Through
its employment policies, the Sutton School District will strive to attract,
secure, and hold the highest qualified personnel for all professional positions.
The selection process will be based upon an awareness of candidates who will
devote themselves to the education and welfare of the children attending the
schools.
It is
the responsibility of the superintendent, and of persons to whom he or she
delegates this responsibility, to determine the personnel needs of the school
system and to identify suitable candidates. No position may be created without
the approval of the school committee. The district’s goal is to employ and
retain highly qualified personnel who are motivated, will strive always to do
their best, and are committed to providing the best educational environment for
the children.
It is
the responsibility of the superintendent to see that persons employed in the
schools meet all certification requirements for the type of position for which
the nomination is made.
The following guidelines will be used in the selection of personnel:
1.
There will be no discrimination in the hiring process due to age, sex, creed,
race, color, national origin, disability, sexual
orientation, or place of residence.
2. Staff enhances the quality of instruction with a wide variation in
background, education, and previous experience.
3. The administrator is responsible for hiring of a professional staff member
(in the case of district-wide positions, for the position of principals, the
superintendent. For building based personnel, the principal) is directed to
establish a representative screening committee. The administrator has the final
say in determining who will be hired but it is expected that the screening
committee’s input will be a factor in the decision.
4. When relatives or spouses are employed by the system, neither relative nor
spouse shall have a direct supervisory or
administrative relationship with the other.
Adopted June 2, 2003
C.O.R.I.
REQUIREMENTS
It shall be the policy of the Sutton Public Schools to obtain all available Criminal Offender Record Information (C.O.R.I.) from the criminal history systems board of prospective employee(s) or volunteer(s) of the school department including any individual who regularly provides school related transportation to children, who may have direct and unmonitored contact with children, prior to hiring the employee(s) or to accepting any person as a volunteer. State law requires that school districts obtain C.O.R.I. data for employees of taxicab companies that have contracted with the schools to provide transportation to pupils.
The superintendent, principal or their certified designees shall periodically, but not less than every three years, obtain all Criminal Offender Record Information from the criminal history systems board on all employees, individuals who regularly provide school related transportation to children, (including taxicab company employees), and volunteers who may have direct and unmonitored contact with children during their term of employment or volunteer service.
The superintendent, principal, or their certified designees may also have access to Criminal Offender Record Information for any subcontractor or laborer who performs work on school grounds and may have direct and unmonitored contact with children, and shall notify them of this requirement to comply with the appropriate provisions of this policy.
Pursuant to a Department of Education C.O.R.I. Law advisory dated February 17, 2003, “Direct and unmonitored contact with children” means contact with a child when no other C.O.R.I. cleared employee of the school or district is present. A person having only the potential for incidental unsupervised contact with children in commonly used areas of school grounds, such as hallways, shall not be considered to have the potential for direct and unmonitored contact with children. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized and separated by sight or sound from other staff) that are accessible to students.”
In accordance with state law, all current and prospective employees, volunteers, and persons regularly providing school related transportation to children of the school district shall sign a request form authorizing the district to obtain all available C.O.R.I. data from the Criminal History System Board. In the event that a current employee has questions concerning the signing of the request form, he/she may meet with the principal or superintendent; however, failure to sign the C.O.R.I. request form may result in a referral to legal counsel for appropriate action. Completed request forms must be kept in secure files. The school committee, superintendent, principals or their designees certified to obtain information under this policy, shall prohibit the dissemination of school information for any purpose other than to further the protection of school children.
C.O.R.I. is not subject to the public records law and must be kept in a secure location, separate from personnel files and may be retained for not more than three years. C.O.R.I. may be shared with the individual to whom it pertains, upon his or her written request, and in
the event of an inaccurate report the individual should contact the Criminal History Systems Board.
Access to the C.O.R.I. material must be restricted to those individuals certified to receive such information. In the case of prospective employees or volunteers, C.O.R.I. material should be obtained only where the superintendent has determined that the applicant is qualified and may forthwith be recommended for employment or volunteer duties.
The hiring authority, subject to applicable law, reserves the exclusive right concerning any employment decision made pursuant to Chapter 385 of the Acts of 2002. The employer may consider the following factors when reviewing C.O.R.I.: the type and nature of the offense, the date of the offense and whether the individual was subsequently arrested, as well as any other factors the employer deems relevant.
The superintendent shall:
Ø Ensure that all applications for employment and/or volunteer forms include a statement that, as a condition of employment or volunteer service, the school district is required by law to obtain Criminal Offender Record Information for any employee or individual who regularly provides school related transportation, or volunteer who may have direct and unmonitored contact with children. Current employees, persons regularly providing school related transportation, and the superintendent prior to the periodic obtaining of their Criminal Offender Record Information shall also inform volunteers in writing,
Ø Amend employment applications to include questions concerning criminal records (see Appendix A), which the Massachusetts Commission Against Discrimination has determined may be legally asked of prospective employees. Any employment application which seeks information concerning prior arrests or convictions of the applicant is required to include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer “no record” to an inquiry herein relative to prior arrests, court appearances, and adjudications in all cases of delinquency or as a child in need of service which did not result in a complaint transferred to the superior court for criminal prosecution.” Records sealed pursuant to law shall not operate to disqualify a person in any examination, appointment, or application for public service on behalf of the Commonwealth or any political subdivision thereof, and
Ø Revise all contracts with special education schools and other providers to include a signed statement that the provider has met all the legal requirements of the state in which it is located relative to criminal background checks for employees and others having direct and unmonitored contact with children.
As soon as possible after the district obtains the certification from the criminal history systems board to receive C.O.R.I. data, the superintendent shall obtain such data for any person then providing volunteer service, as a condition of continued service.
Adopted,
June 5, 2003
Professional
Development Policy
All staff members will be encouraged in and provided with suitable opportunities for the
development of increased competencies beyond those that they may attain through the
performance of their assigned duties and assistance from supervisors.
Opportunities for professional growth may be provided through such means as follows:
The superintendent will have authority to approve or deny release time for conferences
and visitations, and reimbursements for expenses, provided such activities are within
budget allocations for the purpose.
Adopted January 3, 2000
Physical
Restraint of Students
Maintaining an orderly, safe environment conductive to learning is an expectation of all staff members of the Sutton School District. Further, law from the unreasonable use of physical restraint protects students of the district.
Physical restraint shall be used only in emergency situations after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with two goals in mind:
The following definitions appear in the Code of Massachusetts Regulations at 603 CMR 46.02:
Extended Restraint: A physical restraint the duration of which is longer than twenty (20) minutes.
Physical Escort: Touching or holding a student without the use of force for the purpose of directing the student.
Physical Restraint: The use of bodily force to limit a student’s freedom of movement.
The use of mechanical or chemical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent/guardian. The use of seclusion restraint is prohibited in public education programs. These terms are defined as follows:
Mechanical Restraint: The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered a mechanical restraint.
Seclusion Restraint: Physically confining a student alone in a room or limited space without access to school staff. The use of “time out” procedures during which a staff member remains accessible to the student shall not be considered “seclusion restraint.”
Chemical Restraint: The administration of medication for the purpose of restraint.
Each building principal will identify staff members to serve as a school-wide resource to assist in ensuring proper administration of physical restraint. These staff members will participate in an in-depth training program in the use of physical restraint, which the Department of Education recommends be at least sixteen (16) hours in length.
Only school personnel who have received training pursuant to 605 CMR 46.00 shall administer physical restraint on students. Whenever possible the administration of physical restraint shall be administered in the presence of at least one adult who does not participate in
the restraint. A person administering physical restraint shall only use the amount of force necessary to protect the student from injury or harm.
In addition, each staff member will be trained regarding the school’s physical restraint policy. The principal will arrange training to occur in the first month of each school year, or for staff hired after the beginning of the school year, within a month of their employment.
Physical restraint is prohibited as a means of punishment, or as a response to destruction of property, disruption of school order, a student’s refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm to the student or others.
A member of the school committee or any teacher or any employee or agent of the school committee shall not be precluded from using such reasonable force as is necessary to protect pupils, other persons, or themselves from an assault by a pupil.
The program staff shall report the use of physical restraint that lasts longer than five (5) minutes, or results in injury to a student or staff member. The staff member shall inform the administration of the physical restraint as soon as possible, and by written report, no later that the next school day. The principal or director or his/her designee shall retain an ongoing record of all reported instances of physical restraint, which, upon request, shall be made available to the Department of Education.
When a restraint has resulted in serious injury to a student or program staff member or when an extended restraint has been administered, the program shall provide a copy of the required report to the Department of Education within five (5) school working days of the administration of restraint.
Adopted November 4, 2002
Evaluation
of Professional Staff
In order to assure a high quality of teacher and administrator performance and to advance the instructional programs of the schools, the school committee will establish a continuous program for teacher and administrator evaluation. Regular reports will be made to the superintendent concerning the outcomes of these evaluations. The superintendent will provide a summary of the evaluations to the school committee for the purpose of monitoring the process and discussing the needs of the district in terms of staffing and professional development.
The evaluation process will include:
The evaluation process may include self‑evaluation, peer evaluation, supervisor‑initiated observations and/or teacher‑initiated observations.
The formal evaluations will be written and will be discussed by the supervisor and the person being evaluated. The discussions may precede and/or follow the writing of the evaluation document. Copies of the Sutton School Department Record of Observations form will be signed by both parties and incorporated into the personnel files of the teacher or administrator. In addition, the individual will receive a signed copy. The signatures should indicate that the evaluation has been read and discussed.
The written evaluation should be specific in terms of the person's strengths and weaknesses. Those areas where improvement is needed should be clearly set forth and recommendations for improvement should be made. Subsequent evaluations should address themselves to amp improvement or to any continuing difficulty that is observed
Evaluation of Professional Staff
M.G.L. 71:38 reads in part:
The school committee upon the recommendation of the superintendent shall establish performance standards for teachers and other school district employees, provided that where teachers are represented for collective bargaining purposes, all teachers' performance standards shall be determined as follows:
The school committee and the collective bargaining representative shall undertake for a reasonable period of time to agree on teacher performance standards.
Prior to said reasonable period of time; the school district shall seek a public hearing to comment on such standards.
In the absence of an agreement, after such reasonable time teacher performance standards shall be determined by binding interest arbitration.
Either the school district or the teachers' collective bargaining representative may file a petition seeking arbitration with the commissioner of education.
The performance standards developed either by mutual agreement or as a result of arbitration will be incorporated in the collective bargaining agreement and may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to M.G.L. 71:42; 71:42A and 71:63
Evaluation
of Professional Staff Teachers
To bring a desirable degree of consistency and uniformity to the evaluation process, the following procedures will be observed:
The substance of the teacher's evaluation will be based on the basic function of the teacher, as the school committee understands it. Specifically, the teacher must institute and direct learning activities compatible with the philosophy of the school system. These learning activities should lead to the acquisition of knowledge and promote the maximum development of desirable behavior, skills, habits, attitudes, appreciations, beliefs, and standards.
Therefore, teachers will be appraised in terms of the following characteristics, qualities and demonstrated skills:
Adopted January 19, 2004
Staff
Disciplinary Procedures
When formal
disciplinary action is necessary, it shall be applied in a fair and consistent
manner. A structured hearing procedure to insure due process shall be followed
in each case. The regular administrative channels shall serve as an appeal
procedure. Disciplinary actions shall include, but not be limited to:
Building Level:
Superintendent Level:
e.
Denial of salary increment,
f.
Suspension, or
g.
Termination
Adopted
November 4, 2002
Suspension
and Dismissal of Professional Staff Members
The superintendent will strive to assist personnel to perform their duties efficiently. However, the superintendent may dismiss any employee in accordance with state law. Further, the committee recognizes the constitutional rights of the district’s employees and assures them the protection of due process of law. To guarantee such rights, a system of constitutionally and legally sound procedures will be followed in each case of suspension or dismissal of an employee.
When the superintendent or a principal determines that sufficient cause exists that a professional employee be suspended or dismissed from service in the school system, he or she will:
Ø Be certain that each such case supported by defensible records,
Ø Determine if the individual is to be suspended immediately with the understanding that the suspension will be subject to restoration of salary and position if an appeal is decided in favor of the individual,
Ø Follow the procedures for dismissal of suspension that are contained in applicable laws as well as those included in the current agreement with the Sutton Teachers Association,
Ø Provide the individual involved with a written statement that will:
Suspension
of Staff Members
The committee recognizes that the circumstances can arise wherein the suspension of an employee may be the most desirable course of action. Section 42D of Chapter 71 of Massachusetts General Law is specific for certificated employees.
The superintendent or any other school official designated for the purpose, by the superintendent, may…suspend for a period of not more than five days an employee for unbecoming conduct or for any other cause which such superintendent or official deems adequate.
The superintendent may direct a leave of absence with pay for a period not to exceed five days for unbecoming conduct or for other causes, which the superintendent deems adequate.
Adopted November 4, 2002
Gifts
to Staff and Administration
The Sutton School District shall prohibit the acceptance of gifts by district employees from any individual or parent or concern that the school buys from, sells to, or exchanges goods or services with, or from other educational institutions during a given holiday season.
Adopted November 1996
Substitute
Policy
Substitute teachers will be paid as follows:
Adopted May
5, 2003