Issued Date:  12/13/12
 
Issued Date:  11/01/95

  
The Warren County School System does not discriminate on the basis of race, sex, color, religion, national origin, age, handicap, or veteran status in provision of educational opportunities or employment opportunities benefits. The Warren County School System does not discriminate on the basis of sex or handicap in its educational programs and activities, pursuant to requirements of Section 504 of the Rehabilitation Act of 1973, Public Law 101-336, respectively. This policy extends to both employment and enrollment in the school system.

Issued Date:  11/01/95

The Board’s goals are:

1. To ensure that the best qualified personnel are recruited and employed to staff the school system;

2. To provide staff compensation, benefits and working environment sufficient to attract and retain qualified employees;

3. To provide an in-service training program for all employees to improve their performance;

4. To conduct an evaluation program that will contribute to the continuous improvement of staff performance; and

5. To ensure that personnel are assigned so that they are utilized as effectively as possible.

Issued Date:  11/01/95

IN-SERVICE EDUCATION

In-service education is a program of planned activities designed to increase the competencies needed by all personnel in the performance of their responsibilities. Competencies are defined as the knowledge, skills, and attitudes which enable personnel to perform their tasks with maximum effectiveness.¹

Professional Employees

 A system-wide in-service committee, composed of membership from a cross-section of other personnel, shall assess system-wide needs, establish priorities, develop objectives, design activities, and evaluate the in-service program.¹

 In-service credit shall not be given during teaching hours, while participating in activities paid by the Board, nor while performing duties which are required as part of teaching assignments. Individuals who miss in-service activities without prior approval of the Director of Schools shall have their last salary payment adjusted to compensate for the day(s) missed.

 Subsequent to the training of Career Ladder personnel, the Tennessee Instructional Model shall be used in in-service activities.

 Support Personnel

The immediate supervisor shall be responsible for providing in-service trainings. Absences to attend meetings relating to the employee’s job description may be granted by the Director of Schools without loss of pay to the employee.

STAFF DEVELOPMENT PROGRAM

The Needs Assistant Survey shall be used for teacher improvement plans and shall be included in professional growth activities for all professional personnel.² The Board shall annually identify Career Level II and III teachers and Career Level II and III principals and supervisors for the purpose of conducting professional staff development programs using TIM modules.

The Board may pay expenses of selected personnel who participate in the training sessions conducted by the State Department of Education.

 The Director of Schools shall involve central office personnel and staff development trainers in developing the system-wide staff development program and schedule and shall recommend it to the Board for approval.

________________________________

Legal References:

1. State Department of Education Guidelines for Planning Approvable In-Service Education Activities, 1983; TCA 49-6-3004 (c) (1)

2. TCA 49-5-5005 (a) (1) (D).

Issued Date:  11/01/95

The Board believes that differences of opinions arising in the course of employment should be resolved as quickly as possible and at the lowest supervisory level.

 In instances of questions by an individual staff member concerning the interpretation of policies and procedures to that staff member, administrative practices within his/her school, and relationships with other employees, the staff member concerned must consult the administrative or supervisory personnel to whom he/she is responsible. If a satisfactory resolution of the problem cannot be reached after ample opportunity for consideration of the matter, the staff member concerned may discuss the matter with the next level of supervision up to and including the Director of Schools.

In instances where an individual staff member feels for personal reasons that he/she cannot discuss a problem with his/her superior, he/she may take the problem directly to the Director of Schools. After review of the case, the Director of Schools shall take action as he/she deems appropriate and within a prompt, reasonable time shall notify all parties concern of his decision. An individual may appeal the Director of School’s decision to the Board.

 The Board will hear only complaints which have been carried through the proper procedure from the point of origin.

Issued Date:  01/24/13

Rescinds:  07/27/00

Issued:  11/01/95

Whenever a complaint about an employee is made to the Board as a whole or a board member as an individual, it will be referred to the school administration for investigation and possible solutions.

 The complainant shall be referred to the building principal where the employee is assigned for discussion.  If after discussion, the complainant still desires to file a formal complaint, he/she/they shall file a signed complaint with the building principal. If the complaint is about the Principal, the initial referral, discussion and/or written complaint shall be filed with the Human Resource Director located at the WCBOE central office.  If the complaint is about the Director, the initial referral, discussion and/or written complaint shall be filed with the Chairman of the School Board.

 Whenever a written complaint is filed, it shall be investigated by either the principal or the Human Resource Director. The employee will be advised of the nature of the complaint and given opportunity for explanation, comment, and presentation of the facts as he/she sees them. After review of the allegations, the employee’s response and other evidence collected during the investigation, the investigator will take appropriate action and inform all parties that the matter has been resolved.

 If, after such procedure is followed, there is still a question or complaint, the matter may be appealed in writing to the next level of review, which shall be either the Director or the Board.  The Director or the Board may affirm the decision of the prior investigator or may further review or investigate the matter.  

 After administrative remedies have been exhausted, a complainant desiring to speak to the Board shall follow the same procedures as outlined in the board policy dealing with public participation at board meetings.

Issued Date:  08/09/01

Staff members shall maintain professional relationships with students at all times and develop wholesome and constructive relationships with them. Staff members shall be expected to regard each student as an individual and to accord each student the rights and respect that is due.

Staff members shall promote a learning environment that encourages fulfillment of each student’s potential in regard to his/her program, consistent with district goals and with optimal opportunities for students. This goal may be reached by adapting instruction to individual needs, by:

1. Insisting on reasonable standards of scholastic accomplishment for all students;

2. Creating a positive atmosphere in and out of the classroom;

3. Extending courtesy and respect to students; and

4. Treating all students with consistent fairness.¹

Staff members shall use good judgment in their relationships with students beyond their work responsibilities and/or outside the school setting and shall avoid excessive informal and social involvement with individual students. Any appearance of impropriety shall be avoided. Sexual relationships between employees and students shall be prohibited.²

_______________________________

Legal References:

1. TEA Code of Ethics of the Education Professional

2. TCA 39-13-506; TCA 39-13-527

Issued Date:  11/01/95

Employees of the Board will not engage in, or have a financial interest in, any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as members of the school staff. This includes, but is not limited to the following:

1. School employees may not purchase for sale to students any goods or equipment or render any service to the school system on a commission basis;¹

2. Employees who have patented or copyrighted any device, publication, or other item will not receive royalties for use of such item in the school system;

3. Employees will not engage in any type of work where the source of information concerning a customer, client, or employee originates from information obtained through the school system;

4. The Board shall make no purchase of supplies, materials, or equipment from a school system employee; and

5. Employees shall not solicit for the purpose of selling instructional supplies, equipment and reference books in a territory that includes the parents of the children of the school in which the employee is assigned.

_____________________________________

Legal Reference:

1. TCA 49-6-2003.

Issued Date:  11/01/95

COMMUNITY ACTIVITIES

Employees have a right to express their views on any issue, but must in each case make clear that the view expressed in not the official view of the Board or school system.

POLITICAL ACTIVITIES

Employees may, on their own time, campaign for or against any candidate or referendum, but they shall not use the classroom or system position for political forum not engage in any political promotion or solicitation during school hours.

Any employee who intends to campaign for an elective public office which infringes upon a contracted agreement shall present a proposed solution to the Board for consideration. The essential element to be determined by the Board is whether the activities proposed by the employee are consistent with his services to the school system and the best interests of education.

Issued Date:  11/01/95

GIFTS

 Employees of the Board shall not accept gifts from students unless the gifts are of token value only.

Individual employees of the Board will refrain from giving gifts to staff members who exercise administrative or supervisory jurisdiction over them, either directly or indirectly. The collection of money for group gifts is discouraged except in special circumstances such as bereavement, serious illness, or for mementos of retirement.

 Employees are prohibited from accepting things of material value from individuals, companies, or organizations doing business with the school system. Exceptions to this policy are the acceptance of minor items which are generally distributed to all by the companies through public relations programs.

SOLICITATIONS

 No organization may solicit funds from employees within the schools. Flyers or other materials related to fund drives shall not be distributed through the schools without the written approval of the Director of School.

 Employees will not be made responsible for the collection of any money or the distribution of any fund drive literature within the schools unless such activity has the Director’s written approval.

Issued Date:  10/26/17

Rescinds:  03/03/15

Issued:  06/24/10

This award is to recognize achievements, hard work, dedication and compassion of Warren County School System employees. We, as the Warren County Board of Education and Director of Schools, want to show our appreciation for all the hard work and selflessness exhibited by so many in the school system. In order to accomplish these goals, the following guidelines are recommended for use in making nominations and selecting recipients.

A recommendation will be sent from a community member via Warren County School’s web application who is making the recommendation for employee of the month. Two awards will be given each month: one for certified employees and one for classified employees. The nomination should consist of reasons why this individual should be selected for the award and signed.

The winners will be posted on WCS-TV Channel 180, via Warren County School’s social media, announced in the newspaper and will receive recognition from the Board Chairman.

The board will select from each category, an “Employee of the Year” at the June meeting and the winners will receive a prize.

Warren County Board of Education

Administrative Offices

2548 Morrison Street

McMinnville, Tennessee 37110

John R. (Bobby) Cox, Ed. S.

 Director of Schools                                                              

Fax: (931) 815-2685

TEACHER/STAFF EMPLOYEE OF THE MONTH RECOMMENDATION FORM

Name of teacher/staff ___________________________________________

School Name____________________________________________________        

Position in school _______________________________________________

Why does this person deserve to be the Employee of the Month (Limit to 150 words)

Issued Date:  09/26/02

Rescinds:  08/26/99

Issued:  11/01/95

The director of schools or his designee(s) shall be authorized to maintain personnel records and to permit inspection of the same, except for matters deemed confidential by law. The following personnel records shall be maintained for all employees as appropriate:

1. Employee applications and contracts;
2. Professional certificates and other documents required by state and    federal  laws and regulations;¹
3. Evaluations;
4. Cumulative information files;² and
5. INS Form I-9.³

The following guidelines shall be followed:

1. Information contained in personnel records shall be limited to job-related matters;
2. The director of schools shall be responsible for notifying all employees of the types of records kept and uses made of such records;
3. Employees shall be granted an opportunity to respond in writing to material placed in records;
4. Employee records are public records, except for matters deemed confidential by law, and shall be open for inspection during regular business hours;⁴
5. In accordance with federal law, the district shall release information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals to parents upon request for any teacher or paraprofessional who is employed by a school receiving Title I funds and who provides instruction to their child at that school.⁵
6. Members of the public may not obtain an employee's unpublished telephone number, bank account information, social security number or driver license information except where driving or operating a vehicle is considered to be a part of the employee's duties, unless release of this information is expressly authorized by the employee.⁶
7. A record of the person inspecting and the date of inspection shall be recorded; and
8. Copies of records may be made under rules determined by the director of schools.⁷

_______________________________________

Legal References:

1. TCA 49-2-301(f)(1)(BB)
2. County Records Manual, Department of Education, CTAS, 1978
3. Immigration Reform and Control Act of 1986
4. TCA 49-2-301(f)(28); TCA 10-7-503—504
5. 20 U.S.C. 6311 § 1111 (6)(A)
6. TCA 10-7-504
7. TCA 10-7-506; TCA 49-2-301(f)(29); TCA 8-5-108

Issued Date:  11/01/95

In fulfilling any citizenship rights and responsibilities, employees shall give proper consideration to the educational welfare of the students and ensure that no conflict exists with their actual duties.

It shall be considered contrary to policy:

For students to be exploited in any way;

1. For there to be any involvement of school personnel during the work day; and

2. For there to be any encroachment on the time of the work day.

ACADEMIC FREEDOM

The Board recognizes the right of a teacher to discuss any social, economic, or political problems as well as the right of a student to explore any field or hold any belief without interference from the teacher.

 Academic freedom within the confines of state law and board policy will be guaranteed to teachers in order to create an atmosphere of freedom in the classroom. This permits students to raise questions dealing with critical issues of the time and produces an environment conducive to the study, investigation, presentation, and interpretation of facts.

 The teacher is responsible for exercising good judgment in selecting issues for discussion and must balance the relative maturity of his/her students and the students’ right to know.

Issued Date:  05/22/14

Rescinds:  09/26/02

Issued:  11/01/95

All uses of tobacco and tobacco products, including smokeless tobacco and electronic cigarettes, are prohibited in all of the school district’s buildings.^1,2  Smoking shall be prohibited in any public seating areas, including but not limited to, bleachers used for sporting events, or public restrooms.³

Students and employees are prohibited from using any tobacco products including smokeless tobacco and e-cigarettes on school property, school buses or at school-sponsored events.

Any fine assessed to the school district as a result of the use of tobacco products on school campuses will be passed on to the offender.

Employees who violate this policy may be subject to discipline, up to and including termination.

___________________________________

Legal References:

1. Section 1042 of the Environmental Tobacco Smoke/Pro-Children Act of 1994

2. TCA 39-17-1604(6)

3. TCA 39-17-1604(10)

Issued Date:  09/28/17

Rescinds:  08/10/00

Original Issued:  08/10/00

No employee shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance, as defined in federal law.¹ Employee possession of drug paraphernalia is also prohibited at work, on school property or at any school related event. “Workplace” shall include any school building or any school premise, any school-owned or any other school-approved vehicle used to transport students to and from school or school activities; and off-school property during any school-sponsored or school-approved activity, event or function.

REASONABLE SUSPICION DRUG TESTING

Trained supervisors have the responsibility to observe and document the cause for reasonable suspicion and when appropriate, refer the matter to the director of schools/designee.  It is not the supervisor’s responsibility to attempt diagnosis.  All information, facts and circumstances leading to and supporting this suspicion, should be included in a written report detailing the basis for the suspicion. After the report is filed, the employee should be notified. 

Any employee may be required to submit to substance screening if the following conditions exist: (list is not exclusive):

1. Observed use, possession or sale of illegal drugs and/or use, possession, sale or abuse of alcohol and/or prescription drugs;

2. Apparent physical state of impairment of motor functions;

3. Marked changes in personal behavior not attributed to other factors;

4. Employee involvement in or contribution to an accident where the use of alcohol or drugs is reasonable suspected or employee involvement in a pattern of repetitive accidents whether or not they involve actual or potential injury; or

5. Violation of criminal statutes involving the use of illegal drugs, alcohol or prescription drugs and/or violations of drug statutes.

TESTING FOR CDL EMPLOYEES

All drivers and applicants for driver positions who are required to hold a Commercial Driver’s License (CDL) to perform their job function must adhere to the requirements of this policy and all procedures relating to this policy.²

The use, possession, sale, purchase or transfer of any controlled substances except medically prescribed drugs on school property, while on school business or while operating school vehicles and equipment is prohibited.  Drinking alcoholic beverages during working hours, four (4) hours before reporting to work or having any measurable amount of alcohol in their system during working hours is prohibited, whether on or off school property.  Working hours include all breaks.  Off-duty use of drugs and alcohol is prohibited to the extent that it affects driver’s attendance or performance and their ability to pass required DOT alcohol and controlled substance tests.  Any violation of this policy is grounds for termination as an employee of the board and possible legal prosecution.

The use of any prescription drug that could affect the central nervous system or one that would impair reaction time shall be reported to the director of schools/director of transportation.  Notice shall be given of non-prescription (over-the-counter) drugs being taken on a regular basis.  The notice shall include the duration of ingestion and possible side effects.

Procedures

The execution and enforcement of this policy will follow set procedures to screen bodily fluids, conduct breath testing, and/or search all employee/applicants for alcohol and drug use, and those employees suspected of violating this policy who are involved in a reportable accident or who are periodically or randomly selected.  The procedures are designed not only to detect violations of this policy, but also to ensure fairness to each employee.  Disciplinary action will be taken as necessary.

Implementation

The director of schools/director of transportation is authorized to implement this policy and procedures for the drug testing program, including a periodic review of the program to address any problems, changes and/or revisions of it, maintenance of all records required by the federal regulations, and determination upon board approval of how the program will be accomplished, whether in-house, contracted or by consortium. 

Any employee who violates the terms of this policy shall be suspended and shall be subject to dismissal and referral for prosecution.

The Director of Schools shall be responsible for disseminating this policy to all school system employees.

___________________________________

Legal References:

1. Subtitle D Drug-Free Workplace Act of 1988

2. 34 CFR § 86.201

Issued Date:  08/13/98
 

Employees shall be provided a work environment free from sexual, racial, ethnic and religious discrimination/harassment. It shall be a violation of this policy for any employee or any student to discriminate against or harass an employee through disparaging conduct or communication that is sexual, racial, ethnic or religious in nature. The following guidelines are set forth to protect employees from discrimination/harassment.

Employee discrimination/harassment will not be tolerated.¹ Discrimination/harassment is defined as conduct, advances, gestures or words either written or spoken of a sexual, racial, ethnic, or religious nature which:

1. Unreasonably interfere with the individual’s work or performance; or

2. Create an intimidating, hostile or offensive work environment; or

3. Imply that submission to such conduct is made an explicit or implicit term of employment;

4. Imply that submission to or rejection of such conduct will be used as a basis for an employment decision affecting the harassed employee.

Alleged victims of sexual, racial, ethnic, and religious discrimination/harassment shall report these incidents immediately.²  This report should be made to the immediate supervisor except when the immediate supervisor is the offending party. If the immediate supervisor is the offending party, the report may be made to the Federal Rights Coordinator or the Director of Schools/designee. Allegations of discrimination/harassment shall be fully investigated (as set forth in Complaints and Grievances 5.500). An oral complaint may be submitted; however such complaint must be reduced to writing to ensure a more complete investigation. The complaint should include the following information:

• Identity of the alleged victim and person accused;

• Location, date, time and circumstances surrounding the alleged incident;

• Description of what happened;

• Identity of witnesses; and

• Any other evidence available.

The privacy and anonymity of all parties and witnesses to complaints will be respected. However, because an individual’s need for confidentiality must be balanced with obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation or to take the necessary action to resolve a complaint, the identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with a need to know.

A substantiated charge against an employee shall result in disciplinary action up to and including termination. A substantial charge against a student may result in corrective or disciplinary action up to and including suspension.

There will be no retaliation against any person who reports discrimination/harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary action. The willful filing of a false report will itself be considered harassment and will be treated as such.

An employee disciplined for violation of this policy may appeal the decision by contact the Federal Rights Coordinator or the Director of Schools/Designee.       

_____________________________________

Legal References:

1. Title VII; 29 CFR §1604.11

2. Title IX (20 U.S.C. §§ 1681-1686)

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

Employees are expected to use good taste in the selection of dress for work and to maintain neatness and cleanliness. No apparel, dress or grooming which is or may become potentially disruptive of the classroom atmosphere or education process will be permitted.

Principals shall counsel teachers assigned to their building on appearance and conduct.

Each employee, while exercising his/her right in an individual way, will show a high degree of respect for the standards of decency, cleanliness and style generally accepted by the school and community.

Hats, caps, other head covering, and sunglasses will not be worn inside the buildings. Bandannas may not be displayed or worn in any manner.

See-through clothing, tank tops, or clothes revealing the midriff, back, chest or shoulders are not acceptable.

Clothing with holes above the knee is not acceptable.

Shorts/skirts shorter than mid-thigh length are not acceptable. Mid-thigh is to be interpreted as 2” above the knee. Form-fitting clothes such as Spandex or biking shorts are not acceptable as outer clothing.

Shoes will be worn at all times.

All pants will be worn at waistline. Belts should be fastened. If suspenders and/or galluses are worn, they will be fastened over the shoulder to attached clothing.

Issued Date:  07/28/11

Rescinds:  08/13/98

Issued:  07/11/96

The Warren County School System does not discriminate on the basis of race, sex, color, religion, national origin, age, handicap, or veteran status in provision of educational opportunities, programs, activities, or employment opportunities and benefits. Inquiries or completed grievance forms should be referred to the Staff Attorney, 2548 Morrison Street, McMinnville, TN  37110 at (931) 668-4022.

Anyone who believes he/she has a valid basis for grievance can discuss it formally and on a verbal basis at the point of grievance (e.g. school level) or with the Staff Attorney. A formal grievance will be filed with the Staff Attorney who shall in turn investigate the complaint or refer it to a designee to investigate and reply to the grievance within ten working days. Formal grievances can be made, whether the informal process is used or not, according to the following steps:

I.  Filing a grievance:

Anyone who believes that the school system or its agents has discriminated against him/her or another individual should file a complaint within 180 working days. The completed grievance form should be sent to the Staff Attorney, Warren County School System, 2548 Morrison St.  McMinnville, TN  37110.

II.  Resolution

It is the system’s policy to investigate and resolve allegations of harassment/discrimination promptly and appropriately. The system can use a variety of tools to resolve grievances, including but not limited to:  Early Grievance Resolution, Agreement for Corrective Action, Grievance Committee Recommendation, or any approach, or combination or approaches, which may be initiated at any time.          

1. Early Grievance Resolution:  Provides the opportunity to immediately resolve the allegations prompting the grievance through either the informal or formal process.

2. Agreement for Corrective Action:  Fact finding techniques will be utilized and agreement on the action will be signed by both parties (recipient and grievant).

3. Grievance Committee:  A balanced committee comprised of system and non-system people can discuss the grievance and come to a consensus on the issue.

4. Other Ways Complaints can be Resolved: 

a.  If the system determines there is no factual basis for the complaint
b.  If the grievant withdraws the grievance

III.  Additional Information for the Grievant:

If the grievant remains unsatisfied, he/she may appeal through a written statement to the Director of Schools, along with an attached copy of the original grievance, and the system’s response to that grievance, within ten (10) business days. If not satisfied with the Director of School’s response, the grievant may appeal to the School Board.

(Note:  Upon appeal to the School Board, the grievant waives the right to confidentiality). In an attempt to resolve the grievance, the Board of Education or its designees shall meet with the concerned parties and their representatives within ninety (90) days of the receipt of such an appeal. A copy of the Board’s disposition of the appeal shall be sent to each concerned party within ten (10) business days of this meeting.

**The grievant should be aware of the right to take the complaint to the State Department of Education, Civil Rights Coordinator, 6th Floor, Andrew Johnson Towers, 710 James Robertson Parkway, Nashville, TN  37243, or to the Office of Civil Rights, U.S. Department of Education, P.O. Box 2048, 04-3010, Atlanta, GA 30301, or take court action without fear of prohibition or retaliation.**

Issued Date:  10/27/11

Warren County School District provides a local level grievance procedure in order to provide teachers and principals a process for resolving grievances regarding procedural aspects of their evaluation without fear, discrimination or reprisal.  This grievance procedure is intended to ensure evaluations are fundamentally fair because correct procedures have been followed and that they are expeditiously resolved at the lowest possible level.  This procedure is not meant to address disputes regarding employment actions taken based on the results of an evaluation.  More significant due process rights are provided pursuant to state law to teachers when actual employment actions are taken.

Any teacher or principal who has a valid basis to challenge (1) the accuracy of the data used in their evaluation and/or (2) adherence to the evaluation policies adopted by the State Board of Education in compliance with Tennessee law may file a grievance which will be investigated and decided in a timely manner. ¹

Scope of Grievance.  The grievance will only be investigated to determine procedural errors and accuracy of data.  “Accuracy of the data” means only that the data identified with a particular teacher is correct. Minor procedural errors in implementing the evaluation policy shall be resolved at the lowest possible step in the grievance procedure but shall not constitute grounds for challenging the final results of an evaluation.  “Minor procedural errors” shall be defined as errors that do not materially affect or compromise the integrity of the evaluation results. The final results of an evaluation may only be challenged if the person being evaluated can demonstrate, no later than during Step II of the grievance procedure, that the procedural errors made could materially affect or compromise the integrity of the evaluation results.²  The department of education shall provide guidance on which procedural errors may materially affect or compromise the integrity of the results of an evaluation.

PROCEDURES. Grievances shall be processed by working through the 3 steps³ to finality as follows:

(1) Step I

a. Written grievance must be submitted to evaluator (Building Principal) no later than 15 days from the end of the summative evaluation.  A form is provided herewith which may be used to submit the grievance in standard form, which provides for all information required to investigate the matter.

b. The evaluator shall investigate the complaint or refer it to a designee to investigate.

c. Investigative findings as well as a decision regarding the grievance shall be clearly communicated in writing to grievant within fifteen (15) days of receipt of the complaint.

d. To allow disputes to be resolved at the lowest level possible, the Evaluator may take any action necessary, based on the circumstances, to immediately correct any procedural errors made in the evaluation process.

(2) Step II

a. A written grievance and prior step decision shall be submitted to the Director of Schools or his/her designee within fifteen (15) days of receipt of decision from Step I.  The designee cannot be used in cases involving a principal’s evaluation.

b. The Director or his designee shall engage in an Informal discussion or hearing of facts, allegations, and testimony by appropriate witnesses as soon as practical after receipt of the complaint.

c. A decision shall be communicated to grievant in writing within fifteen (15) days of discussion or hearing.

d. To allow disputes to be resolved at the lowest level possible, the Director of Schools may take any action necessary, based on the circumstances, to immediately correct any procedural errors made in the evaluation process.

e. Minor procedural errors, as defined in above, shall not be grieved beyond this step.

f.  An attorney or a representative of the employee may speak on behalf of the employee at the informal hearing at this stage.

(3) Step III – Local Board of Education

a. Teachers and principals may request a hearing before the local board of education by submitting a written grievance and all relevant documentation to the local board of education within fifteen (15) days of receipt of decision from Step II.

b. The board of education, based upon a review of the record, may grant or deny a request for a full board hearing and may affirm or overturn the decision of the Director of Schools with or without a hearing before the board;

c. Any hearing granted by the board of education shall be held no later than thirty (30) days after receipt of a request for a hearing;

d. The local board of education shall give written notice of the time and place of the hearing to the grievant, Director of Schools and all administrators involved;

e. The local board of education’s decision shall be communicated in writing to all parties, no later than thirty (30) days after conclusion of the hearing.

f.  An attorney may represent a grievant before the local board of education, which is the final step of this procedure.  The grievant and the local board of education may have counsel present at discussions prior to this final step.

SCOPE OF PROCEDURE.

The local board of education shall serve as the final step for all grievances. ⁴

^{______________________________________________}

Legal References:

1. TCA 49-1-302  

2. 2.-5.  TDOE  0520-02-01(4)

Issued Date:  11/01/95

The professional staff members are the personnel whose employment status require certification in accordance with rules and regulations of the State Board of Education.¹

__________________________________________

Legal References:

1. TCA 49-5-501 (1).

Issued Date:  10/23/97

Rescinds:  11/01/95

Issued:  11/01/95

The Director of Schools shall establish the salary rating of each person employed and shall recommend such salary rating to the board for its approval.²

Salaries of all employees, including substitute and supplemental pay, shall be paid by the Board. No payment to any employee for service performed on behalf of the school system shall be made from any source other than the Board.³

Contracts of professional personnel shall include two-hundred (200) days of responsibility, plus twenty (20) days for each additional month assigned by the board. Each contract shall provide:⁴

1. A minimum of one hundred and eighty (180) working days;

2. A minimum of five (5) days for in-service education;

3. One (1) day for parent-teacher conference;⁴

4. Ten (10) vacation days; and

5. Four (4) days as designed by the board.

The school calendar adopted by the board each year shall become part of each employee’s contract.

Salaries and supplements may be paid from revenue derived from sources other than taxes, provided the revenue is deposited with and salaries paid through the board. This includes donations or contributions from individuals, civic or other non-school related sources of funds from individual school activity funds, such as gate receipts and concessions.^{1, 5}

All revenues from grants shall be budgeted for the specific purposes of the grant. All employees shall be compensated at the appropriate salary rating the employee is paid by the board and shall not receive any salary from any grant unless the grant specially calls for payment of grant funds to the employee. In this exception, the salary payment will cease when the grant expires.

___________________________________________

Legal References:

1. TCA 49-2-203 (a) (1); TCA 49-5-408.

2. TCA 49-5-402.

3. TCA 49-3-306; TCA 49-5-709; TCA 49-2-203 (a) (1).

4. TCA 49-6-3004.

5. TCA 49-6-2006; Tennessee Internal School Financial Management Manual, Section 5, Title 2 and Section 5, Title 5.

Issued Date:  10/23/97

The Director of Schools shall be responsible for developing a plan for utilizing Career Level educators beyond their regular responsibilities,¹  and to ensure that local responsibilities are exercised.

All Career Level employees shall perform the duties approved by the Board and consistent with state law and state policy.² Responsibilities of Career Level educators who are working additional months shall be over and above the responsibilities which they ordinarily have under a ten (10) month contract.

Each employee assigned additional work under the Career Ladder program will work under the supervision of a person designated by the Board. If more than one employee is working on the project, one may be designated by the Board as project director for supervising the other employees in the program.

Current 11 or 12 month teachers who become Level II or III educators or administrators and supervisors who become Level II or III educators shall be eligible for the meritorious portion of the supplement provided through the Comprehensive Education Reform Act.

The Board considers ten (10) days away from regular duties for evaluative purposes to be a maximum for Career Level III personnel. However; the Board will cooperate with the state and will consider requests for use of Career Level III personnel for more than ten (10) days a year on a case-to-case basis.³ Such requests will be approved by the Board upon recommendation of the Director of Schools. The Director of Schools is empowered to grant such permission if time does not permit Board consideration. However, the Director of School will report each request for use of a Career Level III employee for more than ten (10) days to the Board at its next regular meeting.

_________________________________

Legal References:

1. TCA 49-5-5209.

2. TCA 49-5-5206; TCA 49-5-5207; TCA 49-5-5208; TCA 49-5-5209; TCA 49-5-5304; TCA 49-5-5305; TCA 49-5-5306; TCA 49-5-5404; TCA 49-5-5405; TCA 49-5-5406; TCA 49-5-5504; TCA 49-5-5408;   TCA 49-5-5506; TCA 49-5-5505.

3. TCA 49-5-5208; TCA 49-5-5306; TCA 49-5-5406; TCA 49-5-5506.

Issued Date:  11/01/95

Annually, the Director of Schools shall be responsible for conducting a needs assessment to determine the focus of extended contract activities. The needs assessment shall be conducted by an extended contact committee, which shall advise on or certify to the need for specific programs served through extended contracts. The committees shall consist of teachers and administrators, Career Level III and II teachers where possible, as determined by the Board.¹

Extended contract opportunities shall be available to all educators, provided Career Level III and II educators are given priority of opportunity.¹

The Director of Schools shall be responsible for devising a plan for Board approval consistent with the needs assessment. The plan shall include as a minimum:

1. A description of each program and a discussion of the benefits of the program as required by state law;¹

2. Time frames within which the program(s) will be operated;¹

3. The number of students who will benefit from the program;

4. A list of additional duties which may be assigned to Career Level education at each Career Level

5. The number and special qualifications of employees desired for each program; and

6. Local costs to be involved in the program.

__________________________________________

Legal Reference:

1. TCA 49-5-5209.

Issued Date:  12/13/12
 
Rescinds:  11/01/95
 
Issued:  11/01/95

 
QUALIFICATIONS 
 
All teachers shall be certified in accordance with state law and the regulations of the Tennessee State Department of Education. Such certificate shall be on file in the office of the Director of Schools prior to beginning employment.¹ 
 
It is the responsibility of the employee to secure a certificate and to maintain its validity.² When a teacher’s contract must be terminated because the teachers’ certificate has lapsed or otherwise become invalid, the Director of Schools’ shall immediately suspend the teacher without pay pending disposition of the matter. The teacher shall be notified of the reason for the suspension and given an opportunity for a hearing before the Board.
 
DUTIES 
 
In addition to duties specified in other policies and applicable law, teachers shall be responsible for the following duties: 

1. To give full, willing and helpful cooperation in carrying out all reasonable instructions or extra assignments which are given by the principals before, after and during the school day.

2. To give instruction to the students in the areas assigned by the Board, Director of Schools and Principals.

3. To record accurately the number of students present and absent each day in the manner prescribed by the Board, Director of Schools and Principals.

4. To follow state and local course of study, to follow rules and regulations of the state and policies of the local Board, and to follow school rules and policies established by the Principal.

5. To maintain cordial relationships with the home, parent(s) and community.

6. To keep parent(s) duly informed of the child’s progress and hold conferences with parent(s) when necessary.

7. To report to the principal of the school when one knows or reasonably suspects that a child’s health or welfare has been or appears to have been harmed as a result of abuse or neglect.³

8. To perform such other duties as may be assigned by the principal.

_______________________________________
 
Legal References:

1. TCA 49-5-101; TCA 49-5-403; TRR/MS 0520-1-2-.03(1).

2. TRR/MS 0520-2-4.01(1)

3. TCA 37-1-403.

Issued Date:  12/13/12

Rescinds:  03/25/99

Issued:  03/25/99

All nurses shall be licensed in accordance with the state law and regulations of the Board of Nursing. Such license shall be on file in the office of the Director of Schools prior to beginning employment.

It is the responsibility of the employee to secure a license and to maintain its validity. When a nurse’s contract must be terminated because the nurse’s license has lapsed or otherwise becomes invalid, the Director of Schools shall immediately suspend the nurse without pay pending disposition of the matter. The nurse shall be notified of the reason for the suspension and given an opportunity for a hearing before the Board.

It shall be duty of the Director of Schools to implement a manual for the hiring, placement, assignment of duties, in-service training and employment requirement for the Health Services Department of the Warren County School System. This will include any nurses that are needed for any other department such as Special Education.

The manual shall be approved by the Board as needed.

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

EQUAL OPPORTUNITY EMPLOYMENT

Opportunity for employment, as well as continuation and advancement in employment, shall be afforded equally to members of all races, creeds, colors, sexes, religion, ages, national origins, and individuals with disabilities or veteran status with regard only for qualifications for the positions involved.^{1, 2}

RECRUITMENT

The authorization of all school system positions rests with the Board. Personnel employment shall be within board policy.

The Director is responsible for the development of a program for the recruitment of licensed personnel.

Identification of personnel needs shall be the responsibility of the Director, Supervisors and Building Principal. Efforts shall be made to include representation of academic and professional experience, age, ethnic backgrounds, race and sex.

APPLICATION

An individual desiring a position with the Board shall make application through the Director of Schools on forms approved by the Board.⁴

The application must include a transcript of credits earned at the college(s) or university(ies) attended along with reference information from persons such as previous employers, college professors and supervisors of student teachers. Other information shall include whether such application has been dismissed for cause from a school system. If previously employed by a local board of education, the applicant provide evidence of acceptable resignation.⁴

No person shall be employed:

1. Who does not have a valid license to teach from the State Board of Education;⁵

2. Who does not present a physician’s certificate showing a satisfactory health record or has any contagious or communicable disease in such form that might endanger the health of school children;⁶

3. Who is not a citizen of the United States of America, except teachers;⁷

4. Who advocates the overthrow of the American form of government or who is a member of a political party which advocates the overthrow of the American form of government;⁷

5. Who refuses to take and subscribe to an oath to support the Constitution of the State of Tennessee and the United States of America;⁸

6. Who fails to make a full disclosure of any prior criminal records and any prior dismissals from employment for cause⁴.

RECOMMENDATIONS

After checking references and receiving written recommendations, the Director shall employ personnel under Board policy. Principals will submit their recommendations, in writing, to the Director. Should a person nominated by the principal be rejected by the Director, the principal shall make another nomination.

INITIAL EMPLOYMENT

Upon initial employment, the Director shall notify such person of the offer, and the conditions of employment. Upon receipt of employment notification, such person shall have fourteen (14) days to accept or reject the offered employment. From the date of the acceptance, such person is considered to be under employment with the Director of Schools and is subject to all rights, privileges and duties.⁴

TEMPORARY REPLACEMENTS

Vacancies occurring after the beginning of the school year for any reason will be filled as temporary replacements for the remainder of the school year and will not be considered as initial employment.

Said positions will be filled at the discretion of the Director in such a manner as to cause the least disruption in the educational process for students and as quickly as possible to ensure a continuous function of the position.

Persons filling temporary positions shall have no expectancy of continued employment under TCA 49-5-409 or any other, but such person shall be considered for employment in filling vacancies as specified in the section dealing with initial employment.

___________________________________

Legal References:

1. U.S. Constitution, Amendment XIV; Title VII, Civil Rights Act of 1964; Title VI, Civil Rights Act of 1964; Title IX, Education Amendments of 1972; Age Discrimination Act of 1967; Section 504 of Rehabilitation Act of 1973.
2. Public Law 101-336; 42 U.S.C. 12101
3. TCA 49-2-203 (a) (1); Howard vs.Bogart, 575 S.W. 2d 281 (1979).
4. TCA 49-5-406.
5. TCA 49-5-403; TCA 49-5-101
6. TCA 49-5-404; TRR/MS 0520-1-3.08 (2) (f).
7. TCA 49-5-202.
8. TCA 49-5-405.
9. TCA 49-2-301 (f) (10); TCA 49-3-3006;TCA 49-2-301 (f) (12); TCA49-2-203.

Issued Date:  09/27/12

Rescinds:  07/27/06

Issued:  08/22/96

APPLICATION

An individual desiring a position with the system shall make application to the Director of Schools on forms approved by the Board.¹ In a continuing effort to further ensure the safety and welfare of students and staff, the district shall require criminal history record checks and fingerprinting of employees and others having direct, unsupervised contact with students. Offers for employment will be contingent upon results of required drug tests, post-employment pre-placement physical exam and satisfactory results of fingerprinting background checks.

Knowing falsifying information shall be sufficient grounds for termination of employment and shall also constitute a Class A misdemeanor which must be reported to the District Attorney General for prosecution.

Any costs incurred by the TBI/FBI in conducting drug screens and fitness for duty post-employment pre-placement physical exams, such investigations of applicants shall be paid by the applicant the first time such applicant applies for a position with the Board. The Board shall not reimburse the applicant if he/she accepts a position. No employee shall be reimbursed for criminal history checks and fingerprinting.²

The Board assigns to the Director of Schools the duty to conduct thorough background checks and to advise all applicants that all hiring decisions are contingent up satisfactory background check results, drug screening results and post-employment pre-placement physical exam results.

Professional Employees

The application must include a transcript of credits earned at the colleges or universities attended along with reference information from persons such as previous employers, college professors and supervisors of student teachers. Other information shall include whether such applicant has been dismissed for cause from a school system. If previously employed by a local board of education, the applicant shall provide evidence of acceptable resignation.¹

No person shall be employed:

1. Who does not hold a valid license to teach from the State Board of Education;³

2. Who does not present a physician’s certificate showing a satisfactory health record or has any contagious or communicable disease in such form that might endanger the health of school children;⁴

3. Who refused to take and subscribe to an oath to support the Constitution of the State of Tennessee and of the United States of America;⁶

4. Who fails to make a full disclosure of any prior criminal records and any prior dismissals from employment for cause;

5. Who does not receive a satisfactory background/sexual predator check.⁸; (TBI/FBI)

6. Who does not pass a pre-employment drug screening; or

7. Who does not pass a post-employment pre-placement physical exam.

Support Employees

No person shall be employed:

1. Who has any contagious or communicable disease in such form  that might endanger the health of the children;⁴

 2. Who has not complied with the Immigration Reform and the   Control Act of 1986;⁷ or

 3. Who fails to make a full disclosure of any prior criminal records and any prior dismissals from employment for cause;

 4. Who does not receive a satisfactory background/sexual predator check.⁸ ; (TBI/FBI)

 5. Who does not pass a pre-employment drug screening; or

 6. Who does not pass a post-employment pre-placement physical examination.

RECOMMENDATION

Professional Employees

After checking references and receiving written recommendation, the Director of Schools shall hire and assign qualified applicants.⁹ 

Initial Employment

Upon initial employment, the Director of Schools shall notify such person of the offer and conditions of employment. Upon receipt of employment notification, such person shall accept or reject the offered employment. From the date of acceptance, such person is considered to be under employment with the Board and is subject to all rights, privileges and duties.¹

Support Employees

After checking references and receiving written recommendations from principals and/or supervisors, the Director of Schools shall hire and assign qualified applicants.

___________________________________

Legal References:

1. TCA 49-5-406
2. TCA 49-5-406 (a); TCA 49-5-413 (b)
3. TCA 49-5-403; TCA 49-5-101
4. TCA 49-5-404; TRR/MS 0520-1-3-.08 (2) (f)
5. TCA 49-5-405
6. Immigration Reform and Control Act of 1986
7. TCA 49-2-301 (f) (31)
8. TCA 49-2-301 (f) (12) (31) ; TCA 49-2-303 (a) (3)

Issued Date: 12/6/2018

Any person applying for or holding a position as an employee of Warren County School District shall, prior to employment and at least every five (5) years thereafter, be required to;

(1)    Agree to the release of all investigative records to the board for examination for purposes of verifying the accuracy of criminal violation information as required by law; and
(2)    Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation. 
Information obtained from such investigative records and criminal history checks shall be used to determine suitability for fitness for employment. 

RAP BACK PARTICIPATION

Upon Tennessee’s acceptance into the Federal Bureau of Investigation rap back program, the District shall conduct state and national criminal history record checks on all employees to determine suitability for fitness for employment.

Employee fingerprints will be retained by the Tennessee Bureau of Investigation and Federal Bureau of Investigation for all purposes and uses authorized for fingerprint submissions.  

The criminal history record check shall include submission of fingerprints to:

(1)    The Federal Bureau of Investigation for a national criminal history record check; and\
(2)    The Tennessee Bureau of Investigation for a state criminal history record check that shall include nonconviction data.

All potential and current employees may be charged a reasonable fee for criminal history records checks performed.  

All contract workers and school volunteers who work on school property when children are present or work in close proximity to school children shall also be subject to background checks at the expense of the contractor or school volunteer.  

Legal reference:

Public Chapter 1006 (2018)
TCA 49-5-413 

Issued Date:  01/24/13

Rescinds:  11/17/05

Issued:  11/01/95

Unless otherwise specified, the Director of Schools shall assign personnel to the various schools by June 15 proceeding the school year for which such personnel are employed while allowing each principal to assign more specific responsibilities within each school. Teachers, administrators and other staff are to be placed among schools in an equivalent capacity. Board approval shall be required for any assignment which carries with it a supplemental payment above the regular teacher salary.¹

Extra assignments for which supplements are provided may not be relinquished in part by the employee without agreement by the Board.

___________________________________

Legal Reference:

1.  TCA 49-2-301 (F) (12); TCA 49-5-401.

Issued Date:  05/19/16

Rescinds:  09/27/12

Issued:  11/01/95

SUSPENSION PENDING AN INVESTIGATION ¹

A Director of Schools/designee may suspend a non-tenured teacher at any time when deemed necessary, pending investigation or final disposition of a case before the board or an appeal.  

Under no circumstances shall a Director of Schools suspend a non-tenured teacher with pay.  If reinstated, the non-tenured teacher shall be paid full salary for the period of suspension, unless suspension without pay is deemed to be an appropriate penalty. 

SUSPENSION OF THREE DAYS OR LESS ²

A Director of Schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination. Before an employee is suspended s/he shall be (1) provided with written notice, including the reasons for the suspension along with an explanation of the evidence; (2) given an opportunity to respond to the director at a recorded conference, if requested within five (5) days; and (3) given a written decision of the suspension within (10) days.  Both parties may be represented by counsel at the conference, which shall be recorded.

DISMISSAL OR SUSPENSION GREATER THAN THREE DAYS

The Director of Schools may dismiss any non-tenured teacher during the contract year for incompetence, inefficiency, insubordination, improper conduct or neglect of duty after giving the non-tenured teacher, in writing, due notice of the charges.

The Director of Schools shall give the non-tenured teacher an opportunity for a full and complete hearing before an impartial hearing officer.³

The Board will appoint an impartial Hearing Officer to conduct such hearings.  The Hearing Officer will hear the case and the employee shall have the right to:

1. Be represented by counsel;

2. Call and subpoena witnesses;

3. Examine all witnesses; and

4. Require that all testimony be given under oath.

Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing.  The employee may appeal the decision to the Board within ten (10) working days of the Hearing Officer rendering the written decision to the employee. Written notice of appeal to the Board shall be given to the Director of Schools.  Within twenty (20) days of receipt of notice, the Director shall prepare a copy of the proceedings; transcript, documentary and other evidence presented and provide the Board a copy of the same. 

The Board shall hear the appeal.  No new evidence shall be introduced.  The non-tenured teacher may appear in person or be represented by counsel and argue why the decision should be modified or reversed.  The Board shall take one of the following actions:

1. Sustain the decision;

2. Send the record back if additional evidence is necessary; or

3. Revise the penalty or reverse the decision.

Before any decision to dismiss is made, a majority of the membership of the Board shall concur in sustaining the charges.  The Board shall render a decision on the appeal within ten (10) working days after the conclusion of the hearing.

The Director of Schools shall also have the right to appeal any adverse ruling by the Hearing Officer in the same manner as the non-tenured teacher.

Within twenty (20) days after receipt of notice of the decision of the Board, either party may appeal to the Chancery Court of Warren County.  The Board shall provide the entire record of the hearing to the court.

NON-RENEWAL

Non-tenured teachers are subject to the same rules and regulations and are entitled to the privileges of employment enjoyed by tenured teachers except that they have no claim upon continuing employment or tenure protections.

The principal is responsible for discussing deficiencies as part of the evaluation process with the non-tenured teacher and providing assistance for overcoming these deficiencies.

The Director of Schools is under no obligation to re-employ non-tenured teachers at the end of their contract period. If the Director, determines not to renew the contract of a non-tenured teacher, the following action shall be taken:

1. The Board shall be notified at the next regular board meeting; and

2. Written notice of non-renewal by the Director shall be hand delivered or sent to the employee by registered mail so that it will be received by the employee within five (5) business days following the last instructional day for the school year.⁶

RESIGNATION

A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation.  A teacher, who fails to give such notice, in the absence of justifiable extenuating circumstances, shall forfeit all tenure status.  The Board may waive the thirty (30) days’ notice requirement and permit a teacher to resign in good standing.

The conditions under which it is permissible to break a contract with the Board are as follows:

1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board;

2. The release by the Board of the teacher from the contract which the teacher has entered into with the Board.⁵

Any teacher on leave shall notify the director of schools in writing at thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.⁶

Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with the Commissioner and request the suspension of a teacher’s certificate.  After the Commissioner has provided the teacher an opportunity for defense during a hearing, the Commissioner may suspend the certificate for no less than thirty (30) and no more than three hundred sixty-five (365) days.⁷

RETIREMENT

Retirement shall mean a termination of services under conditions which will allow the employee to draw benefits from retirement plans and/or social security benefits.

Employees eligible for retirement benefits may elect to retire at any age according to the provisions of the retirement system.

Central office personnel shall assist employees in securing retirement benefits; however, it shall be the responsibility of the retiring employee to provide verification of eligibility in writing from TCRS to the central office.  It shall be the responsibility of the retiring employee to file for benefits.

Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year without loss of retirement benefits. Retired teachers may substitute teach for an additional ninety (90) days if the director of schools certifies in writing to the Board that no other qualified personnel are available to substitute teach.⁷

The director of schools may employ teachers retired for at least one year for full-time employment as a kindergarten through twelfth grade teacher on a year-to-year basis.  Retirement benefits will not be lost or suspended under certain conditions, which include but are not limited to the following:⁸

1. The Director of Schools of the employing system must certify in writing that no other qualified individuals are available to fill the position;

2. The Commissioner of Education must certify that the employing school system serves an area that lacks qualified teachers to serve the position to be filled;

3. The retired teacher must hold a valid license and shall not be entitled to tenure status;

4. The retired teacher shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage; and

5. The salary paid to the retired member shall not be less than the rate of compensation set by the Board for teachers with no experience filling similar positions, no more than eighty-five percent (85%) of the rate of compensation set by the Board for teachers with comparable training and years of experience filling similar positions.

(Note:  Nonrenewal of non-tenured teachers after the contract year is not suspension or dismissal and does NOT follow the suspension/dismissal procedures outlined in this policy.  Rather, nonrenewal of non-tenured teachers after the contract year follows the nonrenewal procedures outlined in this policy.)

____________________________________________

Legal References:

1. TCA 49-5- 511(a)(3)                        
2. TCA 49-2-301(b)(1)(EE), TCA 49-5-512(d)
3. TCA 49-2-301(b)(1)(GG)
4. TCA 49-5-409(a); OP Tenn. Atty. Gen. 97-123 (Sept.2, 1997);
5. OP Tenn. Atty. Gen 99-091 (April 12, 1999)
6. TCA 49-5-508
7. TCA 49-5-409(b)
8. TCA 49-5-706
9. TCA 49-5-411
10. TCA 8-36-805
11. TCA 8-36-821

Issued Date:  11/19/09

Rescinds:  11/01/95

Issued:  11/01/95

The Board shall use the standard evaluation process developed by the State Board of Education.¹

The minimum number of times a teacher is evaluated shall be determined by the status (non-tenured or tenured) and performance of the teacher. The principal shall evaluate  each teacher in his/her school at least the required minimum number of times prescribed in state guidelines and will be responsible for conducting the evaluations. He/She may designate a certificated employee who is trained in the evaluation procedure to assist in the evaluation.²

If a teacher is assigned to teach in an area for which the teacher is not endorsed, any evaluation conducted for the course outside the area of endorsement shall relate only to the improvement of teaching skills and strategies and not a determination of competency.⁶

If a principal determines that a first or second year apprentice teacher has a problem which justifies the use of an outside evaluator, he/she may submit a request for assistance to the Director of Schools.³  The Director of Schools will determine whether to send an evaluator within the school district or to request assistance from the State Department of Education.

The principal shall evaluate all apprentice teachers one time by October 15. The principal shall note deficiencies and develop a plan for improvement. It shall be the responsibility of the principal to appoint two tenured teachers to assist in the professional development of each apprentice teacher.⁴  The two (2) tenured teachers shall specifically assist the apprentice teacher in overcoming deficiencies. The apprentice teacher shall be evaluated at least two additional times prior to March 1.

_______________________________ 

Legal References:

1. TCA 49-5-5103.
2. TRR/MS 0520-2-1.02.
3. TCA 49-1-302.
4. TCA 49-5-5205.
5. TCA 49-5-5606.

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

If there is a disagreement between the local evaluation and the state-conducted evaluation of a third (3rd) year Apprentice teacher, the Certification Commission shall assign a full evaluation team to evaluate the teacher using the standard evaluation process adopted by the State Board of Education. If the evaluation team finds the teacher deficient in the requirements for certification, it shall so inform the Director of Schools.¹

Within ten (10) days, the Director shall notify the teacher’s principal, who shall be responsible for the development of an individualized plan to improve the teacher’s skills to the minimum standard.⁵ Within twenty (20) days, the principal shall develop and present to the Director for his/her approval the six-month individualized plan which shall specify the beginning and ending dates.²

If at the completion of the individualized improvement plan and the re-evaluation of the teacher, an apprentice continues to be found deficient in the requirements for certification, the Board shall not renew the teacher’s contract for the next year.³

Re-employment shall not be granted to a teacher who is found deficient under these circumstances.

________________________________ 

Legal References:

1. TCA 49-5-5205 (j) (3) (4).
2. TCA 49-5-5205 (j) (4).
3. TCA 49-5-5205 (j) (5) (A).
4. TCA 49-5-5205 (j) (5) (B) (i).
5. TRR/MS 0520-2-1.03 (6).

Issued Date:  05/25/17

Rescinds:  03/20/14

Issued:  11/01/95

When it becomes necessary to reduce the number of teaching positions in the system because of a decrease in enrollment or for other good reason, the Director shall dismiss such teachers as may be necessary.¹

Licensed Personnel

Reductions in staff will be made in the best interests of the students or as necessary for the efficient operation of schools.  In general, this objective dictates a staff reduction policy which:

1. Retains the most effective teachers
2. Avoids undue increases in class size; and
3. Provides that seniority shall not be a determining factor in the dismissal of certified employees due to reductions in force and shall be considered only if factors pertinent to the teacher’s performance evaluation are equal.

The elimination of a position does not necessarily mean the teacher occupying the position will be dismissed. When a teacher is released, it is the responsibility of the director to make a recommendation to the Board about which employee shall be released and to justify the recommendation based upon a composite of the following criteria:

1. Effectiveness in teaching and in related professional responsibilities evidenced by teacher evaluation;
2. Adaptability to other assignments (academic and extra-curricular);
3. Evidence of professional growth as well as specialized or advanced training;
4. Licensed appropriately to subject matter; and
5. Type, length and quality of service made to the teaching profession and the school system.
6. Consideration of principal’s recommendation relative to his or her evaluation of the teacher’s performance and ability to improve student achievement.

When a teacher or nonlicensed employee is released because of reduction in staff, the Director of Schools shall give the teacher written notice of release explaining the circumstances or conditions making dismissal necessary. A teacher rated in the three (3) highest categories based on evaluations pursuant to TCA 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment.

However, the Director of Schools shall determine the fitness of any teacher for re-employment on the basis of the principal’s evaluation of the teacher’s competence, compatibility and suitability to properly discharge the duties required by the position with consideration for the best interest of the students in the school where the vacancy exists.³ The teacher’s most recent evaluation may be a factor in such determination.

A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal’s school.

The right to remain on the preferred list for employment shall remain in effect until:

A.  The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
B.  The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA. 

It shall be the responsibility of the separated teacher to notify the Director in writing of his/her availability and current address.

Non-Licensed Personnel

When a non-licensed employee is released because of a reduction in the number of support positions, the director of schools shall give the employee written notice of dismissal explaining the circumstances or conditions making termination of employment necessary.³

____________________________________

Legal References:

1. TCA 49-5-409 (d); TCA 49-2-301 (f)(1) (EE)
2. TCA 49-5-511 (b).

Issued Date:  09/24/15

Rescinds:  09/17/13

Issued:  02/24/11

Prior to becoming eligible for tenure status, a teacher must meet all of the following requirements:

• Has a degree from an approved four-year college or any career and technical teacher who has the equivalent amount of training established and licensed by the state board of education;
• Holds a valid teacher license, issued by the state board of education, based on training covering the subjects or grades taught;
• Has completed a probationary period of five (5) school years or not less than forty-five (45) months within a seven year period, the last two years being employed in a regular teaching position rather than in an interim teaching position; and
• Has received evaluations demonstrating an overall performance effectiveness level of “above expectations’ or “significantly above expectations” on his/her evaluation during the last two (2) years of the teacher’s probationary period. ¹
   

The director of schools is responsible for documenting and presenting the recommendation for tenure to the Board of Education.²  The names of all teachers eligible for tenure will be submitted to the Board to officially grant tenure in the fall of each year.

Documentation of a record of excellence in teaching necessary to support a recommendation for tenure must include:

1.  Overall score of 4 or 5 on the composite TEAM evaluation for the last two (2) consecutive years:

2.  Specific evidence of effectiveness in teaching students (if appropriate):

          (a) test scores, including the annual estimate of teacher effect on student progress²

          (b) narrative descriptions of specific examples of effectiveness with students

3.  Record of attendance for the last five years

4.  Letter from the principal for which the teacher has worked summarizing reasons for recommendation of tenure

5.  Other indicators of effectiveness may be included

The following additional guidelines will apply:

1. The decision to grant tenure is solely within the discretion of the Board of Education. ³

2. The director of schools will recommend persons eligible for tenure at a board meeting in ample time for the director of schools to provide notice of non-renewal to each teacher not granted tenure within 5 business days, following the last instructional day for the school year in the year of eligibility. ⁴

3. Time spent on leave of absence, except sick leave as provided in 49-5-710, shall not be counted  as of the probationary period.

4. Only those teachers who receive a majority vote of the membership of the Board will be granted tenure.

5. A teacher who is eligible for tenure, but for whom tenure is denied, shall not be rehired in any certified position beyond the contract year.

A majority vote of the membership of the Board shall be required for the re-employment of a tenured teacher who has previously resigned and in good standing.

Teacher Returning to Employment

A teacher who has attained tenure status in the school system and later resigns shall serve a two year probationary period upon reemployment unless the probationary period is waived by the Board upon request of the director of schools. Upon completion of the two year period, the teacher shall either be recommended by the director for tenure or non-renewed. If tenure is not granted, the teacher cannot continue in employment.⁴

Loss of Tenure Status

Any teacher who, after acquiring tenure status, receives two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “below expectations” or “significantly below expectations” on his/her evaluation, shall be returned to probationary status by the director of schools until the teacher has received two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations”. ⁵

This section does not apply to teachers who acquired tenure prior to July 1, 2011.

______________________________________

Legal References:

1. TCA § 495-503
2. TCA § 49-2-301(b)(1)(J)
3. TCA § 49-1-606(a)
4. TCA § 49-2-203(1)
5. TCA § 49-5-504
6. TCA S 49-5-503

Issued Date:  10/26/00

Rescinds:  07/27/00

Issued:  07/27/00

Any change in assignment made by the Director of Schools is a transfer. All transfers are made by the Director of Schools.¹

Personnel desiring a change of assignment shall discuss the matter with the principal and submit a request for transfer in writing to the Director of Schools on or before April 1.

The Director of Schools shall be responsible for ensuring that transfers which he/she makes are discussed with the affected employees.

_________________________________

Legal Reference:

1. TCA 49-5-510.

Issued Date:  09/27/12

SUSPENSION PENDING AN INVESTIGATION¹

The director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal.  Under no circumstances shall the director of schools suspend a teacher with pay.  If reinstated, the teacher shall be paid full salary for the period of suspension, unless suspension without pay is deemed to be an appropriate penalty.

SUSPENSION OF THREE DAYS OR LESS^2,3,4

A director of schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination. Before an employee is suspended s/he shall be: (1) provided with written notice, including the reasons for the suspension along with an explanation of the evidence; (2) given an opportunity to respond to the director at a conference, if requested within five (5) days; and (3) given a written decision of the suspension within ten (10) days.  Both parties may be represented by counsel at the conference, which shall be recorded.

Under no circumstances shall a director of schools suspend a tenured teacher with pay.  If reinstated, the tenured teacher shall be paid full salary for the period of suspension, unless suspension without pay is deemed to be an appropriate penalty.

DISMISSAL OR SUSPENSIONS GREATER THAN THREE DAYS⁵

The Board shall maintain a list of qualified individuals who have indicated a willingness to act as im-partial hearing officers, as defined under Tennessee law.

When charges are made against a tenured teacher, charging the teacher with offenses which may justify dismissal or a suspension greater than three days, the charges shall be made in writing, specifically stating the offenses which are charged and shall be signed by the party or parties making the charges.

If, in the opinion of the Board, the charges are of such nature as to warrant the release or a suspension greater than three days of the teacher, the director of schools shall give the teacher a written notice of this decision, a copy of the charges against the teacher, and a copy of a form provided by the Commissioner of Education advising the teacher of his/her legal duties, rights and recourse.

A tenured teacher who has been given notice of charges against him/her may within thirty (30) days after receipt of notice give written notice to the director of schools of his/her request for a hearing.

The director of schools shall, within five (5) days after receipt of request, assign a hearing officer from the list maintained by the Board.

The hearing officer shall notify the parties, or their attorney, of the officer’s assignment and direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing. That hearing shall be set no later than thirty (30) days following receipt of the initial request for a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, be heard, and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings.

Either party may appeal to the Board of Education an adverse ruling by giving written notice of appeal within ten (10) working days of the hearing officer’s delivery of the hearing officer’s written findings and conclusions. The director of schools shall prepare a copy of the proceedings, including all transcripts and evidence, documentary or otherwise, and transmit the same to the Board within twenty (20) days of the receipt of the notice of appeal.

The Board shall hear the appeal on the record, and no new evidence may be submitted by either party. The appealing party may appear before the Board to argue why the adverse ruling should be over- turned.  In no event should such argument last more than fifteen (15) minutes, unless the Board should vote to extend additional time.  At the conclusion of the hearing, any member of the Board may vote to sustain the decision of the Hearing officer, send the record back for additional evidence, revise the penalty or reverse the decision.  The Board shall render its decision within ten (10) working days after the conclusion of the hearing.  In the event that the decision of the Board is appealed to the Chancery court, the Board shall transmit the entire record prepared by the director and reviewed by the Board to the Chancery court for its review.

RESIGNATION

A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation.  A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days notice requirement and permit a teacher to resign in good standing.

The conditions under which it is permissible to break a contract with the Board are as follows:

1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board;

 2. The release by the Board of the teacher from the contract which the teacher has entered into with the Board.⁶

Any teacher on leave shall notify the director of schools in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.⁷

Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with the Commissioner and request the suspension of a teacher’s certificate. After the Commissioner has provided the teacher an opportunity for defense during a hearing, the Commissioner may suspend the certificate for no less than thirty (30)  and no more than three hundred sixty-five (365) days.⁸

RETIREMENT

Retirement shall mean a termination of services under conditions which will allow the employee to draw benefits from retirement plans and/or social security benefits. Employees eligible for retirement benefits may elect to retire at any age according to the provisions of the retirement system.

Central office personnel shall assist employees in securing retirement benefits; however, it shall be the responsibility of the retiring employee to provide verification of eligibility in writing from TCRS to the central office. It shall be the responsibility of the retiring employee to file for benefits.

Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year without loss of retirement benefits. Retired teachers may substitute teach for an additional ninety (90) days if the director of schools certifies in writing to the Board that no other qualified personnel are available to substitute teach.⁹

The director of schools may employ teachers retired for at least one year for full-time employment as a kindergarten through twelfth grade teacher on a year-to-year basis. Retirement benefits will not be lost or suspended under certain conditions, which include but are not limited to the following:¹⁰

1. The director of schools of the employing system must certify in writing that no other qualified individuals are available to fill the position;
2. The Commissioner of Education must certify that the employing school system serves an  area that lacks qualified teachers to serve in the position to be filled;
3. The retired teacher must hold a valid license and shall not be entitled to tenure status;
4.  The retired teacher shall not be eligible to accrue additional retirement benefits,accrue leave or receive medical insurance coverage; and
5. The salary paid to the retired member shall not be less than the rate of compensation set by the Board for teachers with no experience filling similar positions, nor more than eighty-five percent (85%) of the rate of compensation set by Board for teachers with comparable training and years of experience filling similar positions.

_________________________________

Legal References:

1. TCA 49-5-511(a)(3)
2. TCA 49-2-301 (b)(1)(EE), Tenn. Code Ann. § 49-5-512(d)
3. TCA 49-5-511(a)(2)
4. TCA 49-5-511 through 513
5. TCA 49-5-512, 513
6. TCA 49-5-508
7. TCA 49-5-706
8. TCA 49-5-411
9. TCA 8-36-805
10. TCA 8-36-821

Issued Date:  11/01/95

No employee shall be dismissed by the Board without first receiving written notice of the charge or charges and an opportunity for defense.¹

A non-tenured teacher who has been given notice of charges may within thirty (30) days after receipt of notice give written notice to the Director of his/her request for a hearing before the Board.

The Director shall within five (5) days after the receipt of request, indicate the place of such hearing and set a convenient date, which shall not be later than thirty (30) days following receipt of notice requesting a hearing.

The Chairman of the Board shall conduct the hearing and be empowered to issue subpoenas for and administer oaths to witnesses.

The Board shall within ten (10) days after the hearing decide what disposition to make of the case from the following: (1) dismissal; (2) suspension without pay;² or (3) reinstatement. The Board shall immediately thereafter give the non-tenured teacher written notice of its findings and decisions.

______________________________________

Legal References:

1. TCA 49-5-511 through 513.]
2. Lee v. Franklin, August 5, 1991, not published

Issued Date:  11/01/95

A teacher shall give the Director notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances; shall forfeit all tenure status. The Board may waive the thirty (30) days notice requirement and permit a teacher to resign in good standing.

The conditions under which it is permissible to break a contract with the Board are as follows:

1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board;
2. The release by the Board of the teacher from the contract which the teacher has entered into with the Board.¹

Any teacher on leave shall notify the Director in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.²

Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with the Commissioner and request the suspension of a teacher’s certificate. After the Commissioner has provided the teacher an opportunity for defense during a hearing, the Commissioner may suspend the certificate for no less than thirty (30) days and no more than three hundred sixty-five (365) days.³

___________________________________

Legal References:

1. TCA 49-5-508.
2. TCA 49-5-706.
3. TCA 49-5-411.

Issued Date:  01/24/13

Rescinds:  11/01/95

Issued:  11/01/95

Retirement shall mean a termination of services under conditions which will allow the employee to draw benefits from retirement plans and/or social security benefits.

Employees eligible for retirement benefits may elect to retire at any age according to the provisions of the retirement system.

Central office personnel shall assist employees in securing retirement benefits; however, it shall be the responsibility of the retiring employee of file for benefits.

_________________________________

Legal References:

1.  TCA 8-36-808.
2.  TCA 8-36-805.

Issued Date:  12/13/12

All professional employees are expected to perform extra-curricular duties, attend staff meetings, work on committee assignments, attend in-service education meetings, keep appropriate records and adhere to time schedules as authorized by the Warren County Board of Education. These assignments shall conform to the established policy and rules and regulations of the Warren County Board of Education and the State Department of Education.

Issued Date:  12/13/12

Rescinds:  11/01/95

Issued:  11/01/95

 All employees, prior to entering service, shall present a certificate showing a satisfactory health record.¹

No employee who has any communicable disease shall perform his/her duties in any location where such might endanger the health of school children. The Board shall require any employee to submit to a physical examination by a physician whenever there is reason to believe that the employee has any communicable disease.²
 
The Director shall reassign or suspend any employee who is suspected of having a communicable disease which might endanger the health of children, pending investigation and final disposition of the case before the Board.³
 
To assist the Board in making final disposition of the case, the Director may refer the case to the County Health Office or other medical experts.
 
The Board shall use the written report to determine the employment status of the employee.
  
__________________________________

Legal References:
 
1. TRR/MS  0520-1-3-/08(2) (9)
2. TCA 49-2-203 (b) (2); TCA 49-5-710 (a) (7); TCA 49-5-404
3. TCA 49-5-511

Issued Date:  12/13/12

Rescinds:  06/22/06

Issued:  06/22/06

LIABILITY AND NON-DISCRIMINATION

No employee who is diagnosed with HIV infection or AIDS shall be prevented from continuing his/her employment. No disciplinary action may be taken against an employee solely on the basis of HIV infection or AIDS. Action may be taken against an employee only if s/he is disabled and the disability interferes with his/her ability to perform the activities involved in employment duties. The Board shall make reasonable accommodations to enable the employee to perform employment duties as may be required by state¹ or federal² law.

HIV/AIDS TESTING

No school official can require any employee to undergo an HIV antibody test or other HIV-related test. This does not preclude school officials from requiring an employee to undergo an examination when another communicable illness is suspected.³

CONFIDENTIALITY

If information is received regarding an employee’s HIV status, the Director of Schools may consult with the school board attorney on the appropriate course of action to pursue, bearing in mind the school system’s potential liability for defamation, employment discrimination, and breach of confidentiality requirements.

Information about an employee’s HIV status is not to be documented in the employee’s personnel file and shall not be faxed.³

Information obtained is confidential and may not be released to anyone except:²

1. Persons named on an Authorization for Release of Confidential HIV-Related Information Form;

2. Persons listed on a court order, and

3. Persons authorized to receive such information without a release or court order according to TCA 68-10-113.

Under no circumstances shall information identifying an employee with AIDS be released to the public.

INFECTION CONTROL

To prevent and manage exposure in the workplace, all school system employees will receive in-service training and education annually regarding HIV/AIDS and OSHA’s Blood-borne Pathogens Standard. The Board shall follow the most current Centers for Disease Control and Prevention (CDC) Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Blood-borne Pathogens in Health Care Settings.³

EDUCATION AND TRAINING

Annually, the Director of Schools shall ensure that all employees, including newly hired staff, receive current HIV training. These programs can utilize the educational/training resources of agencies or private institutions with personnel trained in the areas of HIV/AIDS prevention education.³

The Director of Schools shall be responsible for developing, revising and implementing the administrative guidelines and procedures for this policy. The Director of Schools shall be responsible for enforcing this policy by communicating it to all personnel and by providing necessary instruction to all administrators.

___________________________________

Legal References:

1. TCA 68-10-113
2. 20 USC 1232(g); 29 CFR § 1630.13(b)
3. State Board of Education Policy No. 5.300, HIV/AIDS Policy for Employees and Students of Tennessee Public Schools Revised, August 18, 2005

Issued Date:  12/13/12

Rescinds:  11/01/95

Issued:  11/01/95

All schools shall provide a sanitary environment and shall establish routines for handling body fluids that are recommended by appropriate health professionals.

All school district personnel shall be advised of routine procedures to follow in handling body fluids. These procedures shall provide simple and effective precautions against transmission of diseases to persons potentially exposed to the blood or body fluids of another. These procedures shall be standard health and safety practices. No distinction shall be made between body fluids from individuals with a known disease and individuals without symptoms or with an undiagnosed disease.

The administration shall develop, in consultation with medical personnel, a regulation to be distributed to all staff. Training and appropriate supplies shall be available to all personnel including those involved in transportation and custodial services.

In addition to insuring that these health and safety practices are carried out on a district wide basis, special emphasis shall be placed in those areas of school district operation that potentially present a greater need for these precautions.

CONFIDENTIALITY AND NON-DISCRIMINATION

In all instances, district personnel shall respect the individual’s right to privacy and treat any medical diagnosis as confidential information. The Director shall initiate procedures to insure that all medical information will be held in strict confidence. Any school staff member who violates confidentiality shall be subject to appropriate disciplinary measures.

Under no circumstances shall information identifying an employee with HBV be released to the public.

SAFETY

Employees who are at high-risk of occupational exposure shall be identified and provided with personal protective equipment, including HBV vaccinations. Employees considered to be at high risk shall include custodians, school nurses, special education teachers and instructional assistants, playground supervisors, coaches and physical education teachers.

When any employee is known to have been exposed to HBV on the job site, the employee will be notified immediately, and the Board shall provide vaccinations.

The principal will ensure that an accident report is filed for all accidents. The report will include the employee’s name, date of the accident, an explanation of the accident and the care used in treating the individual. These reports will be kept on file in the principal’s office for a minimum of one (1) year.

EDUCATION AND UNIVERSAL PRECAUTIONS

HBV education, including universal precautions on handling blood and other body fluids, will be provided to all school personnel and volunteers and may include members of the Board.

_________________________________

Legal Reference:

1.  Code of Federal Regulation 1910-.103

Issued Date:  12/13/12

Rescinds:  08/09/01

Issued:  08/09/01

DAILY SCHEDULES

Teachers shall be on duty at least seven (7) hours each day (7 ½ hours if stockpiling is used), including a duty-free lunch period and additional time as the administrative organization requires. Additional time is interpreted to include faculty meetings, in-service programs, committee meetings, general meetings, conferences, school-sponsored activities, and other extra duties before and after school.¹

EXTRA DUTIES

Extra duties shall be fairly distributed among the staff.

At least one (1) principal, assistant principal or principal designee must be on the school grounds when a bus arrives and at least one (1) teacher must remain after the close of the school day until all buses depart. The principal/designee cannot be used more than 20% of the time, without the Director’s permission.

PLANNING TIME

Teachers shall be allotted a duty-free planning period of two and one-half (2 ½) hours each week to provide time for planning, preparation for effective teaching and attention to major program improvement.²

LEAVING CLASSROOM

Teachers shall not be called from their classroom, unit or area while students are under their immediate supervision for any purpose other than an emergency concerning the teacher’s immediate family or property or for purposes, as deemed by the principal, to be official school business needing immediate attention.

__________________________________

Legal References:

1. TRR/MS 0520-1-3-.03 (1).
2. TRR/MS 0520-1-3-.03 (4);TCA 49-1-302 (e) (2)

Issued Date:  11/01/95

Staff meetings shall be held in each school for the purpose of promoting school improvement and professional growth and may be conducted by the principal, teachers or committees.

All staff members are expected to attend all meetings called by the administration and all in-service programs designed to improve the total school, unless excused by the person calling the meeting.

Teachers’ meetings may include, but not be limited to:

1. Meetings of the entire staff of the school;
2. Meetings of teachers in the same subject area or on the same grade level;
3. System-wide in-service meetings; and
4. Committee meetings dealing with specific problems.

Coaches have the same responsibility to attend faculty meetings, in-service meetings, assemblies and other school activities as do other teachers. However, during the season of the sport to which the coach is assigned, he/she may be excused by the principal from meetings held after the close of the school day. It shall be responsibility of the coach to inquire of other teachers as to the content of meetings missed and to keep informed of activities going on in the school.

Issued Date:  12/13/12
 
Rescinds:  11/01/95
 
Issued:  11/01/95

 
A given professional position may require additional hours during evenings or other times when offices many be closed. Outside employment is regarded as employment for compensation which is not within the duties and responsibilities of the employee’s regular position with the school system.

An employee will not perform any duties related to an outside job during his/her regular working hours or during the additional time that the responsibilities of the position require, nor will an employee use any district facilities, equipment or materials in performing outside work.

When the periods of work are such that certain evenings, days or vacation periods are duty-free, the employee may use such off-duty time for the purposes of remuneration, provided all the following conditions are met:

1.  The work in no way interferes with the degree of effectiveness of his/her work in the school system;
2.  The work in no way reflects detrimentally upon the school system or its prestige;
3.  Such outside obligations do not prevent the individual from assuming duties required by the regular position; and
4.  The individual does not receive remuneration for work which is customarily within his/her regular position.¹

_______________________________

Legal Reference:

1. TCA 49-5-410.

Issued Date:  05/23/13

Rescinds:  11/01/95

Issued:  11/01/95

Any teacher may enter into an agreement with parents for tutoring children for a fee, before or after school hours but this practice must be limited to children other than those for whom the teacher is currently exercising teaching, administrative, or supervisory responsibility.¹

Fees shall be mutually agreed upon by the parent and the teacher.  The principal of the school and/or the Director of Schools or designee may, in their sole and absolute discretion, disallow the tutoring if it interferes with the teacher’s duties.

It is absolutely forbidden to require any student or participate in any paid tutoring or other enrichment program. 

School facilities shall not be used by any staff, employee, teacher, coach or sponsor for private pay except the academic tutoring permitted in this policy.

Use of school facilities shall not interfere in any way with the activities of the school, students, faculty, administration, or staff. 

Issued Date:  12/13/12

Rescinds:  11/01/95

Issued:  11/01/95

EMERGENCY LEAVE

An immediate supervisor may grant a certificated employee emergency leave during the workday for a sudden, unexpected occurrence demanding immediate attention. Leave shall be taken as personal leave,¹ sick leave or leave without pay. The employee who uses emergency leave shall confirm said leave on appropriate forms the day after returning to work.

Principals or administrative supervisors shall keep a tally of the amount of time individual employees are released under this policy and when the total time reaches one (1) day, the employee shall be charged with one (1) day of applicable leave.

JURY DUTY

When a teacher is summoned for jury duty, he/she shall appear in court and specify a seven (7) day period within twelve months that she will be available or jury duty.² The following procedures shall regulate the leave for jury duty for teachers:

1. The teacher shall present written evidence that he/she had been summoned to serve on a jury; and
2. The teacher shall be entitled to the usual compensation, less the amount paid by the court.³

COURT APPEARANCE

If a teacher appears in state court because of a personal interest, whether as a plaintiff, defendant or witness or voluntarily appears in behalf of family or friends, or when a teacher is required to appear in court either as a defendant or plaintiff in a civil case, personal leave or leave without pay shall be granted in accordance with the established board policies on leaves.

___________________________________

Legal References:

1. TCA 49-5-711; AGO 81-231.
2. TCA 22-1-103 (a) (3).
3. TCA 22-4-108.

Issued Date:  12/13/12

Rescinds:  08/13/98

Issued:  11/01/95

The time allowed for sick leave for professional personnel shall be one (1) day for each month employed during the school year and shall accumulate for an unlimited number of days.¹

Sick leave shall be defined as:  illness of a teacher from natural causes or accident, quarantine, or illness or death of a member of the immediate family of a teacher, including the teacher’s wife or husband, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law.²

A signed statement listing the cause of absence shall be provided by the employee on forms furnished by the Director and shall promptly be given to the immediate supervisor in support of all claims for sick leave pay. A falsified statement shall be grounds for dismissal.

A certificate from the physician on forms furnished by the Board may be required in support of any claim for sick leave pay.¹

The principal shall notify the Director’s office at once if an employee is sick beyond the limit of his/her sick leave accumulation. The substitute teacher, beyond this point, must have a certificate or permit and must be paid according to the state salary scale.

Permanent, cumulative sick leave records for each active professional employee shall be kept in the Director’s office.

A teacher, upon employment, may transfer his/her accumulated sick leave from anther Tennessee school system, provided that the Director of the system in which the accumulated leave was held provides notarized verification.¹

Sick leave for maternity purposes may be taken during the period of physical disability only.¹

A teacher may use up to thirty (30) days of accumulated sick leave for the adoption of a child. If both adoptive parents are teachers, only one parent may request leave. Written verification from the adoption agency or other entity handling the adoption shall be required before the leave is granted.¹

______________________________________

Legal References:

1. TCA 49-5-710.
2. TRR/MS 0520-1-2-.04 (2).

Issued Date:  01/24/13

Rescinds:  11/01/95

Issued:  11/01/95

Personal and professional leave shall be granted in accordance with laws of the State of Tennessee and rules and regulations of the State Board of Education.

Certified employees shall earn personnel and professional leave at the rate of one day for each half-year employed for a total of three (3) days per year. Any personal and professional leave remaining unused at the end of a year shall be credited to sick leave.¹

If, at the termination of services, any employee has been absent for more days than leave has been earned, an amount sufficient to cover the excess days shall be deducted from the employee’s final salary payment.

Subject to the following conditions, personal leave may be taken at the discretion of the employee:

1.  Except in emergency, each employee shall give the principal at least one day’s notice in writing of intent to take leave;

2.  The approval of the principal of the school shall be required:

A.  If more than ten percent (10%) of the teachers in any given school request its use on the same day;
B.  If requested during any prior established student examination period;
C.  If requested on the day immediately preceding or following a holiday or vacation period.
D.  If requested for days scheduled for Professional Development or in-service training according to a school calendar adopted by the local board of education prior to the commencement of the school year; or
E.  If the personal leave is requested for days scheduled for parent-teacher conferences, according to the school calendar adopted by the local Board of Education prior to the commencement of the school year.¹

Professional leave is a short, temporary absence for the purpose of attending workshops and other meetings relating to school business or serving on boards and commissions which meet during the daytime hours when appointed by a mayor, city council, county executive or county commission.²

Requests shall be submitted to the principal at least five (5) days prior to requested leave of absence.

In addition, certificated employees shall be granted leave to serve on any board or commission of the state when the appointment is made by the Governor or General Assembly. Such leave shall not be counted against any other accumulated leave credits. The employee shall notify the principal at least five (5) days prior to leave being taken.²

_________________________________

Legal References:

1. TCA 49-5-711; TRR/MS 0520-1-2-.04(3)
2. TCA 49-5-205.

Issued Date:  04/22/10

Rescinds:  11/01/95

Issued:  11/01/95

Any person holding a position requiring a license to teach shall be granted leave for military service, legislative service, maternity, adoption, recuperation of health, educational improvements or other sufficient reason without loss of accumulated leave credits, tenure status, or other fringe benefits. All leaves shall be requested in writing at least thirty (30) days in advance on forms provided by the Director of Schools. The 30-day notice may be waived or reduced by the Director of Schools upon submission of a certified statement by a physician. The application for leave forms shall require:

1. A description of the type of leave requested;
2. The requested dates for beginning and ending the leave; and
3. A statement of intent to return to the position from which leave is granted.

Each request must be acted upon by the Director of Schools. All leaves, except military leave, shall be from a specific date to a specific date. However, any leave may be extended by the Director of Schools upon written request from the teacher. Military leave shall be granted for whatever period may be required. The procedure and condition for extending a leave are the same as those used when originally requesting and granting the leave.

Positions vacated for less than twelve (12) months by teacher on leave shall be filled with an interim teacher while the teacher is on leave. If the teacher returns from leave within 12 months, the interim teacher shall relinquish the position. If the leave exceeds twelve (12) months, the teacher shall be placed in the same or a comparable position upon return.

Part-time leaves may be granted by the Director of Schools upon written request for the same conditions as for full-time leave.

Any teacher on leave, at least thirty (30) days prior to the date of return, notify the Director of Schools in writing if the teacher does not intend to return to the position from which the teacher in on leave. Failure to give such notice shall be breach of contract.¹ Any teacher on leave shall, at least thirty (30) days prior to the end of leave, give notice in writing of their intentions to return or not to return to employment within the system.

PAY AND BENEFITS

All leaves granted in conformance with this policy shall be without pay except as may be covered by sick leave in the case of maternity leaves. The Director shall keep the employee under any group health plan for the first twelve weeks of the leave after which time employees shall have the opportunity to continue participation, at their own expense, in group insurance plans subject to restrictions of the insuring carrier.

________________________________

Legal Reference:

1. TCA 49-5-702 through TCA 49-5-709.

Issued Date:  12/13/12

Rescinds:  11/01/95

Issued:  11/01/95

A leave of absence without pay of up to two (2) years shall be granted to any teacher, upon application, for the purpose of engaging in study at an accredited college or university reasonably related to professional responsibilities. Upon return from such leave, the teacher shall be placed at the same position on the salary schedule and maintain the same benefits as he/she would have accrued had he/she taught in the school system during such period. (If not contrary to state law).

Issued Date:  07/25/13

Rescinds:  01/24/13

Issued:  08/09/01

PURPOSE

To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health condition.

Anyone who has been employed for at least twelve (12) months by the school system or anyone who has at least 1,250 hours of service (hours used for leave, even FMLA leave, shall not be credited for services for purposes of FMLA eligibility¹) during the previous twelve month period.²

GENERAL PRINCIPALS

1. Any employee shall be granted, upon request, up to twelve (12) weeks unpaid leave for the birth or adoption of a child or the care of a child, spouse, or parent who has a serious health condition or for qualifying exigencies arising out of the fact that the employee’s spouse, child or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. (Any employee requesting leave due to pregnancy, childbirth, or adoption shall be granted up to four (4) months leave)³.
2. Any employee on maternity leave shall be permitted to use accumulated sick leave during the period of actual physical disability only. Otherwise, the maternity leave shall be unpaid leave. A teacher may use up to thirty (30) days of accumulated sick leave for adoption of a child. If both adoptive parents are teachers, only one parent may request leave. Written verification from the adoptive agency or other entity handling the adoption shall be required before the leave is granted.⁴
3. A physician’s statement may be required by the director of school when determining the period of actual physical disability.⁵
4. Request for leaves and extension of leaves shall conform to state law governing all leaves of absence. 

QUALIFYING EXIGENCIES

Qualifying exigencies includes:

Issues arising from a covered military member’s short notice deployment (i.e. less days of notice) for a period of seven days from the date of notification;

Military events and related activities, such as official ceremonies, programs or events sponsored by the military or family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member;

Making or updating financial and legal arrangements to address a covered military member’s absence;

Attending counseling provided by someone other than a health care provider for oneself, the covered military member, or the child of the covered military member, the need for which arises from the active duty or call to active duty status of the covered military member;

Taking up to five days of leave to spend time with a covered military member who is on short term temporary, rest and recuperation leave during deployment;

Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status, and addressing issues arising from the death of a covered military member;

Any other event that the employee and the employer agree is a qualifying exigency.

MILITARY CAREGIVER LEAVE

An eligible employee who is a spouse, child, parent, or next of kin of a covered service member with a serious injury or illness shall be granted up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the service member.  A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.  A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating.  The “single 12 month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the employer for other types of FMLA leave.  An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.”

RESTRICTIONS

1.  For foreseeable leave, the employee shall provide the director of schools with at least thirty (30) days written notice before the beginning of the anticipated leave.

2.  The director may require that request for leave be supported by certification issued by a health care provider with the following information.              

a.  the date on which the serious health condition commenced;
b.  the probable duration of the condition;
c.  the appropriate medial facts within the knowledge of the health care provider regarding the condition; and
d.  a statement that the eligible employee is needed to care for the son, daughter, spouse or parent and an estimate of the amount of time that such employee is needed.

3. If there is any reason to doubt the validity of the certification provided, the Director may require, at the expense of the school system, an opinion of a second health care provider
 
4. Once, it has been established that the leave requested qualified for FMLA, the Director of Schools/designee shall notify the employee within two (2) business days (absent extenuating circumstances) that—

Any leave pursuant to state leave statues (paid vacation leave, personal leave, sick leave or worker’s compensation shall run concurrently with FMLA leave.⁶

The notice may be given orally or in writing. If the notice is oral, it shall be confirmed in writing, no later than the following pay day.⁷

Any employee requesting leave under the Family & Medical Leave Act shall include in the leave any applicable accumulated sick leave.

5. Intermittent Leave-When a licensed employee requests foreseeable leave for planned medical treatment and the employee would be on leave for greater than 20% of the total number of working days in the period during which the leave would extend, the school may require that such employees elect either to take the leave for periods of a particular duration, not to exceed the duration of the planned medical treatment or to transfer temporarily to an available alternative position offered by the school system for which the employee is qualified, and that has equivalent pay and benefits and better accommodates recurring periods of leave.

6. Period near the end of an Academic Term (Professional employees)-If leave is taken more than five (5) weeks prior to the end of the term, the Director of Schools may require the employee to continue taking leave until the end of the term if the leave is at least three (3) weeks of duration and the return of employment would occur during the three (3) week period before the end of the term. If the leave is taken five (5) weeks prior to the end of the term, the Board may require the employee to continue taking leave until the end of the term if the leave is greater than two (2) weeks duration and the return to employment would occur during the two (2) week periods before the end of the term.

7. Spouse employed by the same employer are limited to a combined total of 26 workweeks in a “single 12-month period” if the leave is to care for a covered service member with a serious injury or illness, for the birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has a serious health condition.

REQUIREMENTS OF THE BOARD

1.  The employee shall be restored to the same position of employment or an equivalent position with no loss of benefits, pay or other terms of employment.

2.  The employee shall be kept under any group health plan for the duration of the leave.

3.  The Board may recover the premium paid under the following conditions:

a.  The employee fails to return from leave after the period of leave has expired.
b.  The employee fails to return to work for a reason other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the control of the employee.

___________________________

Legal References:

1. Hinson v. Techumseh Products Co. 234 F. 3d 1268, 6th Cir. (2000)
2. Federal Family and Medical Leave Act 1993
3. TCA 49-5-702; TCA 4-21-408
4. TCA 49-5-710
5. TCA 49-5-704
6. 29 CFR § 825.208
7. OP Tenn. Atty Gen 94-006 (Jan. 13, 1994);   Plant v. Morton International, Inc. 212 F. 3d 929, 6th Cir. (2000)

Issued Date:  10/23/08

Rescinds:  02/29/08

Issued:  02/29/08

Employees who are members of any reserve component of the Armed Forces of the United States shall be granted leave of absence for all periods of military service during which they are engaged in the performance of duty or training in the service of the state or the United States.¹ Reservists who anticipate military duty during the school year must give written notice to the director of schools, within thirty (30) days of the beginning of the school year, of the dates of the anticipated duty. While performing such duty or training, the employee shall be paid his/her regular salary up to a maximum of twenty (20) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty.² An employee called to active duty by the governor to enforce the laws, of the state shall be paid his/her regular salary for such time as he/she is engaged in the performance of his/her duty, and any time spent in active state duty shall not count against the fifteen-day period of leave allowed for military service.³

Request for leaves and extension of leaves shall conform to state law and board policy governing all leaves of absence. Failure to comply with applicable laws and policies shall constitute grounds for dismissal.

The employee shall supply a copy of the orders for duty, including the dates of departure and return it to the director of schools prior to, or simultaneous with, requesting leave.

___________________________

Legal References:

1. 38 U.S.C.A. § 2024(d)

2. TCA 8-33-109; TCA 49-5-702 (a)

3. TCA 58-1-106(d); TCA 58-1-109

Issued Date:  12/13/12

Rescinds:  11/01/95

Issued:  11/01/95

Certificated employees who have been elected to state or local law-making bodies shall be granted personal leave or leave without pay for the time those law-making bodies are in official session or while attending meetings outside the session.¹

In addition, certificated employees shall be granted leave to serve on any board or commission of the state when the appointment is made by the Governor or General Assembly. Such leave shall not be counted against any other accumulated leave credits. The employee shall notify the principal at least five (5) days prior to leave being taken.²

____________________________

Legal References:

1. TCA 49-5-702; TCA 49-5-713.
2. TCA 49-5-205.

Issued Date:  01/24/13

Rescinds:  11/01/95

Issued:  11/01/95

A teacher who is absent from assigned duties as a result of personal injury caused by physical assault or other violent criminal acts committed in the course of the teacher’s employment or activities shall receive workers compensation or comparable benefits without loss of accumulated or granted sick, personal or professional leave.¹

A signed statement listing the cause of the absence shall be provided by the employee on forms furnished by the Director and shall promptly be given to the immediate supervisor in support of all claims. A certificate from the physician on forms furnished by the Director may also be required to verify the extent of the injury.²

 __________________________

Legal References:

1. TCA 49-5-710 (a) (8)
2. TCA 49-5-710 (a) (7) (8)

Issued Date: 06/25/20

In light of the COVID-19 epidemic, the recently-implemented federal Families First Coronavirus Response Act (“FFCRA”), and Warren County School District’s commitment to the safety and well-being of its employees and other members of the community, the district has adopted this temporary Emergency Paid Sick Leave (“EPSL”) and Emergency Family and Medical Leave Act (“EFMLA”) Policy (the “Policy”).  The Act and this policy is effective from April 1, 2020 and will expire with the sunset of the law no later than December 31, 2020.

The FFCRA provides two separate benefits to eligible employees during this unprecedented time, benefits under the new Emergency Paid Sick Leave Act and under an emergency expansion to the Family and Medical Leave Act (“EFMLA”).  

Emergency Paid Sick Leave Act (EPSLA)

Employees may take a paid leave of absence, up to a maximum of two weeks of paid sick leave in addition to other paid leave provided by the district to the employee, subject to the terms and conditions outlined below.

A.  Eligibility: All employees are eligible for EPSL between April 1, 2020 and December 31, 2020.  Employees who work 40 or more hours per week are eligible for 80 hours of EPSL.  Employees who work fewer than 40 hours per week are entitled to a pro-rated amount of EPSL based on the average number of hours the employee works during a two-week period (e.g., if a part-time employee works 48 hours during a normal two-week period, they will be eligible for up to 48 hours of EPSL).
For an employee whose schedule varies from week to week to such an extent that the Company is unable to determine with certainty the number of hours the employee would have worked if the employee had not taken EPSL, the employee’s EPSL entitlement will be based on the average number of hours the employee worked, including hours taken for leave, over a two week period (defined as fourteen calendar days) during the six-month period ending on the date on which the employee takes EPSL. Alternatively, if the employee has not worked for the Company for a full six months prior to taking EPSL, the employee shall receive an amount of EPSL equivalent to 2 times the expected number of hours that the employee and the Company agreed at the time of hiring that the employee would work each work week (or 14 times the expected number of hours that the employee and the Company agreed at the time of hiring that the employee would work each work day), or in the absence of such an agreement, an amount equal to fourteen times the average number of hours per calendar day that the employee was scheduled to work over the entire period of employment, including hours for which the employee took leave of any type.
EPSL to which an employee is entitled under this Policy is in addition to any other paid leave to which the employee is entitled under the district’s policies or applicable state law. An employee will not be required to exhaust any other paid leave to which the employee is entitled under applicable state law or Company policy before using EPSL.

B.  Reasons for Emergency Paid Sick Leave:  An employee may use this EPSL if the employee is unable to work or telework because:
1.    The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
2.    The employee has been advised by a health-care provider to self-quarantine because of COVID-19 concerns;
3.    The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
4.    employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or who has been advised by a health provider to self-quarantine due to concerns related to COVID-19;

1.    “Individual” means an immediate family member, roommate or similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she self-quarantined or was quarantined. Additionally, the individual being cared for must: a) be subject to a federal, state or local quarantine or isolation order as described above; or b) have been advised by a health care provider to self-quarantine based on a belief that he or she has COVID-19, may have COVID-19 or is particularly vulnerable to COVID-19.

5.    The employee is caring for the employee’s child because the child’s school or place of childcare has been closed, or the child’s child care provider is unavailable, due to COVID-19 precautions;

1.    “Child” means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability.

6.    The employee is experiencing any other substantially similar condition as may be specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor.*

C.  Calculation of Rate of Pay During EPSL:  Employees will receive their full pay (not to exceed $511 per day and $5,110 in the aggregate) during any period of EPSL that is taken for a use described in Paragraph 1, 2, or 3 of Section B of this Policy. Employees will receive 2/3 of their regular rate of pay (not to exceed $200 per day and $2,000 in the aggregate) during any period of EPSL that is taken for a use described in Paragraph 4, 5, or 6 of Section B of this Policy.  Employees may be eligible for additional leave for reasons under Paragraph 5 of Section B under the Families First Coronavirus Response Act emergency expanded family and medical leave. Employees should review to the Emergency Family and Medical Leave Act Expansion Policy for more information regarding Expanded Family and Medical Leave.
D.  Increments and Intermittent Use of EPSL:  When teleworking, employees may take EPSL intermittently or on a reduced schedule basis if the district agrees. The district will be flexible in scheduling EPSL on an intermittent or reduced schedule basis whenever possible.
If an employee is unable to telework, the employee may only take intermittent leave for reason 5 in Section B above, to care for the employee’s child when the school or place of care is closed, or the childcare provider is unavailable due to COVID-19-related reasons. As all other reasons for EPSL could potentially expose others in the workplace to COVID-19, employees are required to continue to take EPSL each day until the employee either uses the full amount of EPSL or no longer has a qualifying reason for taking EPSL.
E.  Request to use EPSL: An employee who seeks to use this EPSL shall request such leave in writing to the Human Resources Department, stating the reason the leave is requested. A form for requesting leave under this Policy will be available from the Human Resources Department.
Documentation supporting the need for leave must be included with the request for leave, such as:

•    A copy of the federal, state or local quarantine or isolation order related to COVID-19 applicable to the employee, or the name of the government entity that issued the order.
•    Written documentation from a health care provider advising the employee to self-quarantine due to concerns related to COVID-19, or the name of the provider who advised the employee to self-quarantine.
•    The name of the individual for whom the employee is taking leave to care who is subject to a quarantine or isolation order or is advised to self-quarantine, and the relationship between the employee and such individual.
•    The name and age of the child or children being cared for; the name of the school, place of care, or child care provider that closed or became unavailable; and a statement that no other suitable person is available to care for the child during the period of requested leave.

o    For children over age 14, a statement indicating the special circumstances that require the employee to provide care during daylight hours.

F.  Reasonable Notice: After the first workday (or portion thereof) an employee receives EPSL under this Policy, the district may, in its sole discretion, require the employee to provide reasonable notice of the need for additional EPSL in order to continue receiving such EPSL.
G.  Termination of the Need for EPSL: Once the reason for which the employee took EPSL has concluded, the employee shall return to work on the employee’s next regularly scheduled workday or shift.
H.  Return to Work: Prior to returning to work from EPSL, employees will be required to complete a Confidential Health Form, certifying that the employee does not present a risk of spreading COVID-19 in the workplace.
I.  Carryover: This EPSL will not carry over to the following calendar year and is in addition to any paid sick leave currently provided by the Company.
J.  Overtime: Any hours taken as EPSL do not count as hours worked for purposes of calculating an employee’s entitlement to overtime.
K.  No Need for Replacement Employee: Employees who take EPSL are not required to search for or find a replacement employee to cover the hours during which the employee is using EPSL.
L.  Termination of Employment: If an employee’s employment should end for any reason, any unused EPSL will not be paid out as wages upon termination, and shall be forfeited by the employee.
M.  Coordination with Other Laws: The district will comply with any and all applicable federal and state laws enacted to address the COVID-19 virus, and this Policy is drafted to coincide with the FFCRA.  In the event of any conflict between this Policy and the FFCRA, any federal regulations or guidance related to the FFCRA, or any other paid sick leave laws passed in response to COVID-19, the terms of the applicable state or federal legislation that conflicts with or supersedes this Policy shall control.
 
*The U.S. Department of Health and Human Services (HHS) has not yet identified any “substantially similar condition” that would allow an employee to take paid sick leave.

Emergency Family and Medical Leave Act (“EFMLA”)

Eligibility Emergency family and medical leave is available to all employees that have been employed by the district for at least 30 calendar days.

Eligible employees may take a total of 12 workweeks for traditional FMLA or EFMLA during a 12-month period.  Accordingly, eligibility for EFLMA leave depends on how much traditional FMLA an employee has already taken during the previous 12-month period.  If an employee has taken some, but not all, of the 12 workweeks FMLA leave during the previous 12-month period, he or she may be eligible to take the remaining portion of leave available. However, if he/she has already taken 12 workweeks of traditional FMLA leave during that 12-month period, he/she is not entitled to take any additional EFMLA leave.

Reasons for Leave  Leave under this policy is limited to circumstances where you are unable to work(including telework) due to your need to care for your minor child because the child’s school or place of childcare has been closed or is unavailable due to a public health emergency.

For the purposes of this policy, a “child” is a person who is 18 years of age or younger or 18 years of age or older and incapable of serf-care because of a mental or physical disability.

Generally, an employee is not allowed to take leave under this policy if another suitable individual, such as a co-parent, co-guardian, or the usual child care provide, is available to provide the care the employee’s child needs.

Intermittent Leave  Leave under this policy may be taken on an intermittent basis only (1) when an employee teleworks or (2) when an employee reports to a worksite and the reason for leave is due to the closure of the employee’s child’s school or place of care or child care provider being unavailable.

Intermittent work (and increments of leave that will be taken under this Policy) need to be agreed upon in writing by the employee and the district.

Requesting Leave Employees who feel that they may need to take EFMLA leave must provide notice to their supervisor or human resources as soon as possible.
Employees requesting leave will be required to complete the district prescribed form provided by human resources.

Compensation The first 10 days (2 weeks) of leave under this policy are unpaid, but employees may substitute any already accrued paid leave, including emergency paid sick leave that they may have available. Employees are required to use any accrued paid leave during the 10-day period.
The remaining 10 weeks are paid at 2/3 of an employee’s regular rate for the number of hours they would otherwise be scheduled to work (with a maximum payment of $200 per day and $10,000 total).

Job Restoration Upon returning to work at the end of leave, employees will generally be placed in their original job or an equivalent job with equivalent pay and benefits. Employees will not lose any benefits that accrued before leave was taken.

Retaliation The district will not retaliate against employees who request or take leave in accordance with this policy.

Effective Date and Expiration: This Policy is effective as of April 1, 2020 and any rights to EPSL shall expire on December 31, 2020, or earlier upon such notice from the district.

Issued Date: 3/29/21

Rescinds: 1/5/21

Original Issued: 1/5/21

In light of the COVID-19 epidemic, the enactment of the federal Families First Coronavirus Response Act (“FFCRA”), and Warren County School District’s commitment to the safety and well-being of its employees and other members of the community, the district adopted Policy GBRIG in compliance with the temporary Emergency Paid Sick Leave (“EPSL”) and Emergency Family and Medical Leave Act (“EFMLA”) Policy (the “Policy”).  The FFCRA and policy GBRIG expired with the sunset of the law on December 31, 2020. 

COVID-19 continues to affect employees in our district. The board acknowledges that although some employees did not exhaust EPSL or EFMLA under FFCRA which expired on December 31, 2020, those employees may still contract or otherwise be affected by COVID-19 during the first quarter of 2021.  As a result, the board wishes to authorize and voluntarily provide paid emergency COVID-related sick leave to eligible employees who have not exhausted paid sick leave under GBRIG.  Leave will be provided for the qualifying reasons listed below which occur between January 1, 2021 and May 27, 2021 (extended by Board of Education on 3/29/21). COVID-related sick leave paid pursuant to this policy shall not be deducted from the employee’s earned sick days. 

INTERPLAY WITH FORMER POLICY GBRIG (expired 12-31-21)

Employees who have exhausted all of the COVID paid sick leave provided under GBRIC shall not be eligible for additional leave days under this policy. Employees who have exhausted only part of the COVID paid sick leave provided under GBRIC shall only be eligible for an amount of leave under this policy which will not cause the total leave amount under the combined policies to exceed a cumulative total of 10 days. For purposes of this policy, a day is defined as the number of hours an employee normally works in a typical workday. Example: An employee who used 2 days of paid COVID sick leave under GBRIC will be eligible for up to 8 days of paid COVID-related sick leave under this policy, regardless of whether their regular workday is 7.5 hours or 4 hours. 

REASONS FOR ELIGIBILITY FOR PAID COVID-RELATED SICK LEAVE UNDER THIS POLICY
Employees are entitled to up to 10 days of paid sick leave between January 1, 2021 and May 27, 2021 (extended by Board of Education on 3/29/21). if they are unable to work or telework because the employee:
1.    Is subject to a federal, state or local quarantine or isolation order related to COVID-19;
2.    Has been advised by a health care provider to self-quarantine related to COVID-19; or
3.    Is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
RATE OF PAY Employees will receive their full pay (not to exceed $511 per day and $5,110 in the aggregate) for any day taken under this policy.  

INTERMITTENT USE When teleworking, employees may take COVID-related paid sick leave intermittently or on a reduced schedule basis if the district agrees. However, if teleworking is not available and if the employee’s reason for taking COVID-related paid sick leave could potentially expose others in the workplace, the employee is required to continue to take COVID-related paid sick leave each day until the employee either exhausts COVID-related paid sick leave or no longer has a qualifying reason for taking it.

REQUEST TO USE ECAP: An employee who seeks to use this ECAP shall request such leave in writing to the Human Resources Department, stating the reason the leave is requested. A form for requesting leave under this Policy will be available from the Human Resources Department.

Documentation supporting the need for leave must be included with the request for leave, such as:
•    A copy of the federal, state or local quarantine or isolation order related to COVID-19 applicable to the employee, or the name of the government entity that issued the order.
•    Written documentation from a health care provider advising the employee to self-quarantine due to concerns related to COVID-19, or the name of the provider who advised the employee to isolate due to COVID-19 or documentation of a positive test result for the affected employee.

REASONABLE NOTICE: After the first workday (or portion thereof) an employee receives ECAP under this Policy, the district may, in its sole discretion, require the employee to provide reasonable notice of the need for additional ECAP in order to continue receiving this leave.

Termination of the Need for ECAP: Once the reason for which the employee took has concluded, the employee shall return to work on the employee’s next regularly scheduled workday or shift.

Return to Work: Prior to returning to work from ECAP, employees will be required to complete a Confidential Health Form, certifying that the employee does not present a risk of spreading COVID-19 in the workplace.

Carryover: This ECAP will not carry over and is in addition to any paid sick leave currently provided by the Company.

Overtime: Any hours taken as ECAP do not count as hours worked for purposes of calculating an employee’s entitlement to overtime.

Termination of Employment: If an employee’s employment should end for any reason, any unused ECAP will not be paid out as wages upon termination, and shall be forfeited by the employee.

Coordination with Other Laws and Policies: The district will comply with any and all applicable federal and state laws enacted to address the COVID-19 virus, In the event of any conflict between this policy and any federal regulations or guidance COVID related guidance or any other paid sick leave laws passed in response to COVID-19, the terms of the applicable state or federal legislation that conflicts with or supersedes this Policy shall control.

Retaliation: The district shall not retaliate against employees who request or take leave in accordance with this policy.

Effective Date and Expiration: This Policy is effective as of January 1, 2021 and any rights to ECAP shall expire on May 27, 2021 (extended by Board of Education on 3/29/21). or earlier upon such notice from the district, unless otherwise expressly extended by the board.

Issued Date:  01/24/13

Rescinds:  07/27/00

Issued:  11/01/95

Substitute teachers are those teachers used to replace teachers on leave or to fill temporary vacancies.^1,2 All substitute teachers shall be employed and paid by contracted services.

When a teacher is unable to meet with classes for any reason, he/she shall notify the contracted agent.

Substitute teachers shall assume the same responsibilities and have the same authority as the regular teacher, including bus duty and playground supervision.

When substituting for a regular teacher who has been absent for twenty (20) consecutive days, a substitute teacher must possess a teaching certificate with endorsement in the discipline(s) to be taught.³ When substituting for a teacher without sick leave, the substitute shall be certified and paid according to the state salary schedule.¹

Retired teachers may substitute one hundred (100) days per year without loss of retirement benefits,1 and may substitute for additional one hundred (100) days if the Director certifies in writing to the State Board of Education that no other qualified personnel are available to substitute teach.⁴

All teacher aides, secretaries and clerks are approved substitute teachers for use in emergency situations. Emergency use shall be defined as less than a full day due to the regular or substitute teacher being unable to arrive one time or remain for the full day.

Such substitutes shall receive the proportionate equivalent salary regular substitute teachers would receive under similar circumstances or their regular salary, if higher; however, they shall not receive pay for both positions at the same time.

In order to make the work of the substitute teacher as satisfactory as possible, the regular teacher shall make available:

1. Daily schedule (academic and supervisory);
2. Class rolls; and
3. Lesson plans and other information for the day’s activities. In case of emergency when plans are not provided, the principal shall provide the substitute with directions for the day.

Substitute teachers will be advised of the state and federal mandates requiring confidentiality of student records and information.  Substitute teachers shall receive student records only on a need to know basis. Any confidential student information and/or records shall be kept in strict confidence by all substitutes. ⁵

__________________________

Legal References:

1.  TRR/MS 0520-1-2-.04(5).
2.  TCA 49-5-709.
3.  TCA 49-3-312 (c); TRR/MS 0520-1-2-.04 (5) (b).
4.  TCA 8-36-805.
5.  TCA 10-7-504(4) ; U.S.C.A. Sec 1232g

Issued Date:  10/10/96

Rescinds:  09/12/96

Issued:  09/12/96

To clarify the time frames for the length of various contracts with the Warren County Board of Education, the following calendar shall be used:

For 200 day contracts (Ten, twenty day months)

180 instructional days

1 parent-teacher conference day

5 in-service days

4 other days (designed by the Board of Education)

10 vacation days

200 total days (100% pay)

These days shall be based on the accountability report of 200 days approved by the State Department of Education.

For 220 day contracts (Eleven, twenty day months)

180 instructional days

1 parent-teacher conference day

5 in-service days

4 other days (designated by the Board of Education)

11 vacation days

19 other employed days

220 total days (110% pay)

The base 200 days shall be the days approved by the State Department of Education on the accountability report of 200 days. The additional 20 days shall consist of 1 vacation day and 19 extra employed days. These 19 days shall be designated as the first 10 working days after school is out and 9 days preceding the system-wide in-service (or first day of school is there is no in-service).

For 240 day contracts (Twelve, twenty day months)

180 instructional days

1 parent-teacher conference day

5 in-service days

4 other days (designated by the Board of Education)

12 vacation days

38 other employed days

240 total days (120% pay)

The base 200 days shall be the days approved by the State Department of Education on the accountability report of 200 days. The additional 40 days shall consist of 2 vacation days and 38 extra employed days. These 38 days shall be designated as the first 19 working days after school is out and the 19 days preceding the system-wide in-service if there is no in-service).

If the Board of Education decides to offer year round employment, the following calendar shall be used:

180 instructional days

1 parent-teacher conference day

5 in-service days

4 other days

13 vacation days

57 other employed days

260 total days (130% pay)

The base 200 days shall be the days approved by the State Department of Education on the accountability report of 200 days. The additional 60 days shall consist of 3 vacation days and 57 extra employed days. These 57 days shall be designated as the days school is not in session in the summer, excluding paid Board of Education holidays. The employee shall be paid for these holidays.

Note 1:  If the calendar for an employee needs to be adjusted (e.g. in-service during the contracted period) the employee will be allowed to work during the non-contracted days to make up the time. This change must be approved by the Director.

Note 2:  Extended Contract time can be done during the non-contracted period with the approval of the Director.

Note 3:  Leave forms shall be submitted to the Director for anytime absent during the contract time. (Example-sick leave, personal, vacation)

This starts as of September 15 and any days awarded for vacation will be as of this date. They are not for prior years unless documented by the person that actually has these days.

Vacation days earned in current school year must be used by December 31 of the following year.

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

The support staff members are personnel whose regular employment status does not require certification in accordance with rules and regulations of the State Department of Education. Support personnel include the following employees:  Administrative assistants, bookkeepers, budget managers, cafeteria employees, clerks, custodian services, health services, instructional assistants, maintenance employees, secretaries and transportation employees.

Issued Date:  09/22/11

Rescinds:  07/27/00

Issued:  11/01/95

All support personnel are classified employees and are employed at the will of the Director of School. Such employees have no expectation of continued employment with the school system.

Each employee will be paid the salary for which he/she qualifies by reason of assignment as approved by the Board.

Salaries of all employees, including substitute and supplemental pay, shall be paid by the Board.¹ No payment to any employee for service performed on behalf of the school system shall be made from any other source other than the Board or contracted agent.

Salaries and supplements may be paid from revenue derived from sources other than taxes, provided the revenue is deposited with and salaries paid through the Board. Included are donations or contributions from individual, civic or other non-school related sources or funds from individual school activity funds, such as gate receipts and concessions.²

_________________________________

Legal References:

1.  TCA 49-5-709 (a); TCA 49-2-203 (a)(3)
2.  TCA 49-6-2006; Tennessee Internal School Financial Management Manual, Section 5, Title 2 and Section 5, Title 5

Issued Date:  09/22/11

Rescinds:  07/27/00

Issued:  11/01/95

The authorization of support personnel positions and the filling of such positions rest with the Director. Identification of personnel needs shall be the responsibility of the director, supervisors, and building principal.¹

Opportunity for employment, as well as continuation and advancement in employment, shall be afforded equally to members of all races, creeds, colors, sexes, religions, ages, national origins, and individuals with disabilities or veteran status with regard only for qualifications for the positions involved.^2,3  Employees shall be selected, retained and promoted on the basis of fitness for the position and merit.

Classified employees are employed at the will of the Director of Schools and have no expectation of continued employment with the school system.

APPLICATION

An individual desiring a position with the system shall make application through the Director on forms approved by the Board.

No person shall be employed:

1. Who has any contagious or communicable disease in such form that might endanger the health of school children;⁴
2. Who is not a citizen of the United State of America, or has not complied with the Immigration Reform and Control Act of 1986;⁵ or
3. Who fails to make a full disclosure of any prior criminal records and any prior dismissals from employment for cause.
    

RECOMMENDATION

After checking references and receiving written recommendations from principals and/or supervisors, the Director of Schools shall employ personnel as an at-will employee.

____________________________

Legal References:

1. TCA 49-2-301; Howard v. Bogart 575 S.W. 2d 281 (1979).
2. U.S. Constitution, Amendment XIV, Civil Right Acts of 1964; Title VI, Civil Rights Act of 1964; Title IX Education Amendments of 1972; Age Discrimination Act of 1967; Section 504 of Rehabilitation Act of 1973
3. Public Law 101-336; 42 L.S.C. 12101
4. TCA 49-2-203 (b) (2); TRR/MS 0520-1-3-.08 (2) (f).
5. Immigration Reform and Control Act of 1986.

Issued Date:  07/27/00

The Director of Schools shall assign and reassign support personnel based upon needs within the school system, the welfare of students and the qualifications and preference of the employee.

A schedule will be developed by each employee’s immediate supervisor.

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

Support personnel shall be supervised by the person designated on the approved job description.

The immediate supervisor and director of schools’ office share the responsibility for provided desirable orientation experience for newly hired employees. Periodic training sessions may be provided for employees or employee groups as deemed necessary.

The immediate supervisor has the responsibility of assigning specific duties and for giving guidance to the employee for the satisfactory performance of those duties as follows:

1. The school principal is the immediate supervisor of school secretaries, instructional assistants and custodians.
2. The transportation supervisor is the immediate supervisor of all bus personnel.
3. Maintenance personnel are under the immediate supervision of the maintenance supervisor.
4. Central office personnel are under the immediate supervision of the Director of Schools.
5. Cafeteria personnel are under the direction of the food service director.

Issued Date:  10/24/13

All classified employees of the of the Warren County Board of Education are under the authority of the Superintendent of Warren County Schools who may hire, direct and control, transfer, suspend or dismiss them in his sole discretion. No classified employee will be employed under a contract or have any expectation of continued employment.

Notwithstanding the Superintendent’ s broad authority to hire, direct and control, suspend or dismiss classified personnel, if the Superintendent elects to terminate a classified employee for any reason that would preclude future employment with the Warren County Department of Education or that might disqualify the employee from receiving unemployment benefits, then the Superintendent shall first re-quire the employee’ s supervisor to provide the employee with written notice that the Superintendent is considering terminating the employee for cause along with a summary of the allegations supporting termination. Within ten (10) days of the Superintendent's notice, the employee may request a meeting with the Superintendent to discuss the allegations.  The employee may refute the charges, request the Superintendent to impose some lesser discipline, or simply ask for an explanation of the Superintendent’s decision. At the Superintendent’s option, the Superintendent may require the employee's supervisor to be present and may permit the employee to bring witnesses to speak on the employee's behalf. After meeting with the employee, the Superintendent may conduct whatever additional investigation he/she deems necessary and appropriate. After the Superintendent believes he/she has investigated the charges against the employee and has heard the employee's position on the charges, the Superintendent shall render his decision in writing.  The Superintendent’s decision shall be final.

Issued Date:  09/22/11

Rescinds:  11/01/95

Issued:  11/01/95

When voluntary termination of employment occurs as a result of retirement or resignation.

Support personnel shall give the immediate supervisor written notice of resignation at least two (2) weeks (ten working days) in advance of the effective date of voluntary termination. The ten (10) working days may be waived by the Director for justifiable reason.

PROCEDURE

The immediate supervisor shall forward copies the day received to the Director’s office.

The payroll office will prepare final payment for the next appropriate scheduled pay day.

Issued Date:  11/01/95

All employees, prior to entering service, shall present a certificate showing a satisfactory health record.¹  Employees shall inform the superintendent whenever they contact a contagious or communicable disease.

No employee who has any communicable disease shall perform his duties in any location where such might endanger the health of school children. The Board shall require any employee to submit to a physical examination by a physician whenever there is reason to believe that the employee has any communicable disease.²

The Director shall reassign or suspend any employee who is suspected of having a communicable disease which might endanger the health of children, pending investigation and final disposition of the case before the Board.³

To assist the Board in making final disposition of the case, the Director may refer the case to the County Health Office, or other medical experts.

The Board shall consider the written report when determining the employment status of the employee.

ACQUIRED IMMUNE DEFICIENCY SYNDROME

(See policy GBRAA)

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Legal References:

1. TRR/MS 0520-1-3-.08 (2) (f).

2. TCA 49-2-203 (b) (2).

3. TCA 49-5-511.

Issued Date:  11/01/95

The school system shall comply with the Wage and Hour Regulations as administered by the U.S. Department of Labor. Actual hours worked are to be reported by each employee. No employee shall be at the job location unless so directed by the immediate supervisor.

WORK SCHEDULES

Supervisors shall prepare a daily work schedule both for school and non-school months. The daily schedule includes the time to begin work, lunch time and ending time.

Each employee is required to work according to his/her schedule unless there is an emergency. When an emergency arises, the immediate supervisor shall be notified as soon as possible.

All authorized overtime or time-on-the-job location not within the scheduled time must be approved by the immediate supervisor before the overtime occurs.

TIME RECORDS REQUIRED

Each employee covered by the Wage and Hour Law shall keep a time record of actual hours worked.

At the end of each reporting period, employees shall turn in time records to their immediate supervisor for approval. All time records will be forwarded to the payroll office for calculations.

LUNCH PERIODS

All employees covered by the Wage and Hour Law have at least thirty (30) minutes lunch period without pay. During this scheduled period, the employee shall be relieved of all duties of any nature.

EMPLOYEE CERTIFICATION THAT POLICY AND REGULATIONS HAVE BEEN READ

New employees shall be furnished a copy of this policy. Each employee shall read this policy or have it read to him/her and shall certify that the policy has been read and understood. A copy of this certification shall be on file before the first check is issued to a new employee.

EMPLOYEES NOT COVERED BY WAGE AND HOUR LAW

All employees are covered by the Wage and Hour Law except:

1. Students who work an hour or less per day;
2. Volunteer workers other than regular employees; and
3. Those set forth in the Fair Labor Standards Act as executives, administrative employees and professional (to include all certified personnel).

Issued Date:  03/26/15

Rescinds:  11/01/95

Issued:  11/01/95

The Board expects that employees will work in excess of standard hours when requested. When work in excess of   standard hours is required, non-exempt employees will be compensated for the unscheduled hours worked.

Extra Pay for Extra Hours Worked Not Exceeding Forty Hours per Workweek

Nonexempt employees who work in excess of their regular hours, but not more than forty (40) hours shall receive extra pay at their regular hourly rate.

Compensation Time Off Instead of Payment for Time Worked In Excess of 40 Hours/ Workweek

In accordance with the Fair Labor Standards Act, Warren County Board of Education grants nonexempt employees compensatory time off instead of payment for time work in excess of forty (40) hours in a workweek. Compensatory time will be granted at time and one-half for all time worked in excess of forty (40) hours. By acceptance of employment, employees agree to the acceptance of compensation time as payment for overtime hours worked in their primary job for the district.   

Compensation time accrues at the rate of one and one-half hours for each excess hour worked over 40 hours per week.  A non-exempt employee may not earn compensation time in excess of 240 hours (160 actual hours of actual overtime worked) at any given period. A non-exempt employee who earns the maximum 240 hours may not accrue additional comp time until the employee has used compensation time already earned.  Supervisors do not have authority to authorize compensation time exceeding 240 hours.

Accrued compensation time must be used by the non-exempt employee within a reasonable period of its accrual and before the December 31 of each year. However, employees may roll the equivalent to 6 days of compensation time over to the next calendar year.  An employee shall be permitted to use compensatory time on the date(s) requested unless doing so would “unduly disrupt” the school or district operations. Compensation time shall be used prior to using paid sick, personal or vacation days.   

Requirements for Approval of Overtime Work By Non-Exempt Employees

The following rules regarding overtime hours worked will be strictly enforced.

1.  Persons, who have been assigned to work overtime, shall be expected to report to work as scheduled. Employees shall be released from mandatory overtime, without fear of discipline, when then can provide a reasonable excuse e.g. Personal family emergency; personal or family health maintenance; important family function; weddings, etc. If there is doubt concerning the employee’s sincerity in offering such an excuse, the burden will rest with the employee.

Failure to abide by these rules shall not be tolerated and may subject an employee to discipline, up to and including termination.

2.  All overtime hours must be authorized by the supervisor and reported correctly on the employee’s time card to payroll.

Failure to abide by these rules shall not be tolerated and may subject an employee and/or his/her supervisor to discipline, up to and including termination.

Voluntary Non-approved Work by Nonexempt Employees is Forbidden

Under FLSA, work by a nonexempt employee which is permitted or suffered by the employer is considered compensable work time even if it is not approved. Nonexempt employees shall not voluntarily work additional hours without prior supervisor approval.  “Voluntary” overtime hours will not be suffered or permitted by a supervisor.  Permitting or “suffering” unapproved voluntary overtime hours by nonexempt employees may subject both the employee and the supervisor to discipline, up to and including termination.

Specifically:

1.  Nonexempt employees may not take work home or otherwise voluntarily work additional hours without prior approval from the appropriate supervisor.  Such approval must be limited and will typically be for one day due to unusual or special circumstances.
2.  Nonexempt employees may not voluntarily begin work early, or work after hours, to extend their workday for the purpose of accumulating compensation time.  Prior approval from the immediate supervisor is required for any adjustment to the work schedule.
3.  Lunch period is time set aside for eating.  The time is not considered part of the basic workday and no pay is earned during this period. A workday may not be shortened by “working through” or reducing the lunch period on a voluntary basis.  A nonexempt employee may not eliminate or reduce his/her lunch period without prior approval from the appropriate supervisor.  Such approvals must be limited and will typically be for one day due to unusual or special circumstances.  Working through the lunch period is not to be used as an on-going solution for scheduling issues.

Failure to abide by these rules shall not be tolerated and may subject an employee and/or his/her supervisor to discipline, up to and including termination. 

Issued Date:  11/01/95

EMPLOYMENT

Support personnel shall not be prohibited from holding employment outside the school system so long as such employment does not interfere with regular and overtime scheduled duties for the school system.

POLITICAL ACTIVITIES

Support personnel may, on their own time, campaign for or against any candidate or referendum, but they shall not use the schools for political forum not engage in any political promotion or solicitation during school hours. Noncompliance with these requirements shall be subject to disciplinary action.

Any employee who intends to campaign for an elective public office which infringes upon an employment agreement or work schedule shall present a proposed solution to the Board for consideration. The essential element to be determined by the Board is whether the activities proposed by the employee are consistent with services to the system and are in the best interest of education.

Issued Date:  07/27/00

Rescinds:  11/01/95

Issued:  11/01/95

COURT AND JURY DUTY

Support personnel called for jury duty or who serve as court witnesses shall present the subpoena or other documents which give reporting instructions to the immediate supervisor. The employee shall obtain a form indicating the days served and the court pay to be received from the court’s clerk for submitting to the payroll office. The employee shall receive the usual compensation less the amount paid by the court.¹

SICK LEAVE

Sick leave shall be defined the same for support personnel as for certificated personnel.

The time allowed (days earned) for sick leave shall be one (1) day for each month that employee is employed.

Sick leave shall be cumulative for all earned days not used to a maximum set by the Board. All unused sick leave accumulated by the employee shall be paid at the date of termination.

The immediate supervisor may require a physician’s certificate for any absence within the sick leave regulation. Frequent and misuse of sick leave by an individual is sufficient grounds for requiring a physician’s certificate stating the reason for absence.

FAMILY/MEDICAL LEAVE

Support personnel who have been employed in a full-time position for at least twelve (12) consecutive months shall be granted, upon request, up to twelve (12) weeks unpaid leave fore the birth or adoption of a child or the care of a child, spouse, or parent who has a serious health condition. (Any female on leave due to pregnancy and childbirth shall be granted at least four (4) months leave.² Employees may use sick leave during actual periods of physical disability due to pregnancy and childbirth.

Employees shall notify the Director at least thirty (30) days prior to any foreseeable leave. The Board may require that a request for leave be supported by certification issued by a health care provider. If there is any reason to double the validity of the certification provided, the Board may require, at the expense of the Board, an opinion of a second health care provider.

The Board will keep the employee under any group health plan for the duration of the leave and the employee shall be restored to the position of employment or an equivalent position with no loss of benefits, pay or other terms of employment.³

Any employee requesting leave under the Family and Medical Leave Act shall include in the leave any applicable accumulated sick leave.

The Board may recover the premium paid if the employee fails to return from leave after the period of leave has expired or if the employee fails to return to work for a reason other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the control of the employee.

MILITARY LEAVE

Military leave for support personnel shall be the same as for certificated employees.

______________________________________

Legal References:

1. TCA 22-4-108.

2. TCA 4-21-408.

3. Family & Medical Leave Act 1993.

Issued Date:  11/01/95

An employee injured in the course of his/her employment shall be granted occupational disability or injury leave, not charged against sick leave or vacation, for a maximum of two weeks. Additional days may be approved by the Warren County Board of Education.

When an employee is injured on the job, the job foreman or supervisor shall complete an accident report immediately on forms provided and submit the original to the departmental files. The Director will notify immediately the school board attorney and chairman of the Board of Education of any injury or death of an employee while engaged in his/her duties to the Warren County Board of Education.

Issued Date:  06/20/19

Rescinds:  06/26/14

Issued:  11/01/95

VACATIONS

Support personnel shall earn one (1) day of vacation time for each twenty (20) days of employment, not to exceed (12) days per year. The time of vacation must be approved by the Director and immediate supervisor. Vacation days earned in current school year must be used by December 31 of the following school year. However, up to a maximum of 3 vacation days unused by December 31 may be converted to sick days.  

HOLIDAYS

Support personnel, if on active payroll at the time, shall be entitled to the following paid holidays:

        July 4
        Labor Day
        Thanksgiving (2 days)
        Christmas Eve
        Christmas Day
        New Year’s Eve
        New Year’s Day
        Martin Luther King Jr. Day
        Memorial Day
        Presidents’ Day
        Good Friday
        Christmas shut down of schools and departments

Equivalent days, as approved by the Director of Schools, may be taken when these days fall on weekends or school is not in session.
        
While support personnel are entitled to be paid on the listed holidays, the Director, in his/her discretion, may approve pay for support personnel for other periods when the schools or system-wide offices are otherwise shut down at the direction of the Director of Schools.¹   Support personnel shall be considered “on call” during shut down periods and may be required to report to duty for regular or special projects or assignments during any shut down period in which they receive pay at the direction of the Director of Schools or their supervisor. 

_____________________
Legal References:

1.    Tennessee Code Annotated 49-2-301(FF).

Issued Date:  11/01/95

Substitute workers shall be paid from funds from the same account as the regular employee. The immediate supervisor of the absent employee shall secure the necessary substitute and make the necessary report to the proper authority. Pay for the substitute will be the minimum hourly wage according to the federal wage and hour laws.

Issued Date:  11/01/95

Student teachers shall be accepted or refused by either the principal or the cooperating teacher.

Student teachers will be expected to observe all rules and regulations established by the Board.

A student teacher shall be accorded the same protection of the laws as a certificated teacher and shall comply with all rules and regulations of the Board and observe all duties of teachers as set forth in state statute.

In addition, student teachers shall be required to fulfill all normal local responsibilities, both school and extracurricular, and shall familiarize themselves with the policies of the Board and the school.

No classroom student shall have more than one (1) student teacher per year in a given subject. Any exception to this policy must have prior approval from the Director.

The evaluation of a student teacher shall be based upon a joint agreement between the cooperating teacher and the student’s supervising teacher.

A student teacher may be asked to terminate his or her service upon the mutual consent of the principal, the cooperating teacher and the supervising teacher at any time during the term.

__________________________________

Legal Reference:

1.  TCA 49-5-403; 49-5-201.

Issued Date:  01/26/12

Any school system employee who is arrested, charged, indicted, bound over by or to a grand jury, convicted or enters a plea or who is nolle prosecuted (charges are dropped) for or to any crime or criminal offense in the state of Tennessee or elsewhere whether the crime or criminal offense is a felony or misdemeanor, shall report each and all of these events, occasions, or developments to their principal/supervisor within 72 hours after the arrest or legal action or immediately upon return to work, whichever comes first.

The employee will:

• Provide a verbal and written report of the circumstances surrounding the arrest;
• Provide a copy of the arrest citation, motor vehicle accident report or any other narrative explanation of the arrest generated by the arresting officer/jurisdiction;
• Disclose all subsequent facts relative to the charges, all court dates and the disposition of the matter within 24 hours after the information becomes available to the employee
• Cooperate fully with any school system investigation of the matter;

 
The principal/supervisor shall immediately forward this information to the Director of Human Resources and the Director of Schools. Be aware that failure to adhere to these directives may result in a determination that the employee has committed an act of insubordination and may be subject to disciplinary action.
 
This policy is not meant to include minor traffic violations such as speeding and parking tickets. A DUI/DWI charge would require reporting.  While a person is presumed innocent, there may be a need to reassign the individual depending upon the charge and will be handled on a case by case basis by the Director of Schools.