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409 PROFESSIONAL PERSONNEL

Revised: March 12, 2008 A. Employment of Professional Staff The Board of Education has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the board assigns the superintendent the process of recruiting staff members and recommending their employment to the board. In carrying out this responsibility the superintendent may involve various administrative and teaching staff members. All personnel selected for employment must be recommended by the superintendent and approved by the board. To aid in obtaining the best available staff members for our schools, the board adopts the following general criteria which shall be utilized in the selection process for employment of professional staff members: 1. There shall be no discrimination in the hiring process due to age, sex, creed, race, color or national origin. 2. Candidates for junior and senior high school positions must have a major or its equivalent in the field in which they intend to teach. Elementary candidates must have a major or its equivalent in elementary education or in the special area to which they will be assigned. 3. Candidates for teaching positions must have a minimum of a Bachelor of Science or a Bachelor of Arts degree. 4. Candidates for teaching positions must provide evidence of having met State requirements for regular certification status. In cases of emergency, holders of temporary certificates may be employed in regular, full time capacity not to exceed one year. The employment of any staff member is not official until the contract is approved by the board. The employment sequence shall be as follows: i. The offer of employment to the candidate by the superintendent or his/her designee, ii. The acceptance of the contract by the candidate, iii. Approval of the candidate by the board of education and signing of the contract by the clerk and the chairperson of the board. B. Administrative Procedure to be Followed in Employing Professional Staff Administrators are responsible for the recruitment, interviewing, and recommendation for employment of all professional staff. Toward that end, the following procedure will be used: 1. All positions will be posted in accordance with the the provisions of the master contract. 2. Positions will be listed with various college placement agencies as administrators may determine to be necessary. 3. Administrators will interview the candidates they feel are most qualified and may offer the best candidate a contract. However, this contract is not a formal offer of employment by the board. It is rather to be considered a willingness by the candidate to accept a position if formally approved by the board. C. Assignment of Professional Personnel The basic consideration in the assignment of professional personnel in the schools is the well-being of the program of instruction. The appropriateness of the assignment will have a significant impact on the morale of the professional staff and the effectiveness of the total education program. It is the policy of the board that instructional personnel be assigned on the basis of their qualifications, the needs of the district, and their expressed desires. When it is not possible to meet all three conditions equally, personnel shall be assigned first in accordance with the needs of the district, second where the administration feels the employee is most qualified to serve, and third, as to expressed preference of employees. They shall be assigned in order of seniority, all other considerations being equal. D. Extra Assignment Policy The school board or its designated representative may assign teachers to extra-curricular or co-curricular assignments subject to established compensation for such services which exceed the teaching or non-teaching services prescribed in the basic contract. Letters of notification shall be used to inform the teacher of an extra assignment and whenever possible shall be issued on the same dates as are the teachers' contracts. Prior to the issuance of a letter of notification, the teacher may request in writing to be relieved of an assignment for the next school year. When, in the opinion of the administration, a competent replacement can be secured, the teacher's request will be honored. If, however, an emergency exists and no competent replacement is available, a discussion will be held with the teacher and a letter of notification may be issued. The teacher is then obliged to complete the assignment to the best of his/her ability. When a teacher is not to be assigned to a particular function for the coming year, he/she shall be notified prior to the date of the issuance of the letter of notification. (The principal shall discuss with the teacher the reasons for his/her termination of the assignment. If the teacher so desires, he/she may appeal the decision to the superintendent. In as much as these are administrative decisions, no further appeal may be made). E. Evaluation of Professional Personnel Every employee in the district shall be evaluated by the administration on a yearly basis and evaluation shall be kept on file permanently in the district office. Evaluations are to be in full accordance with the law and each employee's evaluation is to be reviewed by the board at their request. All observations of the teaching performance of any teacher shall be conducted openly and with the full knowledge of the teacher. No teacher shall receive adverse comments from any observer in the presence of pupils. Each teacher shall be given his/her evaluation report and have the opportunity to discuss such report with his/her principal. Any adverse evaluation of a teacher's performance filed by the teacher's principal may be subject to the grievance procedure established by board policy, but only on the grounds of bad faith and/or discrimination. Upon written request each teacher shall have the right to review at a time mutually convenient the contents of his/her file in the central office, excepting confidential references. At the teacher's request a witness of his/her choice may accompany him/her. The review shall be made in the presence of the administrator. Facilities shall be available for the teacher to make copies of such contents. A fee will be charged for any copies that are made. A teacher shall have the right to answer in writing any complaints filed in the file and the answers shall be attached to the complaint and reviewed by the superintendent. F. Tenure Subject to M.S. 122A.40, Subd. 5, the first three consecutive years of a teacher's first teaching experience in Minnesota in a single school district shall be deemed to be a probationary period of employment, and after completion thereof, the probationary period in each school district in which he/she is thereafter employed shall be one year. Upon completion of these requirements, the teacher shall be placed on tenure. G. Transfer of Professional Personnel Transfer and exchange of teachers is desirable and is encouraged. The challenge of a new position, the stimulation of changed surroundings, the chance to extend one's circle of friends, and other factors incidental to a change of position can mean increased effectiveness in the classroom, more friendliness and democracy in the school, and a higher morale throughout the staff. To this end teachers should feel free to request transfers at any time. A number of factors determine which requests for transfer may be granted. First consideration must be given to the best interests of the students. In order to protect these interests, it is essential that the best possible staff be maintained in each building. For this reason it is not possible to grant all requests for transfer. The superintendent has the responsibility for the assignment of all personnel in the schools. When it is desirable or necessary to transfer teachers and when such a transfer is to the best interests of the students, the established procedure for assignment shall serve as a guide. H. Non School Employment of Professional Personnel Employees shall not at any time engage in any employment that would affect their usefulness as employees in the system in a negative way or which would make time and/or energy demands on them which could interfere with their effectiveness in performing their regularly assigned duties. Neither shall they engage in any employment which would compromise or embarrass the school system, adversely affect their employment status or professional standing or would in any way conflict with assigned duties. Employees shall not engage in any other employment or in any private business during the hours necessary to fulfill appropriate, assigned duties. The personal life of an employee shall be the concern and warrant the attention of the board only as it may directly prevent the employee from properly performing his/her assigned functions during duty hours or as it may violate state, national, local or common law or as it may be prejudicial to his/her effectiveness in teaching. I. Separation of Professional Personnel The board may terminate the contract for due and sufficient cause, provided the employee is notified in writing that termination of contract is under consideration. In such event, the employee has the right within the time specified to request the board for written reason of its action and to have a public hearing with or without counsel. The board shall recognize the following considerations concerning dismissals: 1. Inefficiency or incompetence. 2. Insubordination against reasonable rules of the board. 3. Moral misconduct. 4. Disability as shown by competent medical evidence. 5. Elimination of the position to which the teacher was appointed if no other position exists to which he/she may be assigned as qualified. 6. Other due and sufficient cause. The superintendent shall have the authority to terminate the employment of all non-tenure professional personnel other than administrators. The superintendent shall make written recommendations to the board concerning an employee on tenure who in his/her judgment should be dismissed. J. Unrequested Leave of Absence When declining enrollment, budgetary restrictions, changes in facilities or programs or other conditions necessitate that a teacher be placed on unrequested leave of absence, the provisions of Article XIV of the Teachers' Master Agreement shall be followed. K. Professional Negotiations: Goals and Objectives The Teachers' Association of District #363 and the board enter into negotiations for the purpose of establishing a democratic atmosphere in which to work, to provide quality education under good working conditions, and to provide an orderly method of disposing of grievances and disputes. Attainment of objectives of the educational program of the district requires mutual understanding and cooperation between the board and the professional teaching personnel. The district and association recognize their mutual responsibility to meet at reasonable times and negotiate in good faith with respect to wages, hours, and working conditions. Both parties agree to deal with each other openly and fairly and to sincerely endeavor to reach agreement on items being negotiated. 1. Board Rights and Duties: The board, as the duly constituted representative of the people and as the agent of the State, is legally responsible for the conduct of public education in the district and its authority to make final decisions as provided for by law may not be delegated or abdicated. The board's rights include, but are not limited to, all matters relating to the management of the schools and its administration, the employment and direction of staff and the determination of the district program of instruction. The board has the duty, under law, to negotiate with professional staff on matters of salary and certain other conditions of employment. It is the policy of the board to hire a consultant, if needed, to serve as chief negotiator with the professional staff. More members of the administrative staff may also be appointed to serve on the board's negotiating committee. School board rights and teachers' rights are further defined in Articles IV. and V. of the Teachers' Master Agreement. 2. Superintendent's Role: The superintendent is to be present at all negotiations between teachers and board (unless excused by the negotiations team). Out of his/her knowledge of the school system and practices elsewhere followed, the superintendent is expected to provide information and counsel both to the board and to the teachers. The superintendent is to advise both the board and the teachers' association in accord with his/her best professional judgment and should be actively involved in all proceedings between the two groups. 3. Professional Staff Rights and Responsibilities: The salary committee shall not discriminate against teachers in the exercise of their right to freely and without fear of penalty and reprisal, form, join and assist any employee organization or to refrain from any such activity. Except as expressly provided, the freedom of teachers to assist the association shall be recognized as extending to participation in the management of the association and acting for it in the capacity of an organization representative. Each teacher shall continue to have the right to bring matters of personal concern to the attention of the appropriate officials of the board. The board recognizes the South Koochiching/Rainy River Education Association local as the exclusive representative of all professional staff below the rank of principal. 4. Bargaining Meeting Procedures: Meetings held for the purpose of discussing problems of common concern shall be held at the Northome School or the Indus School. In order for an item to appear on the official board meeting agenda, said item shall be submitted in writing to the superintendent at least seven (7) days prior to the meeting date. Any such item of common concern shall be limited to items that are on the official agenda. At such meeting wherein negotiating representatives are meeting with the board to discuss items and/or problems of common concern, a short time shall be allowed for a caucus break. 5. Announcement of Agreement: When final agreement is reached, the main professional agreement shall be reduced to writing and when approved by the association and the board and signed by the parties involved shall become a part of the official minutes of the board and of the association. The terms and conditions of the agreement shall become a part of the school board policies and shall represent the full and complete understanding and contract concerning the terms and conditions of employment between the parties. 6. Notice of "Intent to Strike:” Whenever the district receives the "Intent To Strike" notice from teachers, the superintendent shall institute the strike plan as approved by the chairperson; and all parents and employees will be notified of the strike plan. L. Recognition of Teachers' Representative Organization Recognition of the Teachers' Representative Organization has been and will be in accordance with the Public Employment Labor Relations Act of 1971, as amended. M. Insurance Insurance plans are described in Article IX of the Teachers' Master Agreement. Employees shall be terminated from group life insurance at the time of retirement, resignation or termination. N. Pay Schedules Basic schedules and rate of pay are described in Schedules A, B and D of the Teachers' Master Agreement. Extra compensation for extra-curricular and co-curricular activities are described in Schedule C. The Administration is authorized to withhold final pay checks in May until all keys and school materials are checked into the principal's office. 1. Eligibility Deadline for Salary Adjustments: All teachers are on schedule according to their professional degree earned. Individual contracts will be modified to reflect qualified lane changes twice every year providing a transcript of qualified credits is submitted to the superintendent's office no later than September 15th or March 15th of each year. Credits submitted by transcript after the afore mentioned dates shall not be considered until the following consideration date. If a transcript is not available by September 15th or March 15th, other satisfactory evidence of successful completion of the course may be accepted pending receipt of the official transcript. Teachers crossing from one lane to another shall move across the schedule at the current year's salary. 2. Prior Experience Credit: No credit shall be given for outside experience that totals less than six months per year or is done in an ungraded or unaccredited school or on a substitute basis. Out-of-state experience shall be accepted on a par with that in Minnesota. No credit on the salary schedule shall be given for veterans' experience, adult education or travel. Under unusual circumstances, the superintendent, with consent of the board, can grant credit for additional outside teaching experience. 3. Increments in Salary Schedule: Annual increments in the salary are intended to serve as rewards for diligent and satisfactory service. The salary schedule is not to be construed as part of a teacher's continuing contract and the board reserves the right to withhold increments, lane changes or any other salary increase as the board shall determine. The board shall give written notice and the reason for such action. O. Leaves of Absence Leaves of absence for sick leave, workers' compensation, emergency leave, maternity leave, professional and other leaves will be granted in accordance with Article X of the Teachers' Master Agreement. P. Hours of Service and Length of School Year Hours of service and length of school year are set forth in Articles XI and XII of the Teachers' Master Agreement. Q. Grievance Procedure Grievance Procedure is outlined in Article XIII of the Teachers' Master Agreement. R. Professional Development Opportunities Today's dynamic and rapidly changing society makes it imperative that all staff members--teachers, clerical, technical, operations, maintenance, and administrative--be engaged in a continuous program of professional and technical growth. It is the policy of the board that a program of inservice training be established to provide an opportunity for the continuous professional and technical growth of all employees. The administrative staff, employing administrative and management techniques consistent with modern management development, will provide leadership which will assist each staff member to make a maximum contribution to the school district's effort to provide a quality educational program for all students. S. Conferences and Visitations The board may authorize professional leave for attendance of personnel at state meetings without pay deduction. The number of absences allowable for professional leave is a judgment on the part of the board and is subject to budget limitations for employing substitutes and reimbursement for travel, meals, and lodging. T. Professional Publishing The board recognizes that staff members under contract to District #363 may, in carrying out their professional responsibilities, develop educational materials for use in the school program. It is understood by the board and the staff members that such materials which are developed as part of regular employment are the property of School District #363. It is also understood that educational material created during the leisure hours when a staff member is not fulfilling his/her contractual duties to the district are the property of the staff member. Members of the school district staff shall be encouraged to contribute professional articles to such publications as are interested in publishing them. It should be remembered, however, that a staff member's major responsibility shall be the education of the students. Staff members, submitting for publication articles in which the school district is mentioned, are requested to submit such articles to the principal for clearance before releasing them for publication. U. Staff Conflict of Interest No employee of District #363 shall engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with his/her duties and responsibilities. Employees shall not engage in work of any type where the source of information concerning customer, client or employee originates from any information obtained through the school system. No member of the professional staff shall participate in any activity other than in teaching for which he/she receives financial remuneration where his/her position as a member of the professional staff is used or could be interpreted as being used to sell or promote the sale of goods or services to the pupils or patrons of the district. Any employee who has patented or copyrighted any device, publication or other item is forbidden to receive any royalties arising from the use of said device, publication or other item by District 363. V. Gifts to Staff Members Pupils, parents and other patrons of the district shall be discouraged from the routine presentation of gifts to district employees. When a pupil feels a spontaneous desire to present a gift to a staff member, the gift shall not be elaborate or unduly expensive. The board shall consider as welcome, and in most cases more appropriate than gifts, the writing of letters to staff members expressing appreciation or gratitude. This shall not be interpreted as intended to discourage acts of generosity in unusual situations, and simple remembrances expressive of affection or gratitude shall not be regarded as violation of this rule. W. Code of Ethics for Teachers Principle I Commitment to the Student We measure success by the progress of each student toward achievement of his/her maximum potential. We therefore work to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. We recognize the importance of cooperative relationships with other community institutions, especially the home. In fulfilling our obligations to the student, we... 1. Deal justly and considerately with each student. 2. Encourage the student to study varying points of view and respect his/her right to form his/her own opinion and judgment. 3. Withhold confidential information about a student or his/her home unless we deem that its release serves professional purposes, benefits the student or is required by law. 4. Make discreet use of available information about a student. 5. Conduct conferences with or concerning students in an appropriate place and manner. 6. Refrain from commenting unprofessionally about a student or his/her home. 7. Avoid exploiting our professional relationship with any student. 8. Tutor only in accordance with officially approved policies. 9. Inform appropriate individuals and agencies of the student's educational needs and assist in providing an understanding of his/her educational experience. 10. Seek constantly to improve learning facilities and opportunities. Principle II Commitment to the Community We believe that patriotism in its highest form requires dedication to the principles of our democratic heritage. We share with all other citizens the responsibility for the development of sound public policy. As educators, we are particularly accountable for participating in the development of educational programs and policies and for interpreting them to the public. In fulfilling our obligations to the community, we... 1. Share the responsibility for improving the educational opportunities for all. 2. Recognize that each educational institution may have a person authorized to interpret its official policies. 3. Acknowledge the right and responsibility of the public to participate in the formulation of educational policy. 4. Evaluate through appropriate professional procedures conditions within a district or institution of learning, make known serious deficiencies, and take any action deemed necessary and proper. 5. Use educational facilities for intended purposes consistent with applicable policy, law, and regulation. 6. Assume full political and citizenship responsibilities but refrain from exploiting the institutional privileges of our professional positions to promote political candidates or partisan activities. 7. Protect the educational program against undesirable infringement. Principle III Commitment to the Profession We believe that the quality of the services of the educational profession directly influences the future of the nation and its citizens. We therefore exert every effort to raise educational standards, to improve our service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. Aware of the value of united effort, we contribute actively to the support, planning and programs of our professional organization. In fulfilling our obligations to the profession, we... 1. Recognize that a profession must accept responsibility for the conduct of its members and understand that our own conduct may be regarded as representative. 2. Participate and conduct ourselves in a responsible manner in the development and implementation of policies affecting education. 3. Cooperate in the selective recruitment of prospective teachers and in the orientation of student teachers, interns and those colleagues new to their positions. 4. Accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities and support them when unjustly accused or mistreated. 5. Refrain from assigning professional duties to nonprofessional personnel when such assignment is not in the best interest of the students. 6. Refrain from exerting undue influence based on the authority of our positions in the determination of professional decisions by colleagues. 7. Keep the trust under which confidential information is exchanged. 8. Make appropriate use of time granted for professional purpose. 9. Interpret and use the writings of others and the findings of educational research with intellectual honesty. 10. Maintain our integrity when dissenting by basing our public criticism of education on valid assumptions as established by careful evaluation of facts or hypotheses. 11. Represent honestly our professional qualifications and identify ourselves only with reputable educational institutions. 12. Respond accurately to requests for evaluations of colleagues seeking professional positions. 13. Provide applicants seeking information about a position with an honest description of the assignment, the conditions of work and related matters. Principle IV Commitment to Professional Employment Practices We regard the employment agreement as a solemn pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service. Sound professional personnel relationships with governing boards are built upon personal integrity, dignity, and mutual respect. In fulfilling our obligations to professional employment practices, we.... 1. Apply for a position on the basis of professional and legal qualifications. 2. Apply for a specific position only when it is known to be vacant and refrain from such practices as underbidding and commenting adversely about other candidates. 3. Fill no vacancy except where the terms, conditions, policies, and practices permit the exercise of our professional judgment and skill and where a climate conductive to professional service exists. 4. Adhere to the conditions of a contract or to the terms of an appointment until it either has been terminated legally or by mutual consent. 5. Give prompt notice of any change in availability of service in status of applications or in change of position. 6. Conduct professional business through the recognized educational and professional channels. 7. Accept no gratuities or gifts of significance that might influence our judgment in the exercise of our professional duties. 8. Engage in no outside employment that will impair the effectiveness of our professional service and permit no commercial exploitation of our professional position.

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