MSSD14

welcome to manitou springs school district

Section G contains policies on school employees except the superintendent and general administration found in section C.      

GCBE  
Certified Staff Leave
GCC  
Leave of Absence
GCCA  
Leave of Absence - Experience Increment
GCCAA 
Sick Leave Bank
GCCAC 
Reimbursement for Unused Accumulated Sick Leave (Classified/Certified)
GCCACA 
Maternity and Paternity Leave
GCD 
District Holidays      
GCE  
Advertising Openings
GCEA 
Employee Applications
GCEC  
Employment of District Personnel
GCF 
Employment of Administrators
GCI  
Administrative Professional Growth
GCIA  
Professional Growth/Certified Staff
GCID  
Convention Attendance
GCKA 
Assignment of Certified Staff
GCKAA 
Reporting to Work - Certified Staff
GCM 
Contract Year
GCMA 
Counselor and Media Specialist Work Year
GCOA
Evaluation of Instructional Staff
GCOC
Evaluation of Administrative Staff
GCQEB 
Transitional Retirement
GCQF 
Cause for Dismissal - Certified Staff
GCQFA 
Dismissal Recommendation - Certified Staff
GCQG 
Reduction In Force
GD 
Classified Employees Defined
GDBD 
Classified Staff Leave
GDC
Classified Staff Compensation 
GDCE 
Classifed Staff Group Health and Hospitalization
GDCF 
Classified Staff - Term Life Insurance
GDCG 
Classified Employees’ Fringe Benefits
GDCH
Classifed Staff Annual Compensation Adjustment
GDD 
Classified Staff Vacation 
GDDA 
Classified Staff Payment for Earned Vacation
GDE
Support Staff Recruiting/Hiring
GDF
Fingerprints
GDGHI 
Classified Staff Jury Duty
GDJ 
Reassignment or Dismissal of Classified Staff
GDJA 
Authority to Dismiss or Re-Assign Classified Staff
GDK 
Classified Staff Grievance Procedure
GDQC
Classified Staff Severance Pay
GDQD                                                                                   
Discipline, Suspension and Dismissal of Support Staff

 

 

Policy Code: GCBE (VI. 31 E.)
Policy Name:  Certified Staff Leave
Adoption: November, 1995
Revised: June 22, 2001
Revised: June, 2005
Reviewed: December, 2008

All full time District teachers, counselors, and media specialists receive 8 days of annual leave each year. All District administrators receive 12 days of annual leave each year. Annual leave will be prorated for any staff contracted for less than full time. Annual leave may be used for any purpose by the employee. Unused annual leave will accumulate indefinitely  as sick leave. During any given year, all employee absenteeism  will first be deducted from that year's annual leave. After that given year's annual leave is exhausted, accumulated sick leave, if available, may be used for further absenteeism due to illness.

If an employee has used up all annual leave and needs to be absent due to a family emergency, accumulated leave may be used with the permission of the Superintendent. When all accumulated sick leave is exhausted, further absenteeism, will be charged against the employee at the daily rate of compensation for that employee.

The Superintendent may investigate the appropriateness of the use of leave for either illness or family emergency, and deny the use of, or cause to be charged against the employee, if such leave by the employee is determined inappropriate.

 

Policy Code: GCC (VI. - 28.)
Policy Name: Leave of Absence
Adoption:  November, 1995
Revised: December 2008

Any certified staff member may request a leave of absence from the district without pay. The request must include the reason and the starting and ending dates of the leave. The Board shall determine if the leave is to be granted and, if so, for what period of time based upon the staff member’s request and the needs of the district.

 

Policy Code: GCCA (VI. - 29.)
Policy Name:  Leave of Absence - Experience Increment
Adoption:   November, 1995
Revised:
Reviewed:  December, 2008

Staff members on leave of absence from the district do not receive an experience increment on the salary schedule for that year. If a leave is granted for part of a year the experience increment for that year will not be awarded unless the employee has worked more that 50% of the year’s contract.

 

Policy Code: GCCAA (III. - 33.)                                                   
Policy Name:  Sick Leave Bank                                                                       
Adoption:  November, 1995
Revised: August, 2011

A sick leave bank is established in the district for all classified employees who work 20 hours or more per week and all certified employees who work halftime or more. Employees not meeting this minimum requirement who are members of the bank in December 2008 may remain in the bank. The purpose of the bank is to provide additional sick days for participants who have extended illnesses causing them to use all annual and accumulated sick leave.
Any district employee, as defined above and new to the district, may join the sick bank by donating one day of leave to the bank within 30 days of their initial employment.  No employee may join the bank after their initial 30 days of employment; except those whose employment status increases from less than ½ time to ½ time or more (certified) or from less than 20 hours per week to 20 hours per week or more (classified). In such cases, the employee must join the bank within 30 days of this change of employment status.
In order to apply for days from the bank, the member must first have depleted all annual and accumulated sick leave. The participant must also provide a statement from his or her physician stating the nature of the illness and prognosis of time needed for recovery.
The number of days available for each member of the bank will be determined by the status of the member’s annual and sick leave accumulation when the extended illness occurs. The table below depicts the number of eligibility days for a member based on leave status.


Days of annual leave plus                                        Number of sick leave
accumulated sick leave on                                        bank days which may
    first day of illness                                                            be requested       
            0                                                                                        4
            1                                                                                        6
            2                                                                                        8           
            3                                                                                      10
            4                                                                                      12
            5                                                                                      14
            6                                                                                      16
            7                                                                                      18           
            8 or more                                                                        20

 

Participants may not withdraw sick days from the bank more than twice during any school year.
Participants will add days to the sick leave bank through the “one day” yearly donation until a reserve of 200 days is accumulated in the bank. No further days will be added to the bank until the reserve has dropped to 150 days. Then, at the beginning of the school year immediately following the date the bank’s reserve has dropped to 150 days, a further day will be assessed each participant until the reserve is again at or above 200 days. The employee must contribute additional days as needed in order to remain a participant in the bank and shall designate if the added days are to be deducted from annual or accumulated leave.
A participant may withdraw from the bank at any time by submitting his/her intention to the Superintendent in writing. Any participant who withdraws forfeits all days he or she previously donated to the bank. The Board of Education will review the operation of the sick leave periodically to determine is it is in the best interests of the district’s fiscal management to continue the bank. Should the Board rescind this policy and dismantle the employee sick bank, each participant shall have the balance of his non-used contributed day(s) credited back to his individual accumulated leave account.

 

Policy Code: GCCAC (VI. – 30)
Policy Name: Reimbursement for Unused Accumulated Sick Leave
Adoption: November, 1995
Revised: June, 2005
Reviewed: December 2008

Employees retiring from School District 14 shall be reimbursed for accumulated sick leave as follows.
To qualify, the employee must apply for and be approved for their PERA retirement.

Formula:*

1.  5-9 years of service at the time of retirement and not including the transition year:    
20% of the base per diem pay up to 40 days total.

2.  10-14 years of service at the time of retirement and not including the transition year:  
30% of the base per diem pay up to 50 days total.

3.  15-19 years of service at the time of retirement and not including the transition year:  
40% of the base per diem pay up to 60 days total.

4. 20 years of service at the time of retirement and not including the transition year:             
50% of the base per diem pay up to 100 days total

Calculation of per diem pay:

Teachers:  Base teacher salary as it appears on the salary schedule divided by the number of contract days.
                       
Administrators/Directors: The lowest Administrative Salary Schedule factors for the position the employee holds at the time of retirement.   The per diem will be determined by dividing that base pay by the number of contract days specified for the administrator/director. 

Classified:  The base hourly rate for the classification the employee holds at the time of retirement times the number of hours per day the employee worked at the time of retirement.

For budgeting purposes and for the purpose of this policy, employees must submit a letter of resignation stating their intent to retire by March 1 of the year of retirement.  Employees will receive payment in the month following retirement or in July immediately following retirement, whichever comes later.   If the March 1 deadline is not met, payment will be made in July one year after retirement. 

*Full and complete years of service as defined by the appropriate job classification.  Partial years will not be credited as a year of service. 

 

Policy Code: GCCACA (VI.-19.)
Policy Name: Maternity and Paternity Leave
Adoption: November, 1995                                                                       
Revised: March 28, 2005
Reviewed: December 2008

Employees who become pregnant or whose spouse becomes pregnant may use unused and accumulated sick leave (after annual leave is exhausted) for a maximum of 30 school days beginning with the birth of the child. These 30 school days must fall within 42 calendar days of the birth of the child.  If the employee chooses to stay at home with the baby beyond the 30 days allowed by this policy, he/she must apply for a leave of absence without pay.  The Board will determine the dates of this leave, if granted, based on the employee's request, requirements of the Family Leave Act, and the needs of the district. 

 

Policy Code: GCD (III. - 32.)
Policy Name: District Holidays                                                                        
Adoption: November, 1995
Revised: June 28, 2004
Reviewed: December, 2008

The following holidays are established by School District 14 for the full- time twelve month employees of the district:

Labor Day
Columbus Day
The day before Thanksgiving
Thanksgiving Day
The day after Thanksgiving
Christmas Eve Day
Christmas Day
The day after Christmas
New Year’s Eve Day
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
July Fourth

When a holiday occurs on a Saturday or Sunday, the district will close on a weekday determined by the Superintendent to observe the holiday.

Should the Board of Education’s yearly adopted school calendar designate any of the above holidays as student attendance days, than all staff shall be expected to work on those days.

Nine and ten month employees shall follow the above holiday schedule as established in the yearly school calendar.

 

Policy Code: GCE (VI. - 9.)
Policy Name:  Advertising of Openings
Adoption: November, 1995           
Revised: March, 2006
Reviewed: December 2008

All openings for employee positions shall be advertised the district for five days and then externally.  The Board reserves the right to select the candidate they feel will be most qualified to fill the position.

                                                           
Policy Code: GCEA (VI. - 10.)
Policy Name: Employee Applications
Adoption: November, 1995
Revised: March, 2006
Reviewed: December 2008

All applicants for employee positions must fill out the proper application and provide other information as listed on the application. Other information, such as credentials, may be required by the interviewer. Personal interviews shall be required before final recommendations for employment is made to the Board. Specific guidelines detailing the application and selection process shall be devleoped by the Superintendent.

 

Policy Code: GCEC (VI. - 11.)
Policy Name: Employment of District Personnel
Adoption: November, 1995
Revised:
Reviewed:  January, 2010

The primary purpose of this procedure is to assure that the best available candidate is selected for this position. See District 14 Employment Guidelines.
1. Vacancies
A. Notice of all certified vacancies shall be posted within the district from 1-5 days via e-mail and/or paper notices if practical.
B. All vacancies shall be advertised locally , regionally and nationally as appropriate.

2. Applications
a. All applications must be in writing.
b. All applications must include the following items: (Incomplete applications will not be considered.)
1. A complete district application
2. Up to date transcripts as appropriate
3. Credentials – teacher placement papers or 3 letters of reference
4. Valid Colorado teaching credentials (certified staff)
5. Up to date resume
6. No other information will be accepted at this time
c. Deadlines for applications will be set and adhered to unless the vacancy is other wise advertised. Applications received after deadline date may not be considered.

3. Review of applications
a. Applications shall be reviewed by the Superintendent or designee. He/she may enlist services of others with initial screening, rating and review.
b. No files may leave the central administration unless properly signed out on files form.

4. Interviews
a. Interviews will be set up and conducted by the appropriate administrator.
b. The interview team shall contain no less than three employees except as allowed in 4.
c. c. Upon approval from the Superintendent or designee, this policy may allow for alternate hiring procedures due to emergency and limited time situations.
d. Following the interviews, the administrator shall submit their recommendation to the superintendent for consideration.
e. The superintendent shall submit the request for employment to the Board of Education for approval or ratification.
f. When interviewing for certain positions, especially administrative, it may be appropriate to use a screening committee composed of administrators, teachers, other staff and community members. It will be the responsibility of the superintendent or designee to appoint this committee and designate a chairperson when this system is employed.

5. Offering of position
a. The administrator shall offer the position to the candidate, complete the salary request form, and explain the conditions of the contract.
b. Unsuccessful candidates that were interviewed for the position shall be notified personally or in writing when the position is filled.
c. Application materials will be kept on file for one year. (This policy does not pertain to the employment of the Superintendent.)

 

 

Policy Code: GCF (VI. - 8.)
Policy Name: Employment of Administrators
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

The Superintendent of Schools is responsible for setting up the interviewing team(s), selecting the final candidate and recommending for employment all district administrators below the level of Superintendent.

 

Policy Code: GCI (III. - 27.)
Policy Name: Administrative Professional Growth           
Adopted: November, 1995
Revised:
Reviewed: December, 2008

Administrators who go to summer school may do so on their working time and are not expected to use vacation time for professional educational study which is approved by the Superintendent as long as summer duties are completed.

 

Policy Code: GCIA (VI. - 24.)
Policy Name: Professional Growth Certified Staff
Adoption: November, 1995                       
Revised:
Reviewed: December, 2008

Certified employee contracts will be adjusted each September to reflect any approved hours of credit earned the previous 12 months. Credit earned by a certified employee will be applied to an upward adjustment of the contract only if proof of the earned hours in the form of a transcript or grade sheet is presented to the Superintendent's office before September 1. Credits submitted after September 1 will not apply to contract adjustments until the following year.

 

Policy Code: GCID (III. - 21.)
Policy Name: Convention Attendance
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The Board of Education may appropriate funds to send administrators and other staff members to meetings and conventions of an educational nature.

Policy Code: GCKA (VI. - 17.)
Policy Name: Assignment of Certified Staff
Adoption: November, 1995                       
Revised:
Reviewed: December, 2008

The Superintendent, upon the advice of the principals and Assistant Superintendent for Instruction will make all assignments of certified staff within the system.

Policy Code: GCKAA (VI. - 13.)
Policy Name:  Reporting to Work - First Day
Adoption:  November, 1995           
Revised:
Reviewed: December, 2008

If a certified employee does not report to work on the appointed first day of the contract and does not request and receive permission from the Superintendent for reporting at a later date, the employee’s contract shall be null and void.
 

Policy Code:  GCM (VI. - 21.)
Policy Name: Contract Year
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The contract year for all certified staff members except the the superintendent shall be from August 15 to the following August 14.

                                            
Policy Code:  GCMA (VI. - 22.)
Policy Name: Counselor and Media Specialist Work Year
Adoption: November, 1995
Revised:
Reviewed: December, 2008

Counselors and the media specialist at the high school work 10 more days than the teachers and receive extra compensation for doing so. The middle school counselor works 5 more days than the teachers and receives extra compensation for doing so. Administrators’ work years are listed in the administrative salary schedule.                                  

Policy Code: GCOA
Policy Name: Evaluation of Instructional Staff
Adoption: September, 2010
Reviewed:
The Board recognizes that sound appraisal of teaching performance is critical in achieving the educational objectives of the school district. The Board expects its supervisory and administrative staffs to exert reasonable efforts to help and encourage staff members to develop their teaching personalities and instructional abilities to an optimum degree.

In keeping with state law and Board policy, the performance evaluation system shall serve as a basis for the improvement of instruction, enhance the implementation of curricular programs, and measure professional growth and development and level of performance of licensed personnel. The evaluation system also shall serve as the measurement of satisfactory performance and documentation for dismissal for unsatisfactory performance.

The Board shall consult with district administrators, teachers, parents and the advisory school district personnel performance evaluation council in developing the evaluation system.
The basic requirements of the evaluation system shall be:

1. All licensed personnel, including full-time and part-time teachers, shall be regularly evaluated by administrators/supervisors who have a principal or administrator license and education and training in evaluation skills which will enable them to make fair, professional and credible evaluations of the personnel
whom they are responsible for evaluating.

2. Evaluations shall be conducted in a fair and friendly manner and shall be based on written criteria which pertain to good teaching and the staff member's particular position.

3. Standards for satisfactory performance of licensed personnel and criteria which can be used to determine whether performance meets such standards shall be developed. One of the standards for measuring teacher performance shall be directly related to classroom instruction and shall include multiple
measures of student performance. The district personnel performance evaluation council shall be an active participant in the development of standards of performance.

4. All evaluation standards and criteria shall be given in writing to all licensed personnel and shall be communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

5. The system shall identify the various methods which will be used for information collection during the evaluation process such as direct and informal observation and peer, parent or student input obtained from standardized surveys. All data on which an evaluation judgment is based will be documented to the extent possible and available for the teacher's review.

6. The evaluation system shall specify the frequency and duration of the evaluation process which shall be on a regular basis to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. Probationary teachers shall receive at least two documented observations
and one evaluation that results in a written report every year. Non-probationary teachers shall receive at least one documented observation each year and at least one evaluation that results in a written report every three years.

7. All written evaluation reports shall be specific as to performance strengths and weaknesses, specifically identify when a direct observation was made, identify data sources, and contain a written improvement plan. The written improvement plan shall be specific as to what improvements if any are needed in performance.
The staff member concerned shall have an opportunity to review the document with the supervisor who makes the evaluation, and both shall sign it. The evaluation document shall be reviewed by a supervisor of the evaluator whose signature also shall appear on it. If the evaluatee disagrees with any of the conclusions or recommendations made in the evaluation report, he or she may attach any written explanation or other
relevant documentation.

8. The system shall contain a process to be followed when a teacher's performance is deemed unsatisfactory. In accordance with state law, this process shall provide for a notice of deficiencies, a remediation plan and an opportunity to correct the deficiencies.

9. Teachers and/or Administrators may not record (i.e. audio, video) classroom instruction during observations unless both parties agree in writing prior to the observation.

The school district shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate the evaluation.
No minor deviation in the evaluation procedures shall invalidate the process or the evaluation report.

Nothing in this policy shall be construed to imply in any manner the establishment of any property rights or expectancy or entitlement to continued employment not explicitly established by statute, Board policy or contract. Neither shall this policy and/or the evaluation system be deemed or construed to establish any conditions prerequisite relative to renewal of contracts, transfer, assignment, dismissal or other employment decisions relating to school personnel.

Unless an evaluator acts in bad faith or maliciously with respect to the application of a procedure associated with the evaluation process, any misapplication of a procedure, failure to apply a procedure or adhere to a prescribed timeline shall not be an impediment to or prevent the Board from modifying an employee's
contract status or assignment under the terms of the employment contract and state law. The content of the evaluation, the ratings given and any improvement or remediation plan shall not be grievable under the district's formal grievance process.

All employment decisions remain within the sole and continuing discretion of the Board of Education, subject only to the conditions and limitations prescribed by Colorado law.

(Adoption date)
LEGAL REFS.: C.R.S. 22-9-101et seq.(Licensed Personnel Performance
Evaluation Act)
C.R.S. 22-63-301 (grounds for dismissal)
C.R.S. 22-63-302(8) (burden of proof)
CROSS REFS.: BDFA*, District Personnel Performance Evaluation Council
GCOE*, Evaluation of Evaluators
GCQF, Discipline, Suspension and Dismissal of
Professional Staff
IK, Academic Achievement
[Revised February 2008]
COLORADO SAMPLE POLICY 1990

Policy Code: GCOC
Policy Name: Evaluation of Administrative Staff
Date Adopted: January 24, 2011
Date Reviewed:

The Board shall institute and maintain a comprehensive program for the evaluation of all licensed administrative personnel, including principals.
The purpose of administrator evaluations shall be to assist administrators in developing and strengthening their professional abilities, improve the instructional program, enhance the implementation of curricular programs, and measure professional growth and development and level of performance of administrators. The evaluation system also shall serve as the measurement of satisfactory performance and documentation for an unsatisfactory performance dismissal proceeding under state law, if applicable.
The evaluation process shall provide for:
1. Cooperative planning of job performance objectives by administrator and evaluator.
2. Evaluation in relation to job description and objective accomplishments.
3. Means for self-evaluation.

The Board shall consult with district administrators, parents and the advisory school district personnel performance evaluation council when developing the process for evaluation of licensed administrators.  All licensed administrators or principals that administer, direct or supervise the instructional program shall be evaluated consistent with state law.

The basic requirements of the evaluation system as it pertains to licensedadministrators shall be:

1. All licensed administrators shall be regularly evaluated by properly licensed supervisors who have a principal or administrator license and education and training in evaluation skills which will enable them to make fair, professional and credible evaluations of the personnel whom they are responsible for evaluating.

2. Evaluations shall be conducted in a fair and friendly manner and shall be based on predetermined written criteria which pertain to the administrator's position.

3. Standards for satisfactory performance of administrators and criteria which can be used to determine whether performance meets such standards shall be developed. The district personnel performance evaluation council shall be an active participant in the development of standards of performance.

4. Evaluation standards and criteria shall be given in writing to all administrators and shall be communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

5. The system shall identify the various methods which will be used for information collection during the evaluation process such as direct and informal observation and peer, parent or student input obtained from standardized surveys. All data on which an evaluation judgment is based will be documented to the extent possible and available for the administrator's review.

6. The evaluation system shall specify the frequency and duration of the evaluation process which shall be on a regular basis to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn.

7. All written evaluation reports shall be specific as to performance strengths and weaknesses, specifically identify when a direct observation was made, identify data sources, and contain a written improvement plan. The written improvement plan shall be specific as to what improvements if any are needed in performance.  The administrator concerned shall have an opportunity to review the document with the supervisor who makes the evaluation, and both shall sign it. The evaluation document shall be reviewed by a supervisor of the evaluator whose signature also shall appear on it. If the superintendent is the evaluator, the signature shall be that of the president of the Board of Education.  If the administrator disagrees with any of the conclusions or recommendations made in the evaluation report, he or she may attach any written explanation or other relevant documentation.

8. The system shall contain a process to be followed when a principal's performance is deemed unsatisfactory. In accordance with state law, this process shall provide for a notice of deficiencies, a remediation plan and an opportunity to correct the deficiencies.

The school district shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate the evaluation. No minor deviation in the evaluation procedures shall invalidate the process or the evaluation report.  The superintendent shall make regular reports to the Board concerning the outcome of administrator evaluations.

Nothing in this policy shall be construed to imply in any manner the establishment of any property rights or expectancy or entitlement to continued employment not explicitly established by statute, Board policy or contract. Neither shall this policy and/or the evaluation system be deemed or construed to establish any conditions prerequisite relative to renewal of contracts, transfer, assignment, dismissal or other employment decisions relating to school personnel.
Unless an evaluator acts in bad faith or maliciously with respect to the application of a procedure associated with the evaluation process, any misapplication of a procedure, failure to apply a procedure or adhere to a prescribed timeline shall not be an impediment to or prevent the Board from modifying an employee's contract status or assignment under the terms of the employment contract and state law. The content of the evaluation, the ratings given and any improvement or remediation plan shall not be grievable under the district's formal grievance process.
All employment decisions remain within the sole and continuing discretion of the Board of Education, subject only to the conditions and limitations prescribed by Colorado law.

LEGAL REFS.: C.R.S. 22-9-101et seq.(Licensed Personnel Performance Evaluation Act)
C.R.S. 22-32-109(1)(jj) (board's duty to identify areas in which principals may need professional development)
C.R.S. 22-32-126 (employment and authority of principals)
C.R.S. 22-63-301 (grounds for dismissal)
C.R.S. 22-63-302(8) (burden of proof)
CROSS REFS.: BDFA*, District Personnel Performance Evaluation Council
GCOE*, Evaluation of Evaluators
GCQF, Discipline, Suspension and Dismissal of Professional Staff

NOTE: All licensed administrators who administer, direct or supervise the instructional programs are subject to the Licensed Personnel Performance Evaluation Act and must receive at least one documented observation each year and at least one evaluation that results in a written report every three years. State law requires that principals in their first three years of employment as principals receive one written evaluation in each of the first three years and at least one written evaluation every three years after that.

The basic requirements of the evaluation system set forth in this policy and the accompanying regulation contain the minimum legal requirements of the Act. However, the Board has discretion to fashion its own evaluation system as long as it meets the statutory requirements. Therefore, to be more consistent with actual practice, we have modified the frequency and reporting requirements from those contained in the Act.

Although the Act only applies to licensed administrators involved in instructional programs, this policy could be extended to make those requirements applicable to the evaluation of all administrators.

 

Policy Code:  GCQEB
Policy Name:  Transitional Retirement
Adoption:  July 26, 2004
Reviewed:  June 27, 2011
                                               

The Manitou Springs Board of Education shall consider requests for Transitional Retirement as permitted by PERA and PERA guidelines with the following conditions:

1. The employee must retire from Manitou Springs School District 14 and complete the retirement process with PERA.

2. The employee shall submit a letter requesting retirement and subsequent Transitional Retirement to the superintendent of schools. This request will be for employment within the District and must comply with all of PERA’s post retirement work regulations. The superintendent, or his/her designee, shall forward the request for the transitional retirement agreement to the Board of Education. The Board of Education may take up to 120 days to approve or deny the transitional retirement request.

3. The Board of Education shall make final approval of a Transitional Retirement by giving consideration to the needs of the District and recommendations from the immediate supervisor and the Superintendent.

4. The employee must be a classified or certified staff member with a minimum of five full and continuous years of employment in District 14. The five full and continuous years must be immediately prior to the request for a Transitional Retirement Plan.

5. If approved by the Board of Education:

A. The employee will serve as an “at will” employee.

B. The employee may continue accessing employee health insurance benefits in accordance with Board Policy for regular employees.

C. The employee will receive no paid holidays, paid vacations, or paid leaves, including sick leave or access to the sick leave bank. Days not worked will result in a salary deduction of the per diem rate.

D. The retiree will be paid at the same salary amount for the position in which he/she would have received had he/she not retired, less employee and employer PERA contribution and shall be subject to other withholdings as required by law.

6. The employee will execute a Transitional Retirement Agreement in which they waive any and all rights and remedies available under provisions of the Colorado Teacher Employment, Compensation and Dismissal Act, C.R.S. 22-63-101.

7. Under any Transitional Retirement agreement, the retiree’s appointment is subject to the laws of the State of Colorado, the Rules and Regulations of PERA, Manitou Springs School District 14 Board of Education policies, and administrative procedures during the retiree’s employment.

8. Under any Transitional Retirement agreement, the District shall not be responsible for the retiree’s continuing eligibility for PERA benefits.

 

Policy Code: GCQF (VI. - 3.)
Policy Name: Cause for Dismissal of Certified Staff
Adoption: November, 1995
Revised:
Reviewed:  December, 2008

The Board reserves the right to dismiss any certified staff member for incompetence, immorality, physical or mental disability, neglect of duty, insubordination, conviction of a felony, unsatisfactory performance, or other good and just cause.

 

Policy Code:  GCQFA (VI. - 4.)
Policy Name: Dismissal  Recommendation: Certified Staff
Adoption: November, 1995
Revised:
Reviewed: December 2008

If the district administration deems it necessary to dismiss, non-renew or reassign any certified employee, such recommendation will be made to the Board of Education for its decision.

Policy Name:  GCQG
Policy Code: REDUCTION IN FORCE
Adoption:   July 26, 2004
Revised:
Reviewed: December, 2008

 

I.            Definitions

1.            “Cancellation of employment means the termination of employment of a teacher when there is a justifiable reduction in the number of teaching positions in the school district by reason of fiscal exigency or program change.

2.            “Teacher” means any person who is regularly certified by the teacher certifying authority for the state of Colorado, and who is employed to instruct, direct, or supervise the instructional program, except those persons holding letters of authorization and the chief administrative officer of any school district.

3.            “Fiscal exigency” means any significant decline in the board of education's ability to fund the operations of the district resulting from a decline in enrollment or other action or events.

4.            “Programs change” means any elimination, curtailment, or reorganization of curriculum, program, or operation, or a reorganization or consolidation of two or more individual schools. A program change need not be caused by fiscal exigency.

II.            General Grounds for Cancellation of Employment

Cancellation of employment may take place when the board of education decides that a fiscal exigency or a program change requires cancellation of one or more teaching positions. Such a decision may be made and may result in termination effected only in accordance with the procedure provided in the Reduction of Force policy.

III.             Board of Education's Preliminary Determination and Statement

If the board decides that a state of fiscal exigency exists or is imminent, or a program change has occurred or should seriously be considered, and cancellation of employment of one or more teachers may be required, it shall prepare a statement that identifies with reasonable particularity the state of fiscal exigency or the program change. This statement shall be transmitted to the superintendent of schools and school district faculty.

IV.            Superintendent's Action

Within twenty days after receiving the statement from the board, the superintendent shall submit to the board recommendations for canceling the employment of particular teachers in the areas or program designated by the board in its initial statements. When cancellation of a teaching position occurs within any particular endorsement area the contracts of first year probationary teachers who are occupying such positions shall be canceled first.

The superintendent will use the following three factors when recommending a teacher for cancellation of employment: 

            1.              The needs of the district to preserve academic excellence and meet the                                     needs of children.
            2.             The area of specialty for which a teacher was hired. 
            3.             Past teaching performance and future teaching potential.  To be                                                 determined in part by current and past evaluations.

The superintendent shall deliberate with the district Leadership Team to jointly develop a fair process and appropriate criteria in consideration of these three factors. 

Other factors which might be considered are:

1.            Professional experience including experiences an administrator,
2.            Level of education,
3.            Length of Service,
4.            Affirmative action considerations,
5.            Extracurricular involvement.

The salary of a teacher being considered for cancellation of employment shall not be a consideration in the superintendent's recommendation.

V.            Notice to Individual Teacher

If, after considering the superintendent's recommendation, the board acts to cancel employment, it shall give written notice of that fact by registered mail, return receipt requested, to the teacher to be terminated. The notice shall include a statement of the conditions requiring termination of employment, a general description of the procedures followed in making the decision, and a disclosure of pertinent financial or other data on which the decision was based. The teacher's address as it appears in the school district's records shall be deemed to be the correct address. It shall be the teacher's responsibility to insure that the district has his or her current address on file.

 

VI.            Review of Individual Cancellations 

Within ten days after receiving a notice of termination, a teacher may request a review of the action by the board of education. The board of education may delegate the responsibility for conducting a hearing to an impartial hearing officer elected by the board. When appropriate, more than one case can be heard at the same time. Review may occur solely to determine the following:

1.            Was there rational basis to determine that a fiscal exigency existed or a program change was necessary or appropriate; or
2.            Was the cancellation procedure arbitrary or capricious; or
3.            Was the decision to cancel the employment of the teacher arbitrary or capricious?

The request for review must be in writing and addressed to the president of the board of education. It must specify the grounds on which it is contended that the decision was improper under this policy and must include a short, plain statement of facts that the employee believes support the contention.

Submission of such a request constitutes a representation on the part of the teacher that he or she can support the contention by factual proof.

The board shall consider the request and shall schedule a hearing to be held within ten days after the request is received. The teacher shall be given at least five days notice of the hearing.

VII.            Conduct of the Hearing

The hearing shall be conducted informally and, upon agreement of both sides, in private.

Counsel may represent the teacher. The school district shall have no obligation to pay for the service of counsel representing the teacher. A board member who has a significant conflict of interest should ask to be disqualified by the board's adoption of motion of disqualification. A recorded transcription of the proceedings will be maintained. The board or hearing officer may consider only such evidence as is presented at the hearing, and it need consider only the evidence that it considers fair and reliable.

After the superintendent or counsel completes the presentation, the board shall consider the matter in executive session or the hearing officer may take the matter under advisement. A decision shall be made within fourteen days following the completion or the hearing.

 

VIII.            Exclusive Procedure

This Reduction in Force Policy represents the only procedure that may be used in a Reduction in Force involving a teacher. Any existing procedure for reconsidering or examining an employee discharge, non-reappointment, or grievance is not available for considering an issue that arises from a reduction in force. Similarly, no other personnel action other than reduction in force may be considered under this procedure.

 

Policy Code: GD (VII. - 1.)
Policy Name:  Classified Employees Defined
Adoption:  November, 1995
Revised: March 28, 2005
Revised: September, 2011

Classified staff employees, unless otherwise designated by contract, shall be considered "at will" employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy.  Support staff members shall be employed for such time as the district is in need of or desirous of the services of such employees.

School District 14 classified employees includes but is not limited to the following:
1. Assistant Superintendent: Classified or Certified depending upon the needs of the district.
2. Coordinator of Technology: Classified or Certified depending upon the needs of the District.
3. Director of Buildings and Grounds.
4. Director of Food Services.
5. Director of Transportation.
6. Coordinator of Custodial Services
7. All secretaries, administrative assistants, para educators, media technicians, computer technicians, and accounts payable, payroll and benefits, and financial & reporting reconciliation staff.
8. All bus drivers, food services employees, custodians and grounds persons.
9. Superintendent of Schools: Classified or Certified depending upon the needs of the district.

 

Policy Code:  GDBD (VII. - 24.)
Policy Name: Classified Staff Leave
Adoption: November, 1995
Revised: January 22, 2001
Revised: June, 2005                                                                                               
Reviewed: December, 2008

Classified employees who work more than 202 days per year receive 12 days annual leave each year. Classified employees working 202 days or less receive 8 days of annual leave yearly. The yearly anniversary date for adding annual leave shall be July 1.  After a classified employee has started work with the district, the employee shall receive one leave day for each 20 days worked.  After the employee has been awarded 6 leave days ( having been employed a minimum of 120 days) the employee shall be eligible to receive next year’s full complement of leave on the next anniversary date. If an employee has not been awarded 6 days leave before the next anniversary date, leave will continue to be awarded on a 1 day of leave for each 20 days worked until the next anniversary date. The annual leave may be used by the employee for any purpose. Unused annual leave will accumulate indefinitely as sick leave.

During any given year, all employee absenteeism will first be deducted from that year’s annual leave. After that given year’s annual leave is exhausted, accumulated sick leave, if available, may be used for further absenteeism due to illness.

If an employee has used up all annual leave and needs to be absent due to a family emergency, accumulated leave may be used with the permission of the Superintendent.  When all accumulated sick leave is exhausted, further absenteeism, will be charged against the employee at the daily rate of compensation for that employee.

The Superintendent may investigate the appropriateness of the use of leave for either illness or family emergency, and deny the use of, or cause to be charged against the employee, if such leave by the employee is determined inappropriate.

A day of leave per employee is defined as the same number of hours as a work day for the employee.  Thus, an employee who works 4 hours per day for 180 days per year receives 8 four hour days of annual leave per year.

Employees who work full days and work less than full time will have their annual leave days pro rated relative to the percent of full time worked.  

 

Policy Code: GDC (VII. - 22.)
Policy Name:  Classified Compensation Increases
Adoption: November, 1995
Revised:  Annually
Reviewed: December 2008

Any twelve month classified employee who was hired and began work prior to January 1 and any nine month classified employee who was hired and began work on or before the first day of the second semester of the school year will receive a full increment  on the salary schedule for the following July 1 annual compensation adjustments. Classified employees who do not meet these criteria will remain on the same salary schedule step when compensation adjustments are made.

Policy Code: GDCE (VII. - 17.)
Policy Name:  Classified Group Health and Hospitalization
Adoption:  November, 1995
Revised:           
Reviewed: December, 2008

All full time classified employees are eligible to participate in one of the district’s hospitalization and medical plans and the district will contribute to the monthly premium of that plan at the same level approved for teachers.

 

Policy Code:  GDCF (VII. - 18.)
Policy Name: Classified Term Life Insurance
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The Assistant Superintendent for Business Services, the Director of Buildings and Grounds, the Director of Transportation, and the Director of Food Service are each provided a term life insurance policy by the district in the amount of their annual salary rounded up to the nearest $1,000. All other classified employees receive an annual $20,000.00 term life insurance paid for by the district.

Policy Code: GDCG (VII. - 20.)
Policy Name: Classified Employee Fringe Benefits
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

All classified employees are covered by Workman’s Compensation, unemployment insurance, and liability insurance provided for by the district.

 

Policy Code: GDCH (VII. - 21.)
Policy Name: Annual Compensation Adjustment
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

Annual compensation adjustments for all classified employees occur July 1 of each year.

 

Policy Code: GDD (VII. 11.)
Policy Name: Vacation - Classified Staff
Adoption: November, 1995
Revised:
Reviewed:  December, 2008

Classified employees are eligible for 10 days vacation each year during the first five years of employment with the district and 15 days each year thereafter. Vacation days must be taken during the summer months when school is not session unless otherwise approved by the Superintendent. Grounds employees must take vacation days during the school year unless otherwise approved by the Superintendent. To qualify for 10 days vacation, first year employees must have been in the employ of the district for at least 9 months prior to the start of any vacation. The number of vacation days for first year employees not having completed 9 months prior to June 1 will be prorated accordingly. Vacation days may not be accumulated. If they are not used during the July 1 through June 30 work year, they are forfeited unless special arrangements are approved by the Superintendent.

 

Policy Code: GDDA  (VII. -12.)
Policy Name:  Payment for Earned Vacation
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

Classified employees resigning their employment with the district having given two weeks notice will be entitled to receive payment for any earned vacation time.

Policy Code: GDE
Policy Name: Support Staff Recruiting/Hiring
Date Adopted: January 24, 2011
Date Reviewed:

The Board shall establish and budget for classified positions in the school district on the basis of need and the financial resources of the district.

Recruiting
The recruitment and selection of candidates for these positions shall be the responsibility of the superintendent or designee who shall confer with principals and other supervisory personnel in making a selection.  Only qualified paraprofessionals, as defined by the No Child Left Behind Act of 2001, shall be hired to provide instructional support for students in Title I Schoolwide and Targeted Assistance Programs.
All vacancies shall be made known to the present staff.  Anyone qualified for a position may submit an application.

Background checks
Prior to hiring any person, in accordance with state law the district shall conduct background checks utilizing established school district protocols and by contacting previous employers regarding the applicant's fitness for employment.  In all cases where credit reports are used in the hiring process the district shall comply with the Fair Credit Reporting Act.
All applicants recommended for a position in the district shall submit a set of fingerprints and a notarized form with information about felony or misdemeanor convictions as required by law.  (This requirement shall not apply to any student currently enrolled in the district applying for a job.)  Applicants may be conditionally employed prior to receiving the fingerprint results.

Hiring
There shall be no discrimination in the hiring process on the basis of race, color, creed, sex, sexual orientation, religion, national origin, ancestry, age, marital status or disability.
The Board shall officially appoint all employees upon the superintendent's recommendation; however, temporary appointments may be made pending Board action.
Upon the hiring of any employee, information required by federal and state child support laws will be timely forwarded by the district to the appropriate state agency.

LEGAL REFS.:  15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)
20 U.S.C. 6319 (paraprofessional requirements under No Child Left Behind Act of 2001)
42 U.S.C. 653 (a) (Personal Responsibility and Work Opportunity Reconciliation Act)
34 C.F.R. 200.58, 200.59 (federal regulations regarding paraprofessional qualifications)
C.R.S. 13-80-103.9 (liability for failure to perform an education employment required background check)
C.R.S. 14-14-111.5 (Child Support Enforcement procedures)
C.R.S. 22-2-119 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109(1)(f) (Board duty to employ personnel)
C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109.8 (fingerprinting requirements for non-licensed positions)
C.R.S. 24-5-101 (effect of criminal conviction on employment)
C.R.S. 24-34-402 (1) (discriminatory and unfair employment practices)
CROSS REFS.: GBA, Open Hiring/Equal Employment Opportunity
GDA, Support Staff Positions
GDAA*, Title I Paraprofessionals

NOTE:  Specific procedures for background checks, fingerprinting and submission of child support information need to follow as a regulation.  The regulation might also include specific procedures for making applications, for screening and for selection of candidates to be recommended to the Board.

 

Policy Code: GDF (VII. - 29.)
Policy Name: Fingerprints
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

All classified employees must submit a set of fingerprints and applicant oath with their application materials. These materials must be provided to the district prior to the employee’s first work day in the district. The fingerprints will be sent to the Colorado Bureau of Investigation which will, in turn, send them to the Federal Bureau of Investigation for processing. When the processing report is received by the district it will be checked against the information provided the district by the applicant on the application and oath. Any discrepancies in information provided by the applicant and the processing report may result in immediate dismissal of the employee.

 

Policy Code: GDGHI (VII. - 14.)
Policy Name: Classified Jury Duty
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

Any classified employee called for jury duty during working hours will be paid his/her regular salary while serving on jury duty. In turn, the employee must turn over the jury pay to the district.

 

Policy Code: GDJ (VII. - 9.)
Policy Name:   Reassignment or Dismissal of Classified Staff           
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

The appropriate supervisors shall be responsible for recommending to the Superintendent the reassignment or dismissal of any classified employee under their supervision.

 

Policy Code: GDJA (VII. - 13.)
Policy Name: Authority to Dismiss or Re-Assign
Adoption: November, 1995
Revised:           
Reviewed: December, 2005

The Board of Education gives the Superintendent authority to dismiss or re-assign any classified employee employee provided that due process is given the employee and full explanation of cause is given the Board by the Superintendent.           

 

Policy Code: GDK (VII. - 2.)
Policy Name: Grievance Procedure - Classified Staff
Adoption: November, 1995           
Revised:
Reviewed:  December, 2008

Any classified employee with a grievance should take the grievance directly to his/her immediate supervisor. If satisfaction is not gained at that level, the employee may file the grievance with the Superintendent of Schools. If, having seen the Superintendent, the employee is still dissatisfied, a hearing before the Board of Education may be requested. A request to meet with the Board must be made through the Superintendent who is obliged to set up a meeting between the employee and the Board as promptly as is reasonable. All grievances must be received directly from an individual employee speaking on his/her behalf. All decisions of the Board concerning employee grievances are final.

 

Policy Code:  GDQC (VII. - 10.)           
Policy Name: Classified Severance Pay
Adoption:  November, 1995
Revised:
Reviewed:   December, 2008

In the case of dismissal of classified employees, no severance payment will be made. However, payment will be made for any earned vacation days accumulated at date of dismissal.                                                                                             

Policy Code:  GDQD                                                                                   
Policy Name: Discipline, Suspension and Dismissal of Support Staff
Adopted: April 25, 2011

Support staff employees, unless otherwise designated by contract, shall be considered "at will" employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy.  Support staff members shall be employed for such time as the district is in need of or desirous of the services of such employees.

The Board delegates to the superintendent the authority to dismiss classified personnel. The superintendent may delegate this authority to other appropriate personnel such as the director of personnel. All dismissals of classified employees shall be reported to the Board at its next regular meeting. 

The superintendent also may suspend employees from their assignments as a disciplinary measure, with or without pay.

If an employee is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the superintendent is delegated the responsibility for notifying the Colorado Department of Education (CDE) as soon as possible but no later than ten (10) business days after such dismissal or resignation.  The superintendent shall provide any information requested by the department concerning the circumstances of the dismissal or resignation.  The district also shall notify the employee that information concerning the dismissal or resignation is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act.

If the district learns that a current employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall immediately report this information to CDE.

The district shall not obtain consumer credit reports on a current employee unless the district is evaluating the employee for promotion, reassignment or retention.  In all cases where credit reports are obtained and/or relied upon for purposes of reassigning, terminating or denying the promotion of an employee, the district shall comply with the Fair Credit Reporting Act.

LEGAL REFS.:  C.R.S. 19-3-301 et seq. (Child Protection Act of 1987)
C.R.S. 22-2-119 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109.7(specific duties regarding hiring inquiries and reporting)
C.R.S. 22-32-110 (1)(h) (power to discharge/terminate employment)
C.R.S. 22-32-126 (3)(principals recommend employment actions)
15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)
CROSS REF.: GD, Support/Classified Staff

NOTE:  State law prohibits school districts from entering into a settlement agreement that would restrict the district's ability to share any relevant information related to a conviction for child abuse or a sexual offense against a child and that pertains to the incident upon which the employee's dismissal or resignation is based.  C.R.S. 22-32-109.7(3).

[Revised by CASB July 2008]

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