Choose a policy from the list below.
File: GAB
JOB DESCRIPTIONS
In order for MSAD #11 to function most efficiently and effectively, the duties and responsibilities for each position, along with the criteria (skills, knowledge and abilities) required to perform those duties, shall be set forth in written job descriptions.
The Superintendent is responsible for job description development, as well as review/revision as warranted, but not less often than every five years. Development, reassessment and revision of job descriptions shall include input from people affected by the position to ensure that the information contained is relevant to the position.
Legal Reference: 20-A MRSA § 1001(13)
Adopted: January 7, 1993
Revised: February 1, 2007
MSAD #11
File: GBB
STAFF INVOLVEMENT IN DECISION MAKING
The formulation of policy involving the curriculum, instruction and the overall school program is one of the primary responsibilities of the MSAD #11 School Board, and the MSAD #11 Board reserves the right to make the final decision regarding such policies. The MSAD #11 Board believes that the best interests of the district's students should be the principle guiding the adoption of all educational policy. The MSAD #11 Board further believes that appropriate input from the professional staff is important to the decision-making process.
The Superintendent shall ensure that there is a process in place to encourage meaningful professional staff input prior to making recommendations regarding curriculum, instruction and the school program to the MSAD #11 Board. The process should be conducted in a spirit of cooperation, with a clear focus on student learning as the most important function of the schools, and with the understanding that the staff is collectively responsible for student performance.
Participation in the decision-making process is accompanied with an expectation of accountability by the professional staff. All proposals for changes to the curriculum, instruction or the district's educational goals should incorporate evaluation procedures linked to student outcomes. The MSAD #11 Board encourages the use of professional development activities specifically directed to improving staff research, analytical and decision-making abilities.
The Superintendent shall ensure that the administrative team has the appropriate support to lead an effective instructional program with a consistent focus on student learning and outcomes.
Legal Reference: 26 MRSA § 965
Cross Reference: BHC - Communications with Staff
GCI - Professional Staff Development Opportunities
GCOA - Supervision and Evaluation of Professional Staff
Adopted: June 5, 1986
Revised: June 25, 1992; August 6, 1992; February 1, 2007
File: GBEA
STAFF ETHICS/CONFLICT OF INTEREST
Relationship to Supervisors
No person shall be employed in a position that is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.
Notification
Whenever a member of the immediate family of any employee is hired, the MSAD #11 Board shall be notified of the relationship.
Exceptions
The MSAD #11 Board may approve an exception to this policy where the MSAD #11 Board determines that granting of such exception is in the best interest of the school system.
Definitions
For the purpose of this section, the following definitions shall apply:
A. "Administrative Officer" shall mean any person who holds any supervisory position of Assistant Principal or similar or higher rank; and
B. "Member of the immediate family" shall mean spouse, brother, sister, parent, son or daughter (including in-laws).
Legal Reference: 17 MRSA § 3104
Adopted: June 5, 1986
Revised: January 7, 1993; February 1, 2007
MSAD #ll
File: GBEB
STAFF CONDUCT WITH STUDENTS/STAFF-STUDENT RELATIONS
The relationship between the MSAD #11 staff and students must be one of cooperation, understanding and mutual respect. Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.
Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times. By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.
Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided. Excessive informal and/or social involvement with individual students is prohibited. Such conduct is not compatible with professional ethics and, as such, will not be tolerated.
Staff members are expected to use good judgment in their relationships with students both inside and outside the school context including, but not limited to, the following guidelines.
A. Staff members shall not make derogatory comments to students regarding the school and/or its staff.
B. The exchange of purchased gifts between staff members and students is discouraged.
C. Staff-sponsored parties at which students are in attendance are prohibited unless they are a part of the school's extracurricular program and are properly supervised.
D. Staff members shall not associate with students at any time in any situation or activity which could be considered sexually suggestive or involve the presence or use of tobacco, alcohol, or drugs.
E. Dating between staff members and students is prohibited.
F. Staff members shall not use insults or sarcasm against students as a method of forcing compliance with requirements or expectations.
G. Students shall be supervised at all times during the school day.
H. Staff members shall not send students on personal errands.
I. Staff members shall, pursuant to law and MSAD #11 Board policy, immediately report any suspected signs of child abuse or neglect.
J. Staff members shall not attempt to counsel, assess, diagnose, or treat a student's personal problem relating to sexual behavior, substance abuse, mental or physical health, and/or family relationships but, instead, should refer the student to the appropriate individual or agency for assistance, e.g., guidance counselors, social workers, and/or nurses.
K. Staff members shall not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes but is not limited to information concerning assessments, ability scores, grades, behavior, mental or physical health, and/or family background.
L. Transporting a student(s) for other than school related events requires the pre-approval of the school principal or assistant principal.
Staff members are encouraged to discuss issues with their building principal or supervisor when they are unsure whether particular conduct may constitute a violation of this policy.
Students and/or parents are encouraged and staff members are required to notify the principal if they believe a staff member may be engaging in conduct that violates this policy.
Staff violations of this policy may result in disciplinary action up to and including dismissal. Violations including sexual or other abuse will be referred to the Department of Human Services and/or law enforcement authorities in accordance with MSAD #11 Board policy JLF.
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
JLF - Reporting Child Abuse and Neglect
JRA - Student Educational Records
Adopted: March 5, 2004
Revised: February 1, 2007
File: GBEBC
STAFF GIFTS AND SOLICITATIONS
Gifts to Staff Members
MSAD #11 employees shall not accept gifts from students, parents or community members except as such gifts represent tokens or simple remembrances.
The MSAD #11 Board considers as always welcome and, in most cases more appropriate, the writing of letters to employees expressing gratitude or appreciation.
Gifts from One Staff Member to Another
The giving of gifts is a matter of individual discretion. MSAD #11 employees are not to feel obligated to give gifts to personnel who exercise administrative or supervisory jurisdiction over them.
Generally, the collection of money for group gifts shall be discouraged except as bereavement, serious illness or personal tragedy, or as a memento at retirement.
Gifts from Businesses
MSAD #11 employees are prohibited from accepting items of material value from or companies doing business with M.S.A.D. #11 or wishing to do so. Exceptions to this policy are textbooks and instructional resources and minor items which are generally distributed by these companies through their public relations programs.
Adopted: Prior to 1985
Revised: June 5, 1986; July 8, 1993; February 1, 2007
File: GBEC
DRUG-FREE WORKPLACE
The MSAD #11 School Board recognizes that alcoholism and drug dependency are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the MSAD #11 Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee's job performance and ability to serve as a role model for our students.
The MSAD #11 Board believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the MSAD #11 Board expects all employees to report for work and to perform their duties in a manner which does not jeopardize the health, safety and well-being of co-workers and students.
No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, bath salts (examples include synthetic stimulants like mephedrone, MDPV (methylenedioxypyrovalerone), and Methylone) or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act [21 USC § 812]; by regulation at 21 CFR, § 1300.11 through 1300.15; and in 17-A MRSA, § 1101). This applies before, during and after school hours, at school or in any other school system location, defined as follows:
"School system location" means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transports students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school system or otherwise engaged in school district business.
Any employee who suspects that he/she may have an alcohol or drug dependency problem is strongly encouraged to contact his/her supervisor to seek voluntary diagnosis and treatment. The employee will be provided confidential referral services to an outside agency upon request and assisted in determining the extent to which insurance coverage to help pay for such services is available. All voluntary referrals shall be kept confidential.
Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.
As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the school district of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the district receives grant funds.
Appropriate disciplinary sanctions shall be taken against any employee who violates the terms of this school district's drug and alcohol policy, up to and including dismissal. Any employee who violates the terms of this policy may be allowed to participate in a drug abuse assistance or rehabilitation program approved by the MSAD #11 Board. If such employee fails to satisfactorily participate in and complete such program, the employee shall have appropriate disciplinary sanctions taken against him/her, up to and including dismissal.
Implementation
The Superintendent shall be responsible for developing and administering appropriate procedures to implement this policy.
Communication
A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment and is to be posted in appropriate locations throughout the school system.
Legal Reference: 21 U.S.C. § 812 (Controlled Substances Act)
21 C.F.R. §§ 1300.11-1300.15
Fed. P.L. 101-226
17-A MRSA § 1101
Cross Reference: JICH - Drug and Alcohol Use by Students
Adopted: August 14, 1997
Revised: June 3, 1999; March 7, 2002; February 1, 2007
File: GBGAA
BLOODBORNE PATHOGENS
The MSAD #11 School Board acknowledges the risk of infection from bloodborne pathogens that employees may incur when they handle or participate in procedures that involve blood, other body fluids or other potentially infectious materials.
The MSAD #11 Board directs the Superintendent to implement the mandated Occupational Safety and Health Administration (OSHA) standard to eliminate or minimize occupational exposure to potentially infectious material for employees who have a reasonable anticipation of exposure to blood and other body fluids.
The Superintendent shall prepare for MSAD #11 Board consideration and approval an initial Occupational Exposure Control Plan with updates on at least an annual basis. The adopted plan shall be distributed to all employees. The following issues shall be addressed in the plan:
A. Exposure determination;
B. Preventive measures including training, universal precautions, Hepatitis B vaccination, engineering controls, work practice controls, and personal protective equipment;
C. Post-exposure evaluation and follow-up; and
D. Recordkeeping.
Adopted: February 1, 2007
File: GBGAA-R
EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS
In the interest of protecting employee health and safety, M.S.A.D. #11 hereby adopts the Occupational Safety and Health Administration's 29 CFR Part 1910.1030, "Occupational Exposure to Bloodborne Pathogens; Final Rule" as part of its safety program.
The Superintendent/designee shall comply with Federal Occupational Safety and Health Administration (OSHA) Standard (Title 29, Part 1910.1030) to prevent the spread of bloodborne pathogens and other potentially infectious materials in the workplace. The Superintendent/designee shall develop a written Exposure Control Plan designed to protect employees from possible infection caused by contact with bloodborne pathogens as a result of performing job duties. The bloodborne pathogens include but are not limited to human immunodeficiency virus (HIV) and hepatitis B virus (HBV).
As part of the Exposure Control Plan, the Superintendent/designee shall determine which employees could reasonably be expected to have exposure to bloodborne pathogens and other potentially infectious materials contaminated with blood as a result of performance of job duties. Employees determined to have occupational exposure shall participate in in-service education during their work hours and be offered hepatitis B vaccine at no cost.
Any employee not identified as having risk for occupational exposure in the school district's exposure determination may petition to be included in the in-service education and/or hepatitis B vaccination program. Any such petition shall be submitted to the Superintendent/designee who will evaluate the request and notify the petitioner of the decision.
The Superintendent/designee may deny a request when there is no reasonable anticipation of contact with blood or contaminated materials as a result of job duties except when acting as a Good Samaritan in giving first aid.
If an employee is exposed to the blood or other potentially infectious material contaminated with blood of another person as a result of performing his/her job duties, the Superintendent/designee shall, as part of the Exposure Control Plan, put in place a system for immediate reporting of the exposure incident by an employee. Within 24 hours of the report, the employee will seek medical attention by a licensed health care provider or agency for which the school district will provide payment at no cost to the employee. In addition, the school district will pay for a confidential medical evaluation and follow-up by a licensed health care provider or agency at no cost to the employee.
Medical records will be maintained by the school district for thirty years after the employment of those employees who report exposure to bloodborne pathogens as a result of performance of job duties. Further, the medical records will be stored in compliance with federal, state and local laws regarding privacy and confidentiality of all medical records and any additional legal protection for information related to HIV infection and AIDS. Records of participation in in-service programs provided by the school district for employees will be compiled and maintained for three years.
I. PURPOSE
In accordance with the OSHA Bloodborne Pathogens Standard, 29 CFR 1910.1030, the following exposure control plan has been developed.
II. SCOPE
This plan is to cover all M.S.A.D. #11 employees who could be "reasonably anticipated," as the result of performing their job duties, to be exposed to blood and other potentially infectious materials.
Infectious materials include semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, amniotic fluid, saliva in dental procedures, and body fluid visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. They also include any unfixed tissue or organ other than intact skin from a human (living or dead) and human immunodeficiency virus (HIV) containing culture medium or other solutions as well as blood, organs or other tissues from experimental animals infected with HIV or HBV.
III. EXPOSURE CONTROL PLAN
A. Identify job classifications for M.S.A.D. #11 faculty, staff and administration where occupational exposure to blood occurs without regard to personal protective clothing or equipment.
B. Identify tasks associated with the above classifications. Task defined: Any activity which involves the handling of or possibility of handling of blood or other potentially infectious materials as described above.
IV. EXPOSURE DETERMINATION
OSHA requires employers to perform an exposure determination identifying which employees may incur occupational exposure to blood or other potentially infectious materials. The exposure determination is made without regard to the use of personal protective equipment (i.e., employees are considered to be exposed even if they wear personal protective equipment). This exposure determination is required to list all job classifications in which all employees may be expected to incur such occupational exposure, regardless of frequency. Within this school district, the following job classifications are in this category.
A. Classification I/Tasks and Procedures
1. School Nurses/First Aid, Care of the sick, Decontamination of the environment, Activities for Daily Living.
In addition, OSHA requires a listing of job classifications in which some employees may have occupational exposure. Since not all the employees in these categories would be expected to incur exposure to blood or other potentially infections materials, tasks or procedures that would cause these employees to have occupational exposure are also required to be listed.
B. Classification II/Tasks and Procedures
1. Principals/First Aid, Care of the sick;
2. Assistant Principals/First Aid, Care of the sick;
3. Bus Drivers/First Aid, Care of the sick, Decontamination of the environment;
4. Secretaries/First Aid, Care of the sick;
5. Self-contained Special Education Techs/First Aid, Care of the sick, ADLs;
6. Self-contained Special Ed Teachers/First Aid, Care of the Sick, ADLs;
7. Family and Consumer Science Teachers/First Aid;
8. Technology Ed Teachers/First Aid;
9. Physical Ed Teachers/First Aid; and
10. Custodians/First Aid, Care of the sick, Decontamination of the environment.
V. EMPLOYEE AWARENESS
This plan will be accessible to M.S.A.D. #11 employees through the following means:
A. Copies of the plan are to be posted in all school facilities where there are employees in the identified classifications.
B. Copies of the plan will be sent to all administrative personnel for insertion into the policy book.
C. Training of employees will be done on a yearly basis.
VI. ANNUAL REVIEW AND UPDATE
At the end of each school year, the policy/plan is to be analyzed and updated. The review will be conducted by M.S.A.D. #11 health personnel, a representative from personnel, the Superintendent and the Occupational Safety and Health Team. The updated plan will be distributed to those indicated in the previous section.
VII. IMPLEMENTATION SCHEDULE AND METHODOLOGY
OSHA requires that this plan also include a schedule and method of implementation for the various requirements of the standard. The following complies with this requirement.
A. Compliance Methods
Universal precautions will be observed in this school district to prevent contact with blood or other potentially infectious materials. "Universal Precautions" is an approach of infection control. The concept of universal precautions is that all human blood and body fluids are treated as if known to contain disease-causing germs (pathogens). It is not always possible to know when blood or body fluids are infectious; therefore, all body fluids shall be handled as if infectious. All employees shall routinely observe the following universal precautions to prevent and reduce spread of infectious disease.
B. Personal Protective Equipment
All personal protective equipment used in the school district will be provided without cost to employees. Personal protective equipment will be considered appropriate only if it does not permit blood and other potentially infectious materials to pass through or reach the employee's clothing, skin, eyes, mouth or other mucous membranes.
Gloves shall be worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious material, non-intact skin and mucous membranes. Gloves will be used for the following procedures: administering first aid, housekeeping tasks, nursing procedures (e.g., catheterization, suctioning, assisting an incontinent student, etc.). Gloves will be available from health/nurse's offices and custodial areas.
Wear disposable waterproof gloves whenever you expect to come into direct contact with blood, other body fluids containing blood, or contaminated items and surfaces. This applies to incidents including, but not limited to, caring for nose bleeds or cuts, cleaning up spills, or handling clothing soiled by blood or body fluids containing blood. Do not reuse gloves. After each use, remove gloves without touching the outside and dispose of them in a lined waste container.
C. Engineering Controls
1. Sharps containers -located in appropriate health/nurse's offices. These containers will be examined and maintained on a regular schedule. When sharps containers are full, the school nurse will be responsible for making arrangements to having them transported to a licensed biomedical waste facility. School nurses will inspect sharps containers with each use. Contaminated needles and other contaminated sharps will not be bent, recapped or removed.
2. Hand washing facilities are available to employees who incur exposure to blood or other potential infectious materials. OSHA requires that these facilities be readily accessible after incurring exposure. Within this school district hand washing facilities are located in most bathrooms, in most custodial areas, in kitchen areas, in some classrooms and in the nurse's offices.
After removal of personal protective gloves, employees shall wash hands and any other potentially contaminated skin area with soap and water immediately or as soon as feasible. All staff should routinely observe the following universal precautions to prevent and reduce spread of infectious disease:
a. Wash hands and any other contacted skin surfaces thoroughly for 15 to 30 seconds with dispensable soap and warm running water, rinse under running water and dry thoroughly with disposable paper towel.
1) Immediately after any accidental contact with blood, body fluids or drainage from wounds with soiled garments, objects or surfaces;
2) Immediately after removing gloves or other protective equipment or clothing;
3) Before assisting others with eating and drinking as well as eating or drinking yourself;
4) Before handling food, cleaning utensils or kitchen equipment; and
5) Before and after diapering and assisting with toileting, as well as toileting yourself.
When running water is not available, use antiseptic hand cleanser and clean towels or antiseptic towelettes and use soap and running water as soon as feasible.
b. Clean surfaces and equipment contaminated with blood with soap and water and disinfect them promptly with a fresh germicide (ten parts water to one part bleach) or other disinfectant. While cleaning, wear disposable gloves and use disposable towels whenever possible. Rinse mops or other reusable items in the disinfectant and dry thoroughly.
c. Properly dispose of contaminated material and label them as biohazards.
1) Place blood, body fluids, gloves, bloody dressings and other materials soaked with blood into appropriately labeled plastic bags or lined waste container. Sharp disposable objects shall be disposed of in leak-proof, puncture-proof containers.
2) Bag soiled towels and other laundry and send home.
3) Dispose of urine, vomit, or feces in the sewer system.
d. Do not care for others - injuries if you have any bleeding or oozing wounds or skin conditions yourself.
e. Use a mouthpiece, resuscitation bag or other ventilation device when readily available when it is necessary to provide mouth-to-mouth resuscitation.
f. Immediately report any incident of accidental exposure to blood or first-aid incident that involved direct contact with blood in accordance with school district policies about accident reporting and exposure.
D. Housekeeping/Decontamination of Environment
The following school facilities will be cleaned daily and after each body fluid spill: all bathrooms, all health/nurse's offices, all administrative areas, all daily use sink areas, and all water fountains.
Decontamination will be accomplished by utilizing the following materials:
A bleach solution of 1 part bleach to 10 parts water (1:10 mixed when needed and not allowed to stand longer than 24 hours) or a germicide.
All contaminated work surfaces will be decontaminated after completion of procedures, immediately after any spill of blood or other potentially infectious materials, and at the end of the work shift. All equipment (e.g., mops, brushes, dust pans) used in cleaning up potentially contaminated materials will be decontaminated immediately. All mops, brushes, bins, pails, cans and similar receptacles shall be inspected regularly and by custodians on a daily basis. Plastic bags in waste receptacles located in health/nurse's offices and all bathrooms will be changed daily.
Any broken glassware which may be contaminated will not be picked up directly with the hands. The following procedures will be used: brush and dustpan will be used to assist picking up contaminated glass. Potentially contaminated glass will be placed in a puncture-proof biohazard container.
Handle contaminated laundry in areas of use. Always use appropriate personal protective equipment when handling contaminated laundry. Before transporting, place contaminated laundry in leak-proof plastic bag and send home.
E. Hepatitis B Vaccine
All employees who have been identified as having occupational exposure to blood or other potentially infectious material (Classification I and II) will be offered the Hepatitis B vaccine, at no cost to the employee, within 10 working days of their initial assignment. Employees must sign the Bloodborne Pathogen Mandatory Declination Statement indicating their consent, declination, or provide previous proof of vaccination. Employees who initially decline the vaccine but who later wish to have it may have the vaccine provided at no cost. The vaccine will be offered yearly if refused. Employees who consent to the vaccine will be given the Hepatitis B instruction sheet. It is the employee's responsibility to complete the series and notify the Personnel Department of vaccination dates. All vaccines will be provided under the supervision of a licensed physician.
Adopted: February 1, 2007
File: GBI
STAFF GIFTS AND SOLICITATIONS
This policy is intended to maintain the integrity of MSAD #11 and reduce the potential for any appearance that its employees have been improperly influenced in their decisions or professional judgment.
Gifts From Businesses
Employees of MSAD #11 are prohibited from accepting things of material value from companies, organizations or individuals desiring to do business with the school district. The exception is the acceptance of token items [OR: items of nominal value] that are generally distributed by the company or organization at conventions or conferences or through their public relations programs.
Gifts From Parents and Students
Teachers and other employees are not permitted to accept gifts from parents or students that exceed nominal value (ordinarily $10 or less. The MSAD #11 Board encourages the writing of letters by parents and students to teachers and other staff members as a more meaningful and appropriate way of expressing gratitude and appreciation.
Solicitation of Staff
In-school solicitation of staff by sales people or other business representatives is prohibited. Such solicitation should be reported to the building principal.
No organization, including charitable or humanitarian organizations, may solicit funds from staff at school or through school electronic communications systems or distribute flyers at school or on school property except as allowed by MSAD #11 Board policy.
Generally, the solicitation of money from staff for group gifts is discouraged except in special circumstances such as serious illness, bereavement, disasters, and mementos at retirement.
Cross Reference: DJ – Bidding and Purchasing
KHB – Advertising in the Schools
KI – Visitors to the Schools
Adopted: March 3, 2011
File: GBJ
PERSONNEL RECORDS AND FILES
MSAD #11 shall maintain records of current and former employees in the Office of the Superintendent in accordance with state and federal laws and regulations.
Directory Information
As required by law, a record of directory information for each employee shall be open to inspection and copying by any person. Directory information shall contain:
A. Name of employee;
B. Date(s) of employment by the school district;
C. Regular and extra-curricular duties, courses, subjects taught, and any other responsibilities since the start of employment by the school district;
D. Post-secondary education institution(s) attended;
E. Major and minor field(s) of study as recognized by those institutions; and
F. Degrees received and dates degrees were awarded.
Confidential Information
As required by law, all information (except Directory Information) about an employee, applicant for employment, or an employee/applicant's immediate family shall be kept confidential if it relates to the following:
A. All information, working papers, and examinations used in the evaluation or selection of applicants for employment;
B. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
C. Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy of the employee's work or general character compiled and maintained for employment purposes;
D. Credit information;
E. The personal history, general character or conduct of the employee or any member of the employee's immediate family;
F. Complaints, charges of misconduct, replies thereto and memoranda and other materials pertaining to disciplinary action;
G. Social Security number;
H. Any teacher action plan and support system documents and reports maintained for certification purposes; and
I. Criminal history record information.
Personnel Files
Personnel files will contain a cumulative history of the staff member's employment, including formal or informal employee work evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits.
Other Confidential Personnel Records
The school district must maintain the following confidential employee records separate from the personnel files:
A. Medical information of any kind; and
B. Teacher action plan and support system documents and reports maintained for certification purposes.
Disciplinary Action Information
Any written record of a decision involving an employee disciplinary action by the School Board shall not be included within any category of confidential information.
Procedures for Review of Personnel Files
For the purpose of this section, a personnel file shall include, but not be limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits that are maintained by the school district for employment purposes.
A. The Superintendent shall, upon written request and within five (5) business days provide the employee, former employee, or his/her duly authorized representative(s) with an opportunity to review and copy his/her personnel file, if the Superintendent has a personnel file for that employee.
B. Reviews of personnel files shall take place at the location where the personnel files are maintained and during normal office hours.
C. The cost of any copying is to be paid by the person requesting the copy.
D. Access to confidential college placement records and letters of reference will be granted only to the Superintendent/designee.
Access to Personnel Files
Access to personnel files may be given to the following persons without the consent of the employee.
A. The Superintendent or his/her designee, the employee's principal or other supervisor(s). Personnel files are not accessible to individual MSAD #11 School Board members.
Relevant portions of a personnel file may be summarized and/or shared with the MSAD #11 Board by the Superintendent when consideration is being given to performance evaluation, continuation of employment or disciplinary action.
B. The general public shall have access only to the Directory Information as outlined above.
Access to personnel files will not be granted to any other persons except under the following circumstances:
A. When the employee gives written consent for the release of his/her records. The written consent must specify the record(s) to be released and to whom they are to be released. Each request for consent must be handled separately; blanket permission for release of information will not be accepted; and
B. Upon advice of counsel, when subpoenaed or under court order.
Records Management
The Superintendent has overall responsibility for maintaining and preserving the confidentiality of all employee/applicant records. The Superintendent may designate a staff member who shall be responsible for granting or denying access to records according to the guidelines in this policy.
Written reports shall be maintained in personnel files to document compliance with federal and state laws and regulations and MSAD #11 School Board policies regarding employee evaluations. Once a document is properly placed in a personnel file, it shall remain in the file permanently.
Records Retention
The school district will retain all personnel records and files in accordance with applicable laws and regulations.
Legal Reference: 20-A MRSA § 6101
20-A MRSA § 13015
26 MRSA § 631
Chapter 10, Rules for Disposition of Local Government Records (Maine State Archives)
Americans with Disabilities Act of 1990, 42 U.S.C.
Family and Medical Leave Act of 1993, 29 U.S.C. 2611 et seq.
Cross Reference: GBJC - Retention of Application Materials
KDB - Public's Right to Know/Freedom of Information
Adopted: July 8, 1993
Revised: February 1, 2007
File: GBJC
RETENTION OF APPLICATION MATERIALS
State and federal law permit submission of complaints to the Maine Human Rights Commission and/or the U.S. Office of Civil Rights within six months of an alleged act of unlawful employment discrimination. In addition, state regulations require applications for employment to be retained for a period of two years.
As a precautionary measure, all materials accumulated in the process of filling instructional and support staff positions shall be retained for at least three years. Such materials include applications and accompanying materials, notes made in the screening, interviewing and reference checking process, and any other pertinent information. Materials related to the search process (such as advertisements, job descriptions and interview guides) shall also be retained.
All materials accumulated in filling administrator positions (positions requiring Maine Department of Education administrator certification) shall be retained for at least three years.
Legal Reference: 5 MRSA § 4551 et seq. (Maine Human Rights Act)
20-A MRSA § 1001.13
Chapter 10, Rules for Disposition of Local Government
Records (Maine State Archives)
Equal Employment Opportunities Act of 1972 (P.L. 92-261)
Amending Title VII of the Civil Rights Act of 1964
(42 U.S.C. § 2000(e) et seq.)
Cross Reference: GCF - Professional Staff Hiring
GCFB - Recruitment and Hiring of Administrative Staff
GBJ - Personnel Records and Files
Adopted: February 1, 2007
File: GBN
FAMILY AND MEDICAL LEAVE
MSAD #11shall comply with all applicable provisions of the federal Family and Medical Leave Act of 1993 (FMLA), the Maine Family Medical Leave Law, and any other MSAD #11 Board policies and collective bargaining agreements regarding family and medical leave.
The Superintendent is responsible for implementing administrative procedures to comply with this policy.
Legal Reference: 26 USC § 2601 et seq.
29 CFR Part 825
26 MRSA § 843 et seq.
Cross-Reference: GBN-R1 - Family and Medical Leave Act Administrative Procedure
GBN-R2 - Maine Family Medical Leave Administrative Procedure
Adopted: May 4, 1995
Revised: February 1, 2007; May 5, 2011
File: GBN-R1
FAMILY AND MEDICAL LEAVE ADMINISTRATIVE PROCEDURE
A. Eligibility
To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school district are employed within 75 miles of that work site. An employee must have been employed by the school district for at least twelve months and have worked at least 1250 hours in the previous twelve-month period. According to the law, teachers employed on a full-time basis are presumed to meet the minimum hours requirement.
B. Benefit
Under certain conditions, eligible employees, if qualified, may be entitled to up to 12 weeks or 26 weeks leave in a 12-month period with continuing participation in the school District’s group insurance plan.
The 12-month period for FMLA purposes is designated as a rolling 12-month period measured backward from the date an employee uses an FMLA leave.
C. Reasons for Taking Leave
Unpaid leave will be granted to eligible employees for any of the following reasons:
1. The birth and care of a child;
2. The adoption or foster placement of a child with the employee;
3. To care for a spouse, child or parent with a serious health condition; or
4. The employee is unable to perform the functions of his/her position because of a serious health condition.
D. Military Family Leave
1. Military Caregiver Leave
An eligible employee who is a relative of a servicemember can take up to 26 weeks in a 12-month period in order to care for a covered servicemember who is seriously ill or injured in the line of duty, or a veteran who is undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment.
2. Qualified Exigency Leave (applies to eligible employees with family members who are in the National Guard or Reserves, and Regular Armed Forces)
a. An eligible employee can take up to the normal 12 weeks of leave, if a family member who is a member of the National Guard or Reserve is called up to active duty on a contingency mission.
b. Qualifying exigencies include:
1) Short-notice deployment;
2) Military events and related activities;
3) Childcare and school activities;
4) Financial and legal arrangements;
5) Counseling;
6) Rest and recuperation;
7) Post-deployment activities; and
8) Additional activities agreed to by the employer and the employee.
E. Substitution of Paid Leave
Any leave taken for FMLA-qualifying purposes (including leave taken under employment policies, bargaining agreements, or contracts) shall also be applied to an employee’s annual FMLA entitlement. When paid leave taken for FMLA-qualifying purposes is exhausted, the balance of FMLA leave shall be unpaid.
F. FMLA Leave When Both Parents Are School District Employees
If both parents of a child are employed by MSAD #11, they each are entitled to a total of 12 weeks of leave per year. However, leave may be granted to only one parent at a time and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for placement of a child for adoption or foster care or to care for the child after placement; or (3) to care for a parent (but not a parent-in-law) with a serious health condition.
If spouses are employed by MSAD #11, the aggregate number of weeks of leave that can be taken is 26 weeks in a single 12-month period for serviceperson leave or a combination of exigency and serviceperson leave. The aggregate number of weeks of leave that can be taken by a husband and wife who work for the same employer is 12 weeks if for exigency leave only.
G. Employee Notice Requirement
The employee must follow the employer’s standard notice and procedural policies for taking FMLA.
Except as provided elsewhere in this policy, an employee must submit an application for leave at least 30 days in advance when the leave is foreseeable or as soon as practicable if it is not foreseeable.
If an employee fails to provide 30 days’ notice of foreseeable leave, the leave may be delayed to start 30 days after notice is given, provided the employee had actual notice of the FMLA notice requirements.
When the need for FMLA leave is foreseeable fewer than 30 days in advance, or the need for FMLA leave is not foreseeable, and the employee fails to provide notice as soon as practicable, the extent to which FMLA leave may be delayed depends upon the facts of the particular case.
H. Medical Certification
A sick leave request form is to be completed whenever an employee is absent from work for more than three days or when an employee has need to be absent from work for continuing treatment by (or under the supervision of) a health care provider.
MSAD #11 will require medical certification to support a request for FMLA leave because of a serious health condition (at employee’s expense).
If the leave request is due to the employee’s serious health condition, the employee is required to provide medical certification stating the date the health
condition commenced, the probable duration, the appropriate medical facts concerning the condition, and that the employee cannot perform the functions of his/her job.
If the leave request is due to the serious health condition of a family member, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and an estimate of the time the employee will be needed to care for the family member.
If the leave request is for leave to care for a covered servicemember, the employee is required to provide certification of the date on which the serious medical condition or injury commenced, the probable duration, the appropriate medical facts within the knowledge of the health care provider regarding the condition or injury, and an estimate of the time the employee will be needed to care for the covered servicemember.
I. Notice for Leave Due to Active Duty or Call to Active Duty of Family Member
In any case in which the necessity for leave is foreseeable, whether because the spouse or a son, daughter, or parent of the employee is on active duty or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as soon as is practicable.
J. Employer Notice Requirement (29 C.F.R. § 825.300)
Employers are required to provide employees with notice explaining the FMLA through a poster and either a handbook or information upon hire. If an employee requests FMLA leave, an employer must provide notice to the employee within five business days of whether the employee meets the FMLA eligibility requirements. If an employee is not eligible to take FMLA, the employer must provide a reason. The employer must also provide a rights and responsibilities notice outlining expectations and obligations relating to FMLA leave. If the employer approves FMLA leave, it must provide the employee with a designation notice stating the amount of leave that will be counted against an employee’s FMLA entitlement.
K. Insurance
An employee out on FMLA leave is entitled to continued participation in the appropriate group health plan, provided the employee continues paying the usual premiums throughout the leave period. An employee’s eligibility to maintain health insurance coverage will lapse if the premium payment is more than 30 days late.
L. Return
Upon return from FMLA leave, the employee will be restored to his/her previous position or to an equivalent position with equivalent pay, benefits, and other employment terms.
An employee returning from FMLA leave for his/her own serious health condition is required to submit medical certification that indicates fitness to return to work and ability to perform the functions of the job.
If the employee is unable to return to work because of his/her own serious health condition at the end of allowable FMLA leave, the Superintendent [OR: Board] may consider a request for extension of unpaid leave and benefits on a case-by case basis. Unless an extension has been granted, failure to return to work upon the expiration of FMLA leave may subject the employee to immediate termination.
M. Special Rules for Instructional Employees
Under federal regulations, certain special rules apply to instructional employees. These rules affect the taking of leave near the end of a semester and the taking of intermittent leave or leave on a reduced leave schedule.
N. Interaction with Maine Law
When an employee is eligible for leave under both the federal and Maine statutes, the applicable law shall be the one that provides the greater benefit.
An employee who is not eligible for federal FMLA leave may be eligible for leave under the Maine FMLA.
MSAD #11 will analyze each request to determine eligibility for federal and/or Maine FMLA leave.
O. Recordkeeping
Employees, supervisors, and building administrators will forward requests, forms, and other material to payroll to facilitate proper recordkeeping.
Legal Reference: 29 C.F.R. Part 25 (Regulations to Implement the Family and
Medical Leave Act of 1993)
Adopted: May 5, 2011
Revised: June 2, 2011
File: GBN-R2
MAINE FAMILY MEDICAL LEAVE ADMINISTRATIVE PROCEDURE
This administrative procedure covers the main provisions of the Maine Family Medical Leave Act. MSAD #11 will analyze each employee request for leave to determine whether he/she is eligible under the Federal and/or State statute. When an employee is eligible for leave under both the Federal and State statutes, the applicable law with regard to each benefit shall be the one that provides the greater benefit (usually Federal FMLA).
I. ELIGIBILITY
To be eligible for Maine Family Medical Leave, employees must work at a site where there are 15 or more employees of a school district. An employee must have been employed by the same employer for 12 consecutive months and not taken such leave within the immediately preceding 24-month period or have used less than 10 weeks of family medical leave.
Under the Maine Family Medical Leave Act, an eligible employee is entitled to up to 10 weeks of leave during a 24-month period for the following reasons:
A. Serious health condition of the employee;
B. Birth of the employee’s child or the employee’s domestic partner’s child;
C. Placement of a child 16 years of age or less in connection with the adoption of the child by the employee or the employee’s domestic partner;
D. Serious health condition of a child, domestic partner’s child, parent, sibling, domestic partner or spouse;
Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider;
E. The donation of an organ of the employee for a human organ transplant; or
F. The death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child is a member of the state military forces as defined in Title 37-B, section 102, of the Maine Revised Statutes, or of the United States Armed Services, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty.
For the purpose of this procedure, “sibling” means a sibling of an employee who is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements and joint financial arrangements.
II. DOMESTIC PARTNER DEFINED
For the purpose of determining eligibility for Maine Family Medical Leave, “domestic partner” means the partner of an employee who:
A. Is a mentally competent adult as is the employee;
B. Has been legally domiciled with the employee for at least 12 months;
C. Is not legally married to or legally separated from another individual;
D. Is the sole partner of the employee and expects to remain so;
E. Is not a sibling of the employee; and
F. Is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements, or joint ownership of real or personal property.
III. ADMINISTRATION
A. MSAD #11 may require certification from a physician to verify the amount of leave requested. An employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods.
B. An employee requesting leave shall provide at least 30 days’ notice of the intended dates upon which the leave will commence and terminate, unless prevented by medical emergency from giving required notice.
C. Any leave taken for Maine Family Medical Leave qualifying purposes, including leave taken under other applicable statutes, employment policies, and collective bargaining agreements or contracts, shall also be considered leave under Maine Family Medical Leave and shall be applied to a employee’s 10-week Maine Family Medical Leave entitlement every 24-month period. When paid leave taken for Maine Family Medical Leave qualifying purposes is exhausted, the balance of Maine Family Medical Leave shall be unpaid.
D. During Maine Family Medical Leave, an employee shall be permitted to continue his/her medical insurance plan, providing the employee remits the monthly premium to the Superintendent’s Office no later than the first day of the month for which the premium is due.
E. Upon an employee’s return to work, he/she will be restored to his/her previous position or to a position with equivalent seniority status, benefits, pay, and other conditions and terms of employment.
F. An employee taking Maine Family Medical Leave for his/her own serious health condition may be required to submit certification that he/she is fit to return to work and is able to perform the functions of the position.
G. If at the end of the allowable leave under Maine Family Medical Leave the employee is unable to return to work because of his/her own serious health condition, the Superintendent and MSAD #11School Board may consider a request for extension of unpaid leave and benefits on a case-by-case basis. Failure to return to work upon the expiration of Maine Family Medical Leave may subject the employee to immediate termination unless such an extension is granted.
H. An employee who is not eligible for Maine Family Medical Leave may be eligible for federal Family and Medical Leave.
IV. LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE
Subject to the other requirements of this policy, leave taken intermittently or on a reduced leave schedule (i.e., a leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee) may be taken subject to the following:
A. Leave for birth or placement related to adoption may not be taken intermittently or on a reduced schedule unless agreed to by both employer and employee;
B. Leave for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee may be taken intermittently or on a reduced leave schedule when medically necessary;
C. The taking of leave intermittently or on a reduced leave schedule may not result in a reduction in the total amount of Maine Family Medical Leave to which the employee is entitled beyond the amount of leave actually taken; and
D. If an employee requests intermittent leave or leave on a reduced leave schedule for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that 1) has equivalent pay and benefits, and 2) better accommodates recurring periods of leave than the regular employment position of the employee.
Legal Reference: 26 MRSA § 843 et seq.
Adopted: May 5, 2011
File: GBO
FAMILY CARE LEAVE
This policy governs employee leave under 26 MRSA § 636, “An Act to Care for Families”, referred to in this policy as the “Family Care Act.” Leave under this policy is referred to as “Family Care Leave.”
The MSAD #11 Board recognizes that under Maine’s “Family Care Act,” if an employer provides paid leave under the terms of a collective bargaining agreement or employment policy, the employer must allow an employee to use the paid leave for the care of an immediate family member who is ill.
In law and for the purpose of this policy, the following definitions apply:
1. “Employer” means a public or private employer with 25 or more employees.
2. “Immediate family member” means an employee’s child, spouse or parent.
3. “Paid leave” means time away from work by an employee for which the employee receives compensation. Paid leave is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these purposes. Paid leave does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits.
Employees may take up to 40 hours of paid leave as Family Care Leave per 12 month period, or the amount provided by an applicable collective bargaining agreement, whichever is greater.
the 12-mnth period shall be the same for all employees and shall be the 12-month period consistent with the 12-month period identified for the school district’s administration of the Family Medical Leave Act (FMLA).
An employee is not entitled to use paid leave until that leave has been earned.
a. An employee may elect which type of paid leave and the amount of each type of paid leave to use for Family Care Leave.
b. Any employee electing to take Family Care Leave must apply such leave against available paid sick leave and if sick leave is exhausted, against personal, then against (and so on) until all paid leave available has been exhausted, except as otherwise provided in applicable collective bargaining agreements.
Notice/verification of illness of Family Care Leave shall be the same as that required for the employee’s own illness. The employee must specify that leave is being taken pursuant to the Family Care Act.
For purposes of applying family medical leave requirements (i.e., FMLA), the school unit shall treat leave under the Family Care Act in the same manner as the employer treats leave for an employee illness. Therefore, Family Care leave and FMLA leave shall run concurrently.
Legal Reference: 26 MRSA §636
Cross Reference: GBN/Family and Medical Leave
Adopted: October 6, 2005
Revised: February 1, 2007; May 5, 2011
File: GCF
PROFESSIONAL STAFF HIRING
Through its employment policies, the MSAD #11 Board shall attempt to attract, secure and hold the highest qualified personnel for all professional positions. The selection program shall be based upon an alertness to candidates who will devote themselves to the education and welfare of the children attending our public schools.
It is the responsibility of the Superintendent and of persons to whom he/she delegates this responsibility to determine the personnel needs of the school system and to locate suitable candidates to recommend to the MSAD #11 Board for employment. Through effective administrative procedures, the Superintendent shall recruit and recommend to the MSAD #11 Board the employment and retention of personnel who are motivated to do their best work and to be creative from their own inner resources.
It shall be the duty of the Superintendent to see that persons nominated for employment in the schools shall meet all certification requirements and the requirements of the MSAD #11 Board for the type of position for which the nomination is made.
The following guidelines shall be used in the selection of personnel:
A. There shall be no illegal discrimination in the hiring process.
B. Interviewing and selection procedures shall assure that an administrator has the opportunity to aid in the selection of any staff member who will work under his/her supervision.
C. No candidate shall be hired without a personal interview.
D. All candidates shall be considered on the basis of their merits, qualifications and the needs of the district. In each instance, the Superintendent and others playing a role in the selection shall seek to hire the best qualified person for the job; and
E. While the MSAD #11 Board may accept or reject a nomination, an approval shall be valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination.
Legal Reference: 20-A MRSA § 13201 et seq.
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
GBJC - Retention of Application Materials
Adopted: August 5, 1986
Revised: July 8, 1993; February 1, 2007
File: GCFB-R
RECRUITING AND HIRING OF ADMINISTRATIVE STAFF
ADMINISTRATIVE PROCEDURE
These procedures implement MSAD #11 School Board policy GCFB and are designed to establish a thorough, efficient and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrative positions.
A. Job Description Development/Review
To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Superintendent/designee (the MSAD #11 Board in a Superintendent search) is to:
1. Conduct a review of (if none exists, develop) the job description, with input from persons affected by the position;
2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and
3. List the minimum qualifications (training, education and experience) for the position.
B. Recruitment
To attract a strong pool of qualified candidates, the Superintendent/designee is to advertise (except in the circumstances described in K below) by:
1. Posting notice of the vacancy within the district;
2. Placing a display advertisement in appropriate print media, considering at least one appearance in a major Maine weekend or Sunday newspaper; and
3. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs and placement offices at colleges and universities in Maine and other states, and the Maine Department of Education.
C. Screening
To ensure that a fair and efficient screening process will occur, the Superintendent/designee is to:
1. Ensure that all applications are reviewed by more than one individual, with attention given to an unbiased regard for the criteria and qualifications in the job description;
2. Appoint a screening panel with representation as deemed appropriate to the particular vacancy;
3. Provide orientation on confidentiality and equity issues to screeners;
4. Eliminate all candidates who do not meet the minimum qualifications;
5. Conduct preliminary reference checks, as appropriate;
6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description; and
7. Notify applicants not selected for interview.
D. Interviewing
To ensure that the interview process will be conducted in a legal and proper manner, the Superintendent/designee is to:
1. Appoint an interview panel (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;
2. Provide orientation on the process including the function and extent of responsibility of the panel, the weighting of criteria and the nomination/hiring procedure; and
3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.
The interviewing panel is to:
1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and
2. Provide equal opportunity for the candidates to respond to the same questions/questioners.
E. Selection
The interview panel is to:
1. Individually assess the candidates according to their answers to the job description-related questions, rating and commenting on each using a specially prepared form corresponding to the questions/criteria; and
2. Submit a report to the Superintendent, including the individual rating forms as well as a list (usually 2 to 4) of candidates to be considered further for the position.
The Superintendent/designee is to:
1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;
2. Review the material on the finalist candidates to determine whether additional information is needed;
3. Conduct final interviews of any or all finalists, as deemed necessary;
4. Select the most qualified candidate who fits the criteria and the duties/responsibilities outlined in the job description, based on his/her own professional judgment along with those of the interview panel (or, reject all finalists, reopen the position and begin the process anew); and
5. Have any further reference checks made, as appropriate.
F. Nomination/Employment
The Superintendent is to:
1. Notify and obtain agreement of the successful candidate, pending MSAD #11 Board approval;
2. Inform the interview panel; and
3. Nominate and employ the successful candidate in accordance with state law and local policies.
G. Notification
The Superintendent/designee may:
1. Notify the nominee of the MSAD #11 Board approval and employ the administrator; and
2. Notify the other candidates interviewed.
H. Orientation and Support
To ensure that the new administrator is provided with the proper information about the system and job expectations, the Superintendent/designee is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the local school district.
I. Record Keeping
To ensure that the confidentiality of employee and applicant records are properly maintained, the Superintendent is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interviewing process for a period of three (3) years.
J. Confidentiality
To ensure that confidentiality is maintained throughout and permanently following the hiring process, the MSAD #11 Board, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The MSAD #11 Board is to assume responsibility through the Superintendent for providing adequate orientation at appropriate stages of the process, including at the completion.
K. Hiring of Current Employees
MSAD #11 may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the district to fill an administrative position only if the Superintendent, after consultation with the MSAD #11 School Board, or the MSAD #11 Board in a Superintendent search, determines that the following circumstances exist:
1. The currently employed candidate is exceptionally well qualified for the position; and
2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.
Adopted: July 8, 1993
Revised: February 1, 2007
Based largely on “Model Administrative Hiring Procedure," published by the Commissioner of Education in the Final Report of the Equity Committee, April 22, 1991.
File: GCFB
RECRUITING AND HIRING OF ADMINISTRATIVE STAFF
In response to An Act to Promote Equity of Opportunity for Women in Administrative Positions in the Public School System (PL 1990, Chap. 889), the MSAD #11 Board affirms its commitment to the strict prohibition of discrimination in employment on the basis of race, national origin, religion, sex, age, or disability, and to the principle of affirmative action to obtain wide and representative candidate pools.
In accordance with 20-A MRSA, § 1001(13), the Superintendent shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions requiring administrator certification, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.
Moreover, upon each occasion of administrative vacancy, the Superintendent shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Superintendency, the MSAD #11 Board shall review the procedure, adapting as appropriate.
In accordance with 20-A MRSA, § 4502 (4-A), the district's Affirmative Action Plan shall include: a description of the status of the district's nondiscriminatory administrator hiring practice; plans for in-service training programs on gender equity for teachers, administrators and the MSAD #11 School Board; and the relationship of the above to the State's five-year goal for the employment of women in administrative positions.
Legal Reference: 5 MRSA § 4576
20-A MRSA §§ 6, 254 (8-10), 1001(13), 4502(4-A), 13011(6),
13019-B, 13019-C
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
GBJC - Retention of Application Materials
GCFB-R - Recruiting and Hiring of Administrative Staff Administrative Procedure
Adopted: July 8, 1993
Revised: February 1, 2007, September 1, 2011
File: GCGA
SUBSTITUTE TEACHERS
Substitute teachers may serve on a day-to-day basis to fill short-term classroom teaching or instructional vacancies caused by the absence, resignation, inability to employ or termination of a certified teacher or educational specialist.
Qualifications
A. All substitute teachers shall be approved by the Maine Department of Education.
B. Certified teachers may substitute outside the scope of their certification for not more than 90 teaching days in any one teaching assignment.
C. Persons having two or more years of college preparation may serve as substitute teachers for not more than 60 teaching days in any one teaching assignment.
D. Only in cases of emergency may a person with less than two years of college preparation who has graduated from high school serve as a substitute teacher, and such assignment shall not exceed 10 teaching days [except when assigned to a vocational center or region.
E. A high school graduate with two or more years of trade experience may serve as a substitute teacher in a vocational center or region for not more than 60 teaching days in any one teaching assignment.]*
F. Teaching days shall include consecutive and non-consecutive days in the same teaching assignment during a school year.
Compensation
Substitute teachers must be compensated at the rate of not less than $55 for each day of service. The amount paid to substitute teachers will be determined by the MSAD #11 School Board
Legal Reference: 20-A M.R.S.A. § 13402(3)
Chapter 115 § 13 (Maine Department of Education Rules)
Adopted: September 3, 1959
Revised: June 5, 1986; July 8, 1993; March 10, 1994; February 1, 2007
File: GCI
PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES
The MSAD #11 Board recognizes the importance of developing, maintaining, and extending the skills of staff members and encourages employees to engage in programs and activities that will lead to their professional growth and increased competence.
The Superintendent is authorized to initiate programs and activities that are designed to serve the following purposes:
A. To provide a structure through which staff members can stay abreast of new developments in their areas of specialty;
B. To familiarize staff members with new research and innovative teaching methods;
C. To assist staff members in the process of change and school improvement; and
D. To facilitate the development, implementation and evaluation of new programs.
Within budgetary limitations, visitations and attendance at conferences may be approved by the Superintendent in accordance with MSAD #11 Board policy.
Legal Reference: Ch. 125 § 8.08 (Me. Dept. of Ed. Rule)
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCK
MSAD #11 PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS
The basic consideration in the assignment of professional personnel will be the needs of students and the instructional program. However, faculty satisfaction with assignments may be expected to have a significant impact on the morale of the professional staff and the effectiveness of the total educational program.
Therefore, it will be the policy of the MSAD #11 Board that personnel be assigned on the basis of their qualifications, the needs of the district, and their expressed desires. When it is not possible to meet all of these conditions, an employee will be assigned first in accordance with school system needs -where the administration feels the employee is most qualified to serve, and second, regarding the preference of the employee.
Care will be exercised by the Superintendent and other district administrators to ensure that the school is well staffed with effective teachers.
Within the school, a Principal will have the right to assign classes and courses, provided this is done with full regard to the teacher's area of certification and MSAD #11 Board policies. He/she will also recommend to the Superintendent assignments to any extra-pay positions in his/her school.
A transfer, reassignment, or special assignment may be requested by any employee, which will be given due consideration in accordance with the provisions of this policy.
Cross Reference: GCP - Professional Staff Promotions and Reclassifications
Adopted: February 1, 2007
File: GCMA
TEACHER PREPARATION TIME
The MSAD #11 Board recognizes that, in addition to assigned classroom responsibilities, teachers devote a considerable number of hours each week to a variety of tasks that contribute to student learning. These tasks include preparing for classes, enriching the school environment, correcting assignments, working with individual students or small groups, returning contracts from parents and other staff, meeting with other staff about individual students or planning instructional programs, and paperwork that cannot be done during instructional time.
The MSAD #11 Board supports the provision of reasonable teacher preparation time within the school day in accordance with the following guidelines:
A. Except in cases of inclement weather or other emergency:
1. Whenever possible in the judgment of the principal without
overburdening available educational technicians, elementary school
teachers shall receive a minimum of 30 minutes preparation time in lieu of performing daily lunchtime duties, in addition to the three preparation periods per week when students are scheduled to be with itinerant teachers. Any lunchtime duties will be assigned to teachers on an equitable rotating basis.
2. Whenever possible, middle school and high school teaches will receive at
least 400 minutes bi-weekly for preparation time, during the student day.
B. In cases of inclement weather, educational technicians will to the extent possible
in the judgment of the principal without overburdening them be used on a rotating basis to cover as many classrooms as possible before teachers are asked or assigned, on an equitable rotating basis, to provide such coverage.
As used in this policy, the term “inclement weather” means weather conditions which do not permit students safely to leave the school building and be supervised outdoors.
C. In emergencies, teachers are expected to provide duty coverage which will be
arranged by building administrators on an equitable rotating basis. At the elementary level, educational technicians will to the extent possible in the judgment of the principal without overburdening them first be used to provide such coverage before it is assigned to teachers.
The term “emergency” includes cases where staff is unavailable as a result of sick leave or other reason.
Adopted: November 15, 2001
Revised: September 2, 2004; April 2, 2009
File: GCOA
SUPERVISION AND EVALUATION OF PROFESSIONAL STAFF
A well-planned and systematic program of supervision and evaluation of performance tied to educational outcomes is vital to the ongoing improvement of the instructional program. Through this policy, the MSAD #11 Board seeks to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) teachers. The evaluation program shall address all aspects of teaching performance and recognize that the fulfillment of student needs is of primary importance.
The MSAD #11 Board believes that an ongoing appraisal of teacher performance should:
A. Provide a systematic process that will, on a continuing basis, enable staff to measure and improve the effectiveness of their instructional services within the limitations of existing resources;
B. Provide the opportunity for all staff members to analyze their strengths and weaknesses as they relate to the teaching-learning process and the ability to discuss objectively the contribution they have made to the school system;
C. Provide the opportunity for administrators to use the evaluation process to assist staff in developing objectives and increasing competencies relating to teaching and learning and/or their professional responsibilities; and
D. Enable administrators in making recommendations concerning employment, when appropriate.
The Superintendent shall be responsible for development, implementation and periodic review of a comprehensive program of supervision and evaluation. The program shall provide for minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary teachers require closer support and more frequent performance reviews.
A. Evaluative criteria shall be in written form and made permanently available to the teacher;
B. Evaluations shall be made by an immediate supervisor/administrator;
C. Evaluations will include a self-evaluation component;
D. Results of the evaluations shall be put in writing and shall be discussed with the teacher;
E. The teacher being evaluated shall have the right to attach a memorandum to the written evaluation; and
F. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent’s office.
In keeping with the MSAD #11 School Board’s goal of employing the best qualified staff to provide quality education for all students, all teachers are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.
While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.
Legal Reference: 20-A MRSA §§ 1055, 13802
Ch. 125 §§ 4.02(E)(3), 8.08 (Me. Dept. of Ed. Rule)
Adopted: Prior to 1985
Revised: June 5, 1986; August 6, 1993; November 1998; February 1, 2007;
January 2012
NEPN/NSBA Code: GCOC
EVALUATION OF ADMINISTRATIVE STAFF
The Superintendent shall implement and supervise an evaluation system for all administrative personnel. A report shall be made to the board annually on the performance of all administrators, with recommendations regarding their employment and/or salary status.
Formal evaluations shall be made at least once a year, but more often during the first two years in an administrative capacity. They shall be conducted according to the following guidelines:
A. Evaluative criteria for each position shall be in written form and made permanently available to the administrator;
B. Evaluations shall be made by the Superintendent or immediate supervisor;
C. Results of the evaluations shall be put in writing and shall be discussed with the administrator;
D. The administrator being evaluated will have the right to attach a memorandum to the written evaluation; and
E. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent's office.
Legal Reference: Ch. 125 §§ 4.02(E)(3), 8.08 (Me. Dept. of Ed. Rule)
Adopted: August 6, 1992
Revised: February 1, 2007
File: GCQC
RESIGNATION OF SCHOOL DISTRICT EMPLOYEES
The MSAD #11 Board authorizes the Superintendent to accept all employee resignations. Such acceptance shall be effective when first communicated to the employee orally or in writing. Acceptance shall be confirmed in writing to the employee. The resignation and its acceptance should be reported as information to the MSAD #11 Board at the next regular or special meeting.
Cross Reference: GCQCA - School District Employee References
Adopted: February 2, 1984
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCQCA-E
AUTHORIZATION TO DISCLOSE INFORMATION/RELEASE OF CLAIMS/INDEMNITY
I, ____________________________, hereby request and authorize M.S.A D. #11 and its past, present, and future school boards, school board members, employees, and agents, both in their individual and official capacities, (hereinafter separately and collectively referred to as the "District") to provide any information which is directly or indirectly related to my employment and the termination of my employment with M.S.A D. #11 including without limitation information which would otherwise be confidential by statute, contract or otherwise, to anyone making an inquiry regarding my seeking employment. Such information may include facts or opinions about my performance, character, conduct, both at and apart from school activities, and my suitability for various employment positions. The District may provide such information in response to either oral or written requests and may rely on the oral representation of the person requesting information that I am seeking employment. I understand and agree that the District is not required to either notify me when it provides such information or review such information with me and that it does not plan on doing so.
In consideration for the District providing such information, I, for myself, my heirs, successors, assigns, and personal representatives, expressly waive and release the District from any and all claims, including without limitation claims for defamation, emotional distress, invasion of privacy, violations of constitutional rights, violations of statutes or interference with contractual relations (and including claims based on or alleging negligence) which in any way arise out of the District providing the information described above, and I also agree to indemnify and hold harmless the District from any and all expenses, including without limitation reasonable attorneys' fees which the District may incur as a result of any such claims by me or others. This is not a mutual release; it does not operate as a release of any present or future claims of the District against me.
This authorization/release/indemnity shall remain in effect until receipt by M.S.A D. #11 of a written revocation from me.
I HAVE CAREFULLY READ AND CONSIDERED THIS
DOCUMENT BEFORE SIGNING.
____________________________________________ __________________
Signature Date
File: GCQCA
SCHOOL DISTRICT EMPLOYEE REFERENCES
The MSAD #11 Board recognizes that sharing of accurate information about current and former District employees with prospective employers is generally in the best interest of the District and other school Districts as well as employees seeking new employment, but that such disclosures may be restricted by state confidentiality laws and liability concerns. Authorized District supervisors may respond to reference inquiries concerning District employees or former employees who are seeking employment elsewhere as provided in this policy.
The Superintendent and other persons designated by the Superintendent are authorized to provide written or oral references concerning a current or former District employee only if the employee has signed the Authorization to Disclose Information/Release of Claims/Indemnity document attached to this policy. If no such Authorization has been executed, the District shall disclose only "directory information" as defined in 20-A MRSA § 6101. The original signed Authorization shall be retained permanently in the employee's personnel file.
If the Authorization is revoked in writing by the employee, no further references, apart from directory information, shall be provided with respect to the employee, and both the written revocation and the Authorization shall be retained in the personnel file.
This policy shall apply to both professional and non-professional school unit employees.
Legal Reference: 20-A MRSA § 6101
26 MRSA § 598
Cross Reference: GCQC - Resignation of School Unit Employees
Adopted: February 1, 2007
File: GCRD
TUTORING FOR PAY
To ensure that all students receive reasonable assistance without charge from their own teachers and to avoid placing a teacher in a position of a conflict of interest, teachers shall not tutor for pay any student they have in class or upon whose evaluation or assignment they will be called upon to pass.
No tutoring for which a teacher receives a fee will be permitted in the school building or on school time.
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCS
PROFESSIONAL RESEARCH AND PUBLISHING
The MSAD #11 Board considers that the school system has proprietary rights to publications, instructional materials and devices prepared by employees during their paid work time. However, the MSAD #11 Board also recognizes the importance of encouraging its professionals' writing, research and other creative endeavors.
When original materials are developed by employees or staff committees during working time, or as part of regular or special assignments for which they are paid, the school system will have sole rights in matters of publication or reproduction; however, identity of the employee(s) who created the materials will be clearly recognized and noted.
In situations where the proprietary rights to material is in doubt -as, for example, when original instructional materials have been developed partially during working time or as part of a paid assignment and partially during the staff member's own time - arrangements will be made for the appropriate assignment of rights and any profits.
However, a staff member may use his/her background of knowledge of district programs and operations in professional writing of any type, without the MSAD #11 Board claiming any rights to the materials or authority to approve them prior to publication, except that articles purporting to represent school system policy will be cleared by the Superintendent who may, if the subject warrants, seek MSAD #11 Board clearance.
Adopted: February 1, 2007
File: GCSA-E
MSAD #11 EMPLOYEE COMPUTER AND INTERNET USE ACKNOWLEDGMENT FORM
Employee Privately Owned Computer Use Form
I understand and consent to the MSAD #11 School Board policy on staff use of privately owned computers. I request that my privately owned computer be allowed to use the school computer services.
After signing and returning this form, you will be contacted with instructions on having your personal computer added to the network.
_________________ ________________________ _________________
Brand Name Model No. Serial No.
_____________________________________________________________________________
MAC Address (wireless) MAC Address (wired) Operating System
_____________________________________________________________________________
Employee (Printed Name) Date
_____________________________________________________________________________
Employee (Signature) Date
Adopted: August 4, 2011
File: GCSA
EMPLOYEE COMPUTER AND INTERNET USE
M.S.A D. #11 provides computers, school computer services to support the educational mission of the schools and to enhance curriculum and learning opportunities for students and school staff.
Employees are to utilize the District’s computers, desk equipment, and school computer services (including email) for school-related purposes and performance of job duties. Incidental personal use of school computers is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations, or other system users. “Incidental personal use” is defined as use by an individual employee for occasional personal communications. Employees are reminded that such personal use must comply with this policy and all other applicable policies, procedures, and rules.
Employees may be allowed to use privately owned computers at school with prior authorization (authorization will require the employee to provide the school all information necessary on privately owned computers, including MAC addresses, for the school to monitor, review and have access to the employee’s use of school computer services) provided that they comply with this policy and all related rules.
Any employee who violates this policy and/or any rules governing use of the District’s computers will be subject to disciplinary action, up to and including discharge. Illegal uses of the District’s computers will also result in referral to law enforcement authorities.
All MSAD #11 computers and school computer services remain under the control, custody, and supervision of the District. MSAD #11 reserves the right to monitor all computer, and school computer services by employees. Employees have no expectation of privacy in their use of school computers and equipment.
The Superintendent shall be responsible for overseeing the implementation of this policy and the accompanying rules and for advising the Board of the need for any future amendments or revisions to the policy/rules. The Superintendent may develop additional administrative procedures/rules governing the day-to-day management and operations of the District’s computer system and equipment as long as they are consistent with the Board’s policy/rules. The Superintendent may delegate specific responsibilities to the director of technology, building principals, and others as he/she deems appropriate.
Page 1 of 2
File GCSA
Cross Reference: GCSA-R - Employee Computer and Internet Use Rules
IJNDB - Student Computer and Internet Use
` IJNDB-R - Student Computer and Internet Use Rules
Adopted: January 9, 1997
Revised: June 22, 2000; June 3, 2004; February 1, 2007; August 4, 2011
Page 2 of 2
File: GCSA-R
EMPLOYEE COMPUTER AND INTERNET USE RULES
The intent of these MSAD #11 Board-level rules is to provide employees with general requirements for utilizing the District’s computers, equipment, networks, and the school computer services. The MSAD #11 Board rules may be supplemented by more specific administrative procedures and rules governing day-to-day management and operation of the computer system.
These rules provide general guidelines and examples of prohibited uses for illustrative purposes but do not attempt to state all required or prohibited activities by users. Employees who have questions regarding whether a particular activity or use is acceptable should seek further guidance from the Director of Technology.
Failure to comply with MSAD #11 Board policy GCSA, the rules and/or other established procedures or rules governing computer and equipment use may result in disciplinary action, up to and including discharge. Illegal uses of the District’s computers and/or equipment will also result in referral to law enforcement authorities.
A. Access to District Computers, Equipment, Networks and Internet Services
The level of access that employees have to District computers, and school computer services is based upon specific employee job requirements and needs.
B. Acceptable Use
Employee access to the District’s computers, and school computer services is provided for administrative, educational, communication and research purposes consistent with the District’s educational mission, curriculum and instructional goals. General rules and expectations of professional behavior and communication apply to use of the District’s computers, and school computer services.
Employees are to utilize the district’s computers, and school computer services for school-related purposes and performance of job duties. Incidental personal use of school computers, and school computer services is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations or other system users. “Incidental personal use” is defined as use by an individual employee for occasional personal communications. Employees are reminded that such personal use must comply with this policy and all other applicable policies, procedures and rules.
Page 1 of 5
File: GCSA-R
C. Prohibited Use
The employee is responsible for his/her actions and activities involving MSAD #11 computers, and school computer services and for his/her computer files, passwords, and accounts. General examples of unacceptable uses which are expressly prohibited include but are not limited to the following:
1. Any use that is illegal or in violation of other Board policies, including
harassing, discriminatory or threatening communications and behavior, violations of copyright laws, etc.;
2. Any use involving materials that are obscene, pornographic, sexually
explicit or sexually suggestive;
3. Any inappropriate communications with students or minors;
4. Any use for private financial gain, or commercial, advertising or
solicitation purposes;
5. Any use as a forum for communicating by email or any other medium
with other school users or outside parties to solicit, proselytize, advocate or communicate the views of an individual or non-school-sponsored organization; to solicit membership in or support of any non-school-sponsored organization; or to raise funds for any non-school-sponsored purpose, whether for-profit or not-for-profit. No employee shall knowingly provide school email addresses to outside parties whose intent is to communicate with school employees, students and/or families for non-school purposes. Employees who are uncertain as to whether particular activities are acceptable should seek further guidance from the building principal or other appropriate administrator;
6. Any communication that represents personal views as those of the School
District or that could be misinterpreted as such;
7. Downloading or loading software or applications without permission from
the system administrator;
8. Unauthorized copying of software is illegal and may subject the copier to
substantial civil and criminal penalties;
Page 2 of 5
File: GCSA-R
9. Opening or forwarding any email attachments (executable files) from
unknown sources and/or that may contain viruses;
10. Sending mass emails to school users or outside parties for school or non-
school purposes without the permission of the Superintendent;
11. Any malicious use or disruption of the School District’s computers,
and school computer services or breach of security features;
12. Any misuse or damage to the School District’s computer equipment;
13. Misuse of the computer passwords or accounts (employee or other users);
14. Any communications that are in violation of generally accepted rules of network etiquette and/or professional conduct;
15. Any attempt to access unauthorized sites;
16. Failing to report a known breach of computer security to the director of technology;
17. Using school computers, and school computer services such access has been denied or revoked; and
18. Any attempt to delete, erase, or otherwise conceal any information stored on a school computer that violates these rules.
D. No Expectation of Privacy
The District retains control, custody and supervision of all computers, and school computer services owned or leased by the District. The District reserves the right to monitor all computer and Internet activity by employees and other system users. Employees have no expectation of privacy in their use of school computers, including email messages and stored files.
E. Confidentiality of Information
Employees are expected to use appropriate judgment and caution in communications concerning students and staff to ensure that personally identifiable information remains confidential.
Page 3 of 5
File: GCSA-R
F. Staff Responsibilities to Students
Teachers, staff members and volunteers who utilize school computers and equipment for instructional purposes with students have a duty of care to supervise such use. Teachers, staff members and volunteers are expected to be familiar with the School district’s policies and rules concerning student computer and Internet use and to enforce them. When, in the course of their duties, employees/volunteers become aware of student violations, they are expected to stop the activity and inform the building principal or director of technology.
G. Compensation for Losses, Costs, and/or Damages
The employee shall be responsible for any losses, costs, or damages incurred by the District related to violations of policy GCSA and/or these rules.
School Unit Assumes No Responsibility for Unauthorized Charges, Costs or
Illegal Use.
The District assumes no responsibility for any unauthorized charges made by employees, including but not limited to credit card charges, subscriptions, long distance telephone charges, equipment and line costs, or for any illegal use of its computers or equipment such as copyright violations.
H. Additional Rules for Use of Privately Owned Computers by Employees
An employee who wishes to use a privately owned computer in school must sign an “Employee Privately owned Computer Use Form”.
The employee is responsible for proper care of his/her privately owned computer; including costs of repair, replacement, or any modifications needed to use the computer at school. The District is not responsible for damage, loss, or theft of any privately owned computers.
Employees are required to comply with all MSAD #11 Board policies/procedures and school rules while using school computer services on privately owned computers.
Employees have no expectation of privacy in their use of school computer services while using privately owned computers.
Page 4 of 5
File: GCSA-R
I. Employee Acknowledgment Required
Each employee authorized to access the MSAD #11’s computers, and school computer services is required to sign an acknowledgment form stating that they have read policy GCSA and these rules. The acknowledgment form will be retained in the employee’s personnel file.
Cross Reference: GCSA-Employee Computer and Internet Use
IJNDB – Student Computer and Internet Use
IJNDB-R –Student Computer and Internet Use Rules
Adopted: June 3, 2004
Revised: February 1, 2007; August 4, 2011
Page 5 of 5
File: GDA
SUPPORT STAFF POSITIONS
MSAD #11 shall employ nonprofessional personnel in positions that function to support the educational program of the schools. All such support staff positions in the school system shall be established initially by the MSAD #11 Board. For each new position, the MSAD #11 Board will review an initial job description as prepared by the Superintendent.
Support staff employees shall be those who work in the following general areas:
A. Secretarial staff;
B. Educational technicians (teacher aides/teacher assistants-full-time or part-time);
C. Custodial staff;
D. Maintenance staff;
E. Pupil transportation staff;
F. Food services staff.
G. Coaches; and
H. Other extra/co-curricular, part-time, extra-duty positions.
Although positions may remain temporarily unfilled, or the number of persons holding the same type of position reduced in event of de-staffing requirements, only the MSAD #11 Board may abolish a position that it has created.
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GE
NON-UNIONIZED PERSONNEL COMPENSATION AND BENEFITS
THIS POLICY ADDRESSES COMPENSATION AND BENEFITS FOR THOSE POSITIONS NOT INCLUDED IN ANY OTHER COLLECTIVE BARGAINING UNIT.
This policy applies to the following positions: Payroll clerk, Superintendent’s Administrative Assistant, Accounts Payable Clerk, Receptionist/Secretary, Special Education Administrative Assistant, Carpenter/Maintenance, Assistant Director of Operations, and Technology Technician (48 weeks).
Annual salary increases will be the same as those negotiated on the base step for the Educational Technician and Administrative Assistant Association’s contract.
Salaries will be based on job description, degree of responsibility, and expected length of work week/year.
If deemed warranted, the Superintendent will make recommendations to the MSAD #11 Board concerning salary and benefits for these positions. Modification of salaries and/or benefits must be approved by the MSAD #11 Board.
Adopted: May 6, 1993
Revised: June 1996; May 2000; June 2000, 2001, and 2002;
Reviewed: 3/3/2005; 2/1/2007; 1/3/2008; 1/8/2009; 4/2010; 6/2/2011
MANUAL FOR POLICY GE—NON-UNIONIZED PERSONNEL
Positions Included
Payroll Clerk, Superintendent’s Administrative Assistant, Accounts Payable Clerk, Receptionist/Secretary, Special Education Administrative Assistant, Carpenter/Maintenance, (all 52 weeks) Assistant Director of Operations (42 weeks), and Technology Technician (48 weeks).
A. Fringe Benefits
The District shall reimburse unit members at the current IRS mileage rate (established annually in July by the District) for personal vehicle use required by the employee’s immediate supervisor for school business. Unit members must submit a mileage form, approved by the member’s immediate supervisor, to the Superintendent’s Office on a monthly basis to receive reimbursement.
B. Sick Leave
Fifteen days per year accumulated to 150. Sick days are to be used only for illness or injury, which prevent an employee from performing his/her assigned duties or other responsibilities and medical appointments which simply cannot be scheduled outside of work days. Up to five days may be used to provide firsthand care for illness in the immediate family. Immediate family shall include spouse, children and other persons living in the same household. Up to five days may be used to care for other relatives in exceptional circumstances, with approval from the Superintendent. Unused personal days would be added to sick leave accumulation to 150 days.
As a condition of sick leave use, a physician’s statement may be required by the Superintendent (a) after five (5) work days out sick; or (b) at any time regardless of the length of the absence where the Superintendent has a reasonable basis to suspect that an employee is using sick leave in circumstances other than for permitted uses described above or has utilized sick leave in a manner which suggests possible sick leave abuse. Patterns of sick leave use which might suggest abuse include, for example, absence for three or more Mondays or Fridays or use of all annual sick leave days in any work year.
Payment for unused sick days - employees who have accumulated 150 days shall be paid $30 for each day over 150 (maximum of 15) not used. Payment is to be made at the end of each fiscal year.
C. Personal Leave
Three days per year subject to prior approval of the Superintendent may be used for religious, legal, business, household or family matters which cannot be conducted at times other than work days. Personal days cannot be used to extend a holiday or vacation (except for the above stated reasons) or for recreational purposes. The Superintendent’s decision is final.
D. Bereavement
A total of five days per bereavement, without salary loss, may be used for bereavement for a member of the immediate family, including spouse, parent,
child, sibling, grandparent, and in-laws of same. Additional bereavement leave may be requested of the Superintendent. It is at the discretion of the Superintendent to grant or not. The Superintendent’s decision is final. Any additional days shall be deducted from the employee’s accumulated sick leave.
E. Storm Days
It is expected that personnel will work during storm days unless directed otherwise by the Superintendent. Those who are unable or unwilling to travel, may use personal, sick, or vacation time.
F. Discipline and Dismissal
Disciplinary actions and/or dismissal shall be enacted in a fair and reasonable manner for violation of work rules, failure to perform according to job description, or failure to comply with management’s expectations. Unit members shall be disciplined according to the progressive discipline standard as follows:
1. Verbal reprimand;
2. Written reprimand;
3. Suspension without pay; and
4. Dismissal.
This standard of progressive discipline shall not apply for offenses that are repeated, of a serious nature, or where an employee’s work record is unsatisfactory. In such cases, the higher levels of discipline may be applied at the discretion of the Superintendent, whose decision is final.
G. Paid Holidays
Employees are salaried and paid for the year. The following holidays will be observed without any deduction in salary:
New Year’s Day Labor Day
Martin Luther King Day Columbus Day
President’s Day Thanksgiving Day
Patriot’s Day Day after Thanksgiving
Memorial Day Veteran’s Day
Independence Day Christmas Day
Day after Christmas (when Christmas falls on Monday-Thursday)
H. Vacations
1st year one week
After 1 year two weeks
After 5 years three weeks
After 8 years four weeks
After 20 years five weeks
After 8 years, up to 5 days can be carried over to the next fiscal year
I. Longevity
After 10 years of service $375
After 15 years of service $425
After 20 years of service $475
Longevity to be paid in a lump sum the first payroll in December.
J. Dental Insurance
The District will provide 100% of single subscriber for Plan II.
K. Health Insurance
The Board agrees to pay up to the following amounts toward the District’s health insurance plan:
HMO Single – 100%
HMO Parent/Child – 70%
HMO Husband/Wife – 70%
HMO Full Family – 70%
Notwithstanding the above, the following exceptions shall apply:
1. The District will pay 100% of husband/wife or full family for any currently married couple working full time within the District.
2. The spouse of an employee shall be eligible for coverage by the District only if the spouse is not eligible for health insurance coverage through his/her own employer.
3. Employees shall be entitled to set aside pre-tax dollars in medical and dependent care reimbursement accounts to cover anticipated expenses, in accordance with the appropriate IRS codes under Section 125. The maximum yearly employee contribution to the medical accounts shall be $1,500, and $5,000 to the dependent account, although the amount may be changed by mutual agreement of the Board and the Employees. The Board shall be responsible for paying only the first year set up fee, any employee presentation fess, and annual renewal fees for medical and dependent care reimbursement accounts. All other administrative fees shall be paid by the participants.
Note: The implementation of the Medical and Dependent Care Reimbursement Plan is contingent upon at least 10% of the employees covered by this Agreement signing up for said Plan on a yearly basis.
L. Retirement Benefit
Upon proof of receipt of retirement (benefits from Social Security or Maine State Retirement System), with twenty years of continuous service with the District, the Board will pay $75 a day for 1/2 accumulated sick leave up to the maximum of 30 days.
M. Personal Development
At the time of approval, the District will pay the total cost, up to the University of Maine Orono rates, for up to six credits, and related fees and materials (not to exceed $50 per course) annually upon completion of the course and presentation of earned grade to the Superintendent for graduate credit hours earned in a matriculating degree program related to the position.
For credits earned outside of a matriculating graduate degree program, the District will pre-pay the actual cost up to the UMO rates for up to three credits, including credit hours and CEU credits, annually, upon completion of the course and presentation of earned grade to the Superintendent.
All courses shall be pre-approved by the Superintendent and must fulfill requirements for reimbursement (e.g., accredited college or university) related to his/her present position or in a matriculated degree program. There is no carryover of credits from year to year. Payment shall be made for completion of credits of less than three (3) credit hours, such as two (2) credit hours or 1.5 CEU credits, upon proof of credit but not exceeding the UMO rate.
N. Physicals
The District will pay for physicals required by the District. The employee will take the physical at a vendor chosen by the District.
O. Salary Increases
Salary increases will be the same as those negotiated on the base step for the Educational Technician and Administrative Assistant Association’s contract.
Adopted: May 6, 1993
Revised: 6/96; 5/00; 6/00; 6/01; 6/02; 6/03; 6/04; 2/2/06; 2/01/2007; 1/3/2008
1/8/2009; 4/1/2010; 6/2/2011