G - Personnel
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Note: This manual is currently not being updated online. We are in the process of updating the online manual and will post the updates soon.

 

  

GAAA Equal Opportunity Employment
GAD Professional Development Opportunities
GAE Complaints and Grievances
GAEA Title IX Grievance Procedure
GAEAA Sexual Harassment
GAK Personnel Records
GAK-R Disclosure and Retention of Public Personnel Medical Records
GAMA Employee Tobacco Use
GAMD Drug Free Workplace
GAMEB Drug/Alcohol Testing of Employees Required to Possess Commercial Drivers Licenses
GAMFC Health Examinations
GAMG Dangerous Weapons
GBA Compensation Guides and Contracts
GBBA Qualifications and Duties
GBC Recruitment
GBD Employment
GBD-AP Selection of Administrative and Supervisory Personnel
GBE Assignments
GBG Probation 
GBHA Employee Discipline
GBI Evaluation
GBI-AP Evaluation of Staff Members
GBJ Promotion
GBK Suspension
GBKA Reduction in Staff Personnel
GBL Tenure
GBM Transfer
GBM-AP Transfers
GBN Separation
GBO Resignation
GBQ Retirement
GBR Working Conditions
GBRA Employee Conduct
GBRAA Drug/Alcohol Testing of Employees Required to Possess Commercial Drivers Licenses
GBRB Time Schedules
GBRE Extra Duty
GBRH Professional Leaves and Absences
GBRHA Sabbaticals
GBRIA Personal Business, Leave Without Pay
GBRIB Illness
GBRIC Maternity Leave
GBRID Military
GBRIH Jury Duty
GBRJ Substitute Teachers
GBRK Annual Leave
GCD Support Personnel Employment
GCD-AP Bus Driver Hiring Procedures
GCL Classified and Support Personnel Tenure
GCN Separation of Classified and Support Personnel
GCRD Overtime
GCRJ Substitutes for Support Personnel
GCRJ-AP Assigning of Substitute Bus Drivers

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EQUAL OPPORTUNITY EMPLOYMENT

It is the policy of the Calcasieu Parish School Board that no person in the school district shall, on the basis of age, race, color, creed, handicap, religion, national origin, sex, or similar personal distinction be denied the benefits of, or be subject to discrimination in regard to employment, retention, promotion, transfer, evaluation, or dismissal in any educational program or activity under the jurisdiction of the Board.

The Superintendent and/or his representative shall investigate any and all complaints which may be brought against any individual school in the School District in regard to any alleged discriminatory action for appropriate treatment by the Board.

Ref: U.S. Const. Amend. XIV, §1; 42 U.S.C. §2003-1 to 1017; 20 U.S.C. §1681 et seq.; 29 U.S.C. §621 et seq.; Griggs v. Duke Power Company, 91 S.Ct. 849 (1979); Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1979).

FILE: GAD

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PROFESSIONAL DEVELOPMENT OPPORTUNITIES

The School Board recognizes that a program of professional development and education is important for the constant professional growth and improvement of an employee. Therefore, professional personnel shall be encouraged to keep up with new developments and take part in development opportunities in their academic fields and to cultivate an open mind and an experimental attitude toward current educational practices.

The Board may annually develop a plan for in-service teacher educational programs in conformity with guidelines established by the State Department of Education. The School Board shall utilize the advice of the members of its teaching staff in developing the proposed plans. The educational training to be undertaken shall utilize the services of State Department of Education trained coordinators, who shall be designated by the school system from among its certified employees. The coordinators, once trained, shall be able to provide classroom teachers with information, techniques, and skills to properly respond to required modifications of the classroom environment, as well as respond to inquiries and requests for assistance from classroom teachers.

The Board shall develop and continually monitor a plan to provide in-service training, through the coordinators trained by the State Department of Education, to all classroom teachers in the system who desire to receive such training as well as to make such coordinators available, on a more or less continuous basis, for consultation with classroom teachers who request assistance or information. In-service training programs shall address matters related to all aspects of education in accordance with guidelines established by the State Department of Education.

Revised: November, 1993

Ref: La. Rev. Stat. Ann. §§17:24.1, 17:85; Handbook for School Administrators, Bulletin 741, State Department of Education.

 

FILE: GAE

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COMPLAINTS AND GRIEVANCES

Any employee of the Board shall have the right to appeal the application of policies and administrative decisions affecting him/her. The employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to a personal grievance.

All grievances shall be handled expeditiously, and according to the procedures adopted by the Board, as follow:

  1. Definitions:
  1. A grievance is a claim by an employee or group thereof that he has suffered harm or injury by the interpretation, application or violation of a contract, a school board policy, a law or constitutionally guaranteed rights. The term "grievance" does not include matters for which the method of review is prescribed by law where the school board is without authority to act.
  2. Employees covered by this procedure shall mean permanent employees of the Board.
  3. Immediate Supervisor is that employee possessing administrative authority to direct the activities of the grievant.
  1. Procedure:

Grievances shall be processed as rapidly as possible. The number of days indicated at each level is a maximum, and every effort shall be made to expedite processing the grievance.

Step 1. After informally and thoroughly discussing any grievance with their immediate supervisor, upon reaching no satisfactory resolution of the grievance, an employee shall promptly present the grievance in writing to the immediate supervisor. Such notice shall be presented no later than five (5) working days from the date of discussion with the immediate supervisor. The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance. The employee and the immediate supervisor shall attempt to resolve the grievance. The immediate supervisor shall make a proper disposition of the grievance and shall reply to the employee within five (5) working days following the date of submission. If the grievance is not submitted within the time prescribed, the employee shall be deemed not to have further right with respect to said grievance.

Step 2. In the event the employee wishes to appeal the decision in Step 1 or if no decision has been rendered in the time specified, the appeal must be presented in writing to the next administrative officer of higher rank than the grievant's immediate supervisor. Such appeal shall be presented within five (5) working days of the Step 1 decision. Such appeal shall contain a statement of the grievance and specific references to the action taken causing the grievance. The administrative officer shall schedule a meeting with the employee as promptly as is reasonably possible to attempt to resolve the grievance. Notice of the conference shall be given to all parties involved in an alleged grievance. The administrative officer shall issue a written decision to the grievant within five (5) working days after the conference. Unless the grievance shall be so appealed, it shall be deemed to have been settled and the grievant shall have no further right with respect to said grievance.

Step 3. In the event the grievant wishes to appeal the decision at Step 2, the appeal must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision. A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent. Upon receipt of such a written appeal, the Superintendent or his designee shall schedule a hearing at a specific date and time and send proper notice of the scheduled hearing to the grievant. The Superintendent or designee, at the date and time specified, shall conduct a full hearing on the grievance, and in doing so, maintain a transcript of the proceedings. Following the hearing the Superintendent or designee shall make a written recommendation for disposition of the grievance and provide a copy of the transcript to the School Board at a meeting of the Board.

Step 4. After reviewing the transcript of the grievance hearing and the recommendation of the Superintendent or designee, the Board then shall dispose of the grievance.

  1. Miscellaneous
  1. Meetings - All meetings concerning grievances will take place at reasonable hours. Employees absent from their assigned duties because of such meetings must have the approval of the administration. If a grievance hearing is scheduled during the regular working day, all participants in the investigation and processing of the grievance, including the aggrieved, and witnesses, shall be released from regular duties and shall suffer no loss of pay or other benefits. Reasonable notice of scheduled hearings shall be given to all participants.
  2. Records of Meetings - All documents, communications, and records dealing with a grievance shall be filed separately from, and no notation of such grievance shall appear in, the official personnel file of the aggrieved unless so requested by the aggrieved. All matters pertaining to a grievance shall be treated as confidential material and shall not be considered in decisions regarding assignment, transfer, promotion, or reemployment. Copies of all written decision of grievances shall be sent to all parties involved.
  3. Time Limits - The number of days indicated at each level shall be a maximum. Time limits specified may be extended in any specific instance by mutual agreement of both parties.
  4. Withdrawal - A grievance may be withdrawn at any step and cannot be reopened.
  5. Reprisals - No reprisals of any kind shall be taken by or against any employee in the grievance procedure by reason of such participation. Reprisals shall not be taken against any party of interest in the grievance procedure by reason of such participation.
  6. Appeals of grievance decisions will be limited to the specific issues raised in the original grievance. The parties in interest will not be allowed to expand the issues during the grievance procedure, except to the extent necessary to respond to administrative decisions made along the way.
  7. Failure by the aggrieved person to meet the timelines and requirements of this procedure shall result in dismissal of his grievance. Failure by respondent to meet timelines and requirements of this procedure shall allow the aggrieved person, at his option, to proceed to the next level of appeal.
  8. If the aggrieved person voluntarily or involuntarily leaves the employment of the Board during the course, at any level, of a complaint or grievance, then such aggrieved person loses the right to continue the complaint process.
  9. Termination or disciplinary action against an employee may not form the basis of a complaint or grievance by that employee.
  1. Representation

The person bringing forth the grievance shall have the right to present their own grievance. Grievants have the right to have representation at Steps 2 and 3.

If a person chooses to have representation when presenting their grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least two (2) days prior to the meeting on the grievance.

Revised: December, 1995

Ref: La. Rev. Stat. Ann. §17:100.4; Pickering v. Board of Education, 88 S. Ct. 1731 (1968).

 

FILE: GAEAA*
Cf: GAA, GAE
Cf: GBR, JAA

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SEXUAL HARASSMENT

The School Board recognizes that harassment on the basis of sex is a violation of state and federal law. The Board, therefore, will not tolerate any sexual harassment on the part of any employee towards another employee or a student within the workplace. Conduct in violation of this prohibition shall result in severe disciplinary measures, up to and including dismissal.

Harassment on the basis of sex is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment/education.
  2. Submission to or rejection of such conduct by an individual is used as a basis for employment/education decisions affecting the individual.
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work/education or creating an intimidating, hostile, or offensive working/educational environment.

Incidents of sexual harassment may include verbal harassment such as derogatory comments, jokes, or slurs, or remarks or questions of a sexual nature; physical harassment such as unnecessary or offensive touching; and visual harassment such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks, or gestures. Harassment does not only depend upon the perpetrator's intention, but also upon how the person who is the target perceives the behavior or is affected by it. Individuals who experience sexual harassment from co-workers or others should make it clear that such behavior is offensive to them.

It is recognized that instances occur within the school system involving individuals and personalities and these matters are best handled informally. In the event that an individual believes such instances require a remedy or that there is a basis for a complaint, the individual shall first discuss the issue with the individual's principal or immediate supervisor. Should no resolution occur to the satisfaction of the individual after five (5) days, a formal complaint may be filed.

FORMAL PROCEDURE FOR SEXUAL HARASSMENT COMPLAINTS:

STEP 1 - Employee:

If any employee has concerns or a complaint about the nature of any conduct or physical contact by another employee or the school district, the individual should file a formal written complaint with the Personnel Department or with the Superintendent. The receiving office shall be charged with investigating the complaint and shall attempt to remedy it to the mutual satisfaction of all parties involved. After twenty (20) working days from receipt of the complaint, the investigating office shall indicate its disposition of the complaint in writing and shall furnish copies to all concerned parties.

STEP 1 - Student:

If a student has concerns or a complaint about the nature of any conduct or physical contact by an employee of the Calcasieu Parish School Board, the student should contact either the school administrator or the school counselor. The school administrator will report the alleged incident to the appropriate assistant superintendent and to the Personnel Department. The school administrator and the administrator of the Personnel Department shall be charged with investigating the complaint and shall attempt to remedy it to the mutual satisfaction of all parties involved. After twenty (20) working days from receipt of the complaint, the investigating office shall indicate its disposition of the complaint in writing and shall furnish copies to all concerned parties.

STEP 2 - Employee and/or Student:

In the event any of the concerned parties are not satisfied with the disposition of the complaint at Step 1 or if no disposition has been made, then the concerned party may appeal to the Sexual Harassment Panel. The Sexual Harassment Panel shall include a chairperson, three (3) males and three (3) females selected by the Superintendent.

The Sexual Harassment Panel has seven (7) working days to schedule a hearing. If harassment is found, the panel may exercise one of the following options:

  1. The panel may require an appropriate remedy which seeks to redress the wrong. Non-compliance with the remedy will result in disciplinary action.
  2. The panel may recommend to the Superintendent that documentation be placed in one's evaluation folder, short or long term suspension with or without pay, or dismissal.

The Sexual Harassment Panel shall give written disposition of the complaint within five (5) working days of such hearing and shall furnish copies to the appropriate parties and to the Superintendent.

STEP 3 - Employee and/or Student:

In the event the parties concerned are not satisfied with the disposition of Step 2 or if no disposition has been made within five (5) working days of such meeting, the parties concerned may appeal to the Superintendent. The appeal shall be in writing and set forth the same information as in Step 2. The Superintendent, within thirty (30) days, shall meet with the appropriate parties. Disposition shall be furnished to the appropriate parties.

STEP 4 - Employee and/or Student:

In the event the parties concerned are not satisfied with the disposition of Step 3, the concerned parties may appeal to the Calcasieu Parish School Board. 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. Such written request must include copies of all decisions previously rendered in connection with the complaint.

Administrators and supervisors who become aware of any allegation of possible harassment shall report such allegations to the Superintendent or designee. All reports received shall be properly and adequately investigated. Appropriate disciplinary action shall be taken when violations of this policy have been determined. The Board shall prohibit retaliation against an employee or student for a complaint made or for participating in an investigation of alleged harassment.
Nothing contained in this policy and/or procedure shall restrict or diminish the authority of the Superintendent to suspend any employee in accordance with the policies of the Calcasieu Parish School Board, state law, and applicable statutes.

Revised: June, 1999

Ref: PL 88-352 (42 U.S.C. 2000e et seq.); 29 CFR §1604.11; La. Rev. Stat. Ann. §17:81; Board minutes, 8-4-92.

 

FILE: GAEAB

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AMERICANS WITH DISABILITIES ACT
GRIEVANCE PROCEDURE

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the Calcasieu Parish Public School System.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, shall be made available for persons with disabilities upon request. A complaint form shall be available by calling the ADA Coordinator.

The complaints should be submitted by the grievant and/or his/her designee as soon as possible but no later than sixty (60) calendar days after the alleged violation to:
Assistant Superintendent and ADA Coordinator

Calcasieu Parish Public School System
1724 Kirkman Street
P.O. Box 800
Lake Charles, LA 70602
(337) 491-1648

Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolution. Within fifteen (15) calendar days after the meeting, the ADA Coordinator shall issue a written determination as to the validity of the complaint and a description of the resolution, if any, and, where appropriate, in format accessible to the complainant, such as large print or audio tape.

The complainant may request a reconsideration of the matter where he or she is dissatisfied with the resolution. The request for reconsideration shall be made within fifteen (15) calendar days of the date of the written determination issued by the ADA Coordinator and, in writing or by alternative means, to the Superintendent of Schools.

Within twenty (20) calendar days after receipt of the request for reconsideration, the Superintendent or his designee will issue a written determination concerning the request for reconsideration or in an alternative format, if required. The Superintendent's or designee's written determination is a final resolution of the complaint.

The right of a person to pursue a complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency.

The ADA Coordinator shall maintain the files and records of the Calcasieu Parish School Board relating to complaints filed for at least three (3) years.

Ref: 42 U.S.C. §12101 et seq.; Board minutes 3-1-94.

 

FILE: GAK
Cf: GAK-R

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PERSONNEL RECORDS

The Calcasieu Parish School Board shall require the maintenance of a uniform system of personnel records for all employees. It shall be the responsibility of the Superintendent or designee to keep the records updated and complete in accordance with statutory provisions. A School Board member or any other person authorized pursuant to this policy shall be permitted to examine any and all records of the school system, except school employee records relative to evaluations, observations, formal complaints, and grievances. The Board, however, upon a majority vote of the total Board membership, shall have the right to examine any and all records of the school system, including personnel records.

A personnel file shall be accurately maintained in the central administrative office for each present and former employee. These files shall contain applications for employment, references, and records relative to compensation, payroll deductions, evaluations, and such other matters as may be considered pertinent to the proper maintenance of all personnel records. It is the duty of the employee to furnish the personnel office with certificates, transcripts, statements of degrees, and other educational experience related documentation.

The Superintendent shall be designated as custodian of all personnel files and shall have the overall responsibility for maintaining and preserving the confidentiality of the files. The Superintendent may, however, designate another official to perform the duties of records management on the understanding that this official is to be held responsible for granting or denying access to records on the basis of these guidelines.

GENERAL ACCESS TO AN EMPLOYEE'S PERSONNEL FILE

No school employee shall be denied access to his/her personnel file. The contents of a school employee's personnel file shall not be divulged to third parties without the expressed written consent of the school employee, except when ordered by a court or by subpoena, or in accordance with this policy. No school system employee other than the personnel file custodian or the Superintendent of Schools for the system, or the designee of either, who shall be a school system employee, shall be allowed access to a school employee's personnel file without the school employee's expressed written consent, unless that employee is charged with the duty of supervising that particular school employee's performance. In case a personnel file should be accessed by the Board or anyone else, the employee whose file was so accessed shall receive written notice of the fact and the name and title of the person who was permitted access. All persons permitted access shall maintain the confidentiality of those documents in the file which are not matters of public record.

REQUESTS FOR ACCESS AND INSPECTION

Additions to Personnel File

No complaint, commendation, suggestion, or evaluation may be placed in the evaluation file unless it meets the following requirements:

1. Each document concerning a school employee shall be placed in the employee's personnel file within a reasonable time and no document, except those resulting from routine recordkeeping, shall be placed in a school employee's personnel file by any school system employee, unless and until that school employee is presented with the original document and a copy thereof prior to its filing.

2. Upon receipt of the original document and copy of the same, the school employee shall sign the original document as an acknowledgement of the receipt of the copy of the document. Such signature shall not be construed as an agreement to the contents of the document.

Rebuttal and Response

Each school employee shall be given the opportunity to rebut and to respond to any document placed in his/her personnel file.

1. The rebuttal and response must be in written form and once filed shall be attached to the document to which the response and rebuttal applies, and thus become a permanent part of the school employee's personnel file as long as the document remains a part of the personnel file.

2. No document or copy thereof, to which a response and rebuttal has been filed, shall be used for any purpose whatsoever unless the rebuttal and response or copy thereof is attached to the document or copy sought to be used.

3. A school employee shall have the right to receive proof of any allegations and statements contained in a document placed in his/her file that the school employee believes to be inaccurate, invalid, or misrepresented. If such proof is not presented, the document containing the allegations and statement shall be removed from the school employee's personnel file and destroyed.

Procedure for Filing of Rebuttal and Response

1. Any rebuttal and response to a document placed in a school employee's personnel file shall be filed by the school employee within fifteen (15) school days from the date on which the school employee signs the document acknowledging its receipt.

2. The school employee may be granted an additional ten (10) school days for the filing of the rebuttal and response, provided the school employee requests such an extension in writing addressed to the personnel file custodian within the original fifteen-day period. The personnel file custodian's consent to the ten-day extension of time shall not be unreasonably withheld.

3. The rebuttal and response shall be deemed filed by the delivery of the original and one copy of the rebuttal and response to the personnel file custodian. The personnel file custodian shall then sign and date the original rebuttal and response and file the same into the school employee's personnel file. The personnel file custodian shall also sign and date a copy of the rebuttal and response and return the same to the school employee.

CONFIDENTIAL INFORMATION

Certain items in the personnel records of School Board employees shall be confidential, including:

1. The home telephone number of the employee where such employee has chosen to have a private or unlisted home telephone number because of the nature of his/her occupation with such body.

2. The home telephone number of the employee where such employee has requested that the number be confidential.

3. The home address of the employee where such employee has requested that the address be confidential, except it shall be made available to recognized educational groups.

4. The social security number as contained in the personnel records of an employee of the School Board. However, when the employee's social security number is required to be disclosed pursuant to any other provision of law, including such purposes as child support enforcement, health insurance, retirement reporting, or to officials or employees of the school, School Board, Louisiana Department of Education, or Board of Elementary and Secondary Education, in the performance of duties or responsibilities of the official or employee, the social security number of the employee shall be disclosed pursuant to such provision of law.

The above information shall not be divulged to third parties.

Confidentiality of Employee Group Health/Life Records

As part of successful internal health insurance administration, the Board shall require that employees' health/ life eligibility and claim files be maintained in a confidential and uniform manner.

All eligibility and medical claim records of an employee or his/her dependent and all records of benefit payments to an employee, his/her dependent, or medical provider shall be confidential and privileged, shall not be public records and shall be used exclusively for the purpose of claims processing, eligibility determination or statistical record keeping.

Such confidentiality and privilege shall be strictly maintained by the Risk Manager and all Risk Management employees.
Nothing herein shall prohibit the communication of facts or documents that are part of an employee's claim file to that employee or his representative. When authorized in writing by the employee, such facts and documents contained in the employee's claim file shall be used exclusively for the purpose of claims administration and communication to third parties is strictly prohibited unless written authorization is received from the employee as indicated above.

Nothing herein shall prohibit the communication of facts, documents, or other information which are part of an employee's claim file to the System's health/life insurance carrier.

Nothing herein shall prevent the use of such records for compilation of statistical data wherein the identity, work site, and job classification of the individual are not disclosed.

As a condition of employment, Risk Management Department employees shall be required to indicate by signature, their knowledge of this confidentiality policy and their agreement to abide by same. Violation of this policy will subject the employee to discipline and upon review by the Superintendent, possibly termination. Further that any breach of confidentiality "post" employment may subject that employee to civil and/or criminal proceedings.

DEFINITIONS

Document means any written or otherwise tangible material intended to be or actually used as a part of or any evidence of the work history of any employee including but not limited to any and all reports, comments, reprimands, correspondence, memoranda, evaluations, observations, and grievances relative to a particular employee.

Personnel file means the file in the Personnel Department which contains the cumulative collection of any and all documents maintained by the school system with respect to each individual employee.

Personnel file custodians (file custodians) means those persons employed by the school system charged with the duty of maintaining and preserving the personnel files.

Third party means any person or entity not regularly employed, or employed under a contract by the school system in which the employee is employed.

Revised: November, 1993
Revised: January, 1997
Revised: November, 1999
Revised: October, 2001

Ref: 5 U.S.C.A. '552 (Privacy Act of 1974); La. Rev. Stat. Ann. ''17:81, 17:440, 17:1231 et seq., 44:1, 44:2, 44.4, 44:11, 44:12; Board minutes, 9-5-95, 5-7-02.

 

FILE: GAK-R
Cf: GAK


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DISCLOSURE AND RETENTION OF PUBLIC PERSONNEL
MEDICAL RECORDS

The Calcasieu Parish School Board, as a self-insured health care provider, is required to maintain a uniform system of medical records for all of its employees. Such records shall be considered to be public records, with the exception of information outlined in EXCEPTIONS, as provided by the statutory provisions governing public records and documents. As mandated by the Public Records Act, any person of the age of majority shall have the legal right to inspect, copy or reproduce or obtain a reproduction of any public record.

PURPOSE

  1. The basic purpose of the Public Record Statute is to implement the inherent right to the public to be reasonably informed as to what public records contain and to the manner, basis, and reasons upon which governmental affairs are conducted, while at the same time balancing that right against the necessity for the custodian of the public records to act in the public interest by protecting and preserving public records against unreasonable dangers of loss or damage, or acts detrimental to the integrity of public records.

  2. The purpose of this policy is to provide guidelines for the custodians of public personnel records for the release of information from personnel records and for the retention of such records in conformity with legal requirements. This policy is strictly limited to the disclosure and retention of information contained in personnel records of employees.

APPLICABILITY

This policy shall apply to all documents, records, and information pertaining to employees unless specifically excepted by statute as outlined under exceptions of this policy.

RESPONSIBILITIES

It shall be the responsibility of the custodian to abide by the statutory provisions of the Public Records Act. As defined by the Act, the custodian is the "public official or head of any public body having custody or control of a public record, or a representative specifically authorized by him to respond to requests to inspect any such public records".

In the case of health and medical records through the Board's self-insured health care program, the Board's risk manager shall be designated as the custodian of all documents, records, claim forms, and all other health records of employees and dependents.

EXCEPTIONS

The Public Records Law covers all records unless:

  1. they are specifically excepted by statute or
  2. the disclosure of information contained in the public records is information deemed to be protected by the Louisiana Constitution, Article 1, Section 5, to which the employee has reasonable expectation of privacy. The following items found in personnel records have been deemed confidential and should not be released for examination:
  1. Records Excepted by Statute

Some exceptions to the Public Records Act are:

  1. Medical/health records, claim forms, life insurance applications, requests for payment of benefits and all other health records of an employee and his/her dependents enrolled in the State Employees Group Benefits Program (R.S. 44.12).
  2. All medical records of an employee, all records of payment of compensation to an employee or his dependent and other records which would ascertain the identity of the injured employee or his dependent in a Worker's Compensation action (R.S. 23:1293).
  3. Home address and telephone number of an employee if he/she has requested that the information be confidential.
  1. Some Records Deemed To Be Protected By The Louisiana Constitution
  1. An employee's W-4's, L-4' or other tax withholding forms.
  2. Payroll deductions.
  3. Designated beneficiaries for life insurance and retirement benefits.
  4. Applications for employment for persons who are not appointed to positions in the public service.
  5. Any and all other information of a personal nature which has no bearing on state business.
  6. Any medical records furnished by or to the Board to establish an applicant's or employee's fitness for employment.
  1. There are conditions under which the records listed in Articles A and B above may be released. These conditions are listed below:
  1. The records specified in Articles A and B above may be released to persons other than the affected employee with the written consent of the employee or as required by law or the courts.
  2. Information relating to dependents and beneficiaries of deceased employees. Requests for such information may be required to be in writing.
  3. In all cases, an employee shall have unlimited access to any and all information contained in or pertaining to his/her own health record.

PROCEDURES

  1. Examination of an Employee's Personnel File. Inspection of an employee's personnel file may be accomplished at reasonable times during office hours under the following conditions:
  1. Employee. Employees may examine their files at reasonable times, and upon prior 24 hour notice submitted to the risk manager or designee. This review will take place in the risk management department with a risk management representative present.
  2. Management Staff. Management staff may examine active and separated employee files on a "need to know" basis.
  3. Government Inquiries. The Board generally will cooperate with federal, state and local government agencies investigating an employee if the investigators furnish proper identification and proof of legal authority to investigate. However, the Board may first seek advice of legal counsel. The Board may permit a government investigator to review an employee's file on Board premises, but the investigator will not be allowed to remove or reproduce this information without consent from the Board's attorneys.
  1. REQUESTS FOR ACCESS AND INSPECTION
  1. Requests for public information, preferably should be made in person; however, telephone and written requests may be honored.
  2. The custodian must extend reasonable comfort and facility to persons exercising the right of reviewing records; however, nothing contained herein shall prevent the custodian from protecting the records from alteration or defacement while they are being examined. The custodian or a designee shall accompany the person reviewing an employee's medical record at all times while he/she has the record so as to protect it against removal or alteration of any part of the record.
  3. The custodian should not question the person requesting examination of a public record as to the purpose of the request. The fact that the person may volunteer the purpose does not constitute detailed inquiry by the custodian or by the court into the person's motive.
  4. The custodian shall inquire from persons applying for a public record their age and identification and request that they sign a register.
  5. If any medical file contains information that is not part of the public records, the custodian must separate the nonpublic information before making the record available for examination.
  6. The custodian shall provide copies of public records to persons who request them. A fee for copies may be charged according to the Uniform Fee Schedule adopted by the Board. Copies may be furnished without charge or at a reduced charge to indigent citizens of the state or to persons whose use of such copies is limited to a public purpose, including but not limited to use in a hearing before any governmental regulatory commission.
  7. Should information be requested which the custodian questions as to whether or not it is public, the custodian shall, within three (3) days of receipt of the request for such information, exclusive of Saturdays, Sundays, and legal public holidays, notify the person making such request of his determination and the reasons therefor in writing. A legal opinion may be required in such a determination; therefore, prompt attention to requests is important.
  8. If a medical record is not immediately available because of its active use at that time, the custodian shall certify this in writing to the person and further fix a day and hour within three (3) days, exclusive of Saturdays, Sundays, and legal public holidays, for the exercise of the right granted by law.
  9. Any person who has been denied access to a public record may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages, in the district court for the parish in which the office of the custodian is located. Further details outlining the enforcement and penalties upon violation of the Public Records Act are found in R.S. 44:37.

 

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EMPLOYEE TOBACCO USE

The Calcasieu Parish School Board directs that the use of tobacco products shall be prohibited in all school buildings, on school grounds, school buses and school owned vehicles except in an outside area specifically designated as a smoking area out of the view of students and the public. Such areas shall be clearly marked as smoking areas. Violators may be subject to appropriate disciplinary action by the Board.

Ref: La. Rev. Stat. Ann. '17:240; Board minutes, 6-1-93, 9-17-02.

 

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DRUG FREE WORKPLACE
 

No employee shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act and subsequent regulations.

"Workplace" shall be defined as the site for the performance of work done in connection with any activity under the auspices of the Calcasieu Parish School Board. Such definition includes any school building or other school premises; any school owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off-school property during any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the School Board.

As a condition of employment, each employee shall notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. Also, as a condition of employment, each employee shall abide by the terms of the school district policy respecting a drug-free workplace. An employee who violates the terms of this policy may be non-renewed or his or her employment may be suspended or terminated, at the discretion of the Board.

Sanctions against employees, including nonrenewal, suspension and termination shall be in accordance with provisions of the Calcasieu Parish School Board Policy Manual.

Revised: December, 1992
Revised: June, 1993

Ref: 21 U.S.C. 812; 21 CFR 1300.11 et. seq.; La. Rev. Stat. Ann. ''17:405.1, 40:961 et seq.; Board minutes, 8-1-89, 6-1-93 9-17-02.
 

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DRUG/ALCOHOL TESTING OF EMPLOYEES
REQUIRED TO POSSESS COMMERCIAL DRIVERS LICENSES

The Calcasieu Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace. The School Board recognizes the increased risks and dangers when employees use drugs/alcohol in the workplace. This policy will establish the administrative scope, personnel procedures, employee training, drug testing guidelines, and employee assistance related to achieving a drug free workplace. It is the intent of this policy to comply with current federal statutes, and U. S. Department of Transportation regulations concerning drugs in the workplace and drug testing of employees.

CONTACT PERSON

Questions regarding this policy may be directed to the following individual:

School Board Substance Abuse Program Coordinator
Calcasieu Parish School Board
1724 Kirkman Street
P.O. Box 800
Lake Charles, Louisiana 70602-0800
(318) 491-1600

APPLICATION

This policy shall apply to every person employed by the School Board who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial drivers license requirements of 49 CFR Part 383. The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver.

SAFETY-SENSITIVE FUNCTIONS

"Safety-sensitive function" means any of those on-duty functions set forth in 49 CFR Parts 395.2 "On-Duty time," paragraphs (1) through (7).

"Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.

PROHIBITIONS

Department of Transportation agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine.

The Department of Transportation prohibitions (49 CFR 382 Subpart B) require the following:

Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

Alcohol possession.

No driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. No employer having actual knowledge that a driver possesses unmanifested alcohol may permit the driver to drive or continue to drive a commercial motor vehicle.

On-duty use.

No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

Use following an accident.

No driver required to take a post-accident alcohol test under 49 CFR Section 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Refusal to submit to a required alcohol or controlled substances test.

No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 49 CFR Section 382.303, a random alcohol or controlled substances test required under 49 CFR Section 382.305, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.307, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

Controlled substances use.

(a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.

(b) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.

(c) An employer may require a driver to inform the employer of any therapeutic drug use.

Controlled substances testing.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. No employer having actual knowledge that a driver has tested positive for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

ENFORCEMENT

The School Board reserves the right, in certain circumstances, to require employees to submit to medical or physical examinations or tests. These procedures may be required at any time as condition of employment or continued employment. The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalizer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty. The tests may be announced or unannounced and may be utilized under the following circumstances:

Pre-employment testing.

(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for alcohol and controlled substances. No employer shall allow a driver to perform safety-sensitive functions unless the driver has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04, and has received a controlled substances test result from the medical review officer indicating a verified negative test result. If a pre-employment alcohol test result under this section indicates an alcohol content of 0.02 or greater but less than 0.04, the provisions of 49 CFR Part 382.505 shall apply.

(b) An employer is not required to administer an alcohol test and/or a controlled substances test required by paragraph (a) of this section if the requirements of 49 CFR Part 382.301 (b) and (c) are complied with.

Post-accident testing.

As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver:

(a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

(b) Who receives a citation under State or local law for a moving traffic violation arising from the accident.

Random testing.

Except as provided in paragraphs (b) through (d) of 49 CFR Part 382.305, the minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of driver positions. The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. The employer shall randomly select a sufficient number of drivers for alcohol testing and for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rates indicated above.

Reasonable suspicion testing.

(a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning alcohol, except for 49 CFR Part 382.304. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

(b) An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning controlled substances. The employer's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances.

(c) The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with 49 CFR Part 382.603. The person who makes the determination test reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.

Return-to-duty testing.

(a) Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart B of 49 CFR Part 382 concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.

(b) Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart C of 49 CFR Part 382 concerning controlled substances, the driver shall undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use.

Follow-up testing.

(a) Following a determination under 49 CFR Part 382.605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, each employer shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with the provisions of 49 CFR Part 382.605(c)(2)(ii).

(b) Follow-up alcohol testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

PROCEDURES

Collecting and testing procedures shall conform to all applicable federal guidelines and particularly those as prescribed by the Department of Transportation at 49 CFR Section 382 et al.

Any pre-employment applicants with confirmed positive test results shall be removed from the list of available applicants for job positions.

REQUIREMENT OF SUBMISSION TO ALCOHOL OR CONTROLLED SUBSTANCES TESTS

All employees to whom this policy is applicable are required to submit to alcohol and controlled substances tests administered in accordance with applicable laws.

REFUSAL TO SUBMIT TO TESTING

Refusal to submit to an alcohol or controlled substances test means that a driver:

(1) Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part,

(2) Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part, or

(3) Engages in conduct that clearly obstructs the testing process.

Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by the School Board shall be subject to disciplinary action, up to and including termination of employment. Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.

NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS

The consequences for drivers found to have violated Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or to comply with the provisions of this policy are as follows:

(a) Except as provided in Subpart F of 49 CFR Parts 382, et al, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of 49 CFR Parts 382 et al or an alcohol or controlled substances rule of another Department of Transportation agency.

(b) No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated the above provisions.

No driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605. No employer shall permit a driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605.

The requirements of 49 CFR Section 382.605 include the following:

(a) Each driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall be advised by the employer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.

(b) Each driver who engages in conduct prohibited by Subpart B of 49 CFR Part 382 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.

The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 are as follows:

(a) No driver tested under the provisions of Subpart C of 49 CFR Section 382, et al who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

(b) Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law.

In addition to the above, violations of Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or the failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, changes in job assignments, suspensions from work, and termination.

An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug or alcohol test.

EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES

The Calcasieu Parish School System shall continue to provide all employees drug awareness programs focusing on the following:

(1) The dangers of drug abuse in the workplace;

(2) The specifics of the parish Drug-Free Workplace Policy;

(3) Available treatment centers/hospitals for employees in need.

The costs for services of assessment and/or treatment will be the responsibility of the employee.

Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the workplace. The Law requires the School Board to provide training and continuing education on drug abuse related issues. The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation. The Law also requires that the employee notify his employer of any conviction for drug related offenses within five days of such conviction.


Ref: PL 102-143 (Title V); 49 CFR 40 et seq.; La. Rev. Stat. Ann. ''17:81, 23:1601, 49:1111 et seq.; Board minutes, 12-13-94, 9-17-02.

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HEALTH EXAMINATIONS

The School Board, through the Superintendent, may require an employee to have a medical examination whenever there is evidence the employee's condition warrants such action, or there is concern for safety. Examinations may also be conducted to determine adequacy of job performance or to meet requirements of state or federal laws. All examinations conducted shall conform to all state and federal requirements. The physician shall be designated by the Superintendent, and the cost of the examination shall be paid by the Board. The Board may be entitled to reimbursement from an employee for the costs of such employee's or applicant's pre-employment medical examination or drug test, however, if the employee terminates the employment relationship sooner than ninety (90) working days after the first day of work or never reports to work, unless there is a substantial change made to the employment by the Board.
BUS OPERATOR
Prior to the opening of each school session, each employed school bus operator, regular, substitute, or activity bus operator shall be required to submit to the Superintendent a certificate from a licensed physician on forms furnished by the School Board, stating that the operator has been examined and is free from any ailment, disease, or defect that would adversely affect his/her ability to safely operate a school bus. Such certificate should be submitted within forty-five (45) days prior to the opening of school, and the cost of said examination shall be paid by the Board.


Revised: October, 1997


Ref: 42 USC 12101 et seq.; La. Rev. Stat. Ann. ''17:491, 23:897; Board minutes, 9-17-02.

 

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DANGEROUS WEAPONS

It is unlawful for an employee to intentionally possess a firearm on school property or within 1000 feet of school property, with limited exception, or while on a school bus. The area surrounding the school campus or within 1000 feet of any such school campus, or within a school bus shall be designated firearm-free zones. The Calcasieu Parish School Board, in cooperation with local governmental agencies, and the State Department of Education, shall designate and mark firearm-free zones which surround all schools and school property.
Any employee possessing a firearm, dangerous weapon, or instrument intended or likely to produce great bodily harm, on school property, in his/her vehicle, or at any school-related function, may be subject to disciplinary action, up to and including termination.


Ref: La. Rev. Stat. Ann. ''14:2, 14:95, 14:95.2, 14:95.6, 17:81; Board minutes, 9-17-02.
 

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COMPENSATION GUIDES AND CONTRACTS

CONTRACTS

The Calcasieu Parish School Board and its professional employees, with approval by the Board, shall enter into contracts of employment for a specified period of time and compensation, with exceptions as determined by the Board. Unless otherwise stipulated at the discretion of the Board, all employees shall meet all stated position qualifications and/or certification requirements before any contract shall become valid. Renewal or issuance, when possible, of contracts of employment, as well as dismissal or nonrenewal of contract notices, with the exception of performance contracts, shall be issued on or before the last day of each school year, whenever possible.

The execution of an employee contract by the Board and employee shall be legally binding upon both parties. Regular permanent teachers who have gained tenure may not be required to sign a written contract each scholastic year, but shall be required to sign such employment contracts at intervals determined by the Board. The failure of a non-tenured teacher to sign a contract for the ensuing school session within the specified time, when required, shall be considered as voluntary termination of employment on the part of the teacher, unless under extenuating circumstances, an extension is granted by the Superintendent. Any subsequent resignation or termination of said contract for reasons other than extreme emergencies, as determined by the Board, shall constitute a breach of contract against which legal action may be taken by the Board and the employee dealt with accordingly. The Board shall empower the Superintendent to receive, finalize, and accept all resignations of school employees. However, the Superintendent at the next available meeting shall report said resignations to the Board.

The Superintendent shall sign each teacher contract.

Performance Contracts

Administrative and supervisory personnel in positions that require certification shall be hired under the terms of a performance contract of not less than two (2) nor more than four (4) years, except when such employment is for a temporary position. The Board shall make the final decision regarding the length of any such performance contract. Termination or nonrenewal of any performance contract shall require notice of such to the employee of not less than 120 days prior to the termination of the contract.

COMPENSATION

Salary Schedules

The salaries of all personnel shall be established by the Board upon a recommendation of the Superintendent. The salaries of all personnel are generally based upon an established salary schedule; provided, however, that salaries may be stated in and controlled by an employment contract. Creditable service for salary determination purposes shall be all service for which employees are eligible to receive credit in accordance with statutory provisions. Salary schedules shall be adopted by the School Board, upon the recommendation of the Superintendent, and may be changed at the discretion of the Board from year to year to make salary adjustments as a result of changing revenue and state laws.
The amount of the annual salary paid to any teacher in any school year shall not be reduced below the amount of such salary paid during the previous school year, nor shall the amount of the annual salary paid to any teacher be reduced at any time during an academic year. The limitations on the reduction in the amount of the annual salary paid to any teacher shall not be applicable to the correction of any accounting errors or to a reduction necessitated by the elimination of a state program or state funding. Any salary reduction shall not apply to any local salary supplement funded, in whole or in part, from a revenue source requiring voter approval, when such voter approval has not been obtained.

Ordinarily, no teacher shall be placed on the payroll of the school district unless the teacher holds a valid certificate as required by law, and a copy of the teacher's contract has been filed with the Superintendent. Exceptions shall be made only when teachers with valid certification are not available for employment, subject to Board approval.

Salary Supplements

The Board, at its discretion, may allow salary supplements to certain instructional personnel who assume special duties. Such supplements shall be reviewed and adopted upon the recommendation of the Superintendent.

Experience Credit

Any teacher holding a valid Louisiana teaching certificate in the public school system of Louisiana who has transferred to Louisiana from a public school system of another state and who, at the time of such transfer, held a valid teacher's certificate from that state, shall be given full credit under the state minimum salary schedule for the years of satisfactory teaching service previously rendered in the public school system of that state. Credit for previous teaching experience shall also be granted to anyone employed by the Board who holds a valid Louisiana teaching certificate and is employed or has been employed by another public school system in the state.

Advanced Degree

When a teacher is awarded an advanced degree or receives additional training that would result in an increase in salary, said teacher shall be paid according to the salary schedule for the advanced degree or training beginning with the next school payroll period following notification of receipt of the advanced degree, or of training. It shall be the responsibility of the employee to assure proper notification is given to the Superintendent or designee.

RETIREES

The salary of any retiree who is reemployed as a full-time teacher shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience. The status of any retiree who is reemployed shall be the same as a full-time active employee, subject to all applicable rules, procedures, policies, and statutes that apply to all such full-time active employees.

Revised: June, 1991
Revised: December, 1992
Revised: October, 2001

Ref: La. Rev. Stat. Ann. ''11:710, 17:81; 17:83, 17:84, 17:84.01, 17:419 et seq., 17:413, 17:444; Harrah Independent School District v. Martin, 99 S.Ct. 1062 (1979); Board minutes, 10-16-90, 2-5-91, 4-9-91, 4-20-93, 9-5-95, 5-7-02.

 

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QUALIFICATIONS AND DUTIES

The Board requires that each teacher hold not less than a bachelor's degree from a regionally accredited college or university to be eligible for employment. Each teacher, including administrative personnel, shall be required to hold a current and valid teacher's certificate issued by the Louisiana State Board of Elementary and Secondary Education demonstrating proficiency in meeting all requirements necessary to obtain such a certificate. Other professional personnel shall be required to meet those qualifications necessary for the position assigned as may be determined by the Board.

As part of their work assignment, teachers, as well as other employees, shall perform duties as necessary to maintain the safety and welfare of students. They shall at all times perform these duties in a reasonably prudent manner. Teachers may also be required to attend or conduct such other functions or activities of their respective school as deemed appropriate by the principal within the guidelines of their job description and their job responsibilities.

Ref: La. Rev. Stat. Ann. §§17:413, 17:414, 17:441; Harrah Independent School District v. Martin, 99 S.Ct. 1062 (1979).

 

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RECRUITMENT

The Calcasieu Parish School Board recognizes that an outstanding educational program in any school system is dependent upon the employment and retention of the best qualified personnel. The Board feels that this can best be accomplished by giving careful consideration to qualifications and by providing attractive salary schedules, good working conditions, and adequate facilities.

The Superintendent or his/her designee shall be responsible for the maintenance of a plan for actively recruiting qualified personnel for employment by the school district. Advertisements for all positions shall be published except when an emergency is declared by the Board, in which case the advertisement period may be altered or waived.

APPLICATIONS

Applications submitted for positions within the jurisdiction of the School Board shall be maintained on active status for a period of one (1) year from the date of receipt by the personnel department. Each individual seeking employment shall complete and submit the appropriate application designed for the position sought, and an employee seeking reassignment or promotion shall file the appropriate documents in a timely manner for each position sought.

Ref: La. Rev. Stat. Ann. §§17:24.2, 17:83.

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EMPLOYMENT OF PERSONNEL

The Calcasieu Parish School Board and its administrative staff believes that it has an obligation to provide the children attending its schools with the very best personnel available regardless of race, color, creed, sex, age, national origin or any similar personal characteristic or affiliation with any teacher union or association.

The Superintendent or his/her designee shall be responsible for establishing and maintaining appropriate procedures for reviewing and evaluating any and all applicants for selection, including administrative and supervisory personnel, and assuring adherence to applicable state and federal legal requirements. Selection of personnel to fill all positions shall be made on a non-discriminatory basis with selection procedures and evaluative criteria known to all applicants. Applicants should not resort to the use of political, social, or other pressures to gain employment or promotion.

The School Board shall select teachers and all other personnel from recommendations made by the Superintendent. It shall be the responsibility of the Superintendent to ensure that all persons recommended have proper certification where applicable, and are qualified for the position. Nothing shall prevent the School Board from rejecting the recommendation made by the Superintendent and requiring the Superintendent to submit additional recommendations.

The Superintendent shall be required to consult with the principal regarding any recommendations made by the Superintendent for hiring or placement of any teacher or other certified personnel at the school in which the principal is employed. In addition, the Superintendent shall be required to consult with teachers regarding any recommendations made by the Superintendent for the hiring or placement of a principal at the school in which such teachers are employed.

The School Board shall require all teaching personnel employed by the district to possess those qualifications set forth by the State Board of Elementary and Secondary Education and by all applicable accrediting agencies. The Board also recognizes that these qualifications, as well as qualifications for all positions, are set up to promote minimum standards. Therefore, it shall be the policy of the Board to employ persons who exceed these minimum requirements, whenever possible.

CRIMINAL HISTORY OF APPLICANTS

The School Board shall require, in accordance with state law, certain applicants for employment with the School Board to submit necessary information regarding their backgrounds. A prospective employee that may be employed in a position having responsibility for the care, control, supervision and/or discipline of minor children shall be required to provide authorization for the disclosure of any information regarding past criminal activities.

A standard applicant fingerprint card and a disclosure authorization form shall be provided the applicant by the School Board or may be obtained from local police authorities. It shall be the responsibility of the applicant to have his/her fingerprints taken by a qualified individual and submitted to the proper authorities for processing. Any cost associated with fingerprinting or the disclosure of background information on an applicant shall not be the responsibility of the applicant.

(1) No person who has been convicted of or has plead nolo contendere to crimes outlined in state law shall be hired as a teacher, substitute teacher or other professional employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children unless approved in writing by a district judge and the district attorney with jurisdiction in this parish. This statement of approval shall be kept on file at all times at the location wherein the employee is assigned and shall be produced upon request by any law enforcement officer.

(2) Every such prospective employee shall be subjected to fingerprinting and each person's fingerprints shall be submitted to the proper authorities for a criminal history review.

(3) A person who has submitted his/her fingerprints may be temporarily hired pending the results of the inquiry.

(4) Any permanent teacher who has supervisory or disciplinary authority over school children upon the final conviction of such teacher of any crimes enumerated, or who has plead nolo contendere, may be dismissed following a hearing held in accordance with statutory provision.

(5) Any other school employee having supervisory or disciplinary authority over school children if such employee is convicted of or pleads nolo contendere to enumerated crimes may be dismissed.

(6) The Board may reemploy a teacher or other school employee who has been convicted of enumerated crimes, only upon written approval of a district judge and the district attorney who has jurisdiction in this parish, or upon written documentation from the court in which the conviction occurred stating that the conviction had been reversed, set aside, or vacated.

Revised: December, 1992 Revised: October, 2001
Revised: June, 1998

Ref: La. Rev. Stat. Ann. ''11:710, 15:587, 15:587.1, 17:15, 17:81, 23:897; Board minutes, 5-7-02.

 

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ASSIGNMENT

POSITIONS ASSIGNMENT

The School Board authorizes the Superintendent to assign all teachers, professionals, and other employees of the Board to their respective position and/or school upon employment. It is the desire of the Board that personnel be assigned on the basis of their qualifications and the needs of the school district.

CLASS ASSIGNMENT

The principal shall be responsible for assigning teachers to classes within their respective school. Except in extenuating circumstances, the principal shall notify teachers of their anticipated assignment for the following school year prior to the opening of school. Teachers who wish to request reassignment for the subsequent school year may do so provided such request is submitted prior to the close of the school year. Principals shall give every consideration to teacher requests for assignment to a particular grade level and/or subject area for which a teacher is certified and qualified.

A teacher shall be notified by the principal of any change in assignment as soon as possible.

 

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PROBATION

The School Board shall require, in accordance with statutory requirements, each teacher to serve a probationary term of three (3) years to be reckoned from the date of his/her first appointment as an employee of the school district. During the probationary term, the Board may dismiss or discharge a probationary teacher upon the written recommendation of the Superintendent, accompanied by valid reasons for the dismissal.

Any teacher found unsatisfactory by the Board, at the expiration of the said probationary term, shall be notified in writing by registered or certified mail, return receipt requested, by the Board that he/she has been discharged or dismissed; in the absence of such notification, such probationary teacher shall automatically become a regular and permanent teacher in the employ of the School Board after having successfully served the three year probationary term.

Ref: La. Rev. Stat. Ann. §17:442.

 

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EMPLOYEE DISCIPLINE

The Board, in accordance with state law, shall provide for an investigation of an employee, in cases where the Board has made a public announcement that an employee may be disciplined, whether or not there is an accompanying reduction in pay. Not later than thirty (30) days after the conclusion of the investigation and prior to any Board action to implement such disciplinary action, the employee may appear, if he so determines, before the School Board in open session and be given a reasonable time, as determined by the Board, to comment on the investigation and any actions taken or proposed to be taken involving the employee.

These provisions shall not be applicable to any reduction in force initiated by the Board.

Ref: La. Rev. Stat. Ann. §17:81.8.

 

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EVALUATION OF PERSONNEL

The School Board believes the quality of teaching and learning is directly related to the performance of personnel who work in the school district. The Board, therefore, shall strive to attract, retain, and promote the most highly qualified personnel available for any and all positions of employment in the district. In turn, it is the policy of the Board to appraise the performance of all personnel in its employ in order to help each individual improve his/her effectiveness, and to estimate individual potential.

The Superintendent and his/her staff shall have the responsibility for developing, monitoring, and maintaining an effective and efficient personnel evaluation program in accordance with guidelines as developed by the Department of Education and adopted by the Board of Elementary and Secondary Education. In doing so, the Board emphasizes that evaluations shall be conducted in a professional and cooperative manner and shall be diagnostic rather than judgmental. The assessment and evaluation process shall result in the assessment of the strengths and weaknesses of the individual and the selection of the necessary steps which will be taken to help the individual continue to grow professionally.

The process for all observations, evaluations, teacher conferences, and related functions shall be conducted in accordance with state requirements, as well as regulations and other criteria enumerated in the district's guidelines for Teacher Assessment and School Personnel Evaluation.
Every effort shall be made by the school system to communicate to position holders the general goals of the system, the specific objectives of the position, the plans which have been made to support the individual as he/she performs his/her role, the standards of performance the system has established, the criteria it will employ in assessing performance, the information it will gather to make the appraisal, and the basis of the appraisal. Copies of the assessment and evaluation results and any documentation related thereto of any school employee retained by the School Board shall be confidential and shall not constitute a public record.

A grievance hearing may be requested and conducted regarding any result or actions which resulted from the implementation of the assessment and/or evaluation, and shall assure the employee of proper due process.

Revised: October, 1994

Ref: La. Rev. Stat. Ann. §§17:3881 et seq.

 

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PROMOTION

The Board shall consider and determine all promotions of employees based upon the recommendations of the Superintendent. All employees considered for promotion must possess the appropriate certification issued by the State Department of Education for said position.

Whenever a teacher is promoted by the Board from a position of lower salary to one of higher salary, the Board and employee shall enter into a written contract of employment for a term of not less than two (2) years, except when such employment is for a temporary position, nor more than four (4) years, as stipulated by the contract. The Superintendent shall provide the Board with a list of those employees whose performance contracts are to be considered for renewal no later than the last School Board meeting in July. The Superintendent shall recommend to the Board no later than 120 days prior to the expiration date indicated on the appointee's contract renewal or non-renewal of these performance contracts.

Any teacher thus promoted and who enters into an employment contract as stated above, shall not gain permanent tenured status in the position to which promoted. If tenured prior to promotion, then the teacher shall retain such permanent status previously acquired. If the teacher is serving a probationary term upon promotion, the probationary period shall continue to run and the teacher shall acquire tenured status at the end of successfully serving the probationary period.

Revised: February, 1991
Revised: October, 1991

Ref: La. Rev. Stat. Ann. §§17:81, 17:444; Board minutes, 9-17-91.

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SUSPENSION

The Board may suspend any person in its employment when the Superintendent has reason to believe that cause exists for such suspension when the interests of the school district so dictate.

The Superintendent shall have the authority to temporarily suspend school personnel when, in his opinion, the circumstances necessitate immediate action. The salary of a suspended teacher may cease as of the date the Board sustains the suspension. If sufficient grounds for termination or suspension are subsequently not found, the teacher shall be reinstated without loss of compensation.

Upon suspension of an employee by the Superintendent, the Superintendent shall notify the Board of his action and shall refer the matter to the Board for consideration of appropriate action.

Ref: La. Rev. Stat. Ann. §§17:81, 17:443; Frazier v. East Baton Rouge Parish School Board, App. 1961, 128 So.2d 250.

 

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REDUCTION IN STAFF PERSONNEL

The Board shall have the authority to make, and shall make, provisions for a reduction in the number of employees of the school district, which may be made for reasons of program elimination, declining enrollment, insufficient funds, or other valid reasons as approved by the Board.

All reductions of employees shall be in accordance with requirements contained in state statutes and Board policy. Normal attrition, voluntary retirements, and voluntary leaves of absence shall be considered prior to any staff reduction. All possible alternatives to the layoffs of employees shall be explored and used prior to implementation of the Reduction in Force policy.

The Board shall reserve the right to exempt certain positions which carry non-teaching assignments that are vital to the successful operation of the system's programs and which could not logically be satisfactorily filled by others available to assume such specific responsibilities.

GENERAL REQUIREMENTS

  1. Any situation dealing with reduction in force which is not resolved by the Reduction in Force policy shall be addressed by the Superintendent, subject to Board approval.
  2. All personnel should be aware that the Reduction in Force policy is not intended to extend employment rights.
  3. A teacher receiving supplementary pay from the Board to conduct extra or co-curricular activities in the schools shall be excluded from a reduction in force unless recommended for inclusion in the reduction by the principal and appropriate supervisory personnel, with subsequent approval granted by the Superintendent.
  4. When removal, reassignment, or termination is between employees with the same length of continuous employment, then the following criteria in the order listed may be used to determine the person affected:
  1. The employee with the lesser degree on his/her certificate shall be affected. (MA + 30 will be treated as a degree.)
  2. The signing date of the original contract beginning the continuous employment shall be used to determine which employee shall be affected. The person whose signing date is more recent shall be affected.
  3. The younger of the employees shall be affected as determined from the birth dates on the retirement enrollment application.
  1. The district shall be cognizant of protected minorities during a reduction in force.
  1. Since a specified racial percentage method for removal and reassignment on a school or department basis may be counter productive, then the job classification/s noted within shall be considered to form a group of employees in order to judge whether an adverse impact on racial ratio would occur during the reduction.
  2. When legally permitted, the methods to reduce the number of employees from a group noted herein shall be based upon least continuous service for teachers and bus drivers and, an administrative decision for other personnel; however, if the removal of the person designated would adversely affect the racial ratio suggested by the court, then a person of another race shall be removed. This provision shall be conditional upon proper clarification, where applicable.
  1. Since enrollment in a school is seldom stable within and between grade levels and/or subject assignment areas, then personnel shall be assigned to the school pursuant to the approved school schedule; however, the principal shall make the actual assignment within certification or other guidelines.
  2. If an employee has been adversely affected by a reduction in force, then the benefits of accrued sick leave, accrued annual leave, continuous service eligibility, and other benefits may be restored if the person has been previously terminated and subsequently reemployed or continued if the employee has been assigned to a lower rank.
  3. If an employee's assignment is equally divided between two (2) assignment area groups, then appropriate supervisory personnel shall render a decision relative to the employee's assignment area. Further, if an employee's assignment is equally divided between two (2) school classifications, the supervisory personnel involved shall render a decision relative to school classification.
  4. Employees adversely affected by a reduction in force shall be considered for reemployment or reassignment for a period of one (1) year from the date of termination or reassignment.

Teachers shall be grouped by school classification and subject assignment area, hereafter stated as assignment area, in order to reduce the number employed as follows:

  1. Elementary school grades K-5 including ECIA Labs shall form an assignment area group.
  2. Each instructional program funded in the regular elementary school budget, except grades K-5 and ECIA Labs, shall form a separate subject assignment area group.
  3. Each subject assignment area funded in the middle schools shall form a separate assignment area group in grades 6-8.
  4. Each subject assignment area funded in the secondary schools shall form a separate assignment area group in grades 9-12.
  5. Each exceptionality assignment area of special education shall form a separate assignment area group.

The difference in the number of current staff and the number of positions approved and funded in the regular program for the ensuing session shall be the number of deletions to be made. Employees affected within an assignment area by the deletion of positions shall be determined using the criteria noted in the order listed on a least continuous service basis as follows:

  1. Personnel assigned to leave positions who do not meet Louisiana certification requirements
  2. Personnel assigned to regular positions who do not meet Louisiana certification requirements
  3. Personnel assigned to leave positions who meet Louisiana certification requirements
  4. Personnel assigned to permanent positions who meet Louisiana certification requirements

Teachers shall be removed at the school level using the criteria delineated above, based on the number of approved positions at each school by assignment areas. Additionally, the least continuous service provision shall be used provided that each element of the schedule shall be assigned to a person who is certified. If the need develops to remove a person other than the person with the least continuous service, then the person with the least continuous service who does not meet certification requirements of the schedule shall be removed.

REASSIGNMENT OF TEACHERS UNDER CONTRACT

A teacher under contract for the ensuing school session that has been displaced as the result of a reduction in force shall be placed on a seniority basis.

When possible, a tenured teacher who has been displaced due to a reduction in force may be given an option to select, from the assignment area in which the displaced teacher has been working, a vacant teaching position or a teaching position occupied by a non-tenured teacher. Such an option shall be conditioned upon the displaced tenured teacher having earned certification for the position being selected.

If a tenured teacher has been displaced from an assignment area and all teachers remaining in that assignment area are tenured, then the displaced tenured teachers shall be placed in another assignment area where vacant positions exist or in positions where non-tenured teachers have been working.

REASSIGNMENT OF PROBATIONARY OR TEMPORARY TEACHERS

A probationary or temporary teacher that has been removed from an assignment due to a reduction in force may be considered for placement on a seniority basis as vacancies occur in the subject assignment area from which the teacher has been removed or other assignment areas as deemed appropriate, provided that certification has been earned for the vacancy and that the teacher's performance has been evaluated and considered satisfactory.

A probationary teacher not certified in that subject assignment area from which removal occurred or whose evaluation is not satisfactory may be considered for reassignment on equal terms with other persons making a new application.

CRITERIA FOR SPECIFIC EMPLOYEE CLASSIFICATIONS

Tenurable Certificated Employees Except Teachers, Supervisors, and Administrators

  1. If it becomes necessary to reduce tenurable-certificated employees except teachers, supervisors and administrators, then the employee with the least continuous service shall be removed.
  2. An employee removed shall be considered for reassignment or reemployment as provided by the legal provisions governing tenurable employees.

Employees Affected:

  1. Tenurable pupil appraisal staff members
  2. Consulting teachers
  3. Technical assistants
  4. School based speech therapists
  5. Resource strategists
  6. Resource specialists
  7. Special education consulting teachers

Non-Tenurable Technical Support Personnel

  1. If a department is closed, then all non-tenurable technical support personnel in the department shall be terminated.
  2. If the non-tenurable technical support staff personnel to be reduced are within a single department, then the non-tenurable technical support employee to be terminated shall be determined by the department head.
  3. All non-tenurable technical support personnel who have been terminated shall be considered for vacant non-tenurable technical support positions in the system based upon seniority. The reemployment of a non-tenurable technical support employee shall be subject to the approval of the appropriate supervisor.

Non-Tenurable Technical Support Personnel Affected:

  1. Chief Financial Officer
  2. Directors
  3. Supervisors
  4. Buyers
  5. Accountants
  6. Auditors - all types
  7. Pupil Appraisal Staff
  8. Data Processing
  9. Printing
  10. Media and Publications
  11. Machine and Equipment Repair
  12. Consultants
  13. Technical Assistants
  14. Nurses
  15. Coordinators

Bus Attendants

  1. If the number of bus routes with assigned bus attendant positions within a bonding district is reduced, then the bus attendant assigned in the district with the least continuous service in the school district shall be affected. The attendant with the least continuous service shall be moved to a vacant attendant position in the bonding district or shall be terminated if a position in the bonding district is not available.
  2. All bus attendants who have been terminated shall be considered for vacant bus attendant positions. The reemployment of a bus attendant shall require the approval of appropriate supervisory personnel.

Bus Drivers

  1. If the total number of bus drivers in the parish is to be reduced, then the bus driver with the least continuous service in the school system shall be terminated.
  2. All tenured bus drivers who were terminated as a result of the reduction in force shall be reemployed on a seniority basis with approval of the appropriate supervisory personnel as vacant positions become available in the school system.
  3. All non-tenured bus drivers who have been terminated shall be considered for vacant bus driver positions based on seniority. The reemployment of a non-tenured bus driver shall be subject to the approval of appropriate supervisory personnel.

Paraprofessionals

Tutors

  1. If the tutorial staff is to be reduced within a school, then the tutor assigned to the school with the least continuous service in the system shall be displaced from the school. The displaced tutor shall be:
  1. considered for a vacant tutorial position in the system; or
  2. terminated if the tutor possesses the least seniority of all tutors in the system.
  1. All tutors who have been terminated shall be considered for tutorial positions which become vacant based on seniority. The reemployment of a tutor shall be subject to the approval of the principal.

Special Education Aides

  1. If a school is closed, then all special education aides in the school shall be displaced and considered for placement on a seniority basis in other special education positions in the schools within the bonding district where the school was closed.
  2. If the special education aide staff is to be reduced within a school, then the special education aide with the least continuous service in the system shall be displaced from the school. The displaced aide shall be:
  1. placed in a vacant special education aide position in a school in the bonding district where the displacement occurred; or
  2. placed in a special education aide position in a school in the bonding district which is occupied by the special education aide with the least seniority in the system; or
  3. terminated if the special education aide possesses the least seniority of all special education aides in the bonding district.
  1. All special education aides who have been terminated from a school within a bonding district shall be considered for special education aide positions which become available within the bonding district from which the termination occurred.
  2. Special education aides shall be grouped by "like-skill" categories. The description "special education aide" shall be qualified for practical application into groupings as follows:
  1. special education aide for mild mentally retarded, learning disabled, non-categorical preschool, and mild/moderate generic and general fund aides;
  2. special education aide for severe profound mentally retarded, multi-handicapped, orthopedically handicapped, moderate mentally retarded, and severe profound generic;
  3. special education aide for deaf, hard of hearing, deaf-blind, and severe language disorder;
  4. special education aide for blind, partially sighted, and blind deaf;
  5. special education aide for autistic, emotionally disturbed, and behavioral disordered; and
  6. health services.

School Based Food Service Personnel

Managers

  1. If a school is closed, then the cafeteria manager shall be displaced.
  2. If cafeteria manager vacancies exist in the district, then the displaced managers shall be considered on a seniority basis for the positions. The assignment of a displaced cafeteria manager to a school shall require the approval of the principal.
  3. If a cafeteria manager is not reassigned as a manager, then the manager may elect to be considered on a seniority basis for a food service technician's position with other displaced technicians.
  4. If the manager is not reassigned as a technician, then the manager shall be terminated.

Food Service Technicians

  1. If a school is closed, then all technicians in the school shall be displaced and considered for placement on a seniority basis in other technician positions in the system.
  2. If the technician staff is to be reduced within a school, then the technician assigned to the school with the least continuous service in the system shall be displaced from the school. The displaced technician shall be:
  1. placed in a vacant technician position in the system; or
  2. placed in a technician position in the system occupied by the technician with the least seniority in the system; or
  3. terminated if the technician possesses the least seniority of all technicians in the system.
  1. All technicians who have been terminated shall be considered for technician positions which become vacant based on seniority. The reemployment of a technician shall be subject to the approval of the principal.

Custodial Personnel

  1. If a school or facility is closed, then all custodians in the school or facility shall be terminated.
  2. If the custodial staff is to be reduced within a school or facility, then the custodian to be terminated shall be determined by the principal or facility administrator.
  3. All custodians who have been terminated shall be considered for vacant custodial positions in a school or facility based upon seniority. The reemployment of a custodian shall be subject to the approval of the principal or facility administrator.

School Based Clerks and Secretaries

  1. If a school is closed, then all clerks and secretaries in the school shall be terminated.
  2. If clerical and secretarial staff within a school are to be reduced, then the clerk or secretary to be terminated shall be determined by the principal.
  3. All clerks and secretaries who have been terminated shall be considered for vacant clerical and secretarial positions in the school system based upon seniority. The reemployment of a clerk or secretary shall be subject to the approval of the principal or department head.

Central Office Clerical, Secretarial and Office Management Personnel

  1. If a department is closed, then all clerical, secretarial, and office management personnel in the department shall be terminated.
  2. If clerical, secretarial, and office management within a department are to be reduced, then the clerk, secretary, or office manager to be terminated shall be determined by the department head.
  3. All central office clerical, secretarial, and office management personnel who have been terminated shall be considered for vacant clerical, secretarial, and office management positions in the school system on a seniority basis. The reemployment of a clerk, secretary, or office manager shall be subject to the approval of the department head or principal.

Hourly Maintenance, Delivery, and Warehousing Personnel

  1. If a department is closed, then all hourly maintenance, delivery, and warehousing personnel in the department shall be terminated.
  2. If the hourly maintenance, delivery, and warehousing staff within a department are to be reduced, then the hourly maintenance, delivery, or warehousing employee to be terminated shall be determined by the department head.
  3. All hourly maintenance, delivery, and warehousing personnel who have been terminated shall be considered for vacant maintenance, delivery, and warehousing positions in the school system based upon seniority. The reemployment of a maintenance, delivery, or warehousing employee will be subject to the approval of the department head or principal.

Tenurable Administrators and Supervisors

The Board recognizes the many legal provisions which dictate the assignment process for persons employed in the categories listed herein; therefore, if it becomes necessary to reduce the number of employees in the assignment areas listed, then the Board will assign these individuals and maintain their benefits as required by existing law and court interpretations.

Tenurable administrators and supervisors serving by Board appointment include such positions as associate superintendents, assistant superintendents, principals, assistant principals, coordinators, directors, program administrators, supervisors, and assistant supervisors.

RIGHT OF REVIEW

Any employee who has been notified of an action which results in implementation of the reduction in force policy shall have the right to request a review of such action. The request for review must be in writing and must be received by the Assistant Superintendent of Personnel within fifteen (15) days of the employee being notified of the action. Notice of the results of a requested review shall be provided to the employee no later than the fifth day following the written request.

The affected employee shall have the right to pursue the matter of the action which resulted from implementation of the reduction in force policy through the Board's duly adopted grievance procedure. If a request for review was made, then the formal grievance procedure must be initiated within fifteen (15) days from date of receipt of the notice of the results of the review. If no review was requested, then the formal grievance procedure must be initiated within fifteen (15) days of the employee being notified of the action resulting from implementation of the reduction in force policy.

EXCLUSIVENESS AND SAVING PROVISION REGARDING REDUCTION IN FORCE POLICY

The Reduction in Force policy shall be the only procedure that may be used in a reduction in force. Any existing procedure for reconsidering or examining an employee discharge, non-reappointment, or grievance shall not be considered in implementing a reduction in force. Similarly, no personnel action other than a reduction in force may be considered under the Reduction in Force policy.

If any provision of this policy or the application thereof is held invalid, such invalidity shall not affect other provisions of the policy which can be implemented without the invalid provisions and, to this end, the provisions of this policy are hereby declared severable.

Any and all provisions of this policy shall yield to existing state law, whether statutory or not, when held to be in conflict with said law or laws.

Revised: July, 2000

Ref: La. Rev. Stat. Ann. §17:81.4; Board minutes, 10-15-96, 6-6-00.

 

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TENURE

The Board shall grant tenure to teachers who have successfully served a probationary term of three (3) years from the date of their appointment within the school district.

The laws of tenure are applicable to teachers, principals, assistant principals, supervisors and other appropriate personnel. Teachers with extracurricular assignments acquire tenure as teachers but not in their position of the extracurricular assignment. Teachers who have been promoted and have entered into an employment contract with the Board shall not be eligible to acquire tenured status in the position to which promoted but shall retain permanent status in their former position.

Ref: La. Rev. Stat. Ann. §§17:441 to :444.

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TRANSFER

The School Board may transfer any teacher or other employee, including personnel employed as principals and supervisors, when determined to be in the best interest of the district, from one position, school or grade to another by giving written notice to the employee of such intention to transfer. Such transfer shall be without loss of status or violation of contract and shall not be for political or personal reasons. The transfer of any employee shall be made in accordance with applicable state law. No transfers of instructional personnel, however, shall be initiated during the regular school term, except in emergency or promotional instances where transfers are required to preserve quality instruction.

Persons employed by the Board who voluntarily request a transfer to another school or position shall submit such a request to the Superintendent in writing. To be eligible to receive consideration for a requested transfer, the individual shall have satisfactorily completed, as determined by appropriate evaluations, two (2) years in the position prior to the beginning of the new assignment. Requests for transfer for the ensuing school session shall not be considered if submitted after July 15 of each year.

Teachers transferred to a school or position must be certified for the position to which they are transferred. When feasible, transfers shall be based on seniority, with the following considerations:

  1. employees with the greatest number of years of continuous service in Calcasieu Parish.
  2. employees who travel the greatest distance from home when seniority is equal.

Careful consideration shall be given all requests for transfer. If an employee's request for transfer has been denied, then the employee may request a written explanation as to the reasons for denial.

Ref: La. Rev. Stat. Ann. §§17:441 et seq.

 

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SEPARATION OF PROFESSIONAL STAFF MEMBERS

It shall be the policy of the School Board to strive to assist personnel in every way possible to adjust to their positions and to perform their duties satisfactorily. Every reasonable effort shall be made to avoid the necessity of dismissing personnel at any level.

The Board may dismiss any tenured teacher in accordance with state laws and regulations. Such dismissal shall be made only for just and reasonable cause, and only after written and signed charges have been filed with the Board and a hearing held. Any professional who has acquired tenure may be dismissed for incompetence, willful neglect of duty, dishonesty, or other valid reasons provided for by state law.

The Board, if it decides to proceed upon the charges, shall notify the teacher in writing at least 20 days prior to the hearing, stating the charges brought against him, and shall arrange for a hearing to be held in accordance with due process provisions of the law, such hearing to be public or private at the option of the teacher.

During the probationary term of an employee of the school district, the Board may dismiss an employee upon the written recommendation of the Superintendent; said recommendation to include valid reasons for the dismissal.

Any permanent teacher or other school employee having supervisory or disciplinary authority over school children shall be dismissed by the Board, in accordance with statutory provisions, upon final conviction or pleading nolo contendere to certain crimes outlined in state law.

Professional personnel who have entered into employment contracts with the Board may be removed from employment upon being found incompetent, inefficient, or failing to fulfill the terms and performance objectives of his contract during the term of his contract. Notification of termination of an employment contract shall be provided not less than one-hundred twenty (120) days prior to termination. Any person so removed shall be entitled to written charges, notice of hearings, and a fair hearing before the Board. If the person so removed had previously acquired tenure, then upon removal or non-renewal of contract, he shall be returned to his former position or one of equal salary as his former position.

Revised: November, 1985
Revised: December, 1990
Revised: December, 1992

Ref: La. Rev. Stat. Ann. §§15:587.1, 17:15, 17:443, 17:444; Board minutes, 2-19-91, 4-20-93.

 

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RESIGNATION

The School Board shall require employees who wish to terminate their employment with the Calcasieu Parish School Board to submit letters of resignation to the Superintendent or his designee.

The Superintendent or his designee shall accept or reject the letter of resignation and notify the Board at the next regularly scheduled meeting.

Employees resigning from employment with the Board after the end of the school session shall do so as soon as possible. Resignations submitted after August 1 of each year may not be approved, except under extreme conditions, and then only on a date that is acceptable to both parties.

Revised: August, 1999

Ref: La. Rev. Stat. Ann. §17:81; Board minutes, 7-20-99.

 

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RETIREMENT

It shall be the policy of the Board to require notice of retirement of all employees who wish to retire. Such retirement shall become effective at the end of the fiscal year or as may be approved by the Board.

All employees shall be required, as a condition of employment, to become members of the retirement system for which they are eligible. Employees shall also be required to officially inform the Board in writing of their plans to retire.

Ref: La. Rev. Stat. Ann. §§17:425, 17:571 et seq., 17:591, 17:882, 17:891, 17:1231, 42:691.

 

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WORKING CONDITIONS

DRUG FREE WORKPLACE

No employee shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act and subsequent regulations.

"Workplace" shall be defined as the site for the performance of work done in connection with any activity under the auspices of the Calcasieu Parish School Board. Such definition includes any school building or other school premises; any school owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off-school property during any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the School Board.

As a condition of employment, each employee shall notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. Also, as a condition of employment, each employee shall abide by the terms of the school district policy respecting a drug-free workplace. An employee who violates the terms of this policy may be non-renewed or his or her employment may be suspended or terminated, at the discretion of the Board.

Sanctions against employees, including nonrenewal, suspension and termination shall be in accordance with provisions of the Calcasieu Parish School Board Policy Manual.

EMPLOYEE TOBACCO USE

The Board directs that the use of tobacco products shall be prohibited in all school buildings, on school grounds, school buses and school owned vehicles except in an outside area specifically designated as a smoking area out of the view of students and the public. Such areas shall be clearly marked as smoking areas. Violators may be subject to appropriate disciplinary action by the Board.

Revised: December, 1992
Revised: June, 1993

Ref: 21 U.S.C. 812; 21 CFR 1300.11 et. seq.; La. Rev. Stat. Ann. §§17:240, 17:405.1, 40:961 et seq.; Board minutes, 8-1-89, 6-1-93.

 

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HEALTH EXAMINATIONS

The Calcasieu Parish School Board believes the teaching profession occupies a position of public trust involving not only the individual teacher's personal conduct, but also the interaction of the school and the community. Education is most effective when these many relationships operate in a friendly, cooperative, and constructive manner. A teacher's conduct, as well as the conduct of all employees throughout the school district, should meet acceptable standards of the community and show respect for the law and the rights of others.

All employees have the responsibility to be familiar with and abide by the laws of the state, the policies and decisions of the Calcasieu Parish School Board, and the administrative regulations and procedures designed to implement Board policies. Employees shall also comply with the standards of conduct set out in this policy and with any other policies, regulations, procedures, or guidelines that impose duties, requirements, or standards of conduct attendant to their status as School Board employees.

Employees shall be expected to observe at least the following standards of conduct:

! Be courteous to students, one another, and the public and conduct themselves in a professional and ethical manner.

! Recognize and respect the rights and property of students, other employees, and the public.

! Maintain confidentiality of all matters relating to students and other employees.

! Demonstrate dependable attendance and punctuality with regard to assigned activities and work schedules.

! Observe and adhere to all terms of an employee's contract or job description.

! Strive to keep current and knowledgeable about the employee's area of responsibility.

! Refrain from promoting personal attitudes and opinions for matters other than general discussion.

! Refrain from using undue influence to gain, or attempt to gain, promotion, leave, favorable assignments, or other individual benefit or advantage.

! Advocate positive personal behavior on or off campus and attempt to avoid improprieties or the appearance of improprieties.

While the operation of the Calcasieu Parish School Board and its schools is governed by the provisions of this and all other Board policies, regulations, and procedures, as well as procedures of the individual schools, no policy manual can list each and every instance of misconduct that is precluded. Accordingly, employees are cautioned that the appropriateness of certain action or behavior must necessarily be dictated by the nature of the position held by the employee and standards of common sense. By virtue of one's education and experience, an employee knows and understands that certain actions or conducts are unacceptable even in the absence of formal Board policy. For instance, without the need of a specific prohibition or warning, a classroom teacher should be aware of the impropriety of certain practices such as leaving students unattended, using profanity or sexually suggestive language, or bringing a firearm onto campus. Such conduct constitutes both incompetency and willful neglect of duty. Such conduct, as well as violation of any state or federal law or Board policies, regulations, or procedures, or school regulations or procedures, shall result in the imposition of discipline up to and including termination.

Ref: La. Rev. Stat. Ann. '17:81; Sylvester v. Cancienne, 95-0789 (La. App. 1 Cir. 11/9/95), 664 So.2d 1259; Howard v. West Baton Rouge Parish School Board, 2000-3234 (La. 6/29/01), 793 So.2d 153; Board minutes, 9-17-02.

 

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DRUG/ALCOHOL TESTING OF EMPLOYEES
REQUIRED TO POSSESS COMMERCIAL DRIVERS LICENSES

The Calcasieu Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace. The School Board recognizes the increased risks and dangers when employees use drugs/alcohol in the workplace. This policy will establish the administrative scope, personnel procedures, employee training, drug testing guidelines, and employee assistance related to achieving a drug free workplace. It is the intent of this policy to comply with current federal statutes, and U. S. Department of Transportation regulations concerning drugs in the workplace and drug testing of employees.

CONTACT PERSON

Questions regarding this policy may be directed to the following individual:
School Board Substance Abuse Program Coordinator

Calcasieu Parish School Board
1724 Kirkman Street
P.O. Box 800
Lake Charles, Louisiana 70602-0800
(318) 491-1600

APPLICATION

This policy shall apply to every person employed by the School Board who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial drivers license requirements of 49 CFR Part 383. The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver.

SAFETY-SENSITIVE FUNCTIONS

"Safety-sensitive function" means any of those on-duty functions set forth in 49 CFR Parts 395.2 "On-Duty time," paragraphs (1) through (7).

"Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.

PROHIBITIONS

Department of Transportation agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine.

The Department of Transportation prohibitions (49 CFR 382 Subpart B) require the following:

Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

Alcohol possession.

No driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. No employer having actual knowledge that a driver possesses unmanifested alcohol may permit the driver to drive or continue to drive a commercial motor vehicle.

On-duty use.

No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

Use following an accident.

No driver required to take a post-accident alcohol test under 49 CFR Section 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Refusal to submit to a required alcohol or controlled substances test.

No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 49 CFR Section 382.303, a random alcohol or controlled substances test required under 49 CFR Section 382.305, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.307, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

Controlled substances use.

  1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.
  2. No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.
  3. An employer may require a driver to inform the employer of any therapeutic drug use.

Controlled substances testing.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. No employer having actual knowledge that a driver has tested positive for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

ENFORCEMENT

The School Board reserves the right, in certain circumstances, to require employees to submit to medical or physical examinations or tests. These procedures may be required at any time as condition of employment or continued employment. The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalizer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty. The tests may be announced or unannounced and may be utilized under the following circumstances:

Pre-employment testing.

  1. Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for alcohol and controlled substances. No employer shall allow a driver to perform safety-sensitive functions unless the driver has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04, and has received a controlled substances test result from the medical review officer indicating a verified negative test result. If a pre-employment alcohol test result under this section indicates an alcohol content of 0.02 or greater but less than 0.04, the provisions of 49 CFR Part 382.505 shall apply.
  2. An employer is not required to administer an alcohol test and/or a controlled substances test required by paragraph (a) of this section if the requirements of 49 CFR Part 382.301 (b) and (c) are complied with.

Post-accident testing.

As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver:

  1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
  2. Who receives a citation under State or local law for a moving traffic violation arising from the accident.

Random testing.

Except as provided in paragraphs (b) through (d) of 49 CFR Part 382.305, the minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of driver positions. The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. The employer shall randomly select a sufficient number of drivers for alcohol testing and for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rates indicated above.

Reasonable suspicion testing.

  1. An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning alcohol, except for 49 CFR Part 382.304. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.
  2. An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning controlled substances. The employer's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances.
  3. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with 49 CFR Part 382.603. The person who makes the determination test reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.

Return-to-duty testing.

  1. Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart B of 49 CFR Part 382 concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
  2. Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart C of 49 CFR Part 382 concerning controlled substances, the driver shall undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use.

Follow-up testing.

  1. Following a determination under 49 CFR Part 382.605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, each employer shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with the provisions of 49 CFR Part 382.605(c)(2)(ii).
  2. Follow-up alcohol testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

PROCEDURES

Collecting and testing procedures shall conform to all applicable federal guidelines and particularly those as prescribed by the Department of Transportation at 49 CFR Section 382 et al.

Any pre-employment applicants with confirmed positive test results shall be removed from the list of available applicants for job positions.

REQUIREMENT OF SUBMISSION TO ALCOHOL OR CONTROLLED SUBSTANCES TESTS

All employees to whom this policy is applicable are required to submit to alcohol and controlled substances tests administered in accordance with applicable laws.

REFUSAL TO SUBMIT TO TESTING

Refusal to submit to an alcohol or controlled substances test means that a driver:

  1. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part,
  2. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part, or
  3. Engages in conduct that clearly obstructs the testing process.

Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by the School Board shall be subject to disciplinary action, up to and including termination of employment. Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.

NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS

The consequences for drivers found to have violated Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or to comply with the provisions of this policy are as follows:

  1. Except as provided in Subpart F of 49 CFR Parts 382, et al, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of 49 CFR Parts 382 et al or an alcohol or controlled substances rule of another Department of Transportation agency.
  2. No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated the above provisions.

No driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605. No employer shall permit a driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605.

The requirements of 49 CFR Section 382.605 include the following:

  1. Each driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall be advised by the employer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.
  2. Each driver who engages in conduct prohibited by Subpart B of 49 CFR Part 382 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.

The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 are as follows:

  1. No driver tested under the provisions of Subpart C of 49 CFR Section 382, et al who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.
  2. Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law.

In addition to the above, violations of Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or the failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, changes in job assignments, suspensions from work, and termination.

An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug or alcohol test.

EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES

The Calcasieu Parish School System shall continue to provide all employees drug awareness programs focusing on the following:

  1. The dangers of drug abuse in the workplace;
  2. The specifics of the parish Drug-Free Workplace Policy;
  3. Available treatment centers/hospitals for employees in need.

The costs for services of assessment and/or treatment will be the responsibility of the employee.

Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the workplace. The Law requires the School Board to provide training and continuing education on drug abuse related issues. The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation. The Law also requires that the employee notify his employer of any conviction for drug related offenses within five days of such conviction.

Ref: PL 102-143 (Title V); 49 CFR 40 et seq.; La. Rev. Stat. Ann. §§17:81, 23:1601, 49:1111 et seq.; Board minutes, 12-13-94.

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TIME SCHEDULES

TEACHERS AND INSTRUCTIONAL SUPPORT PERSONNEL

Teachers and instructional support personnel assigned to work the school year shall be required to be on duty a minimum of seven (7) hours and forty-five (45) minutes each school day. Principals may permit these personnel to leave early on certain days to compensate for those occasions when employees are required to stay longer than usual because of bus duty, faculty meetings, and other assignments.

All teachers and instructional support personnel shall report for duty at least thirty (30) minutes before the first instructional period begins. They shall record their names in alphabetical order on forms provided, with time of arrival and time of departure. Teachers and instructional support personnel shall not leave the school grounds during the school day without the permission of the principal or facility administrator.

OTHER SCHOOL BOARD PERSONNEL

Principals and facility administrators shall be responsible for developing work schedules for school based personnel other than teachers and instructional support personnel. Such schedules shall be subject to the approval of the Superintendent or his designee.

The regular work schedule for custodial staff members shall be structured to provide for an eight (8) hour day, and the regular work schedule for lunch personnel shall be structured to provide for a seven (7) hour day. Principals and facility administrators shall obtain proper approval if a schedule is developed which deviates from a regular work day.

Additionally, principals and facility administrators are directed to develop a master schedule of regular hours for the custodial staff which includes beginning and ending work times structured to provide maximum maintenance and operation using full-time personnel.

CENTRAL OFFICE CALENDAR AND TIME SCHEDULES

The central office calendar shall be structured to include a Monday through Friday schedule for the fifty-two (52) weeks of each year that provides for two-hundred sixty (260) work days. The calendar shall also indicate holiday schedules as approved by the Board.

Regular central office hours shall be structured to provide for seven (7) hours and forty-five (45) minutes daily, excluding a lunch period. Summer office hours shall be structured to provide for seven (7) hours and fifteen (15) minutes daily, excluding a lunch period.

Teachers, consulting teachers, and instructional support personnel assigned to central office facilities shall follow the regular one-hundred eighty (180) day school calendar or adjustments thereto. If extended employment is provided, then such persons shall be scheduled to work the one-hundred eighty (180) day school calendar plus the additional days of extended employment as assigned.

 

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EXTRA DUTY

The Board recognizes that teachers must be required to perform duties other than classroom teaching. It is recognized that student clubs, school papers, annuals, athletics and supervision of playgrounds, school buses and other activities under the supervision of the school are and should be the responsibility of the principal and his faculty. Principals are therefore required and directed to assign these duties equitably among the various members of their staff. The professional guidance of all student activities in a school is essential to the total growth and development of the pupils of a school.

Ref: La. Rev. Stat. Ann. §17:81.

 

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PROFESSIONAL LEAVES AND ABSENCES

The School Board recognizes the value of attending regional and national educational meetings in order to become better acquainted with the thinking of authoritative educational leaders in the various areas of public school education. Therefore, the Board may grant professional leave to an employee wishing to attend any educationally related conference, meeting, or convention, if such attendance is considered to be in the best interests of the school district.

The Board may pay all or any part of expenses of any personnel whom it may direct to represent it at any such professional or educational meeting or in visitation to another school system.

Employees shall be allowed no more than one out-of-state trip. In all such cases, prior approval for said expenses must be given by the Superintendent.

Application and notification to attend a conference or similar educational meeting shall be made and approved as far in advance of the meeting as possible.

Employees that are officers of state and regional professional organizations may be reimbursed for travel and expenses by the Board, provided such expenses are not paid by the organization. Any request for reimbursement of such expenses shall be submitted to the Superintendent for consideration by the Board.

Revised: February, 1999

Ref: La. Rev. Stat. Ann. §§17:81, 17:1186; Board minutes, 1-19-99.

 

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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 or school psychologist employed by the Board who holds a valid professional auxiliary certificate in school social work or school psychology issued by the State Department of Education.

SABBATICAL MEDICAL LEAVE

A teacher is eligible for sabbatical medical leave if the teacher's regular sick leave balance is twenty-five (25) days or less at the time leave is set to begin. The application 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

  1. 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 sabbatical medical 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 sabbatical medical 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.

  1. 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.
  1. 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.
  2. 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 parish 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

  1. Each person granted sabbatical leave as a condition of the leave shall be prohibited from being employed during the sabbatical leave by any public or private elementary or secondary school in Louisiana or any other state.
  2. Every person on sabbatical medical 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 who certifies 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 sabbatical medical leave being rescinded.

  1. 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 or parish 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.

  1. 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.
  2. Any employee who fails to comply with statutory provisions may have his/her leave terminated by the Superintendent at any time.
  3. 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:

  1. 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).
  2. 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.
  3. Incapacitating illness, as certified by two physicians.
  4. 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.
  5. Whenever, in the Board's opinion, such a waiver would be in the best interest of the school system.

Revised: December, 1997
Revised: August, 1999

Ref: La. Rev. Stat. Ann. §§11:755, 17:1170 et seq.; Board minutes, 4-19-88, 10-21-97.

 

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PERSONAL BUSINESS, LEAVE WITHOUT PAY

PERSONAL BUSINESS

The Board shall grant to teachers, bus drivers, and other employees who do not receive annual leave, two (2) days absence during each school year to be used for such purposes as may be determined by the individual.

These two days shall be used at the employee's discretion, upon submitting proper notice for such leave at least twenty-four (24) hours prior to taking said leave. The two (2) days leave for personal business shall not be cumulative nor payable upon death or retirement. Leave for personal business shall be charged to and deducted from unused current and/or accumulated sick leave as of the date personal leave is taken. Any employee absent for more than two (2) days per year for personal business shall be considered on leave without pay and a full day's salary shall be deducted from their regular pay for each day absent.

If an employee erroneously reports personal business exceeding days allowed and has salary deducted, the employee will be allowed to correct the error with salary restored in the next available pay period. The only method of correction must be generated by the employee on school letterhead with an explanation signed by the employee, principal, and appropriate administrative director. An employee will have fifteen (15) days after the pay period containing the error to submit a correction to the payroll Department.

LEAVE WITHOUT PAY

The Board may grant leave of absence, without pay, to any regularly employed teacher or other employee for periods of time not to exceed one (1) year, based on the recommendation of the Superintendent. Such leave shall be granted by the Board, upon proper request and explanation in writing by the employee, whenever in the discretion of the Board such leave is in the best interest of the school district. Leave without absence pay shall not be granted in order to work in another school system or to be employed full time. Early return from leave without pay shall be approved by the Superintendent.

Any Calcasieu Parish School Board member, employee, or citizen who is aware of possible violations of the leave without pay policies is encouraged to report any and all possible violations to the Personnel Department. The Personnel Department will take the appropriate action.

FAMILY AND MEDICAL LEAVE

The Board shall permit qualified employees to take up to twelve (12) workweeks of unpaid leave in a twelve (12) month period for family and medical reasons. Employees qualifying for family and temporary medical leave shall have been employed by the Board for the previous twelve (12) months prior to the date of the leave to be taken. For the purposes of this policy, the 12 month period shall be the same as the fiscal year, July 1 to June 30. Such unpaid leave may only be taken for the following reasons:

1. For the birth of the employee's child and subsequent care;
2. For the placement of a child with the employee for adoption or foster care;

3. In order to care for the spouse, child or parent of the employee who has a serious health condition; or

4. When the serious health condition of the employee renders the employee unable to work.

BEREAVEMENT LEAVE

Bereavement leave shall be granted to employees in the event of the death of an immediate family member without the absence(s) being charged to either sick leave or annual leave. Such leave shall be administered as follows:

1. The calendar day before the funeral; the calendar day of the funeral; the calendar day after the funeral.

2. Immediate family shall be defined as spouse and children; mother and father or that of the spouse; brothers and sisters and their spouses or that of the spouse; and the employee's grandparents, spouse's grandparents, grandchildren, daughter-in-law, and son-in-law.

The principal or department head shall be responsible for verifying bereavement leave requested.

SCHOOL AND DAY CARE CONFERENCE AND ACTIVITIES LEAVE

An employer may grant any employee of the school system leave from work of up to a total of sixteen (16) hours during any twelve (12) month period to attend, observe, or participate in conferences or classroom activities related to the employee's dependent children for whom he/she is the legal guardian that are conducted at the child's school or day care center, if the conferences or classroom activities cannot reasonably be scheduled during the nonwork hours of the employee. An employee who wishes to request such leave shall provide a reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer.
An employer is not required to pay an employee for any time taken as leave for conferences and school activities. However, an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for any leave taken as provided here.

Revised: October, 1993
Revised: November, 1993
Revised: December, 1997
Revised: June, 2003

Ref: P.L. 103-3, Family and Medical Leave Act; La. Rev. Stat. Ann. ''17:1171, 17:1186, 17:1208, 17:1208.1, 23:1015.2; Board minutes, 4-1-88, 8-1-89, 10-5-93, 10-21-97; 3-11-03.

 

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Cf: EGAA, GBRI

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SICK LEAVE

 

The 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 to 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 extended sick leave.

Gainful Employment Permitted

A teacher or bus driver may undertake additional gainful employment while on extended sick leave, provided all of the following conditions are met:
 

1. The teacher or bus driver can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that the teacher or bus driver has been working for not less than one hundred twenty (120) days prior to the beginning of any period of extended sick leave.

2. The physician who certifies the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the extended sick leave is required.

Any violation of the provisions regarding gainful employment may require the teacher or bus driver to return to the Board all compensation paid during any week of extended sick leave in which the teacher or bus driver worked more than twenty (20) hours and to reimburse the Board all related employment costs attributable to such period as calculated by the Board, without any restoration of leave days.
Application Process

On every occasion when a teacher or bus driver uses extended sick leave, a statement from a licensed physician certifying that the leave is medically necessary for the teacher or bus driver or that the immediate family member's illness is serious and requires the presence of the teacher or bus driver shall be presented prior to extended sick leave being taken, whenever possible.
 

1) If the Board, upon review of the application, questions the validity or accuracy of the certification, the Board may require the teacher, bus driver, or the immediate family member, as a condition for continued extended sick leave, to be examined by a licensed physician selected by the Board.

2) If the Board selected physician disagrees with the original medical certification, then the employer may require the teacher, bus driver, or immediate family member, as a condition for continued extension of sick leave, to be examined by a third licensed physician, whose name appears next in the rotation of physicians on a list established by the local medical society and maintained by the Board. All costs of an examination and any required tests by a third doctor shall be paid by the Board. The opinion of the third physician shall decide the issue.

3) The opinion of all physicians consulted in determining medical necessity of the extended sick leave 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.

The required physician's statement may be presented along with the request for extended sick leave after the teacher's return to service. In such a case, the extended sick leave shall be granted for all days for which extended sick leave is requested, provided the request and required documentation is presented within three (3) days after the teacher returns to service. The School Board, however, reserves the right to question the validity of the medical certification after the three day period.
 

SICK LEAVE FOR ASSAULT OR BATTERY
 

Any employee of the public schools who is injured and disabled while acting in his/her official capacity as a result of an assault or battery by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault and battery. The employee shall be required to provide a certificate from a physician certifying such injury and incapacitation. The sick leave authorized shall be in addition to all other sick leave authorized herein, shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement, or compensated for in any manner except as set forth above.
 

SICK LEAVE FOR PHYSICAL CONTACT WITH A STUDENT
 

Any teacher or school employee, but not a bus operator, who is injured or disabled while acting in his/her official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period of up to ninety (90) days without reduction in pay and without reduction in accrued sick leave days while injured or disabled as a result of rendering such assistance. The teacher or employee shall be required to present a certificate from a physician certifying such injury or disability. The Board may extend the period of sick leave beyond ninety (90) days at its discretion.
 

SICK LEAVE/WORKERS' COMPENSATION

 

Should any teacher become injured or disabled while acting in his or her official capacity, other than by assault, the teacher shall be entitled to appropriate worker's compensation benefits and/or sick leave benefits, at the teacher's option, for the period of time while injured or disabled. Any benefits received, however, shall not exceed the total amount of the regular salary the teacher was receiving at the time of injury or disability. The teacher shall be required to present a certificate from a physician certifying such injury or incapacitation.

 

VESTING OF SICK LEAVE

All sick leave accumulated by a teacher or school employee, but not a bus operator, shall be vested in the teacher or school employee by whom such leave has been accumulated. In the event of the transfer of a teacher or school employee from one school system to another in Louisiana, or upon the return of such teacher or school employee to the same school system within five (5) years or such longer period that may be approved by the Board to which the teacher or school employee returned, regardless of the dates on which the leave was accumulated or the date of transfer or return of the teacher or school employee, such vested leave shall be transferred, returned to, or continued by the Board and shall be retained to the credit of the teacher or school employee.

 

DEFINITIONS

Teacher:

Any person employed by the School Board who holds a valid teaching certificate issued by the Louisiana Department of Education and any social worker or school psychologist employed by the Board who holds a valid professional ancillary certificate in social work or school psychology issued by the Louisiana Department of Education.

Bus Driver:

Any person employed by the School Board who operates a school bus transporting children under the supervision of the School Board.

School Employee:

Any person employed by the School Board who is not a teacher or whose employment does not require the holding of a teacher's certificate or who is not employed as a bus driver.


Revised: December, 1991
Revised: December, 1995
Revised: June, 1999
Revised: August, 1999
Revised: September, 1999
Revised: August, 2001
Revised: September, 2001
Revised: June, 2003


Ref: La. Rev. Stat. Ann. ''17:425, 17:500, 17:500.1, 17:1201, 17:1202, 17:1206, 17:1206.1; Board minutes, 3-17-92, 6-5-01, 3-11-03.

 

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MATERNITY LEAVE

The Board shall grant leaves of absence to an employee for a reasonable time before and after childbirth. The granting of such leaves shall not affect any of the tenure rights or continuous service which the employee may have acquired prior to the leave.

An applicant for maternity leave must select one (1) of four (4) plans denoted below in order to receive maximum maternity leave benefits, and each applicant is encouraged to confer with an appropriate supervisor in order to ensure the selection of the best plan of benefits. Options for taking maternity leave are as follows:

  1. Plan A - The employee shall be absent only during a period of disability and has accrued sick leave in an amount sufficient to cover the entire disability period.
  2. Plan B - The employee shall be absent only during period of disability but will need to use all accrued sick leave plus additional sick leave in accordance with statutory provisions, to cover disability period beyond accrued sick leave available.
  3. Plan C - The employee shall be absent before and/or after period of disability, and subsequently hereby request the use of sick leave during the period of disability to include additional sick leave in accordance with statutory provisions, if necessary, and leave without pay for the absences before and/or after the disability period.
  4. Plan D - The employee shall be on leave without pay for the period of absence.

The leave without pay provision of Plan C or D herein shall be limited to ninety (90) calendar days before and/or after the expected date of delivery as verified by the attending physician.
Maternity leave under Plan A or B shall not affect the accrual of sabbatical leave or tenure provisions to which the employee may be entitled. Maternity leave under Plan C or D shall not cause a loss of benefits accrued prior to the semester or semesters of the leave; however, each semester affected by Plan C or D does not accrue for sabbatical or tenure benefits.

Disability due to pregnancy shall be treated as any other personal illness; therefore, a minimum of four (4) physician's statements are needed to administer the leave effectively and to provide the employee with maximum benefits. Physician statements shall be submitted as follows:

  1. First Statement - should be submitted as an attachment to the application for maternity leave and should verify an expected delivery date.
  2. Second Statement - is due after six (6) consecutive absences and should verify the beginning and ending dates of disability.
  3. Third Statement - is due not later than ten (10) days after the delivery of the child and should verify the ending date of the disability period.
  4. Fourth Statement - is due on or about six (6) weeks after the birth of the child and should verify the date the physician will release the employee due to the disability relating to pregnancy.

Ref: La. Rev. Stat. Ann. §§17:1171, 17:1201, 17:1202, 17:1211, 23:1007.

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MILITARY LEAVE

The Board shall grant military leave to employees of the Board upon proper submission of application for such leave.  Leave with pay for military purposes shall be granted when leave is not to exceed fifteen (15) days in one calendar year.  Leave without pay shall be granted when leave is for more than fifteen (15) days.  All requests for military leave shall be presented to the Board for approval and must be accompanied by proper documents attesting to call to duty.

An employee on extended military leave (longer than fifteen (15) days) may be required to apply for reinstatement of his/her former position within thirty (30) days after end of leave; the employee shall then be reinstated at the salary then in force in the salary schedule.  The Board may transfer the employee to a position of comparable status if, in the opinion of the Board, such action is beneficial to the school system.

Revised:  October, 2000

Ref: La. Rev. Stat. Ann. ''17:1215, 42:394; Board minutes, 4-3-01.

 

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JURY DUTY

The Board shall grant a leave of absence to any regularly employed person of the school system who has been called or subpoenaed to serve jury duty. Such leave shall be granted for the period of time required to serve jury duty without loss of sick, emergency, or personal leave or any other benefit. Jury duty shall not be deemed to interrupt service accumulated toward sabbatical leave.

Anyone serving on jury duty shall receive his regular salary with no loss of compensation he receives as a juror. Said employee shall be responsible for submitting verification of call or subpoena for jury duty. Any employee abusing said leave shall be subject to disciplinary action.

SUBPOENA

Any employee receiving a subpoena from a court of law or other governmental agency shall be granted a leave of absence for the period of time required by such duty. Such leave shall be granted without loss of pay or any other benefits, provided the subpoena has been served to render direct assistance to the Calcasieu Parish School Board or a governmental agency of the state of Louisiana. A copy of the subpoena shall be submitted for verification of the absence.

Ref: La. Rev. Stat. Ann. §§17:81, 17:1210.

 

FILE: GBRJ
Cf: GBD, GCRJ


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SUBSTITUTE TEACHERS

The School Board shall require the compilation of a list of qualified individuals to serve as day-by-day substitute teachers within the school district. The Superintendent or his designee shall prepare the list assuring that all those listed possess appropriate employment criteria, including verification of teachers' qualifications and certification.

Principals or their designated representatives shall call substitute teachers from the approved list in case of absence of a regular teacher. It shall be the responsibility of the principal and the regular teacher to ensure that the substitute teacher has the necessary instructions and materials to teach effectively, including textbooks, lesson plans, class rolls, schedules and an outline of local school procedures.

Retired teachers may be employed as substitute teachers provided that use of retired teachers as substitutes is in accordance with the rules and regulations established by the Teacher's Retirement System of Louisiana and pertinent statutory provisions.

Qualified teachers may also be selected to substitute for teachers who plan to be absent for long periods of time. Provisions shall be made for the hiring of, or contracting with applicable substitute teachers in these instances as developed by the Superintendent and staff.

SUBSTITUTE PAY

Compensation paid to substitutes shall be based upon the degree status of the substitute in accordance with a pay schedule as set by the Board. The salary of substitutes working for more than ten (10) consecutive days in the same assignment shall be paid in accordance with the teacher's salary schedule beginning with the eleventh (11th) day. It shall be incumbent upon the substitute teacher, however, to properly notify the personnel department of such continuous employment.

Substitute employees other than teachers and bus drivers shall not be employed without special approval of the Superintendent or his designee.

Revised: December, 1992
Revised: October, 1997
Revised: June, 1998

Ref: La. Rev. Stat. Ann. §§11:708, 11:791, 17:84, 17:1202, 17:1207, 17:1212, 17:1213.

 

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ANNUAL LEAVE

The School Board shall grant annual leave to twelve (12) month full-time personnel based on the total number of months of previous employment experience in Calcasieu Parish in accordance with the following schedule:

Amount of Previous Employment Experience Rate of Leave Earned Per Month Amount of Leave Earned Per Anniversary Period
Less than 60 months 0.83 of a day 10 days
60 months or more, but ess than 120 months 1.25 days 15 days
120 months or more 1.67 days 20 days

Twelve (12) month employees eligible for annual leave shall earn the leave during the twelve (12) month period preceding the employee's anniversary date on which the leave was earned, unless the Superintendent grants the employee an extension. If initial employment occurred on or prior to November 17, 1981, then the employee's anniversary date shall be July 1. For employees hired after November 17, 1981, the anniversary date shall be the day the employee was hired.

VACATION AND TERMINATION

Employees who have earned annual leave will be eligible to use the leave during the twelve (12) months following the anniversary date on which the leave was earned.

All employees eligible for annual leave must take a minimum of five (5) days of vacation within the twelve (12) month period following the anniversary date on which the leave was earned. The Supervisor of Payroll will monitor this requirement and report any exceptions to the Superintendent immediately.

Annual leave must be used in the twelve (12) months after the anniversary date on which the leave was earned, unless the Superintendent grants the employee an extension. Such extension will not negate the requirement to take a minimum of five (5) days of vacation as previously provided.

Annual leave shall not accumulate from one anniversary period to another. Should an employee leave the employment of the Calcasieu Parish School Board during a year, the employee shall be paid for any unused annual leave to which the employee is entitled. Employees should work with the appropriate supervisor in arranging for annual leave. Administrative personnel shall take into consideration the services to be rendered by the employee when arranging annual leave.

Revised: October, 1991

Ref: La. Rev. Stat. Ann. §17:81; Board minutes, 9-17-91.

 

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Cf: GBD, GCD-AP

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SUPPORT PERSONNEL EMPLOYMENT

The School Board bases its employment and assignment policies on the principle that quality education can best be provided by staffing all positions in the system with the very best personnel available. No person shall be denied employment, reemployment, or advancement, nor shall be evaluated on the basis of sex, marital status, race, handicap, or color, creed, or national origin. Age shall be considered only with respect to minimums set by law.

The Board shall require in accordance with state law, certain applicants requesting employment with the School Board to submit necessary information regarding their backgrounds. A prospective employee that may be employed in a position having supervisory or disciplinary authority over school children may be required to provide authorization for the disclosure of any information regarding past criminal activities.

Applicants shall be selected for classified and support positions based on the following criteria:

  1. when possible and feasible, applicants shall be given an examination to ascertain skill and general knowledge level;
  2. educational preparation;
  3. previous work experience;
  4. evaluations and recommendations provided by employers, associates, and other agencies;
  5. attendance records;
  6. physical health and mental fitness for the position; and
  7. the applicant's exhibited knowledge of skills and related tasks, personality and general appearance, work philosophy, and ability to work cooperatively with others as determined through personal interview by the Personnel Department and/or data collected from other sources.

SUPPORT PERSONNEL

Applicants shall be selected for support positions based on criteria as may be determined by the Board. Unless specifically covered by a written employment contract expressly entered into by the individual employee and the Board, school employees shall be hired on an at-will employment basis. School employee shall mean any employee of the Board that is not required to hold a valid teacher's certificate as a condition of employment or is not a bus driver. All appointments shall be temporary until ability to perform assigned tasks has been determined.

BUS DRIVERS

Whenever a school bus operator is needed to drive a new route or a route vacated by a previous operator, the school bus operator who is tenured and has acquired the greatest seniority shall be offered the opportunity to and may change from driving his route to the vacant route before another operator is selected. If the tenured bus operator with the greatest seniority chooses not to change to the vacant route, the route shall then be offered in order of seniority to a school bus operator who has acquired tenure. If no tenured operator chooses to change to the vacant route, the route shall then be offered to a full-time probationary bus operator.

If no regular bus operator, tenured or probationary, chooses to change to the vacant route, then a substitute bus operator shall be selected for the position from a list of approved substitute school bus operators. If a regular bus operator chooses to change routes, then his vacant route shall be filled using the process outlined above.

Whenever a school bus operator owning his own bus retires, the Board shall first offer the vacated route to any person meeting the requirements of the School Board who is willing to acquire the bus of the retiring operator at full appraised value. This provision shall be applicable only when the bus owned by the retiring operator has been manufactured within a period of five years immediately prior to the operator's retirement and the operator is retiring due to a documented physical disability.

Only if the Board is required, in filling a vacant route pursuant to the above provisions, to bear an increase in the unreimbursed costs for nonpassenger miles over those attributable to the previous operator who vacated the route, may a school system select an operator to fill the vacant route on a different basis than outlined above.

Whenever a vacancy occurs on a route due to death, resignation, retirement, or the expiration of the regular operator's approved leave, or a new route is established, the route shall be filled with a regular school bus operator using the process stated above no later than the following school year unless the route is consolidated or eliminated.

If an operator is on approved leave, his/her route shall not be considered a vacant route. A substitute shall be used to drive a route for an operator on approved leave regardless of the length of time of the approved leave.

BUS DRIVER HIRING PROCEDURE - OPEN POSITION

All tenured and non-tenured drivers will be notified by advertising the open route for fourteen (14) days. After the advertising period has ended, the following procedures will be followed:

STEP 1

  1. If any tenured drivers apply, the route shall be offered in the order of seniority to the tenured driver.
  2. If no tenured drivers apply, the route shall be offered, in order of seniority, to the non-tenured drivers who have applied. If there are no applicants, go to Step 2.

STEP 2

The route shall be offered to the most senior active substitute with an acceptable driving record within the ward of the advertised route.

Seniority will be defined using the date of driver certification.

Active Substitute Driver is defined as any driver who has driven a minimum of thirty-six (36) days in each of the last two school years. In the event the average number of days driven by the substitute driver in any ward is less than thirty-six (36) days, then the average for that ward will be used.

Revised: December, 1990
Revised: December, 1992
Revised: November, 1993
Revised: December, 1995
Revised: October, 1997
Revised: October, 1998

Ref: La. Rev. Stat. Ann. §§15:587, 15:587.1, 17:15, 17:81, 17:84.1, 17:493.1, 17:497.3, 17:500; Board minutes, 7-21-87, 9-6-94, 8-18-98.

 

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CLASSIFIED AND SUPPORT PERSONNEL TENURE

BUS OPERATORS

Tenure shall be granted bus operators in accordance with state law. The law specifies that bus operators shall serve a probationary term of three (3) years reckoned from the date of first employment by the system. Upon absence of notification of dismissal within that time, the employee becomes a permanent employee, with tenure in the system.
No tenure is granted by law to other classified and support employees of the School Board.

Ref: La. Rev. Stat. Ann. §§17:492 et seq.

 

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SEPARATION OF CLASSIFIED AND SUPPORT PERSONNEL

With the exception of lay offs caused by programmatic changes, budget cuts, staff reorganizations, and/or reductions in force, no School Board employee shall be dismissed except upon valid reasons. Any school employee having supervisory or disciplinary authority over school children shall be dismissed by the Board, in accordance with statutory provisions, upon final conviction or pleading nolo contendere of certain crimes outlined in state law.

BUS OPERATORS

Bus operators shall be dismissed in accordance with statutory provisions.

OTHER CLASSIFIED AND SUPPORT EMPLOYEES

Dismissal of non-tenured employees shall be accomplished in accordance with the following procedure:

1. Any employee’s immediate supervisor, who has documented evidence that dismissal is appropriate, shall make a written recommendation to the Superintendent or his/her designee outlining the reasons for the recommendation.

2. The Superintendent or his/her designee shall thereafter conduct a conference with the employee, the employee's immediate supervisor, and if needed, other appropriate personnel. Those recommending the dismissal of the employee shall be asked therein to explain their reasons for such recommendation, and the employee shall be given the opportunity to rebut those reasons and/or to explain his/her position. The conference may be recessed if the Superintendent or his/her designee feels that additional information is needed before a decision can be made.

3. If, after considering the information presented in the conference and any other information considered important that has been reviewed with the employee in question, the Superintendent or his/her designee feels that dismissal is appropriate, then the Superintendent or his/her designee shall make a written recommendation of dismissal to the School Board. The recommendation shall outline the reasons therefor, and a copy of it shall be provided to the employee. Recommendation to the Board shall be presented within thirty (30) days from the date of the Superintendent's recommendation of termination.

4. The School Board shall be asked to act upon the recommended dismissal at the next meeting following receipt of such written recommendation.

As used herein non-tenured employees shall refer to those school employees who do not attain tenure, including, without limitation, janitors/custodians, teachers' aides, clerical employees, maintenance workers, and cafeteria workers.

Revised: December, 1987
Revised: December, 1992
Revised: October, 1996
Revised: June, 2003


Ref: La. Rev. Stat. Ann. ''15:587.1, 17:15, 17:81.5, 17:443, 17:493; Board minutes, 5-21-96, 6-3-03.

 

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OVERTIME

The Fair Labor Standards Act (FLSA) requires enterprises engaged in interstate or foreign commerce and state and local governments compensate eligible employees for overtime worked. All employees are classified as either exempt or non-exempt from FLSA provisions governing overtime compensation. In general, non-exempt employees must be compensated either by being paid for the overtime work or by being given compensatory time at the rate of time and one-half, after forty (40) hours of actual working time. Under FLSA, exempt employees do not have to be compensated for overtime work.

Compensatory time is paid time off the job which is earned and accrued by an eligible employee in lieu of immediate cash payment for overtime hours worked.

However, worked hours refers to actual hours worked during the workweek, excluding vacation, holiday and sick leave. Time not worked, whether or not it is paid off, does not count toward the forty (40) hour threshold used to calculate overtime pay.

Therefore, as a condition of employment and for use of compensatory time in lieu of overtime payment, the Calcasieu Parish School Board shall allow the use of compensatory time off in lieu of payment at a rate of time and a half. The following conditions shall apply:

  1. Compensatory time shall not be allowed to accumulate from year to year.
  2. Compensatory time shall be used within sixty (60) days of being earned or this time will be paid at the next regularly scheduled pay period.
  3. Compensatory time off must be requested twenty-four (24) hours in advance and approved by the Department Head or his/her designee.
  4. The maximum allowable compensatory time off to be used instead of overtime payment will be forty (40) hours per fiscal year.
  5. All other approved time worked in excess of the regular forty (40) hours shall be paid at a rate of one and one-half times the regular hourly rates.

All existing compensatory time, with the approval of the Department Head, must be used or cash payment issued for the time owed.

Ref: 29 U.S.C. Section 207, 29 U.S.C. Section 213, 29 U.S.C. Section 778; Garcia v. San Antonio Metropolitan Transit Authority et al., 105 S.Ct. 1005 (February 1985); La. Rev. Stat. Ann. §§17:84.1; 17:196 et seq., 17:422.5.

 

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SUBSTITUTES FOR SUPPORT PERSONNEL

The Board shall require the maintenance of a list of properly qualified and approved substitute personnel eligible to substitute for support personnel absent from work. Only persons approved by the Board shall be eligible for employment as substitutes. Appropriate judgment as to actual need should be exercised before employment of a substitute for support personnel.

BUS DRIVERS

Any time a substitute bus operator has been driving a route for more than ninety (90) consecutive days, the School Board shall review the circumstances of the regular operator to be certain that the continued use of a substitute operator is warranted and appropriate.

Whenever a vacancy occurs on a route due to death, resignation, retirement, or the expiration of the regular operator's approved leave or a new route is established, the route shall be filled with a regular school bus operator as provided by law no later than the following school year unless the route is consolidated or eliminated. A substitute bus operator may only be used as a temporary measure until a permanent operator can be appointed to a route. A substitute operator may not drive a route for a period that exceeds the end of the school year during which the operator began driving the route. If a regular operator cannot be found to fill the route in accordance with state law, a regular bus operator serving a probationary term in accordance with state law shall be appointed to the vacant route. If an operator is on approved leave, his/her route shall not be considered a vacant route. A substitute shall be used to drive a route for an operator on approved leave regardless of the length of time of the approved leave.

SUBSTITUTE PAY

BUS DRIVERS - A substitute bus driver shall be paid a daily rate as approved by the Board, but in no case less than sixty-five percent (65%) of the daily rate of pay being paid the regular bus driver, to be computed by dividing the annual pay of the regular operator by the number of school days in the regularly scheduled session, exclusive of any compensation or mileage allowance for use of a privately owned bus.

SCHOOL EMPLOYEES - A substitute school employee shall be paid a daily rate as approved by the Board, but in no case more than sixty-five percent (65%) of the daily rate of pay for the beginning level of the salary schedule, corresponding to the classification of the regular school employee.

Revised: November, 1993

Ref: La. Rev. Stat. Ann. §§17:81, 17:500, 17:1207.

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