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11-16-2004 |
DATE, TIME, PLACE OF MEETING
The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, November 16, 2004, at 5:00 p.m. The meeting was called to order by James Pitre, President. The prayer was led by Sheral LaVergne; Mr. Robert led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present: Joe A. Andrepont, Dale B. Bernard, Billy Breaux, Clara F. Duhon, Jay L. Duhon, John M. Falgout, Rev. J.L. Franklin, James W. Karr, Sr., Bryan LaRocque, Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Dr. Edward Stephens, Philip Tarver and R.L. Webb.
MINUTES APPROVED
On motion by Mr. Andrepont, seconded by Dr. Stephens and unanimously carried, the minutes of the regular meeting of October 19, 2004, were approved as presented.
Supplemental Agenda
By general consent the Supplemental Agenda was included as part of the regular agenda.
PRESENTATIONS
4-H Annual Report
Nancy Cronan, LSU Ag Center Agent, reported the following:
Calcasieu Parish 4-H 2004 Program Overview
Youth Development Agents: Nancy C. Cronan Trent Guidry James Meaux Helen Page
Educational Opportunities Provided on the Parish Level:
Junior Leader Club – This club develops leadership and citizenship skills for 13 to 18 year olds from across the parish.
Exchange Trip – Thirteen to 18 year olds in the Junior Leader club host 4-H’ers from another state for one week in their homes and expose them to our unique culture.
Elementary Workshop Day – Once a year 4th and 5th graders engage in hands on experiential learning activities.
Character Counts Posters – Once a year 4-H’ers make posters highlighting one or all six of the Pillars of Character. Field Trip –Once a year 6th through 12th graders travel to Baton Rouge and Crowley to tour various educational facilities.
Marsh Maneuvers – Once a year 8th – 12th graders learn about environmental issues such as coastal erosion, water quality, wetland functions, species diversity, productivity of estuaries, and non-point source pollution through activities designed to teach them first hand about the environment in which they live.
Shooting Sports – Fourth – 12th graders meet once a month to learn about wildlife habitat and management, gun safety, hunting ethics, and much more.
Horse Club – Members meet once a month to learn about horse management, riding skills, and participate in field trips.
Monthly Club Meeting – 55 organized clubs with 115 volunteer leaders
Stephanie Patrick, Barbe High School student, talked about her experiences at the parish Marsh Maneuvers camp and area Challenge Camp. Sulphur High School student Sarahann McCartney gave an overview of the Parish Junior Leader Club opportunities and activities.
The Board thanked Mrs. Cronan and the students for their involvement and congratulated them on their accomplishments.
NSBA Technology Award
Sheryl Abshire,
Administrative Coordinator of Technology, was recognized. Mrs. Abshire reported
that during the recent National School Board
Association’s Technology and Learning Conference in Denver, the nation's top 10,
digitally-advanced school boards were announced by the Center for Digital
Education (CDE) and National School Boards Association (NSBA). The selection was
based on the Center and NSBA’s first annual Digital School Boards Study. The
study examined how school boards and their districts are applying information
technology (IT) to better engage their local communities and constituents, and
improve the delivery of services and quality of education to public schools. 1st place: Plano Independent School District, Texas, Board of Trustees 2nd place: Spotsylvania County Schools, Virginia, School Board 3rd place: Calcasieu Parish Public Schools, Louisiana, School Board 4th place: Cherokee County, Georgia, Board of Education 5th place: Duval County Public Schools, Florida, School Board 6th place: Forsyth County School System, Georgia, Board of Education 7th place: Henry County Schools, Georgia, School Board 8th place (tie): Houston County, Georgia, Board of Education 8th place (tie): Richmond, Virginia, Board of Education 9th place: Newton County School System, Georgia, Board of Education 10th place: Dougherty County School System, Georgia, Board of Education
Mrs. Abshire stated that the award belongs to the board, to the community and to the employees of the district. She extended her appreciation to the Board, Superintendent, and staff for their vision and leadership.
A special thanks and recognition was expressed to the following technology department staff:
Diane Mason – Tech Center Coordinator Tiffany Broussard – Technology Facilitator Kay Bolen - Technology Facilitator Becky Ford - Technology Facilitator Pam Nicholson – Region V TLTC Technology Facilitator Terry Collins - Region V TLTC Technology Facilitator Lisa Mullett – Web/Network Specialist Scott Schonefeld – Tech Support Center Coordinator Mike Gray – Tech Help Desk Specialist Phyllis Gain – Community Tech Center Coordinator Ruby Dupuie - Technology Facilitator Intern
The Board commended Mrs. Abshire and staff of the technology department for their success and dedication.
Proclamation Presented by the Calcasieu Association of Educators
Lydia Colligan, CAE President, was recognized. She presented the following proclamation to the Board in honor of the National Educational Support Professional Day which is Wednesday, November 17th:
WHEREAS, the public schools are the backbone of our democracy providing young people with the tools they need to maintain our nations precious values of freedom, stability, and equality; and
WHEREAS, educational support professionals are integrals to the education process; and
WHEREAS, educational support professionals provide a safe and healthy environment for students; and
WHEREAS, educational support professionals work tirelessly to serve our children and our community with care and professionalism; and
NOW THEREFORE, Mr. Theriot serving as Superintendent of Calcasieu Parish Schools we hereby proclaim Wednesday, November 17, 2004, as National Educational Support Professional Day and recognize and acknowledge the importance of educational support professionals in our public schools.
______________________________ Jude W. Theriot, Superintendent Calcasieu Parish Schools
COMMITTEE REPORTS
Administration and Personnel
Mr. Falgout, Chairman, reported that the Administration and Personnel Committee met Monday, October 25, 2004, at 4:45. A quorum was present.
The first item presented was a number of policies to be reviewed by the committee. It was noted that these policies and changes are State mandated. A motion was made and seconded approving the listed policies. If approved, the policies will layover for a period of two weeks prior to final action by the Board. On behalf of the committee, Mr. Falgout moved to adopt the following policies:
Policy JBCE, Public School Choice, Policy IFCB, Field Trips and Excursions, Policy BBBE, Board Member Compensation and Expenses, Policy JCDAF, Bullying, Intimidation, Harassment, and Hazing, Policy CN, Administrative Records, Policy GBRHA, Sabbatical Leave, Policy GBRL, Holidays, Policy JGCE, Child Abuse, and Policy JDF, Discipline of Students With Disabilities were approved. The policies state: File: JBCE
PUBLIC SCHOOL CHOICE
The Calcasieu Parish School Board is required by both Federal law and the Louisiana School Accountability Program to develop and maintain a Public School Choice policy for any school with a School Performance Score (SPS) below levels set by the Board of Elementary and Secondary Education (BESE) and considered in School Improvement Level II or higher. Additionally, those Title I schools that have failed the subgroup component of the state’s accountability system for one year or are in School Improvement II or higher shall also be a part of a School Choice program. School Choice allows eligible students to transfer to an academically acceptable school. Subgroup component refers to the testing performance within a specified subgroup of students.
Once schools eligible to receive students have been identified, a school‑site utilization study shall be conducted as needed in all schools to determine the extent to which capacity exists to possibly accommodate students from schools offering choice, including students with special needs and/or students with disabilities. Only those schools that are labeled academically acceptable shall be considered eligible to receive students. The Superintendent and staff shall be responsible for developing and managing a School Choice Plan, which shall determine the schools to which students may transfer, which students shall have priority in transferring, and all other regulations and procedures for supervising school choice within the school district.
NOTIFICATION
Notification of parents of their school choice options shall be sent as early as possible, but not later than the first day of the school year for the schools that are required to offer choice. If there are no choice options available, this information shall be included in the notification sent parents.
ELIGIBILITY OF STUDENTS
All students in a school required to offer choice shall be eligible to transfer. However, the School Board shall give priority to the lowest achieving students from low-income families, as determined by the School Board.
Ref: 20 U.S.C. 6316 (No Child Left Behind, Section 1116); Louisiana School, District, and State Accountability System, Bulletin 111, Louisiana Department of Education. FILE: IFCB Cf: EDAE, IFCB-AP
FIELD TRIPS AND EXCURSIONS
The Calcasieu Parish School Board recognizes that educational field trips and trips to various types of contests for instructional purposes help provide desirable learning experiences. The Superintendent has the responsibility for the development of administrative criteria governing field trips and excursions. Only those field trips, however, that grow out of the instructional program or are otherwise related to the program are to be permitted on school time. Other trips such as those involving band and athletic activities should be confined to non-school time, except where the school is engaged in competition or a contest that requires use of school time.
Whenever a band or organization is requesting Board approval of an out-of-state trip, a representative of the band or organization shall appear before the Board.
Teachers planning on conducting field trips or out-of-class learning experiences shall submit, through the principal, an application in writing to the Superintendent or his designee for approval. Not more than four (4) field trips should be made by any class during each school year, and those should be distributed throughout the school year. Before any trip or excursion is taken, written parental permission forms shall be secured for every pupil planning to take the trip. Students who have not submitted signed parental permission forms shall not be allowed to make the trip.
Before approval of any field trip is given, it shall be determined whether the trip is covered by the Board's liability insurance. No travel shall be authorized where coverage cannot be secured prior to the trip commencing. Except in extreme cases approved by the principal of the school, private vehicles shall not be used for transporting children on field trips. Only buses, owned by or contracted to the school district, and driven by certified drivers shall be permitted, except as noted above.
The Board does not endorse the use of private vehicles to transport students to and/or from interscholastic activities. However, it recognizes the need for additional transportation at certain times; and the use of private vehicles may be utilized for the transportation of students to interscholastic activities provided that (1) students being thus transported provide the school with liability release forms signed by the students' parents/guardians, (2) all such vehicles are driven by properly licensed adults and (3) the name of the driver, a copy of the driver's license, and proof of insurance coverage are provided the principal prior to the use of the private vehicle.
STUDENT EXCURSIONS
Whenever any student trip or excursion utilizes the services of a travel agent or booking agent to provide or arrange for transportation or lodging, the School Board shall require the travel agent or booking agent to provide proof of adequate insurance and present to the Board a surety bond sufficient to insure recovery of all monetary advances as a result of nonperformance.
The amount of the bond shall be at least equal to any payments made to the travel agent agency or booking agent prior to the date of travel. In addition, any bond issued shall be from a surety company licensed to do business in Louisiana and approved by the Board. A certified check from the travel agency covering the full amount of advanced payment may be accepted by the Board, but only when a bond is not available.
Additional regulations governing field trips or excursions for students that involve travel or lodging may be maintained by the Superintendent and staff.
The principal of a junior high, middle school, or high school shall be prohibited from approving any field trip or extracurricular activity promoted by any individual, organization, or entity which plans, promotes, or organizes travel arrangements, unless the trip or activity is in accordance with all Board and staff established criteria, and is covered by proper insurance and an acceptable surety bond.
Revised: February, 1999 Revised: September, 2004
Ref: La. Rev. Stat. Ann. §§17:81, 17:176.1; Board minutes, 1-19-99.
File: BBBE Cf: DJD
BOARD MEMBER COMPENSATION AND EXPENSES
The Calcasieu Parish School Board shall provide an expense allowance and provide for expense reimbursement for its members in accordance with state law. Board members shall also be authorized to receive reimbursement for mileage going to and from meetings as well as reimbursement for actual travel and related expenses outside the jurisdictional boundaries of the Board while on official School Board business, all in accordance with Board policy. Any action increasing the compensation for Board members shall require a two-thirds vote of the total membership. Before any action is taken, however, the Board shall advertise the time and place where the meeting is to be held to consider the expense allowance in the official journal of the Board on at least two (2) separate days during the fifteen (15) days immediately preceding such meeting.
The President of the Board shall be entitled to receive one additional per diem allowance in his/her capacity as President.
BOARD MEMBER TRAVEL
Board members shall be permitted to attend the National School Boards Association (NSBA) convention, the Louisiana School Boards Association (LSBA) convention, or a meeting whereby the LSBA has requested a member’s appearance. Attendance by Board members at any other meetings involving out-of-state travel shall require Board approval by a two-thirds vote.
Revised: November, 1993 Revised: August, 2003 Revised: January, 2004 Revised: August, 2004
Ref: La. Rev. Stat. Ann. ''17:56, 17:81; Board minutes, 10-14-03.
File: JCDAF Cf: JCED
BULLYING, INTIMIDATION, HARASSMENT, AND HAZING
The Calcasieu Parish School Board is committed to maintaining a safe, orderly, civil and positive learning environment so that no student feels threatened while in school or participating in school-related activities. Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all. Therefore, all statements or actions of a bullying, intimidating, threatening, harassing, hazing, or any other violent nature made on campus, at school-sponsored activities, on school buses, at school bus stops, and en-route from home to the bus stop and from the bus stop home shall not be tolerated. Even if made in a joking manner, these statements or actions threatening other students, school personnel, or school property shall be unacceptable.
All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.
BULLYING, INTIMIDATION, HARASSMENT
Bullying, intimidation and harassment shall mean any intentional gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a student or damaging his/her property or placing a student in reasonable fear of harm to his/her life or person or damage to his/her property and is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student.
HAZING
Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which subjects another student to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a public elementary or secondary school, whether such behavior is planned or occurs on or off school property, including any school bus and school bus stop. Hazing does not mean any adult-directed and school-sanctioned athletic program practice or event or military training program.
Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited. The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.
REPORTING PROCEDURES
Any student who believes he or she has been the victim of bullying, intimidation, threatening behavior, harassment or hazing by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extracurricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts to any appropriate school district official.
Any teacher, administrator, or other school personnel who has or receives notice that a student has or may have been the victim of bullying, intimidation, threatening behavior, harassment, or hazing at school or any school activity shall be required to immediately report the alleged acts to an appropriate school district official.
At the School Building Level
The principal shall be the person responsible at the school level for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Any other school administrator, teacher, or other school personnel who receives a report of bullying, intimidation, threatening behavior, harassment or hazing of a student shall immediately inform the principal, who shall notify the Superintendent or his/her designee.
Other Sites
Building administrators designated by the Superintendent at each administrative, support, or maintenance site shall be responsible for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Upon receipt of a report, the building administrator shall immediately notify the Superintendent or his/her designee.
FORMAL PROCEDURES FOR HANDLING COMPLAINTS
Upon receipt of a complaint of bullying, the school principal or his/her designee will: STEP 1) Within three (3) school days: thoroughly investigate the complaint; apply appropriate disciplinary action; and provide notice of the disposition of the complaint and appeal process to the involved students and their guardians.
STEP 2) In the event any party is not satisfied with the disposition of the complaint at Step 1, that party may appeal to the appropriated Assistant Superintendent/ Administrative Director. The appeal shall be in writing on the designated appeal form and delivered to the appropriate Assistant Superintendent/Administrative Director within five (5) school days following notice of disposition.
STEP 3) The Assistant Superintendent/Administrative Director shall within ten (10) school days, investigate and meet with the concerned parties. Disposition shall be made no later than five (5) school days following conclusion of the investigation.
Notice of the disposition shall be furnished to the appropriate parties.
STEP 4) In the event the concerned parties are not satisfied with the disposition of the appeal at Step 3, they may appeal in writing within five (5) school days to the Superintendent. Within ten (10) school days of receipt of the appeal, the Superintendent or his/her designee shall conduct a review and provide a written disposition to the appropriate parties.
STEP 5) In the event the parties concerned are not satisfied with the disposition of the appeal at Step 4, or if no disposition has been made in Step 4, the concerned parties may appeal to the Calcasieu Parish School Board within five (5) school days. The appeal shall be in writing and shall request that the Superintendent place the concern on the agenda of the next regularly scheduled Board meeting.
All reports received shall be properly and adequately investigated. DISCIPLINARY ACTION
The school district shall take appropriate action in response to a report following an investigation of any alleged bullying, intimidation, threatening behavior, harassment, or hazing of a student. When the report determines that the alleged act or conduct appears to be in violation of this policy, disciplinary action shall be taken as outlined in the Student Code of Conduct. The principal/designee shall contact the parent, tutor, or legal guardian of the pupil being disciplined for alleged misconduct to notify them of the disciplinary action.
Whenever the act or conduct determined to be a violation of this policy may also constitute a violation of state or federal criminal statute, the appropriate law enforcement officer shall be promptly notified.
Appeal
The parent of a student disciplined for violation of this policy may appeal to the Superintendent or his/her designee no later than five (5) days after being notified of the disciplinary action. The Superintendent or his/her designee shall review all documentation regarding the incident, and if determined to be necessary by the Superintendent or designee, conduct a hearing on the matter. The results of the review or hearing shall be sent to the parents or legal guardian within three (3) school days. The decision of the Superintendent shall be final, except for a student expulsion, which may be appealed to the School Board in accordance with statutory provisions.
DISSEMINATION OF POLICY
This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel.
The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students. Revised: July, 2004 Ref: La. Rev. Stat. Ann. ''17:183, 17:416, 17:416.13; Board minutes, 8-5-03.
FILE: CN Cf: DIE, GAK, JR
ADMINISTRATIVE RECORDS
School district records are public records and are available for inspection by any person at reasonable times during working hours. However, certain school documents, such as pupil school health records, pupil report cards, supervisory reports on teachers, budget worksheets, and personnel folders are in the category of privileged information and are not public records. Access to or release of privileged information such as pupil or personnel records, shall be governed by appropriate regulations and procedures.
Official records of the school district shall not leave the school or district premises except for official school business. Copies of school district records may be requested at any time. The School Board shall require any person making the request to reimburse the School Board for the actual fees and costs incurred prior to providing any document, record, or item, unless the person is exempted from providing reimbursement. Duplication of records classified as privileged information shall not be permitted.
Any person may request in writing, a time to see such public records at a mutual, agreeable time with the office of the Superintendent and such time and place will be mutually stipulated during normal working hours. Any request to view records shall clearly state the specific records desired.
Notwithstanding any other provisions of law or rules or regulations to the contrary, the School Board, upon majority vote of the total Board membership, shall have the right to examine any or all records of the school system.
EMPLOYEES' SOCIAL SECURITY NUMBERS Except as required by applicable law, regulation, or policy of the Louisiana Board of Elementary and Secondary Education (BESE), the School Board shall not use the social security number of a teacher or school employee as a means of identification for such teacher or employee. The teacher or employee shall not be required to include or provide his/her social security number on any form or other written document unless:
1. A social security number is required by any applicable law, regulation or policy of BESE; or
2. The form or written document is required for employment, retirement, application for leave or an individualized education plan.
The School Board or any school official or employee shall not provide access to any form or document on which the social security number of a teacher or school employee appears to any person other than the following:
1. Any official or employee of the school at which the teacher or school employee works, the School Board, or the Louisiana Department of Education, when such access is necessary for the performance of the duties and responsibilities of the official or employee.
2. Any person authorized to have such access by the teacher or school employee.
PRESERVATION OF RECORDS
All persons and public bodies having custody or control of any public record, other than permanent records required by existing law to be kept for all time, shall exercise diligence and care in preserving the public record for the period or periods of time specified for such public records in formal records retention schedules developed and approved by the state archivist and director of the division of archives, records management, and history of the Department of State. In all instances in which a formal retention schedule has not been executed, such public records shall be preserved and maintained for a period of at least three (3) years from the date on which the public record was made. However, when copies of an original record exist, the original alone shall be kept; when only duplicate copies of a record exist, only one copy of the duplicate copies shall be required to be kept. When an appropriate form of the microphotographic process has been utilized to record, file, and otherwise preserve such public records, with microforms produced in compliance with statutory provisions, the microforms shall be deemed originals in themselves, and disposition of original documents which have been microphotographically preserved and of duplicates and other copies thereof shall proceed in accordance with state law.
All existing records or records hereafter accumulated by the Board, which participates in federal programs or receive federal grants, may be destroyed after three (3) years from the date on which the records were made in those cases where this provision is not superseded by guidelines for the operative federal program or grant requiring longer retention periods for the records in question; provided that these records shall not be destroyed in any case where litigation with reference thereto is pending, or until the appropriate state or federal audits have been conducted.
Revised: October, 2001 Revised: September, 2004
Ref: La. Rev. Stat. Ann. ''13:5112.1, 17:81, 17:93, 17:196, 17:230, 17:232, 17:415, 17:440, 44:1, 44:4, 44:31, 44:32, 44:36; Board minutes, 5-7-02.
FILE: GBRHA
SABBATICAL LEAVE
The Calcasieu Parish School Board shall grant sabbatical leave for the purpose of professional or cultural improvement or for medical leave to all teaching personnel in accordance with statutory provisions. Teaching personnel shall include any person employed by the Board who holds a valid teaching certificate issued by the State Board of Elementary and Secondary Education and any social worker, guidance counselor, or school psychologist employed by the Board who holds, as applicable, a valid professional ancillary certificate in school social work, guidance counseling, or school psychology issued by the State Department of Education.
MEDICAL SABBATICAL LEAVE
A teacher may make application for medical sabbatical leave, which shall be accompanied by a statement from a licensed physician certifying that the leave is medically necessary.
If the Board, upon review of the application, questions the validity or accuracy of the certification, the Board may require the applicant, as a condition for continued consideration of the application, to be examined by a licensed physician selected by the Board. In such a case, the Board shall pay all costs of the examination and any tests determined to be necessary. If the physician selected by the Board finds a medical necessity, the leave application shall be granted.
If the physician selected by the Board disagrees with the certification of the physician selected by the applicant, then the Board may require the applicant, as a condition for continued consideration of the application, to be examined by a third licensed appropriate physician whose name appears next in the rotation of physicians on a list established by the local medical society for such purpose and maintained by the School Board. All costs of an examination and any required tests by a third physician shall be paid by the Board. The opinion of the third physician shall decide the issue.
The opinion of all physicians consulted shall be submitted to the Board in the form of a sworn statement. All information contained in any statement from a physician shall be confidential and shall not be subject to the public records law.
SABBATICAL LEAVE FOR PROFESSIONAL OR CULTURAL IMPROVEMENT
Every person on sabbatical leave for the purpose of professional or cultural improvement, shall during each semester of leave, pursue a program of study, earning at least nine (9) undergraduate credit hours, provided such hours directly improve the person's skills and knowledge as a teacher, or six (6) graduate credit hours, or be certified as a full‑time student at an institution of higher learning accredited by the respective State Board of Education or territorial board in which such institution is located. If less than fifteen (15) weeks is spent as specified above, the number of weeks less than fifteen (15) shall be spent in either of the two (2) alternatives specified below:
(1) Pursue a program of independent study, research, authorship or investigation which involves an approximately equivalent amount of work and which is approved by the Board.
(2) Engage in travel which is so planned as to be of definite educational value and which has been approved by the Board.
ELIGIBILITY
Sabbatical leave may be granted on the ratio of two (2) semesters for twelve (12) or more consecutive semesters of active service within the employ of this Board or one (1) semester for six (6) or more consecutive semesters of such service.
At no time may more than five percent (5%) of the total number of teachers employed in a school system be on leave. Selection of employees among those who qualify for sabbatical leave must be based on years of continuous service and other criteria as specified by statute.
PROCEDURE FOR APPLICATION
A. Application for sabbatical leave shall be made on a form provided by the Superintendent of Schools. Applications shall be sent to the Superintendent by registered mail at least sixty (60) days preceding the beginning of the semester of the scholastic year for which leave is requested, with the following exception; if a teacher or other professional employee has become sick during a semester and requests medical sabbatical leave, it shall be sufficient to mail said application to the Superintendent thirty (30) days prior to the date upon which the requested leave is to commence.
The Superintendent shall inform the teacher of the approval or denial of sabbatical leave at least thirty (30) days preceding the beginning of the semester of the school year for which the leave is requested, except that, where a teacher has become sick during a semester and has requested medical sabbatical leave, the Superintendent shall inform the teacher of approval or denial of such leave as soon as possible after receipt of his/her request for leave. B. Whenever in accordance with statutory provisions some of the applications cannot be granted, from among those which would otherwise be granted, those to be granted shall be determined in the following manner:
(1) Preference in every case shall be given to the applicant who has rendered active service in the school system for the greatest number of consecutive semesters immediately preceding the period for which leave is requested.
(2) Where any two (2) applicants rank equally in point of continuous service, preference in every case shall be given to the applicant who has rendered service in the school system for the greater total number of semesters.
(3) Where any two (2) applicants rank equally in both point of continuous service and in point of total service, preference in every case shall be given to the applicant whose date of birth is earlier.
(4) In cases where all factors are equal, the tie shall be broken by the drawing of lots in the presence of the employees.
C. Applicants whose applications are filed in the first thirty (30) days of the semester shall be given a preference over those who seek sabbatical leave under the special provision relating to sickness during a school semester.
D. Every application for sabbatical leave shall specify all of the following:
(1) The period for which leave is requested;
(2) Whether leave is requested for the purpose of professional or cultural improvement, or for the purpose of medical leave;
(3) The precise manner, in so far as possible, in which such leave, if granted, shall be spent;
(4) The semesters spent in active service in the school system from which leave is requested; and
(5) The date of birth of the applicant.
The application shall contain a statement, over the signature of the applicant that he/she shall agree to comply with all sabbatical leave provisions.
COMPENSATION
A teacher granted sabbatical leave shall be paid compensation at the rate of sixty-five percent (65%) of the person's salary at the time the sabbatical leave begins. A teacher on sabbatical leave with pay must continue his/her retirement contribution. Time spent on such leave is considered as active service for retirement purposes.
CONDITIONS OF SABBATICAL
A. Each person granted sabbatical leave, as a condition of the sabbatical leave, shall prohibited from being employed during the sabbatical leave by any public or private elementary or secondary school in Louisiana or any other state.
B. Every person on medical sabbatical leave shall be prohibited from undertaking any gainful employment during such leave unless all of the following conditions are met:
(1) The teacher can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that he/she has been working for not less than one hundred and twenty (120) days prior to the beginning of such leave.
(2) The doctor certifying the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the leave is granted.
(3) The Board authorizes such part-time work.
Violation of the part-time work provisions shall result in the medical sabbatical leave being rescinded.
C. Each person granted sabbatical leave shall sign an agreement or contract as specified with the Board stipulating that, as a condition of sabbatical leave and in order to be eligible for compensation during such leave, he or she will return to service for one (1) semester for each semester of leave upon completion of the sabbatical leave. Said service shall ordinarily be performed in this School District. No person who, upon the expiration of his/her sabbatical leave, immediately begins employment with a state-operated educational agency, city, parish, or other local school board, department, school, college or university instead of returning to the school system which granted him/her such leave, shall be required to forfeit that portion of compensation paid to him/her by the State while he/she was on such leave. However, such person shall be required to reimburse the school system any salary paid to him/her by the Board while he/she was on leave, unless the Board opts to exercise the waiver provision as explained herein.
As per statutory requirement, any employee taking sabbatical leave who fails to return to service in this District upon expiration of the leave as specified above for any reason other than incapacitating illness as certified by two (2) physicians, shall forfeit all salary compensation received during the leave period. The Board shall have the authority to waive this requirement in accordance with its pre-published criteria, as noted below, if it deems such to be in the best interest of the School District, provided that such a waiver shall not be of a discriminatory nature against any employee or applicant because of his or her job description, age, race, or sex.
D. An employee on professional sabbatical leave shall observe the above stipulations concerning graduate or undergraduate credit hours to be earned and/or alternatives such as productive research or travel. The Superintendent shall have the authority to require written reports of work done and work to be done at any time during the period of leave, and shall apprise the Board periodically concerning such reports. In addition, written reports are required within thirty (30) days after the beginning of each semester of leave and within thirty (30) days after the end of leave.
E. Any employee who fails to comply with statutory provisions may have his/her leave terminated by the Superintendent at any time.
F. Every person on sabbatical leave shall notify the Superintendent of his/her intention to return to work not less than thirty (30) days prior to the beginning of the semester in which he/she expects to return.
An employee who has been granted sabbatical leave shall, upon expiration of the leave, be returned to the same position in the same school held at the time of said sabbatical leave was granted unless otherwise agreed to by the individual.
GUIDELINES FOR WAIVING INTENTION TO RETURN TO SERVICE CLAUSE
The return to service provision, as stated in Conditions of Sabbatical, Item C above, may be waived by the Board, after careful review and recommendation of the Superintendent, in any of the following instances:
A. Any person whose spouse is transferred out of the parish (job requirement not anticipated before leave) during the time the teacher is on leave or within one (1) year immediately following the termination of such leave (certification must be provided by spouse's employer).
B. Any person who receives a position to the State Department of Education, to another public school system within the State of Louisiana, or to a state-operated educational agency. In such instances, the person granted sabbatical leave, upon the expiration of leave, shall be permitted to retain that portion of compensation paid by the state while he/she was on leave. However, such person shall be required to reimburse the Board any compensation paid by the Board while on leave.
C. Incapacitating illness, as certified by two (2) physicians.
D. Incapacitating illness of member of immediate family (mother, father, sister, brother, husband, wife, child), as certified by two (2) physicians, wherein employee must remain at home to care for said family member, within one year immediately following termination of the sabbatical.
E. Whenever, in the Board's opinion, such a waiver would be in the best interest of the School District.
Revised: December, 1997 Revised: August, 1999 Revised: August, 2003 Revised: September, 2004
Ref: La. Rev. Stat. Ann. ''11:755, 17:1170 et seq., 17:1187; Board Minutes, 4-19-88, 10-21-97, 10-14-03.
FILE: GBRIB cf: EGAA,GBRI
SICK LEAVE
The Calcasieu Parish School Board shall grant all employees hired for the school year or longer a minimum of ten (10) days absence per year because of personal illness or other emergencies without loss of pay in accordance with the following schedule:
Months Employed Sick Leave Days per Year 9 10 10 11 11 11 12 12
Such leave, when not used, shall be allowed to accumulate to the credit of the employee without limitation. However, upon initial employment, a teacher employed by the Board shall not be allowed any sick leave until he/she reports for duty and actually performs work.
The minimum of ten days of sick leave for an employee shall be based on the employee beginning work at the beginning of the school year. In the case of an employee beginning work in the first month of the school year, ten days sick leave shall be allowed. If an employee begins work in the second month of the school year, nine days of sick leave shall be allowed. If an employee begins work in the third month of the school year, eight days of sick leave shall be allowed; if an employee begins work in the fourth month of the school year, seven days of sick leave shall be allowed; and the number of days of sick leave shall continue to be prorated for an employee who begins work until the eighth month of the school year, when only three days of sick leave shall be allowed. The Superintendent shall be responsible for developing and maintaining pertinent regulations and procedures governing sick leave.
All other employees (10, 11, and 12 month employees) will be given a minimum of 10, 11, or 12 days which will be based on the employee's hire date. If hired after the appropriate starting time, their sick leave will be prorated from a schedule established by the Personnel Department.
An employee who is absent for six (6) or more consecutive days and fails to submit a certificate from a physician certifying the absences shall be docked a full day's pay beginning on the 6th consecutive day of absence and each consecutive day thereafter, until the employee returns to work.
Upon the retirement of any teacher, bus operator, or school employee, or upon the teacher's, bus operator's, or school employee's death prior to retirement, the School Board shall pay the teacher, bus operator, or school employee or his/her heirs or assigns, for any unused sick leave, not to exceed twenty-five (25) days. Such pay shall be at the daily rate of pay paid to the employee at the time of his/her retirement or death.
If an employee is absent from duty under circumstances in which he/she is not entitled t any kind of leave, such employee shall be considered to be in violation of his/her contract, and is not entitled to be paid for the days of unauthorized absence and non-performance of duties.
SICK LEAVE FOR EMERGENCIES
Emergencies for sick leave purposes shall be defined by the Board as:
1. serious illness or disability of immediate family (spouse or children);
2. serious illness or disability of the employee's parents or those to the spouse, brothers and sisters or those of the spouse; or
3. wedding of the employee.
Emergencies not listed shall be considered by the Superintendent.
EXTENDED SICK LEAVE
The Board shall permit each teacher and bus driver to take up to ninety (90) days of extended sick leave in each six-year period of employment which may be used for personal illness or illness of an immediate family member at any time the teacher or bus driver has no remaining regular sick leave balance at the time the extended sick leave is set to begin. Immediate family member means a spouse, parent, or child of the teacher or bus driver.
Unused days during any six-year period of employment shall not cumulate or carry forward into the next six-year period of employment. The balance of days of extended sick leave available shall transfer with the teacher or bus driver from one public school employer to another without loss or restoration of days.
Interruptions of service between periods of employment with a public school employer shall not be included in any calculation of a six-year period. Any employment with any public school employer, regardless of when it occurs, shall be included in any determination of the balance of days of extended sick leave available to the teacher or bus driver.
Any teacher or bus driver on extended sick leave shall be paid sixty-five percent (65%) of the salary paid the teacher or bus driver at the time the extended sick leave begins. Except for extenuating circumstances, a doctor's certificate shall be presented with payroll timesheets upon return to work. All doctor’s certificates shall be submitted to the payroll department by the 15th of the month following the employee’s return to work. Failure to present the doctor’s certificate within fifteen (15) days of the close of the month when the leave was taken will result in 100% salary reduction for days labeled |