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EdCounsel | Independence School District | District Policies

independence

School District

District Policies

  • E-100-P Employee Manual

    The Board will annually approve the Employee Manual and expects all staff members to become familiar with and comply with all rules in the Employee Manual.


    Adoption Date(s): July 12, 2023

  • E-105-P Hiring of Employees

    The District is committed to the employment of high quality staff members.  The District will employ full-time, part-time, and substitute staff members to suit the needs of the District. The Superintendent will make recommendations to the Board regarding the staffing needs of the District and will make recommendations regarding the hiring of individuals to fill positions. A majority of the whole Board must approve the employment of all teachers, and the Board delegates the hiring of non-contractual support staff members, and the re-employment of teachers, to the Superintendent. The employment procedures used by the administration and the Board will comply with all applicable state and federal laws. The Board directs the Superintendent to create procedures for the advertising of positions when necessary. The District may employ individuals who are currently retired and receiving retirement benefits from a public retirement system in accordance with the laws and regulations governing the hiring of retirees. 


    A majority of the whole Board is required to approve all compensated extra-duty positions and assignments for certified staff members and assign appropriate amounts of compensation for extra duty positions and assignments.


    The District requires that employees undergo background checks in accordance with the law and any additional established requirements created by District administration.  The Board authorizes the reimbursement of expenses incurred by an employee for state and federal criminal history information if the administration establishes such practices of reimbursement. 


    The District will conduct a background check on all individuals volunteering in positions where they may be periodically left alone with students or who may have access to student records. Volunteers who chaperone students on overnight trips or who are sponsors, advisors, or coaches of District sponsored activities must satisfactorily complete a criminal background check.


    The District is not required to conduct a background check on volunteers who have received a background check conducted by another Missouri school public school within the past year if the District receives a copy of the background check directly from the previous District or obtains electronic access to the previous background check.


    The Superintendent may require other volunteers to undergo a background check or the District may conduct a search of the MSHP’s criminal history database and the FCSR or CD central registry of child abuse and neglect.


    Public Service Loan Forgiveness

    In accordance with the law, the Board directs the Superintendent or designee to provide to new employees, within ten days following the start of employment, and to current employees upon request, up-to-date, accurate, and complete information regarding eligibility for public service loan forgiveness.


    Adoption Date(s): July 12, 2023

  • E-110-P Compliance with the Fair Labor Standards Act

    The District will comply with all applicable aspects of the Fair Labor Standards Act in the employment of exempt and nonexempt staff members. 


    Compensation of Staff Members 

    The Board must approve the compensation of all staff members of the District upon hire and periodically upon the recommendation of the Superintendent. Only the Board has the authority to set and change the compensation of employees. 


    Annually, the Board will adopt compensation structures upon the recommendation of the Superintendent and in accordance with the budget adopted by the Board. In accordance with state law, teachers will be paid pursuant to a salary schedule applicable to all teachers of the District and all full-time teachers will be compensated at a level not less than the minimum teacher’s salary set by the state. The Board may choose to adopt salary schedules and/or wage schedules for non-teacher employee groups, such as administrators and members of support staff, and for extra duty assignments, or the Board may choose to set individual levels of compensation for non-teachers and for extra duties. The budget will be adopted no later than June 30th each year, which will include compensation levels for all employees for the upcoming school year. 


    Any salary/wage schedule adopted by the Board may be modified in accordance with the law and in accordance with any applicable employment contracts and/or collective bargaining agreements. The Board may elect to freeze the operation of some or all salary/wage schedules. 


    Employees who are under contracts of employment will not receive compensation in excess of the amount set forth in the contract of employment for the contract year unless the employee assumes additional or extra duties beyond the duties contemplated by the contract of employment. 


    Pay Periods

    The Board will adopt a schedule for disbursement of compensation to employees of the District for regular duties and extra duties. 


    Payroll Deductions

    The Board authorizes the Superintendent or designee to develop processes for payroll deductions related to employee requests and as otherwise permitted by law. Notice regarding payroll deductions processes will be included in the Employee Manual. 


    Adoption Date(s): July 12, 2023

  • E-111-P Lactation Accommodations

    The District will provide accommodations in each school building to lactating employees, teachers, and students to express breast milk, breast-feed a child, or address other needs relating to breast-feeding. The District will provide a minimum of three opportunities during a school day, at intervals agreed upon by the District and the individual, to accommodate an employee, teacher, or student’s need to express breast milk or breast-feed a child. 


    The accommodations will be in the form of a room, other than a restroom, for the exclusive use of women to express breast milk or breast-feed a child. The accommodation will be located in close proximity to a sink with running water and a refrigerator for breast milk storage and have, at a minimum, the following features:

    • Ventilation and a door that may be locked for privacy;
    • A work surface and a chair; and
    • Conveniently placed electrical outlets. 

    Such accommodations will be available to each lactating employee, teacher, or student for at least one year following the birth of the employee, teacher, or student’s child. Such accommodations may be available longer than one year, as determined by the Board. 


    Adoption Date(s): July 12, 2023

  • E-115-P Employee Leave

    The District will provide leave to employees as required under the Family and Medical Leave Act in accordance with federal law, and provide all other types of leave protected or required by state and/or federal law. 


    Annually, the Board will review and adopt an Employee Manual which sets forth the District’s leave procedures applying to all staff members.


    Adoption Date(s): July 12, 2023

  • E-120-P Employee Benefits

    Benefits, including various insurance benefits, are offered by the District to qualifying professional and support staff members as part of compensation packages. The District will provide benefits to retirees as required by law. These benefits are reviewed annually and, when required, bid out according to the law and District policies and procedures. The Board delegates to the Superintendent the responsibility to review and provide recommendations regarding benefits packages. The Board must approve all benefits offered to employees.


    Adoption Date(s): July 12, 2023

  • E-125-P Employee Health and Safety

    The District is committed to provide safe working conditions for all staff members. The District administration will develop health and safety protocol and train employees regarding protocol relevant to job duties and assignments. The District will maintain insurance to provide for workers’ compensation in accordance with the law.


    Adoption Date(s): July 12, 2023

  • E-130-P Drug-Free Workplace

    The Board is committed to the safety of the students and staff of the District, and as such, adopts this policy and delegates to the administration the implementation of additional rules and procedures for the maintenance of a drug-free school and workplace. The Employee Manual and the Administrative Manual will include all required notices regarding the District’s drug-free workplace requirements and applicable procedures. 


    The Board specifically authorizes the use of drug and alcohol testing for employees if District administration has reasonable suspicion that a staff member has violated this policy or the rules set or implemented by the administration regarding drugs and alcohol, including the use of post-injury testing for alcohol or non-prescribed controlled substances in accordance with the procedures outlined in the Administrative Manual and the law.


    Adoption Date(s): July 12, 2023

  • E-135-P Professional Development for Employees

    The District administration will create, and the Board will support professional development activities with the adoption of the annual budget. The District administration will develop the professional development plan. 


    Adoption Date(s): July 12, 2023

  • E-140-P Evaluation of Employees

    In alignment with the commitment to recruit and retain highly qualified staff members, the District administration will develop and implement an evaluation system for staff members of the District. The evaluation of professional staff members will comply with applicable laws and DESE regulations. Supervisors will be trained on the evaluation tools which they are responsible for using and staff members will receive information about the standards by which they will be evaluated for a given year. The Board will be responsible for the evaluation of the Superintendent.


    Adoption Date(s): July 12, 2023

  • E-145-P Teacher Tenure

    The District will comply with the Teacher Tenure Act in the hiring, renewal, and separation of certified staff members. District administration is responsible for the record-keeping regarding staff members eligible and ineligible for tenure and making recommendations to the Board regarding employment decisions.


    Adoption Date(s): July 12, 2023

  • E-160-P Termination of Employees

    Probationary teachers, tenured teachers, and administrators will be non-renewed and terminated in accordance with the law. 


    The Superintendent has the authority to terminate staff members who are not under contracts of employment.  


    Professional employees with contracts of employment will be terminated in accordance with the terms set forth in the contract of employment and in accordance with procedures set forth in the Administrative Manual and Employee Manual.

     

    The Board has the authority to initiate termination proceedings against the Superintendent in accordance with the contract of employment and applicable law. 


    The District reserves the right to take additional action against staff members who have been terminated, including initiating proceedings for the discipline or revocation of professional licenses or certificates, pursuing criminal charges and/or civil or other administrative remedies available under the law.


    Adoption Date(s): July 12, 2023

  • E-165-P Reductions in Force

    The District may place tenured teachers on an involuntary leave of absence without pay when the Board determines that such action is necessary because of a decrease in pupil enrollment, District reorganization, or the financial condition of the District. The Teacher Tenure Act sets forth the procedure for such reductions in force/involuntary leaves of absence.


    Adoption Date(s): July 12, 2023

  • E-170-P Administrative Leave

    The Superintendent or designee has the authority to place staff members on administrative leave in accordance with the law. 


    When a hearing before the Board regarding administrative leave is required under the law, the Superintendent will comply with procedures developed for such a hearing.


    Adoption Date(s): July 12, 2023

  • E-175-P Employee Conflict of Interest

    The District and its employee will adhere to all state and federal laws and regulations relating to conflicts of interest. The District’s Administrative Manual and Employee Manual will delineate the specific rules regarding conflicts of interest and methods for compliance.


    Adoption Date(s): July 12, 2023

  • E-195-P Employment References

    The Board designates the Superintendent or designee as the individual responsible for responding to requests from potential employers for information regarding a current or former District employee. The following information will be provided about current or former employees to any individual upon request: 


    • Name
    • Position/s
    • Salary
    • Length of service

    Further, the Superintendent or designee may, if applicable and in accordance with the law, respond in writing to a written request concerning a current or former employee from an entity or person which the Superintendent or designee reasonably believes to be a prospective employer of such employee and truly state for what cause, if any, an employee was discharged or voluntarily quit employment with the District. If a written response of this sort is provided by the District, the Superintendent or designee will send a copy of the response to the prospective employer to the current employee or former employee at the employee's last known address.  


    Additional factual information regarding an employee’s duties and work performance may be provided by the Superintendent or designee only if an employee has submitted a written consent. 


    As required by law, the District will disclose, to any public school that contacts the District about a former employee, information regarding any violation of the published regulations of the Board by the former employee if such violation related to sexual misconduct with a student and was determined to be an actual violation by the Board after a contested case due process hearing conducted pursuant to District policy. Sexual misconduct includes sexual misconduct involving a child as defined by § 566.083, RSMo, sexual contact with a student as defined by § 566.086, RSMo, sexual harassment as defined in C-131-P; or child abuse involving sexual acts, as determined by the Department of Social Services. 


    Further, if the District has previously employed any person whose job involved contact with children, and the District received allegations of sexual misconduct, concerning the employee and, as a result of such allegations or as a result of such allegations being substantiated by the child abuse and neglect review board, the employee was dismissed or allowed to resign in lieu of termination, the District shall disclose the allegations of sexual misconduct when furnishing a reference for the former employee or responding to a potential employer’s request. Additionally, if the District has previously employed any person about whom Children’s Division has conducted an investigation involving allegations of sexual misconduct with a student and has reached a finding of substantiated and another public school contacts the District for a reference for the employee, the District shall disclose the results of Children’s Division’s investigation to the school.


    Any school District employee who is permitted to respond to requests for information, acting in good faith, who reports authorized information, as provided in this policy or, who, 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.   


    District employees who are not specifically authorized under this policy to provide employment references are prohibited from providing references except those provided in their personal capacities. Personal references may not give the appearance of the endorsement of the District. District employees, contractors, and agents are prohibited from providing personal references or otherwise providing assistance in obtaining a new job to any other school, any employee, contractor, or agent who has been accused of sexual misconduct regarding a minor or a student. If employees have questions or concerns regarding this prohibition, they should contact the Superintendent for additional guidance. 


    The District will notify all employees of this policy by including a copy of this policy in the Employee Manual. The District will notify all potential employers who contact the District regarding the possible employment of an employee.


    Adoption Date(s): July 12, 2023

  • E-200-P Mandatory Reporting Training

    The Board requires that District administration develop and implement a training program for mandatory reporters of child abuse and neglect whom the District employs. All school employees are required to report possible abuse or neglect of children. As mandated reporters, District staff will immediately report any child abuse or neglect they suspect or observe by calling the Abuse Hotline at 1-800-392-3738 or reporting online (when applicable and available).


    Adoption Date(s): July 12, 2023

  • E-300-P Teacher Union Representation

    The District will use this policy to recognize a union to represent District teachers for collective bargaining purposes, unless the applicable collective bargaining agreement includes a conflicting provision, in which case, the agreement will control. In accordance with law, all employees other than teachers must apply for certification of their employee representative with the Missouri State Board of Mediation. The Superintendent is authorized to develop procedures governing this union representation selection process.


    Request to Change or Decertify Representation

    The Board will only recognize an organization, association, union, or professional group (“a union”) as the representative for District teachers through a secret ballot election. District teachers may request to change or decertify the representative of the bargaining unit through a secret ballot election. To request an election, a District teacher must submit the following to the Superintendent:


    • For a change in the representative of the bargaining unit, a description of the proposed bargaining unit. This will include the general classifications of employees to be included and excluded as well as the approximate number of teachers in the proposed unit. For decertification of representation, a description of the current bargaining unit. 
    • The name of the proposed union as the exclusive representative and the name and contact information for the union’s contact person. For decertification of representation, the name of the current representative and the contact information for the union’s contact person. 
    • A petition requesting an election by secret ballot signed by at least 30% of the District’s teachers in the proposed unit or current unit if decertification is sought. Signatures cannot be older than 90 days from the date the petition was submitted to the Superintendent. The petition must be submitted in sealed envelope separate from the other information submitted and must be labeled “Petition”.

    When the Superintendent receives the request and the information outlined above, as applicable, the Superintendent will post notice of receipt of the request in the same location Board meeting notices are posted. The notice will include a deadline no earlier than 20 business days from the date the notice was posted for District teachers interested in representation by a different union to submit a request. 


    Interest in Representation by Another Union

    District teachers interested in representation by a different union must submit the same information outlined above with the exception that only 10% of the District teachers must sign the sealed petition. The Board will delay setting a date for the election until the information is reviewed by the Superintendent and the person designated to review the petition(s). If the request is submitted before the deadline and includes the information outlined above, the union will be listed on the ballot. 


    Person Designated to Review the Petition(s)

    The Superintendent, the union contact person identified by the requesting District teacher, and the union contact person of the union currently representing District teachers, if applicable, will select a person mutually acceptable to the District and the union(s) to review the petition(s) in accordance with District procedure.


    Ballot Language

    The Superintendent will submit recommended ballot language to the Board and any union(s) that will appear on the ballot may submit recommended ballot language to the Board. All ballots must include an option for a District teacher to vote not to be represented by any union and to be represented by the existing union, if applicable. The Board will review and approve the ballot language, in its sole discretion. 


    Election Results

    The results of the election may result in a conclusive election, an inconclusive election requiring a runoff election, or a null election.  


    Conclusive Elections

    If a union receives the vote of a majority of the teachers in the bargaining unit and the Board votes to certify the election, that union will become the District teacher bargaining representative. If a ballot provides for only two options, and no union receives the vote of a majority of the teachers in the bargaining unit, no union will be certified by the Board as the District teacher bargaining representative. 


    Inconclusive Elections Requiring a Runoff Election

    If a ballot provides for no less than three options, including at least 2 unions and an option for no representation, and none of the options received the vote of a majority of the teachers in the bargaining unit, it is an inconclusive election. The Board will certify the election as such and set a date for a runoff election. There will only be one runoff election, unless the Board directs otherwise. 


    Runoff Elections

    The ballot for a runoff election will be among the two choices that received the largest number of votes in the last election, whose sum of the votes aggregate at least one more than half of the total teachers in the bargaining unit. All District teachers in the bargaining unit may vote in the runoff election. 


    Null Elections

    If all choices on the ballot receive an equal number of votes or if two choices received an equal number of votes and a third choice received a higher, but less than the vote of a majority of the teachers in the bargaining unit, this is a null election, which the Board will declare and set another date for a new election. If the second election results in another null election, the Board will dismiss the petition and no change is made to the District teacher bargaining representative, regardless if there is one already in place. If the second election results in an inconclusive election, a runoff election will be held, as described above.


    Circumstance without a Runoff or Rerun Election

    If two or more choices on the ballot receive an equal number of votes, another receives no votes, and all eligible voters have voted, neither a runoff nor a rerun election will be conducted. Without a union receiving the vote of a majority of the teachers in the bargaining unit, no change is made to the District teacher bargaining representative, regardless if there is one already in place.


    Final Election Results

    The final election results will be presented to the Board after the deadline for filing objections has expired or the Board issued a decision on all objections and challenged ballots, if necessary. 


    Once a union is made to be the District teacher bargaining representative through an election and Board certification, a petition requesting another election to change or decertify the representative of the bargaining unit will not be accepted for a minimum of one year after the Board voted to certify the results of the previous election.


    Adoption Date(s): July 12, 2023

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