TC-5000-1

5000—PERSONNEL

5020 Equal Employment Opportunity

5030 Non-Discrimination (Cf. 5040, 5050)

Employment Access

Filing a Complaint

5040 Non-Discrimination on the Basis of Sex (Cf. 5030, 5050)

5050 Sexual Harassment and Intimidation (Cf. 5030, 5040)

Definition

Notification

5060 Retaliation and Whistle-Blowing

5140 Staff Involvement in Decision Making

5170 Recruitment

Identity and Employment Status

Non-Discrimination

Title I Compliance

5175 Criminal History and Background Checks

5190 Development

5200 Staff Conduct

Federal Compliance

Staff Appearance

5205 Possessing, Transporting or Transmitting Dangerous Weapons (Cf. 8300)

5210 Complaints and Grievances (Cf. 5030, 5040)

5220 Staff-Student Relations

5230 Conflict of Interest

5300 Personnel Records

5330 Travel Expenses (Cf. 1168, 3600)

Certified Employees

Non-Certified Employees

5340 Health and Safety (Cf. 5370)

5345 Staff Smoking and Tobacco Products

5350 Drug-Free Workplace

5357 Family and Medical Leave

Leave Description

Eligibility

Notice

Continuation of Benefits

Return to Work

Implementing Procedures

5358 Bus Driver Alcohol and Drug Testing

5360 Temporary Illness and Temporary Incapacity

5370 Communicable Diseases – Employees

TC-5000-2

5380 Control of Bloodborne Pathogens

5430 Hiring (Cf. 5020)

Teacher Selection

5500 Teaching Staff Probation and Tenure

Tenure

Administrative Tenure

Administration of Tenure

5520 Evaluation

Availability of Evaluation Documents

5540 Suspension and/or Dismissal of Professional Staff

5560 Resignation of Professional Staff

Resignation

5640 Non-School Employment (Cf. 5230)

5650 Tutoring for Pay

5685 Substitute Teachers

5690 Student Teaching and Internships

5700 Non-Certified Employees

Appointment

5710 Compensation Guides and Contracts

At-Will Employees

5725 Qualifications and Duties

5730 Recruitment (Cf. 5170)

5760 Assignment and Transfer

5780 Non-Certified Staff Probation

5800 Evaluation of Non-Certified Staff

5830 Suspension and Dismissal of Non-Certified Staff

At-Will Employees

5850 Resignation of Non-Certified Staff (Cf. 5560)

5860 Reduction of Non-Certified Staff

5920 Non-School Employment (Cf. 5230, 5640)

5020 Equal Employment Opportunity 5020

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

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

Persons who believe they have not received equal employment opportunities should report their claims to the Superintendent. Initiating a complaint shall not adversely affect the complainant’s terms or conditions of employment.

Approved: February 13, 2002

Reviewed:

LEGAL REF: Civil Rights Act of 1964, as amended in 1972, Section 100.4(a & b), Title VI, Title VII; Executive Order 11246, 1986 as amended by Executive Order 11375; Equal Employment Opportunity Act of 1972, Title VII; Education Amendments of 1972, Title IX (P.L. 92.318), Section 106.4; 45 CFR, Parts 81, 86 (Federal Register June 4, 1975, August 11, 1975); Michigan Civil Rights Act, P.A. 453 or 1976, Section 101 through 211; Michigan Compiled Laws, 37.1101-37.1303 (Handicapper Civil Rights Act); Section 110.23 of the Age Discrimination Act of 1975

5030 Non-Discrimination (Cf. 5040, 5050) 5030

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

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

Employment Access

A qualified employee is individual who, with or without reasonable accommodation, can perform the essential functions of his/her job. It is the responsibility of the employee to inform the building Principal that an accommodation is needed to perform the essential job functions or to receive equal benefits and privileges of employment. Medical documentation of the disability from a qualified professional must be presented to the building Principal upon request.

5030 Non-Discrimination (Cf. 5040, 5050) 5030-2

Filing a Complaint

Any employee who feels that he or she has been denied a reasonable accommodation or been discriminated against because of his/her disability is encouraged to report the incidents(s) and/or pursue recourse through established District procedures.

Approved: February 13, 2002

Reviewed:

LEGAL REF: Civil Rights Act of 1964, Section 100.4(a & b), as amended, 1972, Title VI, Title VII. Executive Order 11246, 1965. Equal Employment Opportunity Act of 1972, Title VII. Education Amendments of 1972, Title IX 45CFR. Act No. 453 of the Public Acts of 1976 (Michigan Civil Rights Act). Section 504 of the Rehabilitation Act of 1973, Subparts 104.5 and 104.7(a); MCL 37.2402; Title II of the Americans with Disabilities Act, P.L. 101-336 of 1990, Section 35.130; Age Discrimination Act of 1975, Section 110.23

5030-R Non-Discrimination 5030-R

If any person believes that the Kalkaska School District or any part of the school has inadequately applied the principles and/or regulations of (1) Title VI of the Civil Rights Act of 1964, (2) Title IX of the Education Amendment Act of 1972, and (3) Section 504 of the Rehabilitation Act of 1973, or is in some way discriminatory on the basis of sex, race, color, religion, national origin or ancestry, age, marital status, or handicap, the person may bring forward a complaint by the following procedures.

A complaint is defined as an alleged action prohibited under one of the three acts identified above, and a complainant is a community member, parent(s)/guardian(s), student, or employee who believes an alleged illegal action has taken place.

The designated Civil Rights Coordinator for the District shall be:

Civil Rights Coordinator

315 S. Coral St.

Kalkaska, Michigan 49646-0580

Informal Procedure

The person or complainant who believes there is a valid basis for complaint shall set up a meeting with the District designated Title IX, VI, or Section 504 Civil Rights Coordinator to discuss the concern. The District designated Civil Rights Coordinator in turn shall investigate the complaint, and, within ten (10) business days, reply to the complainant in writing to set up a second meeting to discuss the findings and seek an acceptable solution to the complaint.

If no acceptable solution to the complaint is agreed upon at the informal level, the complainant may initiate formal procedures as listed below.

5030-R Non-Discrimination 5030-R-2

Any complaint submitted under the Formal Grievance Procedure shall be submitted at Step I within twenty (20) business days of the second meeting with the Civil Rights Coordinator. If the complaint is not submitted within that time, the complaint will not be considered.

Formal Procedure

STEP 1: The complainant must submit to the Civil Rights Coordinator designated to receive and investigate complaints alleging noncompliance with the specific act, a signed, written, "Statement of Complaint". The "Statement of Complaint" shall name the complainant; shall state the facts giving rise to the complaint; shall identify all the provisions of the rules and regulations alleged to be violated; shall state the contention of the complainant with respect to those provisions; shall indicate the relief requested; and shall be signed by the complainant involved.

The Civil Rights Coordinator shall further investigate the matter(s) of the grievance and reply as to the District's position in this matter in writing by certified mail to the complainant within five business days after receipt of the written complaint.

STEP 2: If the complainant wishes to appeal the decision of the Civil Rights Coordinator, he/she may submit a signed statement of appeal to the Superintendent within five business days after receipt of the Coordinator's response to the grievance. Failure by the complainant to appeal the complaint within the time limit provided shall bar the complaint. The Superintendent shall meet with all parties involved within a reasonable time, not to exceed fourteen business days, in an attempt to resolve the matter(s). After the meeting, the Superintendent shall formulate a conclusion, and respond in writing to

5060 Retaliation and Whistle-Blowing 5060-2

discrimination for making the report.

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

Approved: February 13, 2002

Reviewed:

5140 Staff Involvement In Decision Making 5140

The Board desires that all members be given opportunities to take part as plans are made for the operation of the District, schools, and departments.

Administrators shall exercise their powers and duties in ways consistent with democratic ideals and institutions. They will make recommendations and initiate new procedures only after seeking and giving consideration to the opinions of staff members. The Board expects opportunities to be provided for the democratic participation of teachers and other employees in planning working situations and arrangements.

Approved: February 13, 2002

Reviewed:

5170 Recruitment 5170

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

Identity and Employment Status

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

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

Non-Discrimination

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

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

5170 Recruitment 5170-2

Title I Compliance

The Superintendent shall insure that the District is in compliance with the provisions of Title I, the No Child Left Behind Act. Manuals and handbooks shall comply with federal law as to the qualifications for instructional personnel. Notice of professional qualifications shall be provided to parent(s)/guardian(s) of students in Title I schools and staffing pattern reviews as required by law shall be conducted annually as required by law.

Approved: March 10, 2003

LEGAL REF: 42 USCA §1981 et seq. (Civil Rights Act); 42 USCA 2000e-8, 2000e-12; 44 USCA 3501 et seq.; 42 USCA 12117 (The Equal Employment Opportunities Act); 42 USCA §2000e, et seq. (Title VII of the Civil Rights Act); 20 USCA §1681; 34 CFR § 106.8; 34 CFR §106.9 (Title IX of the Education Amendments); 42 USCA 12116 (The Americans with Disabilities Act); MCL 37.1101-1607 (Person’s with Disabilities Civil Rights Act); 37.2101-2804 (Elliott-Larsen Civil Rights Act); 20 USCA 6311(h)(6)(A) (No Child Left Behind Act)

5170-R Recruitment 5170-R

The Superintendent will ensure that all employee manuals or handbooks are in compliance with federal law and include:

The education and experience required of all new instructional employees;
Any credentials that current instructional employees must acquire;
A timetable for the satisfaction of any new requirements; and
The consequences for employees who fail to comply.

All employees are to be advised of the revisions of the handbooks or manuals and of any implications for existing personnel.

The Superintendent will ensure that parent(s)/guardian(s) of students in Title I schools are informed of their right to know the professional qualifications of their child’s teacher and will describe where and how this information may be obtained. The Superintendent will monitor Title I schools to ensure that parent(s)/guardian(s) of all students are notified when those students are taught for 4 or more consecutive weeks by a teacher who is not highly qualified as defined by law.

Staffing patterns will be reviewed annually to ensure that poor and minority students are not, at higher rates than are other children in the District, taught by inexperienced, unqualified, or out-of-field teachers. If such patterns are noted, strategies to correct the problem will be developed.

5175 Criminal History and Background Checks 5175

Criminal History Checks

Upon an offer of initial employment by the Board, all persons in certified positions shall have undergone a criminal history check. A staff person may be hired prior to the results of a criminal history check following the guidelines in current law.

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

The Board shall bear the full cost of the criminal history check for all staff members.

Background Checks

Upon an offer of initial employment by the Board, all persons shall have undergone an unprofessional conduct background check.

Each applicant must provide a written authorization for an unprofessional conduct check authorizing the applicant’s current or former employer(s) to disclose to the District any unprofessional conduct by the applicant and make available copies of all documents relating to the unprofessional conduct. Furthermore, the written authorization shall release the applicant’s current or former employer(s) from any liability for providing information to the District.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.1230; 380.1260; 380.1539a(6)

5190 Development 5190

The Board supports the concept of professional development for the staff and to this end, shall authorize funding for various activities in its budget. Accordingly, the District will provide staff development opportunities through:

1. Planned in-service programs, course, seminars, and workshops offered within the District;

2. Visits to other classrooms and schools, and attendance at conferences, workshops, and other meetings; and/or

3. Leaves of absences for advanced training and internships.

With the Superintendent’s approval, staff members may be released with full pay to attend conventions, professional meetings and workshops, visit exemplary programs, and participate in other professional growth activities. At the time of approval, the Superintendent will indicate which expenses, if any, will be reimbursed by the District. After participation, a written report must be submitted to the Superintendent summarizing the activity’s highlights.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.1254; 380.1525; 380.1526; 388.1695

5200 Staff Conduct 5200

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

The Superintendent and building Principals shall assume the major responsibility for interpreting this policy.

Federal Compliance

All employees will be provided with an explanation of both their responsibilities and their rights under law in terms of the actions they may take to maintain order, discipline, and an appropriate educational environment. Training will be provided that defines approved actions, and informs employees that they may be liable for harm when they engage in criminal, grossly negligent or reckless conduct, or act with flagrant indifference to the rights and safety of another person who suffers harm as a result. The Superintendent will develop rules that prescribe the circumstances under which the District administration and/or parent(s)/guardian(s) are to be notified of actions taken, any written documentation of actions taken that is necessary, and other appropriate procedures including staff training.

Staff Appearance

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

Approved: March 10, 2003

LEGAL REF: NCLB

5205 Possessing, Transporting or Transmitting Dangerous Weapons (Cf. 8300) 5205

No person shall possess, transport or transmit a dangerous weapon on school District property, property used by the school District for a school-related purpose, or in a motor vehicle used for a school District-related purpose unless: (a) Prior permission has been granted by the Superintendent; or (b) The person in an on-duty law enforcement officer or, if off duty, the officer is otherwise required by the law enforcement agency to carry a weapon.

A dangerous weapon, within the meaning of this policy, shall include, by way of description, such things as a firearm, knife, black jack, baton, iron bar, brass knuckles, martial arts devices, and incendiary and/or explosive devices. Pursuant to federal law, the term firearm includes, but is not limited to, any weapon designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or destructive device.[1] A person, including a student, who violates this Policy, will be reported to law enforcement authorities. Employees who violate this policy will be severely disciplined, up to and including discharge.

The Board policy prohibiting students from possessing dangerous weapons is contained in the Student Code of Conduct. The Board, pursuant to state law, shall expel students who violate the weapons laws and rules unless one of the statutory exceptions is established.[2] To comply with federal law, any such exception shall be reduced to writing.

Approved: March 10, 2003

LEGAL REF: MCL 380.1311; 750.237a; 18 USCA 921; 20 USCA 7151 (No Child Left Behind Act)

5210 Complaints and Grievances (Cf. 5030, 5040) 5210

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

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

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

Approved: February 13, 2002

Reviewed:

5210-R Complaints (Cf. 5030, 5040) 5210-R

Complaints by staff members concerning Board policies relating to employment or their implementation shall be resolved by the following procedures:

1. The complaint or grievance shall be discussed informally with the employee’s immediate supervisor within in an attempt to resolve the problem.

2. If the problem is not solved at the informal session, the employee shall formally file the complaint in writing with their immediate supervisor who shall answer in writing within five school days.

3. If the employee is not satisfied with the proposed solution he/she shall, within five school days, file the complaint in writing with the Superintendent. The Superintendent shall investigate the problem and arrange to meet with the employee, and if deemed advisable, a joint meeting with the employee and immediate supervisor), in an attempt to bring about a satisfactory solution. The Superintendent shall answer the employee in writing within ten school days.

4. If the employee is still not satisfied, he/she may, within five school days, request the Superintendent to arrange for a meeting with the Board at which time he/she may present the complaint or concern to the Board. The Superintendent shall schedule a meeting with the Board within twenty school days.

5. The Board shall answer the employee in writing within ten days of the meeting with the Board and the Board’s decision shall be final except as the employee might pursue the complaint through the courts.

5220 Staff-Student Relations 5220

The relationship between the teacher and the student should be one of cooperation, understanding, and mutual respect. The teacher has a responsibility to provide an atmosphere conducive to learning, and to motivate each student to perform to his/her capacity.

The teacher will strive to secure individual and group discipline, and should be treated with respect by the students. Teachers should extend to students the same respect and courtesy which they, as staff members, have a right to demand.

Teachers are expected to exercise good interpersonal relationships with the students, to accept each as an individual, and to extend a feeling of friendship to all.

Although it is desired that teachers have a sincere interest in students as individuals, partiality must be avoided and teacher-pupil friendship must be on a teacher-student basis. Excessive informal and social involvement with individual students and "pal-like" relationships give rise to charges of partiality and excessive personal involvement. Such friendships are not compatible with professional ethics.

Approved: February 13, 2002

Reviewed:

5230 Conflict of Interest 5230

The personal life of employees shall be the concern of and warrant the attention of the Board only as it may prevent the employee from properly performing assigned functions during duty hours; or violate local, state, national, or common law, or be prejudicial to effective performance on the job. The employee, however, shall not use his/her position to influence students or citizens of the District for personal gain.

Accordingly, the Board establishes the following:

1. The District shall make no purchase of supplies, materials, or equipment from school employees.

2. School employees shall not endorse projects or services in such a manner that will identify them as employees of the school.

3. School employees shall make no personal sales of supplies, materials, or equipment to students with whom they come in regular contact, nor shall they use their positions to influence such sales.

4. School employees are not permitted to solicit funds, sell products or services on their own behalf on school property during school hours.

5. Employees shall not participate in any activities for which they receive financial remuneration wherein their positions as employees of the school District are used or could be used or could be interpreted as being used to sell or promote the sale of goods or services to students or citizens of the school District.

6. Employees shall not engage in any other employment or in any private business during the hours necessary to fulfill appropriate assigned duties.

7. Employees shall not engage in work of any type wherein the source of information concerning customer, client or employer originates from any information obtained through the school District.

5230 Conflict of Interest 5230-2

8. Employees shall not solicit students for attendance at camps, special schools or tutoring through which the employee shall realize financial gain without approval of the Superintendent.

Approved: February 13, 2002

Reviewed:

5300 Personnel Records 5300

A personnel file shall be maintained by the District for each employee. Personnel files kept by the District concerning employees shall be kept in a secured location and be under the custodianship of the appropriate District or building supervisor. Personnel files of employees who have left the District shall be similarly kept, but in an inactive file. An employee will be given access to his/her personnel records according to law and guidelines developed by the Superintendent.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 423.501-512; 15.231 et seq.

5300-R Personnel Records 5300-R

Personnel folders shall be maintained for each employee of the school District. Personnel records shall be defined as a record kept by the school District that identifies the employee to the extent that the record is used or has been used, may affect or be used, relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.

The following shall not be considered personnel records as defined in MCL 423.501:

1. Employee references supplied to an employer if the identity of the person making the reference would be disclosed.

2. Materials related to the employer’s staff planning with respect to more than one employee, including salary increases, management bonus plans, promotions, and job assignments.

3. Medical reports and records made or obtained by the employer if they are available to the employees from their original source.

4. Information of a personal nature within the personnel folder concerning a person other than the employee when disclosure would constitute an unwarranted invasion of privacy.

5. Information relating to an investigation that is kept separate from other records pursuant to MCL 423.509.

6. Records limited to grievance investigations which are kept separately and are not used for purposes of employment, promotion, transfer, etc.

5300-R Personnel Records 5300-R-2

7. Records kept by an executive, administrator or professional employee that are kept in sole possession of the maker of the record and which are not accessible or shared with other persons. Such information may be made a part of the personnel record if entered not more six months after the date of the occurrence or the date the fact becomes known.

Personnel record information not included in the personnel record of an employee but which should have been, may not be used in a judicial or quasi-judicial proceeding except when the judge or hearing officer determines that the information was not intentionally excluded or if the employee agrees or has been given a reasonable time to review the information. Material which should have been included may be used at the request of the employee.

Requests to Review

Requests to review records shall be made in writing to the Superintendent. Arrangements for an appointment for the review shall be made within two weeks after the receipt of the request. Records shall be reviewed in the office of the Superintendent or a place designated by him or her during normal office hours at a time that will not interfere with the employee’s work assignment. Other arrangements will be made if the time and/or place make it impossible for the employee to review the records without taking time off from his/her work assignment.

After reviewing the records and at the employee’s request, copies of the information or parts of the information in the employee’s record shall be made available to the employee.

5300-R Personnel Records 5300-R-3

A fee for copying such information shall be charged according to fees established under the Freedom of Information Act. If arrangements cannot be made to review the record with the employee, copies of the record shall be mailed to the employee upon his/her written request.

Amendments

If an employee disagrees with information contained in his/her personnel record, the removal or correction may be mutually agreed upon or the employee may submit a written statement explaining the employee’s position. Such a statement shall not exceed five sheets of 81/2 x 11inch paper and shall be included when the information is divulged to a third party as long as the original information is a part of the file.

Prohibitions

Employee records shall not contain records of an employee’s association, political activities, publication or communications of non-employment activities unless the information is submitted in writing by or authorized to be kept or gathered by the employee, or unless the activities occur on the employer’s premises or during the employee’s working hours that interfere with the performance of the employee’s duties or those of other employees. If kept, it shall be a part of the personnel record available to the employee.

A separate file may be maintained relative to an investigation when the school District has reasonable cause to believe that an employee is engaged in criminal activity that could cause damage or disruption to the school District. At the end of the investigation or at the end two years, whichever comes first, the employee must be notified that an investigation has taken place or is in progress. If disciplinary action is not taken as a result of the investigation, all copies of the material shall be destroyed.

5330 Travel Expenses (Cf. 1168, 3600) 5330

Certified Employees

The Board shall reimburse certificated employees for normal expenses for hotel, food, registration, and transportation costs incurred while attending authorized conferences or other activities that related to instructional or related operational improvement in the District as set forth in the master agreement.

Non-Certified Employees

If a non-certified employee is required to use a personal automobile on approved school business, reimbursement for all miles driven will be according to the provisions and rates established in the master agreements, if applicable, or as established by the Board.

Approved: February 13, 2002

Reviewed:

5340 Health and Safety (Cf. 5370) 5340

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

The Board shall comply with the provisions of the federal and Michigan Occupational Safety and Health Act as they apply regarding the employee’s right to know of hazardous conditions or materials. The Superintendent shall prepare and distribute to all employees an Occupational Exposure Control Plan to eliminate or minimize occupational exposure to potentially infectious materials. The plan shall be reviewed and updated by the Superintendent as needed.

The plan shall address the following issues:

· Exposure determination;

· Implementation schedule; and

· Procedure for evaluating an exposure incident.

Approved: February 13, 2002

LEGAL REF: MCL Secs. 6 and 8, Occupational Safety and Health Act (Sec. 1910.1030)

5345 Staff Smoking and Tobacco Products 5345

District employees shall not smoke or use tobacco products while on duty in any District building or vehicle or on school grounds except as otherwise allowed by current law.

District employees shall not smoke or use tobacco products when they are supervising student activities either off or on school property.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 750.473

5350 Drug-Free Workplace 5350

The use, distribution, dispensation and/or manufacturing of controlled substances, as defined by state and federal law, by District employees on District grounds, in District buildings and/or in connection with any District activity, is prohibited.

Any District employee who violates the above policy may be subject to disciplinary action, up to and including termination of employment. In addition, the employee may be required to satisfactorily participate in a drug assistance or rehabilitation program approved by the Board.

Any District employee who has been found guilty of violating a criminal drug statute in the workplace shall notify the Superintendent within five days after a conviction relating to the drug offense.

The Superintendent shall notify the appropriate federal agency within ten days after receiving notice of a workplace related drug conviction on the part of the employee.

The Superintendent shall develop a drug-free awareness program for District employees. District employees who request assistance for drug counseling and/or rehabilitation shall direct their request to the Superintendent. Annually, the Board shall allocate funds to support the drug-free awareness program.

The Superintendent shall include in the District’s employee in-service program a drug-free awareness program which shall include the following information:

a. The dangers of drug abuse in the workplace;

b. The employer’s policy of maintaining a drug-free workplace;

c. Available drug counseling, rehabilitation and employee assistance programs; and

d. The penalties the Board may inflict upon employees for drug abuse violations.

In developing the in-service program, the Superintendent may utilize the services and assistance of the District’s insurance carrier, local or county health departments, local or regional medical health center or other substance abuse agencies in the immediate area.

5350 Drug-Free Workplace 5350-2

This policy shall be published annually in the District’s faculty and staff handbooks.

Approved: February 13, 2002

Reviewed:

LEGAL REF: U.S. House Resolution 5210, Anti-Substance Abuse Act, 1988

5357 Family and Medical Leave 5357

Leave Description

Eligible employees may use unpaid family and medical leave, guaranteed by the Federal Family and Medical Leave Act, for up to a combined total of 12 weeks each year, beginning September 1 and ending August 31 of the next year.

Other available paid vacation, personal, or family leave will be substituted for family and medical leave necessitated by birth, adoption/foster care placement, or a family member's serious health condition. Other available paid vacation, personal, or sick leave will be substituted for family and medical leave necessitated by a family members or employees own serious health condition. Any substitution required by this policy will count against the employee's family and medical leave entitlement. The District will pay family leave or sick leave only under circumstances permitted by the applicable leave plan. Use of family and medical leave shall not preclude the use of other applicable unpaid leave that will extend the employee's leave beyond 12 weeks, provided that the use of family and medical leave shall not serve to extend such other unpaid leave.

Family and medical leave is available in one or more of the following instances:

1. The birth and first-year care of a son or daughter;

2. The adoption or foster placement of a child;

3. The serious health condition of an employee's spouse, parent, or child; and

4. The employee's own serious health condition.

Employees may take an intermittent or reduced-hour family and medical leave when the reason for the leave is 3 or 4, above, with certain limitations provided by law.

5357 Family and Medical Leave 5357-2

Within 15 calendar days after the Superintendent makes a request, an employee must support a request for a family and medical leave when the reason for the leave is 3 or 4, above, with a certificate completed by the employee's or family member's health care provider. Failure to provide the certification may result in a denial of the leave request.

If both spouses are employed by the District, they may together take only 12-weeks for family and medical leaves when the reason for the leave is 1 or 2, above, or to care for a sick parent.

Eligibility

To be eligible for family and medical leave, an employee must either:

1. Have been employed by the District for at least 12 months (the 12 months need not be consecutive) and have been employed for at least 1,250 hours of service during the 12-month period immediately before the beginning of the leave, or

2. Be a full-time classroom teacher.

Notice

If possible, employees must provide at least 30 days notice to the District of the date when a leave is to begin. If 30 days notice is not practicable, the notice must be given within 2 business days of when the need becomes known to the employee. 11 Employees shall provide at least verbal notice sufficient to make the District aware that he/she needs a family and medical leave, and the anticipated timing and duration of the leave. Failure to give the required notice may result in a delay in granting the requested leave until at least 30 days after the date the employee provides notice.

5357 Family and Medical Leave 5357-3

Continuation of Health Benefits

During a family and medical leave, employees are entitled to continuation of health benefits that would have been provided if they were working.

Return to Work

An employee returning from a family and medical leave will be given an equivalent position to his/her position before the leave, subject to the District's reassignment policies and practices. Classroom teachers may be required to wait to return to work until the next semester in certain situations as provided by law.

Implementing Procedures

The Superintendent shall develop procedures to implement this policy consistent with the Federal Family and Medical Leave Act.

Approved: February 13, 2002

Reviewed:

LEGAL REF: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., 29 C.F.R. Part 825.

5357-R Family and Medical Leave 5357-R

Definitions

Continuing treatment means 2 or more visits to, or ongoing supervision by, a health care provider.

FMLA refers to the Family and Medical Leave Act of 1993, implemented by 29 C.F.R. Part 825.

Health care providers are: licensed doctors of medicine or osteopathy; licensed podiatrists, dentists, clinical psychologists, optometrists, and chiropractors; licensed nurse practitioners; nurse‑midwives; clinical social workers; Christian Science practitioners listed by the First Church of Christ Science; and any health care provider recognized by the employer's group health plan benefits manager as valid health care providers.

Instructional employees are those whose Principal function is to teach and instruct students.

Intermittent leave is leave taken in separate blocks of time due to a single illness or injury, and may include leave of periods from an hour or more to several weeks.

Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child; the term does not include "in-law."

Reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday.

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

5357-R Family and Medical Leave 5357-R-2

1. Inpatient care, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or

2. Continuing treatment by a health care provider, plus:

a. a period of incapacity of more than 3 consecutive calendar days, and either: treatment 2 or more times by a health care provider, or treatment by a health care provider on at least one occasion which results in a "regimen of continuing treatment";

b. any period of incapacity due to pregnancy, or for prenatal care;

c. any period of incapacity or treatment for such incapacity due to a chronic serious health condition, e.g., asthma, diabetes, epilepsy;

d. a permanent or long-term period of incapacity due to a condition for which treatment may not be effective, e.g., Alzheimer's, a severe stroke, or the terminal stages of a disease; or

e. any period of absence to receive multiple treatments by a health care provider, either for restorative surgery or for a condition that would likely result in period of incapacity of more than 3 consecutive calendar days if left untreated.

Excluded from the term serious health condition are: most cosmetic treatments; routine physical, dental, or eye examinations; and common cold, flu, earache, upset stomach, minor ulcer, headache other than migraine, routine dental or orthodontia problems, and periodontal disease.

5357-R Family and Medical Leave 5357-R-3

Son or daughter include biological, adopted, foster, step child, ward, and child of a person standing in loco parentis, provided that the individual is under 18 year of age or is any age if incapable of self care due to mental or physical disability.

Spouse means husband or wife as defined under Michigan law.

Leave Description

The use of unpaid family and medical leave is subject to the following:

1. It may be used for up to a combined total of 12 weeks each year, beginning September 1 and ending August 31 of the next year.

2. Other available paid vacation, personal, or family leave will be substituted for family and medical leave necessitated by birth, adoption/foster care placement, or a family member's serious health condition. Other available paid vacation, personal, or sick leave will be substituted for family and medical leave necessitated by a family member's or employees own serious health condition. The District will pay family leave or sick leave only under circumstances permitted by the applicable leave plan.

3. To be eligible for family and medical leave, an employee must either:

a. Have been employed by the District for at least 12 months (the 12 months need not be consecutive) and have been employed for at least 1,250 hours of service during the 12 month period immediately before the beginning of the leave; or

b. Be a full-time classroom teacher.

5357-R Family and Medical Leave 5357-R-4

4. Family and medical leave is available in one or more of the following instances:

a. the birth and first-year care of a son or daughter;

b. the adoption or foster placement of a child;

c. the serious health condition of an employee's spouse, parent, or child; and

d. the employee's own serious health condition.

5. Board policy will govern family and medical leaves, but the FMLA, and its implementing regulations, will be the final authority.

Procedure to Request Leave

1. If possible, an employee shall notify the Superintendent of the date the employee will need a family and medical leave at least 30 days before a leave is to begin. If 30 days notice is not practicable, the employee should give the notice at least two business days after the need becomes known to the employee. The employee is encouraged to provide a written notice, but a verbal notice is sufficient. The notice must provide sufficient information to make the District aware that the employee needs a family and medical leave, and the anticipated timing and duration of the leave.

2. Upon the Superintendent's request, an employee must support his or her request for a leave necessitated by a family member's or the employee's own serious health condition, with a certificate completed by the employee's or family member's health care provider. The certificate must be provided to the Superintendent within 15 calendar days after the request and on the District's

5357-R Family and Medical Leave 5357-R-7

must be given as soon as sufficient information is provided. An initial oral notice that the leave will count against the annual FMLA leave entitlement and of any leave substitution requirement, does not relieve the Superintendent of this requirement.

3. The Superintendent may challenge the adequacy of a medical certification and require the employee to obtain a second opinion from a second health care provider, paid for by the District. If a second medical opinion conflicts with the first, the Superintendent may require a third opinion, paid for by the District. The third health care provider must be designated or approved jointly by the District and the employee. The third opinion is final and binding.

4. The Superintendent shall inform an instructional employee whenever the employee will be required to wait to return to work until the next semester because:

a. The employee's leave begins more than 5 weeks before the end of a term; the leave will last at least 3 weeks; and the employee would return during the 3-week period before the end of the semester;

b. The employee's leave, for a purpose other than the employee's own serious health condition, begins during the 5-week period before the end of a term; the leave will last more than 2 weeks; and the employee would return during the 2 week period before the end of the term; or

5357-R Family and Medical Leave 5357-R-8

c. The employee's leave, for a purpose other than the employee's own serious health condition, begins during the 3-week period before the end of a term and the leave will last more than 5 working days. If an employee chooses, or is required, to take leave for periods of a particular duration in case of to the intermittent or reduced-schedule leave, or is required to continue taking leave until the end of a school term, the entire period of leave taken will count as a FMLA leave.

5. The Superintendent shall ensure that work and teaching schedules are arranged so that an employee returning from a family and medical leave will be given an equivalent position to his/her position before the leave, subject Districts assignment and reassignment policies and practices.

Posting and Notice to Employees

Building Principals shall post a notice explaining the FMLA's provisions in a location where it can be readily seen by employees and applicants for employment.

Record Keeping

The Superintendent shall ensure that records are kept according to requirements under law.

5358 Bus Driver Alcohol and Drug Testing 5358

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

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

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

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

5358 Bus Driver Alcohol and Drug Testing 5358-2

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

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

Approved: February 13, 2002

Reviewed:

LEGAL REF: Omnibus Transportation Employee Testing Act, 1991

5360 Temporary Illness and Temporary Incapacity 5360

Temporary illness or temporary incapacity is an illness or other capacity of ill-being which renders an employee physically or mentally unable to perform assigned duties. During such a period, the employee can use accumulated sick leave benefits. However, income received from other sources (worker’s compensation, District-paid insurance programs, etc.) will be deducted from the District’s compensation liability to the employee. The Board’s intent is that in no case will the employee who is temporarily disabled receive more than 100 percent of gross salary.

Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy.

After 90 consecutive school days in a school term of illness or incapacity, or exhaustion of sick leave, whichever is greater, such illness or incapacity shall be considered a permanent disability and the Board may begin dismissal proceedings subject to the provisions of the Teacher Tenure Act, the Americans with Disabilities Act, and the master agreement.

Approved: February 13, 2002

Reviewed:

LEGAL REF: Americans With Disabilities Act, 42 U.S.C. § 12102; MCL 38.101 et seq.

5370 Communicable Diseases - Employees 5370

The Superintendent shall develop and implement procedures for dealing with known or suspected cases of communicable and chronic infectious disease involving a District employee consistent with state and federal law, Board policies.

An employee with a communicable or infectious disease shall be evaluated by the District’s communicable and chronic infectious disease review team. The employee’s medical records shall be held in strictest confidence by the team, except to the extent allowed under law.

Employees with a communicable or chronic infectious disease will be permitted to retain their positions whenever, after reasonable accommodations and without undue hardship, there is no substantial risk of transmission of the disease to others, provided an employee is able to continue to perform the position’s essential functions. Employees who cannot retain their positions shall remain subject to Board policies and/or relevant articles of the master agreement which include sick leave, physical examinations, temporary and permanent disability, and termination. Determining whether an employee with a communicable or infectious disease may retain his or her position will be made in accordance with established procedures.

The recommendation of whether the employee’s placement is appropriate shall be made on a case-by-case basis by the District’s communicable and chronic infectious disease review team.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 333.5131; 353.5111; Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.; Rehabilitation Act of 1973, 29 U.S.C. § 791; Family Educational Rights and Privacy Act of 1974

5370-R Communicable Diseases - Employees 5370-R

The following procedures will be implemented when a District employee has a communicable and/or chronic infectious disease. A copy of the procedures will be given to the employee.

I. Evaluation of the employee’s condition

A. The employee who has or is suspected of having a communicable and chronic infectious disease will inform the Superintendent immediately.

B. The Superintendent will inform the communicable and chronic infectious disease review team within 3 days.

C. The communicable and chronic infectious disease review team will meet within 3 days to:

1. meet with the employee or a member of the employee’s family to review the status of the employee’s health;

2. evaluate the employee and submit a written report with recommendations to the Superintendent.

D. The Board will receive a report, both written and verbal, of the communicable and chronic infectious disease review team’s evaluation from the Superintendent.

E. The employee or a member of the employee’s family will receive a report, both written and verbal, of the communicable and chronic infectious disease review team evaluation from the Superintendent.

F. The employee may be required to submit to a physical examination, given by a physician chosen and paid for by the District.

II. Monitoring employee’s condition

A. The employee’s health condition will be reviewed on a schedule determined by the communicable and chronic infectious disease review team. The team’s employee status report will be given to the Superintendent.

5370-R Communicable Diseases - Employees 5370-R-2

B. Each status report will indicate an employment recommendation for the employee,

1. continued employment at the same position, with possible accommodations;

2. continued employment but transfer to another position, with possible accommodations;

3. temporary exclusion from the work place; or

4. dismissal.

III. Confidentiality

A. The employee’s medical condition and records shall be held in strictest confidence and shared only with members of the communicable and chronic infectious disease review team, the employee’s direct supervisor, and someone who would need to know in the event of an emergency. Medical records will not become part of the employee’s personnel file.

5380 Control of Bloodborne Pathogens 5380

The Board of education seeks to protect those staff members who may be exposed to bloodborne pathogens and other potentially infectious materials in their performance of assigned duties.

The Superintendent shall implement administrative guidelines which will:

A. Identify those categories of employees whose duties create a reasonable anticipation of exposure to blood and other infectious materials;

B. Provide for inoculation of the hepatitis B vaccine at no cost to the staff member and in accordance with federally mandated scheduling;

C. Ensure proper training at the universal precautions against exposure and/or contamination including the provision of appropriate supplies and equipment;

D. Establish appropriate procedures for the reporting, evaluation, and follow-up to any and all incidents of exposure;

E. Provide for record-keeping of all of the above which complies with both federal and state laws; and

F. Develop an exposure control plan which complies with the current OSHA regulations.

Approved: February 13, 2002

Reviewed:

5430 Hiring (Cf. 5020) 5430

Teacher Selection

The Board has the legal responsibility of approving the employment of all teaching personnel. While this responsibility cannot be waived, the Board delegates to the Superintendent the authority to recruit staff members. In carrying out this responsibility, the Superintendent shall involve appropriate administrative and/or non-certified staff members as needed and use special criteria developed by the Board and/or staff.

Approved: February 13, 2002

Reviewed:

5500 Teaching Staff Probation and Tenure 5500

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

During this probationary period, the Board will ensure that the teacher is provided with an individualized development plan and given an annual year-end performance evaluation, as provided for under current law. Additional performance evaluations or classroom observations, in addition to those required under the Teachers’ Tenure Act, may be required as noted in the current negotiated agreement.

Tenure

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

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

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

Administrative Tenure

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

Administration of Tenure

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

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 38.71 et seq.

5520 Evaluation 5520

Any evaluation procedures found in the negotiated agreement shall be followed in the development, maintenance or change of the District’s evaluation policies, rules, regulations or procedures.

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

Availability of Evaluation Documents

Board policy provides that the evaluation instrument shall be available to the Superintendent, evaluating administrator, or supervisor under whose direct supervision the teacher will work and others as required under law.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 38.71 et seq.; 15.268

5540 Suspension and/or Dismissal of Professional Staff 5540

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

The Superintendent or building Principal shall make written recommendations to the Board concerning an employee on tenure or probation who, in his/her judgment, should be considered for dismissal.

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

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 38.71-121

5560 Resignation of Professional Staff 5560

Resignation

Teachers may resign by giving written notice to the Board at least 60 days prior to September 1 of the ensuing school year, unless other arrangements are mutually agreed upon.

In instances where an employee wishes to leave on shorter notice, the Board may permit an earlier release on condition that satisfactory arrangements can be made for replacement. The Board reserves unto itself the right to make the final decision on such requests.

Once a resignation is tendered to the Board through its Superintendent, and has been accepted by the Superintendent, that resignation shall be considered final unless its withdrawal is approved by the Board. The Superintendent shall immediately accept the resignation in writing and shall, in the letter of acceptance, include a copy of the Michigan Teacher Tenure Act.

Any teacher discontinuing his/her service in any other manner shall forfeit rights to continuing tenure previously acquired, and such action shall become part of the personnel record of said teacher.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 38.71-121

5640 Non-School Employment (Cf. 5230) 5640

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

Approved: February 13, 2002

Reviewed:

5650 Tutoring for Pay 5650

As used in this policy, the term "tutoring" shall mean and include the giving, for extra pay or other remuneration, of private or group music lessons or other instruction of any kind which is related to school activities. The term shall not, however, apply to extra help given to students, without extra pay or other remuneration, in the discharge of regular teaching responsibilities and assignments.

No professional staff member shall receive pay or other remuneration for tutoring students during regular duty hours as specified in the master contract.

In general, school facilities shall not be used by teachers for tutoring purposes unless circumstances dictate that the Superintendent recommends such use. Guidelines shall be established for such recommendations.

Teachers assuming tutoring responsibilities shall always be aware of ethical relationships with other staff members and shall refrain from criticizing other teachers or implying that a student's teacher has been negligent or ineffective in the performance of teaching duties.

Teachers shall not actively solicit pupils for tutoring. From an ethical standpoint, teachers are discouraged from tutoring students for whom they exercise teacher responsibility as a part of their regular teaching assignment.

Exceptions to this policy may be made by the Superintendent when there is no other reasonable or feasible manner of serving the educational needs of the student or when the student or his/her parent(s)/guardian(s) would be greatly inconvenienced by making other arrangements.

Approved: February 13, 2002

5685 Substitute Teachers 5685

The Board authorizes the administrative staff to secure qualified substitute teachers for use in the District. Substitute teachers shall be obtained to provide for a level of instruction commensurate with the regular teacher’s performance as nearly as practicable.

The Superintendent and Principals shall compile a list of all substitute teachers available to the District, and each building Principal shall have a copy of said list prior to the beginning of the school year.

Each building Principal shall secure substitute teachers for use in his/her building on an “as needed” basis.

The Board shall annually establish a daily and a long-term compensation rate for substitutes.

Approved: February 13, 2002

Reviewed:

LEGAL REF: 380.1236; 421.42; 421.50; AG Opinion #6360

5690 Student Teaching and Internships 5690

The Board shall consider the use of student teachers and interns in classes and programs maintained by the District upon the execution of a written contract with an area college or university.

The written contract shall be on file in the central office of the District.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.1531b

5690-R Student Teaching and Internships 5690-R

When placing student teachers and interns in the District, the Superintendent and staff shall:

1. Provide for placement of student teachers and interns with outstanding teachers who shall serve as supervisors;

2. Protect students from being overexposed to student teaching, and teachers from excessive supervisory responsibilities toward student teachers and interns;

3. Ensure placement of student teachers and interns without regard to race, color, sex, age, creed, national origin or handicap; and

4. Make provisions with higher education institutions to provide for cooperative selection of students to be placed in the District’s schools.

Student Teacher Selection

Prospective student teachers shall complete a standard application form and be interviewed by the building Principal who shall determine whether or not the student is acceptable.

Supervising Teacher Selection

The building Principal shall be responsible in determining those teachers on staff who may be designated as supervising teachers. This shall be done with the prior approval of the teaching staff.

The duties and responsibilities of supervising teachers and building Principals regarding student teachers and interns can be found in the appropriate staff/faculty handbooks on file in the District and school offices.

If at any time a student teacher or intern becomes unacceptable, the District reserves the right to refuse that student teacher or intern further teaching experience within the District.

5690-R Student Teaching and Internships 5690-R-2

Student teachers shall not be used as substitute teachers in case of teacher illness or other personal reason. However, special arrangements may be made with the universities to allow student teachers or interns to substitute in order to provide the opportunity for the supervising teacher to attend approved in-service programs or workshops.

A written contract shall be negotiated with and signed by a duly authorized representative of the university and shall include an agreement whereby the District is relieved of its responsibility and liability for Worker’s Compensation claims which may result from accidents to student teachers and interns performing their assigned responsibilities within the District.

In all instances, the student teacher or intern shall be under the direct supervision of the building Principal.

5700 Non-Certified Employees 5700

The primary role of non-certified personnel is to support and enhance the efforts of instructional personnel.

All personnel policies and regulations, including the specifics of employee agreements pertaining to non-certified personnel, must be written in harmony with the above primary role.

The Superintendent shall classify all employees not requiring certification according to the provisions of the job assignment.

Appointment

The Superintendent is authorized to determine the selection and appointment of all non-certified employees, the conditions of continued employment, dismissal and/or duration, promotion and transfer or all classified employees as set forth in the master agreement

Approved: February 13, 2002

Reviewed

5710 Compensation Guides and Contracts 5710

Non-certified employees who are members of a recognized bargaining unit shall be paid according to pay rates established by the negotiated master contract.

At-Will Employees

Unless an employee is covered by a collective bargaining agreement or a written employment contract providing to the contrary, the employee’s employment with the District shall be employment at will. This means an employee does not have a contractual obligation to the District, and the Board and District do not have a contractual obligation to the employee. Any oral or written statement by a Board member, District administrator, or supervisor contrary to this policy shall be invalid and not binding on the District.

The Board shall establish salary and wages for non-certified at-will personnel. Increments are dependent on evidence of continuing satisfactory performance.

Approved: February 13, 2002

Reviewed:

5725 Qualifications and Duties 5725

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

Approved: February 13, 2002

Reviewed:

5730 Recruitment (Cf. 5170) 5730

The Board authorizes the Superintendent to recruit and hire non-certified personnel to fill existing or proposed vacancies. The Superintendent shall ensure that all recommended candidates meet all qualifications established by law and by the Board.

There shall be no discrimination against any employee or applicant by reason of race, color, religion, national origin, disability, physical handicap, marital status, sex or age.

In recruitment or filling vacancies within a recognized bargaining unit the Districts shall comply with the provisions of the current negotiated master contract.

Approved: February 13, 2002

Reviewed:

5760 Assignment and Transfer 5760

The Superintendent and authorized administrative personnel are authorized to assign, reassign or transfer all non-certified employees.

Reassignments and transfers of bargaining unit members shall be made in complete adherence to the provisions of the current negotiated master contract.

Approved: February 13, 2002

Reviewed:

5780 Non-Certified Staff Probation 5780

All non-certified staff belonging to a recognized bargaining unit shall be considered to be on probation as specified within their master agreement. All at-will non-certified employees shall be considered to be on probation during the first 30 calendar days of employment.

The Superintendent shall provide for adequate supervision and evaluation of the employee prior to the end of said period. If a person other than the Superintendent performs the evaluation, he/she shall make a recommendation to the Superintendent as to the continued employment of the probationary staff member.

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

Approved: February 13, 2002

Reviewed:

5800 Evaluation of Non-Certified Staff 5800

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

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

Non-certified employees shall be evaluated at least annually after serving the probationary period regardless of whether the employee is new to the District or serving in a new position within the District.

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

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 15.268

5830 Suspension and Dismissal of Non-Certified Staff 5830

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

At-Will Employees

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

Approved: February 13, 2002

Reviewed:

5850 Resignation of Non-Certified Staff (Cf. 5560) 5850

Any non-certified staff member desiring to resign from his/her position with the District shall submit a written resignation to the Board at least ten working days prior to the effective date of the resignation.

The Superintendent is authorized to accept resignations of support staff personnel on behalf of the Board and they become final upon his/her acceptance. A resignation notice cannot be revoked once accepted or otherwise acted upon (such as, a new employee was hired).

Approved: February 13, 2002

Reviewed:

5860 Reduction of Non-Certified Staff 5860

Whenever provisions for reduction of non-certified staff are included in the current negotiated master contract with an employee group, it shall be followed.

When reduction in staff is necessary for employees where provisions are not covered in contracts or for employees who are not part of a recognized bargaining unit, the Superintendent shall make reductions which in his/her judgment will be beneficial to the District. Though length of service may be considered as a criterion for making such reductions, it shall not be the sole determining factor considered.

Approved: February 13, 2002

Reviewed:

5920 Non-School Employment (Cf. 5230, 5640) 5920

Non-certified employees shall not be excused during their regularly assigned time schedule to perform outside work. Non-certified employees shall engage in no outside employment which, by nature or duration, will impair the effectiveness of their assigned duties, reflect detrimentally on the District, involve any conflict of interest, or require the use of any District facility or equipment.

Approved: February 13, 2002

Reviewed:

[1] Pursuant to federal law, the term destructive device means: any explosive, incendiary, or poison gas: bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any or the devices described in the preceding clauses.

[2] To establish a statutory exception, state law requires clear and convincing evidence that: 1) The object or instrument possessed by the pupil was not possessed by the pupil for use as a weapon, or for direct or indirect delivery to another person for use as a weapon, or 2) the weapon was not knowingly possessed by the pupil, or 3) the pupil did not know or have reason to know that the object or instrument possessed by the pupil constituted a dangerous weapon, or 4) the weapon was possessed by the pupil at the suggestion, request, or direction of, or with the express permission of, school or police authorities.

315 S. Coral St.

Kalkaska, Michigan 49646-0580

Informal Procedure

Formal Procedure

The Superintendent shall develop procedures to implement this policy consistent with the Federal Family and Medical Leave Act.

Response to Leave Request