Strafford R-VI School District Policy Manual

Strafford R-VI School District Early Childhood Center Elementary School Middle School High School

SECTION G: PERSONNEL

Part 3

FILE: GCPC

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RETIREMENT OF PROFESSIONAL STAFF MEMBERS

Professional staff members shall be participants in the Public School Retirement System (PSRS) of the State of Missouri or in the Public Education Employee Retirement System (PEERS) as allowed by law. A retired employee, as well as his or her dependents, surviving spouse and children, shall be allowed to remain or become members in non-insurance health benefit programs, self-funded plans and insured plans by qualifying for the coverage in the manner prescribed by law under the provisions of such plan and paying the premiums of said plans.

Persons engaged by the district as independent contractors, including consultants, are not by virtue of such engagement considered employees of the district for purposes of membership or contribution to PSRS or PEERS.

Any person retired and currently receiving a retirement allowance other than for disability may be employed in any capacity on either a part-time or temporary-substitute basis not to exceed a total of 550 hours in any one (1) school year, and through such employment, may earn up to 50 percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance.

If the position in question is not subject to the district's salary schedule, a retiree employed may earn up to 50 percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules of the board of trustees of the retirement system; provided that, it shall not exceed 50 percent of the annual compensation payable for the position in the school district that is most comparable to the position filled by the retiree.

In any case where a retiree fills more than one (1) position during the school year, the 50 percent limit on permitted earnings shall be based on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to PEERS because of earnings during such period of employment. If such a person is employed in any capacity by such a district on a regular, full-time basis, he or she shall not be eligible to receive his or her retirement allowance for any month during which he or she is so employed and shall contribute to the retirement system.

Any person retired and currently receiving a retirement allowance from either PSRS or PEERS, other than for disability, who elects to return to work in an employment capacity covered by either of the aforementioned retirement systems, shall undertake such service under a new membership in the applicable system.

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Contributions shall be made to the retirement system for any covered employment under the new membership at the same time and in the same manner as contributions are made for covered employment generally.

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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

Adopted: October 19, 2000

Revised: January 25, 2007

Legal Refs: §§ 169.010 - .130, .270 - .400, .560 - .596, .600 - .712, RSMo.

Age Discrimination in Employment Act, 29 U.S.C. 621- 634

Strafford R-VI School District, Strafford, Missouri

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SUSPENSION OF PROFESSIONAL STAFF MEMBERS

The Board delegates to the superintendent the authority to suspend any staff member for violation of Board policies, for violation of state law, for any other good cause or to investigate allegations of misconduct in accordance with this policy and law. Action shall be taken when, in the judgment of the superintendent, the best interests of the school will be served by immediate suspension.

Employees without Contracts

The superintendent may suspend with or without pay professional staff members who are not under contract. Any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated. The superintendent shall report any such suspension to the Board of Education. The superintendent's decision will stand approved unless reversed by the Board.

Employees with Contracts

Employees with contracts may be suspended with pay in accordance with law.

Employees with contracts may be suspended without pay only after appropriate due process. Prior to suspension without pay during the term of a contract, a professional staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. The employee must request an appeal within ten (10) days of notice of suspension without pay. If the employee appeals, the employee may also be suspended with pay pending the appeal. In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived.

Pursuant to state law, any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated. Prior to the suspension without pay, the professional staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. If the Board reverses the suspension, the employee will be reimbursed for any pay withheld. Depending on the length and nature of the suspension, the employee may receive additional due process as required by law.

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Note: The reader is encouraged to review administrative procedures and/or forms for related information in support of this policy area.

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Adopted:

Revised: February 16, 2005

Cross Refs: JFCF, Hazing and Bullying

JFG, Interrogations, Interviews and Searches

Legal Refs: §§ 167.166, 168.071, .101 - .126, RSMo.

Strafford R-VI School District, Strafford, Missouri

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TERMINATION OF PROFESSIONAL STAFF MEMBERS

Noncertificated Personnel

Employees with Contracts

Employees with contracts will be terminated after due process in accordance with the contract and law.

Employees without Contracts

The superintendent may terminate employees who are not under contract. The superintendent shall report any such termination or suspension to the Board of Education, and the decision will stand approved unless reversed by the Board.

Certificated Personnel

Termination of certificated personnel shall be done in accordance with the provisions of the Teacher Tenure Act of Missouri or other applicable law. In addition to termination, the district reserves the right to file and prosecute charges with the State Board of Education for the revocation of a teaching certificate, pursuant to state law. The district may also petition the office of the Attorney General to file charges with the State Board of Education on behalf of the school district for any cause other than annulment of contract.

The superintendent or designee shall immediately provide written notice to the State Board of Education and the Attorney General upon learning that a certificated employee has pled guilty or was found guilty of any offense that would authorize the State Board to seek discipline or revoke a teaching certificate.

Tenured Teachers

I. Method

A. A tenured teacher shall not be terminated by the Board of Education of a school district except for one (1) or more of the following causes:

1. Physical or mental condition unfitting him or her to instruct or associate with children.

2. Immoral conduct.

3. Incompetency, inefficiency or insubordination in the line of duty.

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4. Willful or persistent violation or failure to obey the school laws of the state or the published regulations of the Board of Education of the school district employing him or her.

5. Excessive or unreasonable absence from performance of duties.

6. Conviction of a felony or crime involving moral turpitude.

B. In determining the professional competency or efficiency of a tenured teacher, consideration should be given to regular and special evaluation reports prepared in accordance with district policy and to any written standards of performance adopted by the Board.

C. A tenured teacher's contract may not be terminated by the Board of Education until after service upon the teacher of written charges specifying with particularity the grounds alleged to exist for termination of such contract, notice of a hearing on charges and, if requested by the teacher, a hearing by the Board of Education.

D. If the charges are for incompetency, inefficiency or insubordination, at least 30 days before service of the notice of charges, the superintendent will give the teacher a warning in writing stating specifically the causes which, if not removed, may result in charges. Thereafter, the superintendent or designee and the teacher shall meet in an effort to resolve the matter. Thirty days' notice is not necessary for termination for charges other than incompetency, inefficiency and insubordination.

E. Notice of a hearing upon charges, together with a copy of charges, shall be served on the tenured teacher at least 20 days prior to the date of the hearing. The notice and copy of charges may be served upon the teacher by certified mail with personal delivery, addressed to the employee at his or her last known address. If the teacher or the teacher's agent does not within ten (10) days after receipt of the notice request a hearing on the charges, the Board may, by a majority vote, order the contract of the teacher terminated. If a hearing is requested by either the teacher or the Board of Education, it shall take place not less than 20 or more than 30 days after notice of the hearing has been furnished to the tenured teacher.

F. On the filing of charges in accordance with this section, the Board may suspend the teacher from active performance of duty until a decision is rendered by the Board, but the teacher's salary shall be continued during such suspension unless the law requires the suspension to be without pay. If a decision to terminate a teacher's employment is appealed and the decision is reversed, the teacher shall be paid his or her salary lost while the appeal was pending.

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II. Termination Hearing

If a hearing is requested on the termination of a tenured contract or is otherwise used for the termination of a professional staff member under this policy, it shall be conducted by the Board of Education in accordance with the following provisions:

A. The hearing shall be public.

B. Both the teacher and the person filing charges may be represented by counsel who may cross-examine witnesses.

C. Testimony at hearings shall be on oath or affirmation administered by the president of the Board of Education who shall have the authority to administer oaths in accordance with law.

D. The Board shall have the power to subpoena witnesses and documentary evidence as provided in § 536.077, RSMo., and shall do so on its own motion or at the request of the teacher against whom charges have been made. The Board shall hear testimony of all witnesses named by the teacher. However, the Board may limit the number of witnesses to be subpoenaed on behalf of the teacher to not more than ten (10).

E. The Board of Education shall employ a stenographer who shall make a full record of the proceedings of the hearings and who shall, within ten (10) days after the conclusion thereof, furnish the Board of Education and the teacher, at no cost to the teacher, a copy of the transcript of the record, which shall be certified by the stenographer to be complete and correct. The transcript shall not be open to public inspection unless the hearing on the termination of the contract was an open hearing or if an appeal from the decision of the Board is taken by the teacher.

F. All costs of the hearing shall be paid by the Board except the cost of counsel for the teacher.

G. The decision of the Board of Education resulting in the demotion of a tenured teacher or the termination of a tenured contract shall be by a majority vote of the members of the Board of Education, and the decision shall be made within seven (7) days after the transcript is furnished them. A written copy of the decision shall be furnished to the teacher within three (3) days thereafter.

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III. Appeal

A. The teacher may appeal the decision of the Board of Education to the circuit court of the county where the district is located. The appeal shall be taken within 15 days after service of a copy of the decision of the Board of Education upon the teacher, and if an appeal is not taken within that time, then the decision of the Board of Education shall become final.

B. The appeal may be taken by filing notice of appeal with the Board of Education, whereupon the Board of Education, under its certificate, shall forward to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and the decision of the Board of Education, which shall thereupon become the record of the cause. Such appeal shall be heard as provided in Chapter 536, RSMo.

Probationary Teachers

A probationary teacher may be terminated during the course of a contract for good cause including, but not limited to, the reasons for terminating a tenured teacher.

If in the opinion of the Board of Education any probationary teacher has been doing unsatisfactory work, the Board of Education, through its authorized administrative representative, shall provide the teacher with a written statement definitely setting forth his or her alleged incompetency and specifying the nature thereof in order to furnish the teacher an opportunity to correct his or her fault and overcome the incompetency. If improvement satisfactory to the Board of Education has not been made within 90 days of receipt of the notification, the Board of Education may terminate the employment of the probationary teacher immediately. Termination on other grounds may progress immediately.

Any motion to terminate the employment of a probationary teacher shall include only one (1) person and must be approved by a majority of the members of the Board of Education. A tie vote thereon constitutes termination. A probationary teacher will receive due process as required by law prior to termination. The district may utilize the process for dismissal of tenured teachers.

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Certificated Administrative Staff Ineligible for Tenure

Certificated employees ineligible for tenure (other than the superintendent) in their present positions, such as principals and assistant principals, may be terminated during the course of a contract for good cause including, but not limited to, the reasons for terminating instructional personnel. No improvement period is required prior to the notice of charges. If an administrator other than the superintendent is also a tenured teacher, the district will provide the terminated administrator a teaching position if a position is available in accordance with law, unless the teaching contract has also been terminated. An administrator will receive due process prior to termination as required by law. The district may utilize the process for dismissal of tenured teachers.

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Note: The reader is encouraged to review administrative procedures and/or forms for related information in support of this policy area.

Adopted:

Revised: February 16, 2005

Cross Refs: JFCF, Hazing and Bullying

Legal Refs: §§ 168.101, .114, .116, .118, .120, .126, RSMo.

Strafford R-VI School District, Strafford, Missouri

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NONRENEWAL OF PROFESSIONAL STAFF MEMBERS

Probationary Teachers

On or before April 15 of each school year, the Board of Education shall notify in writing a probationary teacher who will not be retained by the school district of the nonrenewal of his or her contract. If the teacher was nonrenewed due to a decrease in student enrollment, school district reorganization or the financial condition of the school district, the written notice will include the reason for nonrenewal. Otherwise, upon request, the district will provide a concise written statement of the reason or reasons the contract was not renewed.

Certificated Administrative Staff Ineligible for Tenure

On or before April 15 of the year in which a contract expires, the Board of Education shall notify in writing an administrator ineligible for tenure (other than the superintendent) concerning his or her re-employment. Any motion regarding re-employment of such certificated employee shall include only one (1) person and shall be made in the positive. A majority of the elected members voting in the affirmative shall constitute re-employment.

Nonrenewed administrators who have tenure as a teacher in the district will be offered a teaching position in accordance with law and must provide written notice to the district by June 1 if they do not intend to accept the position.

If an administrator is nonrenewed or demoted, and if the employee has been re-employed five (5) times by the district, the employee may, within ten (10) days following receipt of notice, request a written statement of reasons. The statement shall be provided within ten (10) days of receipt of the request. The employee shall be granted a hearing, if requested in writing within ten (10) days after receipt of the statement of reasons. The hearing shall be held within ten (10) days of the receipt of the request, and shall be open at the employee's request. The employee may have counsel, testify, offer evidence and cross-examine witnesses. After the hearing, no further action by the Board shall be required.

Noncertificated Professional Staff

Unless otherwise required by law, the district may nonrenew the contracts of noncertificated professional staff members by notifying the employee prior to entering into a new contract with the employee that his or her contract will not be renewed.

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Note: The reader is encouraged to review administrative procedures and/or forms for related information in support of this policy area.

Adopted: October 18, 2001

Cross Refs: DJC, Bidding Requirements

GDBDA, Support Staff Leaves and Absences

Legal Refs: §§ 67.150,.210, 169.590, RSMo.

29 USC § 1161-1168, Consolidated Omnibus Budget Reconciliation Act

Strafford R-VI School District, Strafford, Missouri

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TUTORING FOR PAY

Private Tutoring

Remuneration for private tutoring of students is a matter entirely between the parent/guardian and the teacher; however, private tutoring of students for a fee on school property is subject to facility usage policies. A teacher will not tutor, for a fee, any student in any subject area where the teacher is currently responsible for assigning a grade to the student. No academic credit will be awarded and no promotion recognized for private tutoring.

Adopted:

Cross Refs: KG, Community Use of School Facilities

Strafford R-VI School District, Strafford, Missouri

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PROFESSIONAL RESEARCH AND PUBLISHING

Research Projects and Pilot Programs