G—PERSONNEL
JOB DESCRIPTIONS
In order for the school unit 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: October 14, 2003
M.S.A.D. #4
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 Board of Directors, and the Board reserves the right to make the final decision regarding such policies. The Board believes that the best interests of the district’s students should be the principle guiding the adoption of all educational policy. The 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 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 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: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
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 Board shall be notified of the relationship.
Exceptions
The Board may approve an exception to this policy where the 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: October 14, 2003
M.S.A.D. #4
STAFF DRESS CODE
Recognizing the important role that the District’s staff plays in setting an example for students and by the image of the school system they project in the community, the Board expects staff to exercise good judgment in their choices concerning dress and grooming while at work or while performing work-related activities.
The following guidelines shall apply:
A. Staff is to dress in a manner consistent with their responsibilities and reasonable standards of professionalism, safety, cleanliness, and hygiene.
B. Instructional staff, administrators and office staff are not to wear jeans, t-shirts, shorts, sweatshirts, tank tops or athletic wear except at the discretion of the building administrator. It is recognized that certain teaching assignments or special activities (e.g., field trips, field days) may require exceptions to this policy.
C. Dress and grooming shall provide appropriate role modeling for students.
D. Dress and grooming should promote a learning environment that is free from unnecessary disruption or distraction.
E. Staff members may be required to wear protective clothing or equipment as mandated by law or regulations or as necessary to provide a safe work environment. Building administrators and department supervisors are expected to counsel staff assigned to their buildings on the intent of this policy and their appearance as it relates to the educational environment.
Adopted: April 13, 1999
Revised: October 14, 2003
M.S.A.D. #4
DRUG-FREE WORKPLACE
The 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 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 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 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 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 unit; or during any period of time such employee is supervising students on behalf of the school system or otherwise engaged in school unit 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 unit 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 unit receives grant funds.
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 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: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
BLOODBORNE PATHOGENS
The 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 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 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: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS
Medical records will be maintained by the school unit 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 unit 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. #4 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. #4 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 unit, 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. #4 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. #4 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 unit 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 unit 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 unit 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.) (It takes 50 lbs. of material to be designated as biohazard.)
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 unit 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: October 14, 2003
M.S.A.D. #4
PERSONNEL RECORDS AND FILES
The school unit 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 unit;
C. Regular and extra-curricular duties, courses, subjects taught, and any other responsibilities since the start of employment by the school unit;
D. Post-secondary education institution(s) attended;
E. Major and minor field(s) of study as required 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 unit 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 which the Superintendent has in his/her possession.
A. The Superintendent shall, upon written request and within three 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 School Board members.
Relevant portions of a personnel file may be summarized and/or shared with the 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 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 unit 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: October 11, 1994
Revised: October 14, 2003
M.S.A.D. #4
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: October 11, 1994
Revised: October 14, 2003
M.S.A.D. #4
FAMILY AND MEDICAL LEAVE
The school unit shall 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 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: March 8, 1994
Revised: October 14, 2003
M.S.A.D. #4
FAMILY AND MEDICAL LEAVE ACT (FMLA)
ADMINISTRATIVE PROCEDURE
The following administrative procedure covers the main provisions of the federal Family and Medical Leave Act (FMLA). The guidelines in no way attempt to modify the Act, which should always be referred to when questions about implementation arise. The school unit is responsible for analyzing 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 REQUIREMENTS
To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school board are employed within 75 miles of that work site. An employee must have been employed by the school unit 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.
Under the FMLA, an eligible employee is entitled to receive up to twelve weeks of leave during a twelve-month period for the following reasons:
A. The birth and care of a child;
B. The adoption or foster placement of a child with the employee;
C. To care for a spouse, child or parent with a serious health condition; or
D. The employee is unable to perform the functions of his/her position because of a serious health condition.
II. ADMINISTRATION
A. 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.
B. The twelve-month period in which an employee is entitled to twelve weeks of FMLA leave shall be a rolling 12-month period measured backward from the date an employee uses an FMLA leave.
C. 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 that the employee had actual notice of FMLA notification requirements.
D. 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.
E. Upon an employee’s return to work, he/she will be restored to his/her previous position or to an equivalent position with equivalent pay, benefits, conditions and terms of employment.
F. 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.
G. If the employee is unable to return to work because of his/her own serious health condition at the expiration of allowable FMLA leave, the Superintendent 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 FMLA leave may subject the employee to immediate termination unless such an extension is granted.
H. An employee who is not eligible for federal FMLA leave may be eligible for Maine Family Medical Leave.
Legal Reference: 26 USC § 2601 et seq.
29 CFR Part 825
Adopted: March 8, 1994
Revised: October 14, 2003
M.S.A.D. #4
MAINE FAMILY MEDICAL LEAVE
ADMINISTRATIVE PROCEDURE
The following administrative procedure covers the main provisions of the Maine Family Medical Leave Act. The guidelines in no way attempt to modify the statute, which should always be referred to when questions about implementation arise. The school unit is responsible for analyzing 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 which 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 board. 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 consecutive 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;
C. Placement of a child 16 years of age or less in connection with the adoption of the child by the employee; or
D. Serious health condition of a child, parent, 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.
II. ADMINISTRATION
A. The school unit 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 employment policies, bargaining agreements, or contracts, shall also be considered leave under the Maine Family Medical Leave and shall be applied to an 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 may consider a request for extension of unpaid leave and benefits on a case-by-case basis.
H. An employee who is not eligible for Maine Family Medical Leave may be eligible for federal Family and Medical Leave.
Legal References: 26 MRSA § 843 et seq.
Adopted: March 8, 1994
Revised: October 14, 2003
M.S.A.D. #4
PROFESSIONAL STAFF HIRING
Through its employment policies, the 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 Board for employment. Through effective administrative procedures, the Superintendent shall recruit and recommend to the 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 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 unit. 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 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: October 14, 2003
M.S.A.D. #4
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 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 Board shall review the procedure, adapting as appropriate.
In accordance with 20-A MRSA, § 4502 (4-A), the unit’s Affirmative Action Plan shall include: a description of the status of the unit’s nondiscriminatory administrator hiring practice; plans for in-service training programs on gender equity for teachers, administrators and the 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: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
RECRUITING AND HIRING OF ADMINISTRATIVE STAFF
ADMINISTRATIVE PROCEDURE
These procedures implement 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 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 unit;
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 judgement 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 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 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 unit.
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 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 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
The school unit 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 unit to fill an administrative position only if the Superintendent, after consultation with the School Board, or the 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: October 14, 2003
M.S.A.D. #4
SUBSTITUTE TEACHERS
Substitute teachers may serve on a day-to-day basis to fill short-term classroom or instructional vacancies caused by the absence, resignation, inability to employ a certified teacher.
Qualifications
The administration is directed to employ certified substitute teachers prior to non-certified substitute teachers except in extenuating circumstances. All long-term substitute teachers must be approved by the Superintendent of Schools.
A. All substitute teachers shall be approved by the Maine Department of Education.
B. Certified substitute teachers may only substitute for a maximum of 90 school days in a non-certified assignment.
C. Non-certified substitute teachers with two or more years of college level education may serve in an assignment for a maximum of 60 school days
D. Substitute teachers with less than two years of college level education shall be employed for limited assignments, which shall not exceed ten consecutive school days.
E. The Superintendent may, based on extenuating circumstances, grant waivers.
Compensation
The compensation for substitute teachers shall reflect the level of education (degree/non-degree), days of service per year to the district (25 days per year or more) and annual participation in substitute teacher workshops.
A substitute shall be considered long-term when an assignment is at least 10 consecutive school days or is an advanced scheduled assignment of greater than 10 consecutive school days in the same assignment. The compensation level for a long-term certified substitute teacher shall be at the base rate of pay.
The M.S.A.D. #4 Budget Committee shall review the level of compensation on an annual basis and shall report its recommendations to the school board.
Legal Reference: 20-A M.R.S.A. § 13402(3)
Chapter 115 § 13 (Maine Department of Education Rules)
Adopted: June 9, 1998
Revised: October 14, 2003
M.S.A.D. #4
PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES
The 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 Board policy.
Legal Reference:
Adopted: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
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 Board that personnel be assigned on the basis of their qualifications, the needs of the school unit, 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 unit 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 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: April 10, 1990
Revised: October 14, 2003
M.S.A.D. #4
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. It is incumbent upon this School Board 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 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. Results of the evaluations shall be put in writing and shall be discussed with the teacher;
D. The teacher being evaluated shall 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.
In keeping with the 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 contin