor work should not remain employed, but neither should a poor performer be terminated without being given a chance to improve. You should deal with the person fairly, but firmly. You should document the employee's improvement or failure to improve under progressive discipline.

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As a new principal, you should not be afraid to record what happens. You should make written notes at the time the event takes place. The key to effective documentation is not how something is written, but the fact that it was written at the time the event took place. Spelling, grammar, and punctuation, are not important; the important thing is to write it down at the time, completely enough so that you can explain them to someone two or three years later if the system is sued.

This Procedural Guide for Principals will help you gather information efficiently and help you with your planning efforts with issues pertaining to Human Resources. You should use this guide as a tool to familiarize yourself with the people, policies, and procedures in the Division of Human Resources that are crucial to your job.

LEADERSHIP

One of the major mistakes newly appointed principals may fall into is that they have trouble effectively leading their employees. Leadership, at times, takes a backseat to dominance. A principal may unintentionally develop a pattern where the principal expects total and unquestioning compliance with every directive issued. Then, if there is an employee who raises objections in a professional manner, the principal may look on that as insubordination and mentally classify the employee as a troublemaker and set out to enforce total obedient compliance or even seek to transfer or terminate the employee. A dictatorial leadership style will usually cause more problems than not and it is one of the main complaints we receive from employees.

The principal may be unwilling to discuss issues and sometimes give a general response that the employee will either do exactly what they are told or they will be disciplined or terminated. This is the wrong approach for principals to follow. The principal should take time to listen to employee complaints. Sometimes the mere fact of listening to your employees will help the situation by letting them "blow off steam". Listening does not diminish your authority nor does it mean that you have to take the employee's advice or criticism. If necessary, patiently listen and then calmly and professionally explain why the action is to be taken. Sometimes, the employee has a valid complaint or a good idea that needs to be brought to your attention. No principal is infallible or a perfect decision maker.

Effective leadership is getting the employees you have to work to their greatest potential; leadership is not trying to replace all the perceived problem employees. A leader will try to correct an underperforming employee and will not let personal feelings about the employee effect the supervisory relationship. Running employees off does nothing more than create a climate of distrust and low morale that will eventually poison the school or department with the rumor mill.

Successful leadership is critical in reducing the incidents requiring disciplinary actions. There is no single leadership style that will work in all situations. This is due to the variety of employees within the school system, where the employees range from highly educated teachers to high school graduates and dropouts. Successful principals must have the ability to lead all classes of employees under their control.

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HUMAN RESOURCES STAFF

Position Last First Phone Fax Executive Manager Hack Bryan 221-4543 221-4546

Personnel Administrators

Elementary Schools Nell Lisa 221-4529 221-6534 Elementary Schools Dailey Alan 221-4726 221-6535

Middle Schools Hayes Nina 221-4524 221-6536 High Schools/Alternative Certification Powell John 221-4590 221-6533

Facilities/Transportation/Employee Discipline Bosarge Brandt 221-4556 221-6537

Employee Relations Grievances/Legal Smith George 221-4531 221-6237

Vacancies/Special Projects/ Position Control Ashmore Bryan 221-4526

Automated Systems Manager

Kronos/Subfinder Rhodes Theda 221-4595

HR Support Staff Secretary for Bryan Hack

Certified Board Items Sanders Eleanor 221-4540

Clerk for Bryan Hack Mail/Classified Board Items Scoggins Robin 221-4517

Teacher Certification Voluntary Teacher Transfers Cummings Pat 221-4532

Purchase Orders Verification of Teacher Experience for former employees/ Clerk for Lisa Nell

Hopkins Kathy 221-4555

Clerk for Alan Dailey and John Powell Reid Ali 221-4557

Clerk for Nina Hayes and Brandt Bosarge Baker Claudia 221-4591

Clerk for George Smith Leaves of Absences/On-the-Job Injuries/Sick Leave Bank (A-L)

Ward Mia 221-4542 221-6237

Clerk for George Smith Leaves of Absences/On-the-Job Injuries/Sick Leave Bank (M-Z)

Clanton Gretchen 221-4528 221-6237

Certified Applicants Category II Substitutes Smith Krystal 221-4515 221-6264

Certified Applicants Kirkpatrick Aimee 221-4538 221-6264

Classified Applicants Verification of Employment Whitehurst Kristy 221-4516 221-6264

Certified 315s Personnel Action Forms /JROTC Hayes Mavis 221-4530

Certified 315s Personnel Action Forms/ Teacher Supplements/ Funk Krista 221-4533

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Advertisements Classified 315s Personnel Action

Forms Robinson Veronica 221-4541

Retirement Unemployment/Sick Leave Biggs Martha 221-4525

Substitutes - Classified Bus Driver Training Applicants

Verification of Employment Davenport Trithenia 221-4537 221-6264

Substitute Teachers Allen Marsha 221-4523 221-6264

SubFinder/Kronos Mickles Debra 221-4580 221-6270

SubFinder/Kronos Whittiker Temeka 221-4580 221-6271

SubFinder/Kronos Todd Shawn 221-4597

File Clerk Bendolph Merrianna 221-4551

Receptionist 221-4500 Name and Address Changes

Employment Verifications 221-4539

Part-Time

Old File Reviews Works Monday & Tuesday Hand Betty

Certified Administrative Applicants/Board Actions History Works Tuesday & Wednesday

Hassell Dean 221-4548

Miscellaneous Works Monday & Tuesday as

needed. Tate Elizabeth 221-4527

Special Projects as needed Barry Deborah 221-4529

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TIMELINE

Meet with Personnel Administrator to review grade level changes, account July - September number changes, certification status, schedules, etc. Submit Department Head Supplement list to Human Resources August Submit Athletic Supplement list to Athletics/PE/Driver Ed Supervisor who August submits approved list to Human Resources Submit staff rosters to Human Resources August Voluntary Transfer Process March-May Meet with Personnel Administrator and Executive Director to discuss staffing March-April for the next school term Submit documentation to Human Resources for employees recommended March-April for non-renewal/termination Human Resources submits out-of- field teachers to the Board March-April Distribute letters from Human Resources to out-of-field teachers March-April Return out-of-field distribution list with employee signatures to HR April Submit Ethics Report April 30 Interview teachers on voluntary transfer April-May Human Resources submits non-renewal of supplements to Board April-May Principal submits academic supplement list to Human Resources April - May Human Resources submits non-renewals, terminations, and mandatory April - May transfers to the Board Distribute letters from Human Resources to employees who have been April - May non-renewed or terminated by the Board Return non-renewal/termination list with employee signatures to HR April - May Distribute letters of proposed mandatory transfer to employees May Return proposed mandatory transfer employee signature forms to HR May Summative Evaluations due for Classified and Certified Employees May 15 Interview teachers on mandatory transfer May – June

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Recommendations for mandatory transfers May – June Recommendations for voluntary transfers June – July New Principals contact Personnel Administrator to review allocations June - July and staffing Recommendations for new hires July – August

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EMPLOYEE DRESS CODE This policy covering employee dress code and appearance is established in order to uplift, enhance and promote the professional image of the school system. These guidelines should be reviewed by supervisors with the staff members each year before the opening of school. All employees (professional, administrative and support personnel) should be professionally and appropriately attired when representing the school system or conducting school system business. The EMPLOYEE DRESS CODE Board Policy 6.122 can be found in the appendix of the Procedural Guide for Principals. Board Policy 6.122 can also be found on the website at www.mcpss.com. Go to Our System; click on Human Resources; click on Policies and Procedures; click on MCPSS Board Policies; click on Chapter 6 – Personnel.

WORK SCHEDULE FOR EMPLOYEES

All schools shall have the school doors open for a minimum of eight (8) consecutive hours each workday. Schedules for professional and support employees are formulated and disseminated by principals. All employees shall observe and conform to time schedules furnished by their principal. All employees should clock in when they report to work in the morning. Classified non-exempt employees must also clock in and out for lunch and when they leave work in the afternoon or if they leave early. Certified employees must also clock out if they leave work before the end of the school day. Family members of an employee do not have a right to visit the employee at work nor does an employee have a right to bring children to their work place during work hours. Visiting by family members or bringing children to work can be a severe distraction to both the employee being visited and other employees at the same location. This is similar to an employee having excessive personal telephone conversations or personal conversations at work. Before any employee brings a child or asks a family member to come to their work location, he/she needs to clear the visit with the principal or supervisor. If the visits become excessive and are a distraction, then the family members may be banned from school properties. SCHEDULES FOR CERTIFIED STAFF The school day shall be defined as the time when classes are in session, when faculty and in-service meetings are being held and when student activities are being conducted. Teachers are required to attend faculty meetings and parent-teacher conferences when deemed necessary by the principal. Also, teachers shall be provided a minimum of thirty minutes unencumbered time period during the day. All professional faculty employees are required to be at his/her station of duty no later than fifteen (15) minutes before school begins and to leave no earlier than fifteen (15) minutes after the school day ends. All teachers are to hold parent-student conferences as needed during planning and conference periods and/or after school as determined necessary by the principal. These conferences are to be scheduled with the time necessary for keeping parents apprised of the academic performance of students prior to the time a student’s achievement has reached the point of failure in a given grading period. The primary responsibility and workload of teachers shall be planning and implementing of the instructional program. Teachers shall share in non-teaching responsibilities, which are considered either necessary or desirable to the proper functioning of the total school program. Teachers are

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expected to share in the responsibility for supervising co-curricular activities. The assigning of extra duty shall be done in an equitable manner. Teacher workdays are designed to provide days for teachers to prepare grades, complete reports, and perform other tasks essential to teaching. No faculty meeting should be held on a teacher workday unless appropriate and timely. If it is necessary to call a faculty meeting on a teacher workday, the meeting should not last more than 45 minutes, and no more than one meeting should be held. No in-service should be scheduled on teacher workdays. SCHEDULES FOR CLASSIFIED EMPLOYEES Clerical and custodial employees work eight (8) hours per day. Nurses and LPNs work eight (8) hours per day. Paraprofessionals work seven (7) hours per day. CNP Managers work eight (8) hours per day. CNP Assistants work between six (6) and seven (7) hours per day. Classified non-exempt employees must adhere to their work hours and work calendar unless prior approval has been made by the principal. If it is necessary for an employee to work longer hours on a particular day, the employee should come in later the following morning or leave early the next afternoon. Classified non-exempt employees must not work overtime without the permission of the principal and the Chief Financial Officer (CFO). The principal must complete a form and submit it to the CFO for permission for overtime. Employees who have permission to work overtime will receive time and half for work performed beyond 40 hours actually worked during the work week. ((i.e. holidays, sick days, vacation days, etc. do not count as days actually worked)

OVERTIME FOR NON- EXEMPT EMPLOYEES An employee is determined to be either exempt or non-exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). If an employee is exempt, this simply means that he/she is not eligible for overtime pay or compensatory time. If you have a question about whether an employee is an Exempt or Non-Exempt employee, you should contact the Employee Relations department. The Fair Labor Standards Act (FLSA) requires overtime pay at time and a half for all eligible employees who work over forty hours (40) in any one work week. The work week begins on Sunday and ends on Saturday. Only actual hours worked applies when determining if 40 hours for the work week have been exceeded before overtime pay is due. If there is a holiday, sick, or vacation day during the week, then that period of time does not apply to the 40 hour requirement. The principal should monitor Kronos to make sure that employees are clocking in and out of Kronos and that employees are not working overtime without permission. Overtime work may be required on occasion because of emergency situations or the need to complete specific work by a certain date. Employees are expected to perform such work if given notice of at least one day, except in emergency situations. Principals will give employees as much advance notice as possible of required overtime work, and employees who refuse such assignments may be subject to discipline. Repeated refusals to work overtime may constitute grounds for dismissal. If it is necessary for a non-exempt employee to work more than his/her eight (8) hour shift, the principal should have an agreement with the employee regarding the form of compensation for overtime (money or compensatory time off) prior to the employee accruing the overtime duty. If agreeable with both the non-exempt employee and principal, compensatory time may be taken in lieu of overtime compensation in accordance with Board policy. The principal will maintain a record indicating the employee was notified of the type of compensation to expect.

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Principals are authorized to grant a non-exempt employee who works beyond the regular working time permission to delay arriving for work the succeeding day by the same amount of time, hour-for-hour. The appropriate notation should appear on the employee’s time card. Compensatory time will be at the same rate as overtime earned, time and a half. Compensatory time cannot accrue longer than thirty days. The employee must be given the time off, by Board policy, within thirty days or else you will be paid the equivalent overtime. Exempt employees are not eligible for compensatory time. Employees cannot make up missed time from one work week to another work week. This means that if the employee works 36 hours during one week and 44 hours during the second week, it does not average out to 40 hours a week and therefore no overtime is due. Each work week stands as a separate period of time and the employee is due 4 hours overtime for the second week. A principal may arrange for an employee’s work schedule to change within a given work week with the understanding that the total number of hours worked does not exceed 40 hours. Lunch and break periods are not required by Federal law for any group of employees, either certified or support personnel. Lunch periods must be taken unless job responsibilities require a non-exempt employee to work through lunch. Breaks for non-exempt employees are highly recommend for morale purposes and must be consistently applied throughout the work site. If the job responsibilities allow either a lunch and/or a break time, the following guides will be followed:

Lunch Period (Non-Exempt Employees)

• Non-exempt employees must clock in and out for lunch • Lunch periods are 30 minutes • Lunch periods are duty free • Lunch periods are not compensated unless job responsibilities require non-exempt

employee to work through lunch • Lunch cannot occur at the beginning or end of the work day • Best practice is taking lunch away from the work area (i.e. desk, office)

Break Period (Non-Exempt Employees) • Break periods are 15 minutes • Maximum of 2 per day

WAGE AND HOUR REMINDERS FOR NON- EXEMPT EMPLOYEES

1. Non-exempt employees cannot volunteer their services, they must be paid for any work similar to the work they are contracted with the district…

2. Non-exempt employees must clock in when they report to work, clock out when they leave work and record their work time accurately.

3. Non-exempt employees must adhere to their work hours and work calendar unless prior approval has been made by an administrator with the authority to grant the exception.

4. Non-exempt employees must not work overtime without approval from the CFO. 5. Non-exempt employees who have permission from the CFO to work overtime will receive

time and half for work performed beyond 40 hours actually worked during the work week (i.e. holidays, sick days, vacation days, etc. do not count as days actually worked).

6. Someone different from the employee cannot clock in for the hourly employee. If the principal asks an employee to work after his/her normal hours to complete a task, then the employee should not clock out until he/she completes the task and is ready to leave for the day. The principal should not ask an employee to clock out and to return back to complete his/his work off the clock.

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Principals should refer to Board Policy 6.32 – Schedules and Overtime. This policy can be found on the website at www.mcpss.com. Click on Our System; click on Human Resources; click on HR Forms and Procedures; look for MCPSS Board Policies; click on Chapter 6 – Personnel.

ANNUAL ALLOCATION OF INSTRUCTIONAL STAFF

The State Department of Education sends the school system a preliminary LEA Unit Breakdown for the next school term. This report lists the earned foundation units that are the number of units each school receives from the State Department of Education (SDE) based on the individual school’s Average Daily Membership (ADM) for the first 20 days after Labor Day of the year in which the report is sent to the SDE. The ADM includes teachers, media specialists, counselors, assistant principals, and principals. These units are fully funded by the State Department of Education.

On or after the seventh day of school, each school is assessed individually by administrators from Academic Affairs and the Division of Human Resources. The committee reviews enrollment data and schedules to determine if there is a need for additional units. Some schools with decreased enrollment may lose teacher units while schools with increased enrollment may gain teacher units. This means that some teachers may be transferred after the beginning of the school year.

NEW SCHOOLS/REDISTRICTED SCHOOLS/RECONSTITUTED SCHOOLS The Division of Student Services submits to Human Resources New School Enrollment Projections by February 1 of each year for HR to determine the school allocation of instructional staff and support staff. This information is entered into the teacher allocation database.

SPECIAL EDUCATION ALLOCATIONS Special Programs submits to the Division of Human Resources the school allocation for special education teachers, speech teachers, PACE teachers, paraprofessionals, and other support staff by February 1, of each year in order to be included in the allocation process. Allocations submitted from Special Programs also include federally funded allocations for teachers and paraprofessionals.

The certified allocation submitted by Special Programs includes special education, speech, and Pace teachers that are funded out of state funds will be subtracted from the number of state earned units that each school receives. (i.e. The state allocates 45 teacher units for the school. Special Programs stated that the school needs a total of 6 special education, speech, and PACE teachers. The 45 state earned teacher units would be decreased by 6 teachers to obtain the 39 regular education teachers that will be allocated for your school.)

TITLE I ALLOCATIONS In the spring, Federal Programs will send each school the amount of federal funds that will be allocated for the next school year. The committee from the school will determine how the money will be spent for teachers, support staff, staff development, etc. After the budget has been approved by Federal Programs and the Budget Department, the allocations for teachers, paraprofessionals, and other support staff will be submitted to the Division of Human Resource. PRE-K ALLOCATIONS In the spring or summer, the state will allocate funding for Pre-K teachers and paraprofessionals. Federal Programs will send the Division of Human Resources the allocation for teachers and paraprofessionals.

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AT-RISK ALLOCATIONS In the spring, the state will allocate funding for At-Risk programs. The Division of Student Services will send the Division of Human Resources the allocation for teacher units and support staff. ENGLISH AS A SECOND LANGUAGE In the spring, the ESL Migrant Coordinator will send the allocation for teacher units and paraprofessional to the Division of Human Resources. LOCAL ALLOCATIONS In the spring, the Superintendent, Division of Human Resources, and CFO will determine the number of local allocations for the next school term. These include teacher units for vocational schools, small schools, special education, art, music, and ESL as well as assistant principal units. ARI LITERACY COACHES Funding for reading coaches is received during the summer. TITLE II ALLOCATIONS During the summer, the Superintendent and administrators from the Division of Academic Affairs and Division of Human Resources meet to review student enrollment and schedules for failing schools, priority schools, and small schools. After the review, some class-size reduction units may be allocated prior to school starting. The vast majority of the units will be allocated on or after the seventh day of school when administrators from Academic Affairs and Human Resources review student enrollment data and schedules to determine which schools need additional teacher units.

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CERTIFIED STAFF ALLOCATION BASED ON ADM

GRADES DIVISORS K-3 14.25 4-6 21.85 7-8 19.70 9-12 17.95

K-12 INSTRUCTIONAL SUPPORT STANDARDS

POSITION ENROLLMENT ELEMENTARY MIDDLE/HIGH Principal 1.0 1.0

Assistant Principal 1-249 0.0 0.0 250-499 0.0 0.5 500-749 0.5 1.0 750-999 1.0 1.5 1000-1249 1.5 2.0 1250-1499 2.0 2.5 Over 1500 * * Counselor 1-249 0.5 0.5 250-499 0.5 1.0 500-749 1.0 1.5 750-999 1.5 2.0 1000-1249 2.0 2.5 1250-1499 2.5 3.0 Over 1500 * * Media Specialist 1-249 0.5 0.5 250-499 1.0 1.0 500-749 1.0 1.0 750-999 1.0 1.0 1000-1249 1.0 2.0+ 1250-1499 1.0 2.0+ Over 1500 1.0 2.0+ *One FTE is added for each additional 250 students over 1500. This unit can be used for additional Assistant Principal or Counselor unit. +After employing one Library/Media Specialist, the school may employ a qualified Technology/Information Specialist to work in collaboration with the Library/Media Specialist. NOTE: The divisors and K-12 Instructional Support Standards are based on the FY Foundation Program annually and are subject to change when the Budget is approved by the legislature.

Divisors are subject to change annually.

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ALLOCATION PROCESS FOR INSTRUCTIONAL STAFF FLOWCHART

Foundation Units

(Allocated from State)

Projected Student Enrollment for Selected Schools

(Division of Student Support Services)

Special Education Units

Title I Units

Human Resources computes earned teacher units

Human Resources adds ARI Units

Locally Funded Units

Human Resources sends allocations to

local schools

Human Resources subtracts Special Education Units

Human Resources adds Title I units

Human Resources adds AT-Risk Units and Pre-K

units

At-Risk Units

ARI Reading Coach Units

Human Resources adds ESL Units and Local units

ESL Units

Pre-K units

Human Resources add Title II units

Title II Units (Class-size Reduction Units)

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CLASSIFIED STAFF ALLOCATION SCHOOL BASED

PE Paraprofessional (Elementary School only) ADM Number of Positions 1 – 300 0 301 – 749.99 1 750 and above 2 Special Education Paraprofessional Determined by Department of Special Education Clerical (Includes Bookkeeper, Registrar, Secretary to High School Principal, Clerk) *Elementary, Middle, Evans, and CLC – 202 days ADM Number of Positions Below 1000 2 1000 – 1499.99 3 1500 – 1999 4 *Dauphin Island, Regional, and CLC are allocated 1 clerk. High – 260 days for four (4) positions; 202 days for positions five (5) and higher ADM Number of Positions Below 1500 3 1500 – 1999.99 4 2000 – 2499.99 5 2500 and above 6 Custodial Factor 1: 1 Custodian for every 11 rooms to be cleaned Factor 2: 1 Custodian for every 15,000 square feet of building area to be cleaned Factor 3: 1 Custodian for every 8 teachers Factor 4: 1 Custodian for every 225 students Add the four factors and divide the total by 4 to find the actual number of custodians needed.

CNP STAFFING FORMULA (Determined by the Food Service Department) FACTORS: Average Daily Meals Served (ADM) - Lunch

Average Daily Meals Served (ADM) - Ala Carte Average Daily Breakfast Served - One half of total breakfasts

ADD: Lunch ADM + Ala Carte ADM + One half Breakfasts = TOTAL ADM’s +Transport Hours (if satellite) = TOTAL LABOR HOURS THAT CAN BE UTILIZED

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APPLICANTS

All applicants, both certified and classified, must complete the SearchSoft Alabama State Department of Education on-line application and apply post an advertised vacancy during the application period. Applicants should go to www.alsde.edu/teachinalabama to complete the on-line application. The application should be posted during the advertisement period. Information concerning the application process for certified and classified positions can be found at www.mcpss.com. Click on Our System and then Human Resources. All applicants must show proof that they meet all requirements of the position for which they are applying, such as:

• Teacher applicants should have an Alabama Professional Educator Certificate in the appropriate subject area.

• Paraprofessional applicants must have an official transcript from a regionally accredited institution with an associate’s degree or a minimum of 48 semester hours. The courses must be college level courses with a prefix of 100 or higher.

• 1st Class Pre-K Auxiliary Teacher applicants must have an official transcript from a regionally accredited institution with a minimum of 48 semester hours that includes a Child Development Associate’s (CDA) degree or a minimum of 9 semester hours of coursework in Early Childhood Development.

• Bus Driver applicants must show proof of a current Commercial Driver’s License (CDL) • Child Nutrition Program applicants must show proof of a current Food Handler’s Permit. • Licensed Practical Nurse applicants must show proof of a current LPN license. • Registered Nurse applicants must show proof of a current RN license.

Refer to the appendix for some critical information pertaining to questions that you can ask applicants that pass legal scrutiny and some sample interview questions.

GENERAL INFORMATION ABOUT HIRING PROCESS

The principal will need to submit a Request to Post for new positions that he/she requests after the initial allocation of state and federal units in the spring and summer. Principals do not need to submit a Request to Post for new teachers or certified support staff FTE units allocated by the State Department of Education, for teacher and support staff approved from your Title I budget, or Class-size Reduction units. Requests for additional units beyond these allocations will require a Request to Post. The Request to Post can be found on SearchSoft under the Jobs tab. Both certified and classified vacancies will be posted on the MCPSS and TEACHINALABAMA websites. Hiring Managers have access to applicant lists through SearchSoft. Applicants can be reviewed as they apply to an advertised vacancy by logging into SearchSoft and selecting the appropriate job posting. A minimum of (3) applicants from the list must be interviewed. The principal/supervisor must submit a Request to Hire for the selected applicant from within the job posting. Other applicants interviewed must be included for processing. Do not tell an applicant that he/she has been hired. Only the Board can hire. Principals are prohibited from telling an applicant to report to work as an employee until the Personnel Administrator confirms the start date. The applicant must have a completed file prior to being paid as an employee. Principals should contact their Personnel Administrator to determine if the applicant can work as a

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substitute while he/she is completing his/her file. The applicant will be paid as a substitute during this time. The daily rate of pay as an employee does not begin until the Personnel Administrator contacts the principal to let him/her know the date the employee can start work. An applicant who does not have a substitute card cannot begin work until he/she has a completed file. The Personnel Administrator will contact the principal when the applicant can report to work. No one can substitute or work in a position until his/her background clearance has been received in Human Resources.

If an applicant is applying for an alternative approach to certification, he/she must meet the requirements for the alternative certificate (minimum GPA and correct college major). All recommendations are pending completion of all the remaining components of the application process and the results of the background clearance and drug screening.

NO PERSON CAN REPORT TO WORK UNTIL HE/SHE HAS COMPLETED A BACKGROUND CHECK, DRUG SCREENING, AND APPROVAL FROM HUMAN RESOURCES.

SALARY QUOTES The Division of Human Resources is charged with determining salary and supplements when appropriate. No unauthorized staff member should quote a salary offer to prospective employees.

TENURE/NON-PROBATIONARY STATUS

CERTIFIED EMPLOYEES Alabama state law allows new employees a three year probationary period during which time they are given the chance to prove their abilities, demonstrate their professional attitudes and model the characteristics and behaviors expected of effective employees. According to the Students First Act of 2011, an employee shall attain tenure upon the completion of three complete consecutive school years of full-time employment with the same employer unless the governing board approves and issues written notice of termination to the employee on or before the last day of the employee’s third consecutive, complete school year of employment. For purposes of this act, a probationary teacher whose employment or reemployment is effective prior to October 1, of the school year and who completes the school year shall be deemed to have served a complete school year. CLASSIFIED EMPLOYEES Probationary employees attain non-probationary status upon the completion of three complete, consecutive school years of full-time employment unless the governing body of the employer approves and issues written notice of termination to the employee on or before the 15 day of June immediately following the employee’s third consecutive complete school year of employment. For purposes of the Students First Act of 2011, a probationary classified employee whose employment or reemployment is effective prior to October 1 of the school year and who completes the school year shall be deemed to have served a complete school year. An employee who resigns or retires and who later is rehired by the Board must begin anew to earn tenure or non-probationary status.

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NON-RENEWAL, MANDATORY TRANSFER, AND TERMINATION

NON-RENEWAL/TERMINATION OF NON-TENURED/PROBATIONARY EMPLOYEES

1. Reduction in units If the school has a reduction in the number of state earned full time equivalence (FTE) units, non-tenured teachers will be surplused and recommended for non-renewal prior to recommending tenured teachers. The Principal and Personnel Administrator will identify which teachers will be non-renewed according to hire dates for teachers in elementary schools and according to hire dates in the subject area in middle and high schools. Principals should look at each teacher’s certification when identifying personnel for non-renewal. The hire date in the position will be used to identify surplus personnel in classified positions. Some programs with unstable funding (funded by grants, federal funds, etc.) may require non-renewal/ termination of both certified and classified employees each year. Should the school system have numerous mandatory transfers due to loss of teacher units, loss of classified positions or the reconstitution of a school, non-tenured/probationary employees in certain subject areas/positions may be non-renewed/terminated according to hire date before the last day of school.

2. Reconstituted Schools If a school is reconstituted, non-tenured/probationary employees will be non-renewed/ terminated.

3. Alternative Certificates All non-tenured teachers who are teaching out-of-field working on alternative certificates will be non-renewed automatically at the end of the year.

4. Principal’s Request If an employee is not performing well, or for whom there are other concerns, the principal should gather all of the evidence (see Steps for Termination of Employees) and bring it to the allocation/staffing meeting in Human Resources. If Human Resources concurs with the principal that the employee should be non-renewed /terminated, then the principal should conference with the employee prior to employee’s name being submitted to the Board to inform the employee that he/she is being recommended for termination. No reason for termination is given to the employee.

MANDATORY TRANSFER OF TENURED/NON-PROBATIONARY EMPLOYEES DUE TO REDUCTION IN UNITS

1. Tenured Teachers Tenured teachers placed on mandatory transfer due to a reduction in state earned units or federally funded units will be based on those with the least seniority in elementary schools or least seniority in subject area for middle and high schools. Principals should look at each teacher’s certification when identifying personnel for mandatory transfer. Yearly, some programs with unstable funding (funded by grants, federal funds, etc.) may require mandatory transfer of tenured employees.

2. Non-Probationary Employees Non-probationary employees placed on mandatory transfer due to a reduction in units will be based on hire date in the position. The hire date will be used to identify surplus personnel in

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classified positions (clerk, custodian, CNP, etc.). Yearly, some programs with unstable funding (funded by grants, federal funds, etc.) may require mandatory transfer of classified employees.

TERMINATION OF EMPLOYEES If a principal wants to recommend an employee for proposed termination due to issues other than loss of units, the principal must have documentation and discuss the matter with the appropriate Personnel Administrator.

STEPS FOR TERMINATION OF EMPLOYEES If an employee is not performing well, or for whom there are other concerns, the principal should gather all of the evidence and bring it to Human Resources. 1. Teacher

• Summative Evaluation and Professional Development Plans • Memos written to the teacher on performance and suggestions for improvement • Parental or co-worker complaint letters • Copies of unsatisfactory lesson plans and grade books • Observations made by central office personnel • Records of workshops to which the teacher has been sent • Records of demonstration teaching conducted in the teacher’s classroom • Records of visits the teacher has made to other classrooms for observation • List of films/videos/books you have had the teacher view or read • Discipline reports (a list of how many students have been referred to the principal) • Documentation of insubordination • Excessive absences and/or tardies • Any other evidence

2. Classified Employee • Summative Evaluation • Memos written to the employee on performance and suggestions for improvement • Complaint letters • Records of workshops to which you have sent the employee • Films/videos you have had the employee view • Written plan for improvement • Discipline reports • Complaints from other employees • Failure to complete duties in a satisfactory manner • Excessive absences and/or tardies • Documentation of insubordination • Any other evidence

TRANSFERS TEACHER TRANSFERS Tenured teacher voluntary transfer requests are processed once a year before the end of the school year. Principals are sent a notice of the transfer time period along with the applications for the Tenured Teacher Voluntary Transfer Request with instructions to provide each teacher with the information. The teachers return their application to the Division of Human Resources. The information is compiled and a list is sent to each school in the system listing the teachers who requested to transfer to the school for the following year. Teachers must contact the principals to request interviews. Principals must grant

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interviews to all tenured teachers seeking transfers to their school before school ends if interviews are requested by the tenured teacher. Non-Tenured teachers are not eligible for voluntary transfers.

Teacher transfers during the first twenty calendar days of the first day of school for students may be necessary due to changes in enrollment. Selection of teachers to be transferred will be based on those with the least seniority in elementary school or least seniority in subject area for middle and high schools.

CLASSIFIED EMPLOYEES TRANSFERS Non-probationary classified employees who wish to transfer to another department or school must complete an online application and apply to the appropriate job advertisement. These transfers usually take place during the summer prior to school opening unless it is a promotion.

REDUCTION IN FORCE

The Reduction in Force Policy can be found in the appendix and on the website at www.mcpss.com. Click on Our System; click on Human Resources; click on HR Forms and Procedures; then look for Policy and Procedures; click on Chapter 6 – Personnel (11/23/15)

PERFORMANCE EVALUATION Certified employees are evaluated under Educate/Lead Alabama and the Mobile County Summative Evaluation annually. The Mobile County Summative Evaluation forms will be submitted to Human Resources to be placed in the employees’ personnel files. A rubric will be used for scoring purposes.

Classified employees are evaluated under the Mobile County Summative Evaluation annually. The evaluations forms will be submitted to Human Resources to be placed in the employees’ personnel files. A rubric will be used for scoring purposes.

The evaluation forms will be distributed to the schools in the spring for every classified employee in your school. Principals are encouraged to have CNP Assistants evaluated by the Cafeteria Manager.

The employee’s performance must be documented throughout the year. Annual performance reviews are especially hard to undertake if a supervisor has not maintained regular records on an employee's performance. Spoken compliments or suggestions for improvements may come naturally to a supervisor and many times this is the most appropriate way to work with an individual. However, in completing the employee's performance evaluation, spoken compliments or corrections are useless in determining how many times the supervisor has pointed out a particular type of shortfall. Written documentation makes sure that the supervisor's evaluation of the employee's performance is based on incidents that happened throughout the year and not just on the most recent or memorable events of the year.

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Principal’s Responsibility in Performance Evaluations 1. Principals should base the overall evaluation on the typical performance of the employee

during the entire period. 2. Principals should base evaluations on accurate data obtained from records whenever

possible or from careful observation when this is not possible. 3. Principals should not let their evaluation of one factor influence their evaluation of other

factors, unless they are interrelated. 4. Principals should not permit grade of job or length of service to affect the evaluation,

however, length of service can affect areas such as ‘job knowledge’ and ‘expertise’. 5. Principals should not let their personal feeling bias their evaluation, nor should they rate

sympathetically. 6. Principals should not be swayed by a previous evaluation. 7. Principals should guard against letting their evaluation of factors fall into a routine pattern,

such as always rating as ‘highly effective’ without taking a realistic look at actual job performance.

8. Principals should not make an evaluation on vague impressions. 9. Principals should not evaluate too quickly. 10. Principals should not hesitate to go on record with their true opinion.

EMPLOYEE ABSENCE REPORTING SYSTEM (AESOP SYSTEM) All absences, including professional leave, school-related activities, in-service, jury duty, must be reported to the substitute teacher caller system. Substitute teachers will not be paid unless they are properly booked through the substitute teacher caller system. A substitute teacher will receive his/her job number from the automated system - which officially notifies the substitute of the assignment for the day. In an emergency situation, the principal may call the substitute directly after obtaining the approval of the Aesop Office by either calling the office directly at 221-4580 or 221-4520, or checking the substitute’s status via the automated Aesop system. Also, the principal can book this prearranged substitute with his/her school administrator’s login by accessing the automated system anytime. It is important to book all substitutes through the automated Aesop system for reporting and scheduling purposes and to ensure substitutes who are in a restricted status are not inadvertently booked to work at a school. The automated Aesop system will not allow a RESTRICTED, NON-APPROVED substitute to be booked. Principals should always check the status of the substitute that they are calling directly by referencing the automated Aesop online substitute listings. Principals will submit time sheets on substitute teachers and send to Payroll according to time lines. All substitutes listed on time sheets submitted to payroll should be booked in a job in the automated Aesop system, to accurately reflect any work done by that substitute which is listed on the time sheet.

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SUBSTITUTES

A substitute is a person paid on a day-to-day basis in the place of an absent employee or in a vacant position. Before a substitute applicant can substitute, the applicant must complete Substitute Training and be issued a substitute card. Substitutes are to be used only for illness, personal leave, approved leave, and not for extra help or special projects. . GUIDELINES FOR THE USE OF SUBSTITUTES

1. Substitutes for teachers and classified positions must possess a valid substitute card and must be listed in the substitute caller system (Aesop). Although some substitutes may possess a valid substitute card, they may be inactive in Aesop. These substitutes should contact Human Resources for information on updating their status in Aesop.

2. There must be an absence or vacancy of an employee for a substitute to be assigned. The employee who is absent must notify Aesop to request a substitute. The principal or his/her designee will notify Aesop to request a substitute for the vacancy. The employee must also notify his/her principal or his/her designee of the absence.

3. a. Substitutes should be used only when it is not possible to cover the critical functions

usually performed by the absent employee. b. Existing classified staff should be trained to assist in high needs areas on a short-term

basis. 4. A substitute may not be used for an itinerant art or music teacher, speech therapist, counselor,

media specialist, assistant principal, library media paraprofessional, retract paraprofessional, or federally funded paraprofessional (if substitutes are not included in the local school Title I Budget). If a federally funded paraprofessional is absent for an extended period of time and all accumulated sick leave has been used, the principal can also use local school funds to pay for a substitute.

5. Substitutes may be used for a special education one-on-one paraprofessional and physical education paraprofessional. These substitutes must possess a valid Substitute Teacher’s Certificate.

6. Substitutes for clerical positions must be approved by Human Resources. Long Term Substitutes • A non-certified substitute teacher who serves for the same teacher for more than 20 consecutive

days will be paid an additional ten dollars ($10.00) per day beginning on the twenty-first (21st) day. The school must notify the payroll clerk when to begin paying for the twenty-first (21st) day.

• A Category II Substitute may be used for a teacher who is on approved leave for six (6) weeks or more. The principal should complete a Category II Request Form and submit it to Human Resources for approval prior to a commitment being made to the substitute. The Category II substitute must be a certified in-field substitute with current certification. A current teacher application must be on file.

Principals will be responsible for providing substitutes with appropriate information about the building, check-in-procedures, student handbooks, schedules, special activities for the day, and instructions from the teacher. Principals must make sure that substitutes clock in when they arrive and clock out when they leave and that substitutes for classified positions clock in and clock out for lunch. Since substitutes are limited to working no more than 1,000 hours per calendar year,

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principals must monitor the number of hours that substitutes work during a calendar year. Principals will monitor substitutes assigned to the school. If there are problems with a substitute, the following steps should be taken: • The principal will contact the substitute and discuss the concerns. If the meeting resolves the

problem, the substitute will continue to serve in the building. • If the concern is not resolved, the principal should send a memo detailing the specific concerns

to Human Resources with a request that the substitute be excluded from that school in the future. Please report problems via fax to the Aesop office at fax number 251-221-0012.

• If a Human Resources administrator determines the substitute should not be assigned to that building, the substitute caller system operator will be notified to remove the substitute from the school.

Principals should refer to the Salary Schedule for additional information on the use of substitutes.

PERSONNEL FILES LOCAL SCHOOL PERSONNEL FILE Each employee’s local school file is maintained in the Principal’s office. In general, this file will contain a record of the employee’s evaluations, memos from principal and assistant principal, formal and informal observations, etc. It is a good idea for the employee to sign any memo or letter that you give him/her concerning issues which are disciplinary in nature. The employee must be given a copy of any memo or letter that you send to Human Resources to be filed in the employee’s official personnel file. At the bottom of the memo/letter, it should be noted that a copy of the memo/letter is being placed in his/her personnel file in Human Resources. If an employee transfers to another school/department, the local school personnel file should be sent to the school/department that the employee transfers to. OFFICIAL PERSONNEL FILE Each employee’s official personnel file is maintained in the Division of Human Resources. In general, this file will contain a record of the employee’s history with the system, such as documents concerning the employee’s hiring, status, work history, and performance. All information or material placed in the employee’s personnel file in Human Resources shall be available to the employee for review upon request with a twenty-four (24) hour notice. This does not include former employees. Handling of personnel files shall follow the guidelines set forth below in addition to normal processing and maintenance:

1. Any information or materials which are derogatory shall not be placed in the personnel file unless the employee is aware of the information and is given the opportunity to examine the information.

2. The employee has the right to respond in writing to anything placed in the system’s personnel file and have the response placed with the material to which it relates.

3. No anonymous, unsigned, or hearsay information may be placed in the employee’s official personnel files.

4. All confidential references and information shall be privileged and are not part of employee’s official personnel files.

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SUPPLEMENTS

• Athletic, Band, Choral, and Academic Supplements are issued to employees who are recommended by their principals and meet the requirements of the position. Supplements are granted on an annual basis. Athletic, band, and department head supplements are entered into the employee’s computer record at the beginning of the school year and are paid over 12 months. These supplements are completely deleted from the record at the end of the pay period for that school year. This is done to prevent overpayment of supplements since they are issued for one year only. All persons receiving a supplement receive notices generally in April that the supplements are being discontinued for that academic year.

• Academic Department Supplements are paid at the end of the school year in one payment. See the current Salary Schedule Section V Subsection C. for the number of supplements per school.

• Band Director Supplement. See the current Salary Schedule Section V Subsection L and M. Middle School Band Director Supplement See the current Salary Schedule Section V Subsection N.

• High School Choral Director supplements are paid in two (2) installments if standards of work performance are met. See the current Salary Schedule Section V Subsection O.

• Athletic Coaching Supplements are designated for high and middle schools. See the current Salary Schedule Section V Subsection P, Q, and R. See Subsections S and T for Summer Supplement Guidelines.

• Academic Coaching Supplements are paid at the end of each school year in a lump sum. See Subsection U for details.

CHANGE OF NAME/ADDRESS/TELEPHONE NUMBER

NAME/ADDRESS CHANGE WITH DIVISION OF HUMAN RESOURCES All changes to employee biographical information can be accomplished through Employee Self Service (ESS). This can be found on our website by going to Our Staff and looking under Other Employee Resources. The employee must attach a signed copy of their Social Security card to the request before a name change can be processed. The employee who has not obtained a new card with correct name should contact the Social Security Administration Office to make arrangements for having his/her name changed. NAME/ADDRESS CHANGE OF ADDRESS/TELEPHONE NUMBER WITH RETIREMENT SYSTEMS OF ALABAMA The employee will complete the Address Change Notification form and submit it to the Division of Human Resources. The Address Change Notification form can be downloaded from the website at www.mcpss.com by going to Our System and clicking on Human Resources. Click on HR Forms and Procedures and go to section 6. Retirement. This can also be done on the RSA website at www.rsa-al.gov. NAME/ADDRESS CHANGE – SUBS AND PART TIME Substitutes and part-time employees will complete the Name/Address Change –Subs and Part Time form and submit it to the Division of Human Resources. The Name/Address Change – Subs and Part Time form can be downloaded from the website at www.mcpss.com by going to Our System and clicking on Human Resources. Click on HR Forms and Procedures and go to section 8. Name & Address Changes.

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STUDENT TEACHER/OBSERVATION STUDENT

All student teachers and students observing classes must have a background clearance prior to student teaching or observing classes.

If a student teacher is employed by the Mobile County Public School System (MCPSS), the employee must take a leave of absence, if eligible, or must resign prior to student teaching. Probationary employees are not eligible for educational leave. A student teacher cannot student teach in the same school he/she is assigned as an employee.

An Observation/Pre-Sequence student who is an employee of MCPSS must take personal leave or unpaid leave while doing observations and cannot complete observation hours in the same school he/she is assigned as an employee. The colleges/universities in Mobile County submit a list of student teachers and their cooperating teachers for approval to the Division of Human Resources prior to student teaching.

Students attending regionally accredited universities outside of Mobile County must meet the requirements as outlined in the PROCEDURES TO STUDENT TEACH OR OBSERVE IN A CLASSROOM IN MOBILE COUNTY PUBLIC SCHOOL SYSTEM FOR STUDENTS ATTENDING REGIONALLY ACCREDITED UNIVERSITIES OUTSIDE OF MOBILE COUNTY. The principal must sign the Application for Student Teaching and Observation form HR-400. The student must submit the completed form to the Division of Human Resources for approval to student teach or observe in Mobile County Public Schools prior to student teaching or observing. These procedures can be found on the MCPSS website. Go to www.mcpss.com; click on Our System; click on Human Resources; click on Student Teaching and Observation. Students must not report to a school prior to obtaining permission from the Division of Human Resources to student teach or observe.

DRUG, ALCOHOL, AND SMOKE FREE WORKPLACE

Employees are required to report to work with no alcohol or illegal drugs or mind altering substances in their bodies. Employees are prohibited from using, possessing, manufacturing, distributing or making arrangements to distribute or purchase alcohol or illegal drugs while on school property or attending school-related activities. Employees under the influence of alcohol or illegal drugs while on duty will be subject to termination. Principals should attend training on reasonable suspicion to recognize when an employee may be under the influence of drugs and/or alcohol while on campus. If a principal suspects that an employee is under the influence of either drugs or alcohol, he/she should contact the Personnel Administrator for Employee Relations, Resource Officer, or Central Office Nurse in Student Services for instructions. The principal should not allow the employee to leave campus in his/her vehicle. The employee will need to be taken to a testing facility by a designated school official. All employees are subject to testing for alcohol and any and all illegal drugs, including but not limited to amphetamines, cannabinoids, cocaine, opiates and phencyclidine. Smoking is prohibited in all MPCSS buildings and properties.

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COMPUTER USAGE AND SOCIAL MEDIA

Employees are required to sign a form stating that they have received and read the Computer Internet and Electronic Communication Acceptable Use Policy. Policy 3.50 can be found on the MCPSS website. Go to www.mcpss.com; click on Our System; click on Human Resources; click on HR Forms and Procedures and look for MCPSS Board Policies.

EMPLOYEE RELATIONS This section is prepared solely as a guide to inform principals of Human Resources policies, procedures and benefits in order that they may better perform their supervisory functions and keep their employees informed. It is intended only as a quick reference. It does not constitute any part of any employment contract. You should contact the Division of Human Resources for assistance in obtaining up to date information on changing policies and procedures. MCPSS policies and procedures conform to local, state, and federal requirements in addition to recognized principles of human resource management. GRIEVANCE Any employee who feels that they have been treated in an unprofessional manner or that a policy has been violated may file a grievance with their immediate supervisor. A careful investigation shall be made by the supervisor to see if it is valid and if there is a way to resolve the situation.

A formal grievance must be filed by the employee within 30 work days of the incident. It must be answered by the supervisor by holding a conference within 15 work days of receipt of the grievance and delivering a written decision to the employee within 5 work days of the conference. A copy of the grievance must be sent to the Employee Relations Personnel Administrator. Principals unfamiliar with the grievance process may contact the Employee Relations Personnel Administrator to request guidance. The Grievance form can be found in the appendix on the HR website. EMPLOYEE ASSISTANCE PROGRAM There is a confidential service available for employees who experience problems not related to their employment. It is confidential as long as there is no threat of harm to students or other employees. Referrals do not become part of any employment record and are not reported to supervisors. Assistance is provided for any situation that may affect the employee’s job performance. Some circumstances that can interfere with work are:

• Stress • Family Problems • Marriage or Relationship Problems • Alcohol or Drug Dependence • Legal or Financial Difficulties • Job Dissatisfaction

Should any problems or stress begin to affect performance, it is felt that the employee has an obligation to seek professional help either through the Employee Assistance Program or any other outside program. If there are problems arising from family relationships, credit problems, marital issues, substance abuse or any other overwhelming stress, a principal can recommend to the employee that he or she may want to call the Employee Relations Personnel Administrator at 221-4531 for guidance.

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The following are some counseling services that may be of help:

• Helpline - 431-5111 • Mobile Mental Health Center - 473-4423 • Bay View Professional Associates - 450-2250 • Alcoholics Anonymous - 438-1679 • Ala-teen - 341-8998 • Drug Education Council - 433-5456 • Consumer Credit Counseling - 602-0011 • Credit Counseling of Mobile - 433-2488

These services provide confidential assistance and referral for employees and their family members. The EAP program does not provide treatment but rather assists or refers employees to professionals. The purpose is to help employees resolve their own problems. Every effort is made to find providers who will work with our employees under a reasonable fee schedule. Any contact with EAP is confidential. No report is made to the supervisor nor is any record placed in the employee’s personnel file. SICK LEAVE BANK The Sick Leave Bank (SLB) was established according to Alabama Code, Section 16-22-9 and 16-1-18.1 to help employees during the financial pinch of lost work due to illness or injury. Any full-time or part-time employee who receives accumulated sick days as a benefit is eligible to join the SLB. Membership is optional and requires only two days to be deposited in the bank. These days will be returned once the employee resigns from the bank. Open enrollment is the first 30 days of the school year. New employees may join the SLB within the first four (4) weeks following their employment date. To join the SLB, the employee shall complete and sign the authorization form to contribute two (2) sick leave days or to commit two (2) sick leave days for deposit in the SLB. Pledged days shall be deposited from the first two (2) sick leave days earned by the employee. For further information please call 221-4531 or 221-4542.

LEAVES OF ABSENCE The Board complies with all state and federal laws in regard to granting leaves of absence for all employees. It also believes that the provision of leaves of absence for professional employees helps to attract and retain employees who will continue to grow professionally by providing them the opportunity for continued professional growth. Not all leaves of absence apply to all employees. Some leaves of absence require tenured or non-probationary status. The Family Medical Leave requires the employee to be employed for at least one year and completed 1250 hours during the year prior to taking the leave. Contact the office of Employee Relations for complete information of the requirements for any leave of absence. There are numerous types of leave available to employees. The leaves of absence available are: Personal two personal days granted each year Accumulated Sick Days accumulate 1 day for each month worked Family Medical Leave up to 12 weeks, illness or maternity/adoption Extended Sick Leave up to one year Maternity (post partum) 4-6 weeks or as certified by treating physician Maternity/Paternity unpaid, up to one year from the date of birth Annual (Vacation) 12 month employees only

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Military governed by state law and federal law Professional organization meetings or professional study Bereavement up to five days with the use of available sick days Religious recognized religious holidays Legal short term absence only, i.e. jury duty or subpoena Emergency short term absence only The administration of leaves of absences shall be in conformity with policies of the Board.

ACCUMULATED SICK DAYS These days are for all full-time personnel and shall accumulate at the rate of one day per month for each month of regular employment during the year or twelve days maximum per year.

Accumulated sick days are available for the following situations: 1. Personal illness or doctor’s quarantine 2. Incapacitating personal injury 3. Attendance upon an ill member of the employee’s immediate family (parent, spouse, child,

sibling) or an individual with a close personal tie 4. Death in the family of the employee 5. Death, injury, or sickness of another person who has unusually strong personal ties to the

employee, such as a person who stood in loco parentis.

If an employee is off work because of one of the stated reasons for over ten (10) work days, he/she will be required to provide a physician’s statement or other documentation which verifies disability, birth or adoption of a child. Should circumstances warrant it, a supervisor may require a physician’s statement for any medical absence.

BOARD POLICY REGARDING PROFESSIONAL LEAVE FOR PROFESSIONAL STUDY Tenured teachers shall be eligible for leave for professional study, up to, but not exceeding one full scholastic year or for one full calendar year. Non-Probationary classified employees shall be eligible for a one year leave of absence to pursue a teaching degree only. BOARD POLICY REGARDING MILITARY LEAVE An employee who is to be on military leave is to inform his/her administrative supervisor by presenting his/her military orders. Copies of the orders are to be attached to the employee’s absence report form (P-311). (Board Policy) Employees, while on military leave, are eligible to receive up to 21 paid days per calendar year. ON THE JOB INJURY All full time employees are covered by the system’s On the Job Injury Program. Substitutes are not covered and must apply to the state Board of Adjustment in Montgomery for any reimbursement of medical expenses or lost wages. A Job Related Injury is defined as damage to the body that occurs while an employee is acting within the line and scope of employment and which is due to a hazard of the employment and which is not caused by the intentional actions of the employee. This does not mean that any injury to an employee while at work is considered work related. There must be some hazard or factor of the work environment which is greater than faced by the general public. Any employee whose absence arises from a job related injury cannot be required to utilize earned sick leave, but may have his/her salary continued or reimbursed for up to 90 days of verified disability. However, before any reimbursement of pay can be authorized for an on the job injury, all documentation must be received by either the Employee Relations Office or the Office Nurse in Health Services. This includes the

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accident report and medical documentation for all periods of disability resulting from the accident. If the disability goes beyond the dates the doctor initially gave, then no pay will be authorized until medical documentation is received that verifies the continued disability. Job Related Injuries must be reported to the supervisor immediately (within 24 hours of occurrence). The employee’s administrator shall investigate the circumstances of the accident and question any witnesses. The accident report and any investigative report will be forwarded to the Employee Relations Office or the Office Nurse in Health Services. Light duty assignments, as established by the department to which the employee is assigned, can be utilized with the approval of the employee’s administrator. REMEMBER

• All job related incidents must be reported within twenty-four hours of the incident to the immediate supervisor.

• A completed Report of Injury/Accident form should be sent to Employee Relations and Health Services Nurse.

• The employee must be cleared by the Division of Human Resources prior to returning to work. • Light duty may be a reasonable accommodation under ADA.

RESIGNATION/RETIREMENT All resignation/retirements in the school system must be submitted to the Board for approval. Employee must meet with his/her immediate supervisor and complete the Resignation Notification of Intent to Leave System Employment form.

DISCRIMINATION The Board and its employees or agents shall not discriminate in any way on the basis of race, sex, religion, national origin, age or handicap. District guidelines are designed to support nondiscrimination and comply with all state and federal laws. Diversity will be maintained and promoted within the school system. Every supervisor will take an active role in promoting diversity in hiring and advancement. This is to be accomplished in both hiring and promotions by taking race into consideration as long as the candidates are similarly qualified. Race cannot be the predominate factor, but it can be considered if the candidates are similarly qualified. The federal fair employment practice laws prohibit discrimination in any aspect of employment, including discipline and discharge. It is not illegal to discipline or fire an employee who is a member of a protected group. It is only illegal when the motive is discriminatory. Federal fair employment practice laws require equal treatment for all employees regardless of protected factors. Providing more favorable treatment to members of protected groups is just as discriminatory as providing harsher treatment. The employer can be liable for reverse bias charges and for discrimination charges from other protected groups. Discriminatory discipline and discharge cases usually involve one of three situations: a protected factor, such as race or gender, played a role in the employment decision; the action would not have been taken "but for" the illegal discrimination; or an illegal motive, such as retaliation for filing a discrimination charge, was a substantial or significant factor in the employment decision.

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Sexual harassment is an insidious form of sex discrimination and is prohibited as any other form of racial or age discrimination. Principals should be constantly vigilant in regard to any form of sexual harassment or the creating of a hostile workplace. Principals should refrain from creating an unduly familiar relationship with any subordinate. Also, it should not have to be said, but principals should never ask subordinates on a date, to dinner, to a movie or to any other function. PRINCIPAL'S ROLE IN ENFORCING POLICY AGAINST HARASSMENT Sexual harassment violates the system's policy. Principals are responsible not only for avoiding harassing behavior themselves, but also for reacting to harassment when they see it or hear of it in the workplace. Principals must communicate the policy against harassment to the staff annually. It is everyone's responsibility to treat all coworkers with respect and to help prevent harassment, including sexual harassment. Additionally, principals need to recognize what constitutes harassment, including sexual harassment, and to handle problems promptly and effectively. Principals must take all complaints of sexual harassment seriously. If an employee describes behavior that could be harassment, the principal should listen to the employee's concerns and assure the employee that the complaint will be investigated and taken seriously. The principal's initial talk with the employee serves as the very first step of the investigation. The principal should get to know everything he/ she can about the incident. The principal should ask the employee if he/she knows of anyone else who might corroborate the incident. The principal should document the concerns of the employee and obtain written statements from all parties. The worst thing a principal can do is to pass judgment immediately or imply that the employee should put up with the behavior without complaining. If the system is made aware of harassment and fails to investigate, it could be liable for not doing all it could to prevent harassment in the workplace. The principal should notify the Employee Relations Personnel Administrator as quickly as possible when an employee describes behavior that could be harassment or when a principal thinks he/she sees behavior that could be harassment so that the investigative process may begin. If a supervisor sees or hears of anything that he/she thinks could be construed as harassment such as men jeering at or trying to touch women, employees posting lewd posters and graffiti, or pressuring employees for sexual favors, the principal must do what he or she can to make it stop. The principal needs to keep the Employee Relations Personnel Administrator apprised of any problems the principal sees and whether or not he/she has been able to resolve the problems.

PROGRESSIVE DISCIPLINE Progressive discipline provides a tool to insure consistent and fair treatment of employees who exhibit behavior or performance problems. In general, it works because the employee gets warned and a chance to change the offending behavior or performance. Once the principal has counseled with the employee through verbal warnings and written warnings, the principal will contact his/her personnel administrator. Depending on the severity of the conduct, Human Resources will conference with the employee. This provides several chances for the employee to improve the behavior or performance. However, serious misconduct gets no warnings. In practice, tardiness, absenteeism, or inadequate performance would be the subject of progressive discipline; while incidents of violence, child abuse, theft or vandalism may warrant immediate termination.

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The following sections discuss the progressive discipline process in more detail, starting with the initial warning, which is usually verbal, and may involve a counseling session with the employee's principal.

VERBAL WARNING/COUNSELING A verbal warning is more than just telling an employee what they need to do or how to do it. A verbal warning is a response to behavior, actions or failure to perform that occurs after an employee has been given adequate instruction in what his/her responsibilities are and how he/she is to perform those responsibilities.

If the employee has performance or behavior problems after ample training has been given, the principal should meet with the employee to discuss the issue and deliver a verbal warning that the discussed performance or behavior must not continue and that further disciplinary action will follow if the problem persists. Most performance or behavioral issues are cleared up through such counseling.

For counseling to be most effective, the meeting should be constructive, while making it clear that disciplinary procedures could be imposed in the future if improvement is not shown. The principal should try to get the employee to develop ideas on how to improve while trying to avoid imposing a solution. Good results are usually obtained through involving the employee in resolving the issue.

Also avoid arguing with the employee about any excuses for failing to meet system standards. The best approach is to listen to the excuses, then simply reiterate that the rule in question must be followed. If the employee seems to be having legitimate personal problems that are interfering with the employee's job, the principal can offer to set the employee up with an appointment with Employee Relations for referral to outside sources of help.

A record should be kept of the verbal warning and any further action. More than one verbal warning may be appropriate, especially in the case of the good employee suffering a temporary lapse in normal performance. For each verbal warning, the supervisor’s documentation should include:

1. The date of the counseling 2. A description of the violation 3. A summary of the discussion with the employee 4. The warning issued 5. Any time frame allotted for improvement

WRITTEN WARNING The next step is a written warning if the supervisor determines that verbal warnings have not gotten the message across. The written warning is solid documentation and should it be necessary, it will be part of the basis for further disciplinary action. The written documentation should be on school letterhead and clearly state the offense and the directive given to correct the offense. In a formal memo that will be entered in the employee's file, the principal should reiterate the issues discussed earlier, this time with emphasis on the seriousness of the offenses. The memo should:

1. Review the verbal warning 2. Describe the behavior that provoked the written warning 3. Outline the disciplinary steps to follow if the infractions continue 4. Describe the steps the employee must take to remedy the situation 5. Include a time frame for improvement

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The principal should indicate at the bottom of the memo that a copy will be sent to Human Resources for the employee’s personnel file. Although not necessary it would be a good idea to have the employee acknowledge this warning by signing and dating the file copy.

PLAN FOR IMPROVEMENT At the time of the written warning, the principal needs to work with the employee in developing a plan of improvement where a set time frame is given for demonstrated performance improvement. It is important that deadlines be built into the plan, but the deadlines do not have to be the same for all employees. Not only does this give the employee a goal but the principal also needs a date by which the employee will accomplish what is being asked. If the employee succeeds, the progression of disciplinary steps will come to a stop. If not, the next step in progressive discipline would normally be implemented when the deadline arrives.

FINAL WRITTEN WARNING Once it is determined that a final warning should be issued, the principal must involve Human Resources. The principal must submit the supporting documentation for review by the appropriate Personnel Administrator in Human Resources. Depending on the documentation and severity of the poor performance or behavior, a conference will be held with the employee, principal, and appropriate Personnel Administrator in Human Resources. A final written warning may be necessary at the end of this conference. If a final written warning is written, it will be exactly what it says. There will be no more warnings. The next time there is a similar infraction, the employee will be recommended for disciplinary action which could be anything up to and including termination.

SUSPENSION When all disciplinary actions short of suspension have failed to result in improvement, the next step in progressive disciplinary action is suspension without pay. This will usually be the employee's last opportunity to improve before termination proceedings. The principal must involve Human Resources and must submit the supporting documentation for review by the appropriate Personnel Administrator in Human Resources. Suspension is also used without any preceding verbal and written warning when a serious infraction has occurred, and the appropriate response (because of the seriousness of the wrongdoing) is immediate suspension. Suspension from work should be sufficient warning that the school system is serious about its performance standards. Each case is considered individually to determine whether a suspension would serve its purpose.

TERMINATION When all corrective efforts fail, termination will result. When no course of action has convinced the employee to improve, discharge is the final step. The principal must involve Human Resources and must submit the supporting documentation for review by the appropriate Personnel Administrator in Human Resources. It is reserved for only grave offenses or for continued willful violations of system rules. Termination should not be the result for minor or easily correctable offenses. Principals who interpret rules too strictly, impose excessive discipline, or enforce rules inconsistently invite morale problems.

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DOCUMENTATION All employees have the right to see every adverse document placed in their personnel file. A warning notice should not be placed in the employee's file without giving the employee a chance to see it and respond to it.

See Disciplinary Action Process in the appendix or on the website at www.mcpss.com. Click on Divisions; click on Human Resources; click on HR Forms and Procedures and look for Employee Handbook (under 4. Policy and Procedures).

PROGRESSIVE DISCIPLINE - DISCIPLINARY ACTION PROCESS The following process should be followed by all supervisors in disciplinary actions for all employees. This applies to tenured and non-tenured teachers and probationary and non-probationary support personnel. Documentation must be kept of all verbal warnings.

VERBAL WARNINGS 1. For minor infractions, there may be multiple verbal warnings. 2. For serious infractions, there may be possibly only one verbal warning. 3. For major infractions, there may be no verbal warning; it may be an immediate written warning

and/or referral to Human Resources for review for a possible conference. 4. For willful misconduct, there may be no verbal warning or written warning. There should be an

immediate referral to Human Resources for review for suspension or termination.

WRITTEN WARNING 1. For minor infractions, there may be several written warnings. 2. For serious infractions, there may be possibly only one written warning and/or referral to Human

Resources for review for a possible conference. 3. For major infractions, there may be a referral to Human Resources for review for a written

warning or a final written warning. 4. For willful misconduct, there will be no written warning; there should be an immediate referral to

Human Resources for review for suspension or termination.

FINAL WARNING 1. For minor, serious and major infractions, there will be a referral to Human Resources for review

for a written final warning and possible conference. 2. For willful misconduct, there should be an immediate referral to Human Resources for review

for suspension or termination.

SUSPENSION 1. For minor, serious, major or willful infractions there is a referral to Human Resources

for review for suspension or termination. a. Suspensions twenty (20) days or less do not require a Board hearing. b. Suspensions greater than twenty (20) days require a hearing before the Board.

2. All suspensions must be Board approved.

TERMINATION 1. In all instances where there is a recommendation for termination, there is a referral to Human

Resources for review for possible termination.

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PROGRESSIVE DISCIPLINE - DEFINITIONS

The following definitions are to be considered only as a guide. Depending on the severity of the action, infractions may move from one classification to another. As an example, the abusive language violation of an employee, which is listed under Minor Infractions, may be so severe that it should be treated as a Major Infraction. Violations may also move from the more severe to less severe. As an example, the physical abuse infraction listed under Willful Misconduct may be so insignificant that it should be treated as a Minor Infraction.

MINOR INFRACTION 1. Failure to perform satisfactory work 2. Failure to follow established work procedures 3. Disruption of the school/work environment 4. Tardiness 5. Infrequent absenteeism without valid excuse 6. Abusive or foul language 7. Offensive conduct 8. Loafing, loitering or sleeping on the job 9. Conducting personal business on system time 10. Unauthorized solicitation or distribution during working hours 11. Gambling on system property or on system time 12. Failure to follow system guidelines and procedures 13. Violation of the Dress Code policy 14. Insubordination of a minor nature 15. Any other conduct of which the magnitude or consequences are considered a minor violation of

conduct expected by the system

SERIOUS INFRACTION 1. Failure to follow directives of supervisor 2. Frequent tardiness 3. Frequent absenteeism 4. Repeated disruption of the school/work environment 5. Restricting work or interfering with the work of other employees 6. Intentional waste of system resources 7. Unauthorized possession of system property 8. Violating safety procedures or regulations posing no threat of injury or damage to property 9. Creating or contributing to an unsanitary condition 10. Insubordination which rises to the level of a serious infraction or is infrequently repeated 11. Repeated violation of minor infractions 12. Any other conduct of which the magnitude or consequences are considered a serious violation

of conduct expected by the system

MAJOR INFRACTION 1. Disorderly conduct 2. Immoral conduct on system time 3. Verbal abuse of children 4. Absence without notification for three or more consecutive days 5. Failure to return from leave of absence as released by the provider 6. Failure to follow directives of supervisor, thereby endangering students or employees 7. Improper use of system property or damage to equipment 8. Disclosure of confidential system information without authorization

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9. Intentionally or knowingly misrepresenting facts to a supervisor or other school official in the conduct of system business

10. Possessing firearms, weapons, explosives, etc., on system property 11. Violating safety procedures or regulations posing a minor threat of injury or damage to property 12. Horseplay or use of machinery, tools or equipment in a hazardous manner 13. Damage to system property through negligence 14. Any attempt to encourage or coerce a child to withhold information from the child’s parents 15. Insubordination which rises to the level of a major infraction or is frequently repeated 16. Repeated violations of minor or serious infractions 17. Any other conduct of which the magnitude or consequences are considered a major violation of

conduct expected by the system

WILLFUL MISCONDUCT 1. Violations of minor, serious or major infractions which have been repeated beyond the Final

Warning step in progressive discipline 2. Discrimination or Sexual harassment 3. Physical abuse of visitors, employees, parents or children 4. Violation of the drug/alcohol policy (zero tolerance) 5. Failure to maintain the appropriate credentials or certification required for the position 6. Starting an altercation or fight 7. Failure to follow directives of supervisor, resulting in injury to students or employees 8. Criminal offense on system property 9. Conviction of any felony or crimes involving moral turpitude 10. Falsification of system records or employment application 11. Violating safety procedures or regulations posing substantial threat of injury or damage to

property 12. Damage to system property through a willful decision or choice 13. Abandonment of job (failure to report to work without authorization) 14. Theft, illegally selling or conversion of system property 15. Insubordination which rises to the level of willful misconduct or is repeated beyond the final

warning step in progressive discipline 16. Repeated violations of minor, serious or major infractions 17. Any other conduct which does not meet the accepted standards of conduct of which the

magnitude or consequences warrant discharge (other good and just cause)

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APPENDIX Page Numbers

Pre-Employment Inquiry Guidelines – ............................................................................ 44 Acceptable and unacceptable inquiries when interviewing applicants

Sample Interview Questions – ......................................................................................... 47 Sample questions to use in interviewing applicants

*Employee Dress Code………….. (Found in the Employee Handbook) ................................. 51

Employee Recommendation Form (Phasing out in 2016-17) ............................................. 52 For use in requesting certified or classified employees

*Category II Request Form – ............................................................................................ 53 For use in requesting certified and HQ teacher for a long-term position.

*Category II Substitute Teacher Evaluation Form – ....................................................... 54 A short questionnaire on how the sub performed in your school.

*Teaching on Planning Period – ...................................................................................... 55 For use when there is a vacancy that will not be filled and where teachers have voluntarily said they would teach on their planning period for extra pay.

Clearance Cards for Substitutes .................................................................................... 56

*Resignation Notification or Intent to Leave System Form ........................................... 59 For use by employees when they are resigning their current position.

Employee Separation Checklist (Suggested) ................................................................. 60

Surplus Teacher Form ..................................................................................................... 61 To be completed in conjunction with the principal’s assigned Personnel Administrator in the spring when the teacher and employee allocation has been designated for the next school term.

Surplus Classified Employees Form ............................................................................... 62 To be completed in conjunction with the principal’s assigned Personnel Administrator in the spring when the teacher and employee allocation has been designated for the next school year.

Reduction in Force .......................................................................................................... 63

Students First Act ............................................................................................................. 66

General Guidelines for Disciplinary A ............................................................................. 67

Sample Staff Letters ......................................................................................................... 70

Documentation: What to Do and Not Do ........................................................................ 75

*MCPSS Employee Grievance Form................................................................................ 76

Request to Hire ……(New for 2016-17 School Year)....................................................... 77 For use in requesting certified or classified employees

*Forms found on our website. Go to www.mcpss.com.Click on Human Resources; Find and click on HR Forms.

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PRE-EMPLOYMENT INQUIRY GUIDELINES Following is critical information pertaining to questions that interviewers can ask that pass legal scrutiny. Any question that is related to the items listed under “Unacceptable” should always be avoided. Subject Acceptable Unacceptable Name Name

Acceptable Inquiry? “Have you ever used another name?” or, “Is any additional information relative to change of name, or nickname necessary to enable a check on your work and education record? If yes, please explain.”

Maiden Name

Residence Place of residence Questions about length of residence or home ownership

Age Statement that hiring is subject to verification that applicant meets legal age requirements “If hired, can you show proof of age?” “Are you over 18 years of age?” “If under 18, can you, after employment, submit a work permit?”

Age Birth date Dates of attendance or completion of elementary or high school Questions that tend to identify applicant’s age as 40 or older

Birthplace, Citizenship “Can you, after employment, submit verification of your legal right to work in the United States?” or statement that such proof may be required after employment

Birthplace of applicant’s parents, spouse, or other relatives “Are you a U.S. citizen?” or questions about citizenship of applicant, applicant’s parents, spouse, or other relatives Requirements that applicant produce naturalization papers or alien card prior to employment

Sex, Marital Status, Family Statement of system policy regarding work assignment of employees who are related

Questions that indicate applicant’s sex Questions that indicate applicant’s marital status Number and age of children or dependents Provisions for child care Name or address of relative, Spouse, or children of adult applicant “With whom do you reside?” or “Do you live with your parents?”

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National Origin Languages applicant reads, speaks, or writes “This position requires multilingual skills. What languages do you read, speak, or write?”

Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant or applicant’s parent or spouse “What language is spoken at home?” or “Language commonly used by applicant” How applicant acquired ability to read, write, or speak a foreign language

Race, Color Questions as to applicant’s race or color Questions regarding applicant’s complexion or color of skin, eyes, hair

Physical Description, Photograph Statement that photograph may be required after employment

Questions as to applicant’s height and weight Require applicant to affix a photograph to application Request applicant, at his or her option to submit a photograph Require a photograph after interview but before employment

Physical Condition, Disabilities Statement by employer that offer may be made contingent on applicant passing a job-related physical examination “Can you perform the duties and functions of the job you have applied for?” “Will you be able to attend work on a regular basis?”

Questions regarding applicant’s general medical condition, state of health, health history, illnesses, or accidents Questions regarding receipt of workers’ compensation or history of filing claims “Do you have any physical disabilities or handicaps?”

Pregnancy Inquiries about pregnancies, medical problems or conditions associated with pregnancy, or current or future childbearing plans

Religion Statement by employer of regular days, hours, or shifts to be worked

Questions regarding applicant’s religion Religious days observed or “Does your religion prevent you from working weekends and holidays?”

Military Service Questions regarding relevant

skills acquired during applicant’s U.S. military service

General questions regarding military services such as dates and type of discharge

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Questions regarding reserve or guard status or future anticipated military duties or service Questions regarding service in foreign military

Financial Status Questions regarding applicant’s current or past assets, liabilities, or credit rating, including those dealing with bankruptcy or garnishment

Arrest, Criminal Record “Have you ever been convicted of, plead guilty or no contest (nolo contendere) to, or received probation, suspension, or deferred adjudication for a felony or an offense involving moral turpitude (including, but not limited to, theft, rape, murder, swindling, and indecency with a minor)? If yes, please state where, when, and the nature of the offense.” Include a statement that conviction will not necessarily disqualify applicant from the job for which he or she applied.

Arrest record or “Have you ever been arrested?”

Bonding Statement that bonding is a condition of hire

Questions regarding refusal or cancellation of bonding

Organizational Membership “Please list job-related organizations, clubs, professional societies, or other associations to which you belong. Omit those that indicate your race, religious creed, color, national origin, ancestry, sex, or age.”

“List all organizations, clubs, societies, and lodges to which you belong.”

References “By whom were you referred for a position here?” Names of persons willing to provide professional or character references for applicant

Questions that elicit information specifying the applicant’s race, color, creed, national origin, ancestry, physical disability, medical condition, marital status, age, or sex

Notification in Case of Emergency

Name and address of person to be notified in case of accident or emergency after candidate has been hired

Name and address of relative to be notified in case of accident or emergency

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SAMPLE INTERVIEW QUESTIONS

The following list of sample interview questions is provided to facilitate interview planning. The questions are grouped into the following areas: All-purpose Instructional Administrative ALL-PURPOSE FOR ALL EMPLOYEES EDUCATION The interviewer assesses whether the candidate possesses appropriate academic background and a record of academic accomplishment.

1. What determined your choice of a major field or fields? 2. What courses did you get the most out of? Why? 3. What courses gave you the most difficulty? Why? 4. If you had the opportunity to do it all over again, what would you do differently in college?

Would you choose the same major? Why? 5. What extracurricular activities did you participate in? What did you learn that you could apply

to work? 6. What would your instructor say about you?

WORK EXPERIENCE The interviewer seeks to determine whether the candidate possesses experience and skills relevant to the job opening. What have you done in previous jobs that would qualify you for this position? Tell me about your current position. Describe your activities on a typical day. What were some of the problems you encountered on the job, and how did you solve them? Describe the most significant project you have worked on. Give two examples of things that you have done in your previous jobs that demonstrate your willingness to work hard. What would your previous supervisors tell me about your attendance? Punctuality? Performance? Tell me about your participation in school committees and extracurricular activities as an employee. COMMUNICATION The interviewer seeks to determine whether the candidate has the ability to present facts and ideas in a clear, concise, and logical way.

1. What makes you a good communicator? 2. Describe yourself using language that others would say about you. 3. How do you prepare for an oral presentation? 4. Describe how you would present an idea to your supervisor for approval. 5. Tell me about a time when you were able to convince your colleagues to see things your way.

ABILITY TO LEARN The interviewer seeks to determine the candidate’s skills at assimilating and applying new, job-related information.

1. What new things did you have to learn in your last job? 2. What was the most difficult thing to learn about your job? How did you do it? 3. What new things would you most like to learn? 4. Tell me about a time when you had to overcome a major obstacle to meet a challenge at work. 5. Do you feel that you did your best in school? If yes, what motivated you? If no, why not? 6. Are your grades a good indicator of what you learned in school?

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GOAL SETTING The interviewer seeks to determine whether the candidate sets high goals or standards of performance for self, subordinates, others, and the organization.

1. What type of work assignments do you find the most motivating? 2. What makes you an above-average performer? 3. Give examples of how you have improved your productivity in previous positions. 4. How do you develop and prioritize your goals? 5. What do you expect to be doing two years from now? Five? How do you plan to achieve this?

PLANNING, ORGANIZATION, AND INITIATIVE The interviewer assesses the candidate’s ability to be self-directed and effectively set priorities and manage time.

1. How do you stay organized? 2. How do you accommodate unforeseen changes? 3. How do you plan your daily activities? 4. Give me an example of a project that required extensive planning and organizing. Describe

how you did it. 5. How do you catch up on a backlog of work after a convention, workshop, or vacation? 6. What methods do you use to ensure you complete assignments? 7. Tell me about a project you initiated. 8. What risks did you take in your last job? 9. Tell me about a suggestion you made to improve something at work.

PROBLEM SOLVING AND DECISION MAKING The interviewer assesses the candidate’s skills at making decisions based on logical assumptions reflecting factual information.

1. Describe your decision-making process. 2. When and how do you include others in your decision making? 3. Describe a difficult decision you have made and the effects of that decision. 4. What kinds of decisions are the most difficult for you to make and why? 5. What kinds of problems are you best at solving? 6. Describe the types of decisions you have made in your last position.

ADAPTABILITY The interviewer attempts to learn the candidate’s willingness to adjust to and learn about new situations or ideas, or acceptance of unstructured situations.

1. What adjustments have you made to adapt to someone else’s work style? 2. Tell me about a time when your work priorities were changed in midstream and how you

managed the change. 3. How do you manage stressful job-related situations? Give an example. 4. Under what kind of conditions do you do your best work? 5. How has your current job changed while you’ve held it?

MOTIVATION The interviewer seeks to determine the candidate’s attitude toward work and the conditions he or she desires in a position.

1. Which of your past jobs did you like the best? Why? 2. What aspects of your current job do you like the most? Least? 3. How do you feel about the workload of your last job? 4. Why are you thinking of leaving your current position? Why did you leave your last position? 5. What does this job offer that your last job did not?

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6. Why are you interested in working for our School System? 7. What could your last employer have done to convince you not to leave? 8. What three things in your last job gave you the most satisfaction? 9. What three things are the most important considerations to you in accepting a new job?

INSTRUCTIONAL TECHNIQUES The interviewer assesses the candidate’s knowledge and experience in implementing instructional techniques.

1. Tell me how you provide for students’ individual differences. 2. What techniques have you used to teach critical thinking skills? 3. What would you expect your students to gain from having had you as a teacher? 4. Describe how you have used technology in your instruction. 5. Define multicultural education and give examples of how you incorporate it in your instruction. 6. How would you make effective use of aides in your classroom? 7. How would you modify instruction for a poor reader in your subject area? 8. What type of instruction have you found to be effective for academically talented students? 9. What is your experience with inclusion of special education students?

10. How do you motivate your students? 11. Tell me how you’ve made your subject more fun and exciting you’re your students. EVALUATION The interviewer assesses the candidate’s ability and experience in evaluating student progress.

1. How do you assess your students’ performance/achievement levels to determine the appropriate level of instruction?

2. How do you help your students experience success? 3. Describe the methods you use to evaluate student progress. 4. Tell me how you monitor your students’ understanding during delivery of instruction. 5. Tell me about a time when the majority of students in your class failed a test. How did you

feel? What did you do? PARENT AND STUDENT COMMUNICATIONS The interviewer assesses the candidate’s ability and experience in communicating with parents and students.

1. How would you communicate with parents to report on student progress, problems, and classroom activities?

2. Describe how you would respond to a parent who is angry about something that happened in your class or at school.

3. How would you respond if a parent asked you to change a grade? 4. How would you communicate with a student who is performing below his or her academic

potential? 5. Describe how you manage relationships with students outside of the classroom. 6. Tell me about a time when a student shared a personal problem with you in confidence. How

did you react and what did you do to follow up? 7. How do you support students in activities or interests outside of the classroom? 8. How do you build rapport with your students?

PROFESSIONAL DEVELOPMENT The interviewer attempts to determine whether the candidate assesses his or her performance and continues professional development.

1. How do you keep up with developments in your subject area? 2. What are your sources of instructional ideas? 3. What is the most exciting thing going on in education today?

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4. Tell me about a staff development program or training that you have participated in, how you benefited from it, and how you implemented what you learned in the classroom.

5. Describe the process you use to determine your professional development activities. CLASSROOM MANAGEMENT The interviewer attempts to determine the candidate’s time management and organization skills and ability to develop and administer a discipline management program.

1. Describe the system you use to manage behavior in the classroom. 2. What are the essential components of any behavior management system? 3. Tell me about a time when a student challenged your authority. How did you handle the

situation? 4. Describe what you would do if the students in your classroom became disruptive and normal

management techniques were not effective. 5. How would your students describe your classroom management style? 6. How do you ensure your students are on task? 7. How do you respond when students are not able to meet your established deadlines? 8. Describe how you organize your time in order to complete necessary reports, lesson plans,

and other paperwork. 9. Describe how you develop, record, and use lesson plans.

10. Describe the sequential steps you include in your lesson plans.

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EMPLOYEE DRESS CODE 6.122 This policy covering employee dress code and appearance is established in order to uplift, enhance and promote the professional image of the school system. These guidelines should be reviewed by supervisors with the staff members each year before the opening of school. In departments where uniforms or uniformity in dress is prescribed by the Board of School Commissioners, all effected personnel are required to abide by direction and procedure. All employees (professional, administrative and support personnel) should be professionally and appropriately attired when representing the school system or conducting school system business. Schools or departments may adopt a voluntary dress code for uniforms. Immediate or site supervisors may approve exceptions on this code for special or occasional activities. Reasonable accommodations should be made for religious beliefs if such accommodations would not duly interfere with the effective functioning of the schoolroom. Restrictions: An employee’s dress may not be so unusual, inappropriate, or lacking in cleanliness that it clearly disrupts classroom or learning activities. Examples of attire considered inappropriate for school employees include but are not limited to:

o Jeans (except for custodians and bus drivers and as allowed for special occasions or special work as approved by the immediate or site supervisor)

o Overalls o Shorts (except for P.E. teachers and bus drivers) o Athletic type shoes (except as allowed for special occasions or special work as approved by

the immediate site supervisor) o Spandex or bicycling type attire as outer wear o Visible piercing except to ears o Clothing that is provocative, revealing, indecent, vulgar or obscene o Blouses or shirts with low necklines, bare midriffs and excessively tight clothing o Shirts without collars for men o Visibly torn or ragged attire o Sweat suit-type attire except for P.E. teachers, bus drivers and custodians) o Footwear that is considered beachwear (flip flops) soft plastic (Crocs), bedroom slippers or

slippers (Any footwear that may cause injury to the wearer or others must not be worn) o Clothing which promotes alcoholic beverages, tobacco, or the use of controlled substances by

words or symbols o Clothing that contains profanity or nudity, depicts violence, or is sexual in nature by words or

symbols o Undergarments worn as outer garment or see-through clothing o Tattoos that are indecent, vulgar, obscene (Such tattoos must be covered by clothing) o Clothing that promotes or includes logos of K-12 schools outside of the Mobile County Public

School System o Any item of clothing or jewelry that creates a disruption of the school environment/learning

activities or that poses a threat to the safety and well-being of students or staff Each department/school will evaluate this policy at the end of the school year. The Superintendent or her/his designee will review the results of these evaluations and present changes to the board as appropriate. Date Adopted: December 11, 2007 Date Revised: September 25, 2013

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PERSONNEL REQUEST FORM

Complete ALL portions of this Form

CERTIFIED CLASSIFIED

School/Department: _______________________________________ Date: __________________

New Unit _________ Vacancy _________ Advertised Position: _______________________

Recommended: __________________________________________ Start Date:_____________________

Name

New Hire Current Employee Current Assignment: _________________________

Replacing: ______________________________________________ End Date: ______________________ Name Retired Left System Moved Transferred Other

Funding Source: Foundation _____ Title I _____ Title II _____ Local _____ Other_____

Code: _ _ - _- _ _ _ _ - _ _ _ - _ _ _ _ - _ _ _ _ - _ - _ _ _ _ - _ _ _ _

SUBMIT A POSITION CONTROL FORM IF THIS IS A NEWLY CREATED POSITION

Applicant’s Interviewed (Minimum of Three)

_________________________________________ _______________________________________

_________________________________________ _______________________________________ Principal/Department Head Signature: _________________________________ _________________

Date

FAX COMPLETED FORM TO APPROPRIATE HR PERSONNEL ADMINISTRATOR ELEMENTARY Fax MIDDLE Fax HIGH Fax

Lisa Nell 221-6534 Nina Hayes 221-6536 John Powell 221-6533

Alan Dailey 221-6535

BEING PHASED OUT IN 16-17

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CATEGORY II REQUEST FORM CERTIFIED SUBSTITUTE TEACHER Revised 10/11

Important Notes for School Administration & Substitute:

All requests for Category II Substitutes must be pre-approved by the Division of Human Resources prior to the first day worked. Do not commit to pay the higher rate of pay until approved by Human Resources. Category II Substitute must be certified and highly qualified in the grade level or subject matter of the assignment. Substitutes must present School Administration with a Professional Substitute Card. Substitute must serve for the same teacher for more than 20 consecutive days before Category pay begins. Pay will be retroactive to the first day worked and will be paid on the regular payday for the attendance period in which the 21st day is met.

Name of School:_________________________________________________________________

Name of Category II Substitute Teacher:__________________________________________________________

Employee Number: ____________________ Date Assignment begins:________________________________

Information on Teacher the Substitute is replacing

Name:______________________________________ Assignment:____________________________________ (Sub must be certified and HQ in this grade level or subject matter

Reason for absence:_________________________________ Request for Leave on file:____________________

Last day worked:____________________________ Anticipated return:_______________________________ (Sub should not teach in this position for longer than one semester) ___________________________________________ _____________________________________ Principal’s Signature Date ----------------------------------To be completed by the Division of Human Resources----------------------------------- _________ Valid Alabama Teacher Certificate ____________ Area of Certificate _________ Background Check Reviewed ____________ Area of HQ Determination _________ Active Professional Sub Card ____________ Notified Clerk of Leave ___________________________________ ____________________________________ Personnel Administrator Date Approved

Notified School of approval Verified sub worked 20 consecutive days Absent-Use date of:____________________ Disapproved Reason:_______________________________________________________________________ Notified Principal of Disapproval

Date Authorization to Payroll:______________ Attn:____________________ Pay $120.00 per day retro to:_________________________

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For questions relating to this form call Phone: 221-4515 Form should be Faxed to: 221-6264

CATEGORY II SUBSTITUTE TEACHER EVALUATION FORM Re:

The above referenced substitute has recently worked in your school as a Category II Substitute Teacher. Please complete this confidential evaluation based on your observation. This form will be placed in her/his personnel file and used in consideration of future long term substitute positions as well as a regular teaching position.

PLEASE CIRCLE THE APPROPRIATE NUMBER

EXCELLENT GOOD FAIR POOR 1. Personal Grooming 4 3 2 1 2. Demonstrates Knowledge of Subject Area 4 3 2 1 3. Punctual 4 3 2 1 4. Ability to Work With Others 4 3 2 1 5. Emotional Stability 4 3 2 1 6. Completes Job Requirements 4 3 2 1 7. Uses a Variety of Instructional Techniques 4 3 2 1 8. Stays on Task 4 3 2 1 9. Manages Student Behavior 4 3 2 1 10. Sympathetic Understanding of Children 4 3 2 1

REMARKS: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________ Principal’s Signature/Date

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CLEARANCE CARDS FOR SUBSTITUTES

REGULAR SUBSTITUTE TEACHER CLEARANCE CARD

NON-CERTIFIED RETIRED TEACHER CLEARANCE CARD (BLUE)

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PROFESSIONAL SUBSTITUTE TEACHER CLEARANCE CARD (GREEN)

CLASSIFIED SUBSTITUTE CLEARANCE CARD

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SUBSTITUTE NURSE CLEARANCE CARD

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Date

EMPLOYEE SEPARATION CHECKLIST (suggested)

SUPERVISOR: Please ensure the following required information is completed.

Name_____________________________________________________________

Employee Number__________________________________________________

Address*__________________________________________________________

Last Day Worked____________________________________________________

School____________________________________________________________

*Is this a change of address? Yes_____ No_____

Checkout Procedures: (Review/discuss the following. Check box as item is completed. All items must be addressed. N/A = Not Applicable X = Item Returned

______Keys ______Equipment ______Radios

______Cell Phone ______Parking Permits ______Tools

______Books ______Resource Material ______Other

______Grade Book(s) ______ID Badges

______Resignation Form is completed and original sent to Human Resources

NOTICE: Any district property not returned will result in the cost of the item being deducted from the employee’s final paycheck. Cost of item(s): $_________________

___________________________________ ________________________________

Employee’s Signature Supervisor’s Signature

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SURPLUS TEACHERS

SCHOOL______________________________________________________________

The following teachers have been identified for staff reduction.

NAME CERTIFICATION EMPLOYEE #

NON-TENURED TEACHERS

1. _____________________________________ ___________________________ _________________

2. _____________________________________ ___________________________ _________________

3. _____________________________________ ___________________________ _________________

4. _____________________________________ ___________________________ _________________

5.______________________________________ ___________________________ _________________

6.______________________________________ ___________________________ _________________

7. ______________________________________ ___________________________ _________________

8. ______________________________________ ___________________________ _________________

TENURED TEACHERS

1. _____________________________________ ___________________________ _________________

2. _____________________________________ ___________________________ _________________

3. _____________________________________ ___________________________ _________________

4. _____________________________________ ___________________________ _________________

5.______________________________________ ___________________________ _________________

6.______________________________________ ___________________________ _________________

7. ______________________________________ ___________________________ _________________

________________________________________________________ __________________________ Signature of Principal Date

________________________________________________________ __________________________ Signature of Personnel Administrator Date

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SURPLUS CLASSIFIED EMPLOYEES

SCHOOL______________________________________________________________

The following classified employees have been identified for staff reduction.

NAME POSITION EMPLOYEE #

Probationary Employees

1. _____________________________________ ___________________________ _________________

2. _____________________________________ ___________________________ _________________

3. _____________________________________ ___________________________ _________________

4. _____________________________________ ___________________________ _________________

5.______________________________________ ___________________________ _________________

6.______________________________________ ___________________________ _________________

NON-PROBATIONARY EMPLOYEES

1. _____________________________________ ___________________________ _________________

2. _____________________________________ ___________________________ _________________

3. _____________________________________ ___________________________ _________________

4. _____________________________________ ___________________________ _________________

5.______________________________________ ___________________________ _________________

6.______________________________________ ___________________________ _________________

________________________________________________________ __________________________ Signature of Principal Date

________________________________________________________ __________________________ Signature of Personnel Administrator Date

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REDUCTION IN FORCE

A reduction in force may take place when the board determines that a financial exigency, program change, serious natural disaster or other legitimate business reason requires the reduction of personnel through contract termination and approves acting under this policy. Such a determination constitutes the necessary cause for dismissal. Prior to the implementation of a reduction in force, the board will determine, upon the recommendation of the Superintendent, the organizational levels/areas to be reduced. The board should determine whether organizational levels/areas (i.e., elementary, food service) are to be considered distinct categories. The personnel within these levels may be considered separately (i.e., elementary and secondary, physical education, music, etc.). In addition, the superintendent will, to the extent possible, use attrition and non-renewal to achieve staff reduction. The superintendent’s recommendation will address the organizational areas(s) or level(s) to be reduced, the level of employees to be affected and the particular employees to be terminated. Irrespective of a reduction in force, if a non-tenured or probationary employee is non-renewed in accordance with state law, this policy does not apply to those individuals and in such circumstances, there will be no right to recall pursuant to this policy. This policy applies to nontenured and probationary employees only to the extent that the individual would have been rehired by the school the following year but for the reduction in force. Otherwise, non-tenured and probationary employees are not granted any retention or recall rights by this policy except as provided under state law. Unless there are no qualified tenured or non-probationary employees for a particular position, non-tenured and probationary employees will be reassigned or terminated before any tenured or non-probationary employee. Certified Employees

1. Tenured Employees

Non-tenured employees will be reassigned or terminated prior to tenured employees except as follows. Non-tenured employees will be retained when a tenured employee is terminated only if the tenured employee is not legally qualified (based on state certification and federal highly qualified standards) to teach in the position the non-tenured employee occupies. If more than one legally qualified tenured employee is being considered for dismissal, the following criteria, in the order stated, will be used to determine which will be retained:

a. Highly qualified status. A tenured employee who is highly qualified for the position under federal guidelines will be given consideration over a tenured employee who is not highly qualified for the position.

b. Certification in a teaching position which is being retained and is open. A tenured employee with regular (non-provisional) certification for the retained position will be given consideration over a tenured employee with a provisional certification.

c. Seniority in continuous, uninterrupted, full-time certified employment with the board, beginning on the date employed.

d. Effectiveness as reflected by the three most recent performance evaluations. e. Professional education and work experience related to the current or projected assignment.

If, based upon these factors, two or more tenured faculty are equally qualified for the position, then lots will be drawn.

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Any tenured employee terminated or demoted pursuant to this policy shall have a one-time recall right to a position for which he or she is certified and legally qualified for one calendar year from the effective date of his or her termination or demotion. Tenured teachers dismissed through staff reductions will, for one year, be offered re-employment if legally qualified and competent in the area of need in reverse order of dismissal before non-tenured teachers in the same teaching area are added to the staff. If a former employee refuses any offer of employment pursuant to this provision, his or her right of recall is forfeited.

2. Non-Tenured Employees Again, this policy in no way gives non-tenured employees a contractual right to employment. The state law right to non-renew remains with the board in all respects. However, if a reduction in force is declared by the board and the principal of a particular school designates a non-tenured employee as an individual that would have been rehired but for the reduction in force, that employee shall have a one time recall right to a position for which he or she is certified and legally qualified for one calendar year from the effective date of his or her termination or demotion that resulted only because of a reduction in force IF there is no tenured employee legally qualified based on state certification and federal highly qualified standards to teach in the position wherein an employee is to be recalled. In such a circumstance, the following criteria shall be followed:

a. Highly qualified status. A non-tenured employee who is highly qualified for the position under federal guidelines will be given consideration over a non-tenured employee who is not highly qualified for the position.

b. Certification in a teaching position which is being retained and is open. A non- tenured employee with regular (non-provisional) certification for the retained position will be given consideration over a non-tenured employee with a provisional certification.

c. Seniority in continuous, uninterrupted, full-time certified employment with the board, beginning on the date employed.

d. Effectiveness as reflected by the three most recent performance evaluations. e. Professional education and work experience related to the current or projected assignment.

Support Employees 1. Non-Probationary Employees Probationary employees will be reassigned or terminated prior to non-probationary employees except as follows. Probationary employees will be retained when a non-probationary employee is terminated only if the non-probationary employee is not qualified by experience and/or education to occupy the position the probationary employee occupies. If more than one non-probationary employee is considered for dismissal, the following criteria in the order stated will be used to determine which employee will be retained:

a. Seniority in continuous, uninterrupted, full-time employment with the board beginning on the date employed.

b. Effectiveness as reflected by the three most recent performance evaluations. c. Education and work experience related to the current or projected assignment.

If, based on these factors, two or more non-probationary employees are equally qualified for the position, then lots will be drawn. Any non-probationary employee terminated or demoted pursuant to this policy has a one-time recall right to the position from which he or she was terminate or demoted for one calendar year

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from the effective date of his or her termination or demotion, in reverse order of the dismissal or demotion. If a former employee refuses any offer of employment pursuant to this provision, his or her right of recall is forfeited. 2. Probationary Employees Again, this policy in no way gives probationary employees a contractual right to employment. The state law right to non-renew remains with the board in all respects. However, if a reduction in force is declared by the board and the principal of a particular school designates a probationary employee as an individual that would have been rehired but for the reduction in force, that employee shall have a one time recall right to a position for which he or she is certified and legally qualified for one calendar year from the effective date of his or her termination or demotion that resulted only because of a reduction in force IF there is no nonprobationary employee qualified with the appropriate experience and education for the position wherein an employee is to be recalled. In such a circumstance AND if more than one probationary employee is considered for retention, the following criteria in the order stated will be used to determine which employee will be retained:

a. Highly qualified (HQ) status if required for the position. b. Continuous uninterrupted, full-time employment with the board beginning

on the date employed. c. Highest score as reflected by the most recent performance evaluation. d. Education and work experience related to the current or projected

assignment.

Date Adopted: December 11, 2007

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STUDENTS FIRST ACT

All school system personnel are deemed to be either “certified” or “classified” employees and are generally defined as to whether they are directly involved in teaching children or support the general operations of the system. The certified employees are teachers or those individuals who occupy jobs that require state teacher certification. These are usually individuals such as teachers, principals, and administrators who deal directly within the educational context of the system. The classified employees are those individuals who provide support to the educational endeavor of the system and who occupy jobs that do not require state teacher certification. These employees are not involved in teaching or school administration and hold jobs such as cafeteria workers, bus drivers, maintenance personnel, clerks, and other jobs that do not require a teaching certification. CERTIFIED EMPLOYEES Certified employees, except for contract principals, are either tenured or non-tenured. Educators obtain tenure when they work as a teacher for three complete, consecutive years of full-time employment unless the governing board approves and issues written notice of termination to the teacher on or before the last day of the third complete, consecutive year of employment. A complete year is deemed to include employment only begun prior to October 1. A non-tenured employee may be terminated at any time during the first three years of employment. The employee will not be given a reason for the termination. A tenured employee may be terminated only for good and just cause. A proposed termination gives the employee a right to a hearing before the Board in order to determine if the system may terminate or transfer the tenured employee. CLASSIFIED EMPLOYEES Classified employees are either non-probationary or probationary. Classified employees obtain non-probationary status when they have worked for three complete, consecutive years of full-time employment unless the governing board approves and issues written notice of termination to the employee on or before the fifteenth day of June immediately following the third complete, consecutive year of employment. A complete year is deemed to include employment only begun prior to October 1 A probationary support employee may be terminated at any time during the first three years of employment. The employee will not be given a reason for the termination. A non-probationary employee may be terminated only for good and just cause. A proposed termination gives the employee a right to a hearing before the Board in order to determine if the system may terminate the non-probationary employee. GOOD AND JUST CAUSE REASONS FOR TERMINATION Supervisors have the responsibility to recommend removal from employment any person that cannot do his/her job. It reduces the efficiency of our operations and creates low morale and low performance for other employees if certain people are allowed to get away with not doing their job properly. The following causes for cancellation of the contract for a certified or classified employee are contained in the Students First Act.

1. Incompetency 1. Insubordination 2. Neglect of duty 3. Immorality 4. Failure to perform duties in a satisfactory manner 5. Justifiable decrease in the number of positions 6. Other good and just cause

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GENERAL GUIDELINES FOR DISCIPLINARY ACTION OF EMPLOYEES

PREVENTIVE MEASURES 1. Communicate expectations to all employees .

a. Go over the job description with each employee and have him/her sign a copy of the job description.

b. Go over employment policies, including the standards of conduct. 2. Recognize good performance as a way to prevent performance problems. 3. Be consistent and fair when determining the disciplinary action to be taken and ensure that similarly

situated employees are treated consistently.

ADDRESSING PERFORMANCE PROBLEMS 1. Review any policies or written guidelines on the specific performance issue involved before discussing

the problem with the employee. 2. Ensure all action taken is grounded in job-related factors only. 3. Take corrective action immediately after a problem occurs (e.g., violation of district policies,

procedures, or supervisor’s instructions). 4. Consider the following to ensure the disciplinary action taken fits the problem.

a. Seriousness of the offense. b. Employees past record and length of service. c. District’s practice in similar cases. d. Mitigating or aggravating circumstances.

5. Conduct a thorough investigation if necessary. a. Examine all the facts and clearly determine that a violation has occurred. b. Interview witnesses and others with knowledge of the situation. c. Consider obtaining written statements of the conflicting stories.

DISCIPLINARY CONFERENCE

1. Meet privately with the employee to ensure he/she is not disciplined in the presence of co-workers. 2. Use a constructive, not punitive, approach and continually reinforce the position that you are trying to

solve a problem. 3. Use the following format to conduct a disciplinary conference.

a. Describe the facts as you know them and the seriousness of the problem. b. Give the employee an opportunity to respond and explain. c. State the specific change in performance that is required. d. Seek the employee’s ideas or solutions to the problem and discuss options that are offered. e. Inform the employee of the measures to be taken to resolve the problem, as well as the time

frame involved. f. Express confidence in the employee’s ability to improve and end the meeting positively.

DOCUMENTATION AND FOLLOW-UP

1. Complete the appropriate documentation, obtain signatures, and provide the employee an opportunity to add comments and a copy of the document.

2. Explain to the employee that his/her signature only serves as acknowledgment that the employee has been notified of the performance problem and received the documentation. The employee’s signature does not represent agreement or disagreement with the contents or action taken.

3. If the employee refuses to sign the document, note the refusal on the document, initial your note and proceed with the disciplinary process.

4. Follow up to determine if the problem has been corrected or if additional disciplinary actions must be taken.

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5. Recognize improved behavior as it occurs.

PERFORMANCE APPRAISALS 1. Review documentation of disciplinary actions in an employee’s personnel file when preparing for

annual performance appraisals and record repeated performance problems on the formal appraisal instrument.

2. Use the performance appraisal process to reinforce positive attitudes and accomplishments, identify performance problems, and develop improvement plans.

EMPLOYEE RIGHTS

1. Remember that any employee who believes that the corrective action taken by the supervisor is unfair may present a grievance under the district’s employee grievance policy.

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CHECKLIST FOR DISCIPLINING AN EMPLOYEE

In determining whether disciplinary action is to be taken, particularly termination, principals should review the following issues. These questions are furnished to help avoid mistakes in disciplinary decisions. This checklist will help to determine whether there is just cause for disciplining an employee. All questions need not be addressed as each incident has its own peculiarities. This list is only a guide; however supervisors should adhere to the general principal of progressive discipline when applicable:

EMPLOYEE: DATE:

1. Was the employee given sufficient warning about his/her behavior? When? _______

2. Was it made clear what the penalty would be if the behavior continued? When and whether verbal or written?

3. What effort was made to determine whether the employee did, in fact, break the rules? What happened? _______

4. Does the employee's behavior hamper the orderly, efficient, or safe operation of the department/school? How? ______________________

5. Are rules and policies enforced consistently and without discrimination? _______ 6. Was a fair and objective investigation conducted? _______ 7. Is there enough documentation to show that the employee violated policy or procedure?

8. Is there enough documentation to show that the employee performed poorly enough to justify discipline?

_______ 9. What documentation is there and when was it written?

10. Does the penalty fit the offense? Has the employee's record of service versus the severity of the incident been considered? ____________________

11. Is the employee's performance or behavior bad enough to justify discharge?

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Sample Memo of Summary of Verbal Warning

To: Joe Employee

From: Mary Supervisor

Re: Summary of Verbal Warning Conference

Date of Incident: April 23, 2013 Date of Conference: April 27, 2013

Incident: On April 23rd, you were over a half hour late to work for the seventh time this month.

Summary of Conference: I explained to you that I understood that you have been having trouble with your car, but that we had to have you at work on time as it creates problems and interferes with the efficient operation of the school. You assured me that you will correct the situation. I advised you that I would expect no more tardiness for the rest of the school year. You agreed, advising me that you would not be late again.

John Smith

Principal

Receipt Acknowledged

_________________________ ________________

Signature Date

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Sample Memo Warning of Excessive Absenteeism

To: Joe Employee

From: Mary Supervisor

Re: Written Warning for Excessive Absenteeism

We've talked about your attendance problems twice in the past six months. Since you haven't maintained satisfactory attendance after these verbal warnings, I must give you this formal written warning that you must improve your attendance or risk further disciplinary action.

According to system records, you've been absent 46 days between January 1st and June 20th: There were 22 excused absences without pay, and 8 excused sick days with pay. This leaves 16 days of unexcused absences without pay for which there were no reasons provided. That is considered excessive and it is unacceptable.

During our last discussion on May 25, you agreed to:

1. Take advantage of the system's Employee Assistance Program. 2. Resolve your commuting problems by fixing your car. 3. Find a reliable person to care for your child.

I said that I would give you a reasonable amount of time, four weeks, to make the necessary adjustments. Now you must show your commitment to your job. From this date on, there must be no more unauthorized absences or you will face disciplinary action up to and including termination.

I still hope this won't be necessary, and I remain willing to discuss any problem you have.

John Smith

Principal

Receipt Acknowledged

_________________________ ________________

Signature Date

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Sample Memo on Work Performance

To: Joe Employee

From: Mary Supervisor

Re: Work Performance

This is to apprise you of deficiencies in your work performance.

1. Tardiness It is noted that you often have 2-3 days of tardiness a week. Specifically, in the last month, July 5, July 7, July 12, July 14, July 16, July 19, July 20, July 23, July 26, and July 28.

2. Absenteeism In the past year you were absent 28.5 unpaid days out of the 240 days you have been employed.

3. Personal Calls You appear to have too many personal phone calls at work. Personal phone calls should be kept to a minimum.

4. Excessive Visiting of Co-workers You appear to have too many instances of personal visiting by and to co-workers. It is your responsibility to keep these visits to a minimum, especially with the employees who are not in our department and with whom you have been observed talking about personal matters for extended periods of time.

5. Unacceptable Performance of Duties Your performance does not meet the job requirements. I have had numerous conferences with you since the start of the school year about unsatisfactory job performance. I have given you a summary of each of these conferences. At the beginning of last week there were 17 student reports not processed, with 13 of them two weeks overdue. Unless you improve your work, I can only assume that you are not capable of satisfactory performance of your assigned duties.

I must see immediate dramatic improvement within the next couple of weeks. You must perform up to the standards of the position. If you are unable to satisfactorily perform your job duties, disciplinary action up to and including termination may result.

John Smith

Principal

Receipt Acknowledged

_________________________ ________________

Signature Date

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Sample Memo on Declining Work Performance

To: Joe Employee

From: Mary Supervisor

Re: Declining Work Performance

Since our last counseling session on January 6th, your performance has declined steadily and has become unacceptable. You have not improved in any of the areas we discussed during the session, nor has your performance improved in response to written warnings that you have received over the past few months.

I have determined that your performance is totally unacceptable and if there is no improvement in the next four weeks, you will be recommended for disciplinary action up to and including possible termination. I am providing you with this final opportunity to improve your performance.

The opportunity period begins today and will continue for 28 calendar days from today. The deficiencies in your performance are basically the same problems we have been discussing for some months. Please refer to the previous memos to you regarding your performance for specifics. Your overall performance reflects the following deficiencies:

1. Your current work is plagued by incomplete and haphazard preparation. 2. Your work is not timely. 3. Receipt of complaints from co-workers that you are not following up on your job responsibilities. 4. Your lack of attention to explicit deadlines. 5. Your lack of professionalism shown to co-workers.

If you believe that a personal, medical, or other problem is causing these performance deficiencies, I encourage you to seek assistance through the Employee Assistance Program. You can obtain assistance by contacting the Employee Relations office at 221-4531. Participation in this program is voluntary and confidential.

If you have any concerns about this memorandum or require additional guidance on implementing the provisions of it, please let me know as soon as possible. Signing this memorandum only serves to acknowledge receipt of this notice; it does not indicate agreement with the contents.

John Smith

Principal

Receipt Acknowledged

_________________________ ________________

Signature Date

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Sample Memo on Proposed Termination

To: Joe Employee

From: Mary Supervisor

Re: Proposed Termination

This is notice that I have recommended to Human Resources that your employment contract be non-renewed or terminated.

John Smith

Principal

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DOCUMENTATION: WHAT TO DO AND WHAT NOT TO DO

DO DON’T

Document facts Ask questions

Generalize, assume, give your opinion

Record information same day Wait until you need the information and try to remember

Meet with employee to go over documentation Keep a secret file and only pull it out when you’ve had enough and want to recommend termination

Keep everything confidential Discuss the employee’s information with other employees

Keep hard and electronic copy Keep the information in your head until you need it

Be clear on your expectations Put expectations in writing

Assume the employee can read your mind (or better…”they should figure it out on their own”)

Be truthful (respectful, but truthful) “Sugar coat” the issue Be very general so that they really do not know what you are talking about

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GRIEVANCE

STEP I STEP II STEP III STEP IV

Supervisor Employee Relations Superintendent Superintendent as Board Secretary

Send the original to the individual at the step indicated. Send a copy to the Supervisor or Grievant on Appeals and retain a copy for your records. (Grievant completes section A and B)

(A)TO: FROM:

_______________________________________________ SCHOOL/DIV:________________________________________ _______________________________________________ ___________________________________________________

_______________________________________________ TITLE:______________________________________________

(B) DATE OF INCIDENT: __________________________ REPRESENTATIVE: ______________________________________ GRIEVANCE/APPEAL: _________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

PROPOSED RESOLUTION: _______________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

DATE SUBMITTED: SIGNATURE:

(C) DISPOSITION OF GRIEVANCE: CONFERENCE / HEARING DATE: DATE DECISION TOGRIEVANT:

DECISION:____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________ SIGNATURE:___________________________________________

Either party may appeal the decision to the next step in the grievance procedure

Original Decision to the Grievant or Supervisor (on appeals), Copy to the Supervisor or Grievant, Human Resources and to the Superintendent

Grievant______ Supervisor_____ Human Resources______ Superintendent______

Step I: File within 30 days of incident to supervisor, conference within 15 days (+10 for emergency), disposition report within 5 days. (Days are work days) Step II: Appeal within 10 days, schedule meeting or hearing within 20 days of receipt, disposition report within 15 days of meeting/hearing. Step III: Appeal within 15 days, review of hearing proceedings and documentation within 15 days of receipt, disposition statement within 15 days of review. Step IV: Appeal within 10 days, submitted to Board within 2 bi-monthly meetings, disposition within 30 days, notification within 10 days of decision.