Bandera Independent School DistrictTargetOn Target to be the Best!

About Our DistrictCalendar and EventsFamily CenterHuman ResourcesTeachers and StaffContact Bandera ISD

Return to the home pagewww.banderaisd.net

2007-2008 Bandera ISD Employee Handbook ...

Mission Statement

The mission of the Bandera ISD is to provide ALL students with the opportunity to succeed at their highest levels; academically, ethically, and socially, allowing students to advance successfully throughout their lifetimes.

District Goals and Objectives

Posted on-line annually at www.banderaisd.net.

Board of Trustees

Policies BA, BAA, BBA, BBB, BBE, BE, BEC, BED

Texas law grants the board of trustees the power to govern and oversee the management of the district’s schools. The board is the policy-making body within the district and has overall responsibility for the curriculum, school taxes, annual budget, employment of the superintendent and other professional staff, facilities, and expansions. The board has complete and final control over school matters within limits established by state and federal law and regulations. The board of trustees is elected by the citizens of the district to represent the community’s commitment to a strong educational program for the district’s children. Trustees are elected annually and serve three-year terms. Trustees serve without compensation, must be registered voters, and must reside in the district.

Board members: Trustees usually meet monthly at the designated posted site. Special meetings may be called when necessary. A written notice of regular and special meetings will be posted at least 72 hours before the scheduled meeting time. The written notice will show the date, time, place, and subjects of each meeting. In emergencies, a meeting may be held with a two-hour notice. All meetings are open to the public. In certain circumstances, Texas law permits the board to go into a closed session. During a closed session, the public is not present. Closed session may occur for such things as discussing prospective gifts or donations, real-property acquisition, personnel issues including conferences with employees and employee complaints, security matters, student discipline, or to consult with attorneys regarding pending litigation.

School Calendar

A copy of the school calendar is posted annually on the website at www.banderaisd.net.

Helpful Contacts

From time to time, employees have questions or concerns. If those questions or concerns cannot be answered by supervisors or at the campus or department level, the employee is encouraged to contact the appropriate department as listed below.

·          Superintendent: Kevin L. Dyes, Ed.D.

·          Personnel Services: Regina Howell

·          Curriculum/Assessment: Richard Grill

·          Federal Programs: Tracy Thayer

·          Special Education: Patricia Galm

·          Technology: David Brown

·          Business Office: Tish Grill

·          Public Relations: Brad Domitrovich

·          Maintenance: Fabian Mazurek

·          Transportation: Mary Denson and Kay Miller

·          Food Service: Carala Luker

·          High School Principal: Theresa Keel

·          Middle School Principal: Gary Bitzkie

·          Alkek Elementary Principal: Jon Orozco

·         Hill Country Elementary Principal: Renee Gase

Equal Employment Opportunity

Policy DAA

The Bandera ISD does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, military status, or on any other basis prohibited by law. Employment decisions will be made on the basis of each applicant’s job qualifications, experience, and abilities.

Employees with questions or concerns about discrimination on the basis of race, color, religion, sex, national origin, age, or military status should contact the Human Resources office. Employees with questions or concerns about discrimination on the basis of a disability should contact the Human Resources office..

Job Vacancy Announcements

Policy DC

To the extent possible, announcements of job vacancies by position and location are distributed on a regular basis and posted at the central administration building.

Employment After Retirement

Individuals receiving retirement benefits from the Teacher Retirement System (TRS) may be employed in certain positions or on a part-time basis without affecting their benefits, according to TRS rules and state law if the position is in an acute shortage area. Service retirees who retire before May 31 may return to work in a Texas public school if they meet certain strict conditions imposed by TRS one month after the retirement date and if the position is available by the district for rehire. Retirees may work in the following capacities without a loss of retirement benefits:

·         As a principal or assistant principal on a full-time basis, if certified as a principal   and following a 12-month break in service. Retirees that retired under early age or disability provisions are excluded.

·         As a full-time bus driver (early age and disability retirees excluded).

·         As a substitute at no more than the established daily substitute pay rate (Individuals receiving disability retirement benefits may not work for more than 90 days in a school year.)

·         On a half-time or less basis during any month, provided they are not also employed as a substitute in that month. Half-time employment cannot exceed the lesser of 50 percent of the position’s full-time load or 92 hours in a month.

·         On a full-time basis during a six-month period during a school year, provided that this is their only employment in a Texas public school. Individuals who retire in August may begin employment in October of the school year following their retirement. Under this last provision, retirees must submit annual written notice to TRS by the last day of the first month of full employment to avoid a disruption of benefits.  Working any part of a month counts as a full month. Other restrictions apply when a person has retired because of a disability. Individuals retiring because of a disability should contact TRS for details about employment restrictions.

Shortage areas. Certain retirees may return to work on a full-time basis as a principal or assistant principal or teacher in an acute shortage area without a reduction in their annuities. The board based on Commissioner determines acute teaching shortage areas when filling acute shortage area positions, the district must give hiring preference to certified applicants who are not retirees. To be eligible for full TRS benefits a retiree must meet the following criteria:

·         Have not been subject to a reduction in benefits for retirement at an early age or retired under disability provisions

·         Have a 12-month continuous break in public school service since retirement

·         Be appropriately certified for the position in the applicable school year

Employees can contact the personnel office for additional information or contact TRS by calling 800-223-8778 or 512-542-6400. TRS information is also available on the Web (www.trs.state.tx.us).

Contract and Non-Contract Employment

Policies DC, DCA, DCB, DCD, DCE

State law requires the district to employ all full-time professional employees in positions requiring a certificate from State Board for Educator Certification (SBEC) and nurses under probationary, term, or continuing contracts. Employees in all other positions are employed at-will or by a contract that is not subject to the procedures for non-renewal or termination under Chapter 21 of the Texas Education Code.

Probationary contracts. Nurses and full-time professional employees new to the district and employed in positions requiring SBEC certification must receive probationary contracts during their first year of employment. Former employees who are hired after at least a two-year lapse in district employment also may be employed by probationary contract. The probationary period for those who have been employed in public schools for at least five of the eight years preceding employment with the district may not exceed one school year. For those with less experience, the probationary period will be three school years, with an optional fourth school year if the board determines it is doubtful whether a term or continuing contract should be given.

Term contracts. Full-time professionals employed in positions requiring certification and nurses will be employed by term contracts after they have successfully completed the probationary period. Campus principals and central office administrators are employed under two-year term contracts. The terms and conditions of employment are detailed in the contract and employment policies. All employees will receive a copy of their contract and employment policies.

Non-certified professional and administrative employees. Employees in professional and administrative positions that do not require SBEC certification (such as non-instructional administrators) are not employed by contract. Employment is not for any specified term and may be terminated at any time by either the employee or the district.

Paraprofessional and auxiliary employees. All paraprofessional and auxiliary employees, regardless of certification, are employed at will and not by contract. Employment is not for any specified term and may be terminated at any time by either the employee or the district. Additional employment requirements can be required due to No Child Left Behind legislation for campus’s that receive Title I funding.

Searches, Alcohol and Drug Testing

Policy DHE

Non-investigatory searches in the workplace, including accessing an employee’s desk, file cabinets, or work area to obtain information needed for usual business purposes may occur when an employee is unavailable. Therefore, employees are hereby notified that they have no legitimate expectation of privacy in those places. In addition, the district reserves the right to conduct searches when there is reasonable cause to believe a search

will uncover evidence of work-related misconduct. Such an investigatory search may include drug and alcohol testing if the suspected violation relates to drug or alcohol use. The district may search the employee, the employee’s personal items, work areas, lockers, and private vehicles parked on district premises or work sites or used in district business.

Driver’s License Checks. Employees that drive district vehicles (i.e. maintenance trucks/vans, suburban, school buses, etc) must have a driver’s information record on file [license check with the district.] Employees who sponsor extra-curricular activities such as athletics, music, UIL, etc are expected to complete the school bus driver requirements. Any employee who is required to have a commercial driver’s license (CDL) is subject to drug and alcohol testing. This includes all drivers who operate a motor vehicle designed to transport 16 or more people, counting the driver; drivers of large vehicles; or drivers of vehicles used in the transportation of hazardous materials. Teachers, coaches, or other employees who primarily perform duties other than driving are subject to testing requirements when their duties include driving. Drug testing will be conducted before an individual assumes driving responsibilities. Alcohol and drug tests will be conducted when reasonable suspicion exists, at random, when an employee returns to duty after engaging in prohibited conduct, and as a follow-up measure. Testing may be conducted following accidents. Return-to-duty and follow-up testing will be conducted when an employee who has violated the prohibited alcohol conduct standards or tested positive for alcohol or drugs returns to duty. All employees required to have a CDL who are subject to alcohol and drug testing will receive a copy of the district’s policy, the testing requirements, and detailed information on alcohol and drug abuse and the availability of assistance programs. Employees with questions or concerns relating to alcohol and drug policies and related educational material should contact the director of transportation.

First Aid and CPR Certification

Policy DBA

Head marching band directors, head coaches, or chief sponsors of an extracurricular athletic activity (including cheerleading) that is sponsored or sanctioned by the district or University Interscholastic League (UIL) must maintain and submit to the district proof of current certification in first aid and cardiopulmonary resuscitation (CPR). Certification must be issued by the American Red Cross, the American Heart Association, or another

organization that provides equivalent training and certification.

Reassignments and Transfers

Policy DK

All personnel are subject to assignment and reassignment by the superintendent. Reassignment is a transfer to another position, department, or facility that does not necessitate a change in the employment contract. The principal at the receiving campus must approve campus reassignments. When reassignments are due to enrollment shifts or program changes, the superintendent has final placement authority. Extracurricular or supplemental duty assignments may be reassigned at any time. Employees who object to a reassignment may follow the district process for employee complaints as outlined in this handbook and district policy DGBA (Local).

Employees with the required qualifications for a position may request a transfer to another campus or department. A written request for transfer must be completed and signed by the employee and the employee’s supervisor. Teachers requesting a transfer to another campus before the school year begins must submit their request in writing to the  personnel office. Requests for transfer during the school year will be considered only when the change will not adversely affect students and after a replacement has been found. All transfer requests will be coordinated by the personnel office and must be approved by the receiving supervisor.

Workload and Work Schedules

Policy DL

Professional employees. Professional and administrative employees are exempt from overtime pay and are employed on a 10-, 10 ½, 11-, or 12-month basis, according to the work schedules set by the district. A school calendar is adopted each year designating the work schedule for teachers and all school holidays. Notice of work schedules including required days of service and scheduled holidays will be distributed each school year.

Classroom teachers will have planning periods for instructional preparation and conferences. The schedule of planning periods is set at the campus level but must provide at least 450 minutes within each two-week period in blocks not less than 45 minutes. Teachers and librarians are entitled to a duty-free lunch period of at least 30 minutes. The district may require teachers to supervise students one day a week when no other personnel are available.

Paraprofessional and auxiliary employees. Support employees are employed at-will and will be notified of the required duty days, holidays, and hours of work for their position on an annual basis. Paraprofessional and auxiliary employees are not exempt from overtime and are not authorized to work in excess of their assigned schedule, which is six hours with a 30-minute lunch without prior approval from their supervisor.

Notification of Parents Regarding Qualifications

Policy DK, EHBD

Texas law requires that parents be notified if their child is assigned for more than 30 consecutive days to a teacher who does not hold an appropriate teaching certificate. Inappropriately certified or uncertified teachers include individuals serving with an emergency permit (including individuals waiting to take the EXCET exam) or individuals who do not hold any certificate or permit. No later than the 30th instructional day after the date of assignment the superintendent or designee will send a written notice to parents. Information relating to teacher certification will be made available to the public upon request.

In schools receiving Title I funds, the district is also required by the No Child Left Behind Act (NCLB) to notify parents at the beginning of each school year that they may request information regarding the professional qualifications of their child’s teacher. NCLB also requires that parents be notified if their child has been assigned, or taught for four or more consecutive weeks by, a teacher who is not highly qualified. Employees who have questions about their certification status can call the personnel office.

Performance Evaluation

Policy DN, DNA, DNB

Evaluation of an employee’s job performance is be a continual process that focuses on improvement. Performance evaluation is based on an employee’s assigned job duties and other job-related criteria. All employees will participate in the evaluation process with their assigned supervisor at least annually. Written evaluations will be completed on forms approved by the district. Reports, correspondence, and memoranda also can be used to document performance information. All employees will receive a copy of their written evaluation, have a performance conference with their supervisor, and get the opportunity to respond to the evaluation. 

Employee Involvement

Policy BQA, BQB

At both the campus and district levels, Bandera ISD offers opportunities for involvement in matters that affect employees. As part of the district’s planning and decision-making process, employees are elected to serve on district- or campus-level advisory committees. Plans and detailed information about the shared decision-making

process are available in each campus office.

Fraud and Financial Impropriety

Policy DG, CAA

All employees should act with integrity and diligence in duties involving the district’s financial resources. The district prohibits fraud and financial impropriety, as defined below. Fraud and financial impropriety includes, but is not limited to, the following:

 

·         Forgery or unauthorized alteration of any document or account belonging to the district

·         Forgery or unauthorized alteration of a check, bank draft, or any other financial document

·         Misappropriation of funds, securities, supplies, or other district assets, including employee time

·         Impropriety in the handling of money or reporting of district financial transactions

·         Profiteering as a result of insider knowledge of district information or activities

·         Unauthorized disclosure of confidential or proprietary information to outside parties

·         Unauthorized disclosure of investment activities engaged in or contemplated by the district

·         Accepting or seeking anything of material value from contractors, vendors, or other persons providing services or materials to the district

·         Destroying, removing, or inappropriately using records, furniture, fixtures, or equipment

·         Failing to provide financial records required by state or local entities

·         Failure to disclose conflicts of interest as required by policy

·         Any other dishonest act regarding the finances of the district

Conflict of Interest

Policy BFAA, DBD

Employees are required to disclose to their supervisor any situation that creates a potential conflict of interest with proper discharge of assigned duties and responsibilities or creates a potential conflict of interest with the best interests of the district. This includes the following:

A personal financial interest

A business interest

Any other obligation or relationship

Any employee with a substantial interest in a business entity or interest in real property must disclose the interest to the district prior to the award of a contract or authorization of payment. This is done by filing an affidavit with the Superintendent.

Staff Development

Policy DMA

Staff development activities are organized to meet the needs of employees and the district. Staff development for instructional personnel is predominantly campus-based, related to achieving campus performance objectives, addressed in the campus improvement plan, and approved by a campus-level advisory committee. Staff development for non-instructional personnel is designed to meet specific licensing requirements (e.g., bus drivers) and continued employee skill development. Individuals holding renewable SBEC certificates are responsible for obtaining the required training hours and maintaining appropriate documentation.

Annually the Bandera ISD administration will submit to the BISD board of trustees a school calendar that indicates the number of staff development days to be used for the following school year. The number of days recommended will vary annually. In the event that a day, or more than one day is chosen on the school calendar for staff to participate in out-of-school staff development to be used on designated staff development days during the school year, the following procedures will apply:

·         Annual goals will be established.

·         Staff members collaborate with their campus principal/designee on their plan.

·         Days should be assigned after the last school day and be completed prior to the day of the use of equivalent time.

·         Campus administration must provide documentation to the personnel office that the equivalent time has been earned.

·         Any additional equivalent time earned by a professional employee is considered professional development for the purpose of the annual employee appraisal.

·         Equivalent time not earned will be a payroll deduction.

·         Equivalent time is defined as no less than six hours for a workshop. District workshops will be arranged on a 6-hour day schedule. However, some staff development offered by other sources could be more than the 6 hour required minimum.

Salaries, Wages, and Stipends

Policy DEA

Employees are paid in accordance with administrative guidelines and a pay structure established for each position. The district’s pay plans are reviewed by the administration each year and adjusted as needed. All district positions are classified as exempt or non-exempt according to federal law. Professional and administrative employees are generally classified as exempt and are paid monthly salaries. They are not entitled to overtime compensation. Other employees are generally classified as nonexempt and are paid based on hourly wages or provided compensatory time for each overtime hour worked.

Salaries and wages are reviewed on an annual basis and adjusted according to the budgeted amounts approved by the board. All employees will receive written notice of their pay and work schedules annually. Classroom teachers, fulltime librarians, full-time nurses, and full-time counselors will be paid no less than the minimum state salary schedule. Contract employees who perform extracurricular or supplemental duties may be paid a stipend in addition to their salary according to the district’s extra-duty pay schedule.

Employees should contact the business office for more information about the district’s pay schedules or their own pay.

Paychecks

All professional employees, para-professionals and bus drivers are paid monthly. All other auxiliary employees are paid semi-monthly. During the school year, paychecks are delivered to each campus. Paychecks will not be released to any person other than the district employee named on the check without the employee’s written authorization. During summer breaks, paychecks will be mailed unless otherwise indicated by the employee. An employee’s payroll statement contains detailed information including deductions, withholding information, and the amount of leave accumulated.

Automatic Payroll Deposit

Employees can have their paychecks electronically deposited into a bank account.

Payroll Deductions

Policy CFEA

Automatic payroll deductions for the Teacher Retirement System of Texas (TRS) and federal income tax are required for all employees. Medicare tax deductions also are required for all employees hired after March 31, 1986. Temporary and part-time employees who are not eligible for TRS membership must have their Social Security contributions deducted.

Other payroll deductions employees may elect include deductions for the employee’s share of premiums for health, dental, life, and vision insurance; annuities; and savings deposits; credit unions and loan payments through the payroll department. Employees also may request payroll deduction for payment of membership dues to professional organizations. Salary deductions are automatically made for unauthorized or unpaid leave.

Overtime Compensation

Policy DEA

The district compensates overtime for nonexempt employees in accordance with federal wage and hour laws. All employees are classified as exempt or nonexempt for purposes of overtime compensation. Professional and administrative employees are ineligible for overtime compensation. Only nonexempt employees (hourly employees and paraprofessional employees) are entitled to overtime compensation. Nonexempt employees are not authorized to work beyond their normal work schedule without advance approval from their supervisor.

Overtime is legally defined as all hours worked in excess of 40 hours weekly and is not measured by the day or by the employee’s regular work schedule. Employees who must work beyond their normal schedule but less than 40 hours per week will be compensated in straight-time pay or equivalent time off in the same workweek. Employees must work more than 40 total hours in a week to earn overtime compensation. For the purpose of calculating overtime, a workweek begins at 12:01 a.m. Saturday and ends at midnight Friday.

Identify the Transactions that Employees Can Elect

Employees may be compensated for overtime at time-and-a-half rate with compensatory time off or direct pay. The following applies to all nonexempt employees:

·         Employees can accumulate up to 60 hours of compensatory time.

·         Comp time must be used in the duty year that it is earned.

·         Use of comp time may be at the employee’s request with supervisor approval as workload permits.

·         An employee may be required to use comp time before using any other available paid leave (e.g., sick, personal, vacation).

·         Weekly time cards will be maintained on all nonexempt employees for the purpose of wage and salary administration.

Travel Expense Reimbursement

Policy DEE

Before any travel expenses are incurred by an employee, the employee’s supervisor must give approval. For approved travel, employees will be reimbursed for mileage and other travel expenditures according to the current rate schedule established by the district and the Internal Revenue Service. Employees must submit receipts to be reimbursed for expenses other than mileage.

Health Insurance

Policy CRD

Group health insurance coverage is provided through TRS-ActiveCare, the statewide public school health insurance program. The district’s contribution to employee insurance premiums is determined annually by the board of trustees.

Employees Eligibility:

·         Employees who are active, contributing TRS members

·         Employees who are not contributing TRS members and who are regularly scheduled are not eligible to participate in TRS Active Care.

The insurance plan year is from September 1 through August 31. Current employees can make changes in their insurance coverage during open enrollment each spring. Detailed descriptions of insurance coverage, employee cost, and eligibility requirements are provided to all employees in a separate booklet. Employees should contact the payroll department for more information.

Supplemental Insurance Benefits

Policy CRG

At their own expense, employees may enroll in supplemental insurance programs as designated by the district.  Premiums for these programs can be paid by payroll deduction. Employees should contact the payroll department for more information.

Cafeteria Plan Benefits (Section 125)

Employees may be eligible to participate in the Cafeteria Plan (Section 125) and, under IRS regulations, must either accept or reject this benefit. This plan enables eligible employees to pay certain insurance premiums on a pretax basis (i.e., disability, accidental death and dismemberment, cancer and dread disease, dental, and additional term life insurance). A third-party administrator handles employee claims made on these accounts. New employees must accept or reject this benefit during their first month of employment. All employees must accept or reject this benefit on an annual basis and during the specified time period.

Workers’ Compensation Insurance

Policy CRE

The district, in accordance with state law, provides workers’ compensation benefits to employees who suffer a work-related illness or are injured on the job. The district has workers’ compensation coverage from TASB. Benefits help pay for medical treatment and make up for part of the income lost while recovering. Law depending on the circumstances of each case prescribes specific benefits.

All work-related accidents or injuries should be reported immediately to the campus administrator. Employees who are unable to work due to a work-related injury will be notified of their rights and responsibilities under the Texas Labor Code. [Note: an employee will need to use available leave before worker’s compensation benefits begin or their pay could be docked if no leave is available.]

Unemployment Compensation Insurance

Policy CRF

Employees who have been laid off or terminated through no fault of their own may be eligible for unemployment compensation benefits under the Texas Unemployment Compensation Act. Employees are not eligible to collect unemployment benefits during regularly scheduled breaks in the school year or the summer months if they have employment contracts or reasonable assurance of returning to service. Employees with questions about unemployment benefits should contact the Bandera ISD business office.

Teacher Retirement

All personnel employed on a regular basis for at least one-half of the normal work schedule are members of the Teacher Retirement System of Texas (TRS). Substitutes not receiving TRS service retirement benefits who work at least 90 days a year are also eligible for TRS membership and to purchase a year of creditable service. TRS provides members with an annual statement of their account showing all deposits and the total account balance for the year ending August 31, as well as an estimate of their retirement benefits. Employees who plan to retire under TRS should notify the personnel office as soon as possible. Information on the application procedures for TRS benefits are available in the payroll department. Additional inquiries should be addressed to: Teacher Retirement System of Texas, 1000 Red River Street, Austin, TX 78701-2698, or call 800-223-8778 or 512-542-6400. TRS information is also available on the Web (www.trs.state.tx.us).

Other BISD Benefit Programs

·         College Tuition/Partial Fee Exemption for Educational Aides (Personnel Office)

·         Staff athletic passes (Business Office)

·         Tuition-free attendance for children of nonresident employees (Personnel Office)

·         CRG (Local) - Tax-sheltered annuities (Business Office)

·         DEC (Local) - Professional sick leave (FMLA/sick pool) (Personnel Office)

Leaves and Absences

Policy DEC

The district offers employees paid and unpaid leaves of absence in times of personal need. This handbook describes the basic types of leave available and restrictions on leaves of absence. Employees who have personal needs that will require long leaves of absence should call the personnel office for counseling about leave options, continuation of benefits, and communicating with the district. Employees who take an unpaid leave of absence may continue their insurance benefits at their own expense. Health care benefits for employees on leave authorized under the Family and Medical Leave Act will be paid by the district as they were when they were working. Otherwise, the district does not make benefit contributions for employees who are not on active payroll status. Employees must follow district and department or campus procedures to report or request any leave of absence and complete the appropriate leave request form. Any employee who is absent more than THREE CONSECUTIVE days because of a personal or family illness must submit a medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and in the case of personal illness - the employee’s fitness to return to work. If a professional employee uses the additional 13 days allowed under policy DEC (local), medical certification is required for the use of these additional days. Personal and local sick leave is earned on a ½ day for 18-work days basis. Leave is available for the employee’s use at the beginning of the school year. If an employee leaves the district before the end of the work year, the cost of any unearned leave days taken shall be deducted from the employee’s final paycheck.

Chronic Absenteeism

Chronic, repeated absenteeism is a hindrance to the efficient operation of the campus or a BISD department.  Excessive absenteeism beyond approved vacation requests, FMLA or days that are covered by local and state and personal days are addressed by the administrator/supervisor. Additional information for employees of maintenance, custodial, food service or bus drivers will be provided by their supervisors.

Personal Leave

State law entitles all employees to five days of paid personal leave per year. Personal leave is earned at a rate of ½ day for 18 workdays. A day of earned personal leave is equivalent to an assigned workday. There is no limit on the accumulation of state personal leave, and it can be transferred to other Texas school districts and is generally transferable to education service centers. There are two types of personal leave: nondiscretionary and discretionary.

Nondiscretionary. Leave that is taken for personal or family illness, emergency, a death in the family, or active military service is considered nondiscretionary leave. This type of leave allows very little or no advance planning and will be granted to employees in the same manner as sick leave.

Discretionary. Leave that is taken at an employee’s discretion and that can be scheduled in advance is considered discretionary leave. An employee wishing to take discretionary personal leave must submit a notice of the request two days in advance of the anticipated absence to his or her principal or supervisor. Discretionary personal leave will be granted on a first-come, first-served basis. The effect of the employee’s absence on the educational program or department operations, as well as the availability of substitutes, will be considered by the principal or supervisor.

Sick Leave

Previously accumulated state sick leave is available for use and may be transferred to other school districts in Texas. Sick leave can be used only in whole day or ½ day increments. If an employee uses more sick leave than he or she has earned, the cost of unearned sick leave will be deducted from the employee’s next paycheck. An employee absent more than three consecutive workdays because of personal illness or illness in the immediate family shall submit medical certification of the illness.

Professional Employees

DEC Local

After all state and local leave days have been exhausted; professional employees shall be granted 13 workdays of noncumulative local sick leave to be used for personal or immediate family illness. The substitute’s maximum daily rate of pay shall be deducted for each day of leave taken. Medical certification of illness shall be required. Sick leave may be used for the following reasons only:

·         Employee illness

·         Illness in the employee’s immediate family

·         Family emergency (i.e., natural disasters or life-threatening situations)

·         Death in the immediate family

·         Active military service

Local Leave [Additional information]

Local policy contains provisions for use of sick leave including rates of use, definition of immediate family, etc. (DEC local)

Temporary Disability

Certified employees. Any full-time employee whose position requires certification from the State Board for Educator Certification (SBEC) is eligible for temporary disability leave. The purpose of temporary disability leave is to provide job protection to full-time educators who cannot work for an extended period of time because of a mental or physical disability of a temporary nature. A full-time educator may request to be placed on temporary disability leave or be placed on leave. Pregnancy and conditions related to pregnancy are treated the same as any other temporary disability.

Employees must request approval for temporary disability leave. The leave request must be accompanied by a physician’s statement confirming the employee’s inability to work and estimating a probable date of return. If disability leave is approved, the length of leave is no longer than twelve weeks. If disability leave is not approved, the employee must return to work or be subject to termination procedures.

If an employee is placed on temporary disability leave involuntarily, he or she has the right to request a hearing before the board of trustees. The employee may protest the action and present additional evidence of fitness to work. When an employee is ready to return to work, the personnel office should be notified in advance. The return-to-work notice must be accompanied by a physician’s statement confirming that the employee is able to do the job. Professional employees returning from leave will be reinstated to the school to which they were previously assigned as soon as an appropriate position is available.

Family and Medical Leave

Senate Bill 1669 of the 78th Legislative Session

Employees who have been employed by the district for at least 12 months and have worked at least 1,250 hours in the 12 months immediately preceding the need for leave are eligible for family and medical leave. Eligible employees can take up to 12 weeks of unpaid leave.

·         The birth, adoption, or foster placement of a child

·         To care for a spouse, parent, or child with a serious health condition

·         An employee’s serious health condition

A husband and wife who are both employed by the district are subject to limits in the amount of leave that they can take to care for a parent with a serious health condition or for the birth, adoption, or foster placement of a child. Eligible employees are entitled to continue their health care benefits under the same terms and conditions as when they were on the job and are entitled to return to their previous job or an equivalent job at the end of their leave. Under some circumstances, teachers who are able to return to work at or near the conclusion of a semester may be required to continue their leave until the end of the semester. Family and medical leave runs concurrently with accrued sick and personal leave, temporary disability leave, and absences due to a work-related illness or injury. The district will designate the leave as family and medical leave, if applicable, and notify the employee that accumulated leave will run concurrently., employees may take family and  When the need for family and medical leave is foreseeable, employees who want to use it must provide 30-day advance notice of their need if possible. When the need for leave is not foreseeable, employees must contact the personnel office as soon as possible. Employees may be required to provide the following:

·         Medical certification from a qualified health care provider supporting the need for leave due to a serious health condition affecting the employee or an immediate family member.

·         Second or third medical opinions and periodic recertification of the need for leave

·         Periodic reports during the leave regarding the employee’s status and intent to  return to work

·         Medical certification from a qualified health care provider at the conclusion of leave of an employee’s ability to return to work

Employees requiring family and medical leave should contact the personnel office for details on eligibility, requirements, and limitations.

Workers’ Compensation Benefits

An employee absent from duty because of a job-related illness or injury may be eligible for workers’ compensation weekly income benefits if the absence exceeds seven calendar days. An employee receiving workers’ compensation wage benefits for a job-related illness or injury may choose to use accumulated sick leave or any other paid leave benefits. An employee choosing to use paid leave will not receive workers’ compensation weekly income benefits until all paid leave is exhausted or to the extent that paid leave does not equal the pre-illness or pre-injury wage. If the use of paid leave is not elected, then the employee will only receive workers’ compensation wage benefits for any absence resulting from a work-related illness or injury, which may not equal his or her pre-illness or pre-injury wage. The Bandera ISD business office can be contacted for additional information.

Assault Leave

An injury is treated as an assault if the person causing the injury could be prosecuted for assault or could not be prosecuted only because that person’s age or mental capacity renders the person non-responsible for purposes of criminal liability. The employee must request assault leave. Days of leave granted under the assault leave provision will not be deducted from accrued personal leave and must be coordinated with workers’ compensation benefits. Upon investigation the district may change the assault leave status and charge leave used against the employee’s accrued paid leave. The employee’s pay will be deducted if accrued paid leave is not available.

Jury Duty

Employees will receive leave with pay and without loss of accumulated leave for jury duty. Employees must present documentation of the service. However, employees who do not serve should return to work unless more than ½ day has been used for the jury selection process.

Other Court Appearances

Employees will be granted paid leave to comply with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding related to school business. Personal court appearances must be used with personal leave. Other absences for court appearances related to an employee’s personal business must be taken as personal leave or leave without pay (if no personal leave is available). Employees may be required to submit documentation of their need for leave for court appearances.

Military Leave

Paid leave for military service. Any employee who is a member of the Texas National Guard, Texas State Guard, or reserve component of the armed forces will be granted a paid leave of absence without loss of any accumulated leave for authorized training or duty orders. Paid military leave will not exceed 15 days per year. In addition, an employee is entitled to use available state and local personal or sick leave during a time of active military service.

Reemployment after military leave. Employees who leave the district to enter into the United States uniformed services or ordered to active state military duty (Texas National Guard or Texas State Guard) may return to employment if they are honorably discharged. Employees who wish to return to the district will be reemployed in the position they would have held if employment had not been interrupted or reassigned to an equivalent or similar position provided they are still qualified to perform the required duties. To be eligible for reemployment, employees must provide notice of their obligation or intent to perform military service, provide evidence of honorable discharge or release, and submit an application for reemployment to Bandera ISD personnel office.

The District is not required to reemploy a person if:

·         The District’s circumstances have so changed as to make reemployment impossible or unreasonable;

·         The reemployment of such person would impose an undue hardship on the District, or;

·         The employment from which the person leaves to serve in the uniformed services is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

Employees who perform service in the uniformed services may elect to continue their health plan coverage at their own cost for a period not to exceed 24 months. Employees should contact Bandera ISD payroll department for details on eligibility, requirements, and limitations.

Employee Recognition and Appreciation

Continuous efforts are made throughout the year to recognize employees who make an extra effort to contribute to the success of the district. Employees are recognized at board meetings, in the district newsletter, and through special events and activities.

District Communications

Throughout the school year, the Bandera ISD public relations office publishes newsletters, brochures, fliers, calendars, news releases, and other communication materials. These publications offer employees and the community information pertaining to school activities and achievements.

Complaints/Grievances

Policy DGBA

In an effort to hear and resolve employee “concerns” or “complaints” in a timely manner and at the lowest administrative level possible, the board has adopted an orderly process that all employees must follow when bringing formal complaints and grievances. Employees are encouraged to discuss problems or complaints with their supervisors or an appropriate administrator at any time.

The formal grievance process provides all employees with an opportunity to be heard up to the highest level of management if they are dissatisfied with an administrative response. Once all administrative grievance procedures are exhausted, employees can bring grievances to the board of trustees. For ease of reference, the district’s policy concerning the process of bringing complaints and grievances is located at the Bandera ISD website (www.banderaisd.net).

Standards of Conduct

Policy DH

All employees, parents and members of the community are expected to work together in a cooperative spirit to serve the best interests of the district and to be courteous to students, one another, and the public.

Employees are expected to observe the following standards of conduct:

·         Recognize and respect the rights and property of students and coworkers and maintain confidentiality in all matters relating to students and coworkers.

·         Report to work according to the assigned schedule.

·         Notify their immediate supervisor in advance or as early as possible in the event that they must be absent or late. Unauthorized absences, chronic absenteeism, tardiness, and failure to follow procedures for reporting an absence may be cause for  disciplinary action.

·         Know and comply with department and district procedures and policies.

·         Observe all safety rules and regulations and report injuries or unsafe conditions to a supervisor immediately.

·         Use district time, funds, and property for authorized district business and activities only.

·         Use appropriate channels to express concerns and complaints.

All district employees should perform their duties in accordance with state and federal law, district policy, and ethical standards for professional educators. Violation of Policy, regulations, and guidelines could result in disciplinary action, including termination. The Code of Ethics and Standard Practices for Texas Educators is reprinted below:

Code of Ethics and Standard Practices for Texas Educators

Statement of Purpose. The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community.

Professional Standards:

1. Professional Ethical Conduct, Practices, and Performance

·         Standard 1.1 The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution.

·         Standard 1.2 The educator shall not knowingly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.

·         Standard 1.3 The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

·         Standard 1.4 The educator shall not use institutional or professional privileges for personal or partisan advantage.

·         Standard 1.5 The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or to obtain special advantage.

·         This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents, or other persons or organizations in recognition or appreciation of service.

·         Standard 1.6 The educator shall not falsify records, or direct or coerce others to do so.

6/30/2003 Employee conduct and welfare 43:

·         Standard 1.7 The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws.

·         Standard 1.8 The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications.

2. Ethical Conduct toward Professional Colleagues

·         Standard 2.1 The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.

·         Standard 2.2 The educator shall not harm others by knowingly making false statements about a colleague or the school system.

·         Standard 2.3 The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel.

·         Standard 2.4 The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities.

·         Standard 2.5 The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, sex, disability, or family status.

·         Standard 2.6 The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.

·         Standard 2.7 The educator shall not retaliate against any individual who has filed a complaint with the SBEC under this chapter.

3. Ethical Conduct toward Students

·         Standard 3.1 The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

6/30/2003 Employee conduct and welfare 44:

·         Standard 3.2 The educator shall not knowingly treat a student in a manner that adversely affects the student's learning, physical health, mental health, or safety.

·         Standard 3.3 The educator shall not deliberately or knowingly misrepresent facts regarding a student.

·         Standard 3.4 The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

·         Standard 3.5 The educator shall not engage in physical mistreatment of a student.

·         Standard 3.6 The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student.

·         Standard 3.7 The educator shall not furnish alcohol or illegal/unauthorized drugs to any student or knowingly allow any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

Harassment of Students

Policies DH,FFG,FFH

Sexual and other harassment of students by employees are forms of discrimination and are prohibited by law. Employees who suspect a student may have experienced prohibited harassment are obligated to report their concerns to the campus principal or other appropriate district official.  All allegations of prohibited harassment or abuse of a student will be reported to the student’s parents and promptly investigated.  An employee who knows of or suspects child abuse must also report his or her knowledge or suspicion to the appropriate authorities, as required by law.  See: Reporting suspected child abuse. The district’s policy that includes definitions and procedures for reporting and investigation harassment of students is located on the Bandera ISD web page at www.banderaisd.net.

Drug-Abuse Prevention

Policies DH, DI

Bandera ISD is committed to maintaining a drug-free environment and will not tolerate the use of illegal drugs in the workplace. Employees who use or are under the influence of alcohol or illegal drugs as defined by the Texas Controlled Substances Act during working hours may be dismissed. The district’s policy regarding employee drug and alcohol use is listed on the district’s web site at www.banderaisd.net.

Reporting Suspected Child Abuse

Policy DG, DH, FFG, GRA

All employees are required by state law to report any suspected child abuse or neglect to a law enforcement agency, Child Protective Services, or appropriate state agency (e.g.:state agency operating, licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion. Reports to Child Protective Services can be made to a local office or to the Texas Abuse Hotline (800-252-5400). State law specifies that an employee may not delegate to or rely on another person to make the report.

Under state law, any person reporting or assisting in the investigation of reported child abuse or neglect is immune from liability unless the report is made in bad faith or with malicious intent. In addition, the district is prohibited from retaliating against an employee who, in good faith, reports child abuse or neglect or who participates in an investigation regarding an allegation of child abuse or neglect. An employee’s failure to report suspected child abuse may result in prosecution for the commission of a Class B misdemeanor. In addition, a certified employee’s failure to report suspected child abuse may result in disciplinary procedures by SBEC for a violation of the Educators Code of Ethics. Employees who suspect that a student has been or may be abused or neglected should also report their concerns to the campus principal. This includes students with disabilities who are no longer minors. Employees are not required to report their concern to the principal before making a report to the appropriate agencies. In addition, employees must cooperate with child abuse and neglect investigators. Reporting the concern to the principal does not relieve the employee of the requirement to report to the appropriate state agency. Interference with a child abuse investigation by denying an interviewer’s request to interview a student at school or requiring the presence of a parent or school administrator against the desires of the duly authorized investigator is prohibited.

Associations and Political Activities

Policy DGA

The district will not directly or indirectly discourage employees from participating in political affairs or require any employee to join any group, club, committee, organization, or association. Employees may join or refuse to join any professional association or organization. An individual’s employment will not be affected by membership or a decision not to be a member of any employee organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

Safety

Policy CK

The district has developed and promotes a comprehensive program to ensure the safety of its employees, students, and visitors. The safety program includes guidelines and procedures for responding to emergencies and activities to help reduce the frequency of accidents and injuries. To prevent or minimize injuries to employees, coworkers, and students and to protect and conserve district equipment, employees must comply with the following requirements:

·         Observe all safety rules.

·         Keep work areas clean and orderly at all times.

·         Immediately report all accidents to their supervisor.

·         Operate only equipment or machines for which they have training and authorization.

Employees with questions or concerns relating to safety programs and issues can contact the Superintendent.

Tobacco Use

Policies DH, GKA, FNCD

Smoking or using tobacco products is prohibited on all district-owned property and at school-related or school-sanctioned activities, on or off campus. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities. Drivers of district-owned vehicles are prohibited from smoking while inside the vehicle. Notices stating that smoking is prohibited by law and punishable by a fine are displayed in prominent places in all school buildings.

Employee Arrests and Convictions

Policy DH

An employee who is arrested for any felony or any offense involving moral turpitude must report the arrest to the principal or immediate supervisor within three calendar days of the arrest. An employee who is convicted of or receives deferred adjudication for such an offense must also report that event to the principal or immediate supervisor within three days of the event. Moral turpitude includes, but is not limited to, the following:

·         Dishonesty

·         Fraud

·         Deceit

·         Theft

·         Misrepresentation

·         Deliberate violence

·         Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor

·         Drug or alcohol-related offenses

·         Acts constituting abuse under the Texas Family Code

Possession of Firearms and Weapons

Policies FNCG, GKA

Employees, visitors, and students are prohibited from bringing firearms, illegal knives, or other weapons onto school premises or any grounds or building where a school sponsored activity takes place. To ensure the safety of all persons, employees who observe or suspect a violation of the district’s weapons policy should report it to their supervisors or call  immediately.

Visitors in the Workplace

Policy GKC

All visitors are expected to enter any district facility through the main entrance and sign in or report to the building’s main office. Authorized visitors will receive directions or be escorted to their destination. Employees who observe an unauthorized individual on the district premises should immediately direct him or her to the building office or contact the administrator in charge. Volunteers or guest speakers in your classroom must be approved by the campus administration and could fall into district guidelines requiring background checks.

Copyrighted Materials

Policy EFE

Employees are expected to comply with the provisions of copyright law relating to the unauthorized use, reproduction, distribution, performance, or display of copyrighted materials (i.e., printed material, videos, computer data and programs, etc.). Rented videotapes are to be used in the classroom for educational purposes only. Duplication or backups of computer programs and data must be made within the provisions of the purch