HOBART SCHOOL BOARD

BOARD POLICY MANUAL

ARTICLE EIGHT: PERSONNEL

I. GENERAL POLICIES
I. A. Nondiscrimination
I. B. Posting of Notices
I. C. Hiring Practices
I. D. Training & Health Precautions for communicable diseases
I. E. School Personnel with AIDS (adopted 4/2/92)
I. F. Sexual Harassment
I. G. Job Descriptions
I. H. Professional Development
I. I. Leaves of Absence (adopted 10/25/93)
I. J. Evaluation (adopted 10/25/93)
I. K. Discipline (adopted 10/25/93)
I. L. Compensation and Benefits
I. M. Mileage Reimbursement
I. N. PERF and Teacher's Retirement Fund
I. O. Child Abuse Reporting
I. P. Occupational Health
I. Q. Drug Free Workplace
I. R. Employee Assistance Plan
I. S. Cobra
I. T. Assignment and Transfer
I. U. Resignation
I. V. Exit Interviews
II. CERTIFICATED EMPLOYEES
II. A. Permanent
II. A. 1. Contract
II. A. 2. Hiring
II. A. 3. Certification
II. A. 4. Reduction in Force (RIF)
II. B. Temporary and Part Time
II. C. Student Teacher
III. NON-CERTIFICATED (adopted 10/25/93)
III. A. Transportation

I. GENERAL POLICIES (adopted 10/25/93)
In order to best serve the needs of the students entrusted to our care, it shall be the goal of this policy to insure the highest caliber employees for the School City of Hobart, and to provide those employees with a safe, secure and healthy working environment.

The General Policies established in this section shall apply to all employees; specific policies relating to individual employee groups are contained in the appropriate sections which follow. It is understood these policies may be modified by contractual agreement with employee collective bargaining units.

All employees are expected to comply with those reporting requirements extablished by state or federal law, including those contained in Paragraphs O and Q of this Article.

I A. Nondiscrimination (adopted 4/2/92)

I A 1. It is the policy of this School Corporation not to discriminate on the basis of race, sex, age, ancestry, religion, or handicap in employment, or in the administration of education programs or activities which it operates.

I A 2. The existence of a physical handicap, restriction or disability shall not be the basis for excluding an otherwise qualified individual from employment or advancement solely by reason of his or her condition if, by reasonable accommodation, the individual can still perform the essential duties of the position.

I B. Posting of Notices (adopted 4/2/92)
Notices required by state or federal law to be posted for employee viewing shall be posted in the designated area of each building, in such manner as to be seen by all employees.

I C. Hiring Practices (adopted 4/2/92)

I C 1. Each person applying for employment with the School City shall be asked, as a part of the employment application process, if they are aware of any restriction which may affect their ability to substantially perform the essential functions of the position they are seeking. Failure to disclose such a condition of which the applicant is aware shall be grounds for dismissal.

I C 2. All new employees shall have a health examination after an offer of employment. If requested by the Superintendent, this shall be at least five (5) days prior to the first working day. Such examination shall be made by a physician licensed to practice medicine in the State of Indiana, and approved by the Superintendent.

I C 3. Individuals may not be employed who are addicted to alcohol or drugs.

I C 4. All employees as a condition of employment shall sign an authorization form for a limited criminal history investigation and submit such with a current application. (adopted 12/3/92)

I C 5. The Superintendent may set a probationary period for new employees during which period the employee may be summarily terminated. Such probationary period may be extended in cases where the Superintendent deems necessary.

I D. Training & Health Precautions for communicable diseases (adopted 4/2/92)

I D 1. Each school year the school nurse shall inform school employees of current medical information on the AIDS virus, including the characteristics of the virus, behaviors demonstrating a high risk of transmission, and precautions that reduce the risk of the disease.

I D 2. The Superintendent shall assure there is in place a written Exposure Control Plan which complies with the U.S. Department of Health and Human Services regulations regarding employees exposure to blood and other potentially infectious materials. Such plan shall address (a) Employee exposure determination; (b) a schedule and implementation procedure to comply with the regulations, provide for Hepatitis B vaccinations, post-exposure evaluation and follow-up, communication of the plan to employees, and maintenance of medical and training records; and (c) the procedure for evaluating the circumstances surrounding an incident of exposure.

I E. School Personnel with AIDS (adopted 4/2/92)
Decisions regarding the hiring, firing, promotion and compensation of employees will not be based on AIDS related matters.

I F. Sexual Harassment (adopted 4/2/92)
Sexual harassment of employees is prohibited. Sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the based for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment." {129C.F.R.1604.11]

I F 1. The administration shall advise each employee of the school corporation in writing, at least annually, that sexual harassment is expressly prohibited, and the procedures to be utilized for reporting violations of this policy.

I F 2. The administration shall designate individuals to whom reports of sexual harassment may be made, in sufficient number to assure that each employee shall have knowledge of at least two (2) people, other than their direct supervisor, to whom reports may be made; as well as the procedure to be used.

I F 3. The administration shall develop regulations setting forth the procedure to be used in responding to complaints of sexual harassment, investigating the allegations, and taking appropriate action with regard to the employer.

I F 4. The Superintendent is directed to establish training for supervisors in identifying conduct that can constitute sexual harassment.

I F 5. No employee may be retaliated against in any way for filing a complaint or allegation of sexual harassment.

I G. Job Descriptions (adopted 4/2/92)
The Administration shall keep current, job descriptions for employees of the School City of Hobart which include the physical requirements of the essential functions of the position. Such job descriptions shall supplement any requirements imposed by State or Federal law.

I H. Professional Development (adopted 10/25/93)
All employees are encouraged to continue growth and development of the skills needed for their position.

I I. Leaves of absence (adopted 10/25/93)

I I 1. Family and Medical Leaves
The Superintendent shall develop procedures to facilitate compliance with the Family and Medical Leave Act of 1993. {29 U.S.C. 2601 et seq.}

I I 2. Professional leaves
Requests for professional leave must be submitted to the Superintendent, in writing and in timely fashion. Leaves requiring absence of one semester or more must have approval of the Board.

I J. Evaluation (adopted 10/25/93)
Each employee's written annual evaluation should be based on their job description and on definitive goals established at prior evaluations. It is the philosophy of the board that evaluation be used as a tool for professional growth, rather than a critical report of employee shortcomings. There must be an emphasis on providing each employee opportunities for growth and development experiences which will reflect positively on their performance.

I K. Discipline (adopted 10/25/93)
The Superintendent shall set procedures for suspension or discharge of employees, and may recommend to the board suspension or discharge of any employee for cause within the guidelines of state law.

I L. Compensation and Benefits (adopted 10/25/93)
The Superintendent shall recommend to the board, on an annual basis, the compensation and benefits for all employees. The current compensation and benefits structures shall be inserted as Appendix D to this policy.

I M. Mileage Reimbursement (adopted 10/25/93)
The standard mileage allowance in effect under Internal Revenue Service regulations as of January 1st of each year shall establish the rate at which employees shall be reimbursed for use of personal vehicles during that calendar year. Changes made by the IRS to the calendar year rate after January 1, even if retroactive to January 1, shall not apply for that calendar year.

I N. PERF and Teacher's Retirement Fund (adopted 10/25/93)
Any employee to whom the Indiana State Teachers' Retirement Fund Act or Public Employees Retirement Fund Act applies shall, as a condition of employment, have the duties and obligations of such Act made a part of the agreement.

I O. Child Abuse Reporting (adopted 10/25/93)
Any staff member who suspects that a child has been abused or neglected shall immediately notify by telephone the Department of Public Welfare, Protective Service Unit. Telephone calls shall be made from the office of the principal or principal's designee and the principal or designee must immediately be appraised of the suspected abuse or neglect. Concurrence on the part of the principal or designee that abuse or neglect may have occurred is not necessary. The staff member and the principal or designee shall both, on the same day, effect a written report pursuant to the suspected abuse or neglect.

The Superintendent shall notify each employee in writing, on an annual basis, of relevant law regarding the reporting of child abuse or neglect.

I P. Occupational Health (adopted 4/2/92)

I P 1. The Superintendent shall have the authority to require any certificated or non-certificated employee to have a health examination at any time, if in his judgment the health and welfare of the employee, other employees, or the students, demand it. This shall include drug testing where there is reasonable suspicion that the employee has engaged in illegal drug use. Failure of the employee to cooperate shall constitute grounds for suspension or dismissal.

I P 2. The Superintendent shall have the authority to immediately suspend any employee whose physical condition is detrimental to the welfare of the other employees or the students.

I P 3. Physical examinations required by this policy shall be confidential, shall not be used to improperly discriminate against otherwise qualified employees, and shall be made at no cost to the employee provided the services of a physician designated by the school corporation are used. If physical examinations are done by the employee's physician, the School Corporation may require a second opinion from a physician approved by the Corporation at its' expense.

I P 4. Any injury arising out of and in the course of employment shall be reported in writing to the Administration as soon as practicable after the injury.

I P 5. The Superintendent is authorized to establish programs designed to promote employee health and wellness.

I Q. Drug Free Workplace (adopted 10/25/93)
The unlawful possession, manufacture, use, being under the influence, dispensing or distribution of illicit drugs or alcohol on school premises, as a part of any of the school's activities, or in the workplace, is strictly prohibited. Compliance with this policy is mandatory for all personnel, and constitutes a term and condition of employment.

I Q 1. An employee who violates this policy shall be subject to disciplinary sanctions, up to and including termination of employment and referral to appropriate law enforcement agency for prosecution.

I Q 2. As a condition of employment, an employee shall notify the superintendent of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after conviction.

I Q 3. Within ten (10) days after receiving notice such conviction, the superintendent shall notify appropriate state and federal agencies of such conviction.

I Q 4. Within thirty (30) days of receiving notice of such conviction, the superintendent shall take appropriate personnel action against such convicted employee to terminate the employee from further employment with the School City of Hobart.

I Q 5. In order to make a good faith effort to maintain a drug free workplace, the superintendent shall establish a drug free awareness program to inform employees about:

I Q 5a. the dangers of drug and alcohol abuse in the workplace;

I Q 5b. the school corporation's policy of maintaining a drug free workplace;

I Q 5c. any available drug or alcohol counseling, rehabilitation and employee assistance programs; and

I Q 5d. the penalties that may be imposed upon employees for drug or alcohol abuse violations occurring in the workplace.

I Q 6. Employees shall be given a copy of the standards of conduct set forth herein and a statement of disciplinary sanctions for violation of such standards.

I Q 7. In order to determine the effectiveness of this policy and any programs established to maintain a drug and alcohol free workplace, and in order to ensure that disciplinary sanctions are consistently enforced, the superintendent shall cause to be conducted a biennial review of such programs.

I R. Employee Assistance Plan (adopted 10/25/93)
The School City of Hobart believes employees are responsible for their own job performance, and will, therefore, be held totally accountable for the results of their work behavior.

The Board also recognizes that job performance may be adversely affected when an employee is experiencing stress or personal problems. To assist employees impacted by personal concerns, the Superintendent shall develop an Employee Assistance Plan (EAP), available to all employees without cost.

I R 1. The intention of the EAP shall be short term intervention and problem assessment. Should in-depth counseling or assistance be necessary, the EAP will assist in making a referral to the appropriate caregiver, with the employee responsible for any expenses not covered by their insurance.

I R 2. In the event of disciplinary proceedings by a supervisor, referral to the EAP is for the purpose of problem assessment only. Following the recommendations for problem correction remains the employee's choice.

I R 3. The EAP shall maintain strict confidentiality in compliance with state and federal laws. Accessing the EAP will not affect any employee's current job status or future opportunities for advancement. No information regarding employee participation in the EAP shall be indicated in their permanent employment file.

I R 4. Employees wishing to avail themselves of the services of the EAP will do so on their own time.

I R 5. Employees referred to the EAP by their supervisor may schedule the initial interview during regular work hours. If the initial interview extends beyond normal work hours, overtime will not be paid. All follow-up sessions will be on the employee's own time.

I S. Cobra (adopted 10/25/93)
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires employers to offer continuation coverage to employees and dependents who would otherwise lose group health plan coverage because of certain qualifying events. It is the intent of this policy that COBRA requirements, including any amendments thereto, be adhered to for all qualifying employees.

I T. Assignment and Transfer (adopted 10/25/93)
The Superintendent is authorized to assign, or re-assign all employees to serve the best interests of students and the school corporation.

I U. Resignation (adopted 2/21/80)
The Board authorizes the Superintendent to accept in its behalf a resignation submitted in writing by any employee. (Source I.C. 5-8-4-1(t))

A written resignation submitted to the Superintendent of Schools may not be withdrawn, rescinded, annulled, or amended without the consent of the Board.

V. Exit Interviews (adopted 8/31/96)
Exit interviews afford departing personnel the opportunity to express their views about our school corporation, and may provide valuable information to school officials. It is the intent of this policy that exit interviews be conducted for all employees, where possible, prior to the effective date of their retirement or resignation. Responsibility for the exit interviews shall be:

I V 1. The Board is responsible for the exit interview with departing administrators.

I V 2. The Superintendent shall design a procedure for identifying the person responsible for all other exit interviews.

II. CERTIFICATED EMPLOYEES (adopted 10/25/93)

II A. Permanent

II A 1. Contract
The superintendent in accordance with PL 217 of the Acts of 1973 is hereby authorized to issue either individual teacher contracts if a settlement has been reached through collective bargaining or tentative individual contracts fourteen (14) days prior to the budget submission date if no settlement is reached to insure that an adequate staff will be available for the subsequent school year.

II A 2. Hiring
A condition of employment shall be that the candidates selected shall hold, on or before the effective date of the contract term, a valid Indiana license or certificate applicable to the position for which he shall be employed. Such license or certificate shall be effective on or before the beginning date of the contract term.

II A 3. Certification
Each employee shall be required to have on file in the superintendent's office during the period of employment:

II A 3a. A valid certificate issued by the Indiana Department of Public Instruction.
II A 3b. An official transcript of all college and university work.
II A 3c. Proof of teaching experience outside the School City of Hobart.

Each employee shall maintain, during their term of employment, at least the endorsements and/or teaching area certifications present at the time of hire, and shall give timely notice to the Superintendent of any changes. Exceptions to this rule may be made upon appeal to the Superintendent with the consent of the board.

II A 4. Reduction in Force (RIF)
It is the desire of the board that reduction in force based on permanent, semi-permanent or nonpermanent status shall not be utilized if it would result in the replacement of elementary art or music teachers unless the replacing teacher has a major in that area; or in the replacement of teachers possessing special entry qualifications unless the replacing teacher can meet those qualifications. The Superintendent shall notify the qualified bargaining agent in the event the school employer relies on a special entry level qualification in determining an employee to be terminated due to reduction in force.

II B. Temporary and Part Time

II B 1. Substitute Teacher
Substitute and part time teachers must be employed in accordance with state law.

II C. Student Teacher
The School City of Hobart may accept a reasonable number of Indiana college students as student teachers. Approval shall be given to the college by the principal and the superintendent. Only a teacher who meets the requirements for supervising a student teacher shall be assigned in this endeavor.

III. NON-CERTIFICATED (adopted 9/21/95)

III A. Transportation
It is the purpose of this policy to encourage an enlightened viewpoint toward alcoholism and other drug dependencies as behavioral/medical problems which can be treated. At the same time, the Board of School Trustees of the School City of Hobart is concerned about the adverse effects of alcohol or other drug use on employee performance, health and safety. Drivers are expected and required to be in a suitable metnal and physical condition while at work, performing their jobs satisfactorily and behaving appropriately. When the use of alcohol and other drugs interferes with such expectations, a driver's failure to meet these basic expectations will result in disciplinary action up to and including termination.

This policy applies to all School City of Hobart drivers and prospective drivers who are required to hold a Commercial Driver License (CDL) to perform their job functions. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or substances, or the abuse of legal drugs on school property, while on school business, or while operating school vehicles and equipment, is prohibited. Drinking alcoholic beverages during working hours, 4 hours before reporting to work, or having any measurable amount of alcohol in his/her system during working hours is prohibited, whether on or off school property. Working hours include all breaks. Off-duty use of drugs and alcohol is prohibited to the extent it affects a driver's attendance or performance and his/her ability to pass required DOT alcohol and controlled substance tests. Any violation of this policy is grounds for termination as a driver for the school corporation and possible legal prosecution.

Since physician directed us of drugs can affect behavior and performance, drivers are encouraged to advise their supervisor whenever they are taking drugs for medical reasons. When such use of drugs adversely affects job performance or safety, it is in the best interest of the driver, co-workers, and the School Corporation that the driver take sick days, or, if necessary, unpaid leave, within the School Corporation's leave policy.

The School City of Hobart reserves the right to terminate any driver who violates the School Drug and Alcohol Policy for CDL drivers. Employees who are convicted of alcohol or drug-related charges may be subject to School Corporation disciplinary action, up to and including termination. The School Corporation may offer the driver (at the driver's expense) the opportunity to receive appropriate treatment.

Any information concerning a driver's drug or alcohol abuse will be available only to members of the Board of School Trustees and administrators whom the superintendent believes should be aware of this information. Unless otherwise required by law, this information will not be disclosed by the School Corporation to any other employer, organization, or individual without the driver's written consent.


 

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Minor editorial changes were made to Board Policy in adapting it for presentation on the Web. These should not interfere with the accuracy of this presentation, but it should be understood that the text document is still the official source for Board Policy.