The West Oso ISD does not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, 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 relating to discrimination on any of the bases listed above should contact Dr. Mary Jane Garza, Assistant Superintendent at (361) 855-3321.

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. Service retirees who retire before May 31 may return to work in a Texas public school without a reduction in benefits one full calendar month after the retirement date provided they meet certain strict conditions. 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. Acute teaching shortage areas are determined by the board based on Commissioner of Education guidelines. 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 Dr. Mary Jane Garza, Assistant Superintendent by calling 361-855-3321, for additional information or contact TRS by calling 800-223-8778 or 512-397-6400. TRS information is also available on the Web (www.trs.state.tx.us).

Contract and Non-contract Employment Policies DC, DCA, DCB, DCD, DCE(Local)

State law requires the district to employ all full-time professional employees in positions requiring a certificate from 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 nonrenewal or termination under Chapter 21 of the Texas Education Code. The paragraphs that follow provide a general description of the employment arrangements used by the district.

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 if they have not been previously employed by the district. 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 and continuing contracts. Full-time professionals employed in positions requiring certification and nurses will be employed by term or continuing contracts after they have successfully completed the probationary period. Teachers employed before 1986 employed by continuing contract. Teachers employed after that date are employed by term contracts. Campus principals and central office administrators are employed under 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. The Board may employ by a written contract non-certified administrators and other non-certified professional. These contracts are not governed by Chapter 21 of the Education.

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.

Searches and 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 worksites or used in district business.

Employees required to have a commercial driver’s license. 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.

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 Dr. Mary Jane Garza, Assistant Superintendent.

First Aid and CPR Certification Policy DBA

Head coaches or chief sponsors of an extracurricular athletic activity (including cheerleading) that is sponsored or sanctioned by the district or 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. Campus reassignments must be approved by the principal at the receiving campus. 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 by the last day of March. 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 Assistant Superintendent’s Office.

Workload and Work Schedules Policy DL

Professional employees. Professional and administrative employees are exempt from overtime pay and are employed on a 10-, 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 without prior approval from their supervisor.

Notification of Parents Regarding Certification Status Policy DBA, DK

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 includes 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.

Employees who have questions about their certification status can call Dr. Mary Jane Garza, Assistant Superintendent at 361-855-3321.

Performance Evaluation Policy DN, DNA, DNB

Evaluation of an employee’s job performance should 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, West Oso 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 or from the Assistant Superintendent Dr. Mary Jane Garza.

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 noninstructional personnel is designed to meet specific licensing requirements (e.g., bus drivers) and continued employee skill development.

Note: Individuals holding renewable SBEC certificates are responsible for obtaining the required training hours and maintaining appropriate documentation.

Compensation and Benefits

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 nonexempt according to federal law. Professional and administrative employees are generally classified as exempt and are paid bimonthly 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. (See Overtime, reference)

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 before the start of each school year. Classroom teachers, full-time 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 their immediate supervisor or Liz Cano, Payroll Clerk at 361-855-3321, for more information about the district’s pay schedules or their own pay.

Paychecks

All professional employees are paid bimonthly. Auxiliary employees are paid every two weeks. 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 distributed after 1 p.m. from the WO ISD Administration Office or will be mailed if employee provides a self-addressed stamped envelope. Employees are encouraged to participate in the direct deposit option.

An employee’s payroll statement contains detailed information including deductions, withholding information, and the amount of leave accumulated. (See Appendix for the Illustrated Employee Payroll Guide and Pay Dates)

Automatic Payroll Deposit

The district offers employees automatic payroll deposit. Employees can have their paychecks electronically deposited into an account of their choice. A notification period of two weeks is necessary to activate this service. With automatic deposit, an employee’s pay is immediately available on the pay date. Contact Liz Cano, Payroll Clerk, for more information about the automatic payroll deposit service.

403 (b) Universal Availability Notification (See Appendix for 403 (b) Form)

Anyone able to contribute $200 or more annually and employed by West Oso Independent School District are eligible to participate in a 403 (b) except for the following exclusions: 1. employees who work less than 20 hours per week; 2. certain students; 3. Participants in another 403 (b), 401 (k), or 457 plan. Contact Liz Cano, Payroll Clerk, for a list of current district providers.

Payroll Deductions Policy CFEA

Automatic payroll deductions for the Texas Teacher Retirement System (TRS) and federal income tax are required for all full-time employees. Medicare tax deductions 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 to include deductions for the employee’s share of premiums for health, dental, life, and vision insurance; annuities; the Texas Tomorrow Constitutional Trust Fund; higher education savings plans; and savings deposits and loan payments through the WOISD Business Office. Employees also may request payroll deduction for payment of membership dues to professional organizations and authorized non-profit 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. Non-exempt 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. Sunday and ends at midnight Saturday.

Employees may be compensated for overtime at time-and-a-half rate with compensatory time off (comp time) or direct pay. The following applies to all non-exempt 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 sheets 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 and Assistant Superintendent 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 authorized expenses. All travel forms must be submitted at least two weeks before the scheduled travel.

Health, Dental, and Life Insurance Policy CRD, CFEA

Group health insurance coverage is available to all qualified employees through TRS-ActiveCare. The district’s contribution to employee insurance premiums is determined annually by the board of trustees. Detailed descriptions of insurance coverage, prices, and eligibility requirements are provided to all employees at the beginning of the school year.

The insurance plan year is from September 1, 2002 through August 31, 2003. New employees must complete enrollment forms within the first week of employment. Current employees can make changes in their insurance coverage during Open Enrollment. Employees should contact Liz Cano, Payroll Clerk for more information.

Supplemental Insurance Benefits Policy CRD, CFEA

At their own expense, employees may enroll in supplemental insurance programs for dental, vision, supplemental life, catastrophic illness and disability. Premiums for these programs can be paid by payroll deduction. Employees should contact Liz Cano, Payroll Clerk for more information.

Cafeteria Plan Benefits (Section 125) Policy CFEA

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. Benefits help pay for medical treatment and make up for part of the income lost while recovering. Specific benefits are prescribed by law depending on the circumstances of each case. All work-related accidents or injuries should be reported immediately to your supervisor. 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.

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 Liz Cano, Payroll Clerk for more information.

Teacher Retirement Policy CFEA

All personnel employed on a regular basis for at least one-half of the normal work schedule are members of the Texas Teacher Retirement System (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 supervisor as soon as possible. Information on the application procedures for TRS benefits are available from Liz Cano, Payroll Clerk. 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 512-397-6400. TRS information is also available on the Web (www.trs.state.tx.uswww). (See Employment after Retirement for information on restrictions of employment of retirees in Texas public schools.)

Leaves And Absences

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 their supervisor 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 (3) 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.

State personal and local sick leave is earned on a 1:37 day ratio. Leave is available for the employee’s use as needed. 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.

Personal Leave Policy DEC

State law entitles all employees to five days of paid personal leave per year. Personal leave is earned at a rate of one-half workday for every 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, or a death in the family 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 five (5) 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 three (3) day increments except when coordinated with family and medical leave taken on an intermittent or reduced-schedule basis or when coordinated with workers’ compensation benefits.

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.

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

Local Leave Policy DEC (Local)

Except for substitutes, all employees shall earn an additional five workdays of local sick leave per school year, at the same rate as state personal leave.

Local sick leave shall accumulate to a maximum of 45 workdays and shall be taken with no loss of pay.

Local sick leave shall be used under the terms and conditions applicable to state sick leave accumulated prior to the 1995-96 school year. [See DEC(LEGAL)] Employees shall be charged leave as used even if a substitute is not employed.

In addition, all employees shall earn one workday of local personal leave per school year, except for substitutes.

Local personal leave shall be noncumulative and shall be taken with no loss of pay.

Local personal leave shall be used according to the terms and conditions of state personal leave. [See TYPES OF STATE PERSONAL LEAVE, above]

Use and Recording

Available leave shall be used in the following order, as applicable:

1. Local leave.

2. State sick leave accumulated prior to the 1995-96 school year.

3. State personal leave.

Leave used shall be recorded in increments of half days and whole days.

Any leave taken for which leave balances are insufficient shall result in a deduction from the employee’s paycheck commensurate with the amount of leave taken. Leave taken for bereavement purposes shall be deducted from an employee’s accrued leave balance.

Temporary Disability Policy DEC

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 180 days. 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, their supervisor and superintendent should be notified at least 30 days 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. If a position is not available before the end of the school year, professional employees will be reinstated at the beginning of the following school year.

Family and Medical Leave Act (FMLA)

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 proceeding the need for leave are eligible for family and medical leave. Eligible employees can take up to 12 weeks of unpaid leave each year between July 1, 2002 and June 30, 2003 for the following reasons:

· 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.

In some circumstances, employees may take family and medical leave in blocks of time or by reducing their normal weekly or daily work schedule. Intermittent leave may be taken under the following circumstances:

· An employee is needed to care for a seriously ill spouse, child, or parent

· An employee requires medical treatment for a serious illness

· An employee is seriously ill and unable to work

· An employee becomes a parent or has a foster child placed in his or her home

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. When the need for leave is not foreseeable, employees must contact their immediate supervisor and Superintendent 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 their supervisor and Superintendent for details on eligibility, requirements, and limitations.

Workers’ Compensation Benefits Policy CRE

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 his or her personal sick leave. While an employee is receiving workers’ compensation wage benefits, the district will charge available leave proportionately so that the employee receives an amount equal to the employee’s regular salary.

Assault Leave

Assault leave provides extended job income and benefits protection to an employee who is injured as the result of a physical assault suffered during the performance of his or her job. 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 nonresponsible for purposes of criminal liability.

An employee who is physically assaulted at work may take all the leave time medically necessary (up to two years) to recover from the physical injuries he or she sustained. At the request of an employee, the district will immediately assign the employee to 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 and shall be allowed to retain any compensation they receive.

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. 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.

Reemployment after state military leave. Employees who leave the district to enter into active duty with the Texas National Guard or Texas State Guard may return to employment if they are honorably discharged or released within five years. Employees who wish to return to the district will be reemployed in the same position they previously held or reassigned to a position of similar seniority, status, and pay, provided they are still qualified to perform the required duties of the position. Application for reemployment and evidence of honorable discharge or release must be submitted to personnel office within 90 days of discharge or separation.

Reemployment after federal military leave. Employees who leave the district to enter into the United States uniformed services 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 Personnel Office.

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 18 months. Employees should contact Dr. Mary Jane Garza, Assistant Superintendent for details on eligibility, requirements, and limitations.

District Communications

Throughout the school year, the district and campus offices publish 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 and Grievances Policy DGBA

In an effort to hear and resolve employee 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 reprinted as follows:

West Oso ISD-178915
PERSONNEL-MANAGEMENT RELATIONS:
EMPLOYEE COMPLAINTS/GRIEVANCES

DGBA(LOCAL)

This policy provides employees an orderly process for the prompt and equitable resolution of grievances when a concern has not been resolved. The Board intends that, whenever feasible, grievances be resolved at the lowest possible administrative level. This policy shall not be construed to create new or additional rights beyond those granted by Board policy or law.

DEFINITIONS

For purposes of this policy, "days" shall mean calendar days.

The terms "complaint" and "grievance" shall have the same meaning. A grievance under this policy may include, but shall not be limited to, any of the following:

1. Grievances concerning an employee's wages, hours, or conditions of work.

2. Specific allegations of unlawful discrimination in employment on the basis of sex (including allegations of sexual harassment), race, religion, national origin, age, or disability.

3. Specific allegations of unlawful discrimination or retaliation on the basis of the employee's exercise of constitutional rights.

4. "Whistleblower" complaints.

OTHER REVIEW PROCESSES

Procedures and information regarding sexual harassment by other employees are found at DHC and information regarding federal nondiscrimination is found at DAA.

An employee's dismissal or nonrenewal may be the subject of a grievance under this policy only if the District does not otherwise provide for a review of the matter.

The following are governed by other review processes and are not subject to this policy:

1. Grievances regarding suspension of a contractual employee without pay: DF series

2. Grievances regarding termination of an employment contract governed by Chapter 21 of the Education Code: DF series

3. Grievances against a District peace officer: CKE

4. Grievances regarding instructional materials: EFA

NOTICE TO EMPLOYEES

The principal of each campus and other supervisory personnel shall ensure that employees under their supervision are informed of this policy.

FREEDOM FROM RETALIATION

Neither the Board nor the administration shall unlawfully retaliate against any employee for bringing a grievance under this policy. [See DG]

`WHISTLEBLOWER' COMPLAINTS

Employees who allege adverse employment action in retaliation for reporting a violation of law to an appropriate authority shall initiate a grievance under this policy within 15 days after the date the alleged adverse employment action occurred or the employee first knew of

the alleged adverse employment action. The complaint shall first be filed in accordance with LEVEL TWO, below. Time lines for the employee and the District set out in this policy may be shortened to allow the Board to make a final decision within 60 days of the initiation of the complaint.

GENERAL PROVISIONS

A grievance must specify the individual harm alleged. An employee is prohibited from bringing separate or serial grievances regarding the same event or action. All time limits shall be strictly complied with unless modified by mutual consent. Costs of any grievance shall be paid by the party incurring them.

CONSOLIDATION

When the Superintendent determines that two or more individual grievances are sufficiently similar in nature and remedy to permit their resolution through one proceeding, he or she may consolidate the grievances.

DECISIONS

Announcing a decision in the employee's presence constitutes communication of the decision.

INITIATING GRIEVANCE

Unless otherwise specified in policy, an employee shall initiate a grievance as provided at LEVEL ONE, below.

LEVEL ONE

An employee who has a grievance shall request a conference with the principal or immediate supervisor by submitting the grievance in writing on a form provided by the District. The form must be filed within 15 days of the time the employee first knew or should have known of the event or series of events about which the employee is complaining.

The principal or supervisor shall hold the conference within seven days after receipt of the written request. The principal or supervisor shall have seven days following the conference within which to respond.

LEVEL TWO

If the outcome of the conference at Level One is not to the employee's satisfaction or if the time for a response has expired, the employee may request a conference with the Superintendent or designee to discuss the grievance. The request shall be in writing on a form provided by the District and must be filed within seven days following receipt of a response or, if no response is received, within seven days of the response deadline.

The Superintendent or designee shall hold the conference within seven days after receiving the written request. The Superintendent or designee shall have seven days following the conference within which to respond.

LEVEL THREE

If the outcome of the conference at Level Two is not to the employee's satisfaction or if the time for a response has expired, the employee may submit to the Superintendent or designee a request to place the matter on the agenda of a future Board meeting. The request shall be in writing on a form provided by the District and must be filed within seven days following receipt of a response or, if no response is received, within seven days of the response deadline.

The Superintendent or designee shall inform the employee of the date, time, and place of the meeting.

The Superintendent or designee shall provide the Board with copies of the employee's original grievance, all responses, and any written documentation previously submitted by the employee and the administration. The Board is not required to consider documentation not previously submitted or issues not previously presented.

The presiding officer may set reasonable time limits. The Board shall hear the grievance and may request a response from the administration. The District shall make an audiotape record of the Level Three proceeding before the Board.

The Board shall then make and communicate its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting.

CLOSED MEETING

If the grievance involves the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the employee bringing the grievance, it may be heard by the Board in closed meeting unless the employee bringing the grievance requests that it be heard in public.

EXCEPTION

However, if the grievance involves a complaint or charge against another District employee or a Board member, it shall be heard in closed meeting unless an open meeting is requested in writing by the employee or Board member against whom the complaint or charge is brought.

Employee Conduct and Welfare

Standards of Conduct Policy DH

All employees 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.

All employees, as public servants, must follow the Code of Ethics and Standard Practices for Texas Educators, which is reprinted below:

Code of Ethics and Standard Practices for Texas Educators

Professional Responsibility. The Texas educator should strive to create an atmosphere that will nurture to fulfillment the potential of each student. The educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. In conscientiously conducting his or her affairs, the educator shall exemplify the highest standards of professional commitment.

Principle I: Professional Ethical Conduct. The Texas educator shall maintain the dignity of the profession by respecting and obeying the law, demonstrating personal integrity, and exemplifying honesty.

Standard 1. The educator shall not intentionally misrepresent official policies of the school district or educational institution and shall clearly distinguish those views from personal attitudes and opinions.

Standard 2. The educator shall honestly account for all funds committed to his or her charge and shall conduct financial business with integrity.

Standard 3. The educator shall not use institutional or professional privileges for personal or partisan advantage.

Standard 4. The educator shall accept no gratuities, gifts, or favors that impair professional judgment.

Standard 5. The educator shall not falsify records, or direct or coerce others to do so.

Standard 6. The educator shall not offer any favor, service, or thing of value

to obtain special advantage

Principle II: Professional Practices and Performance. The Texas educator,

after qualifying in a manner established by law or regulation, shall assume

responsibilities for professional administrative or teaching practices and professional

performance and shall demonstrate competence.

Standard 1. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications and shall adhere to the terms of a contract or appointment.

Standard 2. The educator shall not deliberately or recklessly impair his or her mental or physical health or ignore social prudence, thereby affecting his or her ability to perform the duties of his or her professional assignment.

Standard 3. The educator shall organize instruction that seeks to accomplish objectives related to learning.

Standard 4. The educator shall continue professional growth.

Standard 5. The educator shall comply with written local school board policies, state regulations, and applicable state and other federal laws.

Principle III: Ethical Conduct toward Professional Colleagues. The Texas educator, in exemplifying ethical relations with colleagues, shall accord just and equitable treatment to all members of the profession.

Standard 1. The educator shall not reveal confidential information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.

Standard 2. The educator shall not willfully make false statements about a colleague or the school system.

Standard 3. The educator shall adhere to written local school board policies and state and federal laws regarding dismissal, evaluation, and employment processes.

Standard 4. The educator shall not interfere with a colleague's exercise of

political and citizenship rights and responsibilities.

Standard 5. The educator shall not discriminate against, coerce, or harass a

colleague on the basis of race, color, religion, national origin, age, sex,

disability, or family status.

Standard 6. The educator shall not intentionally deny or impede a