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G – PERSONNEL

GA

General Section (Cf. CG) – All Employees

GAAA

Equal Opportunity Employment

GAAC

Hiring – Background Checks – Fingerprinting

GAC

Staff Involvement in Decision Making

GACA

Orientation, Knowledge of Procedures, Responsibility for Policy

GACN

Enforcement Harassment

GAD

Staff Development – Inservice Programs – Continuing Education

GAE

Staff Complaints and Grievances – Due Process

GAEA

Staff Protection/Harassment/Abuse/Assault of School Employees

GAEAA

Sexual Harassment

GAEAB

Complaints – Procedures – Title VII, Title IX

GAEB

Grievances-Employees and Visitors-Section 504/Americans Disabilities Act

GAG

Staff Conflict of Interest/Nepotism

GAH

Community/Parent Relations

GAHB

Political Activities of Staff Members

GAHD

Employee Arrest

GAK

Personnel Records

GAN

Retirement

GARI

Personnel Leave – Sick Leave – Personal Leave – Leave of Absence

GARIA

Family and Medical Leave

GARID

Military Leave

GARIH

Professional Leave

GARIJ

Donating Leave to Another Employee

GARIN

Jury Duty

GAX

Controlled Substances – Drugs and Alcohol in the Workplace – Drug Free

GAXA

Workplace Smoking and Other Use of Tobacco

GBA

Compensation Guides and Contracts

GBAAA

Staff Appreciation Awards

GBBA

Professional Personnel Qualifications and Duties – Certification/License

GBBAA

Technology Competencies for Instruction Personnel

GBBAAD

Responsibility for Discipline

GBBAAE

Leaving Grounds or Duty Posts

GBC

Recruitment and Selection

GBD

Hiring/Reemployment (Also see GBN)

GBE

Assignment

GBF

Professional Personnel Orientation

GBG

Employee Dress Code

GBI

Appraisal

GBK

Suspension/Dismissal

GBKA

Reduction in Force

GBN

Suspension, Removal, and Nonrenewal of Employment, Certified Personnel

GBP

Reemployment

GBQ

Retirement

GBRB

Time Schedules

GBRD

Staff Meetings

GBRE

Extra Duty

GBRF

Expenses (Cf. DJD)

GBRIC

Certified Staff – Sabbatical Leave

GBRJ

Substitute Teachers (Cf. IKI)

GC

Classified/Nonlicensed Staff Section

GCD

Hiring (See GAAC)

GCDA

Employment Prior to Board Approval

GCF

Orientation

GCM

Transfer

GCO

Resignation

GCP

Reemployment

GCR

Working Conditions – Health Examination

GCRA

Fair Labor Standards Policy

GCRF

Nonschool Employment

GDB

Assistant Teacher Program

Date Approved: July 8, 2004

POLICIES FOR ALL EMPLOYEES – JOB DESCRIPTIONS

GA

Written personnel policies for all professional/licensed and classified/non-licensed personnel are intended to be a guide for present and future employees of the Columbia School District. These policies will establish the rules which govern the employee and the employer and are designed for the most efficient operation of the school system, covering conditions of employment, promotions, work schedules, office hours, leave, benefits, and retirement.

Employees of the Columbia School District are expected to be thoroughly familiar with and actively support the enforcement of all Board of Trustees' policies and procedures, rules and regulations of the Superintendent and rules as set forth by principals and/or immediate supervisors.

Each employee of the school district shall have a position description that specifies job responsibilities. All administrative, teaching and support positions in the district are established by the School Board. Some positions are mandated by state law or by regulations of the State Board of Education or by a combination thereof. The Board will approve the purpose and function of each position in harmony with state laws and regulations, approve a statement of job requirements as recommended by the Superintendent and delegate to the Superintendent the task of writing, or causing to be written, a job description for the position. Job descriptions should be written in a manner that is suitable for use in the evaluation of on-the-job performance.

The Board directs the Superintendent to maintain continuously a comprehensive coordinated set of job descriptions and appraisal instruments for all such positions so as to promote efficiency and economy in the staff's operations.

Although positions may remain temporarily unfilled, only the Board may abolish a position.

LEGAL REF.:

MS CODE §37-7-301 (p) (1993)

Date Approved: July 8, 2004

EQUAL OPPORTUNITY EMPLOYMENT

GAAA

The Columbia School District shall provide equal opportunity without regard to race, gender, national origin, religion, sex, age, qualified person with disabilities or Veteran, in the educational program and activities. This includes, but is not limited to, admissions, educational services, financial aid and employment. Inquiries concerning application of this policy may be referred to the office of the Superintendent.

LEGAL REF.: Title VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitations Act of 1973; Title II Americans with Disabilities Act.

As provided under Title IX of the Education Amendments of 1972, no person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.

HARASSMENT PROHIBITED

The school district affirms the employee rights under Title VII and therefore "shall not tolerate verbal or physical conduct by any employee, male or female, which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment.”

LEGAL REF.: 1964 Civil Rights Act, Title VI; 1964 Civil Rights Act, Title VII; Executive Order 11246, as amended; 1972 Education Amendments, Title IX; 45 CFR, Part 86; 1973 Rehabilitation Act, Section 503; 1973 Rehabilitation Act, Section 504; 45 CFR, Part 84; 29 U.S.C.A. 621, et seq. Mississippi Public School Accountability Standards

CROSS REF.: Policies GACN – Sexual Harassment GBD – Professional Personnel Hiring GCRAA – Fair Labor Standards Policy

Date Approved: July 8, 2004

HIRING PROCEDURES – ALL EMPLOYEES - BACKGROUND CHECKS

GAAC

The School Board has the power and authority to select all district personnel in the manner provided by law and to provide for such employee fringe benefit programs including accident reimbursement plans as may be deemed necessary and appropriate by the Board. (MS CODE Section 37-7-301(p) (1993)

The Superintendent shall have the power, authority and duty to enter into contracts in the manner provided by law for each assistant Superintendent, principal and teacher of the public schools under his/her supervision, after such assistant Superintendent, principal and teachers have been selected and approved in the manner provided by law. (MS CODE Section 37-9-14 (2) (a) (1999)

LICENSED AND NON-INSTRUCTIONAL EMPLOYEES

On or before April 1 of each year, the principal of each school shall recommend to the Superintendent the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the Superintendent, the Superintendent shall recommend the employment of such licensed employees or noninstructional employees to the School Board, and, unless good reason to the contrary exists, the Board shall elect the employees so recommended. If, for any reason, the School Board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the Superintendent and then by the Superintendent to the School Board as provided above.

CRIMINAL RECORDS BACKGROUND CHECK /CHILD ABUSE REGISTRY CHECK

1. All newly hired employees must have a state child abuse registry check and criminal records background check via fingerprint card.

2. Fingerprint cards will be forwarded by the school district to the Department of Public Safety.

3. The district may charge the applicant up to $50.00 or may pay the fee at its discretion.

4. Information obtained via these checks is for employment use only and cannot be disseminated.

5. Applicants are ineligible for employment if checks disclose a guilty plea, conviction, or nolo contendere plea to a felony conviction for:

A. Possession or sale of drugs.

B. Murder, manslaughter, or armed robbery.

C. Rape, sexual battery, or sex offense as listed in Section 45-31-3 (1).

D. Child abuse, arson, grand larceny, or burglary.

E. Gratification of lust or aggravated assault.

6. If the school district has hired an applicant contingent upon a background check and derogatory information is obtained, the applicant’s contract is voidable at the time of the report.

A. Age at commission of the crime.

B. Circumstances surrounding the crime.

C. Length of time and criminal history since the crime.

D. Work history and current employment and character.

E. Other evidence demonstrating the ability of the person to perform the job and such person does not pose a threat to the health or safety of the school children.

CONVICTION BASED ON ERRONEOUS INFORMATION

In the event an applicant wishes to contest a conviction based on erroneous information, the applicant shall appeal the information to the Department of Public Safety. The applicant will show the School Board or its designee proof of the corrected record.

Date Approved: July 8, 2004

STAFF DECISION MAKING/STAFF-COMMUNITY RELATIONS - DISCIPLINE

GAC

The Board directs the Superintendent to establish mechanisms which solicit regular input of community and staff regarding policies, procedures, programs and operations of the district.

Date Approved: July 8, 2004

ORIENTATION, KNOWLEDGE OF POLICIES AND PROCEDURES – RESPONSIBILITY FOR POLICY ENFORCEMENT – ALL EMPLOYEES

GACA

All personnel of the school district are expected to be thoroughly familiar with and actively support the enforcement of all district policies and procedures adopted by the Board of Trustees and/or established by the administration.

Date Approved: July 8, 2004

HARASSMENT

GACN

The school district affirms employee protection provided under Title VII, and therefore “shall not tolerate verbal or physical conduct by an employee, male or female, which harasses, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment.”

In accordance with Title VII of the 1964 Civil Rights Act, as amended in 1972, Section 703, no employee in the Columbia School District shall be subject to sexual harassment.

The School Board shall maintain an environment free from sexual harassment of any kind. Therefore, unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are prohibited.

Complaints of violation of this policy may be made to the appropriate administrative officer or the Title IX coordinator without fear of reprisal. Should violations prove to be legitimate, the offending employee shall be subject to disciplinary action, including involuntary termination of employment.

LEGAL REF.:

MS CODE as cited

Title VII Civil Rights Act 1964, as amended in 1972, Section 703. 2000 et seq.

CROSS REF.:

See GAEA

— Staff Protection

GAEAA — Sexual Harassment

Date Approved: July 8, 2004

PROFESSIONAL STAFF DEVELOPMENT

GAD

The Columbia School District strives to develop, fund, and implement a program of staff development which complements and meets the needs of the district’s educational program and meets State Department of Education and accreditation requirements.

CROSS REF.:

Policies CK

— Administrative Personnel Professional Development

Date Approved: July 8, 2004

STAFF COMPLAINTS AND GRIEVANCES – DUE PROCESS

GAE

DEFINITIONS

LICENSED STAFF

The following definitions shall apply in this grievance procedure:

1. A "grievance" is a complaint by an individual based upon an alleged violation of his or her rights under state or federal law or Board policy.

2. A "grievant" is a person or persons making the complaint.

3. The term "days" shall mean working school days and shall exclude weekends and holidays.

PROCEDURE FOR PROCESSING GRIEVANCES

Grievances shall be processed in accordance with the following procedure:

Level One

1. Grievances, as defined above, must be presented orally to the principal or immediate supervisor of the grievant within five (5) days of the act or omission and the principal or immediate supervisor and grievant will attempt to resolve the matter informally.

2. In the event the grievant does not submit a written statement to his/her principal or immediate supervisor as required, his/her failure to do so shall be deemed as an acceptance of the informal decision rendered by his/her principal or immediate supervisor.

3. If the grievant is not satisfied with the action taken or the explanation given by his/her principal or immediate supervisor, the grievant shall, within five (5) days after meeting with his/her principal or immediate supervisor, file a written statement with his/her principal or immediate supervisor setting forth in detail how the grievant claims to have been discriminated against. This written statement shall contain, in addition to the above, the time, place, and nature of the alleged act or omission and the state or federal law or Board policy violated. The statement must be signed by the grievant.

4. Within five (5) days after receiving the grievant’s signed statement, the principal or immediate supervisor shall send to the Superintendent a copy of the grievant’s statement, along with a statement from the principal or immediate supervisor setting forth his/her response to the grievant and/or his/her decision, as is applicable. At the same time, the principal or immediate supervisor shall also provide a copy of his/her written statement to the grievant.

Level Two

1. Upon receipt by the Superintendent of the written notice that the grievant intends to appeal the decision of his/her principal or immediate supervisor, the Superintendent shall notify the grievant in writing within five (5) days and shall advise the grievant of the date, time, and place the matter will be considered by the Superintendent. The Superintendent shall schedule a hearing no later

than ten (10) days from the date of receipt of the grievant’s written notice of intention to appeal the written decision of his/her principal or immediate supervisor.

2. The written statement submitted by the grievant to his/her principal or immediate supervisor in Level One shall form the basis of the grievance before the Superintendent. The grievant shall submit to the Superintendent in writing any and all additional information on his/her behalf which he/she desires not later than five (5) days prior to the date upon which the matter is scheduled for hearing by the Superintendent.

3. In the event the grievant does not personally attend the hearing scheduled by the Superintendent, his/her failure to attend shall be deemed as an acceptance of the written decision rendered by his/her principal or immediate supervisor at LEVEL ONE.

4. The Superintendent shall render a written decision to the grievant within five (5) days of the date upon which the matter was heard.

Level Three

1. If the grievance is not resolved to the satisfaction of the grievant at LEVEL TWO, or if the Superintendent does not render a decision within five (5) days, the grievant may file the grievance with the secretary of the School Board.

2. If the grievance is not filed with the secretary of the School Board within five (5) days of the hearing at LEVEL TWO, the grievance shall be considered resolved.

3. Within five (5) days after receipt of the grievance, the Board secretary, in concert with the Board chairman and Superintendent, shall schedule a hearing before the School Board on the grievance.

4. The Board shall render its decision within seven (7) days of the hearing.

NON-LICENSED STAFF

Employment decisions that adversely affect non-certified personnel may follow the grievance procedure as stated below.

1. An appeal to the grievant's immediate administrative supervisor must be submitted in writing stating the nature of the grievance. The appeal is to be received by the immediate administrative supervisor within five (5) school or workdays after the act or omission occurred.

2. Upon receiving the written appeal the immediate administrative supervisor will schedule a conference with the grievant within five (5) school or work days. After receipt of a written grievance a copy of the grievance is to be forwarded to the Superintendent.

3. Within five (5) school or work days after the conference with the immediate supervisor, a written decision will be provided to the grievant, with copy forwarded to the Superintendent.

4. If the grievance is not resolved to the satisfaction of the grievant, an appeal may be made to the Superintendent by a request in writing within five (5) school or work days after receipt of the decision by the immediate administrative supervisor.

6.

After a proper investigation, if necessary, and within five (5) school or workdays after the conference, the Superintendent will issue his/her decision in writing to the grievant.

7. The decision of the Superintendent shall be final.

Also see GAEB

Date Approved: July 8, 2004

STAFF PROTECTION – HARASSMENT/ABUSE

GAEA

It shall be unlawful for any person to intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce, whether by illegal force, threats of force or by the distribution of intimidating, threatening or coercive material, any person enrolled in any school for the purpose of interfering with the right of that person to attend school classes or of causing him not to attend such classes. §37-11-20 (1972)

HARASSMENT PROHIBITED

The school district affirms employee protection provided under Title VII, and therefore “shall not tolerate verbal or physical conduct by any employee, male or female, which harasses, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment.”

Further, the school district prohibits sexual harassment of or by any student. This policy applies to conduct during and relating to school and school-sponsored activities. Sexual harassment is inappropriate behavior and offensive. Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.

LEGAL REF.:

MS CODE as cited.

CROSS REF.:

Mississippi Public School Accountability Standards Policies EBBA— School Safety Plan GAAA — Equal Opportunity Employment GACN— Harassment GAE — Staff Complaints and Grievances GAEAA — Sexual Harassment JC — Student Conduct JD — Student Discipline

Date Approved: July 8, 2004

SEXUAL HARASSMENT – ALL EMPLOYEES

GAEAA

Discrimination against any employee or applicant for employment on the basis of sex is forbidden. The School Board will not tolerate sexual harassment activity by any of its employees

A. GENERAL PROHIBITIONS

1. Unwelcome Conduct of a Sexual Nature

a. Conduct of a sexual nature may include verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, or patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; and sexually-oriented “kidding,” “teasing,” double-entendres, and jokes.

b. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee has indicated, by his or her conduct, that it is unwelcome.

c. Any employee who has initially welcomed such by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome.

2. Sexual Harassment

For the purposes of this policy, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment if:

a. Submission to the conduct is made either an explicit or implicit condition of employment;

b. Submission to or rejection of the conduct is used as a basis for an employment decision affecting the harassed employee; or

c. The conduct substantially interferes with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment.

B. REPORTING, INVESTIGATION, AND SANCTIONS

Employees who feel that administrators or supervisors are conditioning promotions, increases in wages, continuation of employment, or other terms or conditions of employment upon sexual favors, are encouraged to report these conditions to the appropriate administrator. If the employee’s direct administrator or supervisor is the offending person, the report shall be made to the Title IX Coordinator.

Employees are also urged to report any unwelcome conduct of a sexual nature by supervisors or fellow employees if such conduct interferes with the individual’s work performance or creates a hostile or offensive working environment.

Confidentiality will be maintained and no reprisals or retaliation will be allowed to occur as a result of the good faith reporting of charges of sexual harassment.

In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred will be investigated. The Superintendent has the responsibility of investigating and resolving complaints of sexual harassment.

Any employee found to have engaged in sexual harassment shall be subject to sanctions, including, but not limited to, warning, suspension, or termination subject to applicable procedural requirements.

SEXUAL MISCONDUCT PROHIBITED

If any person eighteen (18) years or older who is employed by the district is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in the district, the principal of the school and the Superintendent shall notify the district attorney with jurisdiction where the school is located of such accusation, provided that such accusation is reported to the principal and to the Superintendent and that there is reasonable basis to believe that such accusation is true. §97-5-24 (1994)

HARASSMENT PROHIBITED

The school district affirms employee protection provided under Title VII, and therefore “shall not tolerate verbal physical conduct by any employee, male or female, which harasses, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment.”

Further, the school district prohibits sexual harassment of or by any student. This policy applies to conduct during and relating to school and school-sponsored activities. Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.

LEGAL REF.:

MS CODE as cited 1972 Education Amendments, Title VII and Title IX

CROSS REF.:

Policies GAAA — Equal Opportunity Employment GACN — Harassment

GAE

GAEA — Staff Protection

— Staff Complaints and Grievances

Date Approved: July 8, 2004

EMPLOYEES’ COMPLAINTS OF SEXUAL DISCRIMINATION/HARASSMENT PROCEDURES

GAEAB

Employees in the Columbia School District are protected from sexual discrimination, including sexual harassment, by Title VII of the Civil Rights Act. Unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature amounting to or constituting harassment are

prohibited.

This complaint procedure shall provide a process for filing, processing and resolving complaints on such

matters. Adherence to these procedures is mandatory. The failure of any person to follow these procedures

will constitute a waiver of the right to pursue a complaint at any level, including review by the Board.

I. DEFINITIONS

A. A “complaint” is a report by an employee which alleges that a policy or practice of the district or a practice or act of any of its employees has discriminated against the complainant on the basis of sex, including sexual harassment.

B. The “complainant” is the employee who submits a complaint.

C. The “respondent” is the person alleged to be responsible for the violation alleged in a complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.

D. The “Title IX Coordinator” is the person(s) designated to coordinate the district’s efforts to comply with and carry out responsibilities under state and federal laws addressing equal opportunity. The “Title IX Coordinator” will manage the complaint process for both employee complaints under this policy and student complaints under the Title IX complaint procedure.

E. A “day” means a working day and does not include holidays and/or weekends.

II. GENERAL RULES

A. The number of days indicated at each step of the process is considered to be maximum and every effort will be made to expedite the process. At any step in the complaint procedure, the time limits may be extended only when necessary under the circumstances. In no event shall these procedures be extended for more than a 90-day period.

B. If a review is not requested at any step within the time allotted, and, if the decision at the prior step found a reasonable basis to believe that an employee has engaged in sexual misconduct or involvement with a student under the age of 18, the Title IX Coordinator shall, immediately upon the expiration of the allotted time, submit such information to the Superintendent. The Superintendent shall make such information available to the appropriate District Attorney as required by district policy and Mississippi law.

C. Facts elicited during the complaint procedure are confidential and do not become part of a student’s permanent record. A copy of documents, communications and records dealing with the processing of a complaint will be filed in a separate file as designated by the Superintendent.

E. The failure of a complainant to proceed from one step to the next within the set time limits, without being granted an extension by the Title IX Coordinator, shall be deemed to be an acceptance of the decision previously rendered and shall eliminate any future review concerning that particular complaint.

F. Failure of the reviewing officer(s) to communicate his/her decision to the complainant or respondent within the time limits shall permit the complainant or respondent to proceed to the next step.

G. The complainant may withdraw his/her complaint at any step without reprisal. However, a complainant shall not be permitted to refile the same complaint once withdrawn unless it is within the initial time period.

H. No reprisal shall be invoked against complainant for filing a complaint or against any person for participation in this procedure.

I. If the complaint is against the employee’s supervisor, the complainant may go directly to the Title IX Coordinator.

III. PROCEDURES FOR PROCESSING A COMPLAINT

Party/Parties Involved-Action Required

A. Complaint Within 5 days from the time a complaint becomes known, the complainant must complete and submit to the Title IX Coordinator a written “Title IX Report” form. The report must state the respondent’s name, the nature and date of the alleged violation, and the names of any witnesses to such alleged violation and requested action. Forms shall be available from

all principals’ offices and from the Title IX Coordinator.

B. Title IX Coordinator

C. Respondent

Within 5 days from receipt of the written complaint, the Title

IX Coordinator shall notify the respondent.

Within 5 days, the respondent shall be required to respond in writing to the Title IX Coordinator, as follows;

1. Confirm or deny the facts as alleged;

2. Indicate acceptance or rejection of the complainant’s requested action; or

3. Outline alternative actions.

D. Title IX Coordinator

E. Complainant or

Respondent

Within 5 days from receipt of the respondent’s response, the Title IX Coordinator shall provide an initial response to the complainant and respondent, stating initial conclusions of fact and proposed action, if any.

Within five (5) days of receiving the initial response, the complainant or respondent may request, in writing, a hearing

on the matter.

F. Title IX Coordinator Upon receipt of a written request for hearing, the Title IX Coordinator shall schedule a hearing to be held within 5-10 days before an unbiased panel of 3-5 district employees. The Title IX Coordinator shall give written notice of such hearing to the complainant, respondent, student’s principal or employee’s supervisor, Superintendent and other appropriate witnesses if applicable

Within 5-10 days of the receipt of the written request for a

G. Title IX Coordinator, Grievant, Title IX Hearing Panel

hearing by the Title IX Coordinator, a hearing shall be conducted before an unbiased panel of 3-5 district employees. The Title IX Coordinator shall facilitate the hearing, at which the following rules shall apply:

1. The hearing shall be informal and the legal rules of evidence and procedure shall not apply.

2. The complainant and respondent shall be permitted to submit written evidence and bring witnesses before the panel.

3. The Title IX Hearing Panel members may question any witnesses brought before them.

4. The complainant and respondent shall be permitted to make a statement before the panel and may be permitted to examine their witnesses and to cross-examine witnesses actually presented by the other parties.

5. Representation of the complainant or respondent by other individuals shall not be permitted.

6. The Title IX Coordinator shall create and maintain a record of the hearing which shall include the names of all witnesses, all investigation reports, a summary of all witness testimony and all documentary evidence.

H. Title IX Hearing Panel Within five (5) days after the hearing, the Title IX Hearing Panel shall issue a written decision which shall include findings of fact and recommended action.

I. Title IX Coordinator

J. Complainant or

Respondent

K. Title IX Coordinator

Upon receipt of the decision of the Title IX Hearing Panel, the Title IX Coordinator shall provide a copy of such decision to the complainant, respondent, the employees’ supervisors and Superintendent.

If the complainant or respondent is not satisfied with the decision, he/she may request a review by the Superintendent. The request for such review must be made in writing to the Title IX Coordinator within five (5) days of receipt of the panel’s decision.

Upon receipt of a request for review by the Superintendent, the Title IX Coordinator shall notify the Superintendent of such request and submit to the Superintendent the record of the hearing, the panel decision and all related documents.

L. Superintendent Within ten (10) days of notice of request for review, the Superintendent shall review the record and panel decision and shall issue a decision. The Superintendent shall have his/her decision provided to the Title IX Coordinator, complainant, respondent and the employee’s supervisors within the ten (10) day period.

M. Complainant or

Respondent

Within five (5) days of the receipt of the Superintendent’s decision, if dissatisfied with the decision, the complainant or respondent must submit a written request for review by the School Board to the Title IX Coordinator.

N. Title IX Coordinator Upon receipt of the request for review, the Title IX Coordinator must schedule a review before the governing School Board to be held at the Board's next regular or special meeting, but in no event, more than thirty (30) days from such request. The Title IX Coordinator shall provide the Board members with copies of the hearing record, all investigation reports, the panel decision, the Superintendent’s decision and all related documents.

O. School Board, Title IX Coordinator, Complainant, and Respondent

P. School Board

Within thirty (30) days of the request for review, the Board shall review the hearing record, investigation, reports, panel decision, Superintendent’s decision and related records. The review is not a hearing and no party has the right to present further witnesses or other evidence or to examine any witness or party. However, the Board may, in its discretion, permit statements of limited duration from the respondent or his/her representative. All usual rules of Board procedure shall apply. Furthermore, the Board may, in its discretion, require that the review be conducted in closed or executive session.

Within ten (10) days of the review, the Board shall issue a final written decision. The Board may concur in the findings of the Superintendent and direct that the recommended actions be taken or may make alternative findings and direct appropriate actions be taken by the Superintendent or other appropriate administrator. The decision of the Board is final.

Date Approved: July 8, 2004

GRIEVANCES-EMPLOYEES AND VISITORS- SECTION 504/AMERICANS WITH DISABILITIES ACT

GAEB/JCAA/LDDC

Any person who believes that he/she has been subjected to discrimination as prohibited by Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act may file a complaint pursuant to the procedures set forth below. A grievance may be filed to resolve any disputes arising under these laws. Filing a complaint will not subject the complainant to adverse action, reprimand, retaliation or otherwise negative treatment by school district personnel.

1. Within ten (10) days of when a complainant knew or should have known of discriminatory conduct, a complaint shall be given in writing to the school principal or Section 504/ADA Coordinator. The complaint shall describe specifically the time, place, nature of, and the participants in the alleged discriminatory acts. The Section 504/ADA Coordinator shall, within ten (10) days of receipt of the complaint, conduct or cause to be conducted a thorough investigation including questioning of all parties involved. After the investigation is complete, the Section 504/ADA Coordinator shall meet with the complaining party and give a full report of the findings.

2. If the grievance or complaint is not satisfactorily resolved at Step 1, the complainant shall have ten (10) days to appeal the Step 1 findings to the Superintendent. The complainant shall present his/her complaint in writing, describing specifically the reasons for his/her dissatisfaction with the results of Step 1. The Superintendent or his/her designee shall review all aspects of the complaint and complete an additional investigation if necessary. The Superintendent and/or his/her designee shall respond to the complainant in writing within ten (10) days of receipt of the written appeal or when the investigation has been completed in its entirety.

3. If the complainant is not satisfied with the results of Step 2, the complaining party shall have fifteen (15) days from receipt of the Superintendent’s decision to appeal the complaint to the Board of Trustees. The appeal shall be in writing, describing specifically the reasons for requesting an opportunity to present an oral statement to the Board before it makes a decision. The Board's decision shall be rendered within thirty (30) days after receipt of the appeal or when the investigation has been completed in its entirety.

Date Approved: July 8, 2004

STAFF CONFLICT OF INTEREST/ NEPOTISM

GAG

It shall be illegal for any Superintendent, principal or other licensed employee to be elected by the School Board if such Superintendent, principal or licensed employee is related within the third degree by blood or marriage according to the common law to a majority of the members of the School Board. No member of the School Board shall vote for any person as a Superintendent, principal or licensed employee who is related to him/her within the third degree by blood or marriage or who is dependent upon him/her in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void. §37-9-21 (1987)

It shall be unlawful for any member of the Board of Trustees to have or own any direct or indirect interest individually or as agent or employee of any person, partnership, firm or corporation in any contract made or let by the Board of Trustees for the construction, repair, or improvement of any school facility, the furnishing of any supplies, materials, or other articles, the doing of any public work or the transportation of children or upon any subcontract arising therefrom or connected therewith in any manner. The Board of Trustees shall be authorized to contract with a teacher or school district employee to perform extra work without being in violation of the provisions of this section. The Board of Trustees shall make a case-by-case determination of the possible conflicts of interest arising from any extra work contracts and such decision by the Board shall be final. Any contract entered into in violation of the provisions of this section shall be void and of no effect. §37-11-27 (1989)

Also see CGD, CEC

Date Approved: July 8, 2004

COMMUNITY/PARENT RELATIONS

GAH

The School Board directs the Superintendent to implement a program of effective community involvement for staff that includes parents, businesses, and community groups.

CROSS REF.:

Policy KCB — Community Involvement in Decision making

Date Approved: July 8, 2004

POLITICAL ACTIVITIES OF STAFF MEMBERS

GAHB

Public funds cannot be used for political activity of any kind by any person or organization involved in the administration of public school assisted programs.

The Board of Trustees recognizes the right of every employee to vote as he/she chooses and to express his/her opinions on political subjects and candidates.

SPECIFIC PROHIBITIONS

1. The circulation of political posters, petitions or other campaign material;

2. The collection or solicitation of funds in support of a candidate's campaign;

3. The solicitation for campaign workers;

4. The writing or addressing of campaign material and distribution of campaign materials on school property;

5. Any activity that indicates that an employee is using his or her position to further personal views on candidates for office;

6. The intimidating, harassing or coercing an employee relative to a political ace or issue;

7. The use of school system facilities, equipment or supplies;

8. A candidate talking to school personnel during school time regarding the candidate's campaign.

Date Approved: July 8, 2004

EMPLOYEE ARREST

GAHD

An employee who is arrested or charged with a felony or misdemeanor is required to notify his or her immediate supervisor and the Superintendent as soon as possible but not later than twenty-four (24) hours. Failure to report such incidents may result in disciplinary action up to and including termination.

Date Approved: July 8, 2004

PERSONNEL RECORDS

GAK

A file of personnel records shall be maintained in the Superintendent's office for each employee of the

school district. A file shall be kept for all resigned or retired employees, including such essential information as deemed appropriate by the Superintendent's office as specified by state and federal laws.

CONFIDENTIALITY

Personnel information concerning district employees is generally confidential and may be reviewed only on a "need to know" basis under conditions which guarantee the administration's right of access to information necessary to make judgments and the protection of employees against unnecessary invasion

of privacy. Personnel information that is "public record" may be released to any person upon request.

Records of an employee's performance and evaluation shall not be released without the written consent of the employee. Files containing medical information regarding an employee will be kept separate from other personnel files.

The Superintendent shall notify an employee in writing when a request is made for disclosure of the employee's personnel, medical, or similar files, if the Superintendent reasonably believes disclosure would invade the employee's privacy. The records will be disclosed unless written objection is received from the employee within seven (7) business days from receipt by the employee.

TYPES OF INFORMATION

It shall be the responsibility of each licensed employee to ensure that the school district receives record of any prior teaching experience. In addition, if the teacher has rendered military service, proof of discharge from service must be furnished to the school district. The licensed employee is responsible for ensuring that the information maintained in the employee's personnel file is complete and up-to-date. The records shall contain the following:

The correct name, current address, and home telephone number of the employee;

An accurate record of the employee's work experience;

Current data of education completed, including transcripts of academic work;

Proof of requirements fulfilled in order to be eligible for salary;

Current data of credentials;

Current data requested by the Superintendent concerning the employee's health and/or medical examinations;

Records of assignment;

Evaluations of performance;

Letters of commendation, reprimand, or omission of duty;

Other materials mutually agreed upon between the principal and the teacher.

USE OF PERSONNEL RECORDS

All contents of personnel files, with the exception of evaluations, comments, or recommendations provided to the district on a confidential basis by universities, colleges, or persons not connected to the school district, shall be available for inspection by the employee concerned. The district reserves the right to have a member of the Superintendent's office staff present at the time the employee inspects his/her personnel file for the purpose of explaining and interpreting information therein. Similarly, at the time the record is reviewed, the employee shall have the right to have present a representative of his/her own choosing.

The Superintendent shall promptly notify in writing a teacher against whom a complaint has been placed in that teacher's personnel file. The teacher shall have the right to respond to all materials contained in the personnel file and to any materials to be placed in the file in the future. Responses shall become part of the file.

PARENTAL NOTICE

If the school district receives Title I funds, the district shall provide parents with notice that they may request information about the professional qualifications of classroom teachers, as required by the No Child Left Behind Act. The notice to parents must include the following:

1. Whether the teacher has met state qualifications for the grade level and subject areas taught;

2. Whether the teacher is teaching under emergency or other provisional status;

3. The baccalaureate degree of the teacher and any other graduate certification or degree held by the teacher, and the subject area/s of the certification degree; and

4. Whether the child is provided services by para-professionals, and, if so, their qualifications.

If a parent requests the above-listed information, the school district is required to provide the information in a timely manner. If the district has hired a teacher who is not highly qualified and the teacher has taught for four or more weeks, the school district is required to provide the parents notice that their child has been taught by a teacher who is not highly qualified.

LEGAL REF.: Public Law 107-110 (No Child Left Behind Act of 2001) The Americans With Disabilities Act

CROSS REF.: Policies CN - Administrative Records GBD - Professional Personnel Hiring GDB -Assistant Teachers

Date Approved: July 8, 2004

RETIREMENT

GAN

As a condition of employment, all employees shall become members of the Retirement System (PERS), and are subject to conditions and provisions established by the Public Employees Retirement System (PERS) Section 25-11-101 et seq. provided such persons are under the age of sixty (60) years at the time of their employment §25-11-105 (a).

Legal Ref.: Mississippi Code, as cited above

Date Revised: July 19, 2005 Date Revised: June 26, 2008

PERSONNEL LEAVE - SICK AND PERSONAL (VACATION) LEAVE – LEAVE OF ABSENCE

GARI

SICK LEAVE

Columbia School District full-time personnel are eligible for sick leave as listed below. Leave for part-time employees will be determined on a prorated basis.

Completed Years of Service in the Columbia School District

Number

of Days

0-2

7

3-5

8

6-Retirement

9

*A completed year is equivalent to a year's experience as identified in policy GBA for district personnel.

Unused sick leave may accumulate and be used for retirement credit as authorized by state law. Documentation may be required for leave in excess of the annual allocation. Leave is granted in the following situations:

1. Personal illness.

2. Illness in the immediate family when the employee's presence is needed for the health and well- being of that family member.

3. Bereavement as a result of death in the immediate family.

The immediate family is defined as the employee's spouse, parent, stepparent, sibling, child, or stepchild.

A certified/licensed employee who has utilized all allotted sick leave may request an additional ten (10) consecutive days for personal illness or physical disability. These days may be granted with the established maximum substitute amount deducted from the employee’s salary. The request for such additional leave must be verified in writing by a doctor’s excuse and a letter of intent to return to work provided by the employee. Thereafter, the regular pay of such absent certified/licensed employee will be suspended and withheld in its entirety for any period of absence due to personal illness or physical disability during that school year. All cases will be reviewed on a case by case basis by the Superintendent.

All employees shall furnish the certificate of a physician or dentist or other medical practitioner as to his/her illness when the absence is for four (4) or more consecutive school days, or for two (2) consecutive school days immediately preceding or following a nonschool day. Penalties, by way of full deduction from salary, or entry on the work record of the employee, or other appropriate penalties, for any materially false statement by the employee as to the cause of absence may be imposed.

Employees will forfeit accumulated or future sick leave, if the absence of the employee is caused by optional dental or medical treatment or surgery which could, without medical risk, have been provided, furnished or performed at a time when school is not in session.

Any unused portion of the total sick leave allowance shall be carried over to the next school year and

In the event any employee

credited to such employee if the employee remains employed in the district.

transfers from one public school district in Mississippi to another, any unused portion of the total sick leave allowance credited to such employee shall be credited to such employee in the computation of unused leave for retirement purposes under § 25-11-209. Accumulation of sick leave allowed under this section shall be unlimited.

No deduction from the pay of such employee may be made because of absence of such employee caused by illness or physical disability of the employee until after all sick leave allowance credited to employee has been used.

Persons employed for a period in excess of the regular school year, (10, 11, and 12 month employees) shall receive additional sick leave as follows:

Completed

Years

of

10 Month

11 Month

12 Month

Service

in

the

Columbia

Employee

Employee

Employee

School District

 
 

0-5

1 day

1 day

2 days

6 - Retirement

 

1 day

2 days

3 days

SICK LEAVE PROCEDURE

Sick leave is not earned time-off or vacation. It may not be legitimately or ethically used for any purpose other than that intended.

The procedure for implementing the Sick Leave Policy is as follows:

1. An employee who has used leave days must, upon returning to school, file a leave form with his/her principal or immediate supervisor. This leave form shall state:

a. Date(s) of leave.

b. Number of working days leave included.

c. Reason the leave was requested.

d. Date when leave was requested.

2. The principal or immediate supervisor will approve or disapprove the leave and send a copy of the form to the Superintendent.

3. The leave will then be approved or disapproved by the Superintendent.

4. The employee will receive a copy of the completed leave form notifying him/her of approval or disapproval of the leave.

5. The loss of a day's pay may result from false statements given by the employee as to the cause of absence.

6. After the certified/licensed employee has utilized all of his/her accumulated sick leave and desires additional days of leave for personal illness, he/she must provide at the start of the leave period:

a. Documentation of the need for extended days.

b. A letter of intent to return to work at the end of the leave period.

Upon returning to work, the employee must provide verification for the number of extended leave days taken. Failure to provide documentation will result in the loss of any pay equivalent to one day's contracted salary for each day absent without documentation.

7. After the certified/licensed employee who is absent due to personal illness has used the ten teaching days leave with only substitute pay deducted and desires additional leave, he/she must select one of the following options.

a. He/she may request in writing to the Superintendent that he/she be granted extended leave of absence status.

b. He/she may request in writing to the Superintendent that he/she be granted a maximum of thirty days of leave when no salary will be received by the employee. The request submitted at the start of the leave must include updated documentation and a letter of intent to return to work at the end of the leave period.

c. He/she may submit a resignation.

8. An employee who is aware in advance that a leave of absence for personal illness (such as for maternity reasons) will be requested, shall make the request in writing to the Superintendent as early as possible after the need for a leave of absence has been determined.

PERSONAL LEAVE

Columbia School District personnel shall be granted annual personal leave according to the schedule below:

Tenure in Columbia School District Years

Less Than 12 Month Employees Number of Days

12 Month Employees Number of Days

0-5

2

3

6 - Retirement

3

4

Any unused portion of the total personal leave allowance up to five (5) days shall be carried over to the next school year and credited to such licensed employee if the licensed employee remains employed in the Columbia School District. Unused personal leave accumulated by licensed employees in excess of the maximum five (5) days shall be converted to sick leave. Personal leave for non-licensed employees is not cumulative and is converted to sick leave at the end of each school year. Twelve (12) month employees shall be entitled to ten (10) additional personal (vacation) days per school year. §25-3-93 and §25-3-95 Personnel are to give principals at least 24-hour notice prior to taking personal leave in order that suitable arrangements can be made. Personal leave shall not be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday, unless on such days an immediate family member of the employee is being deployed for military service. §37-7-307 (3)

PERSONAL LEAVE PROCEDURE

1. The employee requesting personal leave must provide his/her principal or immediate supervisor with a written request on the form provided at least twenty-four hours prior to the date for which the leave is requested except in emergency situations.

Such requests shall state:

a. Date(s) of leave.

b. Number of working days leave will include.

c. Date when leave was requested.

2. The principal or immediate supervisor will approve or disapprove the request for personal leave and send a copy of the form to the Superintendent.

3. The leave will then be approved or disapproved by the Superintendent.

4. The employee requesting personal leave will receive notification of approval or disapproval of the

leave.

EXTENDED LEAVE OF ABSENCE

Columbia School District personnel may be granted leave of absence without pay for periods of time up to one (1) year. Leave of absence may be granted to a limited number of employees for a specified time for professional study, special service to a state or national organization, or other justifiable professional reasons.

Personnel may also be granted an extended leave of absence when the provisions of the Sick Leave Policy (GARI) have been utilized. A leave of absence shall affect a person's position on the salary schedule and retirement according to state regulations. A leave of absence will not affect accumulated sick leave.

Decisions regarding requests for leave of absence shall be made by the Board upon recommendation of the Superintendent. Insofar as circumstances permit, an employee shall be reassigned to the same position or a position of equal status and salary to that from which leave was granted. Any assignment must be one in which the employee is certified according to the requirements of state and regional accrediting associations.

EXTENDED LEAVE OF ABSENCE PROCEDURE

Procedures for implementing the Extended Leave of Absence policy are as follows:

1. Certified/licensed personnel who have served satisfactorily in the system for at least five (5) years may qualify for extended leave of absence for professional reasons.

2. No more than two (2) employees in the district may be granted an extended leave of absence for professional reasons during the same time period.

3. An employee wishing an extended leave of absence must provide his/her principal or immediate supervisor with a written request. Such request shall include a letter of intent to return to work at the end of the extended leave period. Such request shall state:

a. Dates for which the extended leave of absence is requested.

b. Reason for requested leave of absence.

5.

The employee requesting the extended leave of absence will be notified of the approval or disapproval of his/her request.

Any person on leave during the second semester of a school year will complete, prior to March of that semester, the employee's employment intent form for the following school year.

Date Approved: July 8, 2004

FAMILY AND MEDICAL LEAVE

GARIA

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible district employees to take up to 12 weeks (annual limit, not per occurrence) of unpaid, employment-protected leave during any 12 month period for the following family and medical reasons:

A. Birth of the employee’s son or daughter and to care for the newborn child;

B. Placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child;

C. Care for an immediate family member (employee’s spouse, son or daughter, or parent – not parent-in-law) with a serious health condition.

D. Serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job.

PROVISIONS

1. Entitlement to leave under (A) through (D) above shall expire at the end of the 12-month period beginning on the date leave begins.

2. An eligible employee is one who has been employed by the district for at least a total of 12 months and has worked for at least 1,250 hours over the prior 12 months.

3. In any case in which the necessity for leave is foreseeable, the employee shall provide the district with no less than 30 days notice. If the employee fails to give 30 days notice for foreseeable leave, the Superintendent may deny the taking of FMLA leave until at least 30 days after the date the employee provides notice.

4. Family leave may be intermittent or on a reduced leave basis only when such leave does not seriously impair the instructional or support service requirements of the employee’s job. The district will require certification from a health care provider for requested medical leave or for intermittent or reduced leave. The district may require a second opinion by a different health care provider. (Certification form available in the personnel office of the district.)

5. The district requires an employee to use any paid vacation, personal leave, or medical leave assured under the provisions of applicable CSD Policies first and concurrent with the leave provision of FMLA. The maximum leave entitlement for the reasons covered under FMLA is the combined total of an employee’s accrued vacation, personal and medical leave or 12 weeks (60 working days) as provided under FMLA, whichever is greater.

Date Approved: July 8, 2004

MILITARY LEAVE

GARID

Employees of the Columbia School District who are members of any of the reserve components of the armed forces of the United States or former members of the service of the United States discharged or released therefrom under conditions other than dishonorable, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises, for annual periods not to exceed fifteen (15) days.

For such periods in excess of fifteen (15) days, such employees shall be entitled to leave of absence from their respective duties without loss of time, annual leave, or efficiency rating until relieved from duty, and shall when relieved from such duty, be restored to the positions held by them when ordered to duty, or a position of like seniority, status and pay; provided that such person: (1) when discharged or released from the armed forces shall have received a certificate of satisfactory completion of service, (2) shall be still qualified to perform the duties of such position, (3) shall make application for reemployment within ninety (90) days after such person is relieved from such training and service or released from hospitalization for a period of not more than one (1) year for causes attributable to such services. Any person restored to a position under the above provisions shall not be discharged from such position without cause within (1) year after restoration.

LEGAL REF.: Section 33-1-21 of the Mississippi Code of 1972 (amended)

Date Approved: July 8, 2004

PROFESSIONAL LEAVE

GARIH

Professional leave may be provided for attendance at conferences, seminars, workshops or other professional activities.

The employee requesting such leave shall provide his/her immediate supervisor a professional leave form three weeks in advance. The immediate supervisor will approve or disapprove the request and forward the form to the Superintendent for his/her disposition. A copy of the form indicating approval/disapproval will be returned to the employee.

Date Approved: July 8, 2004

DONATING LEAVE TO ANOTHER EMPLOYEE

GARIJ

Any school district employee may donate a portion of his/her unused sick leave to another employee of the same or another school district who is suffering from a catastrophic injury or illness or who has a member of his/her immediate family suffering from a catastrophic injury or illness. Catastrophic injury is defined by MS Code §37-7-307 (a) (i).

1. The donor employee shall notify the Superintendent (or designee) and designate the employee who is to receive the leave and the amount of unused leave to be donated.

2. The maximum amount of leave that may be donated cannot exceed that which would leave the donor employee with fewer than 7 days of unused accumulated personal leave. The maximum amount of unused accumulated sick leave that may be donated cannot exceed 50% of the unused accumulated sick leave of the donor employee.

3. An employee must have exhausted all of his/her available leave before being eligible to receive donated leave.

4. Eligibility for donated leave shall be based upon review and approval by the donor employee’s supervisor.

5. Before an employee may receive any donated leave, he/she must provide the Superintendent (or designee) with a physician’s statement that states the beginning date of the injury or illness, a description of the injury or illness, a prognosis for recovery and the anticipated date the employee will be able to return to work.

6. If the amount of leave that is donated is not used by the employee, the whole days of donated leave shall be returned to the donor employees on a pro rata basis.

LEGAL REF.: Section 37-7-307 of the MS Code of 1972

Date Approved: July 8, 2004

JURY DUTY

GARIN

Employees of the Columbia School District shall be granted released time for jury duty and shall receive the full salary to which they are normally entitled. Personnel who request leave for jury duty will be required to provide documentation of service.

Date Approved: July 8, 2004

DRUG FREE WORKPLACE – DRUGS AND ALCOHOL – SMOKING – TOBACCO USE

GAX

As a condition of employment, all employees will abide by the terms of this policy and will notify the Superintendent of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

All employees are prohibited from being under the influence of drugs and alcohol while on duty or on school premises. All employees are prohibited from using illegal drugs, or prescription medication for which they do not have a proper prescription.

The sale, possession, transfer, or purchase of illegal drugs on school property or while performing school business is strictly prohibited. Such action will be reported to appropriate law enforcement officials.

The use, sale, or possession of an illegal or non-prescribed drug or controlled substance while on duty is cause for immediate termination.

No alcoholic beverage will be brought or consumed on school premises.

No prescription drug will be brought on school premises by any person other than the person for whom the drug is prescribed. Prescription drugs will be used only in the manner, combination, and quantity prescribed.

Any employee whose use of alcohol or illegal use of non-prescribed drugs results in excessive absenteeism, tardiness, poor work or an accident will be subject to discipline, including termination.

For the purpose of this policy, any employee testing positive for any illegal drugs or prescription medication for which he/she does not have a proper prescription shall be deemed to be using such drugs as prohibited above.

Individuals being recommended for employment in safety sensitive positions of the district shall undergo drug screening testing prior to being submitted to the School Board for employment approval. Safety sensitive positions shall include those positions which involve the transportation of students; the preparation of food for consumption by students and employees; the construction, modification, and/or repair of facilities which involve the installation, repair, or removal of electrical components; the operation of school district service vehicles; and/or the operation of equipment of which the inappropriate operation would cause probable injury to the operator and/or person or persons in the immediate vicinity.

The school district may require tests for drugs and alcohol if there is reasonable suspicion that an employee is under the influence of these substances while on duty or on school property. This employee will be allowed to provide notice to the district of currently or recently having used prescription drugs prior to the time of the test. Reasonable suspicion is defined under this policy as the belief by the district that an employee is using or has used drugs or alcohol in violation of the district’s policy.

Reasonable suspicion may be based upon, but not limited to, the following:

A. Observable phenomena, such as direct observation of drug or alcohol use and/or the physical symptoms or manifestations of being under the influence of a drug or alcohol;

B. Abnormal conduct or erratic behavior while at work, absenteeism, tardiness or deterioration in work performance;

C. A report of drug or alcohol use provided by reliable and credible sources which has been independently corroborated;

D. Evidence that an individual has tampered with a drug and/or alcohol test;

E. Information that an employee has caused or contributed to an accident while at work; or

F. Evidence that an employee is involved in the use, possession, sale, solicitation, or transfer of drugs or alcohol while working or while on school premises or while operating one of the district’s vehicles, machinery, or equipment.

If there is reasonable suspicion that an employee is using or has used drugs or consumed alcohol in violation of the school district’s policy, that employee will be required to submit to an alcohol and/or drug test. The Superintendent (or in his or her absence an appointed replacement) must approve in advance all reasonable suspicion testing.

Drug screening testing required by this policy shall be provided by the school district, shall be of the extent normally considered appropriate for industrial drug screening, and shall be conducted by qualified medical personnel using the services of a medical laboratory following the guidelines of the National Institute of Drug Abuse for drug testing.

Any applicant whose drug screening test registers positive shall be provided the opportunity to do the following:

1. Withdraw the application for employment.

2. Produce doctor-verified proof of personal medical prescription for the drug in question, if the positive reading relates to a prescription drug of which the prescribed use would not impair the applicant’s safe performance of duties on the job for which being considered.

3. Submit to a retest.

Any person whose drug screening test proves positive and who refuses to comply with an appropriate option from among options 1, 2, and 3 from the applicable section above or whose retest results prove positive, shall, if presently employed, be dismissed from employment or, if being considered for employment or reemployment, be dismissed from further consideration.

Certified personnel suspended, removed from employment or not recommended for reemployment shall be afforded the provisions of Policy GBN (Suspension, Removal, and Non-renewal of Employment of Certified Personnel) and Policy GAE (Staff Complaints/Grievances).

Date Approved: July 8, 2004

SMOKING AND OTHER USES OF TOBACCO (STAFF)

GAXA

No person shall use any tobacco product on any educational property as defined in §97-32-25 through 29

(2000)

LEGAL REF.:

MS CODE as cited Also see EBAB.

Date Approved: July 8, 2004

COMPENSATION GUIDES/CONTRACTS – LICENSED PERSONNEL

GBA

DEFINITION: YEAR OF TEACHING EXPERIENCE

The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private schools of this or another state. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. The State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator. §37-151-5 (2003)

LEVEL OF PAY

If, at the commencement of the scholastic year, any licensed employee shall present the Superintendent a license of a higher class than that specified in such individual’s contract such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher class license would have entitled the individual, had the license been held at the time the contract was executed. §37-9-17 (1997)

CONTRACT REQUIRED

The Superintendent shall enter into a contract with each licensed employee and person anticipating, graduation from an approved teacher education program or the issuance of a proper license before October 15 or February 15, as the case may be, who is elected and approved for employment by the School Board. Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in a duplicate with one (1) copy to be retained by the Superintendent and one (1) copy to be retained by the licensed employee or person recommended for a licensed position contracted with. The contract shall show the name of the district, the length of the school term, the position held, the scholastic years which it covers, the total amount of the annual salary and how same is payable. The amount of salary to be shown in such contract shall be in the amount which shall have been fixed and determined by the School Board. The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or December 31, as the case may be, or the issuance of a proper license before October 15 or February 15, as the case may be, shall be a conditional contract and shall include a provision stating that the contract will be null and void, if as specified in the contract, the contingency upon which the contract is conditioned has not occurred. If any licensed employee or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the School Board, the election of the licensed employee and the contract tendered to him shall be null and void and of no effect. §37-9-23 (1998)

LENGTH OF CONTRACT

The School Board has the power and authority, in its discretion to employ licensed employees yearly. §37-9-25 (1997)

FIXING OF SALARY

The salaries of licensed employees shall be paid by pay certificates issued by the Superintendent. Such pay certificates may be issued without additional authorization of the School Board where the amount of salary has been fixed and a contract entered into. All pay certificates and warrants issued shall show the gross amount of the salary and all authorized deductions therefrom for income taxes, social security, retirement contributions and other lawful purposes. §37-9-41 (1997)

EXECUTION OF WRITTEN CONTRACT

It shall be unlawful for any licensed employee to be paid for any services as such until a written contract

has been executed. If any licensed employee, shall willfully and without just cause breach his contract and abandon his employment, he shall not be entitled to any further salary payments either for services rendered prior to such breach or for services which were thereafter to have been rendered. Nothing in this section, however, shall prevent the employment and payment of substitute teachers without a written contract. §37-9-43 (1997)

SALARY DEDUCTIONS

It shall be unlawful for the Superintendent to deduct or permit to be deducted from the salary of any

licensed employee any dues, fines or penalties payable or alleged to be payable because of the membership of such licensed employee in any organization or association. However, dues or premiums in health associations or corporations and tax sheltered annuity deductions authorized by the United States Internal Revenue Code may be deducted upon written authorization from the licensed employee involved. §37-9-49 (1987)

RELEASE FROM CONTRACT

A licensed employee in the school district who is under contract to teach or perform other duties and who

desires to be released from such contract shall make application in writing to the School Board for release therefrom, in which application the reasons for such release shall be clearly stated. If the Board acts favorably upon such application for release, such licensed employee shall be released from his/her contract, and said contract shall be null and void on the date specified in the School Board's order. §37-9- 55 (1997)

The signature of an employee on a contract represents good faith on the part of that employee to fulfill all the requirements set forth by the administration and the Board of Trustees.

All licensed personnel except those excluded by action of the Board of Trustees shall be paid an annual salary based on the current official salary schedule which shall be published annually.

The salary of the Superintendent is based on arrangements with the Board of Trustees.

Salaries of all administrative and supervisory personnel including principals shall be based on the administrative salary scale established by the Superintendent and approved by the Board of Trustees.

All salaries for personnel employed for the year in which the annual budget is approved are approved along with the annual budget by the Board of Trustees.

In accordance with State Board of Education policy governing computation of teaching experience and combination of teaching experience, under the authority granted in Section 37-19-1 (1), the policy of the Columbia School District shall be as follows:

1. Teaching or administrative experience in state accredited public or private schools, grades pre- kindergarten through twelve (12) inclusive, will be counted in determining teaching experience. Summer months of teaching will not be accepted as credit in computing teaching experience.

2. Verification of all previous experience must be in writing. Compensation will be based on the salary scale as adopted by the Board of Trustees for each school year.

3. The number of days shall not exceed forty-five (45) consecutive school days during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term.

Before the first check is paid under a teacher's contract, the following must be on file in the office of the Superintendent:

Completed application, together with reference evaluations.

Valid/appropriate teaching license or notification of approval form from Office of Educator Licensure.

Verification of prior teaching experience (if applicable).

Official college transcript(s) for all degrees earned.

After July 15, a release may not be granted. Once a contract has been signed, the employee cannot be released from his/her contractual obligations until officially released by the Board of Trustees.

Each teacher's contract shall be binding on both parties, the Board of Trustees and the teacher, for the entire term of the contract, and the only grounds upon which the Board of Trustees shall consider the request of a teacher to be released from any of the contractual obligations stated in the contract shall be health or other extenuating reasons. All recommendations for release from a contract must have the Superintendent's written recommendation.

COMPENSATION GUIDES AND CONTRACTS – FAILURE TO COMPLETE CONTRACTUAL RESPONSIBILITIES – LICENSED EMPLOYEES

In cases where the teacher is unable to complete the school year, his/her contract pay will be computed for the number of days worked. The total number of days as stated on the contract will be divided into his/her total contract salary to obtain the daily rate. The daily rate will be multiplied times the number of days worked to arrive at the total salary earned. The product of the number of payments made times the monthly installment amount will be deducted from the total salary earned to determine any balance due the teacher.

Date Approved: July 8, 2004

STAFF APPRECIATION AWARDS

GBAAA

All staff members who have had perfect attendance for the current school year shall be recognized. Professional and vacation leave approved by the district will not count against the staff member in determining perfect attendance.

Perfect attendance award recipients will be honored in the following manner:

a. Staff members who have perfect attendance for the year will be granted two extra days of sick leave to be added to their cumulative total. Part-time staff members will be granted leave on a prorated basis.

b. Each staff member having perfect attendance shall receive a certificate.

Certificates will be awarded annually to staff members with ten (10) years service and in multiples of five (5) years of service to the school district. Staff members not otherwise entitled to receive a certificate will receive a service certificate specifying the number of years of service to the Columbia School District upon leaving the employment of the district, provided that he/she has a minimum of ten (10) years of service to the district.

Upon retirement from employment, each staff member shall receive a plaque stating the number of years of service to education and the number of years of service to Columbia School District.

Date Approved: July 8, 2004

PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES

GBBA

All instructional personnel shall be licensed in accordance with state law and the regulations of the Mississippi State Department of Education. Such licensure and transcript of credits shall be on file in the office of the Superintendent prior to the issuance of the first salary check.

Date Approved: July 8, 2004

TECHNOLOGY COMPETENCIES - INSTRUCTIONAL PERSONNEL

GBBAA

In order to be eligible for continued employment in the Columbia School District, all certified/licensed employees are required to show mastery of technology skills by exhibiting appropriate technology competencies for instructional personnel during their first year of employment. The list of required competencies will be reviewed annually and revised as necessary to ensure that skills required will enhance teaching performance.

Date Approved: July 8, 2004

TEACHERS – DUTIES – RESPONSIBILITY FOR DISCIPLINE LICENSED EMPLOYEES

GBBAAD

Each teacher shall be responsible for maintaining satisfactory discipline on the part of each student assigned to him/her and shall contribute to the good discipline of those students whom he/she observes during the working day who are not under the immediate supervision of another teacher. Included in this responsibility is the duty to plan classroom work and other activities so that students become engaged in their studies or activities immediately after the class begins. It is expected that student traffic during class periods will be held to an absolute minimum, with students leaving the room only in the event of emergencies. Failure of the teacher to meet disciplinary requirements in a consistent manner in accordance with district policies and procedures will constitute grounds for dismissal.

Date Approved: July 8, 2004

TEACHERS – DUTIES – LEAVING SCHOOL GROUNDS OR DUTY POSTS - LICENSED EMPLOYEES

GBBAAE

Except in case of emergency, and with approval of the principal, teachers are expected to remain on the school grounds from sign-in until sign-out time and to remain in their classrooms during class sessions or at their duty posts for the entire assigned time.

Date Approved: July 8, 2004

RECRUITMENT AND SELECTION

GBC

The school district is an equal opportunity employer.

CROSS REF.:

Policies GAAA — Equal Opportunity Employment GAAC — Hiring Procedures

GBBA

GBD

— Professional Personnel Qualifications — Professional Personnel Hiring

— Professional Personnel Qualifications — Professional Personnel Hiring

Date Approved: July 8, 2004

PROFESSIONAL/LICENSED PERSONNEL HIRING/REEMPLOYMENT

GBD

The School Board has the power and authority to select all school district personnel in the manner provided by law and to provide for such employee fringe benefit programs as may be deemed necessary and appropriate by the Board. §37-7-301 (p) (1993)

The Superintendent shall have the power, authority and duty to enter into contracts in the manner provided by law for each assistant Superintendent, principal and teacher of the public schools under his/her supervision, after such assistant Superintendent, principal and teacher has been selected and approved in the manner provided by law. §37-9-14(2)(a) (1999)

CROSS REF.: Policies

CGD – Administrative Personnel Hiring GAAC – Hiring Procedures

Date Approved: July 8, 2004

PROFESSIONAL/LICENSED PERSONNEL ASSIGNMENT

GBE

The Superintendent shall have the power and authority to make assignments of all licensed employees as provided in §37-9-15 and §37-9-17 and to make reassignments of such employees from time to time to any area in which said employee has a valid license issued by the State Department of Education; provided, however, that upon request from the employee so transferred, such assignments shall be subject to review by the School Board. §37-9-14(s)

Also see CGE.

Date Approved: July 8, 2004

PROFESSIONAL/LICENSED PERSONNEL ORIENTATION

GBF

A program for the orientation of provisional and other teachers new to the district shall be developed and implemented by the central administration and the individual schools.

The program shall assist new teachers in becoming acquainted with the community, school district and the school, including the policies of the Board, rules and regulations, and the instructional program.

Date Approved: July 8, 2004 Date Revised: June 26, 2008

EMPLOYEE DRESS CODE

GBG

Each employee of the Columbia School District is expected to give proper attention to his/her personal appearance as required by work responsibilities. Appropriate dress influences the way staff interacts with students and positively affects the general environment.

Each employee of the Columbia School District will contribute to the formation of a positive, professional public image by maintaining high standards of personal appearance through appropriate dress and grooming, regardless of job category.

Principals, as instructional leaders, shall have the authority to determine what is considered professional attire and in the best interest of instruction.

1. Dresses and skirts shall not exceed the top of the kneecap. (Splits no more than three (3) inches above the knee.)

2. Tight-fitting, clinging or revealing attire shall not be worn.

3. The only allowable piercing jewelry will be earrings worn on the ear.

4. Recreational clothing, warm-up suits, and wind suits will not be worn.

5. Appropriate professional footwear will be required. However, on special occasions and/or while actively on duty, athletic shoes, tennis shoes, or sneakers may be worn.

6. Jeans of any color will not be worn as a part of dress for all employees. (Technology crew, maintenance workers, janitors, and bus drivers are excluded.)

7. Teachers of special education, physical education, and non-clerical support staff will be required to dress appropriately, according to their job description.

8. No tee-shirts or shorts are allowed.

9. Spirit days are at the discretion of the building principal.

10. Unnatural hair colors are prohibited.

It is the responsibility of the principal or supervisor to be aware of inappropriate dress and to discuss dress and grooming expectations with those employees who may require guidance. Examples of inappropriate clothing include, but are not limited to, see-through clothing, clothing that does not cover the entire body with the exception of arms, legs, and neck up, tight clothing, and low-cut blouses/dresses.

Date Approved: July 8, 2004

LICENSED PERSONNEL APPRAISAL

GBI

The evaluation of professional employees shall be in the form and manner prescribed by the State Department of Education. The School Board of the district directs the Superintendent to formulate and implement a formal annual performance appraisal system based on job descriptions and on-the-job performance of every professional employee.

In-service training sessions for teachers and administrators will be held regularly with an emphasis on effective teaching strategies. An emphasis will be placed on teaching techniques and skills.

All principals and supervisors will regularly visit classrooms and observe the teaching process. Conferences will be held for the purpose of improving and strengthening instruction.

LEGAL REF.:

Mississippi Public School Accountability Standards

Date Approved: July 8, 2004

PROFESSIONAL PERSONNEL SUSPENSION/DISMISSAL

GBK

If any licensed employee shall arbitrarily or willfully breach his/her contract and abandon his/her employment without being released therefrom, the contract of such licensed employee shall be null and void.

For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a student or other good cause, the Superintendent may dismiss or suspend any licensed employee. Before being so removed or suspended any licensed employee shall be notified of the charges against him/her and he/she shall be advised that he/she is entitled to a public hearing upon said charges.

In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or in the discretion of the Superintendent, may interfere with or cause a disruption of normal school operations, the Superintendent may immediately release said employee of all duties pending a hearing, if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations.

The School Board, upon a request for a hearing by the person so suspended or removed, shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request.

In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee. §37-9-59 (1997)

Insubordination is one of the "other good causes" for which one may be dismissed.

The principal or other appropriate administrative personnel shall have the power to suspend employees under their supervision, once approval has been given by the Superintendent, for failure to comply with school policies and procedures or reasonable requests of the administration. The employee shall have the right to a hearing as outlined in the procedures governing licensed staff grievances.

Date Approved: July 8, 2004

REDUCTION IN FORCE

GBKA

If it becomes necessary to reduce the number of certified staff members within the Columbia School

District, the administration shall take into consideration attrition prior to staff reduction.

Only current assignments will be considered in determining staff reductions, and seniority will be computed based on total district service, not on length of service in current assignment. Staff members whose positions have been eliminated shall not cross over into other subject areas and request removal of another staff member. Certified staff members with more than one teaching area of certification shall be counted only in the area in which they are presently assigned for the major portion of the school day (four periods in a seven-period day).

A teacher in the affected area will be given consideration for transfer into a different teaching area within

the Columbia School District in which he/she is also certified and meets all qualifications as required in this

policy, provided that a vacancy occurs in that teaching area, but there shall be no guarantee of reemployment.

GRADES K-6

In the event that a K-6 position is eliminated, the last person hired by the school district in that area of

certification (system-wide) will not be offered a contract.

GRADES 7-12

In the event that a 7-12 subject area position is eliminated, the last person hired by the school district in that

subject area in the department involved (system-wide) will not be offered a contract.

COACHING ASSIGNMENTS

When head varsity coaching assignments in football, basketball, and baseball cannot be reassigned to other personnel presently employed by the school district (who meet all certification requirements and qualifications for the specific coaching assignments), such positions may be exempt from consideration in matters of staff reduction.

SENIORITY

In making staff reductions, the administration must first determine seniority, which will be done by using

the following criteria in the order listed until a determination has been made. (If, for example, employees do

not have the same years of accrued service in the Columbia School District as specified in "1" below, no other criteria to determine seniority need be considered.)

1. Accrued service in the Columbia School District based on beginning date of employment, provided that there are no periods of non-employment totaling two (2) full years or more. (If a staff member was previously employed by the district and underwent any period of non-employment for two (2) full years or more - whether consecutive or not - the staff member's seniority will be computed from the date of beginning his/her present employment by the school district.) Part-time employees who are employed at least eighty (80) percent of the school day shall have their seniority computed as if they were full-time employees. Part-time employees who teach less than eighty (80) percent of the school day shall be considered first for any reduction in force if they do not consider full-time employment.

2.

Teaching experience (a year of teaching experience will be determined by using state-approved credit as shown on the teaching contract tendered by the Columbia School District)

3.

Determination of service (consideration will be given to the person who has served the greater percent of the initial year of the contract period in cases where contract experience is the same)

4.

Partial year of service (in the event that seniority is the same, as determined under "2" and "3" above, part of a year of employment in the Columbia School District will be considered, although a year of teaching experience was not awarded and shown on the teaching contract)

If

seniority is the same under guidelines above, the following criteria will then be used:

1.

Length of service in current assignment in the Columbia School District

2.

Number of years of teaching experience in current area of certification

3.

Total number of years of teaching experience (in-district and out-of-district)

4.

District goals as related to the instructional program.

5.

State Department of Education and Southern Association of Colleges and Schools accreditation requirements (staff reductions should alter present accreditation status and pupil/teacher ratios as required by State Department of Education and Southern Association of Colleges and Schools).

6.

State Department of Education certification standards (all staff members must meet State Department of Education certification requirements for the subject area(s) and/or grade level in which they are employed).

In

cases where special state and federal programs are no longer funded, staff members employed in these

state and federal programs will not be permitted to remove another staff member because of seniority accrued under these programs. Teachers in these programs should be clearly informed that their seniority

does not extend into other areas of employment or programs.

Teachers who are released shall be reinstated in inverse order if certified to fill the vacancies and provided that all other provisions of this policy can be met. It shall be the responsibility of the teacher who has been released to keep the administration informed at all times of his/her current address and telephone number.

The administration shall recall a teacher by written notification (certified mail, return receipt requested). Such teacher shall have five (5) days from receipt of this notice in which to reply. If he/she accepts the position, he/she shall immediately conform with the provisions of his/her contract assignment. Teachers who refuse a recall offer shall be dropped from the list of recall candidates and forfeit all further rights to recall. Teachers shall be dropped from the list of recall candidates after one (1) year on such a list.

A teacher notified of dismissal because of reductions in certified staff may request a hearing concerning

his/her dismissal. All requests for hearing shall be in accordance with state law.

In-district seniority will not accrue during the time a staff member is unemployed by the district because of reductions in certified staff, but reemployment by the school district will restore in-district seniority that had accrued prior to the time of dismissal.

The Columbia School District's obligation to recall a teacher who has been dismissed because of certified staff reduction shall cease at the time the staff member signs a contract with another school district.

When reductions are required and transfers of staff members are necessary, staff members affected by the reduction will be placed only in existing vacancies.

Personnel whose positions are discontinued for the reasons stated above will be given consideration for positions that become open because of retirement, voluntary transfer, or other causes before other applications are considered, provided that they meet all certification/qualification requirements.

Nothing in this policy shall be in conflict with certification and accreditation requirements or state law under which the school system operates

Date Approved: July 8, 2004 Date Revised: June 29, 2006 Date Revised: April 10, 2008

SUSPENSION, REMOVAL, AND NONRENEWAL OF EMPLOYMENT OF CERTIFIED PERSONNEL

GBN

In the event that a determination is made by the school district not to offer an employee a renewal contract for the successive year, based on valid educational reasons or noncompliance with school district personnel policies, written notice of nonrenewal shall be given within ten (10) days of the date when the recommendation to reemploy would have been made under the provisions of §37-9-105, §37-9-109, and amendments thereto, but in any event no later than the following:

1. If the employee is a Superintendent, the school district shall give notice of non- reemployment on or before February 1.

2. If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or

3. If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15 or within ten (10) days after the date the Governor approves the appropriation bill(s) comprising the state’s education budget for funding K-12, whichever date is later.

As used in this policy and in MS Code, §37-9-103, as amended, the word "employee" shall include:

1. Any teacher, principal, Superintendent, or other professional personnel employed by the Columbia School District for a continuous period of two (2) years with the district and required to have a valid license issued by the State Department of education as a prerequisite of employment; or

2. Any teacher, principal, Superintendent, or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the Columbia School District of current employment.

And further, if an employee has received notice under §37-9-103, Mississippi Code, as amended, upon written request he/she shall be entitled to:

1. Written notice of the reasons for non-reemployment, together with a summary of the factual basis and which notice shall be given at least five (5) days prior to any hearing.

2. An opportunity for hearing at which to present information relevant to the reasons given for the non-reemployment decision, including any reasons alleged by the employee to be the reason for non-reemployment.

3. Receive a fair and impartial hearing before the Board of Trustees or hearing officer.

4. Be represented by legal counsel at his/her own expense.

If the employee does not request a hearing, the decision of the Superintendent with regard to the reemployment of the employee shall be final. Date Approved: July 8, 2004

PROFESSIONAL PERSONNEL REEMPLOYMENT

GBP

LICENSED AND NON-INSTRUCTIONAL EMPLOYEES

On or before April 1 of each year, the principal of each school shall recommend to the Superintendent the licensed employees or non-instructional employees to be employed for the school involved except those licensed employees or non-instructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the Superintendent, he/she shall recommend the employment of such licensed employees or non-instructional employees to the School Board, and, unless good reason to the contrary exists, the Board shall elect the employees so recommended. If, for any reason, the School Board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the Superintendent and then by the Superintendent to the School Board as provided above.

Also see GAAC — Hiring – All Employees

Date Approved: July 8, 2004

PROFESSIONAL PERSONNEL RETIREMENT

GBQ

Professional educators shall be retired from public employment under such conditions and provisions established by the Public Employee Retirement System (PERS). §25-11-101 et. seq.

Date Approved: July 8, 2004

TIME SCHEDULE

GBRB

The regular school day for instructional personnel will be from 7:30 a.m. until 3:15 p.m. except on Friday, when instructional personnel may leave at 3:00 p.m. Schedules for extra duty shall be adjusted by the principal in each building.

Date Approved: July 8, 2004

STAFF MEETINGS

GBRD

The school principal shall provide for staff meetings and specific training activities to assist classroom teachers and support staff improve instructional practices.

The school principal shall provide formal opportunities for teachers to set school performance goals and to develop academic strategies to accomplish the goals.

The administrative staff, as well as the instructional and support staff, shall participate in staff meetings and staff development activities to enhance professional skills in improving the instructional program for students.

Faculty meetings shall be held upon the call of the Superintendent and/or school principal.

REFERENCE:

Mississippi Public School Accountability Standards

CROSS REF.:

Policy GAC— Staff Decision Making/Staff Community Relations

Date Approved: July 8, 2004

PROFESSIONAL/LICENSED PERSONNEL EXTRA DUTY

GBRE

Teachers are expected to assume reasonable duties over and above their regular teaching responsibilities. Extra duties will be assigned in an equitable manner.

Date Approved: July 8, 2004

PROFESSIONAL/LICENSED PERSONNEL EXPENSES

GBRF

Professional/licensed personnel who have been authorized by the Superintendent to travel in the performance of their duties shall be reimbursed as indicated below:

1. For each mile actually and necessarily traveled in the employee's automobile or other private motor vehicle, the employee will be reimbursed at the Department of Finance and Administration approved per mile rate.

2. When such travel is done by means of a public carrier or other means not involving private motor vehicle, the employee shall receive as travel expense the actual fare or other expenses incurred in such travel. Travel by airline shall be at the tourist rate unless such space is unavailable. The employee shall certify that tourist accommodations were not available if travel is performed in first class airline accommodations.

3. Employees shall be reimbursed for other actual expenses such as meals, lodging and other necessary expenses incurred in the course of such travel, subject to limitations placed on meals for intrastate and interstate official travel by the State Fiscal Management Board and rules and regulations adopted by the State Department of Audit.

Also see DJD.

Date Approved: July 8, 2004

SABBATICAL LEAVE – CERTIFIED STAFF

GBRIC

Certified personnel with five (5) or more years tenure may be granted sabbatical leave for

Certified personnel with five (5) or more years tenure may be granted sabbatical leave for the purpose of improving professional competence. No more than two (2) professionals will be granted a sabbatical leave during the same time period. Requests for sabbatical should be presented to the principal for approval, who will then present the request to the Superintendent, who will recommend an action to the School Board. Approval may be granted only by the School Board, and salary, if any, and other obligations will be determined when the request is considered.

Date Approved: July 8, 2004 Date Revised: June 29, 2006 Date Revised: April 9, 2009

SUBSTITUTE TEACHERS

GBRJ

Substitute teachers must meet the following criteria:

H ave a high school diploma or equivalent (To work at Columbia High School, the substitute teacher must be at leas t twenty- three years of age OR hold a valid teacher license. )

Attend a Columbia School District orientation/training session for substitute teachers prior to working each year (Certified teachers may be employed as substitute teachers prior to this sessio n , but must attend a CSD orientation session . Certified teachers who substituted in the previous school year are not required to attend the annual orientation/training session. )

Be approved annually by the Columbia Board of Trustees (The Board approves periodically as trainings are held.)

Principals are responsible for securing substitute teachers from the approved list provided by the Superintendent’s office.

CROSS REF: Policies: GAAC — Hiring All Employees GCD Non - licensed Personnel Hiring GCRA — Fair Labor Standards Policy

Date Approved: July 8, 2004

CLASSIFIED/NON-LICENSED STAFF

GC

Classified non-instructional personnel are “at will” employees whose duties do not require a certificate (or license) issued by the State Department of Education. Classified employees have no property rights in their employment.

The Superintendent has the power, authority and duty to make assignments to the various schools in the district of all noninstructional and non-licensed employees, as provided in § 37-9-17 and to make reassignments of such employees from time to time. § 37-9-14 (2) (s)

The Superintendent has the power, authority and duty to employ and dismiss non-instructional and non- licensed employees as provided by law. § 37-9-14 (2) (y)

Within the limits of the available funds, the Superintendent shall recommend to the School Board all non- instructional employees to be employed and may prescribe the duties thereof. Compensation for such employees may be paid from any lawful funds. § 37-9-3

The Board has the power, authority and duty to employ all non-instructional and non-licensed employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the Superintendent. § 37-7-301 (w)

LEGAL REF.: MS CODE as cited

CROSS REF.: Policies CA — General School Administration Goals and Objectives CC — Organization Charts GCD — Non-licensed Personnel Hiring GCRA — Fair Labor Standards Policy GAAC — Hiring All Employees

Date Approved: July 8, 2004

HIRING – CLASSIFIED/NON-LICENSED EMPLOYEES

GCD

APPLICATION

Candidates for non-licensed positions shall make formal application with the personnel department. In cases where specific training is required by a state or federal agency, the School Board will be guided by these specific requirements.

SELECTION/HIRING

The school district shall be in compliance with state laws governing hiring of all employees and background checks. (See Policy GAAC.)

Legal Ref.: §37-9-17, MS Code of 1972 as amended.

SALARY

The School Board shall fix the salary of non-licensed personnel taking into consideration the training, experience, and responsibility of the employee. The salary paid shall be not less than the federal minimum wage and shall be in compliance with the Fair Labor Standards Act.

LEGAL REF.: MS CODE as cited CROSS REF.: Policies CA — General School Administration Goals and Objectives GC — Non-licensed Staff GCRA — Fair Labor Standards Policy GAAC – Hiring – All Employees

Date Approved: July 8, 2004

EMPLOYMENT PRIOR TO BOARD APPROVAL – CLASSIFIED/NON-LICENSED EMPLOYEES

GCDA

Where job openings occur in positions to be filled by classified/non-licensed personnel, the Superintendent shall have the authority to employ supportive personnel on a temporary basis, subject to later Board approval. Employees so hired shall be informed at the time of their initial employment that permanent employment will be subject to Board approval.

Date Approved: July 8, 2004

CLASSIFIED/NON-LICENSED PERSONNEL ORIENTATION

GCF

Employees new to the school system will participate in an orientation session for new employees scheduled annually prior to the beginning of the school year.

Date Approved: July 8, 2004

TRANSFERS - CLASSIFIED/NON-LICENSED EMPLOYEES

GCM

The Superintendent or designated representative may transfer personnel within the school system. Staff members desiring a transfer to another campus shall submit the request in writing to the Superintendent.

Date Approved: July 8, 2004

RESIGNATION – CLASSIFIED/NON-LICENSED EMPLOYEES

GCO

A classified employee should give the Board fourteen (14) calendar days written notice of intention to resign.

Date Approved: July 8, 2004

REEMPLOYMENT – CLASSIFIED/NON-LICENSED EMPLOYEES

GCP

Upon recommendation by the immediate administrator/supervisor and the approval of the Superintendent and School Board, classified employees will be reemployed annually for the following school year.

Date Approved: July 8, 2004

WORKING CONDITIONS - HEALTH EXAMINATIONS – CHILD NUTRITION EMPLOYEES ONLY

GCR

The Board grants the Superintendent authority to require any person applying for child nutrition employment to furnish a satisfactory health certificate from a licensed physician or the State Health Department, certifying that he/she has had a negative (nonspecific) reaction to any standard tuberculin skin test approved by the State Department of Health not more than ninety (90) days prior to employment and that such person is free from tuberculosis in an infectious or communicable stage. Such requirement will be mandated only for positions that involve food handling or for such times as the Superintendent has reason to believe the health and welfare of students and staff is in question.

Date Approved: July 8, 2004

WORKING CONDITIONS – FAIR LABOR STANDARDS POLICY

GCRA

COVERED EMPLOYEES Employees in the job classifications listed below are generally considered to be non-exempt and are covered by the FLSA unless a specific exception exists. In those instances, the reason for the exempt status will be specifically outlined.

Secretaries Clerks Janitors Assistant Teachers Maintenance Personnel Data Entry Operators

Bookkeepers Mechanics Cafeteria Personnel Bus Drivers Security Personnel

In some instances, employees may perform dual jobs for the district, such as bus driver/maintenance worker. If duties of the two jobs require the employee to work overtime, the amount due will be calculated using the method described below under Overtime Pay.

EXEMPT EMPLOYEES Certain employees are exempt from coverage of the FLSA and are not subject to compensation for overtime work. Exempt employees include executive, administrative and professional employees. Examples include, but are not limited to, certified employees such as teachers, counselors, supervisors and administrators. Certain non-certified administrators are also exempt and include business managers, transportation directors, maintenance directors, computer technicians and other similar administrative and supervisory positions. The Superintendent shall seek advice from the School Board attorney if there is a question whether a position is exempt.

EMPLOYMENT RELATIONSHIPS No employment relationship is created between student teachers or students and the district due to the circumstances surrounding their activities.

No employment relationship is created between the district and individuals who volunteer and donate their services to the district as a public service without contemplation of pay.

The hiring of off-duty policemen or deputies on a part-time basis by the district for crowd control or for security purposes does not create a joint employment relationship between the district and the city or county with which the policemen or deputies are employed. The district is separate and distinct and acts entirely independent of other governmental entities.

HOURS WORKED The work week for the Columbia School District begins on Sunday and ends on Saturday. Each employee subject to the FLSA shall be paid for all hours worked. Compensable time includes all time that employee is required to be on duty.

Hours worked shall be accurately recorded by each employee on a daily time sheet in the form provided by the district. Employees using time sheets shall furnish all information requested and shall record the exact time of arrival and departure from work daily. An employee is expected to arrive and depart at the time specified by his/her supervisor unless requested to work overtime. All overtime shall be recorded by each employee on the time sheet.

No overtime shall be worked without prior written permission by the employee's immediate supervisor. In the event of emergencies requiring work in excess of 40 hours in a work week, the employee shall inform his/her supervisor as soon as practicable regarding the overtime worked.

BREAKS AND MEAL PERIODS Employees are allowed two breaks of no more than 15 minutes. The time of day for breaks and their length shall be determined by each employee's immediate supervisor.

Meal periods for employees frequently interrupted shall be counted as time worked and are compensable. Those employees with uninterrupted meal periods of 30 minutes or more shall not be compensated for that time.

MINIMUM WAGE All employees subject to the FLSA shall be paid not less than the current minimum wage.

OVERTIME PAY Compensation for overtime work will be paid in the form of compensatory time. Compensatory time shall be awarded on the basis of 1 1/2 hour for each hour or overtime worked. Compensatory time shall not accumulate, and the employee must take the compensatory time during or immediately following the work week in which it was earned at a time agreeable with his/her supervisor.

In the event the district decides to pay for overtime work in the form of monetary remuneration, the employee shall be paid not less than 1-1/2 times his/her regular rate of pay for all hours worked over 40 hours in a work week. Overtime pay due an employee shall be computed on the basis of hours worked in each workweek.

For employees paid at an hourly rate, the overtime will be based on that hourly rate. For employees working two or more jobs for the district, overtime pay shall be calculated on the basis of a blended hourly rate for all jobs worked, calculated by dividing the total amount of remuneration received in a work week by the total hours worked in that week. The employee shall be paid one and one-half of the blended hourly rate times the number of hours worked over 40.

ADJUSTMENT OF SCHEDULES

Supervisors may adjust schedules within a workweek to prevent the necessity of an employee working more than 40 hours in that work week.

RECORD KEEPING The Superintendent shall require all records on wages, hours, and other items to be maintained in accordance with the FLSA. Wage and Hour posters shall be displayed at each district worksite.

ENFORCEMENT

District employees shall cooperate with authorized representatives of the Department of Labor who may visit a worksite. If an employee believes he/she has not been paid in accordance with the FLSA, the employee shall notify his/her supervisor and the Superintendent. Employees who believe they have not been paid in accordance with the FLSA may file a complaint with the United States Department of Labor. The district shall not retaliate against an employee for the filing of such complaints. District employees responsible for supervising employees subject to the FLSA who willfully violate the terms of this policy shall be subject to disciplinary action by the school district. Any disciplinary action taken by the school district will be in addition to any relief granted an employee by the U. S. Department of Labor or a court of law.

LEGAL REF.: Fair Labor Standards Act (FLSA), 20 U.S.C. 201 et seq.

CROSS REF.: Policy GCD — Classified Personnel Hiring

Date Approved: July 8, 2004

NON-SCHOOL EMPLOYMENT – CLASSIFIED/NON-LICENSED PERSONNEL

GCRF

A classified employee performing any other employment which will result in absence from duty may have his/her employment terminated.

Date Approved: July 8, 2004

ASSISTANT TEACHER PROGRAM

GDB

The district shall be in compliance with State Department of Education requirements and legislative mandates in regard to the employment and utilization of assistant teachers, including funding requirements, pre-employment assessments, selection criteria, records, due process procedures, professional development, evaluation of performance, program evaluation, and any other requirements as established by law.

§37-21-7 MS Code. Also see §37-19-24.