PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA – MEETING OF AUGUST 21, 2014

ITEM 1:  The Chair called the meeting to order and read the following call:

HONORABLE MEMBERS OF THE SCHOOL BOARD

Parish of St. John the Baptist

Dear Board Member:

Upon call of the President, the St. John the Baptist Parish School Board will meet

in special session at at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, on Thursday, August 21, 2014, at 6:00 p.m.

An agenda for the meeting is attached.

Sincerely, s/Kevin R. George

Superintendent/Secretary

The Chair called for the invocation, followed by the Pledge of Allegiance. 

President Triche opened the meeting with a prayer. Mr. Jones asked everyone to keep the family of Michael Brown in their thoughts and prayers.

ITEM 2.  ROLL CALL OF MEMBERS:

PRESENT: Messrs. Burl, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Trice.

ABSENT:  Jack

There were 10 members present, 1 absent.

ITEM 3.  Approval of Minutes – Meeting of August 7, 2014.

MOTION BY:    Mr. Jones

SECOND BY:   Mr. Bacas

MOTION:          To approve the minutes of the meeting of August 7, 2014.

No objections.

The motion carried.

10 Yeas - Burl, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche.

1 Absent – Jack,

Mr. Jack arrived at 6:06 p.m. and was recorded as present.

ITEM 4. SUPERINTENDENT’S REPORT. Mr. Kevin R. George, Superintendent.

a. Mr. Keith Jones – Recognition of St. John Warriors

Mr. George gave the floor to Board Vice President Keith Jones.  Mr. Jones presented the St. John Warriors Team and Coaches with a plaque in recognition of their Championship Win in the Dizzy Dean 13-yr-old World Series, held in Southhaven, MS.  Mr. Jones stated that the boys represented St. John Parish extremely well and the entire board was proud of them.

b. Mr. Kevin George – Introduction of New Administrators

Mr. George introduced the following new administrators in St. John Schools:

Lakesha Beauchamp – Asst. Principal @ Emily C. Watkins

Jason Beber – Principal @ Lake Pontchartrain Elementary

Shanna Beber – Curriculum Facilitator @ Central Office

Stacy Bradford – Principal @ East St. John Elementary

Monica Brown – Asst. Principal @ John L. Ory

Drenean Brown – Asst. Principal @ LaPlace Elementary

Margaret Cage – Supervisor of School Improvement @ Central Office

Jenna Chiasson – Curriculum Facilitator @ Central Office

Page Eschette – Director of Human Resources @ Central Office

Tanya Faucheux – Instructional Technology Facilitator @ Central Office

Juanita Hill – Coordinator of Student Information Services @ Central Office

Holly Manson – Coordinator of Federal/State Programs @ Central Office

Christal Sylvain – Principal @ John L. Ory

Chantell Walker – Principal @ West St. John Elementary

Stephen Zafirau – Curriculum Facilitator @ Central Office

Mr. George then gave the floor to Ms. Heidi Trosclair for an Educational Update.  She presented the following information to the Board and public.

ITEM 5.  EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF

a.Recognition of Retirees – Mr. George, along with President Triche and Personnel Director Page Eschette, presented the following retirees with tokens of appreciation for their years of service.  Those with 25 or more years received a Kindle Paper White Reader.  The retirees are:

The chair called for a recess at 6:40 p.m.

MOTION BY:    Dr. Keller

SECOND BY:  Rev. Nicholas

MOTION:  To reconvene in Regular Session.

No objections.

The motion carried.

10 Yeas - Messrs. Jack, Burl, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche

0 Nays

0 Absent

The Board reconvened in Regular Session at 6:48 p.m. with Vice President Keith Jones assuming the chair.

Mr. George stated that he had one more matter under his Superitnendent Report that he would like to present and gave the floor to Ms. Cindy Janecke with All South.

Ms. Janecke stated that she had received good news this morning.  FEMA had obligated an addition $14 million for the mitigation project.  She stated that if the mitigation project was awarded tonight, people would start seeing work going on at the high school very soon.  The demolition of LPE should also begin soon and the board should see a schematic design of the new school in a month or so.  Mr. Burl stated that he would like to see a Construction Committee formed in the very near future to help with disseminating information to the public on the new design.

ITEM 6.  PERSONNEL MATTERS – None.

ITEM 7.  BUSINESS AND FINANCE

ITEM 7a.  Mr. Peter Montz – Request Board approval on the apparent low bid for East St. John High School Hazard Mitigation Flood Project.

Ms. Cindy Janecke stated that the apparent low bidder for this project was Hard Rock Construction LLC with a bid of $6,529,610.

MOTION BY:    Mr. Triche

SECOND BY:  Mr. Bacas

MOTION:  To approve Hard Rock Construction LLC with a bid of $6,529,610.

No objections.

The motion carried.

11 Yeas - Messrs. Jack, Burl, Sanders, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche

0 Nays

0 Absent

ITEM 8.  OLD BUSINESS

None

ITEM 9.  NEW BUSINESS

ITEM 9a.  Ms. Page Eschette – Introduction of Policies:  BCB:  Rules of Procedure; EBBD: Emergency Closing of Schools; GAJ:  Gifts; GBA:  Contracts and Compensation; GBI:  Evaluation of Personnel; GBJ: Promotion; GBK: Employee Discipline; GBL: Tenure; GBN: Dismissal of Employees; GBRIB: Sick Leave; KG: Use of Facilities

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FILE:  BCB:  RULES OF PROCEDURE

The St. John the Baptist Parish School Board has adopted the following Rules of Procedure in order to facilitate the conduction of Board business:

1.          TIME, PLACE AND AGENDA OF REGULAR SCHOOL BOARD MEETINGS

A.          The St. John the Baptist Parish School Board shall hold regular meetings of the Board at 6:00 P.M. on the first and third Thursday of the month, to consider those items contained on the agenda prepared for that meeting, and each meeting shall be conducted in accordance with these Rules of Procedure. 

B.          Except as otherwise provided in these Rules of Procedure, all meetings of the School Board shall be held at its domicile and offices at 104 West 10th Street, Reserve, Louisiana.  Once every six (6) months, however, regular meetings shall be held at a West Bank school site.  (Last meeting in January and last meeting in July.)  Upon Board approval a change to the venue of any regular scheduled meeting can be made.

C.          A regular meeting of the Board may be cancelled, or time and place thereof changed, by a motion or duly adopted at a regular or special meeting of the Board. Notice of such change and notice of the agenda for any regular Board meeting shall be given by:

1)          Posting a copy of the notice, and agenda, on the front door of the School Board office; or by publication of same in the official journal of the School Board no less than twenty-four (24) hours before the meeting; and,

2)          Electronically mailing a copy of the notice, and agenda, to any member of the news media who requests notice of such meetings; any such member of the news media shall be given notice of all meetings in the same manner as is given to members of the School Board.

3)          Providing notice and a copy of the agenda on the Board’s official website no less than twenty-four (24) hours immediately preceding the meeting.

D.          At any regular meeting of the Board, no business may be transacted which does not come within the purpose or purposes set forth in the agenda for the meeting, except upon unanimous approval of the members of the Board present at that meeting.  The motion to add an item not on the agenda shall identify the item with reasonable specificity, including the purpose for the proposed addition to the agenda, and shall be entered into the minutes.  In keeping with state law and Board policy, prior to any vote to add an item to the agenda, there shall be an opportunity for public comment on the motion.

2.          SPECIAL MEETINGS OF THE BOARD

A.          Special meetings of the Board may be called only by the President or by a majority of the entire Board except that, when the President is out of the parish, ill, or otherwise unavailable, the Vice President of the board may call a special meeting of the Board.

B.          No special meeting may be called except upon written notice to the members of the School Board, Superintendent, and public or by a motion adopted at an official School Board meeting. Such written notice must be signed by the President, Vice President, or a majority of the members of the entire School Board, as the case may be.  Such written notice must be electronically mailed at least twenty-four (24) hours prior to the time of such special meeting.  In the event that electronic mail is not available, other options of delivery include: United States mail (postage prepaid) or hand delivery; additionally, the Superintendent shall attempt to contact all School Board Members by telephone.  Such written notice shall also be posted on the front door of the School Board office and forwarded to any member of the news media who has requested to be sent copies of such notice.

C.          The written notice required herein, or the motion adopted at an official Board meeting, shall state the date, time and place of such special meeting and shall specify the matters to be considered at such meeting.  No matter or item not stated in the agenda for the special meeting shall be considered by the Board at such meeting except upon unanimous approval of the members of the Board present at that meeting.   The motion to add an item not on the agenda shall identify the item with reasonable specificity, including the purpose for the proposed addition to the agenda, and shall be entered into the minutes.  In keeping with state law and Board policy, prior to any vote to add an item to the agenda, there shall be an opportunity for public comment on the motion.

D.          In cases of extraordinary emergency, the time and notice requirements of this Section shall not be required; provided, however, that the person or persons calling such special meeting shall give such notice thereof as they deem appropriate and circumstances permit, including notice to the news media in the same manner as notice is given to Board members, and provided further that the existence of an extraordinary emergency and waiver of the time and notice requirements must be approved by a favorable vote of a majority of the total Board at such special meeting.

E.          Finance and Curriculum Meeting - The Board shall hold a special Finance and Curriculum meeting on either the Tuesday or Wednesday, at least one week prior to the last meeting of the month.  At these meetings, no official action of the Board shall take place.  The purpose of these meetings shall be:

1)          To receive reports and recommendations from the Superintendent for possible Board action.

2)          To allow the Assistant Superintendents and members of their staff to give reports and make recommendations for possible Board action.

3)          To allow citizens of the community to present to the Board ideas or potential programs that may be of interest to the school community.

F.          STUDENT HEARINGS - All review hearings on student expulsions and early readmittances shall be held on the second Thursday of the month at 6:00 p.m. at the School Board meeting room.

G.         TENURE HEARINGS - All tenure and other hearings shall be held on the second Thursday of the month at 6:00 p.m. at the School Board meeting room.

H.          BOARD RETREATS – Board retreats shall be held each year on the second weekend in January and the second weekend of June.

3.          QUORUM AND VOTE NECESSARY FOR AFFIRMATIVE

A.          No meeting of the School Board may be officially convened and conducted unless a quorum (simple majority of the total membership of the Board) is present.

B.          Except as provided in Sections II(C), V(A), (G) and (H), VI(A), (C) (D), VIII, IX(B), X(E), and XII hereof, any motion, resolution or other action of the Board shall be deemed valid only upon a favorable vote of a majority of the members of the total Board taken at a properly called regular or special meeting of the Board which is open to the public in accordance with Sections 11-28 of Title 42 of the Louisiana Revised Statutes, as such statute may be now or hereafter amended.

C.          Should a quorum cease to be present after a meeting has been officially convened, the presiding officer shall recess the meeting for such time as is deemed appropriate to attempt to re-establish a quorum and may thereafter declare the meeting adjourned if such presiding officer determines that quorum cannot be obtained within a reasonable time.

4.          VOTING PROCEDURE AND REQUIREMENTS

A.          Voting shall be by the use of an electronic voting board which will reflect simultaneously a "yes," "no," or "abstain" vote for each and all members present.  When the voting board does not correctly reflect the voting intent of a member of the Board, that member may correct his/her vote by immediately advising the presiding officer of such error prior to announcement of the vote by the presiding officer.

B.          When the voting board is not available, the vote may be taken by a show of hands or by roll call of the members present at the discretion of the presiding officer.  Each Board Member must be present in his/her seat in the Board meeting room in order to have his/her vote counted on the voting board or otherwise; and no School Board Member or other person may cast a vote, in any manner, for another member of the Board.

C.          There shall be no voting by proxy and no voting by secret ballot.

D.          In determining whether a particular motion, resolution or action of the Board has received the requisite number of "yea" votes, an "abstention" shall not be counted and that member shall be considered as not voting.  This rule shall apply regardless of whether the required number of favorable votes must be of the total membership of the Board, of those members present, or, of those members present and voting.

5.          SCHOOL BOARD MEETING AGENDA

A.          The Superintendent with the approval of the President, shall prepare a written agenda for each regular School Board meeting which shall list the specific items of business for which Board action is required and, except for "Administrative Matters" as described in Section VIII hereof, no matter may be considered by the Board which has not been listed on such agenda except after a motion to suspend these rules to consider a specific item has been adopted by unanimous approval of the members of the Board present at that meeting.  The person requesting suspension of the rules must include in such motion the specific matter or item to be considered and the action being requested of the Board for such motion to suspend the rules to be properly before the Board for vote. In keeping with state law and Board policy, prior to any vote to add an item to the agenda, there shall be an opportunity for public comment on the motion.

B.          No business, item or matter may be placed upon the agenda for any School Board meeting except at the discretion of a member of the Board or the Superintendent, and no business matter or item not listed on such agenda may be considered by the Board or discussed at the meeting without a suspension of the rules as provided hereinabove.

C.          The agenda for any particular meeting of the Board shall be considered as closed as of 2:00 p.m. on the Thursday immediately preceding such Board meeting and the Superintendent is hereby specifically prohibited from placing any item, with the exception of items under "Administrative Matters," on the agenda after that time regardless of who makes the request. The agenda shall not be changed less than twenty-four (24) hours prior to the meeting.

D.          Upon the agenda being closed, the Superintendent shall immediately prepare the written agenda and forward the same by electronic mail to each member of the School Board, the Superintendent, the School Board's General Counsel, and all newspapers and television and radio stations who have submitted a written request for such notification and agenda.  The Superintendent shall, at the same time, post a copy of the agenda on the front door of the School Board office building, and on the School Board’s official website, and have copies available for interested citizens.  In the event that electronic mail is not available, other options of delivery to School Board members include:  United States mail (postage prepaid) or hand delivery.

E.          Each item on the agenda shall be listed separately and described with reasonable specificity.  Before the School Board may take any action on the agenda item, the presiding officer shall read aloud the description of the item.

F.          Any citizen or organization may request consideration by the Board of an item concerning matters within the jurisdiction of the Board at a particular Board meeting by submitting such request in writing to the Superintendent, together with a brief explanation of the subject matter and the action requested of the Board, by 2:00 p.m. on the Thursday immediately preceding the week in which consideration is requested.  Within twenty-four (24) hours after the written request is received, the Superintendent shall notify the citizen or organization making such request as to whether or not the Superintendent has placed such item on the agenda.

G.         The written agenda prepared by the Superintendent shall list the business of the board for a particular meeting in the following order:

                           AGENDA FOR REGULAR MEETING OF _____________.

1).         Call to order, invocation and pledge of allegiance.

2)          Student presentation on individual school.

3)          Roll call for determination of a quorum present.

4)          Approval of minutes.

5)          Educational presentations and recognitions by the Board or staff.

6)          Superintendent's Report.

7)          Personnel Changes. 

8)          Unfinished Business.  Under unfinished business will be listed items from previous agendas which were not completed and/or which were specifically deferred to this particular meeting.  These items shall be listed exactly as they appear on the previous agenda.

9)          New Business.  Recommendations of the Superintendent and/or Board Committees.  Under the Item "New Business" shall appear those items requested for the agenda by the Superintendent, a member of the Board, or a Board Committee prior to the closing of the agenda.  The Superintendent's recommendations and reports and recommendations of the Board Committees shall be listed first, followed by other items that are requested.  All agenda items dealing with the following cannot be voted on at the meeting they are introduced:  1) curriculum changes; 2) budget adoptions or revisions - all; 3) student attendance zones; 4) Board member district lines or changes; 5) teacher allotments; 6) bond issues; 7) tax proposals; and 8) major policy changes in Board policy -- example, the way the Board operates.  They will be submitted for a vote at the subsequent meeting.  All material covering these items will be distributed at or before the meeting they are introduced.  Any change in policy must be done by the motion to waive policy and by a two-thirds (2/3) vote of the Board.  All agenda items requiring action by the Board must be stipulated following each item - example, (Requires action by the Board).

10)        Administrative Matters.  Matters under this item are limited to those presented by the Superintendent under the authority of and in accordance with Section VIII of these Rules of Procedure.

11)        Board Related Items of Interest

12)        Adjournment.  Meetings of the School Board may be adjourned on motion of the presiding officer or any member of the Board and will carry unless objections are raised.  In the event objection to the adjournment is raised, a vote shall be taken on the motion to adjourn, without need of a second to the motion, and the meeting shall be adjourned on the vote of majority of the members present and voting.

No matter, item, business or subject which is not specifically listed on the agenda of a particular meeting may be considered or discussed at a Board meeting except after a motion to suspend the rules to consider such matter has been duly made, seconded and carried by upon unanimous approval of the members of the Board present at that meeting.

H.          Subject to the exceptions listed below, no item, matter, subject or business which has been considered and voted on at a previous Board meeting, regardless of the nature of the motion voted upon and regardless of the outcome of the vote, may be considered at a subsequent Board meeting until after the expiration of the sixty (60) days from such vote, unless a motion to suspend the rules to reconsider such item has first been duly made, seconded and carried by the favorable vote of two-thirds of the total membership of the Board.  This prohibition shall not apply where the previous motion was to defer action on the item for a specific period of time or until a specific Board meeting or where the previous motion was to refer the matter to staff personnel or to a committee of the Board for further study.  This prohibition shall also not apply to consideration of items supplemental to an item previously acted upon, but shall apply only where the purpose of the item is to change previous Board action.

6.          CONDUCT OF SCHOOL BOARD MEETING

The purpose of School Board meetings is to allow the duly elected representatives of the people to consider and act upon matters of importance to the operation of the school system which are within the jurisdiction and authority of the School Board.  It is in the best interests of the citizens of this parish that such meetings be conducted in an orderly and expeditious manner which permits full presentation of information and viewpoints by interested citizens, followed by thorough discussion among the School Board, the Superintendent and designated members of the staff, and concluded with debate and final decision by the Board on those items of business listed on the agenda.  To that end, the following rules shall govern the conduct of all meetings of the School Board and its committees and sub-committees.

A.          The President of the Board, or in his/her absence, the Vice President of the Board, shall serve as the presiding officer until a temporary chairman for that meeting has been elected by a majority vote of those Board members present and voting.

B.          After the call to order, invocation, pledge of allegiance, student presentation, roll call, and action on the minutes of any previous meeting, the presiding officer shall call, in the order listed on the agenda, first the items under new business, and shall recognize first the Superintendent or the Board member who caused such item to be placed on the agenda.  The Superintendent or Board member shall then explain the item, and make or recommend, as the case may be, such motion as he/she shall desire.

             After such motion receives a second, the presiding officer shall open the floor for community input not to exceed five (5) minutes for any one individual or group or organization.  The presiding officer shall, with the approval of the Board, set a time limitation on an agenda item.  At the conclusion of public input, the presiding officer shall recognize any members of the Board, the Superintendent and members of the staff designated by the Superintendent, who wish to be heard on that item, in the order the presiding officer deems advisable.  Each Board member shall be allowed ten (10) minutes to express his/her initial views on any agenda item, motion, substitute motion, or amendment related to each agenda item and five (5) minutes for further comment.  No member of the Board or staff shall speak without first being recognized by the presiding officer.

Items of business not on the agenda may not be suggested from the floor for discussion except by unanimous approval of the members present at a meeting.  The motion to add an item not on the agenda shall identify the item with reasonable specificity, including the purpose for the proposed addition to the agenda, and shall be entered into the minutes.  In keeping with state law and Board policy, prior to any vote to add an item to the agenda, there shall be an opportunity for public comment on the motion.

C.          After discussion by the member of the Board and the Superintendent has been completed, the presiding officer shall call for the vote upon the pending motion or any amendments or substitute motions which may have been made.  During Board discussion of any agenda item, any Board member, at any time, may move the question on any pending motion, substitute motion, amending motion, etc. and thus conclude further discussion of same, provided there is an affirmative vote of two-thirds of the members present and voting on the motion for the previous question.

D.          The presiding officer of any meeting shall conduct such meeting in accordance with the Rules of Procedure and shall have authority to make rulings or interpretation of these Rules of Procedure and any other matter or question which may arise with regard to conducting the meeting, including recognition of speakers, whether a speaker is out of order, etc.  The decision of the presiding officer shall be final, unless appealed by a Board member to the entire Board as set forth hereinbelow.

             Any member of the Board who disagrees with a decision by the presiding officer may appeal such decision to the total Board.  Such appeal may be taken by a statement to that effect and no second is required.  The presiding officer shall immediately call for a vote on the question of whether or not the ruling of the presiding officer shall be sustained.  Upon a favorable vote of a majority of those Board members present and voting, including the presiding officer, the rules of the presiding officer shall have been sustained.

E.          In the conduct of meetings of the School Board any question not covered by these Rules of Procedure shall be governed by Robert's Rules of Order, Revised.

7.          ORDER AND DECORUM AT SCHOOL BOARD AND COMMITTEE MEETINGS

It is in the public interest, and the public demands, that meetings of the School Board or its committees, in handling the public's business, be conducted in an orderly and dignified manner.  To this end, the following rules are established for the conduct of all persons, including Board members and staff members, attending a meeting of the School Board or its committees:

A.          No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the School Board office building or any room therein, except by the School Board staff in connection with School Board business and then only with permission of the Superintendent.  No sign, placard, or poster which is carried by hand shall be permitted in the School Board office building or any of its rooms.

B.          All persons attending meetings of the School Board or of its committees must be recognized by the presiding officer before speaking.  In return, the presiding officer and other Board members shall courteously receive the comments made by such persons.

C.          Any person who fails or refuses to obey the rulings and directions of the presiding officer, or otherwise disrupts the meeting in any manner, shall be requested by the presiding officer to leave the meeting room for the remainder of the meeting.  If any person refuses to follow the directions of the presiding officer, the presiding officer shall cause such person to be removed from the meeting as may be authorized by applicable laws of the State of Louisiana.

8.          ADMINISTRATIVE MATTERS

Administrative matters shall be limited to matters of administration which the Superintendent believes should be brought to the attention of the Board and/or matters which have come to his attention after the agenda for that meeting was officially closed and which he believes need immediate action by the Board.  Any items under "Administrative Matters" which require Board action may be considered only after suspension of the rules by a favorable vote of two-thirds of the total membership of the Board.

9.          OPEN MEETINGS AND EXECUTIVE SESSIONS

A.          All meetings of the St. John the Baptist Parish School Board, all committees of the School Board, and/or any other body created or established by the Board shall be open to the public and shall be held in accordance with the provisions of La. Rev. Stat. Ann. §§42:11 - 42:28 of the Louisiana Open Meetings Law, and these Rules of Procedure.

B.          The School Board, its committees and other bodies created or established by it may go into Executive Session by a vote of two-thirds of the members present for the purposes permitted by, and in accordance with, the provisions of La. Rev. Stat. Ann. §§42:11 - 42:28 of the Louisiana Open Meetings Law.  The Board may go into Executive Session at any time and regardless of whether the matter to be discussed in Executive Session is listed on the agenda.  No person, other than a General Counsel, shall be admitted to an Executive Session of the Board without permission of the Board President.

10.        COMMITTEES OF THE BOARD

A.          All committees of the School Board, whether standing committees, and all other bodies created or established by the Board preferably should hold their meetings during the afternoons of the weeks that the School Board is not having a regular meeting.  The time and place of such committee meetings may be changed after due notice and in accordance with these Rules of Procedure.

B.          If a committee goes into executive session in accordance with these Rules of Procedure, no person other than a School Board member, the Superintendent, and the General Counsel shall be admitted to such executive session without permission of the committee chairman.

C.          The St. John the Baptist Parish School Board is accountable to the community and values and promotes open communications with the residents of the school community.  The Board’s work is to facilitate comprehensive discussions of school district matters.

Board of Education Standing Committees

School Board appointments to the Board of Education Standing Committees shall be made by the School Board President at the direction of the Board.

Standing committees shall be guided by the following Rules and Procedures:

1)              All committees of the St. John the Baptist Parish School Board, whether standing committees and all other bodies created by the Board, shall hold their meetings at the domicile and office of the St. John the Baptist Parish School Board at 118 West 10^th Street, Reserve, Louisiana. The time and place of such committee meetings may be changed after due notice.

2)              Committee meetings shall be announced in the same manner as regular or special meetings and should be governed by provisions of the Open Meetings Law.

3)              Within the Louisiana Public Records Act, committees may have access to school personnel and District information. However, all access to personnel and information shall be coordinated with the Superintendent.

4)              Committees shall report to the Board on a regular basis. Each report shall be in written form with a copy for each Board member and the Superintendent. A copy of the minutes of each meeting should be forwarded to the Superintendent’s office for filing.

5)              In order to encourage free and open exchange of thoughts and ideas, committee meetings shall be conducted as informally as possible. Committees are subject to the following: 

a.              The chairperson of each committee shall begin the committee meetings by calling on the person who placed an item on the agenda and asking him/her to explain the item and the action or recommendation sought from the committee.

b.              Following a motion and second to that effect, the members of the committee shall discuss the motion and any substitute or amending motions made in connection with that item.

c.              Following such committee discussion, and immediately prior to any vote on that item, the committee chairperson shall inquire of the audience if there are person(s) who wish to be heard on that agenda item and/or any motions under consideration by the committee.

d.              Chairperson may limit discussion of an item on the basis of time.

e.              Each person appearing before a committee shall be required to first identify themselves and the group or organization that he/she represents, if any.

f.               After all such persons have presented their comments to the committee; the committee chairperson shall ask if there are any committee members who would like to make additional comments.

g.              If amendments or substitute motions are proposed by members of the committee, the chairperson shall again provide opportunity for public input as to such amendments or substitute motions.

h.              At the conclusion of all comments by the audience and committee members, a voice vote of the members present should be made on the motion (s) before the committee.

i.                A simple majority of the membership present at the meeting is needed for a motion to pass or fail.

j.                For those items stipulated as requiring two-thirds majority, the concurrence of members present is required.

k.              Any motion for action must be initiated by a committee member and subsequently seconded by a committee member.

6)              The St. John the Baptist Parish School Board Finance/Auxiliary, Personnel, and Communication/Pupil Services Standing Committees shall be composed of seven (7) members. A quorum is required for committees to take action and is composed of four (4) members.

7)              Standing committees include the following membership:

a.          Two appointed School Board members;

b.              School Board President or School Board designee;

c.              School Superintendent’s designee; and

                           d           Two employees; and

e.              One parent or community member.

8)              School Board Appointments

a.              The term of office for each School Board standing committee is two (2) years. The term begins in January of even numbered years.

b.              School Board member chairs each committee meeting and he/she will be selected by the majority vote of the committee membership.

9)              School Board Agenda Items

a.              An agenda must be established for each meeting of each committee and public notice thereof.  The agenda for each committee meeting shall be closed at noon on the last Friday prior to the week in which the committee is meeting and only School Board members, committee members, the Superintendent or his/her designee may place an item on the agenda for any committee meeting of the proposed agenda item and the action on that item which is being sought.

b.              No item or matter which is not on the official agenda of a committee for a particular meeting of that committee may be discussed or considered at such meeting except after unanimous approval of the membership present and voting to suspend the rules to consider such items.

c.              The Superintendent, or his/her designee assigned to a particular committee, shall be responsible for seeing that any committee recommendation requiring action by the Board is placed on the agenda for the next School Board meeting with a brief explanation of the subject matter of the item.

d.              No item considered by a committee shall be placed on the agenda for a School Board meeting unless the committee is requesting action by the Board on such item or the committee specifically votes to place such item on the Board agenda for Board discussion. However, this provision shall not be construed in such a manner as to limit the right of an individual Board member, or the School Superintendent, to place an item on the Board agenda that he/she so desires.

10)           School Board Standing Committee Elections

a.              To qualify for service on the Finance/Auxiliary, Personnel or Communication/Pupil Services Committees, an employee in the appropriate category (teacher or support personnel) must:

i.            Have three (3) years successful work experience in the St. John the Baptist Parish School Board System

ii.               Be currently employed full-time by the St. John the Baptist Parish School Board

iii.              Sign an official nominating ballot indicating his/her understanding of the responsibilities if elected to represent his/her peers

iv.             Agree to serve on the committee to which he/she will be assigned

11)           Teacher category (regular and special education): classroom teacher, guidance counselor, speech therapist, disciplinarian, curriculum coordinator, pupil appraisal

12)           Support personnel category: maintenance workers, bus drivers, bus aides, secretaries, food service personnel, custodians, warehouse workers, teacher aides

13)           Parents or community members wishing to serve on a committee must:

a.              Be a voting resident of St. John the Baptist Parish

b.              Cannot be an employee of the St. John the Baptist Parish School Board

c.              Sign an official nominating ballot indicating his/her understanding of the responsibilities if elected to represent his/her peers

d.              Agree to serve on the committee to which he/she will be assigned

14)           School administrators are not eligible to serve on any standing committees

15)           Standing Committee Election Process

a.              Each principal and site base administrator must distribute nomination ballots to all parents

b.              Each principal/site administrator must select a building representative to distribute to all employees and collect ballots.

c.              Each employee must sign a written documentation that he/she was issued a nomination ballot for each committee. This document must be returned with the nomination ballots.

d.              Principals and site base administrators are to forward nomination ballots to the St. John the Baptist Parish School Board Personnel Department.

e.              Ballots are to be distributed the first Wednesday of December and must be returned by the third Wednesday of December. No nomination ballots will be accepted after 4:00 p.m.

f.               An official ballot will be compiled and distributed to employees by the second week of January.

g.              Ballots will be color coded and distributed to individuals in each category (teachers-blue; support personnel-yellow; parent-community-white) and returned to the Personnel Department.

16)           School Board Committee Replacements

a.              Attendance at School Board committee meetings is essential

b.              If a committee member misses over fifty percent (50%) of the meetings over a six-month period, or misses three (3) meetings in a row without a valid excuse, that committee member forfeits his/her seat on that standing committee and will be replaced

c.              Replacement will come from the list of candidates who qualified for the election ballot

17)           The respective Board of Education standing committees shall have the following duties and responsibilities:

FINANCE/AUXILLIARY COMMITTEE (7 MEMBERS)

Duties and Responsibilities:

ü  Review and report on accounting and purchasing procedures;

ü  Recommend the annual budget schedule;

ü  Represent the Board during the various budget preparation states;

ü  Represent the Board in public meetings where public matters are discussed;

ü  Monitor the cafeteria and transportation programs;

ü  Develop and recommend a maintenance and replacement schedule for buildings and grounds;

ü  Conduct periodic inspection of school facilities and report to the Board; and

ü  Recommend studies and provide Board liaison to administration on matters pertaining to transportation, security, space, and community use of facilities.

PERSONNEL COMMITTEE (7 MEMBERS)

Duties and Responsibilities:

ü  This committee deals with all matters related to personnel such as:

§     Assisting in the establishment of new positions and aid in the development of job descriptions

§     Assisting in the development of personnel policies

§     Reviewing of policies, procedures, or action affecting personnel

§     Reviewing of implementation of federal and state mandates regarding personnel

§    Reviewing of budgetary (salary) recommendations

COMMUNICATION/PUPIL SERVICES COMMITTEE

Duties and Responsibilities:

ü  Conduct or coordinate curriculum studies undertaken by the Board

ü  Report to the Board on the status of the curriculum and suggest areas in need of study

ü  Periodically study and report on student progress and on standardized test results

ü  Study and recommend textbook usage

ü  Evaluate curriculum in view of school population trends

ü  Recommend budget changes in view of curriculum developments

ü  Assume responsibilities for extra-curricular and co-curricular activities

ü  Encourage the formation and growth of community groups concerned with the District and provide the Board liaison with these groups

ü  Advise on behalf of the Board the public relations policy adopted by the Board

ü  Advise Board liaison on matters pertaining to public relations

ü  Advise and recommend Board action on public relations program of the administration including the continuing education program

STRATEGIC PLANNING COMMITTEE

Duties and Responsibilities:

ü  Develop a consensus-based vision of what the school district can be

ü  Create working environment that equips and sustains progress toward the vision

ü  Articulate common values to guide decision-making and problem solving

ü  Demonstrate leadership that supports shared responsibility, decision-making, and problem solving

ü  Establish motivational conditions that ensure growth in community, system, school and interpersonal capacities

Membership: As per contract with Louisiana Alliance for Education Reform

EXECUTIVE COMMITTEE (3 MEMBERS)

Duties and Responsibilities:

ü  Review and develop the Superintendent’s contract

ü  Assist in the annual Superintendent’s evaluation

ü  Review the School Board’s policy manual of operation and make recommendations on policies to the full School Board for approval

Membership: Board President, Vice-President, and Board President’s appointment

18)           School Board SJAE Contract Committees

INSURANCE COMMITTEE

Duties and Responsibilities:

ü  Provide input into the selection process for determining the providers for the employee’s medical, prescription drugs, life insurance, vision, and dental insurance plans

ü  Review quotes for medical plans for school employees

ü  Receive and analyze school insurance reports

Membership: Five (5) members appointed by the St. John Association of Educators and five (5) members appointed by the School Board.

CALENDAR COMMITTEE

Duties and Responsibilities:

ü  Shall meet no later than March 1 of each school year for the purpose of constructing a school calendar applicable to the following school year

ü  The tentative calendar should be submitted to all employees for comments and the final draft of the school calendar should be submitted to the school board for adoption

Membership: Fifty percent (50%) of the membership should be appointed by the St. John Association of Educators and the remainder should be designated by the Superintendent.

CURRICULULM DEVELOPMENT COMMITTEE

Duties and Responsibilities:

ü  Review programs now in progress

ü  Identify problems relating to curriculum development

ü  Stimulate studies and research

ü  Assist in finding consultant help when needed

ü  Make recommendations based upon the results of study and research

ü  Make recommendations based upon the results of study and research

ü  Make recommendations on the adoption of textbooks, library books, and other instructional materials

Membership: Three (3) teachers appointed by the St. John Association of Educators; two (2) administrators appointed by the School Board; one (1) parent/community member; and one (1) School Board member.

19)           State Mandated Committee

DISCIPLINE POLICY REVIEW COMMITTEE

Duties and Responsibilities:

ü  Review all School Board discipline policies and make recommendations to the School Board for appropriate revisions to such policies

ü  Review and recommend changes of student dress code

Membership: 16 members as follows:

ü  Five (5) classroom teachers to be elected by their peers with at least one teacher each representing elementary, middle or junior high, and high school

ü  One (1) special education teacher to be elected by their peers

ü  Two (2) guidance counselors to be elected by their peers

ü  Two (2) principals to be elected by their peers, one representing an elementary school and one representing a high school

ü  One (1) school bus operator to be elected by their peers

ü  One (1) child welfare and attendance supervisor

ü  One (1) School Board member to be elected by their peers

ü  The local Superintendent or his/her designee

ü  Two (2) parents to be appointed by a method as provided by rules and regulations adopted by the State Board of Elementary and Secondary Education

11.        OFFICERS OF THE BOARD:  ELECTION THEREOF

A.          Pursuant to La. Rev. Stat. Ann. §17:54, the Board, at its first meeting in January of odd numbered years, shall elect a President and a Vice President from its membership for a term of two years, or expiration of his/her term in office, whichever is shorter.  The term of office of such officers shall terminate upon the election of their respective successors.  The officers may be removed during their term of office by a majority vote of the total Board.

B.          The elections of these officers shall be conducted in the following manner:

1.          The office of President of the Board shall be filled first from nominations by other Board members, which nominations do not require a second.

2.          If more than one person is nominated for the office of President, a vote shall be taken after nominations are closed.  All Board members, including the nominees, may vote but may vote for only one nominee.

3.          If a nominee receives the votes of a majority of the members of the total Board on the first ballot, that nominee shall be declared elected.

4.          If no nominee receives a majority of the votes of the total Board on the first ballot, a second vote shall be taken between the two nominees receiving the most votes.  If there is a tie vote between more than two candidates for the highest number of votes, or between two or more candidates for the second highest number of votes, all such candidates shall be included in the run-off election.

5.          In the run-off election, the nominee receiving the greatest number of votes shall be declared elected, provided, however, that such nominee must have received the vote of a majority of the total Board.

6.          In the event of a tie vote, or in the event of no nominee receiving the favorable vote of a majority of the total Board, voting shall continue until a nominee receives the vote of the majority of the total Board.

C.          After the office of President has been filled, the office of Vice President shall be filled in the same manner as set forth above.

12.        REPEAL OR SUSPENSION OF RULES OF PROCEDURE

These Rules of Procedure may not be repealed or amended except by the affirmative vote of two-thirds of the members of the Board.

13.        SEVERABILITY

If any provision, item, section, paragraph, clause or phrase of this act, or the application thereof, is held invalid, such invalidity shall not affect any other provision, item, section, paragraph, clause, phrase or application of these Rules of Procedure which can be given effect without the invalid provisions, items, section, paragraphs, clauses, phrases or applications, and to this end the provisions of these Rules of Procedure are hereby declared to be severable.

Revised:  September, 1985                                   Revised:  March 21, 2013

Revised:  February, 1989                                       Revised:  July, 2014

Revised:  June, 1989

Revised:  June, 1991

Revised:  January, 1992

Revised:  March, 1995

Revised:  April, 1995

Revised:  July, 1998

Revised:  June, 2004

Revised:  September, 2007

Revised:  November 6, 2008

Revised:  March, 2009

Ref:      La. Rev. Stat. Ann. §17:81, 42:11, 42:12, 42:13, 42:14, 42:15, 42:16, 42:17, 42:18, 42:19, 42:20, 42:21, 42:22, 42:23, 42:24, 42:25, 42:26, 42:27, 42:28; Jackson v. Assumption Parish School Board, App. 1 Cir. 1995, 652 So2d 549, 1994-0901 (La. App. 1 Circ. 3/3/95) ; Board minutes, 11-8-84, 8-8-85, 2-1-89, 2-28-91, 10-17-91, 12-18-94; 2-16-95, 5-7-98, 3-18-04, 8-16-07, 11-6-08, 12-4-08, 3-21-13.

FILE:  EBBD              EMERGENCY CLOSING OF SCHOOLS

The Superintendent shall be authorized to announce the closing of schools if prevailing or potential hazards threaten the safety and well-being of pupils, staff, or school property.  The decision to close schools shall be made by the Superintendent after conferring, when administratively feasible, with members of the St. John the  Baptist Parish School Board and other community agencies responsible for the safety and well-being of the community.

Public announcements and releases to news media shall be made or approved by the Superintendent or his authorized designee.  Each Board member shall also be notified of any school closing.

In cases where students are dismissed early, teachers are expected to supervise all students under their jurisdiction until they have departed from the school campus.  In the event of dismissal during the school day, all educational and building employees are to continue their work, unless otherwise notified by the Superintendent.

In the event of school closure for emergencies, the Superintendent shall be authorized to use selected holidays to make up for the instructional days missed.

              During severe weather or other emergency situations, the Superintendent, after conferring with the Board President, shall have the authority to excuse employees of the St. John the Baptist Parish School System from reporting to work.  “Emergency Situation” shall encompass circumstances that would expose school system employees to harmful or unsafe conditions, as determined by the Superintendent.

              The Superintendent may provide school system employees with leave with pay for absences from work due to a Declared State of Emergency issued by the Parish President/State Govenor.  When a Declaration of Emergency has been issued, because of extreme weather or other specified emergency situations, employees shall not report to work except at the request or approval of the Superintendent.  Unless a Declaration of Emergency has been issued, all school system employees are expected to report to work.  If the Superintendent officially directs the closure of the school system due to severe weather or other emergency situations, those persons actually scheduled to work during the time period of the declaration shall receive the time off without loss of pay, annual leave, or sick leave.  All personnel, including both non-exempt and essential personnel who are otherwise considered exempt employees, who work at the request or approval of the Superintendent during such closure shall receive pay at the rate of time and one-half for those actual hours worked, which shall be considered overtime for purposes of the Stafford Act.  Furthermore, upon the declaration of an emergency, all scheduled vacations for designated essential personnel shall be cancelled.

Adopted: Sept. 21, 1978

Ref:  La Rev. Stat. Ann 17:81

Board Minutes 06/09/88

St. John the Baptist Parish School Board

FILE:  GAJ:  GIFTS

GIFTS TO PERSONNEL

The St. John the Baptist Parish School Board shall prohibit staff members and employees of the school district from soliciting, accepting, or receiving, either directly or indirectly, any gift from students, parents, or other individuals.  However, employees who work in schools may accept gifts from or on behalf of students or former students when the value of the gift does not exceed twenty-five dollars ($25.00) and the aggregate value of all gifts from or on behalf of any one person does not exceed seventy-five dollars ($75.00) in a calendar year.

Acceptance of any form of compensation, gift, or gratuity by any employee of the St. John the Baptist Parish School Board from persons or firms doing business with any School Board department is strictly prohibited.  Reduced cost and/or free travel expenses are also defined as gifts with regard to this policy.  This policy does not preclude, however, acceptance of food or drinks of a social nature or participation in a social event.  This policy shall also not preclude the acceptance of campaign contributions for use in meeting campaign expenses by any employee who is or becomes a candidate for election to any public office.

New Policy:  July, 2014

Ref:      La. Rev. Stat. Ann. §§42:1111, 42:1112, 42:1113, 42:1115, 42:1123.         

FILE:  GBA:  CONTRACTS AND COMPENSATION

CONTRACTS

Contracts of employment between eligible employees and the St. John the Baptist Parish School Board shall be executed for a specified period of time and compensation in accordance with state law.  Unless otherwise stipulated, all employees shall meet all stated position qualifications and/or certification requirements before any contract shall become valid.  Renewal or issuance, when possible, of contracts of employment, as well as dismissal or nonrenewal of contract notices, with the exception of performance contracts, shall be issued on or before the last day of each school year, whenever possible.  

The execution of an employee contract by between the School Board and employee shall be legally binding upon both parties.   Teachers without tenure shall be required to have a written contract.  Teachers who have gained tenure may not be required to sign a written contract each scholastic year, but shall be required to sign such employment contracts at intervals determined by the School Board.  The failure of a non-tenured teacher to sign a contract for the ensuing school session within the specified time, when required, shall be considered as voluntary termination of employment on the part of the teacher, unless under extenuating circumstances, an extension is granted by the Superintendent.  Any subsequent resignation or termination of said contract for reasons other than extreme emergencies, as determined by the School Board, shall constitute a breach of contract against which legal action may be taken by the School Board and the employee dealt with accordingly.  The Superintendent shall receive, finalize, and accept all resignations of all employees. However, the Superintendent at the next available meeting shall report said resignations to the School Board.

The Superintendent shall sign each teacher contract.

Performance Contracts

Administrative and supervisory personnel in positions that require certification shall be hired under the terms of a performance contract of not less than two (2) nor more than four (4) years, except when such employment is for a temporary position.  The School Board shall make the final decision regarding the length of any such performance contract.  Prior to the School Board’s approval of any initial or subsequent contract which involves an employee being or having been promoted to a position with a higher salary, the Superintendent shall disclose all terms of the contract to the School Board.

Termination or non-renewal of any performance contract shall be governed by the terms of the contract and applicable law.

COMPENSATION

Salary Schedules

Upon the recommendation of the Superintendent, the School Board shall establish salary schedules by which to determine the salaries to be paid to teachers and all other school employees.  Salaries of all teachers shall be set by the Superintendent.  The salaries of all personnel are generally based upon an established salary schedule and associated regulations; provided, however, that salaries may be stated in and controlled by an employment contract.  The salaries as provided in any salary schedule shall be considered as full compensation for all work required and performed within each employee’s prescribed scope of duties and responsibilities.

Salary schedules established for teachers, administrators, and other certified school personnel shall be based upon the following criteria, with no one criterion accounting for more than fifty percent (50%) of the formula used to compute such employees' salaries:

1.          Effectiveness, as determined by the performance evaluation program as provided in La. Rev. Stat. Ann. §§17:3881 through 3905.

2.          Demand, inclusive of area of certification, particular school need, geographic area, and subject area, which may include advanced degree levels.

3.          Experience.

No teacher or administrator who is rated ineffective pursuant to the School Board’s performance evaluation program shall receive a higher salary in the year following the evaluation than the teacher/administrator received in the year of the evaluation.

The amount of the annual salary paid to any employee in any school year shall not be reduced below the amount of such salary paid during the previous school year, nor shall the amount of the annual salary paid to any employee be reduced at any time during an academic year.  The limitations on the reduction in the amount of the annual salary paid to any employee shall not be applicable to the correction of any accounting errors or to a reduction necessitated by the elimination of a state program or state funding.  Any salary reduction shall not apply to any local salary supplement funded, in whole or in part, from a revenue source requiring voter approval, when such voter approval has not been obtained.  The limitation on the reduction of salary shall also not apply to an employee who has been promoted and subsequently demoted. In this case, the employee’s salary shall return to the salary previously received in the lower position from which promoted.

Ordinarily, no teacher shall be placed on the payroll of the school district unless the teacher holds a valid certificate as required by law, and a copy of the teacher's contract has been filed with the Superintendent.  Exceptions may be made only when qualified teachers with valid certification are not available for employment.

Experience Credit

A year of teaching experience is defined as each scholastic year of employment as a certified teacher in public schools within any of the fifty states of the United States of America, or within any of its territorial possessions; or as a teacher in a private or parochial school, as an employee in a state department of education, or as an instructor in an institution of higher learning.  All such experience must have been as a teacher in an institution or school accredited by one of the recognized regional accrediting agencies in the United States of America (e.g., SACS).  Experience outside the United States of America, its territories or possessions must be in an institution or school accredited by an accrediting agency recognized by the United States of America.

A year of teaching experience shall be granted if the person was employed for at least ninety-one (91) instructional days during one scholastic year, excluding holidays, as verified by the Superintendent.  However, not more than one (1) year of experience shall be granted for a period inclusive of twelve (12) consecutive calendar months.  All experience must have been on a full-time basis.

Any teacher holding a valid Louisiana teaching certificate in the public school system of Louisiana who has transferred to Louisiana from a public school system of another state and who, at the time of such transfer, held a valid teacher's certificate from that state, shall be given full credit under the salary schedule for the years of satisfactory teaching service previously rendered in the public school system of that state. Credit for previous teaching experience shall also be granted to anyone employed who holds a valid Louisiana teaching certificate and is employed or has been employed by another public school system in the state.

Advanced Degree

When a teacher earns additional college credit, is awarded an advanced degree, or receives additional training that would result in an increase in salary, said teacher shall be paid for the advanced degree or training beginning with the next payroll period after all necessary documentation has been received from the Louisiana Department of Education.  It shall be the responsibility of the employee to assure proper notification is given to the Superintendent or his/her designee.

Retirees

The salary of any retiree who is reemployed as a full-time teacher shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.  The status of any retiree who is reemployed shall be the same as a full-time active employee, subject to all applicable rules, procedures, policies, and statutes that apply to all such full-time active employees.

The retirement of an employee prior to his/her re-employment as a retiree shall constitute a break in his/her service with the School Board for purposes of tenure and sabbatical leave.  The retiree shall not be allowed to carry forward annual leave days accumulated by him/her as of the date of his/her retirement, but he/she may carry forward accumulated sick leave days provided that he/she has returned to employment within five (5) years of his/her last employment as a teacher within the school system.  A retiree shall have the right to earn additional sick leave and annual leave, if applicable, on the same basis as other similarly situated newly hired employees while a retiree.

School Employees

Compensation for all school employees shall be based on applicable salary schedules or hourly rates established by the St. John the Baptist Parish School Board, with the exception that no employee shall receive less than the minimum established by state or federal law. 

For the purpose of this subsection, school employee shall mean any employee of the School Board who is not required to hold a teacher's certificate as a condition of employment, including, but not limited to, bus operator, food service worker, paraeducator, custodian, and maintenance personnel.

Single Federal Award/Cost Objective Salary/Work Time Certification

It is the policy of  the St. John the Baptist Parish School Board that where employees are expected to work solely on a single  Federal award or cost objective, charges for their salaries and wages will be supported by semiannual certifications that the employees worked solely on that program for the period covered by the certification.  Also, where an employee is expected to work partially on a single Federal award or cost objective, charges for their salaries and wages will be supported by semiannual certifications that the employees worked that part of their time on that program for the period covered by the certification.  These semiannual certificates will be prepared by the employee or supervisor official having first-hand knowledge of the work performed by the employee.

Revised:  December, 1992                       Combined with GCA and revised:  June, 2012

Revised:  November, 1993                       Revised:  October 18, 2012

Revised:  September, 1998                      Revised:  March 21, 2013

Revised:  October, 2001                                        Revised:  July, 2014

Ref:      29 USC 201 et seq. (Fair Labor Standards Act of 1938, as amended); La. Rev. Stat. Ann. §§11:710, 17:81; 17:83, 17:84, 17:84.1, 17:411, 17:413, 17:418, 17:419.2, 17:421.4, 17:422.6, 17:423, 17:424, 17:424.2, 17:424.3, 17:444, 17:491, 17:492, 17:496, 17:496.1, 17:497, 17:497.1, 17:498; Wright v. Caldwell Parish School Board, 30.448 (La. App. 2 Cir. 6/16/99);  Garcia v. San Antonio Metropolitan Transit Authority et al., 105 S. Ct. 1005 (February 1985); Harrah Independent School District v. Martin, 99 S. Ct. 1062 (1979); Board minutes, 2-2-95, 8-20-98, 12-13-01, 10-18-12, 3-21-13.

FILE:  GBI:  EVALUATION OF PERSONNEL

TEACHERS AND ADMINISTRATORS

The St. John the Baptist Parish School Board believes the quality of teaching and learning is directly related to the performance of personnel who work in the school district.  It is therefore, the policy of the School Board to appraise the performance of instructional and administrative personnel in order to maintain performance at the levels essential for effective schools. 

The Superintendent and his/her staff shall have the responsibility for developing, monitoring, and maintaining an effective and efficient performance evaluation program in accordance with guidelines as found in Regulations for Evaluation and Assessment of School Personnel, Bulletin 130, Louisiana Department of Education.  The observation, evaluation and assessment process shall measure the effectiveness of teachers and administrators as to whether they meet the necessary standard of performance.

The process for all observations, evaluations, teacher conferences, and related functions shall be conducted in accordance with state requirements, as well as regulations and other criteria enumerated in the district’s guidelines for Teacher Assessment and School Personnel Evaluation. Evaluations shall be conducted annually.

Every effort shall be made by the school system to communicate to position holders the general goals of the system, the specific objectives of the position, the plans which have been made to support the individual as he/she performs his/her role, the standards of performance the system has established, the criteria it will employ in assessing performance, as well as components of an intensive assistance program for addressing those persons determined to be ineffective. 

Copies of the assessment and evaluation results and any documentation related thereto of any school employee retained by the School Board shall be confidential and shall not constitute a public record, and shall not be released or shown to any person except as provided by state or federal law.

Should a teacher or administrator not agree with his/her rating, he/she may initiate grievance proceedings in accordance with the procedures for resolving conflict contained in Bulletin 130 and the Board’s grievance procedures.

ALL OTHER PERSONNEL

In an effort to improve the level of job production and skill performance of the individual employee, evaluations of support personnel shall be conducted annually.  Performance evaluations shall be based on an employee’s job classification and the School Board’s adopted standards for the work performed.

Revised:  October, 1994                                                    

Revised:  July, 2012

Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. ''17:3881, 17:3882, 17:3883, 17:3884, 17:3901, 17:3902, 17:3903, 17:3904; Regulations for the Evaluation and Assessment of School Personnel, Bulletin 130, Louisiana Department of Education; Board minutes, 10-18-12.

FILE:  GBJ:  PROMOTION

The St. John the Baptist Parish School Board shall require, and the Superintendent shall verify that all employees considered for promotion possess the appropriate qualifications and/or certification necessary for the position.

TEACHERS/CERTIFICATED EMPLOYEES

Whenever a teacher/certificated employee is promoted by the Superintendent from a position of lower base salary to one a position of higher base salary requiring the holding of a teaching certificate, employment shall be based on a written contract containing performance objectives.  Such contract shall be for a term of not less than two (2) years, nor more than four (4) years, except when such employment is for a temporary position.  Prior to the School Board’s approval of any initial or subsequent contract which involves an employee being or having been promoted to a position with a higher salary, the Superintendent shall disclose all terms of the contract to the School Board.

Any employee thus promoted and who enters into an employment contract as stated above shall not gain permanent tenured status in the position to which promoted.

SUPPORT PERSONNEL

Decisions regarding promotion of support personnel shall be made by the Superintendent. 

Revised:  February, 1991

Revised:  October 18, 2012

Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. §§17:81, 17:444; Board minutes, 10-18-12.

FILE:  GBK:  EMPLOYEE DISCIPLINE

The Superintendent and the employee’s supervisors his/her designee shall possess the authority to discipline employees when an employee’s behavior warrants such action.  A principal shall have the authority to discipline all recommend to the Superintendent when appropriate that employees at the school in which he/she is employed should be disciplined.

Discipline of an employee shall be progressive in nature such that penalties for poor job performance or broken rules become increasingly harsh as similar or related conditions continue or infractions are repeated.  Such progressive discipline, however, shall not inhibit the Superintendent’s authority or, in the case of certain employees, the School Board’s authority, to discipline, suspend, or terminate an employee based on the circumstances of any single event.  Documentation of employee behavior, employee performance and any disciplinary action taken shall be properly and thoroughly recorded.

Should any disciplinary measure become necessary, any documentation shall be considered confidential and treated in accordance with statutory provisions and School Board policy.

TEACHERS

Hearing procedures are statutorily required for certain disciplinary actions for teachers as defined below.  However, such procedures do not prevent the Superintendent and/or principal from taking other disciplinary measures which do not require a hearing, as he/she feels appropriate.

Definitions

For the purpose of this section:

Discipline and disciplinary action shall include only suspension without pay, reduction in pay, involuntary demotion, or dismissal.

Written notice shall be considered given when the notice is hand delivered to the teacher, or on the day it is delivered to the teacher by registered mail, certified mail, or a commercial courier.

SUSPENSION

Non-Tenured Teachers

The Superintendent may take disciplinary action against any non-tenured teacher after providing such teacher with the written reasons therefor and providing the teacher the opportunity to respond.  The teacher shall have seven (7) days to respond, and such response shall be included in the teacher’s personnel file.  The Superintendent shall notify the teacher in writing of his/her final decision.  The teacher shall not be entitled to a hearing before the School Board. 

Within sixty (60) days of such notice, the teacher may seek summary review in district court of whether or not the Superintendent’s action was arbitrary or capricious.

Tenured Teachers

The Superintendent shall have the authority to suspend tenured teachers without pay when the circumstances necessitate immediate action.  The teacher may request a hearing as outlined in La. Rev. Stat. Ann. §17:443.  Such request shall be made within seven (7) calendar days of the Superintendent’s action of suspending the tenured teacher. 

A teacher with tenure shall not be disciplined except upon written and signed charges by the Superintendent or his/her designee of poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if furnished with a copy of such written charges and given the opportunity to respond. 

The teacher shall have ten (10) calendar days from written notice of the charges to respond, in person or in writing.  Following review of the teacher’s response, the Superintendent may take interim disciplinary action, which may include placing the teacher on paid administrative leave.  If the teacher has been arrested for a violation of any of the following:  La. Rev. Stat. Ann. §§14:42 through 14:43.5, 14:80 through 14:81.5, any other sexual offense affecting minors, any of the crimes provided in La. Rev. Stat. Ann. §15:587.1, or any justified complaint of child abuse or neglect on file in the central registry pursuant to Children’s Code Article 615, the administrative leave shall be without pay.  Paid administrative leave shall not exceed fifty (50) days from notice of the Superintendent’s interim decision.

Within ten (10) calendar days after written notice of the interim disciplinary action or within ten (10) calendar days after receipt of the teacher’s response if no interim disciplinary action is taken, a teacher may request a hearing before a disciplinary hearing officer.  If the teacher fails to timely request a hearing, the disciplinary action shall become final.

Upon request for a review hearing, the Superintendent shall randomly appoint a hearing officer from a list of persons previously approved by the School Board as disciplinary hearing officers.  If the school district serves fewer than twenty thousand students, the School Board shall maintain a list of at least five (5) hearing officers.  If the school district serves twenty thousand students or more, the School Board shall maintain a list of at least ten (10) hearing officers.  All hearing officers shall be qualified to serve as a disciplinary hearing officer in accordance with state law.  If the School Board fails to maintain such a list, the Superintendent may randomly appoint a hearing officer from a list of persons previously approved by the Louisiana Board of Elementary and Secondary Education.

Such hearing may be private or public, at the option of the teacher, and shall commence no sooner than ten (10) calendar days nor later than thirty (30) calendar days after receipt of the teacher’s request for such hearing.  The disciplinary hearing officer shall have the power to issue subpoenas, and shall conduct the hearing in accordance with procedures adopted by the School Board.

The teacher shall have the right to appear before the disciplinary hearing officer with witnesses on his/her behalf and with counsel of his/her selection.  The disciplinary hearing officer shall hold a hearing and review on whether the interim decision of the Superintendent was arbitrary or capricious and shall either affirm or reverse the action of the Superintendent.  The disciplinary hearing officer shall notify the Superintendent and the teacher of his/her final determination, with written reasons, within ten (10) days from the date of the hearing.  If the Superintendent’s disciplinary action is affirmed, it shall become effective upon the teacher’s receipt of the decision of the disciplinary hearing officer.  If the Superintendent’s disciplinary action is reversed, the teacher shall be restored to duty. 

Within sixty (60) days from the postmarked date of such written notification of the decision of the disciplinary hearing officer, the School Board or the teacher may petition a court of competent jurisdiction to review the matter as a summary proceeding.

The time periods contained above may be extended by mutual agreement of the parties.

BUS OPERATORS/CONTRACT APPOINTEES

The Superintendent shall have the authority to suspend discipline tenured bus operators and persons employed on performance contracts, including suspension with or without pay, when circumstances necessitate immediate action.  If sufficient grounds for suspension without pay are subsequently not found to exist by the School Board or Superintendent, the bus operator or contract appointee shall be reimbursed for any loss of compensation.

NON-TENURED EMPLOYEES

The Superintendent shall have the authority to suspend discipline, including suspension, any non-tenured, non-contract employee with or without pay, when circumstances warrant such action.

New policy:  November, 2006

Approved:  October 15, 2009

Revised:  October 18, 2012

Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. §§17:81, 17:81.8, 17:443; Reed v. Orleans Parish School Board, April 30, 1945, 21 So.2d 895; Frazier v. East Baton Rouge Parish School Board, App. 1 Cir. 1961, 128 So.2d 250; Board minutes, 10-15-09, 10-18-12.

FILE:  GBL:  TENURE

TEACHERS

A teacher who has acquired tenure before September 1, 2012 shall retain tenure, subject to the provisions of state law.  Effective beginning on July 1, 2012, a teacher shall be rated highly effective for five (5) years within a six-year period pursuant to the Personnel Evaluation Plan adopted by the School Board in accordance with La. Rev. Stat. Ann. ''17:3881 through 3905, to be granted tenure.  The Superintendent shall notify a teacher, in writing, when tenure has been awarded and the teacher shall be deemed to have acquired tenure on the date specified therein.  

Beginning with the 2013-2014 school year, A tenured teacher who receives a performance rating of ineffective pursuant to the teacher’s annual evaluation shall immediately lose his/her tenure and all rights related thereto immediately upon exhaustion of the grievance procedure outlined in '317 of Bulletin 130, Regulations for Evaluation and Assessment of School Personnel, unless the ineffective performance rating is reversed. Such rating shall constitute sufficient grounds for disciplinary action pursuant to La. Rev. Stat. Ann. '17:443.  If a teacher is rated found highly effective based on the evidence of the growth portion of the evaluation but is rated found ineffective according to the observation portion, within thirty (30) days after such finding, the teacher shall be entitled to a second observation by members of a team of three (3) designees, chosen by the Superintendent, which shall not include the principal.

A teacher who loses tenure shall reacquire tenure if any of the following applies:

1.          The teacher’s ineffective performance rating is reversed pursuant to the procedures for resolving conflict contained in Bulletin 130, Regulations for Evaluation and Assessment of School Personnel, and the Board’s grievance procedure.  In such case, the teacher’s tenure shall be immediately reinstated.

2.          the teacher receives a performance rating of highly effective for five (5) years within a six-year period subsequent to receiving an ineffective rating.

Teachers Paid with Federal Funds

A teacher paid with federal funds shall not be eligible to acquire tenure, nor shall time spent in employment paid with federal funds be counted toward the time required for acquisition of tenure.

CONTRACT APPOINTEES

Any teacher who has acquired tenure and is promoted to a higher salaried position shall not be eligible to gain tenure in the position to which promoted, but shall retain any tenure acquired as a teacher.

Any person hired under a performance contract shall not be eligible to gain tenure.

BUS OPERATORS

La. Rev. Stat. Ann. '17:492 specifies that bus operators shall serve a probationary term of three (3) years reckoned from the date of first employment with the School Board, provided bus operators personally operate and drive the school bus they are employed to operate.  Upon absence of notification of dismissal by the School Board within the probationary period, the bus operator shall be granted tenure at the end of the probationary term.  School bus operators hired on or after July 1, 2012 shall not be granted tenure. 

SCHOOL EMPLOYEES

No tenure is granted by law or School Board policy to school employees of the St. John the Baptist Parish School Board.  School employee shall be defined as any employee whose job description does not require the holding of a teaching certificate or who is not employed as a bus driver.

Revised:  November, 1985

Revised:  October 18, 2012

Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. ‘’13:3204, 17:82, 17:441, 17:442, 17:443, 17:444, 17:492, 17:493, 17:1213, 17:1217, 17:3881, 17:3882, 17:3883, 17:3884, 17:3901, 17:3902, 17:3903, 17:3904; Board minutes, 10-18-12.

FILE:  GBN:  DISMISSAL OF EMPLOYEES

The St. John the Baptist Parish School Board shall strive to assist personnel in adjusting to their positions and performing their duties satisfactorily. 

With the exception of lay-offs caused by programmatic changes, budget cuts, staff reorganizations, and/or other personnel actions reducing numbers of employees, no School Board employee shall be dismissed except as provided below.  Any school employee shall be dismissed by the Superintendent or the School Board, in accordance with statutory provisions, upon final conviction or pleading nolo contendere of certain crimes enumerated in La. Rev. Stat. Ann. §15:587.1 and/or any other felony offense.  In addition, employees may be dismissed for failure to properly report arrests for certain offenses enumerated in La. Rev. Stat. Ann. §17:16.

If an employee is absent for ten (10) or more days without explanation or approved leave, the School Board may consider the job as abandoned and the employee may be terminated, unless the employee can provide acceptable and verifiable evidence of extenuating circumstances.  The Superintendent or his/her designee shall be responsible for determining acceptability of evidence of extenuating circumstances.

CERTIFICATED EMPLOYEES

Non-tenured Teachers

The Superintendent may terminate the employment of any non-tenured teacher after providing such teacher with the written reasons therefor and providing the teacher the opportunity to respond.  The teacher shall have seven (7) days to respond, and such response shall be included in the teacher’s personnel file.  The Superintendent shall notify the teacher in writing of his/her final decision.  The teacher shall not be entitled to a hearing before the School Board.

Within sixty (60) days of such notice, the teacher may seek summary review in district court of whether or not the Superintendent’s action was arbitrary or capricious.

Tenured Teachers

A teacher with tenure shall not be removed from office except upon written and signed charges by the Superintendent or his/her designee of poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if furnished with a copy of such written charges and given the opportunity to respond.  Dismissal of a teacher with tenure shall be governed by the provisions for discipline of teachers with tenure as included in policy GBK, Discipline.  The Superintendent shall provide the teacher with written charges, and the teacher shall have seven (7) days to respond.  Such response shall be included in the teacher’s personnel file.  At the end of the seven (7) day time period, the Superintendent may terminate the teacher’s employment. 

A teacher shall not be terminated for an ineffective performance rating until completion of the School Board’s evaluation grievance procedure if a grievance was timely filed. 

Within seven (7) days after dismissal, a teacher may request and upon request shall be granted a hearing by a tenure hearing panel composed of a designee of the Superintendent, a designee of the principal, and a designee of the teacher.  In no case shall the Superintendent, the principal, or teacher designate an immediate family member or any full-time employee of the school system by which the teacher was employed who is under the supervision of the person making the designation.  Such hearing may be private or public, at the option of the teacher, and shall begin within seven (7) business days after receipt of the teacher’s request for such hearing.  The teacher shall have the right to appear before the tenure hearing panel with witnesses on his/her behalf and with counsel of his/her selection, all of whom shall be heard by the tenure hearing panel at the hearing.  For the purpose of conducting hearings hereunder, the tenure hearing panel shall have the power to issue subpoenas to compel the attendance of all witnesses.  Nothing herein contained shall impair the right to seek supervisory review from a court of competent jurisdiction.

The tenure hearing panel shall submit its recommendation to the Superintendent, and the Superintendent may choose to reinstate the teacher.  If the Superintendent does not reinstate the teacher, the Superintendent shall notify the teacher of his/her final determination, in writing, and such teacher may, not more than sixty (60) days from the postmarked date of such written notification, petition a court of competent jurisdiction to review whether the action of the Superintendent was arbitrary or capricious. 

For purposes of termination, the results of a teacher’s evaluation wherein the teacher’s performance has been classified as ineffective shall constitute sufficient proof of poor performance, incompetence, or willful neglect of duty and no additional documentation shall be required to substantiate such charges.

Contract Appointees

Personnel who have entered into promotional employment contracts with the School Board, pursuant to La. Rev. Stat. Ann. §17:444, may be removed from their positions by non-renewal of their contracts or by termination of their contracts.  Contracts may be non-renewed by the School Board for any of the following reasons:

1.    The Superintendent has recommended against renewal of the contract based on an evaluation of the employee’s performance;

2.    The failure to offer a new contract is based on a cause sufficient to support a mid-contract termination;

3.    The position in question has been discontinued; or

4.    The position in question has been eliminated as a result of district reorganization. 

In a non-renewal situation, the employee shall not be entitled to a hearing before the School Board.

For mid-contract termination of promotional employment contracts, the employee shall receive written charges and a fair hearing before the School Board after reasonable written notice a disciplinary hearing officer, conducted in accordance with hearing procedures adopted by the School Board.  A contract may be terminated if the employee is found guilty of being incompetent or inefficient or is found to have failed to fulfill the terms and performance objectives of his/her contract, or other reasons provided for by state law.

NON-CERTIFICATED EMPLOYEES

Non-Tenured Bus Operators

No bus operator hired after July 1, 2012 shall earn tenure.

A non-tenured bus operator shall be immediately dismissed if he/she is convicted of or has pled nolo contendere to violations of local or existing state law prohibiting operating a vehicle while intoxicated regardless of whether the violation occurred while performing in his/her official capacity as a school bus operator at the time of the offense.

A non-tenured bus operator may also be dismissed by the School Board upon the Superintendent's written recommendation.  The employee shall not be entitled to a hearing before the School Board.

Tenured Bus Operators

The School Board may dismiss any tenured bus operator only after written and signed charges against the bus operator have been prepared by the Superintendent and submitted to the School Board.  The School Board, if it decides to proceed upon the charges, shall notify the bus operator in writing at least twenty (20) days prior to the hearing, stating the charges brought against him/her, and shall arrange for a hearing to be held in accordance with due process provisions of the law, such hearing to be public or private at the option of the bus operator.  A tenured bus operator may be dismissed for willful neglect of duty, or incompetence, or immorality, or drunkenness while on duty, or failure to comply with requirements of La. Rev. Stat. Ann. §17:491.3 relative to being arrested for one or more of the specified offenses, or physical disability to perform his/her duties, or failure to keep his/her transfer equipment in a safe, comfortable, and practical operating condition, or of being a member of or contributing to any group, organization, movement, or corporation that is prohibited by law or injunction from operating in the state, and then only if found guilty after a hearing by the School Board by a majority of the School Board’s membership. 

Additional grounds for the removal from office of any school bus operator shall be:

1.    the abolition, discontinuance, or consolidation of routes, but then only if it is found as a fact, after a hearing by the School Board, that it is in the best interests of the school system to abolish, discontinue, or consolidate said route or routes.  If abolition, discontinuance, or consolidation of bus routes is approved, the principle of seniority shall apply, so that the last school bus operator hired to serve within the school system to be affected shall be the first to be removed.

2.    conviction of or plea of nolo contendere to a violation of a parish or municipal ordinance that prohibits operating a vehicle while intoxicated or any of the existing state offenses relative to operating a vehicle while intoxicated, as enumerated in La. Rev. Stat. Ann. §17:493, regardless of whether the violation occurred while performing in his/her official capacity as a school bus operator at the time of the offense.

School Employees

All employees of the system whose dismissal is not governed by the provision of La. Rev. Stat. Ann. ''17:441-446, or by the provisions of La. Rev. Stat. Ann. ''17:491-494, shall be subject to dismissal upon the written recommendation by the Superintendent to the School Board.  Such employees shall not be entitled to a hearing before the School Board.

Revised:  November, 1985                                    Revised:  December 2, 2010

Revised:  December, 1990                                    Revised:  February 2, 2012

Revised:  December, 1992                                    Revised:  October 18, 2012

Revised:  November, 2003                                    Revised:  October 17, 2013

Approved:  October 15, 2009                                Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. ''13:3204, 15:587.1, 17:15, 17:16, 17:81.5, 17:442, 17:443, 17:444, 17:492, 17:493, 17:493.1; La. Code of Civil Procedure, Art. 2592; Rouselle v. Plaquemines Parish School Board, 633 So2d 1235 (La. 2/28/94); Board minutes, 1-7-88, 10-15-09, 12-2-10, 2-2-12, 10-18-12, 10-17-13.

FILE:  GBRIB:  SICK LEAVE

The St. John the Baptist Parish School Board shall grant all employees hired for the school year or longer a minimum of ten (10) days absence per year because of personal illness or other emergencies without loss of pay. 

Sick leave, when not used, shall be allowed to accumulate to the credit of the employee without limitation.  However, upon initial employment, a teacher employed by the School Board shall not be allowed any sick leave until he reports for duty and actually performs work. 

The minimum of ten (10) days of sick leave for an employee shall be based on the employee beginning work at the beginning of the school year.  In the case of an employee beginning work in the first month of the school year, ten days sick leave shall be allowed.  If an employee begins work in the second month of the school year, nine days of sick leave shall be allowed,.  If an employee begins work in the third month of the school year, eight days of sick leave shall be allowed; if an employee begins work in the fourth month of the school year, seven days of sick leave shall be allowed; and the number of days of sick leave shall continue to be prorated for an employee who begins work until the eighth month of the school year, when only three days of sick leave shall be allowed.  The Superintendent and/or his/her designee shall be responsible for developing and maintaining pertinent regulations and procedures governing sick leave.

CERTIFICATION OF ABSENCE

An employee who is absent for six (6) or more consecutive days shall be required to present a certificate from a physician certifying such absence upon return to work.  In the case of repeated absences of less than six (6) days because of illness, the School Board reserves the right to require verification of illness.  Should a pattern of behavior so warrant, upon the request of the Superintendent or his/her designee School Board, the employee shall be required, at the expense of the School system Board, to provide a certificate from a physician specified by the Superintendent or School system Board, in order to verify the existence of a medical disability.

Excuses for employee absences due to illness or injury must be provided on physician’s letterhead containing the physician’s name, address, and telephone number, typed, printed, or as part of the letterhead.  The physician's typed or neatly printed name shall also appear beneath his/her signature.  The letter must clearly state the reason for the disability, date of the disability, and the anticipated return-to-work date. 

Upon the retirement of any employee, or upon the employee entering DROP (see section below), or upon the employee's death prior to retirement, the School Board shall pay the employee or his/her heirs or assigns, for any unused sick leave, not to exceed twenty-five (25) days.  Such pay shall be at the daily rate of pay paid to the employee at the time of his/her retirement or death. (Moved to below)

If an employee is absent from duty under circumstances in which he/she is not entitled to any kind of leave, such employee shall be considered to be in violation of his/her contract, and is not entitled to be paid for the days of unauthorized absence and non-performance of duties.

SICK LEAVE FOR EMERGENCIES

Emergencies for sick leave and extended sick leave shall be only for medical emergencies for dependents of the employee substantiated by a certificate from a physician certifying such medical emergency.  Dependents shall be limited to those individuals defined and claimed on Federal Income Tax Returns.

EXTENDED SICK LEAVE

The School Board shall permit employees to take up to ninety (90) days of extended sick leave in each six-year period of employment which may be used for a medical necessity at any time the employee has no remaining regular sick leave balance at the time the extended sick leave is set to begin. The initial six-year period of employment shall begin on August 15, 1999 for all teachers and bus drivers employed as of that date, on August 15, 2008 for school employees (not a teacher or whose employment does not require a teacher’s certificate, or who is not employed as a bus driver) employed as of that date, or on the effective date of employment for those employees employed after the dates above.  All decisions relative to the granting of extended sick leave shall be made by the Superintendent.

Medical necessityshall be the result of a catastrophic illness or injury, which means a life-threatening, chronic, or incapacitating condition, of the employee or a member of his/her immediate family.  Immediate family member shall mean a spouse, parent, or child of the employee.

Each teacher granted maternity leave in accordance with state law who has exhausted all current and accumulated sick leave days and has used all days of extended sick leave to which the employee may be entitled may also be granted up to thirty (30) days of extended sick leave in each six-year period of employment for personal illness related to the purpose for which the maternity leave was granted.

Unused days during any six-year period of employment shall not cumulate or carry forward into the next six-year period of employment.  The balance of days of extended sick leave available shall transfer with the employee from one public school employer to another without loss or restoration of days.

Interruptions of service between periods of employment with a public school employer shall not be included in any calculation of a six-year period, such that any employment with any public school employer, regardless of when it occurs, shall be included in any determination of the balance of days of extended sick leave available to the employee.

Any employee on extended sick leave shall be paid sixty-five percent (65%) of the salary paid the employee at the time the extended sick leave begins. 

Definitions

Child means a biological son or daughter, an adopted son or daughter, a foster son or daughter, a stepson or daughter, or a legal ward of an employee standing in loco parentis to that ward who is either under the age of eighteen (18) or who is eighteen (18) years of age but under twenty-four (24) years of age and is a full-time student, or who is nineteen (19) years of age or older and incapable of self-care because of a mental or physical disability.

Immediate family membershall mean a spouse, parent, or child of the employee.

Infant means a child under one year of age.

Medical necessityshall be the result of a catastrophic illness or injury, a life-threatening, chronic, or incapacitating condition, as certified by a physician, of the employee or a member of his/her immediate family. 

Parentmeans the biological parent of an employee or an individual who stood in loco parentis to the employee.

Extended Sick Leave for Maternity Purposes

Each teacher granted maternity leave in accordance with state law and who has no remaining sick leave available may also be granted up to (30) days of additional extended sick leave in each six-year period of employment for personal illness relating to pregnancy, illness of an infant, or for required medical visits certified by a physician as relating to infant or maternal health.

Gainful Employment Permitted

An employee may undertake additional gainful employment while on extended sick leave, provided all of the following conditions are met:

1.    The employee can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that the employee has been working for not less than one hundred twenty (120) days prior to the beginning of any period of extended sick leave.

2.    The physician who certifies the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the extended sick leave is required.

Any violation of the provisions regarding gainful employment may require the employee to return to the School Board all compensation paid during any week of extended sick leave in which the employee worked more than twenty (20) hours and to reimburse the School Board all related employment costs attributable to such period as calculated by the School Board, without any restoration of leave days.

Application Process

On every occasion that a teacher uses extended sick leave, a statement from a licensed physician certifying that it is for personal illness relating to pregnancy, illness of an infant, or for required medical visits related to infant or maternal health, or that it is a medical necessity, shall be presented prior to extended sick leave being taken.

On every occasion that an a bus driver or any other school employee uses extended sick leave, a statement from a licensed physician certifying that it is a medical necessity for the employee to be absent for at least ten (10) consecutive work days shall be presented prior to extended sick leave being taken.

The required physician's statement may be presented along with the request for extended sick leave subsequent to the teacher’s or school employee’s return to service. In such a case, the extended sick leave shall be granted for all days for which extended sick leave is requested, provided the request and required documentation are presented within three (3) days after the teacher or school employee returns to service. However, the School Board or Superintendent reserves the right to question the validity of the medical certification after the three (3) day period.

If the period an employee is on extended sick leave is anticipated to carry over from one school year to the start of the next school year, another application and physician’s statement shall be submitted prior to the start of the next school year in order to be eligible for continued extended sick leave. 

1.    Upon review of the application, if the School Board or Superintendent questions about the validity or accuracy of the certification arise, the School Board or Superintendent may require the employee, or the immediate family member, as a condition for continued extended sick leave, to be examined by a licensed physician selected by the School Board or Superintendent.  In such case, the School Board shall pay all costs of the examination and any tests determined to be necessary.  If the physician finds medical necessity, the leave shall be granted.

2.    If the selected physician disagrees with the original medical certification from the physician selected by the employee, then the School Board or Superintendent may require the employee, or immediate family member, as a condition for continued extension of sick leave, to be examined by a third licensed physician, whose name appears next in the rotation of physicians on a list established by the local medical society and maintained by the School Board or Superintendent.  All costs of an examination and any required tests by a third doctor shall be paid by the School Board.  The final determination of medical necessity shall be based on the opinion of the third physician.

3.    The opinion of all physicians consulted in determining medical necessity of the extended sick leave shall be submitted to the School Board or Superintendentin the form of a sworn statement.  All information contained in any statement from a physician shall be confidential and shall not be subject to the public records law.

SICK LEAVE FOR ASSAULT OR BATTERY

Any employee of the public schools who is injured and disabled while acting in his/her official capacity as a result of an assault or battery by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault and battery.  The employee shall be required to provide a certificate from a physician certifying such injury and incapacitation.

The sick leave authorized shall be in addition to all other sick leave authorized herein, shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement, or compensated for in any manner except as set forth above.

If any teacher or school employee, but not a bus operator, is receiving sick leave as a result of assault or battery as provided in this section, and begins receiving retirement benefits, the sick leave provided herein shall cease.

SICK LEAVE FOR PHYSICAL CONTACT WITH A STUDENT

Any teacher who is injured or disabled while acting in his/her official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period of up to one (1) calendar year without reduction in pay and without reduction in accrued sick leave days while injured or disabled as a result of rendering such assistance.  Any school employee, but not a bus operator, injured or disabled in a similar manner shall receive up to ninety (90) days of such sick leave.  The teacher or employee shall be required to present a certificate from a physician certifying such injury or disability.  The School Board may extend the period of sick leave beyond the allowable period at its discretion.

If the School Board questions the validity or accuracy of the physician’s certification submitted by a teacher, the School Board may require the teacher to be examined by a licensed physician selected by the School Board.  Any further review of medical certification shall proceed in the same manner as requests for extended sick leave, which is outlined under Application Process above.  The School Board shall pay all costs of any examinations and tests determined to be necessary.

SICK LEAVE/WORKERS' COMPENSATION

Should any teacher become injured or disabled while acting in his/her official capacity, other than by assault, the teacher shall be entitled to appropriate worker's compensation benefits and/or sick leave benefits, at the teacher's option, for the period of time while injured or disabled. Any benefits received, however, shall not exceed the total amount of the regular salary the teacher was receiving at the time of injury or disability.  Once the teacher has exhausted all current, accumulated and/or extended sick leave the teacher may have, the teacher shall only be paid appropriate workers' compensation benefits.  The teacher shall be required to present a certificate from a physician certifying such injury or incapacitation.

VESTING OF SICK LEAVE

All sick leave accumulated by a teacher or school employee, but not a bus operator, shall be vested in the teacher or school employee by whom such leave has been accumulated. In the event of the transfer of a teacher or school employee from one school system to another in Louisiana, or upon the return of such teacher or school employee to the same school system within five (5) years or such longer period that may be approved by the School Board to which the teacher or school employee returned, regardless of the dates on which the leave was accumulated or the date of transfer or return of the teacher or school employee, such vested leave which remains unused or for which the employee has not been compensated directly or transferred such days for retirement credit, shall be transferred, returned to, or continued by the School Board and shall be retained to the credit of teacher or school employee.

PAYMENT UPON RETIREMENT OR DEATH

Upon the retirement of any employee, or upon the employee entering DROP, (see section below), or upon the employee’s death prior to retirement, the School Board shall pay the employee or his/her heirs or assigns, for any unused sick leave, not to exceed twenty-five (25) days. Such pay shall be at the daily rate of pay paid to the employee at the time of his/her retirement or death.  (Moved from page 1)

DEFERRED RETIREMENT OPTION PROGRAM (DROP)

Any employee of the St. John the Baptist Parish School Board who participates in the Deferred Retirement Option Program (DROP) shall be eligible for and may elect to receive on a one-time basis severance pay (accrued sick leave up to a maximum of twenty-five (25) days) upon entering DROP on the same basis as any other employee who retires or otherwise leaves employment; otherwise, any accrued sick leave shall be paid only upon final retirement of the employee.

Revised:  September, 1985                                   Revised:  August, 1999

Revised:  July, 1988                                               Revised:  August, 2001

Revised:  December, 1991                                    Revised:  September, 2001

Revised:  May, 1992                                              Revised:  September, 2004

Revised:  July, 1992                                               Revised:  November 6, 2008

Revised:  December, 1992                                    Revised:  October 18, 2012

Revised:  December, 1995                                    Revised:  July, 2014

Ref:      La. Rev. Stat. Ann. ''14:125, 17:425, 17:425.1, 17:500, 17:500.1, 17:500.2, 17:1200, 17:1201, 17:1202, 17:1205, 17:1206, 17:1206.1, 17:1206.2; Board minutes, 4-2-88, 2-6-92, 5-14-92, 11-6-08, 10-18-12.

FILE:  KG:  USE OF FACILITIES

GENERAL PROVISIONS

The St. John the Baptist Parish School Board believes that the function of school facilities is to accommodate approved school programs for students and to assist in meeting the educational, cultural, civic, social, and recreational needs of the community.

The use of school facilities by the community is considered a secondary function and shall be scheduled at times which do not interfere with regular school activities and athletic events including play-off games. For this reason school facilities will be available to the community for use only after 4:00 p.m. on school days when a school day does not follow.

REQUEST REFUSAL

The School Board reserves the right to refuse any facilities request which:

1.              Concerns any activities prohibited by state, local, and/or School Board laws and/or policies;

2.              Is made for the purpose of regular commercial ventures or business for profit;

3.              Is made by anyone who has failed to follow policy KG, Use of School Facilities;

4.              Is considered contrary to the best interests of the school system.

Any decision to refuse a request rests with the School Board and/or the Superintendent.  School principals may recommend that a request be refused for stated reasons.  Should a request be refused by a principal, the organization making the request is obliged to relay the refusal to the Central Office for solicitation of the principal’s “stated reasons.”  All like organizations will be treated equitably with regard to refusal of requests.

REQUEST PROVISIONS

The use or school facilities by the community shall be based on a pre-numbered and properly documented Use of Facilities Request/Lease form.

The form must be obtained from the School Board office.  When a request form is obtained from the School Board office the requester must submit the following information:

Ø  Organization/User Name

Ø  Organization/User Address

Ø  Organization/User telephone Number

Ø  Organization/User Contact Person Name

Ø  Contact Person Address

Ø  Contact Person Telephone Number

The agreement shall contain, but not limited to the following:

1.              A “hold Harmless” statement having the effect of holding the School Board free from any liability that may arise while the facilities are in use.

2.              A statement by the user claiming that they have been apprised of, understand and agree with the monetary terms of the agreement and the policy KG, Use of School Facilities.

3.              A statement that the user shall assume all responsibility for damages and/or maintenance expenses incurred, directly or indirectly resulting from their use.

RENTAL OF SCHOOL FACILITIES (BUILDINGS AND GROUNDS)

The School Board cannot legally absorb any cost for use of its facilities by any non-school system group. This amounts to a donation of public funds, which is not legal.

School rentals are divided into six categories with the following charges:

1.          Normal function rental (i.e. wedding receptions, parties, non-school dances, etc.)

These rentals are basically everything that is not rented by a non-profit organization or where a cooperative endeavor is not entered into.  The fees for this type of rental will be for a minimum of four-hour blocks for $ 750 per block without the use of kitchen and $ 900 per block with the use of the kitchen. The function can exceed the allotted four hours by an additional two hours.  The user will be charged the regular hourly rate for all hours over the four hour minimum.   The School Board will only accept certified checks, cashier’s checks, money orders or credit cards.

2.          Non-profit organizations – A non-profit organization is an organization approved by the internal revenue service as non-profit and is not a governmental agency.  A $500 deposit will be required for non-profit organizations.  Non-profit organizations will be charged actual costs only, as long as the function is not for profit and the use is related to the purpose of the nonprofit organization. Actual costs of usage must be paid including utilities and the use of school employees.  The final costs will be deducted from the deposit before it is refunded.  An estimate of the fee can be given if requested.  When computing the school employee cost, the actual hourly wage rate will be used times a benefit rate of 30% times the actual number of hours worked.  The School Board will only accept certified checks, cashier’s checks or money orders.

             The utility rate per hour for non-profit use is $ 20/ hour.

3.          Cooperative endeavors

             A cooperative endeavor can be entered into whereby the School Board can absorb some or all of the costs associated with the rental as long as the school system benefits from the use. Only the Board can enter into this type of agreement.

4.          Functions given to benefit a community need (i.e. benefit supper)

The School Board recognizes that its buildings are part of the community.  If a function is given for a community need, the person/organization will be charged a flat $750 without a deposit.  The principal will determine a “community need”.  His/her decision can be appealed to the Superintendent and then to the Board.  All other rules for the facility will be followed.

5.          School-related function

A school can use its facilities, in conjunction with another organization, for a function that directly benefits St. John the Baptist Parish School System students.  Only the Superintendent can approve this type of facility use.  Because this is school-related, all fees are waived. 

6.          Repass Rental

The school can be used for a repass function limited to two (2) hours. The fee will be $ 250.

RULES FOR FACILITY USE

1.              One school employee must be present for the opening (unlocking), the use and closing (locking) of any facility used by a non-school system group.

2.              School system custodians will be used for clean-up after use by any non-school system group.  Two school custodians will be approved for four hours of cleaning or one custodian for eight hours.

3.              The user will be allowed four hours for decorating and must be accompanied by a School Board employee.  Only decorations will be allowed that will not permanently damage the site.  The School Board employee will be approved for those four hours.

4.              After approval of all uses, the principal shall schedule the function and use of custodians.

5.              Under no circumstances shall any furniture or equipment be moved from one school to another except for school related activities.

6.              A school system cook must be present for the entire time of any approved use involving kitchen equipment.  The cook will be approved for six hours. In the interest of safety, there shall be no exception to this provision.   After approval of all uses involving kitchen equipment, the lunch department shall be notified of the particulars to make a determination of and schedule the use of cooks.

7.              For all normal function rentals a deputy will be present at all times during the     function.  It is the responsibility of the principal to schedule a deputy.  The School Board will pay the deputy for five hours for a four hour function and nine hours for an eight hour function.  The school employee assigned to the function will be instructed to cancel the function if a deputy is not present.

8.              Facility rentals will only be approved if all fees are paid at least two weeks prior to the scheduled event.

9.              All users/renters shall carry General Liability insurance with a limit of no less than $ 1,000,000 combined single limit and provide a Certificate of Insurance, as evidence, including St. John the Baptist Parish School District being named as an Additional Insured.  If alcohol is to be consumed during event, the liability policy shall contain a provision to cover alcohol consumption.    

Revised:  July, 1994                                               Revised:  June, 2005

Revised:  September, 1994                                   Revised:  March, 2009

Revised:  July, 1999                                               Revised:  February 17, 2011

Revised:  May, 2003                                              Revised:  December 1, 2011

Ref:      La. Rev. Stat. ''17:81, 17:24; Board minutes, 4-14-94, 6-3-99, 4-3-03, 3-17-05, 1-14-09, 2-17-11.

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ITEM 10.  ADMINISTRATIVE MATTERS

ITEM 11.  BOARD ITEMS OF INTEREST

Mr. Sanders asked the Superintendent to look into the possibility of hosting a “Virtual Academy” next summer similar to the one run by St. Helena Parish this past summer.  Mr. George replied that administration is already looking into different options for our students next summer.

Mr.Wise stated that he would like to see some sort of supplemental course academy, putting emphasis on offering summer school course to students who did not fail, but to offer them extra courses during the summer.  Mr. Wise also asked administration to look into the traffic problem at LaPlace Elementary School.  Mr. George stated that he had met recently with the Parish President, the Sheriff and their staffs regarding the traffic problem.  Mr. Burl asked that all schools have their traffic looked at, especially when it is raining.

Rev. Nicholas asked school board attorney Orenthal Jasmin if he had a DBE policy to be reviewed by the board.  Mr. Jasmin stated that he is working on it, but before the board approves such a policy, it must be reviewed by GOHSEP and FEMA to ensure that the policy does not put federal dollars in jeopardy.  Mr. Jasmin stated that he is hoping to have something for the board to look at before September 4^th.

Mr. Burl stated that he would like the formation of a Construction Committee on the next agenda.

Rev. Nicholas asked Mr. Oubre to explain how the Discipline Committee is formed.  Mr. Oubre stated that it is in our policy manual and he follows that policy to form the committee each year.

Mr. Oubre stated that the enrollment count is up by 15 students compared with the 10^th day last year.

Mr. Jones asked the superintendent to please explain the  issue on transporting band students to football games.  Mr. George explained that the policy does not allow for the board to pay for the transportation of the band.  The board gives the schools an athletic allotment ($90,000 for ESJH and $45,000 for WSJH) each year that can be used for the transportation costs of the band and extracurricular teams.

Mr. Burl asked the Superintendent if the new music teachers were given they tools they need for this year.  Mr. George stated that the purchase orders had been issued and they were waiting on the goods to come in, but everything they need had been ordered.

Mr. Sanders stated that he was under the impression that Head Start has had some transportation issues. He asked that Mr. Vales send a letter to parents regarding the new law about crossing the street.  Mr. George stated that the LSBA Transportation Specialists was doing some research for clarity on this new law.

ITEM 12.  ADJOURNMENT - The agenda having been completed, and there being no further business, there was a

MOTION BY:    Rev. Nicholas

SECOND BY:   Mr. Triche

MOTION:          Motion for adjournment.

There were no objections.

The meeting adjourned at 7:45 p.m.

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Kevin R. George, Secretary

________________________________

Clarence Triche, President