October 5, 2006
THE PARISH SCHOOL BOARD OF VERNON PARISH LOUISIANA CONVENED IN REGULAR SESSION AT 10:00 A.M., AT 201 BELVIEW ROAD, LEESVILLE, LOUISIANA. PRESIDENT PYNES CALLED THE MEETING TO ORDER AND ON ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT:
ROBERT PYNES, JR., PRESIDENT
JAMES ARMES
MEL HARRIS
MARK SMITH
JOHN C. BURNS
BERYL FORD
RANDY MARTIN
MICHAEL PERKINS
GAYE MCKEE
GENE HAYMON
COL. DAVID G. SAGE
ABSENT: RICKY REESE
MAXINE GUNN – FAMILY ILLNESS
There was also present Dr. Cynthia A. Gillespie, Secretary of the Board.
The meeting was opened in prayer by Gaye McKee.
The Pledge of Allegiance was led by Mark Smith.
On motion of Mark Smith, seconded by Mel Harris, the Board voted to approve and dispense with the reading of the minutes of September 12, 2006.
On motion of Gaye McKee, seconded by James Armes, the Board voted to accept the Headstart Policy Council Membership.
James Armes reported that the Transportation Committee had met and discussed bus turnarounds and fuel adjustments. These topics will be taken under advisement and a Transportation Committee meeting will be scheduled at a later date. Mr. Funderburk reported that there is still a need for bus drivers.
Mark Smith reported that the Salary/Personnel Committee had met and reviewed the personnel changes for October, 2006 and would make its recommendation to the Board at the Tuesday, October 10, 2006 board meeting. Mr. Smith reminded the Board members to review the transaction list before the next meeting.
Mr. Tom Neubert discussed the following policy changes:
STUDENT HEALTH SERVICES
HEALTH CARE CENTERS
In order to provide adequate health care and services to students, the Vernon Parish School Board may authorize the establishment of student health care centers in the schools of the parish. Any health clinic established shall be supervised by a school nurse, who shall be licensed in accordance with state law. Health care centers shall provide services which include, but are not limited to the following: treatment of minor illness and injury, routine physical examinations, immunizations, referrals to alcohol and drug abuse prevention program counselors, and mental health services. No student shall receive any type of service unless the Parent/Legal Guardian Consent Form has been signed, returned to school, and has been filed in the clinic.
HEARING AND VISION SCREENING
The School Board, during the first semester of the school year, or within thirty (30) days after the admission of students entering school late in the session, shall test the sight, including color screening for all first grade students, and hearing of students according to the schedule outlined by the American Academy of Pediatrics, except those students whose parents or guardians may object to such tests. Students may also be tested upon referral or requests of teachers and/or parents.
A record of such examination shall be kept and the administrators shall be required to follow up on the deficiencies within sixty (60) days, and shall notify in writing the parent or tutor of every pupil found to have any defect of sight or hearing. A written report of all such examinations shall be made to the state superintendent of education but shall not be made available to the public.
TESTING FOR DYSLEXIA
Upon the request of a parent, student, school nurse, classroom teacher, or other school personnel who has reason to believe that a student has a need to be tested for dyslexia, that student shall be referred to the school building level committee for additional testing. The Board may provide for additional training for school nurses to aid in identifying dyslexic students.
For purposes of this policy, dyslexia shall be defined as difficulty with the alphabet, reading, reading comprehension, writing, and spelling in spite of adequate intelligence, exposure, and cultural opportunity.
OTHER HEALTH CONSIDERATIONS
The School Board acknowledges that only properly trained personnel shall make recommendations regarding certain health issues of students.
The School Board shall prohibit, in accordance with statutory provisions, any teacher employed by the Board from recommending that a student be administered a pyschotropic drug, specifying or identifying any specific mental health diagnosis for a student, or using a parent's or guardian's refusal to consent to the administration of a psychotropic drug to a student or to a psychiatric evaluation, screening, or examination of a student as grounds for prohibiting the student from attending any class or participating in any school-related activity or as the sole basis of accusations of child abuse or neglect against the parent or guardian.
The provisions of the above paragraph shall not be construed so as to prohibit any of the following:
(1) An employee of the School Board who is a registered nurse, nurse practitioner, physician, or an appropriately credentialed mental health professional or teacher from recommending that a student be evaluated by an appropriate medical practitioner.
(2) A teacher or other certified employee of the School Board from suggesting a student be assessed or evaluated by qualified employees of the School Board who perform such function.
(3) A teacher assessing or evaluating any element of a student's academic readiness, performance, or achievement.
(4) Any employee of the School Board from discussing any aspect of a student's behavior or academic progress with the student's parent or guardian or any other employee of the School Board.
Definitions
Psychotropic drug shall mean a substance that is used in the diagnosis, treatment, or prevention of a disease or as a component of a medication and is intended to have an altering effect on perception, emotion, or behavior.
Teacher, for purposes of this section of the policy, shall mean any person employed by the School Board, who, as a condition of employment, is required to hold a valid teaching certificate issued by the Louisiana Department of Education and any person employed by the School Board as a substitute teacher.
ADMINISTERING CATHETERS
The Board does not require any employee other than a registered nurse or a licensed medical physician to catheterize any student until all of the following conditions have been met:
(1) A registered nurse or licensed medical physician, employed by the Board, has assessed the health status of the specific child in his/her specific educational setting. The registered nurse has determined that the procedure could be safely performed, the results are predictable and could be delegated to someone other than a registered nurse following documented training.
(2) The registered nurse or licensed medical physician shall train at least two (2) employees to catheterize the specific child in his/her educational setting. The employees shall be given not less than eight (8) hours of training in the area of catheterization of students.
(3) Following the training provided for in #2, no catheterization may be performed unless prescribed in writing by a licensed medical physician. The employee, other than the registered nurse or licensed medical physician, shall be required to complete, under the direct supervision of a registered nurse, a minimum of five (5) catheterizations. Upon one hundred percent successful completion of these catheterizations, the registered nurse or licensed medical physician and the trainee shall sign a standard form indicating that the trainee has attained the prescribed level of competency. A copy of this form shall be kept on file by the school system.
(4) Individuals who are required to perform catheterizations and have been trained according to statutory provisions, may not decline to perform such service except as exempted by a licensed medical physician or a registered nurse. The reasons for such exemption shall be documented and certified by the licensed medical physician or a registered nurse within seventy-two (72) hours.
(5) Any employee shall have the right to request that another School Board employee be present while catheterizing the student, to serve as a witness to the procedure. After making such a request, the employee shall not be required to catheterize a student without such a witness.
The provisions of this part of the policy shall be restricted to those students who have had intermittent catheterization prescribed as a treatment for urinary or neurologic dysfunction and not for continuous bladder drainage or to obtain urine specimens for diagnostic purposes. No employee shall be requested to catheterize any student for continuous bladder drainage or to obtain urine specimens for diagnostic purposes.
PERFORMING NONCOMPLEX HEALTH PROCEDURES
The term noncomplex health procedure shall mean a task which is safely performed according to exact directions, with no need to alter the standard procedure, and which yields predictable results. It shall include the following:
(1) Modified activities of daily living which require special instruction such as toileting/diapering, bowel/bladder training, toilet training, oral/dental hygiene, lifting/positioning, and oral feeding.
(2) Health maintenance procedures such as postural drainage, percussion, tracheostomy and oral pharyngeal suctioning, gastrostomy feeding and monitoring of these procedures.
(3) Screenings such as growth, vital signs, hearing, vision, and scoliosis.
The School Board does not require any employee other than a registered nurse, licensed medical physician, or an appropriate licensed health professional to perform noncomplex health procedures until all the following conditions have been met:
(1) A registered nurse or a licensed medical physician and, when appropriate, another licensed health professional employed by the Board, has assessed the health status of the specific child in his/her specific educational setting and has determined that, according to the legal standards of the respective licensed health professional performing such procedure, the procedure can be safely performed, the results are predictable, and the procedure can be delegated to someone other than a licensed health professional following documented training.
(2) The registered nurse or the licensed medical physician and, when appropriate, another licensed health professional shall train, in his or her area of expertise, at least two (2) such employees to perform noncomplex health procedures on the specific child in his/her educational setting. The employees shall be given not less than four (4) hours of training in the area of noncomplex health procedures.
(3) Following the training provided for in #2, no noncomplex health procedure, except screenings and activities of daily living such as toileting/diapering, toilet training, oral/dental hygiene, oral feeding, lifting, and positioning may be performed unless prescribed in writing by a physician licensed to practice medicine in the state of Louisiana or an adjacent state.
The employee, other than the registered nurse, licensed medical physician, or appropriate licensed health professional shall be required to complete, under the direct supervision or coordination of a registered nurse, a minimum of three (3) satisfactory demonstrations. Upon satisfactory completion of these noncomplex health procedures, the registered nurse, licensed medical physician, or appropriate licensed health professional and the trainee shall sign a standard form indicating that the trainee has attained the prescribed level of competency. A copy of this form shall be kept on file by the school system.
(4) Individuals who are required to perform noncomplex health procedures and have been trained according to the provisions of this Section, may not decline to perform such service at the time indicated except as exempted for reasons as noted by the licensed medical physician or registered nurse. The reasons for such exemption shall be documented and certified by the licensed medical physician or a registered nurse within seventy-two (72) hours.
(5) An employee shall have the right to request that another Board employee be present while he/she is performing noncomplex health procedures for a student, to serve as a witness to the procedure. After making such a request, the employee shall not be required to perform noncomplex health procedures without such a witness.
The School Board shall provide the necessary safety equipment, materials, and supplies to each employee who performs noncomplex health procedures. Such safety equipment, materials, and supplies shall include but not be limited to gloves, anti-bacterial soaps and wipes, paper towels and masks.
For the purposes of this section of the policy, employee means any appropriate member of the education staff.
Revised: December, 1995
Revised: December, 1997
Revised: August, 2003
Revised: September, 2006
Ref: Irving Independent School District v. Tatro, 104 S.Ct. 33371 (1984); La. Rev. Stat. Ann. §§14:403, 40:31.3, 17:170, 17:435, 17:436, 17:436.2, 17:2112; Board minutes, 9-4-03.
SCHOOL BOARD ETHICS
Recognizing that as a member of a public school board and that each Vernon Parish School Board member is filling a position of public trust, responsibility, and authority endowed by the State of Louisiana, the Vernon Parish School Board, individually and collectively, shall subscribe to the principles of the Louisiana School Boards Association, by which a school board member should be guided.
In addition, certain actions of elected officials may be considered improper, and in some circumstances, illegal. Actions which may present a conflict of interest, acceptance of gifts, or solicitations, or gratuities, abuse of authority of office or position, and decisions regarding the employment of a family member of an official are all subject to statutory restrictions. The ethical conduct of Board members, as well as other designated officials, shall be in accordance with state law.
GIFTS
Acceptance of personal gifts by any Board member or employee of the Vernon Parish School Board from persons or firms doing business with the School Board, or any department or school thereof, is prohibited. Reduced cost and/or free travel expenses are also defined as gifts with regard to this policy provision. This policy provision does not preclude acceptance of food or drinks of a social nature or participation in a social event. It also shall not preclude the acceptance of campaign contributions for use in meeting campaign expenses by any employee or Board member who is or becomes a candidate for election to any public office.
NEPOTISM
No member of the immediate family of an agency head shall be employed in his/her agency. No member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity, with limited exception as outlined below.
The provisions above shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of a public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
Exceptions
1. The School Board may employ any member of the immediate family of any Board member or the Superintendent as a classroom teacher provided that such family member is certified to teach. Any School Board member or Superintendent whose immediate family member is employed by the School Board shall recuse himself/herself from any decision involving the promotion or assignment of teaching location of the employee.
2. The School Board may employ an immediate family member of an athletic director of a school as a coach at such school.
PROHIBITED TRANSACTIONS
Any School Board member, Superintendent, or employee is prohibited by state law, with limited exception as provided in La. Rev. Stat. Ann. §42:1120, from participating in a transaction in which he/she has a personal substantial economic interest of which he/she may be reasonably expected to know involving the governmental entity. Also, any School Board member, Superintendent, or employee is prohibited by state law, except as provided in La. Rev. Stat. Ann. §42:1120, from participating in a transaction involving the governmental entity in which, to his/her actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his/her immediate family.
(2) Any person in which he/she has a substantial economic interest of which he/she may reasonably be expected to know.
(3) Any person of which he/she is an officer, director, trustee, partner or employee.
(4) Any person with whom he/she is negotiating or has an arrangement concerning prospective employment.
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
Every public employee shall disqualify himself/herself from participating in a transaction involving the governmental entity when a violation of state law would result.
ABUSE OF OFFICE
No School Board member, Superintendent, or employee shall use the authority of his/her office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself/herself, any other public servant, or other person with any thing of economic value.
No School Board member, Superintendent, or employee shall use the authority of his/her office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to engage in political activity.
No School Board member shall act in an individual capacity without the authorization of the School Board to use the authority of his/her office or position as a member of the School Board, directly or indirectly, in a manner intended to compel or coerce any personnel decision, including the promotion, discipline, discharge, or assignment of work to any school employee.
No School Board member shall use the authority of his/her office or position as a member of the School Board, directly or indirectly, in a manner intended to compel or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization.
TRANSACTIONS AFTER TERMINATION OF PUBLIC SERVICE
No former agency head or elected official shall, for a period of two (2) years following the termination of his/her public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for the Board.
No former member of the School Board shall, for a period of two (2) years following the termination of his/her public service on such Board, contract with, be employed in any capacity by, or be appointed to any position by the Board, except that the School Board may employ a former member for any classroom teaching position which requires a valid Louisiana teaching certificate or a school psychologist with a valid certificate in school psychology, provided the former School Board member holds such a certificate.
DEFINITIONS
Agency means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
Agency head means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
Immediate family as the term relates to a public servant means his/her children, the spouses of his/her children, his/her brothers and their spouses, his/her sisters and their spouses, his/her parents, his/her spouse, and the parents of his/her spouse.
Public servant means a public employee or an elected official.
Political activity means an effort to support or oppose the election of a candidate for political office in an election.
Substantial economic interest means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:
(a) The interest that the public servant has in his/her position, office, rank, salary, per diem, or other matter arising solely from his/her public employment or office.
(b) The interest that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter.
(c) The interest that a person has as a member of the general public.
Transaction involving the governmental entity means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
Revised: October, 1997
Revised: November, 1999
Revised: August, 2003
Revised: September, 2006
Ref: La. Rev. Stat. Ann. §§17:81, 17:428, 42:1101, 42:1102, 42:1115, 42:1116, 42:1119, 42:1121, 42:1123; Board minutes 9-4-03.
BUILDINGS AND GROUNDS MANAGEMENT
It shall be the policy of the Vernon Parish School Board to require that school properties be maintained in good physical condition. The Board, therefore, shall instruct the Superintendent to assure that all normal building and grounds maintenance, repairs and improvement functions are an integral part of the administration of the school system, including the regular evaluation for any safety hazards.
The Superintendent shall be vested with a broad range of administrative and supervisory authority relative to the school system's buildings and grounds program. Regular reports shall be made available to the Board relative to maintenance needs, safety, utility and attractiveness of school plants and grounds within the school system.
The Board shall not be held responsible for any personal items stolen or damaged on school premises. The Board shall require principals and/or persons in charge of public school property to prohibit the use, sale, or possession of alcoholic beverages on public school property.
VACANT AND/OR UNOCCUPIED BUILDINGS
Vacant and/or unoccupied premises owned by the School Board shall be properly secured and maintained to prevent unauthorized trespass or injury to the general public. It shall be the responsibility of the Superintendent or his/her designee to assure that any vacant and/or unoccupied property of the School Board has limited access for authorized personnel only and the grounds are maintained regularly.
SMOKING/TOBACCO USE ON SCHOOL BOARD PROPERTY
Smoking, carrying a lighted cigar or cigarette, pipe or any other form of smoking object or device, or possessing any lighted tobacco product or any other lighted combustible plant material shall be prohibited in any elementary or secondary school building, on the campus of any elementary or secondary school, any building on the campus, and on all school buses. Smoking, carrying a lighted cigar or cigarette, pipe or any other form of smoking object or device shall be prohibited on the grounds of any other School Board property except in areas specifically designated as smoking areas by the building administrator.
Chewing or otherwise consuming any tobacco or tobacco product in any elementary or secondary school building, or any building located on the property of any elementary or secondary school, or on any school bus transporting students shall be strictly prohibited.
Revised: February, 2003 Revised: September, 2006
Ref: 20 USC 7183 (No Child Left Behind Act of 2001); La. Rev. Stat. Ann. §§14:91.7, 17:87.6, 17:151, 17:240, 17:416, 40:1300.251, 40:1300.252, 40:1300.253, 40:1300.255, 40:1300.261, 40:1563, 40:1578.6, 40:1583; Board minutes, 3-13-0
EMPLOYEE TOBACCO USE
Smoking, carrying a lighted cigar or cigarette, pipe or any other form of smoking object or device, or possessing any lighted tobacco product or any other lighted combustible plant material shall be prohibited in any elementary or secondary school building, on the campus of any elementary or secondary school, any building on the campus, and on all school buses. Smoking, carrying a lighted cigar or cigarette, pipe or any other form of smoking object or device shall be prohibited on the grounds of any other Vernon Parish School Board property except in areas specifically designated as smoking areas by the building administrator.
Chewing or otherwise consuming any tobacco or tobacco product in any elementary or secondary school building, or any building located on the property of any elementary or secondary school, or on any school bus transporting students shall be strictly prohibited.
Revised: September, 2006
Ref: 20 USC 7183 (No Child Left Behind Act of 2001); La. Rev. Stat. Ann. §§17:240, 40:1300.251, 40:1300.252, 40:1300.253, 40:1300.255, 40:1300.261, Board minutes, 3-13-03.
EMPLOYMENT OF PERSONNEL
The Vernon Parish School Board and its administrative staff believes that it has an obligation to provide the children attending its schools with the very best personnel available regardless of race, color, creed, sex, age, national origin or any similar personal characteristic. Age shall be considered only with respect to minimums set by law.
The Superintendent or his/her designee shall be responsible for establishing and maintaining appropriate procedures for reviewing and evaluating any and all applicants for selection, including administrative and supervisory personnel, and assuring adherence to applicable state and federal legal requirements. Selection of personnel to fill all positions shall be made on a non-discriminatory basis with selection procedures and evaluative criteria known to all applicants. Applicants should not resort to the use of political, social, or other pressures to gain employment or promotion.
PERSONNEL CHANGES
The School Board shall select teachers and all other personnel from recommendations made by the Superintendent. It shall be the responsibility of the Superintendent to ensure that all persons recommended have proper certification where applicable, and are qualified for the position. Nothing shall prevent the School Board from rejecting the recommendation made by the Superintendent and requiring the Superintendent to submit additional recommendations.
CERTIFIED PERSONNEL
The Superintendent and/or his/her designee shall consult with the principal regarding any possible selections made by the Superintendent for hiring or placement of any teacher or other certified personnel at the school in which the principal is employed. In addition, the Superintendent and/or his/her designee shall consult with teachers regarding any possible selections made by the Superintendent for the hiring or placement of a principal at the school in which such teachers are employed, subject to the provisions of any applicable court order.
The Board shall require all teaching personnel employed by the district to possess those qualifications set forth by the Louisiana Board of Elementary and Secondary Education (BESE) and by all applicable accrediting agencies. The Board also recognizes that these qualifications, as well as qualifications for all positions, are set up to promote minimum standards. The Superintendent and/or his/her designee shall strive to employ persons who exceed these minimum requirements, whenever possible.
BUS DRIVERS
The School Board shall only employ as school bus drivers those persons who have met all state and federal requirements for such positions. Whenever a school bus operator is needed to drive a new route or a route vacated by a previous operator, the school bus operator who is tenured and has acquired the greatest seniority shall be offered the opportunity to and may change from driving his/her route to the vacant route before another operator is selected. If the tenured bus operator with the greatest seniority chooses not to change to the vacant route, the route shall then be offered in order of seniority to a school bus operator who has acquired tenure.
If no tenured operator chooses to change to the vacant route, the route shall then be offered to a full‑time probationary bus operator.
If no regular bus operator, tenured or probationary, chooses to change to the vacant route, then a substitute bus operator shall be selected for the position from a list of approved substitute school bus operators. If no tenured, probationary, or substitute bus operator wants the route, then a new driver shall be hired.
Whenever a school bus operator owning his/her own bus retires, the Board shall first offer a vacated route to any person meeting the requirements of the School Board who is willing to acquire the bus of the retiring operator at full appraised value. This provision shall be applicable only when the bus owned by the retiring operator has been manufactured within a period of five (5) years immediately prior to the operator's retirement and the operator is retiring due to a documented physical disability.
The School Board may select an operator to fill a vacant route using a different process than outlined above, but only if the Board is required to bear an increase in the unreimbursed costs for nonpassenger miles over those attributable to the previous operator who vacated the route.
Whenever a vacancy occurs on a route due to death, resignation, retirement, or the expiration of the regular operator's approved leave, or a new route is established, the route shall be filled with a regular school bus operator using the process stated above no later than the following school year unless the route is consolidated or eliminated.
If an operator is on approved leave, his/her route shall not be considered a vacant route. A substitute shall be used to drive a route for an operator on approved leave regardless of the length of time of the approved leave.
OTHER SUPPORT PERSONNEL
Applicants shall be selected for support positions based on criteria as may be determined by the School Board. Unless specifically covered by a written employment contract expressly entered into by the individual employee and the Board, school employees shall be hired on an at-will employment basis, which means they are subject to dismissal by the Board upon the written recommendation of the Superintendent. School employee shall mean any employee of the Board that is not required to hold a valid teacher's certificate as a condition of employment or is not a bus driver. All appointments shall be temporary until ability to perform assigned tasks has been determined.
DISCLOSURE OF INFORMATION BY APPLICANT
Prior to hiring any employee, the School Board shall request the applicant to sign a statement that requests and authorizes the release and disclosure of information by the applicant's current or previous employer, if such employer is a city, parish, or other local public school board, relative to all instances of sexual misconduct with students as defined by BESE regulations, as committed by the applicant, if any. The statement shall also request the current or previous employing School Board make available to the School Board, within twenty (20) business days of receipt of the request, copies of all documents as contained in the applicant's personnel file maintained by such employer relative to instances of sexual misconduct, if any. Such request for information shall include a copy of the required statement signed by the applicant.
The School Board may employ any applicant on a conditional basis pending the Board's review of any information obtained pursuant to this request. However, in accordance with statutory provisions, the School Board shall not hire any applicant who does not sign the statement as required by law.
Any information obtained by the School Board as a result of the statement and request outlined above shall be used by the Board only for the purpose of evaluating an applicant's qualifications for employment in the position for which he/she has applied.
CRIMINAL HISTORY OF APPLICANTS
The Vernon Parish School Board shall require, in accordance with state law, applicants for employment with the School Board to submit necessary information regarding their backgrounds. A prospective employee shall be required to provide authorization for the disclosure of any information regarding past criminal activities.
A standard applicant fingerprint card and a disclosure authorization form shall be provided the applicant by the School Board or may be obtained from local police authorities. It shall be the responsibility of the applicant to have his/her fingerprints taken by a qualified individual and submitted to the proper authorities for processing. Applicants shall be required to pay ½ the costs associated with fingerprinting or the disclosure of background information at the time of application.
1. No person who has been convicted of or has plead nolo contendere to crimes listed in La. Rev. Stat. Ann. §15:587.1 shall be hired as a teacher, substitute teacher, bus driver, substitute bus driver, or janitor, or as a temporary, part-time, or permanent school employee of any kind, unless approved in writing by a district judge and the district attorney with jurisdiction in this parish, or if employed on an emergency basis, unless approved in writing by the Superintendent. Any such statement of approval shall be kept on file at all times at the location wherein the employee is assigned and shall be produced upon request by any law enforcement officer.
2. For the purposes of reviewing the criminal history of prospective employees, any person employed to provide cafeteria, transportation, janitorial or maintenance services by any person or entity that contracts with a school or school system to provide such services shall be considered to be hired by the school system.
3. Every such prospective employee shall be subjected to fingerprinting and each person's fingerprints shall be submitted to the proper authorities for a criminal history review.
4. A person who has submitted his/her fingerprints may be temporarily hired pending the results of the inquiry.
5. Upon the final conviction or upon a plea of nolo contendere of any crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74 (criminal neglect of family), any teacher may be dismissed following a hearing held in accordance with statutory provision.
6. Any other school employee if such employee is convicted of or pleads nolo contendere to crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, may be dismissed.
7. A teacher or any other School Board employee shall report any final conviction or plea of guilty or nolo contendere to a crime enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, to the School Board within forty-eight hours of conviction.
8. The Board may reemploy a teacher or other school employee who has been convicted of crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, only upon written approval of a district judge and the district attorney who has jurisdiction in this school district, or upon written documentation from the court in which the conviction occurred stating that the conviction had been reversed, set aside, or vacated.
Revised: December, 1992 Revised: August, 2005
Revised: June, 1998 Revised: September, 2005
Revised: October, 2001 Revised: September, 2006
Revised: August, 2002
Ref: La. Rev. Stat. Ann.§§'11:710, 15:587, 15:587.1, 17:15, 17:81, 17:81.9, 17:493.1, 23:897; Board minutes, 8-4-05, 9-6-05.
ASSIGNMENT
POSITION ASSIGNMENTS
The Vernon Parish School Board authorizes the Superintendent or designee to assign all teachers, administrators, supervisory personnel, and other employees of the Vernon Parish School Board to their respective positions and/or schools upon employment. It is the desire of the Board that personnel be assigned on the basis of their qualifications and the needs of the school district. All assignments shall be approved by the School Board.
In order to avoid conflicts of interest, or the appearance of same, no employee shall be assigned to a position that would require that employee to be directly supervised by an immediate family member. The above provision, however, does not apply, in accordance with statutory provisions, to an immediate family member of an athletic director of a school, which may employ an immediate family member as a coach where he/she is athletic director. Immediate family members include the person’s children, the spouses of the person’s children, the person’s brothers and their spouses, the person’s sisters and their spouses, parents, spouse, and the parents of the person’s spouse.
For purposes of this policy, principals shall be considered to directly supervise all programs operated at their school; therefore no immediate family member of any principal shall be employed by the School Board to work in any program operated at his/her school. Also, any department head shall be considered to directly supervise all operations in the department.
CLASS ASSIGNMENT
The principal shall be responsible for assigning teachers to classes within his/her respective school. Except in extenuating circumstances, the principal shall notify teachers of their anticipated assignment for the school year prior to the opening of school. Teachers who wish to request reassignment for the subsequent school year may do so provided such request is submitted prior to the close of the school year. Principals shall give every reasonable consideration to teacher requests for assignment to a particular grade level and/or subject area for which a teacher is certified and qualified.
A teacher shall be notified by the principal of any change in assignment as soon as reasonably possible.
New Policy: September, 2006
Ref: La. Rev. Stat. Ann. §§17:81, 42:1119.
EMPLOYEE CONDUCT
The Vernon Parish School Board believes the teaching profession occupies a position of public trust involving not only the individual teacher's personal conduct, but also the interaction of the school and the community. Education is most effective when these many relationships operate in a friendly, cooperative, and constructive manner. A teacher's conduct, as well as the conduct of all employees throughout the school district, should meet acceptable standards of the community and show respect for the law and the rights of others.
All employees have the responsibility to be familiar with and abide by the laws of the state, the policies and decisions of the Vernon Parish School Board, and the administrative regulations and procedures designed to implement Board policies. Employees shall also comply with the standards of conduct set out in this policy and with any other policies, regulations, procedures, or guidelines that impose duties, requirements, or standards of conduct attendant to their status as School Board employees.
Employees shall be expected to observe at least the following standards of conduct:
● Be courteous to students, one another, and the public and conduct themselves in a professional and ethical manner.
● Recognize and respect the rights and property of students, other employees, and the public.
● Maintain confidentiality of all matters relating to students and other employees.
● Demonstrate dependable attendance and punctuality with regard to assigned activities and work schedules.
● Observe and adhere to all terms of an employee's contract or job description.
● Strive to keep current and knowledgeable about the employee's area of responsibility.
● Refrain from promoting personal attitudes and opinions for matters other than general discussion.
● Refrain from using undue influence to gain, or attempt to gain, promotion, leave, favorable assignments, or other individual benefit or advantage.
● Advocate positive personal behavior on or off campus and attempt to avoid improprieties or the appearance of improprieties.
While the operation of the Vernon Parish School Board and its schools is governed by the provisions of this and all other Board policies, regulations, and procedures, as well as procedures of the individual schools, no policy manual can list each and every instance of misconduct that is precluded. Accordingly, employees are cautioned that the appropriateness of certain action or behavior must necessarily be dictated by the nature of the position held by the employee and standards of common sense. By virtue of one's education and experience, an employee knows and understands that certain actions or conducts are unacceptable even in the absence of formal Board policy. For instance, without the need of a specific prohibition or warning, a classroom teacher should be aware of the impropriety of certain practices such as leaving students unattended, using profanity or sexually suggestive language, or bringing a firearm onto campus. Such conduct constitutes both incompetence and willful neglect of duty. Such conduct, as well as violation of any state or federal law or Board policies, regulations, or procedures, or school regulations or procedures, shall result in the imposition of discipline up to and including termination.
NOTIFICATION BY EMPLOYEES
Teachers and/or any other School Board employee shall be required, in accordance with state and federal statutory provisions, to notify the Board upon conviction of certain crimes.
A. A teacher or any other School Board employee shall report any final conviction or plea of guilty or nolo contendere to a crime enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, to the School Board within forty-eight (48) hours of conviction.
B. A teacher or any other School Board employee shall notify the School Board of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
Revised: September, 2006
Ref: 41 USC 702 (Drug-Free Workplace); La. Rev. Stat. Ann. §§17:15, 17:81; Sylvester v. Cancienne, 95-0789 (La. App. 1 Cir. 11/9/95), 664 So.2d 1259; Howard v. West Baton Rouge Parish School Board, 2000-3234 (La. 6/29/01), 793 So.2d 153.
PROFESSIONAL LEAVE
The Vernon Parish School Board recognizes the value of attending regional and national educational meetings in order to become exposed to new ideas and developments in various areas of public school education. Therefore, the Superintendent or his/her designee may grant professional leave to an employee wishing to attend any educationally related conference, meeting, or convention, if such attendance is considered to be in the best interests of the school district. The Board may pay all or any part of expenses of any personnel whom it may direct to represent it at any such professional or educational meeting or in visitation to another school system. In all such cases, prior approval for said expenses must be given by the Superintendent or his/her designee.
Application and notification to attend a conference or similar educational meeting shall be made in writing and approved as far in advance of the meeting as possible. The written request shall include dates, subjects to be covered, and sponsoring agency.
Employees who request and receive written approval from or are directed by their supervisors to be absent from work assignment to attend a meeting, workshop, or other work related activity, shall indicate excused absence on their time-keeping form.
LEAVE FOR STATE BOARD OR COMMISSION
Leave with pay shall be granted any school system employee who is an elected member of the Board of Trustees of the Teachers’ Retirement System of Louisiana or the Louisiana School Employees Retirement System, an elected or appointed member of the Louisiana Board of Elementary and Secondary Education (BESE), or an appointed member of any task force, commission, or other advisory body established by BESE so that such employee may attend meetings of the entity and any committees thereof on which the employee serves.
The School Board shall require any employees who may serve on the public entities outlined above to provide notice to the Board of the dates and times of all meetings of the entity and any committees thereof that are scheduled to occur on a regular basis and reasonable notice to the Board of any special or otherwise unscheduled meetings.
Any employee serving on such an entity shall apply in writing for such leave in a timely manner, but in no case less than twenty-four (24) hours prior to the date of the meeting, except in an emergency. The employee shall also be required to submit proper documentation that the leave granted was used for the purposes for which requested. Improper use of said leave may result in reimbursement to the Board of any compensation paid the employee for the leave days taken, and may lead to discipline of the employee up to and including termination.
Revised: September, 2006
Ref: La. Rev. Stat. Ann. §§17:81, 17:1186.
SUSPENSION
The Vernon Parish School Board recognizes its authority to maintain good order and discipline within the schools of the school district. Therefore, the Board recognizes the principal's authority to suspend a pupil for a specified period of time in accordance with statutory provisions. The term of suspension may carry over into the next school year, when necessary, unless otherwise provided for in state statutes.
In each case of suspension, the school principal, or his or her designee, prior to any suspension, shall advise the student of the particular misconduct of which he/she is accused as well as the basis for such accusation, and the pupil shall be given an opportunity at that time to explain his/her version of the facts. The principal/designee shall contact the parent, tutor, or legal guardian of the pupil to notify them of the suspension, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the pupil. Notice shall be given by contacting the parent, tutor, or legal guardian by telephone at the telephone number shown on the pupil's registration card, or by sending a certified letter to the address shown on the pupil's registration card. The principal shall promptly advise the Superintendent or designee of all such suspensions, stating the reasons for the suspensions.
No suspended pupil shall be allowed to leave the school premises during the school day until the parent, guardian, or other proper authorities assume responsibility for him/her, unless immediate removal from school due to danger or threat of disruption to academic process is warranted.
If the parent, tutor, or legal guardian fails to attend the required conference within five (5) school days of notification, the truancy laws shall be effective. On not more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond to the notice, the principal may determine whether readmitting the pupil is in the best interest of the pupil. On any subsequent occasions in the same school year, the pupil shall not be readmitted unless the parent, tutor, or legal guardian, court, or other appointed representative responds.
In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a pupil to attend a conference or meeting regarding the pupil's behavior and after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or his/her designee shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.
When a pupil is suspended for a second time within one school year, the principal may require a counseling session be held with the parent and pupil by the school counselor. If no counselor is available, the conference may be held with all the pupil's teachers and the principal or other administrator.
Any student, after being suspended on three (3) occasions for committing any suspendable offense during the same school year, shall on committing the fourth offense, be expelled from all the public schools of the system until the beginning of the next regular school year, and the pupil's reinstatement shall be subject to the review and approval of the Board.
The principal and other appropriate personnel shall be required to file written documentation of all suspensions. Said documentation shall include the circumstances surrounding any suspension, the reason for suspension, and any other pertinent facts concerning the disciplinary action. The principal shall file copies of his/her report with the Superintendent, other appropriate personnel and the parent or guardian and retain a copy for his/her records.
Any parent, tutor, or legal guardian of a pupil suspended shall have the right to appeal to the Superintendent or his/her designee, who shall conduct a hearing on the merits. If the parent or legal guardian is not present for the hearing after having been properly notified, the hearing may proceed and the results of the hearing shall be mailed to the parent or legal guardian within three (3) school days by certified mail, return receipt requested. The decision of the Superintendent on the merits of the case, as well as the term of suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of suspension.
Except for in-school suspensions, any pupil suspended shall receive no credit for school work missed while suspended.
Upon the seizure by any teacher, principal, school security guard, or other school administrator of any firearm, knife, or other dangerous implement which could be used as a weapon or inflict injury, the principal or his or her designee shall be required to report the confiscation to appropriate law enforcement officials.
MANDATORY SUSPENSION
The principal shall be required to suspend a pupil who:
1. is found carrying or possessing a firearm or a knife with a blade two (2) inches or longer, or another dangerous instrumentality, except as provided below under the section entitled Suspension Not Applicable; or
2. possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by state law, in any form.
Additionally, the principal shall immediately recommend the pupil's expulsion to the Superintendent, for the above offenses, except in the case of a student less than eleven (11) years of age in pre-kindergarten through grade 5 who is found carrying or possessing a knife with a blade two (2) inches or longer, the principal may, but shall not be required to recommend the student's expulsion. A student found carrying or possessing a knife with a blade less than two (2) inches in length may be suspended by the school principal, but, in appropriate cases, at a minimum, shall be placed in in-school suspension.
School officials, in accordance with statutory provisions, shall have total discretion and shall exercise such discretion in imposing on a pupil any disciplinary actions authorized by state law for possession by a pupil of a firearm or knife on school property when such firearm or knife is stored in a motor vehicle and there is no evidence of the pupil's intent to use the firearm or knife in a criminal manner.
Suspension Not Applicable
Suspension of a student shall not apply to the following:
1. A student carrying or possessing a firearm or knife for purposes of involvement in a school class, course, or school approved co-curricular or extracurricular activity or any other activity approved by appropriate school officials.
2. A student possessing any controlled dangerous substance that has been obtained directly or due to a valid prescription or order from a licensed physician. However, such student shall carry evidence of that prescription or physician's order on his/her person at all times when in possession of any controlled dangerous substance which shall be subject to verification.
Assault or Battery of School Employees
Whenever a pupil is formally accused of violating state law or school disciplinary regulations, or both, by committing assault or battery on any school employee, the principal shall suspend the pupil from school immediately and the pupil shall be removed immediately from the school premises without the benefit of required procedures, provided, however, that such procedures shall follow as soon as practicable. The student shall not be readmitted to the school to which the employee is assigned until all hearings and appeals associated with the alleged violation have been exhausted.
RECUSAL OF ADMINISTRATOR IN DISCIPLINE MATTERS
Any school administrator or administrator's designee who is required to make a recommendation, decide an issue, or take action in a matter involving the discipline of a student shall recuse himself/herself whenever a member of the immediate family of the administrator or administrator's designee is involved in any manner in the discipline matter. In case of recusal, the action to be taken shall be done so by the Superintendent or an impartial designee of the Superintendent.
Immediate family means the individual's children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents of the spouse.
SUSPENSION OF STUDENTS WITH DISABILITIES
Suspension of students with disabilities shall be in accordance with applicable state or federal law and regulations.
Revised: December, 1992
Revised: August, 1994
Revised: December, 1995
Revised: July, 1996
Revised: September, 1997
Revised: August, 1999
Revised: August, 2003
Revised: August, 2005
Revised: September, 2006
Ref: La. Rev. Stat. Ann. §§17:223, 17:416, 17:416.1, 17:416.3; Goss v. Lopez, 95 S.Ct. 729 (1973); Regulations for Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education; Board minutes, 9-4-03, 9-6-05.
On motion of Gene Haymon, seconded by Beryl Ford, the Board voted to ban smoking on all Vernon Parish School Board property effective January 1, 2007. There was no opposition to this motion.
On motion of Gene Haymon, seconded by Mel Harris, the board voted to advertise for bids for Headstart playground surfacing under playground structures as required by the U.S. Consumer Product Safety Commission.
On recommendation of Superintendent Gillespie, and on motion by John Burns, seconded by the Board, the Board adopted the following resolution:
R E S O L U T I O N
WHEREAS, the cost of providing the appropriate education for at-risk students has escalated and continues to do so, thus straining limited resources of school districts; and
WHEREAS, the number of at-risk students within school districts continues to climb; and
WHEREAS, the cost of all types of insurance that school districts must pay by statute, not the least of which is employee health insurance and insurance on school facilities has increased astronomically; and
WHEREAS, the cost of utilities and employee retirement continue to inflate each year; and
WHEREAS, the increases in the at-risk factor in 2006-2007 of 1.17% to 1.19% and funding for increased costs of retirement, insurance and fuel in the amount of $80 per pupil to help local districts, they are woefully inadequate in meeting such actual costs incurred by school districts; now
BE IT THEREFORE RESOLVED that the Vernon Parish School Board does hereby request that the State Board of Elementary and Secondary Education incorporate into and seek funding in the 2007-2008 Minimum Foundation Program to increase the at-risk cost to the national average of 1.4% over a period of four years; and
BE IT FURTHER RESOLVED that the Vernon Parish School Board does hereby request that the State Board of Elementary and Secondary Education incorporate into and seeking funding in the 2007-2008 Minimum Foundation Program to increase the per pupil expenditure intended to cover the cost of insurance, retirement, and fuel costs from $80 to $150 per pupil over a two year period; and
BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Kathleen Blanco, members of the State Board of Elementary and Secondary Education, and the State Superintendent of Public Education.
On motion of Mike Perkins, seconded by Mark Smith, the Board voted not to sell the 7.12 acres in Caldwell Parish if it is available to the public and is not being used for private organizations.
In other business, Superintendent Gillespie discussed a letter from the Louisiana School Bus Operators Association requesting support for a bill for all school bus operators to get help with their fuel costs. This bill would be brought up in special session if called by Governor Blanco. On motion of James Armes, seconded by Mel Harris, the Board voted to support this bill if a special session is called and the bill is presented.
Superintendent Gillespie discussed the recent school violence in other states and stated that every school has a Crisis Management Plan and that school staff have been reminded to review these plans. We will be getting further guidance from our local law enforcement agencies.
Superintendent Gillespie stated that the Board members had been invited to lunch at Evans High School on November 2, 2006. Visitation for other schools will be scheduled at a later date.
On motion of Gene Haymon, seconded by the Board, the Board adopted the following memorial resolution:
R E S O L U T I O N
WHEREAS, the members of the Vernon Parish School Board wish to express their sympathy to the family of Hattie Pope who recently passed away; and
WHEREAS, Mrs. Pope was the mother of Joe Pope, retired Curriculum Director of the Vernon Parish School Board; and
WHEREAS, Mrs. Pope was a longtime resident of Simpson and will be sadly missed her family and friends; now
BE IT THEREFORE RESOLVED that the Vernon Parish School Board requests a copy of this memorial resolution be sent to her family at this time of sorrow.
MEMORIAL RESOLUTION FOR CHARLES LEWIS’ MOTHER
There being no further business, on motion of Gaye McKee, seconded by the Board, the meeting was adjourned.
______________________________
ROBERT PYNES JR., PRESIDENT
Attest:
______________________________
DR. CYNTHIA A. GILLESPIE
SUPERINTENDENT