IV. Employee Information
9. Child Abuse Reporting
Any staff member having reasonable cause to suspect that a child has been abused or neglected should follow the guidelines set forth by Policy 2710 and Regulation 2710 of the Board Policies of the Independence School Board. A copy of the policy and regulation are included in the "Policies" section of this handbook.
A copy of the Missouri Child Abuse and Neglect Statutes (selected sections) is also included in the "Policies" section of this handbook.10. Disciplinary Actions
Policy 4730: Nonrenewal/Termination Probationary Teacher; Policy 4731: Termination of Contract: Permanent Teacher; Policy 4720: Suspension or Termination: Non-Certificated Staff may be accessed on the district website.
11. Third Party Representation
District employees shall have the right to third party representation when asked to meet with a building level administrator and/or an immediate supervisor when/if a professional improvement plan or job threatening written reprimand is to be discussed. This provision shall not apply if the meeting is the first meeting on a particular issue called by the administrator or supervisor and the only persons in attendance are the employee and the administrator or supervisor. Any subsequent meetings on the same topic, or in which multiple administrators or supervisors are present, or a job threatening professional improvement plan (certificated) or job threatening written reprimand (support staff) is issued shall allow for employee third party representation, if requested by the employee. This representative must either be a district employee or an employee group representative. Meetings which would allow for a third party representative must be scheduled a minimum of 72 hours in advance, unless this provision is waived by the employee. The representative may confer with the employee but shall not be a spokesperson for the employee. All parties involved in such meetings shall conduct themselves in a professional manner. The addition of the opportunity for third party representation at the building level does not change an employee's right under current policy to have a third party representation at meetings regarding employment issues with district level administration. This does not include actions that must be taken immediately.
12. Exit Procedures
In the event an employee exits from the district, the employee will need to submit a resignation letter to Human Resources. The employee will then need to schedule a time to meet with their supervisor to complete Stage 1 of an Exit Form and then call Human Resources to schedule a time to complete Stages 2 and 3. Stage 2 will be completed in Human Resources and Stage 3 will be completed in the Benefits Office.
13. Emergency Preparedness
Employees should make themselves aware of the location of evacuation plans should an emergency arise. Evacuation plans are posted near the door in each classroom and other common areas. These plans will include both fire and tornado routes. Some classrooms will have a red duffel bag containing first aid items. These bags should be taken with you in the case of a drill or real evacuation. In case of an emergency, employees should also note the location of the closest fire alarm activation switch. Each office has a complete Emergency Preparedness Plan notebook that each employee should take time to review.
14. Door Entry
The Independence School District has a School Safety regulation that requires all school doors to be locked during the school day. The goal is to ensure the safety of students and staff, while keeping unidentified strangers from gaining access to our schools. For parents, patrons, and other guests who have legitimate business in the schools, we want to be sure this process remains consistent. Staff will make visitors feel as welcome as possible by following the steps below:
- When a parent or patron approaches the door and pushes the buzzer, welcome them to the building and say, “May I help you?"
- If they are a parent, ask them for their student's name and ask to see their photo identification.
- If they are a vendor or other visitor, ask the nature of their visit, who they are there to visit, and ask to see their identification.
- If they do not have identification with them, apologize and inform them that for safety reasons, this new district policy requires that they show state or federal photo identification to enter the building.
- Our goal is to keep out unidentified strangers. If the visitor is someone with whom you are familiar, and they have no identification in their vehicle or with them in any way you are allowed the flexibility to buzz them in. Please go the front door and escort them to the main office in order for them to receive a visitor's pass. Remind them that they will need to bring their identification the next time they come to school.
- If you are not familiar with the visitor and he or she is unable to produce identification, he or she will not be allowed in the building.
- Once a visitor has reported to the office, please follow the building sign in/sign out procedures:
- (Parent) Verify parent is on the student check-out list if they wish to check their student out of school.
- (Parent) Present parent with a visitor pass labeled with their name, and direct them to the appropriate destination.
- (Volunteer) Present volunteer with an appropriate pass and direct them to appropriate location.
- (Vendor) Present vendor with a visitor pass and contact the person with whom they are wishing to speak.
- (Other) Present visitor with an appropriate pass and direct them to the location that they are seeking.
Early Education and Kids’ Safari programs:
- Parents of students enrolled in Early Education and Kids’ Safari programs can drop off and pick up their student at designated doors beginning at 6:30am until the start of the school day and then again when school is dismissed until 6:00pm. At the time school begins parents will be required to use the main school doors.
- Staff in Early Education and Kids’ Safari programs will be responsible for checking state or federal photo identification and buzzing parents in during the designated times above.
Keep in mind that some visitors will not be aware of these new procedures. Please be professional if visitors voice a concern, take the time to listen to their concern and remind them that we are taking these precautions to provide added security for our students. If you have any questions regarding these procedures, please contact Dennis Green at ext. 10035 or 816-286-3995.
15. A.L.I.C.E Intruder/Active Shooter Response
In the spring of 2014, the Independence School District adopted the A.L.I.C.E. model to an intruder/Active Shooter event. From August of 2014 to the present time, all staff in the Independence School District received training from certified instructors from the Independence Police Department. The intent of the A.L.I.C.E. model and training is to increase the survivability of staff and students should an event occur. All staff receives annual training in A.L.I.C.E. in compliance with Senate Bill 75. This training is in the form of either a two-hour classroom/scenario training or an electronic refresher course. Staff are encouraged to recall the training and apply it to their specific building so they will be prepared should an event occur. Staff is also encouraged to discuss the A.L.I.C.E. principles with their students and other staff members to maintain the edge and situational awareness. Staff is also encouraged to reach out to any of the law enforcement instructors (SROs, Truancy and DARE Officers in the district) should they need assistance in setting up their classroom, encounter an unsafe condition, to practice this model or if they should have any questions regarding an intruder/active shooter event.
17. Protected Health Information
Dear Independence School District Employee:
We would like to assure you that the privacy and protection of your health information is extremely important to us. Information for employees enrolled in a Blue Cross Blue Shield health plan, a dental plan, 125 Medical Reimbursement, or for those taking a Family Medical Leave is protected health information (PHI).
The Notices of Privacy Practices you are receiving will explain the various ways we use and protect your PHI. Highlights of the document include:
- We use and disclose members’ PHI in administering benefits, or when a doctor, dentist, hospital or other entity requests it for treatment or payment purposes. Other situations in which PHI may be used are listed in the second section of the enclosed notice.
- In situations that are not names in the “Notice of Privacy Practices,” we will always ask for written authorization to share PHI. Members can revoke their authorization at any time. Authorization forms will be available at each District site.
- Members have rights to limit how we share their PHI and to request copies of their information and where it has been shared.
The “Notice of Privacy Practices” is enclosed with this letter. If you have any questions about this communication, please call the Privacy Office at (816) 521-5300 during normal business hours, or e-mail us at greg_gilliam@isdschools.org.
Sincerely,
Mr. Greg Gilliam
Privacy Officer, Independence School District
18. Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
The privacy of your Protected Health Information is important. This requires no action on your part unless you have a request or complaint.
Protecting all Independence School District Member's Protected Health Information
The Independence School District understands the importance of keeping your Protected Health Information private. Personal health information includes both medical/dental information and individually identifiable information, such as your name, address, telephone number, or social security number. We are required by applicable federal and state laws to maintain the privacy of your Protected Health Information.
Both under law and our policy, the Independence School District has a responsibility to protect the privacy of your Protected Health Information (PHI), WE:
- protect your privacy by limiting who may see your PHI;
- limit how we may use or disclose your PHI;
- inform you of our legal duties with respect to your PHI;
- explain our privacy policies; and
- strictly adhere to the policies currently in effect.
You have received this notice because you are covered by, or considering coverage with, a product offered, insured, or administered, by a company or managed care organization operating as, or an affiliate, or contracted by the Independence School District. A current list of such companies and organizations appears at the end of this notice.
This is a notice of the Independence School District privacy practices, our legal duties, and your rights concerning your Protected Health Information. We will follow the privacy practices that are described in this notice while it is in effect. This notice takes effect April 14, 2003 and will remain in effect until we replace it and provide you notice of such changes.
We reserve the right to change our privacy practices and the terms of this notice at any time, as allowed by applicable law, rules, and regulations. We reserve the right to make the changes in our privacy practices and the new terms of this notice at any time, as allowed by applicable law, rules, and regulations. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all Protected Health Information that we maintain, including information we created or received before we made the changes. When we make a significant change in our privacy practices, we will change this notice and send the notice to our health plan subscribers. For more information about our privacy practices, or for additional copies of this notice, please contact us at the number listed at the end of this notice. Independence School District Uses and Disclosures of Member's Protected Health Information
As an Independence School District member in a benefit plan or using Family Medical Leave, the District may use and disclose your Protected Health Information, without your consent/authorization, in the following ways:
Treatment: We may disclose your Protected Health Information to a doctor/dentist, a hospital, or other entity, which asks for it in order for you to receive medical/dental treatment.
Payment: We may use and disclose your Protected Health Information to pay claims for covered services provided to you by doctors, hospitals, or other entities.
Process and Proceedings: We may disclose your Protected Health Information in response to a court or administrative order, subpoena, discovery request, or other lawful process.
Law Enforcement: We may disclose limited information to law enforcement officials concerning the Protected Health Information of a suspect, fugitive, material witness, crime victim, or missing person. We may disclose the Protected Health Information of an inmate or other person in a lawful custody to a law enforcement official or correctional institution.
Military and National Security: We may disclose to military authorities the Protected Health Information of Armed Forces personnel under certain circumstances. We may disclose to authorized federal officials, Protected Health Information required for lawful intelligence, counterintelligence, and other national security activities.
Authorizing Use and Disclosure of Independence School District Member's Protected Health Information
The Independence School District will request written authorization from you to use your personal information or to disclose it to anyone for any purpose or situation not included in this document. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. We will not use or disclose your Protected Health Information for any reason except those described in this notice without your written authorization. If you authorize release of your PHI, your authorization must include the following items:
- a description of information used or disclosed
- identification of the parties releasing, and the parties requesting the information
- an expiration date of the authorization
- your signature
- information about how to revoke the authorization
Individual Rights for all Independence School District Members
As an Independence School District member, the following are your rights concerning your Protected Health Information:
Access: You have the right to review or obtain copies of your Protected Health Information, with certain exceptions. You may request that we provide copies in a format other than photocopies. You may submit this request in writing by obtaining a form from us using the contact information listed at the end of this notice. If you request copies, you may be charged a fee for each page, and per hour for staff to locate and copy your Protected Health Information, and postage.
Disclosure Accounting: You have the right to receive a list of instances in which we, or our subcontractors, disclosed your Protected Health Information for purposes other than treatment, payment, health care operations and certain other activities. Effective April 14, 2003, the Independence School District will begin maintaining these types of disclosures for up to six (6) years. If you request this list more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests. You may submit this request using the contact information listed at the end of this notice.
Restriction Requests: You have the right to request that we place additional restrictions on our use or disclosure of your Protected Health Information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in a need for your emergency treatment). You also have the right to agree to or terminate a previously submitted restriction. You may submit this request using the contact information listed at the end of this notice.
It has always been the Independence School District's goal to ensure the protection and integrity of our member's Protected Health Information. Therefore, we will notify you of any potential situations where your information would be used for reasons other than payment and health/dental/section 125 plan operations.
This notice became effective on April 14, 2003.
Independence School District
Insurance Brokers Insurance and Benefit Providers
Employee Health Clinic
To contact us:
Privacy Office at 816.521.5300
Mr. Greg Gilliam
201 North Forest Avenue
Independence, MO 64050
greg_gilliam@isdschools.org
19. Foundation Payroll Deduction
The School District of Independence established a 501(c)(3) Foundation in 1992 which administers over 150 separate funds serving a variety of district, student and staff needs. All donations are tax deductible as allowed by law. The Foundation has its own Board of Directors and is an incorporated entity through the State of Missouri.
You can make contributions to the Foundation through payroll deduction to the Foundation General Fund, which benefits programs including scholarships, Project Shine, Holiday Helpers, Inspire Volunteers, Student Dual Credit assistance, ISD Academies, Classroom Grants, New Teacher Grants and more.
You will need to complete a new payroll deduction form each year. To start your payroll deduction, please print and complete this form and return to the Foundation office via email or inter-office mail.
For more information about the Foundation, contact Amy Knipp at amy_knipp@isdschools.org or to visit the Foundation website, click here.
20. Technology
Philosophy
The World of the 21st Century is a technological world and the Independence School District must prepare students to be successful users of technology. To accomplish this, all district staff must be provided with appropriate technology, training, and support to instruct, record and assess student learning, track student activities, analyze data, and communicate student information to parents, members of the community, and the Missouri Department of Elementary and Secondary Education. Staff and students must exercise care in the use of district provided technologies and must share in the responsibility of using technology appropriately. Acceptable use policies have been developed for staff and students to explain how technologies are to be used and the consequences of misuse.
Technology Acceptable Use Guidelines for Staff
Staff members of the Independence School District will be provided access to technologies necessary to successfully perform assigned duties. Training will be provided to ensure that all staff members know how to use available technologies, and support will be provided to ensure that all technologies function properly. The computers will be configured for maximum efficiency and ease of support. Any changes to the computer settings will be performed by Technology Staff members, and will be based upon need.
Access
All staff members will be provided a username and password to be used to gain access to computer applications, email, and the internet. Computer and Internet use will be logged according to the username and password. The system will prompt each user to change his/her password occasionally to provide security to each account. It is extremely important that users keep usernames and passwords confidential. Staff members are provided elevated access to update files and download information and well as to view content from the Internet. As a result, staff members are expected to follow strict guidelines and notify the Technology Department before downloading or installing software/updates from the Internet.
Equipment Use
Members of the Technology Staff will maintain all district equipment and users are expected to exercise care in the use of this equipment. Misuse of equipment will result in staff members being denied access to equipment and possible remuneration to the District for abuse.
Internet Use
Internet access is provided for educational purposes. Staff members accessing or attempting to access unacceptable websites will be denied internet access and may face additional consequences. In addition, staff are expected to use professional judgment and follow ISD curriculum guidelines before showing students content from the Internet (i.e. YouTube videos, etc.).
Security
In addition to regularly changing passwords and keeping usernames and passwords confidential, additional security measures should be taken. Once logged in, a user should not leave the computer unattended without locking the computer. PC’s can be locked by pressing Ctrl-Alt-Delete and then clicking “Lock Computer”. Once locked, only the person currently logged in can unlock the computer by pressing Ctrl-Alt-Delete and then entering his/her password. This will then return the user to the application he/she had been using prior to locking the computer. For security of data, teacher and staff computers are “automatically locked” after 15 consecutive minutes of non-use; the staff member will be required to enter his/her password to reactivate the computer.
File Sharing
Copyright laws protect various forms of software, music, and video files. Staff and students should not be downloading such files unless appropriate fees have been paid and the files are for educational use. Students will not be allowed to download any files without teacher supervision. Files not protected by copyright laws may be shared provided it is for educational purposes and does not contain inappropriate material. The district will be compliant with the Digital Millennium Copyright Act and will address any possible copyright infringement.
Software Licensing
It is illegal to install software without licenses; therefore all software installed on district computers must have appropriate licenses. In order to standardize software across the district, all software purchases must go through the technology department. As new software is purchased, a record of all software licenses will be kept in the technology department and should be kept at the building level as well.
Supervision
Teachers must provide good supervision of students while they are using computers and other forms of technology. That begins by reviewing the rules for Network Etiquette and Privacy with each student. With proper supervision, students are less likely to misuse the equipment or attempt to access something that is prohibited. When students are engaged in using technology as part of a class activity, teachers should move around the room and observe each student frequently. If students are allowed to go to the Library Media Center or computer lab individually to use any form of technology, the building Principal or Library Media Specialist may impose certain requirements on those students in order to provide appropriate supervision.
Printing
Use of technology will result in the need for students and staff to print files and documents. Each building will need to establish procedures for managing the printing process and addressing any printing abuses or problems that may occur.
Technology Support
Each building will have one designated building technology coordinator to serve as the first point of contact for helpdesk support. If this person is unable to address the problem or resolve the issue, he or she will submit a technology work order at which point a technician will be assigned and dispatched.
VII. Policies and Procedures
38. Policy 1310
GENERAL ADMINISTRATION
Policy 1310
(Regulation 1310)
Freedom from Discrimination, Harassment, and Retaliation
It is the policy of the Board of Education to maintain a learning and working environment that is free from discrimination, harassment, and retaliation on the basis of race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law.
The District strictly prohibits unlawful discrimination, harassment, and retaliation against employees, students, or others, as provided in Board Policy/Regulations 1300 and 1310. These policies shall extend not only to students with regard to educational opportunities and freedom from discrimination, harassment, and retaliation, but also to employees with regard to employment opportunities, and to individuals with whom the Board does business.
It will be the policy of the District to continually evaluate its practices and procedures to ensure fair and equitable educational and employment opportunities and freedom from discrimination, harassment, and retaliation for all of its students and employees.
For the purposes of this Policy, the term "school personnel"; includes Board members, school employees, agents, volunteers, contractors, and any other persons subject to the supervision and control of the District.
Compliance Officer
The Board will designate an individual to act as the compliance officer, and ensure that the compliance officer's name, business address, and telephone number, as well as the District's Board Policy 1300 are published to patrons, employees, and students on an annual basis.
The Board designates the following individual to act as the District's compliance officer:
Human Resources Supervisor
201 North Forest Avenue
Independence, MO 64050
(816) 521-5300
Fax: (816) 521-5619
In the event the compliance officer is unavailable or is the subject of a report that would otherwise be made to the compliance officer, reports should instead be directed to the alternative compliance officer:
Director of Human Resources
201 North Forest Avenue
Independence, MO 64050
(816) 521-5300
Fax: (816) 521-5680
It shall be the compliance officer's responsibility to assure compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975.
The compliance officer will act to promptly investigate all complaints, either formal or informal, verbal or written, of unlawful harassment, discrimination, or retaliation because of race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law.
Discrimination
It is the policy of the Board of Education to maintain a learning and working environment that is free from discrimination on the basis of race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law.
The District does not and will not discriminate on the basis of race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law in the educational programs, activities, and vocational opportunities offered by the District.
The District assures that it will comply with:
- This Policy/Regulation and state and federal law.
- The Missouri Human Rights Act, MO. Rev. Stat. 213.010 et seq., which prohibits discrimination and harassment on the basis of race, color, religion, national origin, sex, disability and age. The Act also makes it unlawful to retaliate against any individual for filing a complaint of discrimination and/or harassment or for participating in an investigation into a complaint of discrimination and/or harassment.
- Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance.
- Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving Federal financial assistance.
- Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance. The provisions of Title IX apply to students with regard to educational opportunities and freedom from harassment, employees with regard to employment opportunities and freedom from harassment, and to individuals with whom the District does business.
- The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance.
- The Boy Scouts of America Equal Access Act, by which the District will provide equal access to District facilities and related benefits and services and will not discriminate against any group officially affiliated with the Boy Scouts of America, the Girl Scouts of the United States of America, or any other youth group designated in applicable federal law.
- The National School Lunch Act, and other requirements of the U.S. Department of Agriculture (USDA), as it relates to school nutrition programs for which the District receives federal financial assistance, including the National School Lunch Program, the Special Milk Program, the School Breakfast Program, and the Summer Food Service Program.
- All regulations, guidelines, and standards lawfully adopted under the above statutes by the United States Department of Education.
Harassment
It is the policy of the Board of Education to maintain a learning and working environment that is free from harassment on the basis of race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law. The District's prohibition against harassment extends not only to students with regard to educational opportunities, but also to employees with regard to employment opportunities, and to individuals with whom the Board does business.
It shall be a violation of District policy for any student, teacher, administrator, or other school personnel of this District to harass or unlawfully discriminate against any other student or staff member through conduct or communication of a sexual nature. Furthermore, it shall be a violation of this Policy for any person who is not an employee or student of the District to harass a staff member or student of the District through conduct or comments of a sexual nature while such employee is engaged in the performance of duties for the District or while such student is under District supervision.
It shall also be a violation of District policy for any teacher, administrator, or other school personnel of this District to tolerate harassment or sexual harassment of a student because of the student's race, color, religion, disability, age, sex, gender, national origin, as defined by this Policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District.
Retaliation
The District prohibits retaliation against any person who files a complaint of discrimination, harassment, or retaliation, and further prohibits retaliation against any person who testifies, assists, or otherwise participates in any investigation, proceeding, or hearing relating to such discrimination, harassment, or retaliation. The District will discipline or take other appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any such person.
Consequences and Remedies
When the District receives a report of unlawful discrimination, harassment, and/or retaliation, the District will take appropriate interim measures to protect the alleged victim(s). If, after investigation, it is determined that discrimination, harassment, and/or retaliation in violation of Policies 1300 and 1310 did occur, the District shall take prompt, effective, appropriate action reasonably calculated to end the harassment, discrimination, and/or retaliation and to protect individuals from further such harassment, discrimination, and/or retaliation.
The District will discipline or take other appropriate action against any student, teacher, administrator, or other school personnel who is found to have violated this Policy. Patrons, contractors, visitors, or others who violate this Policy may be prohibited from District property or otherwise restricted while on District property.
Grievances
It is the policy of the District to process all grievances in a fair and expeditious manner. Regulation 1310 provides mechanisms for the resolution of grievances/complaints by employees, patrons, and/or students under this Policy.
Students with Disabilities
This policy and corresponding regulation do not pertain to the identification, evaluation, or placement of students under Section 504. The topics of the identification, evaluation, and placement of students under Section 504 are addressed in the following separate District policies and regulations: Policy 2110- Equal Education Opportunity, and Policy and Regulation 6250- Instruction for Students with Disabilities.
NEW 9/16
39. Policy 1431
GENERAL ADMINISTRATION
Policy 1431
(Regulation 1431)
School/Community Relations
Code of Conduct - Adults
The Board of Education believes in and fosters a safe and orderly environment for all students, staff, and visitors.
Therefore, the Board of Education has established a code of conduct for all employees, parents, patrons, and visitors on school premises and at school activities. All employees, parents, patrons, and visitors will be expected to conduct themselves in a manner reflective of a positive role model for children. Public displays contrary to this expectation as provided in Regulation 1431 will result in sanctions which will limit a person's access to school activities and school premises.
Rev. 12/04
40. Policy 2710
STUDENTS
Policy 2710
(Regulation 2710)
Student Welfare
Reporting Student Abuse
The Board of Education believes that school staff members are in a unique position to assist children, families, and the community in dealing with the issue of child abuse and neglect. Child abuse is defined as any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means. Neglect is defined as the failure to provide the proper or necessary support, education, nutrition or medical, surgical or other care necessary for the child's well-being. Employees making reports of allegations of sexual abuse of a student will be provided immediate unrestricted use of communication technology and will be temporarily released from their work duties to make an immediate report.
If a school employee has a reasonable belief, including a report of abuse, to believe that a student has been or may be subjected to abuse or neglect, such employee and the Superintendent shall forward the information immediately upon receiving the information to the Children's Division. Thereafter, the Superintendent will investigate the allegation for the purpose of making decisions about the accused person's employment. Depending upon the specific facts, the District may place the alleged abuser on paid leave of absence; place the employee in a non-student contact position; initiate dismissal proceedings; or continue the employee in their present position pending outcome of the investigation.
Any school district employee, acting in good faith, who reports alleged sexual misconduct on the part of a school employee will not be disciplined or discriminated against because of such reporting.
The District will annually provide employee training, which will include but not be limited to current information concerning identification of the signs of sexual abuse in children as well as the identification of the danger signals of potentially abusive relationships between children and adults. This training will emphasize the importance of mandatory child abuse reporting, including the obligation to report suspected abuse by other mandated reporters. Employees will receive training on the need for and methods to create an atmosphere of trust so that students believe their school and school employees are available to discuss matters concerning abusive behavior.
The District will post in each student restroom and in a clearly visible location in each school office, the toll free child abuse and neglect hotline number established by the Children's Division. These signs will be published in both English and Spanish. Such child abuse and neglect hotline numbers shall be depicted in large print on posters 11 inches by 17 inches and will be placed at eye level for easy viewing. The hotline number will be shown in bold print. The signs shall also contain instructions to call 911 for emergencies and contain directions for accessing the Children's Division's website for more information on reporting abuse and neglect.
REV. 3/16
41. Missouri Child Abuse and Neglect Statues
Missouri Child Abuse and Neglect Statues
(selected sections)
210.110. Definitions.
As used in sections 210.109 to 210.165, and sections 210.180 to 210.183, the following terms mean:
(1) "Abuse", any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child's care, custody, and control, except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse;
(2) "Central registry", a registry of persons where the division has found probable cause to believe or a court has substantiated through court adjudication that the individual has committed child abuse or neglect or the person has pled guilty or has been found guilty of a crime pursuant to section 565.020, 565.021, 565.023, 565.024 or 565.050, RSMo, if the victim is a child less than eighteen years of age, section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or other crime pursuant to chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, section 567.050, RSMo, if the victim is a child less than eighteen years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, section 573.025 or 573.035, RSMo, or an attempt to commit any such crimes;
(3) "Child", any person, regardless of physical or mental condition, under eighteen years of age;
(4) "Director", the director of the Missouri Division of Family Services;
(5) "Division", the Missouri Division of Family Services;
(6) "Family assessment and services", an approach to be developed by the Division of Family Services which will provide for a prompt assessment of a child who has been reported to the division as a victim of abuse or neglect by a person responsible for that child's care, custody or control of that child's family, including risk of abuse and neglect, and if necessary, the provision of community-based services to reduce the risk and support the family;
(7) "Investigation", the collection of physical and verbal evidence to determine if a child has been abused or neglected;
(8) "Jail or detention center personnel", employees and volunteers working in any premises or institution where incarceration, evaluation, care, treatment or rehabilitation is provided to persons who are being held under custody of the law;
(9) "Neglect", failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary support, education as required by law, nutrition or medical, surgical or any other care necessary for the child's well-being;
(10) "Probable cause", available facts when viewed in the light of surrounding circumstances which would cause a reasonable person to believe a child was abused or neglected;
(11) "Report", the communication of an allegation of child abuse or neglect to the division pursuant to section 210.115;
(12) "Those responsible for the care, custody, and control of the child", those included but not limited to the parents or guardian of a child, other members of the child's household, or those exercising supervision over a child for any part of a twenty-four-hour day. Those responsible for the care, custody and control shall also include any adult who, based on *relationship to the parents of the child, members of the child's household or the family, has access to the child.
*Word "their"; appears here in original rolls.
210.115. Reports of abuse, neglect, and under age eighteen deaths- who required to report- deaths required to be reported to the division or child fatality review panel, when-report made to another state, when -210.115.
- When any physician, medical examiner, coroner, dentist, chiropractor, optometrist, podiatrist, resident, intern, nurse, hospital or clinic personnel that are engaged in the examination, care, treatment or research of persons, and any other health practitioner, psychologist, mental health professional, social worker, day care center worker or other child-care worker, juvenile officer, probation or parole officer, jail or detention center personnel, teacher, principal or other school official, Christian Science practitioner, peace officer or law enforcement official, or other person with responsibility for the care of children has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect, that person shall immediately report or cause a report to be made to the division in accordance with the provisions of sections 210.109 to 210.183. As used in this section, the term "abuse" is not limited to abuse inflicted by a person responsible for the child's care, custody and control as specified in section 210.110, but shall also include abuse inflicted by any other person.
- Whenever such person is required to report pursuant to sections 210.109 to 210.183 in an official capacity as a staff member of a medical institution, school facility, or other agency, whether public or private, the person in charge or a designated agent shall be notified immediately. The person in charge or a designated agent shall then become responsible for immediately making or causing such report to be made to the division. Nothing in this section, however, is meant to preclude any person from reporting abuse or neglect.
- Notwithstanding any other provision of sections 210.109 to 210.183, any child who does not receive specified medical treatment by reason of the legitimate practice of the religious belief of the child's parents, guardian, or others legally responsible for the child, for that reason alone, shall not be found to be an abused or neglected child, and such parents, guardian or other persons legally responsible for the child shall not be entered into the central registry. However, the division may accept reports concerning such a child and may subsequently investigate or conduct a family assessment as a result of that report. Such an exception shall not limit the administrative or judicial authority of the state to ensure that medial services are provided to the child when the child's health requires it.
- In addition to those persons and officials required to report actual or suspected abuse or neglect, any other person may report in accordance with sections 210.109 to 210.183 if such person has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances which would reasonable result in abuse or neglect.
- Any person or official required to report pursuant to this section, including employees of the division, who has probable cause to suspect that a child who is or may be under the age of eighteen, who is eligible to receive a certificate of live birth, has died shall report that fact to the appropriate medical examiner or coroner. If upon review of the circumstances and medical information, the medical examiner or coroner determines that the child died of natural causes while under medical care for an established natural disease, the coroner, medical examiner or physician shall notify the division of the child's death and that the child's attending physician shall be signing the death certificate. In all other cases, the medical examiner or coroner shall accept the report for investigation, shall immediately notify the division of the child's death as required in section 58.452, RSMo, and shall report the findings to the child fatality review panel established pursuant to section 210.192.
- Any person or individual required to report may also report the suspicion of abuse or neglect to any law enforcement agency or juvenile office. Such report shall not, however, take the place of reporting or causing a report to be made to the division.
210.130 Oral reports, when and where made-contents of reports.
- Oral reports of abuse or neglect shall be made to the division by telephone or otherwise.
- Such reports shall include the following information: The names and addresses of the child and his parents or other persons responsible for his care, if known; the child's age, sex, and race; the nature and extent of the child's injuries, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect to the child or his siblings; the name, age and address of the person responsible for the injuries, abuse or neglect, if known; family composition, the source of the report; the name and address of the person making the report, his occupation, and where he can be reached; the actions taken by the reporting source, including the taking of color photographs or the making of radiological examinations pursuant to sections 210.110 to 210.165, or both such taking of color photographs or making of radiological examinations, removal or keeping of the child, notifying the coroner or medical examiner, and other information that the person making the report believes may be helpful in the furtherance of the purposes of sections 210.110 to 210.165.
- Evidence of sexual abuse or sexual molestation of any child under eighteen years of age shall be turned over to the division within twenty-four hours by those mandated to report.
210.165 Penalty for violation.
- Any person violating any provision of sections 210.110 to 210.165 is guilty of a class A misdemeanor.
- Any person who intentionally files a false report of child abuse or neglect shall be guilty of a class A misdemeanor.
- Every person who has been previously convicted of making a false report to the division of family services and who is subsequently convicted of making a false report under subsection 2 of this section is guilty of a class D felony and shall be punished as provided by law.
- Evidence of prior convictions of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.
210.167 Report to school district on violations of compulsory school attendance law- referral by school district to prosecutor, when:
If an investigation conducted by the Division of Family Services pursuant to section 210.145 reveals that the only basis for action involves a question of an alleged violation of section 167.031, RSMo, then the local office of the division shall send the report to the school district in which the child resides. The school district shall immediately refer all private, parochial, parish or home school matters to the prosecuting attorney of the county wherein the child legally resides. The school district may refer public school violations of section 167.031, RSMo, to the prosecuting attorney.
StSSO 8-3-01
42. Policy 2770
STUDENTS
Policy 2770Student Welfare
Seclusion and Restraint
Purpose
Through the adoption of this policy the Board expects to:
- Promote safety and prevent harm to all students, school personnel and visitors in the school district.
- Foster a climate of dignity and respect in the use of discipline and behavior-management techniques.
- Provide school personnel with clear guidelines about the use of seclusion, Safe Room placement, and restraint on school district property or at any school district function or event.
- Promote retention of teachers and other school personnel by addressing student behavior in an appropriate and safe manner.
- Promote parent understanding about state guidelines and district policies related to the use of discipline, behavior management, behavior interventions and responses to emergency situations.
- Promote the use of non-aversive behavioral interventions and positive behavior support techniques.
- Meet the requirements of RSMo 160.263.
Definitions:
"Authorized School Personnel" means school personnel who have received annual training in:
- De-escalation practices,
- Appropriate use of physical restraint,
- Professionally-accepted practices in physical management and use of restraints,
- Methods to explain the use of restraint to the student who is to be restrained and to the individual's family,
- Appropriate use of Safe Room placement,
- Appropriate use of seclusion, and
- Information on the policy and appropriate documentation and notification procedures.
"Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capacities of a child with a disability.
"Aversive behavioral interventions" means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as: contingent application of noxious, painful, intrusive stimuli or activities; any form of noxious, painful or intrusive spray, inhalant or tastes; or other stimuli or actions similar to the interventions described above. The term does not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student. Corporal punishment administered in accordance with state law is not an aversive intervention for the purpose of this policy.
"Behavior Intervention Plan (BIP)" means a plan developed by an IEP team for a student with a disability who displays need for specific behavior interventions for chronic patterns of problem behavior. If a disabled student's team develops a BIP in those circumstances, the BIP becomes a part of the IEP.
"Chemical restraint" means the administration of a drug or medication to manage a student's behavior that is not a standard treatment and dosage for the student's medical condition.
"Discipline" means consequences for violating the district's student code of conduct.
"Emergency situation" is one in which a student's behavior poses a serious, probable threat of imminent physical harm to self or others or destruction of property.
"Functional Behavior Assessment" a formal assessment to identify the function or purpose the behavior serves for the student so that classroom interventions and behavior support plans can be developed to improve behavior. The assessment could include observations and charting of the behavior and interviews with family, teachers, and the student, so as to determine the frequency, antecedent and response of the targeted behavior.
"IEP" means a student's Individualized Education Program as defined by the Individuals with Disabilities Education Act (IDEA).
"Law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the laws of this state.
"Locking hardware" means mechanical, electrical or other material devices used to lock a door or to prevent egress from a confined area.
"Mechanical restraint" means a device or physical object that the student cannot easily remove that restricts a student's freedom of movement of or normal access to a portion of his or her body. This includes but is not limited to straps, duct tape, cords or garments. The term does not include: (1) an adaptive or protective device recommended by a physician or therapist when used as recommended; (2) safety equipment used by the general student population as intended (e.g. seat belts, safety harnesses on student transportation; or (3) assistive technology devices.
"Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out or eloping to walk to a safe location.
"Physical restraint" means the use of person-to-person physical contact to restrict the free movement of all or a portion of a student's body. This would include, for example, the act of preventing a student from leaving an enclosed space for safety purposes. It does not include briefly holding or hugging a student without undo force for instructional or other purposes, briefly holding a student to calm them, taking a student's hand to transport them for safety purposes, physical escort, intervening in a fight, or carrying a student when developmentally appropriate to do so.
"Positive Behavior Supports" means comprehensive, school-wide procedures applied in a proactive manner that constitute a continuum of strategies and methods to support and/or alter behavior in all students.
"Safe Room placement" means the confinement of a student in an enclosed room without the use of locking hardware, with a staff member present in the room with the student. Safe Room placement also includes the confinement of a student alone in a room with a staff-engaged locking system where the student is constantly attended and supervised by school personnel through a window or other viewing device. Safe Room placement does not include supervised in-school suspension, detention, or timeout/time away used as disciplinary consequences in accordance with the district's student discipline code.
"School personnel" means
- Employees of a local board of education.
- Any person, paid or unpaid, working on school grounds in an official capacity.
- Any person working at a school function under a contract or written agreement with the school system to provide educational or related services to students.
- Any person working on school grounds or at a school function for another agency providing educational or related services to students.
"Seclusion" means the confinement of a student alone and unattended in an enclosed space from which the student is physically prevented from leaving by locking hardware. Seclusion does not include situations where a student is alone in a locked room if the student is constantly attended and supervised by school personnel through a window or other viewing device.
"Section 504 Plan" means a student's individualized plan developed by the student's Section 504 multidisciplinary team after a pre-placement evaluation finding the student is disabled within the meaning of Section 504 and its implementing policy.
"Student Support Plan" sets forth specific behavior interventions and/or supports for a specific student who displays chronic patterns of problem behavior.
"Time out" means brief removal from sources of reinforcement within instructional contexts that does not meet the definition of seclusion or Safe Room placement. Time out includes both of the following:
- Non-exclusionary time out: removal of reinforcers from the student without changing the physical location of the student (g., asking the student to put his/her head down on the desk); and
- Exclusionary time-out: removal of the student from participation in an activity or removal from the instructional area.
Use of Restrictive Behavioral Interventions:
Time-Out- Nothing in this policy is intended to prohibit the use of time-out as defined in this section.
Seclusion- Seclusion as defined in this policy is strictly prohibited.
Use of Aversive Interventions: Aversive interventions will only be used in accordance with this policy. District personnel shall never use aversive interventions that compromise health and safety.
Safe Room Placement: Safe Room placement, as defined in this policy, may only be used by authorized school personnel, as defined in this policy. At the time a student's Individualized Education Program (IEP), Section 504 plan, BIP, or other parentally agreed-upon plan to address a student's behavior is developed, the parent/guardian will be provided with a permission form regarding the use of the Safe Room.
If a student's parent/guardian has not had the opportunity to sign the permission form because no IEP, Section 504 Plan, BIP, or other parentally agreed-upon plan to address a student's behavior is in place for the student, the following procedure will take place if deemed necessary by school personnel:
- The classroom will be cleared of all other students and the student's behavior will be managed in that room, if appropriate;
- The student will be disciplined in accordance with the student discipline code;
- A parent/guardian will be notified of the need to clear the classroom due to the student's behavior and of the discipline imposed;
- A behavior team meeting will take place within five (5) school days following the incident and a BIP or other parentally agreed upon plan will be developed for the student, if necessary.
If a student's parent/guardian has signed the permission form, the Safe Room will be utilized for that student if necessary and a staff member will be present in the room with the student at all times unless one of the following escalations in conduct occurs: (1) the student becomes physically violent; (2) the student expels bodily fluids; or (3) the student begins disrobing. If any of these escalated behaviors occurs, the staff member will leave the room, utilize the staff-engaged locking system, and supervise the student through a window or other viewing device.
If a parent chooses not to give permission for his/her student to be placed in the Safe Room, the following procedure will take place if deemed necessary by school personnel:
- The student will be taken to the Recovery Room;
- The Recovery Room will be cleared of all other students;
- The student's parent/guardian will be notified of the behavior issue and will be required to pick-up the student from school;
- Law enforcement officials will be notified if an assault or other crime has occurred and charges may be pressed against the student; and
- If the parent/guardian of the student fails to pick-up the student within thirty (30) minutes of receiving notification of the behavior issue (or if the parent/guardian cannot be reached upon reasonable attempts by school personnel) and it is determined that an emergency situation exists, the student will be placed in the Safe Room.
- The parent/guardian will be responsible for any and all damage to property caused by their student during the incident.
Use of Safe Room placement requires all of the following:
- The student to be monitored by an adult in close proximity who is able to see and hear the student at all times. Monitoring shall be face-to-face unless personal safety of the child or staff member is significantly compromised, in which case technology-supported monitoring may be utilized.
- The total time in Safe Room placement is to be reasonably calculated by District personnel on a case-by-case basis based on the age of the child and circumstances, and is not to exceed 40 minutes without a reassessment of the situation and consultation with parents and/or administrative staff, unless otherwise specified in an IEP or Section 504 Plan or other parentally agreed-upon plan to address a student's behavior.
- The space in which the student is placed should be a normal-sized meeting or classroom commonly found in a school setting.
- The space in which the student is placed is comparable in lighting, ventilation, heating, cooling, and ceiling height to those systems that are in use in other places in the school.
- The space in which the student is placed must be free of objects that could cause harm.
Safe Room placement shall never be used as a form of punishment or for the convenience of school personnel.
Physical Restraint
Physical restraint shall only be used in one of the three circumstances below:
- In an emergency situation as defined in this policy;
- When less restrictive measures have not effectively de-escalated the situation; or
- When otherwise specified in an IEP, Section 504 Plan or other parentally agreed-upon plan to address a student's behavior.
Physical restraint shall:
- Only be used by authorized school personnel as defined in this policy.
- Only be used for as long as necessary to resolve the actual risk of danger or harm that warranted the use of the physical restraint;
- Use no more than the degree of force necessary to protect the student or other persons from imminent physical harm [or harm to property];
- Not place pressure or weight on the chest, lungs, sternum, diaphragm, back, neck or throat of the student which restricts breathing; and
- Only be done by school personnel trained in the proper use of restraint.
Any school personnel using physical restraint shall:
- Use only methods of restraint in which the person has received district approved training.
- Conduct restraint with at least one additional adult present and in line of sight, unless other school personnel are not immediately available due to the unforeseeable nature of an emergency situation.
Physical restraints should never be used as a form of punishment or for the convenience of school personnel.
Mechanical restraint shall only be used as specified in a student's IEP, Section 504 plan, BIP, or other parentally agreed-upon plan to address a student's behavior with the exception of mechanical restraints employed by law enforcement officers in school settings used in accordance with law enforcement policies, procedures, and appropriate professional standards.
Chemical restraints shall never be used by school personnel.
Communication and Training
Following any situation involving the use of Safe Room placement or restraint, as defined in this policy, a meeting shall occur as soon as possible but no later than two (2) school days after the emergency situation. The meeting shall include, at a minimum, a discussion of the events that led to the emergency and why the de-escalation efforts were not effective; any trauma reactions on the part of the student, other students or school personnel; what, if anything, could have been done differently; and an evaluation of the process.
Except as otherwise specified in a student's IEP, Section 504 plan, BIP, or other parentally agreed-upon plan to address a student's behaviors:
Following a situation involving the use of restraint or use of the Safe Room where the staff member was required to leave the room due to escalated behaviors, the parent or guardian of the student shall be notified through verbal or electronic means of the incident as soon as possible, but no later than the end of the day of the incident unless circumstances render it unreasonable or impossible to notify the parent or guardian by the end of the day in which case the parent or guardian shall be notified through verbal or electronic means of the incident no later than noon of the next day.
- The parent or guardian shall receive a written report of the emergency situation within five (5) school days of the incident. The written incident report shall include all of the following:
- Date, time of day, location, duration, and description of the incident and de-escalation interventions.
- Event(s) that led up to the incident.
- Nature and extent of any injury to the student.
- Name of a school employee the parent or guardian can contact regarding the incident, and contact information for that employee.
School districts shall ensure that all school personnel are trained annually regarding the policy and procedures involving the use of seclusion, Safe Room placement and restraint.
Students with Disabilities
The foregoing policy applies to all students. However, if the IEP or multi-disciplinary team determines that a form of restraint, Safe Room placement, or aversive behavior intervention may be appropriate in certain identified and limited situations, the team may set forth the conditions and procedures in the IEP or Section 504 plan. Any use of restraint, Safe Room placement, or aversive behavior interventions must be limited to what is set forth in the IEP or Section 504 plan unless otherwise provided for in this policy. Before adding the use of restraint, Safe Room placement, or aversive behavior interventions to an IEP or Section 504 plan, the student must have undergone appropriate assessments which may include, but are not limited to, a functional behavior assessment, a review of existing data, and formal assessment observations. The plan must outline preventative techniques, de-escalation strategies, and the development of coping strategies, and the preventative techniques should support the elimination of the use of restraint, Safe Room placement, or aversive behavior intervention over time.
Reports on Use of Safe Room Placement, Restraint or Aversive Behavior Interventions
The District will maintain records documenting the use of Safe Room placement and restraint showing each of the following: when they were used, reason for use, duration of use, names of school personnel involved, whether students or school personnel were injured, name and age of the student, whether the student has an IEP, Section 504 plan, Behavior Intervention Plan (BIP) or other personal safety plan when the parents were notified, if the student was disciplined, and any other documentation required by federal or state law.
Applicability of this Policy
This policy applies to all district school personnel. School personnel assigned to programs not located on district premises (hospitals, detention centers, juvenile facilities, and mental health facilities) shall follow the policy and procedure of the facility/program where they work.
REV. 9/16
43. Policy 4120
PERSONNEL SERVICES
Policy 4120
(Regulation 4120)
Employment (Form 4120)
Employment Procedures
The Board of Education, upon recommendation of the Superintendent, votes on the employment of all certificated staff members. In approving applicants the Board will be guided by the desire to obtain individuals committed to providing the highest quality education for the District's students. For Title I staff qualifications and hiring, refer to Policy and Regulation 1621- Title I.
Background Checks
No person will be employed by the Board until the District obtains a clear criminal records check and a clear check of the Child Abuse/Neglect Registry maintained by the Missouri Department of Social Services. Similarly, all persons employed by outside vendors/contractors who will have contact with students will be required to successfully undergo a criminal records and a clear check of the Child Abuse/Neglect Registry prior to contact with students. Such background checks will be performed at the vendors/contractors' expense and will, upon request, be shared with the District. All finalists for an employment position will be required to sign a release of liability authorizing prior employers, including school districts, to furnish any information about the applicant and the applicant's work performance, including but not limited to discipline records and performance evaluations. The administration may also conduct random background checks after employment. Failure to check references and prior employment for new hires prior to their start date may result in disciplinary action up to and including suspension without pay.
As part of the criminal records check, any person employed after January 1, 2005, shall submit two sets of fingerprints to be used by the Missouri Highway Patrol and the Federal Bureau of Investigation. The fingerprints shall be collected pursuant to standards determined by the Missouri Highway Patrol.
Vacancies
All vacancies should be posted for a minimum of ten (10) school days before the Superintendent may recommend a qualified applicant to the Board for employment. In an emergency situation
the Superintendent may temporarily employ an applicant prior to the expiration of the posting. The temporary applicant may be considered along with other applicants for the position after the ten days. However, in order to hire a Board member's spouse, the position must have been advertised. (Refer to Policy 0342- Nepotism, Conflict of Interest and Financial Disclosure.)
Responding to Requests for Employee Information
The Superintendent or designee is the person who shall respond to requests from potential employers for information regarding a former District employee. The information the District will provide is title, position, length of employment, whether the employee was terminated or resigned, and whether the District would re-hire the employee.
Additionally, when requests for information regarding a former employee against whom allegations of sexual misconduct involving a student have resulted in the employee being terminated or resigning in lieu of termination or allegations of sexual misconduct have been substantiated by Children's Division, the Superintendent or designee shall disclose the allegations of sexual misconduct and the findings of a Children's Division investigation when responding to requests for information to a potential public school employer .
Any school district employee who is permitted to respond to requests for information and acting in good faith reports authorized information as provided in this policy or in good faith reports alleged sexual misconduct on the part of a District employee will not be disciplined or discriminated against because of such report.
This foregoing policy is intended to comply with the Amy Hestir Student Protection Act, Senate Bill 54, including section 162.068 RSMo. The District shall provide notice of this policy to all current employees and to all potential employers who contact the District regarding the possible employment of a District employee.
Public Service Loan Forgiveness
In accordance with State law, the District will provide current, accurate, and complete information to each new employee regarding his or her eligibility for public service loan forgiveness within ten (10) days following the start of employment.
Medical Examinations
Medical examinations and inquiries will not be required prior to an offer of employment. The District may make post offer, pre-employment inquiries, however, into the ability of the applicant to perform job related functions.
At the post-offer, pre-employment stage, medical inquiries and tests may be required of all applicants for a particular job category. In addition, physical medical examinations may be required of all applicants for certain safety-sensitive job categories, including: custodians, maintenance, and facilities personnel. Any such medical examinations, inquiries, and/or tests shall be performed at District expense. Once employed, employees may only be subjected to medical inquiries or medical tests if the inquiry or test is job related and consistent with business necessity as provided by law.
If an applicant fails a test, the applicant may retake the test one time, within seven (7) days of initial failure, at the applicant's expense. The District will provide accommodations during the hiring process as required by law.
Any medical records will be maintained on separate forms, in separate medical files, and shall be kept confidential.
Rev. 1/18
44. Regulation 4130
PERSONNEL SERVICES
Regulation 4130
Employment
Certificated Staff Contracts
Probationary
Teachers without previous teaching experience will receive a probationary contract for each of their first five (5) years of full-time employment or for the corresponding period of part-time service.
Probationary teachers will be notified in writing of the Board's intent to reemploy them for the next school year. This written notice will be provided on or by April 15. Teachers who are not provided a timely notice will be automatically re-employed for the next school year.
Probationary teachers will be provided with a written contract on or by May 15 and will be required to provide the Board with a written acceptance or rejection within fifteen (15) days of receipt of the contract. Failure to provide a timely acceptance of the contract will be deemed a rejection of the Board's employment contract.
Permanent
Permanent teachers will be provided with an indefinite contract as provided by state statute. Indefinite contracts may be modified by the Board on or before May 15 with respect to the school year and with respect to annual compensation. Permanent teachers will receive copies of contract modifications within thirty (30) days of Board adoption.
Administrative
All administrators will be provided with contracts of from one-to-three-year duration. Administrative personnel, other than the Superintendent, who are employed under a multi-year contract, will be notified on or before April 15 of the Board's wish to reemploy them in their present administrative position. Failure to provide a timely notice of reemployment will result in the administrator's reemployment in the present position and salary. Administrators employed on multi-year contracts and who are notified of renewal will receive a written contract on or by April 15 and will have fifteen (15) days to accept the contract.
The District currently requires certain administrators of the District to reside within the boundaries of the District. The Board believes this requirement is essential to successful leadership by District administrators. District administrators are expected to assume a leadership role in the community and consistently interact with the students and parents of the District. Furthermore, the District is funded in part by the taxpaying residents of the District. Accordingly, the Board of Education believes that by residing in the District, administrators will demonstrate a greater loyalty to the community, increase support for the local tax base and have enhanced opportunities to interact with students, parents and patrons of the District.
The following provision of this Regulation does not apply to current Administrators who were issued contracts with notice that they are required to live in the District as part of their job requirements:
Current Administrators not living within the Independence School District boundaries:
- Will have until February 1, 2015 to establish residency within the District or their contract will not be renewed;
- Following the effective date of this Regulation, the salary for a current administrator will not be increased until such a time as they reside within the Independence School District boundaries unless otherwise required by contract; and
- Administrators may be offered a multi-year contract once residency has been established.
Current Administrators living within the Independence School District boundaries;
- May be awarded a multi-year contract
Residency for purposes of this Regulation shall require Administrators to physically reside in, and maintain as their permanent resident, a domicile located within the boundaries of the District. This regulation applies to all Administrators of the District. The term "Administrator" for purposes of this Regulation is defined as an individual who has contracted with the District to provide administrative duties including the supervision or evaluation of other employees.
Written requests for exemption from the requirements of this Regulation need to be sent to the Superintendent of Schools prior to commencement of a contract or prior to the administrator's relocation outside the Independence School District boundaries during the term of a contract. Relocation will only be considered based upon the employment requirements of a spouse. If an Administrator, who is subject to the residency requirements provided for in this Regulation, relocates outside of the District during the term of a contract without prior authorization by the Superintendent, such relocation may be considered a breach of the Administrator's contract and form the basis of the termination of the contract.
REV. 1/13
45. Regulation 4320
PERSONNEL SERVICES
Regulation 4320
Absences, Leave and Vacation Personnel Leave
Paid Sick Leave
Sick leave may only be used for illness of the staff member or a member of the immediate family of the employee or spouse. Immediate family is defined as spouse, parent, grandparent, child, sibling, daughter or son-in-law, grandchild, or non-family residing within the staff member's home. The Superintendent/Designee may request a physician's statement regarding an absence and/or verification that the employee may return to work. Sick leave may not be used on days in which the employee engages in other employment for which remuneration is received.
The employee is required to contact the building principal or immediate supervisor each day to report the need to be absent due to personal illness.
Full-time employees are allowed sick leave to include nine (9) days per school year plus one (1) day for each additional full contract month beyond a regular nine-month contract.
Regularly appointed part-time certificated teachers are allowed the proportionate part of sick leave as determined by their assigned schedule.
Part-time support staff employed to work between 25-37.49 hours per week will be eligible to receive the following leave benefits:
9 month part-time support staff employees - 5 sick days (2 of which can be used as a personal day) and 3 Bereavement Days
10 month part-time support staff employees - 6 sick days (2 of which can be used as a personal day) and 3 Bereavement Days
11 month part-time support staff employees - 7 sick days (2 of which can be used as a personal day) and 3 Bereavement Days
12 month part-time support staff employees - 8 sick days (2 of which can be used as a personal day) and 3 Bereavement Days
Sick leave days will accumulate to 75 days. Bereavement days do not accumulate.
Rev. 6/06 Rev. 8/15
During the first year of employment, sick leave time shall accumulate at the rate of two (2) days per month until allowable days are accumulated. During the second and subsequent years of employment, annual allowable sick leave days are accumulated immediately upon assuming responsibilities during said year and are designated current days. Sick leave days not used each year shall accumulate and total accumulated sick leave shall be capped at 75 days effective June 30, 2019. To be eligible to draw from current sick leave, an employee shall have actually assumed his/her school duties for the year in which such leave is drawn. Cumulative time may be drawn irrespective of current days. Deductions from such leave time shall be made only for school days missed and not holidays.
As of June 30, 2019, the District will cap the number of reimbursable days for unused sick leave at 75. The days will be paid at the prevailing Board approved rate at the employee's time of retirement, with the exception of the grandfathered employees identified in the next paragraph.
For employees with more than 65 days of accumulated sick leave on June 30, 2004 the following provision will apply. Upon retirement, the June 30, 2004 accumulated sick leave total, if unused, will be reimbursed at the prevailing Board approved rate at their time of retirement. The maximum number of days the District will reimburse any employee grandfathered under this provision is the total identified on June 30, 2004- minus any days sold back to the District in the 2004-2005 school year.
Upon retirement all unused sick leave days shall be redeemed at the prevailing Board approved rate per day. Rev. 8/15/05
Upon the death of a staff member, the surviving spouse or the beneficiary so designated in the Public School Retirement System of Missouri shall be paid for up to 75 days of accumulated sick leave days, unless a grandfathered employee, at the prevailing Board approved rate per day.
Substitute teachers placed on reserve teacher status are allowed sick leave of one (1) day for each twenty (20) consecutive days of assignment. These days are only cumulative during each appointment period and are only available for use during that appointment period. Rev. 6/28/04
Employees may be reimbursed for up to twenty (20) unused sick leave days annually, payable in December, at the Board approved rate. The employee's total number of accumulated sick leave days at the time of reimbursement cannot be less than 75 sick leave days. To receive reimbursement for unused sick leave days, the employee must notify Human Resources by October 1st in writing that he or she wishes to participate.
Personal Leave
Each full-time employee shall be granted three (3) days of personal leave annually, limited to no more than ten (10) percent of each building staff usage on any given day. Regularly appointed part-time teachers shall be granted the proportionate part of personal leave as determined by their assigned schedule. Rev. 7/8/2003
Personal leave days are to be deducted from current or accumulated sick leave.
Buildings with less than ten (10) full-time staff equivalent will be considered eligible for one personal leave approval under this limitation.
Personal leave is authorized for personal business and should not be used for other employment for which remuneration is received or for vacation time.
Personal leave will not be granted on the day immediately before and immediately following authorized holidays, holiday weekends, or vacation periods, as defined by the adopted school calendar.
Personal leave may not be used on the opening and closing contract day or the first and last pupil attendance day of each school year.
Use restrictions, other than the allotted days, will be waived when airports and/or roads are closed due to inclement weather occurring while involved in out-of-area travel, personal business activities, and professional development activities that are approved by the Human Resources office and the building principal. Personal business activities under this restriction must be accompanied by a written request explaining the reason for the leave.
Personal leave will be administered by the building principal or the immediate supervisor.
Authorized Leave
No staff member shall be absent from regular assignment for the purpose of attending professional meetings without the prior approval and authorization of the Superintendent of Schools.
The Superintendent of Schools may direct or request a staff member to attend such meetings, as in their opinion, shall serve the best interest of the schools. In this instance, the District shall assume the cost of meals, transportation, and lodging as well as costs of substitutes. No deductions shall be made from salary or leave time.
Teacher association officers and/or delegates will be given authorized absences to attend regular business sessions of the state and national associations. Absences for such purposes shall not exceed seven (7) per school year. The association will reimburse the district the substitute rate per day for each day of absence. Teacher association activities will be conducted outside the regular classroom hours.
Upon request, the Superintendent of Schools may grant an employee special permission to discharge the duties of an officer in a state or national professional education association to which the employee has been elected or appointed. The association concerned must provide total reimbursement to cover the salary and fringe benefits of the employee. In such cases, the employee will retain all District benefits and will be considered a current employee of the District.
Upon request, tenured certificated employees shall be granted a leave of absence of up to one year in order to run for public office. If elected, further extension may be requested annually from the Board of Education. At the conclusion of this public service, the employee may request to be reinstated according to the provisions of the return from leave of absence policy.
Authorized Leave of Absence Without Pay
Each certificated staff member who desires a special leave of absence without pay must submit a written request for said absence to the Superintendent of Schools/Designee. Each request shall be considered on the basis of its individual merit. Salary reduction will be the annual salary divided by the number of contract days for each day of absence under this provision.
Action All administrators who process conference and workshop requests shall inform their personnel of these guidelines prior to making any recommendation and forwarding the request.
Bereavement Leave
In the event of death in the immediate family of the employee or spouse, bereavement leave may be used. Immediate family is defined as spouse, parent, grandparent, child, sibling, daughter or son-in-law, grandchild, or non-family residing within the staff member's home. A maximum of three (3) days may be used in any school year for bereavement purposes. Bereavement leave is not accumulative. Bereavement leave will not be deducted from accumulated sick leave.
If in any school year additional leave is required for Bereavement purposes, these days will be deducted from sick leave. The administration reserves the right to request confirmation of the event.
Emergency Leave
Emergency Leave not to exceed the allotted number of days listed in items a. through d. of this section of policy, may be granted yearly to each full-time employee, upon approval by the Superintendent of Schools/Designee for the following reasons:
- critical illness in the immediate family of the employee or spouse, or death in the immediate family of the employee or spouse (provided bereavement leave has been used). Immediate family is defined as spouse, parent, grandparent, child, sibling, daughter or son-in-law, grandchild, or non-family residing within the staff member's home (not to exceed 10 days);
- marriage in the immediate family (not to exceed 5 days);
- employee's divorce (not to exceed 5 days);
- obligations incurred by an employee through the process of adopting a child (not to exceed 5 days).
When practicable, emergency leave must be requested in advance of the absence. Any days taken as emergency leave, shall be deducted from current or accumulated sick leave.
All regularly appointed part-time certificated employees will be given a proportionate allotment of Emergency Leave.
NOTE: Emergency leave will not be interpreted to include (1) absence because of weather and road conditions or lack of transportation; or (2) illness of employee. Rev. 6/28/04
Leave for Jury Duty
Employees called for jury duty or subpoenaed to testify in a civil or criminal proceeding will be granted leave, not to be deducted from accumulated sick leave or personal leave. A copy of the summons must accompany the leave form.
Military Leave
An employee who is a member of the National Guard, or an organized military service of the United States, and who is required by laws of the United States or the State of Missouri to report for military duty, including training, shall be eligible for a grant of military leave.
Application for military leave shall be made in advance, as soon as practicable after the employee becomes aware of his/her obligation to report and immediately upon the employee's receipt of official notice to report. A copy of the official orders must be added to the leave application. The Superintendent/Designee must approve the application. Emergency mobilization orders shall be dealt with on an individual basis.
The District recognizes that employees who receive notice to report for duty typically are not provided with discretion as to when to report. However, whenever an employee has a choice as to when to report for military duty, the employee's military leave shall be arranged during periods in which school is not in session. When the employee is given a choice as to when to report for duty, the Superintendent/Designee may request that the employee seek a change in military orders if such a change appears in the best interest of the District.
Employees shall receive leave with pay for up to 120 hours of military leave in each federal fiscal year. Additional military leave shall be without pay, except as required by federal and state law.
Each employee shall furnish a copy of the employee's military payroll voucher to the Superintendent/Designee within thirty (30) days of the employee's return to regular assignment so that the necessary salary adjustments can be made.
Employee eligibility for reinstatement after military duty is completed shall be determined in accordance with federal and state laws. Rev. 7/8/2003
Leave of Absence
Upon the recommendation of the Superintendent/Designee and the approval of the Board, an employee of the District may be granted a leave of absence for non-Family and Medical Leave Act (FMLA) child care, education, or other good cause. Such leave is renewable upon written request for one additional year only. Application for leave is to be made in writing to the Superintendent/Designee via principal/supervisor and must include the period for which the leave is requested and the reasons for the request. The period should be set to least disrupt the education of students. Requests for leave for an entire school year should normally be made in writing before March 1 of the preceding year.
If leave is approved by the Board, the employee is not paid for the period of the leave. Insurance benefits may be continued by the employee by making all payments to the Payroll Office, one month in advance.
Whenever a leave of absence has been granted by the Board to the end of the school year, the employee must notify the Superintendent in writing by the first day of March of an intention to resume his/her position at the beginning of the next school year. Failure to notify the Superintendent/Designee of such intention will be regarded as a resignation.
Upon completion of an approved leave, provided proper notification is given, a teacher will be re-employed by the District unless placed on involuntary leave of absence if tenured; or, if notified of non-renewal of contract by April 15 if a probationary teacher.
If desired, and whenever feasible, the employee will be placed in the same or equivalent position to the one held prior to the approved leave.
The employee shall not lose accumulated sick leave or experience credit on the appropriate salary schedule when employment is resumed at the conclusion of the officially granted leave.
NOTE: Leave of absence without pay under the provisions of this regulation does not apply as service towards tenure for probationary teachers.
Rev. 6/2019
46. Regulation 4321
PERSONNEL SERVICES
Regulation 4321 Absences, Leave and Vacation
Family and Medical Leave
- ELIGIBLE EMPLOYEES
Employees eligible for family and medical leave must:
- Have been employed for a total of at least twelve (12) months (not necessarily consecutive); and
- Have worked at least 1,250 hours during the twelve (12) months immediately preceding the commencement of the leave (for non-instructional staff and part‑time instructional staff); or
- Have been considered full‑time (for instructional staff); and
- Be employed at a work-site where the employer employs at least fifty (50) employees within a 75‑mile radius.
All periods of absence from work due to or necessitated by USERRA-covered service is counted in determining the employee's eligibility for FMLA leave.
- QUALIFYING REASONS FOR LEAVE
An eligible employee may take unpaid leave for the following reasons:
- The birth of the employee's child (leave must be concluded within one (1) year of the date of birth).
- The placement of a child with the employee for adoption, or foster care when foster placement is pursuant to State action (leave must be concluded within one (1) year of the date of placement).
- The care of the employee's child (including biological, adopted, or foster child, step-child, legal ward, or child of a person standing in loco parentis, who is either under age 18, or age 18 or older and is incapable of self-care because of mental or physical disability), spouse or parent (including a person who stood in loco parentis to the employee when the employee was a child ‑‑ but not parent "in-law"), who has a serious health condition.
- The serious health condition of the employee that makes the employee unable to perform the essential functions of the employee's position
- Any qualifying exigency arising out of the fact the employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to active duty) requiring deployment to a foreign country in support of a contingency operation. Such leave may include Rest and Recuperation leave up to a maximum of fifteen (15) calendar days.
- Any qualifying exigency arising out a military member's parent who is incapable of self-care when the care is necessitated by the member's covered active duty.
- The care for a covered service member with a serious injury or illness, if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
- DEFINITIONS
- Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves the following:
- Inpatient Care: (overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care.
- Continuing Treatment: Continuing treatment ** by a health care provider***, including the following:
- Incapacity and Treatment: A period of incapacity of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
- Treatment two or more times, within 30 days of the first day of incapacity, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under order of, or on referral 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 under the supervision of a health care provider. The in-person treatment visit must take place within seven days of the first day of incapacity.
- Pregnancy or Prenatal Care: Any period of incapacity due to pregnancy, or for prenatal care (even if the absence does not last more than three days and the employee or family member does not receive treatment from a health care provider during the absence);
- Chronic Conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition (even if the absence does not last more than three days and the employee or family member does not receive treatment from a health care provider during the absence). A chronic serious health condition is one which:
- Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
- Continues over an extended period of time (including recurring episodes of a single underlying condition);
- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
- Permanent or Long-Term Conditions: A period of incapacity which is permanent or long‑term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
- Multiple Treatments: Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
- Exceptions: Unless complications develop, a Serious Health Condition does not include cosmetic treatments, such as most treatments for acne or plastic surgery, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc. Treatment for substance abuse by a health care provider or on referral by a health care provider may be a serious health condition if the conditions of this policy are met. Absence due to use of the substance, rather than for treatment, does not qualify for FMLA leave.
- Current Service Member:A serious injury or illness for a current service member includes any illness or injury that existed before the beginning of the member's active duty and which was aggravated by service in the line of duty on active duty in the Armed Forces.
- Covered Veteran: A serious injury or illness is one that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran and is:
- A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member's office, grade, rank, or rating; or
- A physical or mental condition for which the covered veteran has received a VA Service Rated Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; or
- A physical or mental condition that substantially impairs the veteran's ability to secure or follow substantially gainful occupation by reason of a disability or disabilities related to military service or would so absent treatment; or
- An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
- Treatment - examinations to determine if a serious health condition exists and evaluations of the condition. "Treatment" does not include routine physical, eye, or dental examinations.
- Health Care Provider - includes doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors (for limited purposes), nurse practitioners, nurse-midwives, clinical social workers, so long as they are licensed (if required by state law) and are performing within the scope of their practice as defined under state law; Christian Science practitioners listed with the First Church of Christ, Scientist, Boston, Massachusetts; any health care provider from whom an employer or a group health plan's benefit manager will accept certification to substantiate a claim for benefits; a health care provider as defined above who practices in a country other than the United States and is licensed in accordance with the laws of that country.
- Regimen of Continuing Treatment - A course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. A "regimen of continuing treatment" that includes the taking of over‑the‑counter medications such as aspirins, antihistamines, or salves, or bed rest, drinking fluids, exercise, and other similar activities that can he initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
- Qualifying Exigency- One of the following activities or conditions, occurring while the employee's spouse, son, daughter, or parent is on active duty in a foreign country or call to active duty status in the National Guard or Reserves:
- Short-notice deployment - notice is received seven days or less from date of deployment;
- Military events and related activities;
- Childcare and school activities - arranging for alternatives or changed circumstances;
- Financial and legal arrangements;
- Counseling;
- Rest and recuperation (15 days maximum);
- Post-deployment activities; and
- Additional activities agreed upon by the employer and employee.
- Covered Service Members- Any current member of the Armed Forces, including the National Guard or Reserves, and any covered veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
- Covered Veteran - An individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
- Instructional Employee - A person employed principally in an instructional capacity, whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aids who do not have as their principal function actual teaching or instructing, or auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.
- Length of Leave
All Employees
- General Rule: An eligible employee is entitled to up to twelve (12) workweeks* of unpaid leave within a twelve‑month period without loss of seniority or benefits. When both spouses in a family work for the District, they will be entitled to a total of twelve (12) weeks of unpaid leave (rather than weeks each) for the birth, adoption, or foster placement of a child, or to care for a parent with a serious health condition.
- The amount of leave available to an employee at any given time will be calculated by using the calendar year.
- All leave taken under the policy and leave for any other reason that would qualify under FMLA (e.g., worker's compensation leave that qualifies as a serious health condition), will be counted against the employee's leave entitlement under FMLA. Employees will be required to run all FMLA leave concurrently with other leaves available to the employee.
- When an employee is not required to report for work for one or more weeks (e.g., instructional employees who do not report for work during Christmas/New Year holiday, or during the summer), such days will not count against the employee's FMLA leave.
- Care of Covered Service Members Leave: An eligible employee is entitled to 26 workweeks of leave to care for a covered service member with a serious injury or illness during a single twelve-month period, which begins on the first day the eligible employee requests this type of FMLA leave. The employee may take leave to care for a covered service member and leave for one of the other FMLA-qualifying reasons; however, in no event may an employee take more than 26 weeks of leave in a single twelve-month period.
- Instructional Employees- End of Term Exceptions
- If an instructional employee** seeks leave for any purpose, including the employee's own serious health condition, of at least three (3) weeks in duration and the requested leave would begin more than five (5) weeks prior to the end of the academic term (school semester), the District may require the employee to continue taking leave until the end of the school term, if the instructional staff member's return to employment would otherwise occur during the three (3) week period before the end of such term.
- If the instructional employee seeks leave for any purpose other than the employee's own serious health condition, less than five (5) weeks prior to the end of the academic term, the District may require the staff member to continue taking leave to the end of the term, if the leave is greater than two (2) weeks in duration and the return to employment would occur within two (2) weeks prior to the end of the term.
- If the instructional employee takes leave for any purpose other than the employee's own serious health condition, within three (3) weeks prior to the end of the term, and duration of the leave is greater than five (5) days, the District may require the staff member to continue the leave until the end of the term.
- When an employee is required to take leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be charged against the employee's FMLA leave entitlement.
- Coordination with Existing Leave Policies
During a leave related to the employee's serious health condition, the employee shall exhaust all available paid sick leave, personal leave or vacation before continuing such leave on an unpaid basis.
During a family or medical leave provided under this policy for birth, placement of a child for adoption or foster care, or for care of a family member, an employee shall first exhaust all unused vacation or personal days before continuing such leave on an unpaid basis.
At the conclusion of a family or medical leave provided under this policy and regulation, an employee may elect to extend leave pursuant to the provision of other Board policies and regulations governing extended leave, so long as the employee is eligible for extended leave under such other policy or regulation. The amount of time taken for FMLA leave will be deducted from the period of leave available under other extended leave policies. Once the FMLA portion of the employee's leave has ended, and the employee has elected to continue on leave pursuant to another Board policy or regulation, the remaining portion of the leave will be governed by the provisions of the other policy or regulation with respect to compensation, benefits, reinstatement, and all other terms and conditions of employment as set forth in the other policy or regulation.
- Certification
The District shall retain the right to request a certification of the FMLA-qualifying need for leave from any employee making such a request. The procedure for providing such certification shall be as follows:
- Serious Health Condition- When an employee requests a leave of absence for a FMLA-qualifying reason, the employee must submit to the Superintendent/designee, a written medical certification form (available in the Superintendent/designee's office). When the leave is for the employee's own serious health condition and District provides a list of the employee's essential job functions, the employee's health care provider must certify the employee is unable to perform an essential function of the employee's job.
- Timing- Upon receipt from the District, an employee has fifteen calendar days to return a complete and sufficient certification of the serious health condition. If the certification is incomplete or insufficient, as determined by the Superintendent/designee, the District shall state in writing the nature of the deficiency and grant the employee seven additional calendar days to provide the District with a complete and sufficient certification. Failure to provide such certification within the specified time period may result in denial or delay of leave.
- Who May Contact Health Care Provider- In the event the District determines an employee's certification remains either incomplete or insufficient, after the employee has been notified of any deficiencies and been granted time to correct such deficiencies, the following individuals will be authorized to contact the employee's health care provider:
- The District's own health care provider;
- Human resources professional;
- Leave administrator; or
- Administration official.
Under no circumstances will the employee's direct supervisor be permitted to contact the employee's health care provider to certify the employee's health condition. Should an employee deny the District the ability to communicate with the health care provider regarding an incomplete or insufficient certification, the employee will be denied FMLA leave.
- Second/Third Opinion - The District reserves the right to require an employee receive a second (and possibly a third) opinion from another health care provider (at the District's expense) certifying the serious health condition of the employee or family member. Further, second and third opinions may be required for military caregiver leave certifications that are completed by health care providers, as defined in Section 825.125 of the FMLA, who are not affiliated with DOD, VA or TRICARE.
- Fitness for Duty - Before returning to work, an employee who is on leave for the employee's own serious health condition, must submit to the Superintendent/designee a health care provider's written certification form that the employee is able to perform the essential functions of the employee's job. The process for verifying the employee's fitness to return to duty shall be the same as for the initial certification set out above. Failure to provide a complete and sufficient fitness for duty certification may result in the delay or denial of job restoration.
- Recertification - During the employee's leave, the District may periodically seek a recertification, no less than once every thirty days, unless the duration of the leave is known to be longer, in which case the District will not seek recertification until the end of the known duration of FMLA leave. The general rule has three exceptions, which permit the District to immediately seek a recertification from the employee. These exceptions include the following: 1) the employee requests a leave extension; 2) the circumstances necessitating leave change; or 3) the District received information disputing the validity of an earlier certification.
- Intent to Return to Work- The District may require an employee to periodically report on the employee's intent to return to work.
- Family Relationship - Employees requesting FMLA-qualifying leave related to a family member may be requested to provide reasonable documentation of the family relationship.
- Qualifying Exigency- The District may require an employee to provide it with a copy of the covered military member's active duty orders in support of a contingency operation, prior to permitting FMLA leave for a qualifying exigency. The District may also require the employee to certify, with reference to appropriate facts, that the reason for taking FMLA leave is permissible as it is one of the eight enumerated basis for taking qualifying exigency leave, as stated above. The process for any such certification shall adhere to the procedure outlined for serious health conditions, listed above. For Rest and Recuperation leave, the District may require a copy of the military member's Rest and Relaxation leave orders, or other documentation issued by the military setting forth the dates of the military member's leave.
- Care for Covered Service Members- The District may require certification completed by the covered service member's health care provider prior to permitting an employee to use FMLA for the care of a covered service member. In addition to certifying the authenticity of the covered service member's serious injury or illness, any certification must also identify the injury or illness as occurring in the line of duty while on active duty. The process for any such certification shall adhere to the procedure outlined for serious health conditions, listed above.
- Care for Military Caregiver- The District may require a Certification of Military Caregiver Leave, to be completed by a Department of Defense (DOD) health care provider, a U.S. Department of Veterans Affairs (VA) health care provider, a DOD TRICARE network authorized private health care provider, a DOD non-network TRICARE authorized health care provider or a health care provider, as defined in Section 825.125 of the FMLA who are not affiliated with DOD, VA or TRICARE. If the District requests certification, an employee may submit documentation of enrollment in the VA Program of Comprehensive Assistance for Family Caregivers as sufficient certification of the covered veteran's serious injury or illness. The documentation will be deemed sufficient even if the employee is not the named caregiver on the document. However, if the employee submits the documentation of the service member's enrollment in the VA Program of Comprehensive Assistance for Family Caregivers, the District may require the employee to provide additional information, such as confirmation of the familial relationship to the enrolled service member or documentation of the veteran's discharge date and status.
- Possibility of Waiver of Certification- The District, at its sole discretion, may waive the certification requirements set forth in this Regulation, as the circumstances of each FMLA-leave request may permit. Under no circumstances shall the District's exercise of its discretion be interpreted or construed as a permanent waiver of the certification requirements, but such requirements shall remain in full force and effect unless and until the District specifically modifies or eliminates this Regulation.
- Intermittent or Reduced Leave
- Birth or Placement - Leave taken under this policy for the birth of a child, the placement of a child for adoption or foster care, or to care for such child may be taken on an intermittent or reduced work schedule only with the approval of the Board of Education.
- Non‑Instructional Employees - FMLA leave, other than birth or placement of a child, may be taken on an intermittent or reduced‑schedule basis when medically necessary. If an employee seeks leave on an intermittent or reduced‑schedule basis, the employee must submit medical certification, as discussed above, and additional certification from a health care provider, that the intermittent or reduced‑schedule leave is medically necessary.
- The District may require an employee taking intermittent or reduced‑schedule leave to transfer temporarily to an alternative available position for which the employee is qualified or may modify the employee's current position to better accommodate the employee's recurring periods of leave.
- Whenever the need for the FMLA leave is reasonably foreseeable, the employee must make a reasonable effort to schedule the treatment so that it is not unduly disruptive to District operations.
- Instructional Employees - Leave taken because of the employee or family member's serious health condition may be taken on an intermittent or reduced‑schedule basis when medically necessary. If an employee seeks leave on an intermittent or reduced‑schedule basis, the employee must submit medical certification, as discussed above, and additional certification from a health care provider that the intermittent or reduced‑schedule leave is medically necessary.
If an instructional employee requests intermittent leave to care for a spouse, son, daughter, or parent, or for the serious health condition of the employee, that is foreseeable based on planned medical treatment, and the employee would be on leave for more than twenty (20) percent of the total number of working days over the period of the leave, the District may require the employee to:
- Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
- Transfer temporarily to an available position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.
The employee must make a reasonable effort to schedule the treatment so that it is not unduly disruptive to District operations. The District will not require the employee to take more leave than is necessary to address the circumstances that precipitated the need for the leave, and will calculate time lost in the same method used to calculate other types of absences, at an increment of no more than one hour.
- Insurance Premiums
During an employee's family or medical leave of absence, the District will continue to provide health, life, vision, and dental insurance coverage for employees who are eligible for insurance benefits. Voluntary deductions (employee contributions) for (dependent) insurance for health/life/vision/dental (and employee disability and/or supplemental life insurance) must be paid in full each month and received by the twenty-fifth (25th) day of the month. Payments are to be submitted to the insurance office. Failure to make payments in a timely manner while on FMLA leave may result in the loss of any and all insurance coverage provided by the District to its employees. Employees should contact the District administrator responsible for coordinating insurance benefits regarding specific arrangements for making the required payments.
- Job Restoration
Upon return from FMLA-qualifying leave in accordance with this Regulation, the employee will be returned to the same or an equivalent position with no loss in benefits that accrued prior to the leave of absence. An employee who does not return to work at the end of an authorized leave may be subject to termination.
If an employee fails to return to work after the termination of the leave period, the District may recover health insurance premiums paid under the group plan during the leave period, except in certain circumstances (e.g., continuing serious health condition of employee or family member needing care, or other circumstances beyond control of employee). The District may recover any other insurance premiums (e.g., premiums for supplemental life insurance or for dependent coverage), submitted on behalf of the employee, for which the District has not been reimbursed, either upon the employee's return to work or the employee's failure to return after unpaid family or medical leave has ended.
- Notification
- District Notification Procedure- The District shall provide its employees with notice of their rights and responsibilities under the FMLA through use of the following Notices:
- General Notice- A poster summarizing the FMLA entitlements shall be placed in an area accessible for employees and shall also be provided to each employee in the employee handbook.
- Eligibility Notice- This Notice shall state whether the employee qualifies to take FMLA leave.
- Rights and Responsibilities Notice- This Notice, issued in conjunction with the Eligibility Notice, will specify if a certification will be required from the employee, identify if paid leave will run together with the FMLA leave, address the procedure for making health insurance payments, the consequences of failing to make timely payments, and the employee's liability for repayment of health insurance premiums if the employee fails to return to work at the expiration of their FMLA leave. Finally, this Notice will explain the employee's right to return to the same or an equivalent job at the expiration of their FMLA leave. Both the Eligibility and Rights and Responsibilities Notices will be provided to all employees within five (5) business days of when the District becomes aware of a potential FMLA situation.
- Designation Notice- Within five (5) business days of the District's receipt of sufficient information from the employee to make a determination, the District shall provide the employee with the Designation Notice, which shall inform the employee if the leave shall be designated as FMLA leave. This Notice will designate the amount of leave counted against the employee's entitlement, specify if the FMLA leave will run concurrently with any accrued paid leave, and notify the employee if a fitness-for-duty exam will be required prior to returning to work.
- Employee Notification Requirements- Absent unusual circumstances, all employees seeking FMLA leave must follow the District's customary call-in procedure for reporting absences. An employee who can reasonably foresee the need to take FMLA leave is required to notify the District of the date of commencement and the expected duration of the leave at least thirty days in advance of the leave, or if the need for the leave is not foreseeable, as soon as practicable. When the need for leave is foreseeable, an employee's failure to provide thirty days notice prior to taking leave may result in denial or delay of leave. An employee requesting leave under this policy should submit a completed application for leave form (forms available in the Superintendent's office) to the Superintendent/designee. An employee's failure to follow the District's call-in procedure is grounds for the delay or denial of the employee's FMLA leave request.
- ADDITIONAL FMLA INFORMATION
The foregoing regulation represents compliance with the provisions of the Family and Medical Leave Act of 1993 and its revised regulations. Any employee desiring additional information or explanation of the rules and regulations of the Act, should review the District's General Notice Poster or arrange a conference with the Superintendent/Designee.
Rev. 12/2013
47. Policy 4630
PERSONNEL SERVICES
Policy 4630
Performance Evaluation
Staff Conduct
The Board of Education requires all staff members to serve as positive role models for District students. District schools exist to provide quality, cognitive, and affective education for District students in a safe and appropriate setting. In achieving these objectives, staff are required to meet certain performance criteria including, but not limited to:
- Review and Comply with Board policies, regulations, and procedures as well as related building rules and practices.
- Properly prepare for student instruction.
- Fully utilize instructional time for learning activities.
- Maintain students under active supervision at all times.
- Assess student performance in a regular and accurate manner.
- Modify instructional goals to meet the needs of each student.
- Comply with administrative directives.
- Communicate with students in a professional and respectful manner.
- Communicate with colleagues, parents, and District citizens in a professional manner.
- Properly operate and maintain district property.
- Utilize district technology solely for school district business.
- Maintain required records and submit requested reports in a timely manner.
- Comply with all safety guidelines and directives.
- Refrain from the use of profane and obscene language.
- Dress in a professional manner.
- Attend to all duties in a punctual manner
- Maintain student confidentiality pursuant to state and federal law.
- Follow and implement student Individual Education Programs (IEP) under the Individuals with Disabilities Education Act (IDEA) or plans under Section 504 of the Rehabilitation Act.
- Maintain and account for District funds in the staff member's possession and control.
- Maintain professional relationships with students. With the exception of students who are immediate family with the staff member, this requirement also includes avoiding situations that could lead to allegations of inappropriate relationships with students, including, but not limited to:
- Being present in any setting where students are provided or are consuming alcohol or illegal drugs.
- Communicating with students, electronically or in person, about the student's sexual activity or concerning the staff member's sexual or romantic conduct.
- Being present on District premises alone with a student in a room where the door is closed, the door is locked, or the lights are off, unless required temporarily due to emergency circumstances. Counselors and administrators are exempted from this prohibition in performance of professional duties.
- Communicating with students about sexual topics outside approved District curriculum, unless done as part of a District investigation into sexual abuse or harassment.
- Allowing students to drive a staff member's vehicle.
REV. 3/16
48. Policy 4650
Policy 4650(Regulation 4650)
Performance Evaluation
Communication with Students by Electronic Media
Employee personal communication with students in all forms including oral and nonverbal must be professional and respectful and consistent with Board policy. All communications between employees and students must be consistent with a teacher-student relationship. Communication shall be deemed to be inappropriate if such communication is sexual in nature, is sexually suggestive, suggests romantic activity with student or students, occurs at an inappropriate time or place, or is otherwise inconsistent with Board policy. Violation of this provision will result in disciplinary action up to and including dismissal.
Communications between employees and students will be primarily direct, oral or written in nature. Employees are strictly prohibited from engaging in Private Electronic Communications with students, as defined in Regulation 4650. As specified in Regulation 4650, the term "Private Electronic Communications" includes communicating with students on social networks, websites, or webpages that are not accessible to the public, e-mailing with students, and texting students. This prohibition does not preclude Private Electronic Communications between employees and their siblings and children who may be district students.
The district will provide official electronic media which may be utilized by teachers and coaches for communication with students for dissemination of school related information (i.e., homework, practice schedules, supplemental instructional material) and for collaborative tasks.
REV. 3/15
49. Policy 4850
PERSONNEL SERVICES
Policy 4850 (Regulation 4850)
Staff Welfare
Staff Dispute Resolution
- Board Grievance Policy
- The Board of Education recognizes that in any workplace misunderstandings and disputes arise. If left unresolved, these disputes could undermine staff morale and can interfere with the educational mission of the District.
- The Board has adopted a formal process for dispute resolution that encourages employees to resolve concerns quickly and at the most immediate administrative level.
- This policy does not limit the right of any employee to file grievances under Policy and Regulation 4810- Sexual Harassment, or Policy and Regulation1310- Civil Rights, Title IX, Section 504.
Rev. 1/2010
50. Safe Schools Act of 1996
Safe Schools Act of 1996
(Selected excerpts and summaries)
Several areas have been addressed by the Safe Schools Act of 1996. Amendments were added in 1997 and 2000. Items discussed below pertain to classroom and staff issues, in particular. The full Safe Schools Act is on file at Central Office and in the office of the Director of Emergency Preparedness.
- School Discipline Policies
- School districts must establish a written discipline policy, including a district statement of district position on corporal punishment.
- Provide copy to parents and students (school handbook, district calendar, etc.).
- All employees will receive instruction in the contents and use.
- Reporting requirements
Administrators are required to report acts of violence. These include, but are not limited to, felony acts such as murder, kidnapping, assault, forcible rape and sodomy, burglary, robbery, distribution of drugs, arson, manslaughter, felonious restraint, property damage, and possession of a weapon. The administrator must report such infractions to the superintendent and a law enforcement agency if the act, if committed by an adult, would be an assault or possession of a controlled substance or weapon.
A teacher or school employee must immediately report an assault to the principal. The employee must also report the finding of a weapon or controlled substance. (The good faith reporter will not be civilly liable for providing such information to the police.) To not report (willful neglect or refusal to report) is a crime.
- Definition of a weapon
These items include, but are not limited to, firearms, blackjacks, explosives, firearm silencer, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, shotgun, spring gun and/or switchblade knife.
- Penalties for possession of a weapon
The discipline policy shall provide for a suspension for a period of not less than one year, or expulsion, for a student who is determined to have brought a weapon to school in violation of district policy, except that: the superintendent may modify each suspension on a case-by-case basis; and this shall not prevent the district from providing educational services in an alternative setting to a student suspended under the provisions of this section.
- Removal of students
Immediate removal may be taken by principal, superintendent, or school board that the student poses a threat of harm to others as evidenced by poor conduct, past actions, criminal court records, or juvenile records.
- Miscellaneous
Assault while on school property is defined and classified as a Class D felony. Drug-free school zones are within 2000 feet of public school property. Distribution of drugs near schools is a Class A felony. Crime of making a false bomb threat has been changed to a Class D felony. Crime of Making a Terroristic Threat, 574.150RSMo.2000: A person commits the crime of making a Terroristic Threat if he communicates a threat to commit a felony, makes a knowingly false report concerning the commission of any felony, or knowingly makes a false report concerning the occurrence of any catastrophe to frighten or disturb 10 or more people (Class C felony), to cause the evacuation or closure of any building, inhabitable structure, place of assembly or transportation facility (Class C felony) or with reckless disregard of the risk of causing the evacuation or closure of any building, inhabitable structure, place of assembly or transportation facility (Class D felony).
July 2008