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.

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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).

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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.

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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.

2. 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.

3. 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.

4. 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.

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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.

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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.

2. 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.

3. 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.

2. 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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Cf: EB

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.

FILE: GAMD
Cf: GAMEB

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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Cf: GBD, GBN
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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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Cf: GBD-AP, GBJ
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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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Cf: GAE, GBI-AP

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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.

FILE: GBJ
Cf: CGB
Cf: GBA, GBL

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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.

FILE: GBK

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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.

FILE: GBKA

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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.

5. 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.

6. 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.
7. 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.
8. 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.
9. 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.