Dare County Schools

RECRUITMENT
Policy Code: 7100
It is the policy of the board that a continuous system of recruitment and selection of personnel be maintained in order to assure the availability of competent candidates for vacancies as needed.

It is the responsibility of the superintendent, with the assistance of the administrative staff, to determine the personnel needs of the school district and to locate suitable candidates to recommend for employment.

The recruitment of employees should extend to a wide variety of educational institutions and geographic areas. The recruitment effort should consider the characteristics of the school district and the need for a heterogeneous staff from various cultural backgrounds.

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Adopted: November 12, 1996

HIRING
Policy Code: 7101
The board will hire personnel only upon the recommendation of the superintendent. All persons nominated for employment will meet certification requirements and the qualifications established for the particular position. All employment contracts are subject to approval by the board.

Legal Reference: G.S. 115C-47, -57, 276(j), -295

Cross Reference:

Adopted: November 12, 1996

SCHOOL SUPERINTENDENT
Policy Code: 7102
The superintendent of the school district will be the executive officer of the board and directly responsible to the board in the performance of his or her duties. Under the direction of the board, the superintendent will supervise all public schools, personnel, and departments. The superintendent will ensure the execution of board policies, faithful and efficient observance of board regulations by all personnel of the school district and the enforcement of all provisions of the law regarding operation of schools.

The superintendent may delegate to other school personnel the exercise of any powers and the discharge of any duties imposed upon the superintendent by these policies or by vote of the board. The delegation of power or duty, however, will not relieve the superintendent of responsibility for the action taken under such delegation.

Legal Reference: G.S. 115C-66, -271, -276(a)

Cross Reference: School Superintendent Legal Status (policy 1200)

Adopted: January 11, 1994

SCHOOL SUPERINTENDENT - QUALIFICATIONS
Policy Code: 7103
To be employed as superintendent of the school district an individual will:

1. be a resident of the school district;

2. hold or be qualified to hold the North Carolina Superintendent's Certificate;

3. have had, within the immediate previous 10 years, a minimum of five years experience as a public school administrator;

4. have good moral character and unquestionable integrity;

5. provide evidence of good health;

6. be elected by majority vote of the board;

7. have entered into a written contract with the board, a copy of which will have been filed with the state superintendent of public instruction;

8. receive approval of the state superintendent of public instruction and the State Board of Education;

9. take an oath of office as provided by law;

10. other items as specified by contract.

Legal Reference: G.S. 115C-271; -272(a)

Adopted: January 11, 1994

RECRUITMENT AND APPOINTMENT OF THE SUPERINTENDENT
Policy Code: 7104
The appointment of a superintendent is a function of the board. When there is a vacancy in the position, the board will post the vacancy and conduct an active search both within and outside the school system to find the person it believes can most effectively translate into action the policies of the board and aspirations of the community.

The board will establish a procedure for screening applications and conducting interviews. This procedure may include seeking the advice and counsel of individuals, an advisory committee, or a consultant employed by the board. However, the final selection of a superintendent will rest with the board.

A vote of a majority of the board members at a meeting for which due notice has been given of the intended action will be required for the appointment of the superintendent.

Legal Reference: G.S. 115C-271

Adopted: January 11, 1994

ADMINISTRATIVE PERSONNEL
Policy Code: 7105
Administrative personnel for the school district will be those individuals recommended by the superintendent and approved by the board and who hold the position of associate superintendent or assistant superintendent.

The superintendent will also recommend to the board for approval those individuals who have supervisory responsibilities including those who hold the position of director, supervisor, or principal.

Legal Reference: G.S. 115C-278; 115C-284

Adopted: January 11, 1994

ADMINISTRATIVE PERSONNEL - RECRUITMENT AND HIRING
Policy Code: 7106
The primary objective in filling a vacant administrative or supervisory position will be to
hire the best available person without regard to race, color, age, sex, creed, disability or
ethnic origin. Experience, proven and potential ability, personality, suitability, training
and level of current certification will be considered.

When an administrative or supervisory position is to be filled, the position must be
posted and applications solicited. The superintendent will send written notification of the
vacancy to each principal and building supervisor for posting in a prominent location. In
addition, the superintendent will make information about the vacancy available to the
general public.

Blanket advertisements soliciting applications for vacancies that exist or might arise in
the future shall be one means of complying with this policy. Openings may be
readvertised at the discretion of the superintendent in order to obtain the best available
persons.

Notice of each vacancy will be posted for a minimum of ten work days prior to filling the
position, unless emergency conditions exist.

No vacancy will be filled without recommendation of the superintendent and approval by
the board.

Legal Reference: N.C. G.S. Section 115C-47

Adopted: January 11, 1994
Revised: November 7, 2006

RECRUITMENT/HIRING OF CLASSIFIED EMPLOYEES
Policy Code: 7108
Upon recommendation of the superintendent, the board will establish and budget for classified positions in the school district on the basis of need and the availability of funds.

The superintendent or designee will maintain a list of vacancies in classified positions and will assist school administrators in filling them. All job openings will be posted in each building owned by the board and announced publicly. All candidates will be considered on the basis of their merits, qualifications, and the needs of the school district.

The board will officially appoint all employees upon the superintendentís recommendation; however, tentative appointments may be made by the superintendent or designee prior to board action.

Legal Reference:

Adopted: November 12, 1996
Revised: October 16, 2001
Effective: November 16, 2001

EMPLOYMENT OF RELATIVES
Policy Code: 7109
The board of education will not place any employee or fill any vacant position with an employee who would be under the direct supervision of a member of that employeeís immediate family. Immediate family is defined in accordance with State Board of Education Personnel Policies as spouse, child, parent, brother, sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandson, granddaughter, stepmother and stepfather.

Should two employees at a particular site enter into one of the familial relationships listed above when one is in a supervisory or evaluative role over the other, one employee will be reassigned as soon as reasonably possible. Any summative evaluation duties will be reassigned immediately.

It is the boardís intent, however, not to discourage relatives of current employees from seeking positions with the school district.

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Adopted: June 11, 1996

Revised: November 12, 1996

CRIMINAL RECORDS CHECK
Policy Code: 7115
A criminal records check will be conducted of all final candidates for licensed positions and classified positions which are in the schools or otherwise would be expected to interact regularly with students. Such positions include substitute teachers, driver training teachers, bus drivers, clerical staff, custodians, teachers, teacher assistants, assistant principals and principals. Criminal records checks will be conducted in accordance with state law and any procedures established by the superintendent.

If a final candidate for employment or hiring as an independent contractor is found to have a criminal record, other than for minor offenses, the superintendent must determine whether the individual poses a threat to the physical safety of students or personnel or has demonstrated that he or she does not have integrity or honesty to fulfill the duties of the position. If the superintendent recommends such a candidate to the board for employment, the board must be notified of the criminal record and the basis for the superintendentís determination.

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Adopted: November 12, 1996

HEALTH EXAMINATIONS
Policy Code: 7120
All employees of the board of education upon initial employment, and those who have been separated from the employment of the board more than one school year, will file in the office of the superintendent, before assuming their duties, a certificate from a physician licensed to practice medicine in the State of North Carolina. Such certificate will certify that the individual does not have tuberculosis in the communicable form, or other communicable disease, or any disease, physical or mental, which would impair the ability of the individual to perform his or her duties.

The board or the superintendent may require any individual to take a physical examination when deemed necessary.

Legal Reference: G.S. 115C-323
Cross Reference:
Adopted: November 12, 1996

TOBACCO-FREE WORKPLACE ENVIRONMENT
Policy Code: 7250
The board of education believes that a smoke-free environment is in the best interest of the health of students, employees, visitors and the general public. Therefore, the school district's students and employees are encouraged to refrain from the use of all tobacco products. We believe that in order for our students to experience a healthful life style, our schools should be free of tobacco and other drugs. Because the use of tobacco and tobacco products has proven to be harmful to one's health, as well as being a "gateway" substance, it is in the best interest of the board of education to limit the use of tobacco in the school district.

Student Policy

Students in all grades K-12, will not possess, smoke or use any tobacco products in any school building, on school grounds, or any school vehicle, at any school-sponsored or school-related activity or authorized school event.

Students will not be permitted to have tobacco, tobacco products, matches, lighters, pouches, rolling papers, pipes, etc., in their possession on the school campus and/or school transportation vehicles.

Disciplinary action associated with the use or possession of any tobacco product will be in accordance with board and school policies, regulations and procedures.

Employee Policy

Employees of the school district will not smoke or use any tobacco products on any school campus or any other facility or vehicle owned or leased by the board of education. No smoking, display or use of tobacco products will be allowed in the presence of students at any time the employee is acting in the course or scope of his or her employment. The prohibition of display of tobacco products will not extend to display that has a legitimate instructional purpose.

General Public and Visitors Policy

Visitors and the general public will not smoke or use any tobacco products in any school building or other facility or vehicle or on any campus owned or leased by the board of education.

Legal Reference: G.S. 115C-407

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Adopted: July 23, 1990
Revised: November 12, 1996
Revised: February 8, 2005

BLOODBORNE PATHOGENS EXPOSURE CONTROL
Policy Code: 7260
In accordance with the regulations established by the United States Department of Labor pursuant to the Occupational Safety and Health Act and the North Carolina Occupational Safety and Health Administration Bloodborne Pathogens Standard, the school district will have in effect a bloodborne pathogens exposure control plan. The plan, which is designed to eliminate or minimize employee exposure to infectious bodily fluids, bodily secretions, or infectious materials, will include appropriate employee training and specific precautions that all employees must take when dealing with blood and other bodily fluids.

For employees with occupational exposure to blood and bodily fluids or other infectious materials, the plan will include appropriate training, provision of hepatitis B vaccinations, universal precautions, and specific work practice precautions to minimize contact with potentially infectious bodily fluids. Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employeeís duties.

A copy of the bloodborne pathogens exposure control plan will be accessible to all employees, and a copy will be maintained in each school unit or department. The plan will be updated as required by state and federal law.

It will be the duty of each employee to familiarize himself or herself with the provisions of the bloodborne pathogens exposure control plan and to comply with the provisions thereof. Failure to comply with the plan will be cause for disciplinary action.

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Adopted: November 12, 1996

COMMUNICABLE DISEASES
Policy Code: 7262
It is the policy of the board to attempt to provide a safe and secure environment for all students and employees. In an effort to maintain a balance between the need to protect the rights of students and employees and to control the spread of serious communicable diseases and conditions, decisions regarding the employment status of employees with communicable diseases or conditions will be made on a case-by-case basis, in accordance with this policy.

In order to prevent the spread of communicable disease and conditions, universal health and safety precautions, including precautions regarding the handling and cleanup of blood and other bodily fluids, will be distributed by the administration and will be followed by all school district employees. In addition, the school district will have in effect a bloodborne pathogens exposure control plan (See GRABA, Bloodborne Pathogens Exposure Control), which will contain universal precautions and specific work practice controls relating to the handling, disposal, and cleanup of blood and other potentially infectious materials. The bloodborne pathogens exposure control plan will be made available at each school or department. Failure to follow universal health and safety precautions or applicable provisions of the bloodborne pathogens exposure control plan may result in disciplinary action against the offending employee. Instances of an employeeís failure to follow these provisions will be reported to the school principal or the director of the personnel office.

In accordance with G.S. 130A-136, school principals will report suspected cases of reportable communicable diseases or conditions to the county health director for investigation and will provide the health director with available factual information to substantiate the report. Such reports are to remain strictly confidential and may be shared only with other staff members as necessary to prepare and file a report. All staff members who are made aware of any such report will keep the information strictly confidential. Without releasing any information that would identify the affected employee, the principal also will report suspected cases of reportable communicable diseases or conditions to the superintendent.

Any employee suffering from a communicable disease or condition will follow all control measures given to him or her by the health director and will take all necessary precautions to prevent the transmission of the disease or condition. Any school district employee who has reason to believe that a fellow employee is suffering from a reportable communicable disease and that the fellow employee is failing to follow safe practices will report this to his or her principal or supervisor or to the health director. Supervisory personnel will report all such unsafe conduct to the health director. Failure to follow control measures may result in severe sanctions against the offending employee. An employee suffering from a communicable disease or condition is encouraged to inform his or her principal so that appropriate accommodations may be made and appropriate precautions may be taken.
If the county health director notifies the superintendent or any other school district personnel that a school district employee with a communicable disease or condition may be posing a threat to the public health, these personnel will cooperate with the health director in eliminating the threat.

The board will follow all applicable state and federal laws and regulations and this policy in determining when an employee with a communicable disease or condition will be required to take leave from his or her position or otherwise be restricted from continuing his or her employment.

Any employee who feels he or she is unable to continue to perform his or her regular duties due to a communicable disease or condition, or who feels he or she may risk transmitting his or her disease to others if he or she continues to perform his or her assigned duties, may request the superintendent or designee to consider altering his or her duties or other conditions of his or her employment. The employee seeking alteration in the conditions of employment must apprise the superintendent or designee of his or her condition, submit medical documentation regarding such condition, suggest possible accommodations known to him or her and cooperate in any ensuing discussion and evaluation regarding whether there are possible reasonable accommodations. If the superintendent so requests, the employee must also give the superintendent written permission either to consult with appropriate medical personnel or to convene an interdisciplinary committee to receive medical information regarding the employee in order to assist the superintendent in determining whether alternative employment opportunities reasonable can be provided to the affected employee. The committee may include appropriate school district personnel, appropriate medical personnel, including the employeeís personal physician when possible, the health director or designee, and the employee.

When addressing the issue of whether reasonable accommodation is possible, the superintendent will determine to what degree the employeeís presence in his or her current job exposes students or other staff to possible transmission of the disease and/or whether the employee is able to continue in his or her current position with reasonable modifications. The superintendent will consult with the health director if there is any question as to the employeeís risk of transmission on the job. If the superintendent determines that a significant risk of transmission exists in the employeeís current position or that the employee is no longer able to continue in his or her current position for health reasons, the superintendent will determine whether alternative employment opportunities are reasonably available within the school district.

If the employee requesting accommodation refuses to consent to the release of information to medical personnel or an interdisciplinary committee appointed by the superintendent, his or her request for an accommodation may be denied until the employee agrees to allow the superintendent to consult with the necessary parties.

Information shared with the superintendent, medical personnel, or interdisciplinary committee personnel will be kept confidential and will be shared with other school employees only with the written permission of the employee as necessary to explore, design, or implement possible accommodations.

Nothing in this policy is intended to grant or confer any employment rights beyond those existing by law or contract.

Legal Reference: The Americans with Disabilities Act of 1990, 42 U.S.C. §12101m et seq. 29 C.F.R. §1630; G.S. 130A, Article 6; 15A NCAC 19A.0100 et seq.

Cross Reference:

Adopted: November 12, 1996

RESPONSIBILITY FOR COMPLIANCE WITH BOARD POLICY
Policy Code: 7305
All school employees will be held responsible for familiarizing themselves with printed policies of the Board and will be held accountable for compliance.

Legal Reference: G.S. 115C-47

Cross Reference:

Adopted: November 12, 1996

LINE AND STAFF RELATIONSHIPS
Policy Code: 7308
Each employee of the board of education, except the attorney, auditor, and architect, will be responsible to the board through the superintendent.

All personnel will refer matters requiring administrative action to the administrative office immediately in charge of the area in which the matter arises. Administrative officers will refer such matters to the next higher authority, when necessary.

All personnel will have the right to appeal any decision made by an administrative officer to the next higher authority and, through appropriate successive steps, to the board.

The administrative officer for each area will be informed of all pertinent information and activities by personnel of the area.

Legal Reference:

Adopted: January 11, 1994

STAFF-STUDENT RELATIONS
Policy Code: 7310
All employees of the board of education are prohibited from dating, courting or entering into a romantic or sexual relationship with any student while that student is enrolled in the school district, regardless of the studentís age. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal.

Prohibitive relationships as defined above are considered by the board of education to be in conflict with the necessary trust that must exist between adult employees and students. In particular, such relationships are in disharmony with the school districtís obligation to provide a safe and orderly environment conductive to teaching and learning. All employees are answerable for protecting that covenant.

Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, will report this information to the superintendent. An employee who fails to inform the superintendent of a suspected inappropriate relationship between an employee and a student may be subject to disciplinary action, up to and including dismissal.

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Adopted: December 6, 1993

Revised: November 12, 1996

CONFIDENTIAL INFORMATION
Policy Code: 7315
Employees have an absolute duty to maintain the confidentiality of records as required by law. Employees, by nature of their occupation, are exposed to confidential information which should not be repeated or discussed except with those recognized by law as having a right to the information. Any employee who is not sure whether particular information may be protected by state or federal confidentiality laws should seek clarification from his or her immediate supervisor or the assistant superintendent for personnel. Where violations occur, appropriate disciplinary action will be taken.

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232(g); G.S. 115C-47(18), -402

Cross Reference:
Adopted: November 12, 1996

INTERNET AND THE EDUCATIONAL PROGRAM
Policy Code: 3225/7320

Information Technology Resources Acceptance Use Regulations 3225/7320 - R

SCHOOL SUPERINTENDENT - DUTIES
Policy Code: 7342
The superintendent of the school district will perform those duties specified by law and board policy including:

1. serving as chief executive officer and secretary to the board;

2. attending and participating in all meetings of the board and serving as an ex-officio member of all committees except when the employment or salary of the superintendent is under consideration;

3. making rules not in conflict with law or board policy and deciding all matters of supervisory and administrative detail in connection with the operation and maintenance of the schools;

4. initiating and directing the development of policies for approval by the board;

5. assisting the board in making sound decisions and meeting the requirements of law by providing information and advice regarding all matters which require board action;

6. recommending the appointment, promotion, demotion, and discharge and directing the assignment, transfer, or suspension of employees of the board as required by law and board policy;

7. directing the work of employees of the board who are under charge of the superintendent;

8. informing and advising the board about programs, practices and problems of the schools;

9. evaluating the instructional programs and activities of the schools and, on the basis of such evaluation, making appropriate recommendations to the board;

10. supervising the establishment or modification of school attendance and transportation areas, subject to board approval;

11. recommending an annual operating budget to the board and implementing the approved budget;

12. directing and approving purchases and expenditures within the limits of the budget and according to law and board policy;

13. making timely recommendations to the board regarding facility, equipment, and material needs of the school district;

14. informing the board of modern educational practices;

15. making appropriate recommendations to the board regarding transportation, food service, health and safety, maintenance and operation of properties and other necessary functions of the school district;

16. keeping informed of developments in the education profession;

17. maintaining records for the school district;

18. representing the school district in matters with other school districts, social institutions, business firms, government agencies, and the general public;

19. informing the public of modern educational practices, educational trends, and the practices and problems of the school district;

20. acting, as necessary, on matters not covered by board policy and reporting such action to the board as soon as practicable; and

21. performing such other duties as are established by law or assigned by the board.

Legal Reference: G.S. 115C-276

Cross Reference: Duties of Board Secretary (policy 2216)

Adopted: January 11, 1994

DAMAGE CLAIMS
Policy Code: 7343
The board of education could incur disproportionate expense and expenditure of time in administrative handling and in defense and disposition of potential litigation from small damage claims against the board of education for injury to person or property arising from activities on school property. The superintendent or his or her designee is therefore authorized to satisfy any such damage claim found by him or her to be meritorious after consulting with the board attorney and the liability insurance claim manager by a payment of a sum not to exceed $500 if, in his or her opinion, it would serve the best interest of the school district to satisfy such damage claim.

Legal Reference:

Adopted: May 10, 1994

PERSONNEL QUALIFICATIONS AND DUTIES OF THE PRINCIPAL
Policy Code: 7344
The principal of a school will hold or be qualified to hold a valid North Carolina Principal's Certificate.

The board will employ only those candidates who hold at least a master's degree and appropriate experience in educational administration.

The principal should have the skills necessary to organize and supervise the required functions of a school including the broad areas of curriculum and instruction, business management, personnel supervision and evaluation, human relationships and public relations.

Adhering to the philosophy and objectives of the school system and in accordance with State statutes and regulations, the principal is charged with administering mandated policies, rules, regulations, and laws in an efficient, effective, reasonable, fair and uniform manner.

Acting with the approval of the superintendent and upon the advice of the central office administrators, each principal will be the chief instructional leader and administrator of the school and is directly responsible to the superintendent. All personnel assigned to the building will be directly responsible to the principal.

The superintendent will be responsible for recruiting and screening candidates for the position of principal and for making appropriate recommendations to the board for appointment.

Legal Reference: G.S. 115C-47 (18), -289, -315

Adopted: January 11, 1994

ADMINISTRATIVE PERSONNEL - QUALIFICATIONS AND DUTIES
Policy Code: 7346
Job descriptions for all administrative and supervisory personnel will be developed and maintained by the superintendent.

Legal Reference:

Adopted: January 11, 1994

EXTRA DUTY
Policy Code: 7348
The board recognizes that implementation of the total school program will require the services of teachers in areas other than their regular classroom duties. The assignment of these extra duties is the responsibility of the principal. Such duties will be kept to a minimum and will be distributed fairly and equitably among all qualified personnel.

Coaching is an extracurricular activity, and the assignment of coaching duties will be the responsibility of the principal. Any person employed to coach an athletic team in the school district should be a regular employee of the school district. There may be exceptions when regular employees are not available.

The elimination of coaching duties which may result in a reduction of compensation does not constitute a demotion.

Legal Reference: North Carolina Public Schools Employee Benefits, State Board of Education

Cross Reference:

Adopted: November 12, 1996

USE OF IN-SCHOOL PERSONNEL BOXES
Policy Code: 7365
Boxes for the use of local school faculty and staff to receive notices, mail, etc. are part of school property and are under the jurisdiction of the school district, as are other school equipment items.

Official school communications distributed through the regular administrative channel do not require prior approval. District-wide distribution of materials through local school boxes, except items received from the U.S. Postal Service, must be approved in advance by the superintendent or his or her designee. Distribution of local school materials through local school boxes, other than official school business and items received from the U.S. Postal Service, must be approved in advance by the school principal.

Personal notes among teachers and communications from school-related professional associations are excluded from the above prior-approval requirements. All such communications, however, must contain the name of at least one person responsible for sending the materials.

At no time may personnel boxes be used for political purposes such as endorsing political candidates and for the distribution of political communications such as newsletters. This does not include internal elections of any school-related organization or group.

If distribution of materials is to be handled by an employee of the schools at the respective school, the employee disseminating the materials must identify himself or herself to the principal of the school before placing any material in personnel boxes.

Legal Reference:

Adopted: April 19, 1994

EMPLOYEE IDENTIFICATION BADGES
Policy Code: 7366
Official identificatiob badges shall be provided by the school system to all employees. All employees of the school system shall wear such badges at al times while on the job. Employee identification badges are to be provided primarily for enhanced security in and around all school facilities by providing a physical means of instant identification of all employees. The superintendent shall promulgate regulations governing the use of the badges.

First Reading: October 16, 2001
Adopted: November 15, 2001

[#7367]CRIMINAL ARRESTS AND CONVICTIONS Policy Code: 7367

JOB DESCRIPTIONS
Policy Code: 7400

To promote efficiency and economy of operation, the superintendent or designee will develop a written job description for each job classification.

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Cross Reference:

Adopted: November 12, 1996

SCHOOL SUPERINTENDENT LEGAL STATUS
Policy Code: 7420
The board will elect a superintendent of schools for a term of one to four years. Such term will be in the discretion of the board and will end on June 30 of the final twelve months of the contract.

The board may, with the written consent of the current superintendent, extend or renew the term of the superintendent's contract at any time after the first twelve months of the contract provided, however, that the current superintendent's contract may not be extended for a term of greater than four years. If new board members have been elected or appointed and are to be sworn in, the board may not act to extend or renew the current superintendent's contract until after the new members have been sworn in.

The superintendent will be the chief administrative officer of the school district. Policies of the board not in conflict with State law will be binding on the superintendent.

The superintendent will be furnished adequate office space, office supplies, and staff. Additionally, equipment necessary for efficient operations of the district's business will be provided.

Legal Reference: G.S. 115C-47(13), -47(14), -271

Cross Reference: School Superintendent (policy 7102)

Adopted: December 6, 1993

PROFESSIONAL EMPLOYMENT CONTRACTS
Policy Code: 7425
Contracts for employment will be offered to each professional employee, as appropriate. Contracts will be consistent with state law and regulation and policy of the board of education.

A contract for employment will be between the board and the employee and does not guarantee assignment to a particular school. Upon receipt, each individual must sign and return the contract within seven calendar days, if he or she accepts the offer of the board.

Contracts will include the term and any special conditions of employment. The individual is responsible for providing the superintendent or designee with all information necessary for proper certification or licensing and credit for prior work experience. Contracts for any position requiring certification or licensure will be valid only after proper certification and licensure have been secured.

The board recognizes that certain employees are hired on condition that, in addition to their teaching assignment, they will be assigned responsibilities as an athletic coach. Persons hired under this agreement, if requested by the board of education, must continue to fulfill their coaching responsibilities as a condition of employment. If the employee refuses to accept the assigned responsibilities as an athletic coach, the employee may be terminated, notwithstanding the fact that he or she has gained tenure as an employee with the school district.

The salary schedule for certified personnel will conform to that adopted by the State Board of Education, adding such local supplement as the board might provide.

Salaries for special and/or federal project positions are established according to certificate rating, job description, responsibilities, and leadership required.

The board will consider data presented by professional organizations and/or staff members in establishing salary schedules.

The payment schedule for employees will be consistent with either rules and regulations of the State Board of Education and/or the State Personnel Act, as appropriate.

Legal Reference: G.S. 115C-47(21), -302, -303, NCAC Title 16

Cross Reference:

Adopted: November 12, 1996

ADMINISTRATIVE PERSONNEL - COMPENSATION GUIDES AND CONTRACTS
Policy Code: 7426
Each associate and assistant superintendent will enter into an explicit contractual agreement with the board upon recommendation of the superintendent. The contract will meet the requirements of State law and will protect the rights of both the board and the school system administrator.

The terms of the contract between the board and the assistant or associate superintendent will include general responsibilities, professional activities, evaluations, salary, vacation and leave arrangements, and any other benefits. Those and other terms of the contract will be mutually acceptable to the board, the superintendent, and the assistant or associate superintendent.

The terms of employment for other personnel with supervisory responsibilities, including directors, supervisors and principals will be set out in a manner consistent with State law and regulation.

Legal Reference: G.S. 115C-278; G.S. 115C-284

Adopted: January 11, 1994

TEACHER SUBSTITUTES
Policy Code: 7430
The policy of the board is to employ for the day the most competent substitute teacher available when the regular teacher is absent. Substitute teachers will be employed in accordance with State Board of Education regulations.

A teacher assistant may serve as a substitute teacher in the classroom(s) in which the assistant is regularly assigned and will be paid additional compensation according to State policies.

Legal Reference: G.S. 115C-12, -36, -47, -332

Cross Reference:

Adopted: November 12, 1996

ASSIGNMENT
Policy Code: 7440
The board recognizes that the assignment of personnel within the district is an administrative responsibility.

Assignments will be made by the superintendent or designee subject to any conditions established by the board and on the basis of the needs of the school district and qualifications of personnel.

The principal of each school will assign personnel to grades and subject areas at the particular school.

No assignment will be made which places one family member in direct supervisory or an evaluative relationship with another immediate family member.

The superintendent will inform the board of the assignment of all administrative personnel.

Legal Reference:

Cross Reference: Staff Conflict of Interest (policy 7730)

Adopted: November 12, 1996

TRANSFER
Policy Code: 7445
The board recognize that the transfer of personnel within the district is an administrative responsibility.

Involuntary Transfer During the School Year

Only under unusual and severe conditions will transfers be made during the school year.

Employee-Initiated Transfers

The superintendent or designee will develop procedures through which employees could request voluntary transfers annually.

The superintendent or designee will assess the needs of both the school or office to which the employee is assigned and the school or office to which the transfer is requested.

Transfers will be made without regard to race, religion, color, sex, or national origin.

The superintendent will inform the board of the transfer of all administrative personnel.

Legal Reference:

Cross Reference:

Adopted: November 12, 1996

STAFF-COMMUNITY RELATIONS
Policy Code: 7450
The support of public education is dependent upon the confidence which the public has in its schools. All employees should be aware that the image which the community has of the school district is dependent upon the manner in which they represent the school district. Therefore, staff will project a positive image of the school district and concern themselves with attempting to solicit support for the public schools.

Staff members are encouraged to participate in community activities from both the standpoint of good public relations and for strengthening the schools and the community.

Legal Reference: G.S. 115C-47(18), -288(c)

Adopted: November 12, 1996

COMPLAINTS AND GRIEVANCES
Policy Code: 7470
Any employee who has a grievance is encouraged to use tact and diplomacy to resolve it in an informal manner with his or her immediate supervisor. However, should such informal process fail to satisfy the employee, a formal grievance process, at the option of the employee, will be initiated. All grievances will be processed according to the following:

A. Definitions

1. Grievance - A formal written claim by an employee, or employees, against another employee that: a) there has been a violation, misapplication, or misinterpretation of state or federal law or regulation, school board policy, administrative regulation; b) an employee has been subject to discrimination on the basis of race, religion, sex, national origin, age, or disability; or c) there exists a physical condition which jeopardizes an employeeîs health or safety, or which interferes with an employeeís ability to discharge his or her responsibilities properly and effectively. The term ìgrievanceî will not apply to any matter for which the method of review is prescribed by law or where the board is without authority to act.

2. Parties in Interest - The grievant and the person against whom the grievance is filed.

3. Days - The working days, exclusive of Saturdays, Sundays, vacation days
or holidays, as set forth in the aggrieved employeeís employment calendar. In counting days, the first day will be the first full working day following receipt of the grievance.

B. General Requirements

1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which arise form time to time and affect employees. Information received in the grievance process will be held in confidence by the board and its agents except as required by law and this policy.

2. All parties in interest in any grievance filed pursuant to this policy will
conduct themselves in a professional manner at all times during the
investigation and hearing of the grievance.

3. No reprisals of any kind will be taken by the board or by an employee of the school district against any party in interest or other employee on account of his or her participation in a grievance filed and decided pursuant to this policy.

4. Each decision will be in writing, setting forth the decision and reasons for it, and will be transmitted promptly to all parties in interest.

5. All meetings and hearings conducted pursuant to this policy will be private.

6. The board and administration will cooperate with the employee(s) and his or her representative in the reasonable investigation of any grievance.

C. Time Limitations

1. Timeliness - A formal grievance will be filed as soon as possible, but in no event longer than 30 days after the occurrence giving rise to the grievance. Except by mutual written agreement, failure by the official at any step to communicate a decision within the specified time limit will permit the grievant to appeal to the next step. Likewise, failure by the grievant at any step to appeal a grievance to the next step within the specified time limit will be considered acceptance of the decision as final and a waiver of any further appeals.

D. Audio Recording of Meeting

It is permissible for either party to audio tape the proceedings of any meeting provided both parties are informed two days beforehand that an audio recording will be made and that an unedited copy of the tape will be available to parties in interest.

E. Procedure

It is usually desirable for an employee and his or her immediate supervisor to resolve problems through free and informal communication. However, should such informal processes fail to satisfy the employee, then a grievance may, at the option of the employee(s), be processed pursuant to the steps set forth below.

All grievances will be in writing and the written statement of grievance will remain the same throughout all steps of the grievance procedure.

Step 1: The employee(s) will present the grievance in writing to his or her immediate supervisor or the supervisorís designee. The written grievance will name the employee(s) against whom the grievance is filed, set forth the facts constituting the grievance and the specific laws, regulations, policies, procedures or physical conditions involved and contain a statement of actions desired to resolve the grievance. A meeting will take place at a mutually agreed upon time within five days after receipt of the grievance. Each party may have one representative at this meeting. The immediate supervisor or designee will provide the aggrieved employee(s) with a written response to the grievance within four days after the meeting.

In the event the immediate supervisor or designee determines at the outset that a Step 1 review is inappropriate or if the immediate supervisor is the person against whom the grievance is being brought, the grievance procedure may originate at Step 2.

Step 2: If the grievance is not resolved at Step 1, within four days of receipt of the Step 1 decision, the employee(s) may refer the grievance for review by the superintendent or designee. The superintendent or designee will arrange for a meeting with the employee(s) to take place within five days of receipt of the appeal. Each party may have one representative at this meeting. The superintendent or designee will provide the aggrieved employee(s) with a written decision within four days after the meeting.

Step 3: If the grievance has not been resolved at Step 2, the grievant may submit a written request for an appeal to the board. This request must be submitted within 10 days of receipt of the Step 2 decision. The chairperson may designate a committee of three or more members to hear the grievance.

No new evidence, written or verbal, may be presented without the prior knowledge and consent of both parties or upon a majority vote of the board or its committee. Each party may have one representative at the hearing before the board or its committee. The board or its designated committee will render a decision, in writing, within 30 days of receipt of the request for board review. The decision of the board or its committee may affirm, disaffirm or modify the decision of the superintendent. The decision of the board or its committee will be final.

F. Withdrawal of Grievance

A grievance may be withdrawn at any point and cannot be reopened.

Legal Reference: Title IX of the Education Amendments of 1972; G.S. 115C-45(c)

Cross Reference:

Adopted: November 12, 1996

EXTRACURRICULAR AND NON-INSTRUCTIONAL DUTIES
Policy Code: 7504
The Board acknowledges that instructing students is the primary mission of the school system. Generally, in order to carry out the responsibilities of the school system, teachers and other staff members may also be required to perform certain non-instructional and extracurricular duties. Assigned additional duties are considered part of all employees' responsibilities. However, assignment of additional duties to teachers should be minimized to allow time for teachers to plan, collaborate with colleagues, conference with parents, tutor students and perform any other activities that have a direct impact on student achievement. Beginning teachers also need adequate opportunities to develop their professional skills and need access to experienced teachers who can mentor them. In light of these goals, the principal of each school has the authority to assign extracurricular and non-instructional duties as necessary to conduct the business of the school, within the following guidelines.

A. Extracurricular Duties

Initially licensed teachers and teachers with 27 or more years experience may not be assigned extracurricular duties unless they request the assignments in writing.

1. Extracurricular Duties Defined

Extracurricular duties include those duties that are normally performed outside of regular school hours which are not a part of the teacherís instructional duties. Examples of extracurricular activities for which consent is required include but are not limited to such things as coaching duties, taking tickets at sporting events, or acting as a faculty sponsor for a student club. Extracurricular duties do not include such things as time spent in parent-teacher conferences, or activities related to courses taught by the teacher, such as band concerts that are performed as a part of band class.

2. Exceptions Permitted for Compelling Reasons

In cases of compelling need, exempt teachers may be required to perform extra curricular duties if the procedures set forth in this paragraph are followed.

a. Compelling Need Defined

A compelling need exists when the principal or designee of a school is not reasonably able to staff extracurricular activities with qualified personnel without using exempt teachers and no exempt teachers have volunteered in writing to perform these activities. In determining whether a compelling need exists, it will be assumed that teaching assistants and other non-certified employees cannot be assigned to extracurricular duties unless the assignment is approved in advance by the superintendent or designee. Examples of compelling need include but are not limited to circumstances when:

(1) a staff member who is scheduled to perform an extracurricular duty is unexpectedly unavailable and the position must be filled quickly;

(2) the school principal cannot adequately fill extracurricular duty positions without additional reliance on exempt teachers; or

(3) an extracurricular duty must be staffed with an individual with certain experience, skills or qualifications and exempt teachers are the only qualified staff members who possess the required experience, skills or qualifications.

b. Process for Granting a Compelling Need Waiver

(1) Board Waiver

In cases where the need for a waiver is reasonably foreseeable and there is an opportunity to bring the matter before the board of education for approval prior to the extra duty, the superintendent shall bring the matter to the board for a decision on the waiver request. The recommendation for a waiver must be in writing and set forth the circumstances requiring the waiver. The board minutes or other documentation shall reflect the reasons for granting the waiver.

(2) Superintendent Waiver

If there is not a scheduled board meeting prior to the need to staff the extracurricular activity, the superintendent may waive the requirement upon a finding of compelling need. The superintendent shall make a written record of all such waivers and the circumstances for requesting each waiver. At the next regular board meeting, the superintendent shall report to the board any past waivers made and the reasons therefore. If the waiver is for an ongoing activity, the superintendent must seek and obtain board approval to continue the exempt teacher in the extracurricular activity in accordance with the procedures in paragraph (1) above.

(3) Principal Waiver

If there is an exigent need to waive the policy, such as the unexpected illness or absence of an employee, then the school principal is authorized to waive the policy temporarily for up to five days. However, the principal must report the waiver to the superintendent in writing, setting forth the circumstances requiring the waiver. The superintendent must approve all waivers over five days, as provided in paragraph (2) above. The board must approve all continuing waivers at its next regular meeting, as provided in paragraph (1) above.

(4) Teacher Access to Records

The teacher may request and shall be entitled to receive any documentation regarding any waivers requested or granted under this policy.

B. Non-Instructional Duties

Principals shall minimize the assignment of non-instructional duties to all teachers, including initially licensed teachers and teachers with 27 or more years of experience. Specifically, teachers should not be required to use their daily planning period on an ongoing and regular basis to supervise students. Planning periods generally should be reserved for course planning and meetings with other professional staff regarding the instructional program.

1. Non-instructional Duties Defined

Non-instructional duties include those duties that are not related to the instruction and supervision of students. This includes but is not limited to such things as bus duty, car pool duty and regular and ongoing use of planning periods to monitor hallways and cafeterias. Nothing in this policy should be construed to relieve teachers of the responsibility to provide for the safety and supervision of students during regular school hours, as necessary to maintain order and discipline in the school.
2. Distribution of Non-instructional Duties

Non-instructional duties should be distributed equitably among employees to the extent it is reasonably possible to do so. In assigning non-instructional duties, consideration should be given to the need for initially licensed teachers to have adequate professional development, planning time and access to experienced teachers. Teachers with more than 27 years of experience are expected to be available to devote some time each week to sharing their experience and expertise with less experienced staff members. Principals shall be responsible for structuring such opportunities in such a way that will be beneficial to their schools.

C. Evaluation

The failure of an exempt teacher to volunteer to perform extracurricular duties shall not be appropriate grounds to lower the teacherís evaluation nor just cause for less than satisfactory evaluation of an exempt teacher, provided that the teacher has conducted himself/herself in a professional manner when declining to accept extracurricular duties. Moreover, a teacher's failure to perform an assigned non-instructional or extracurricular duty in a competent and professional manner may be considered as a part of the teacher's evaluation.

Legal References: G.S. 115C-47(18a),-301.1

Cross References:

Adopted: January 11, 2000

ADMINISTRATIVE PERSONNEL - PROFESSIONAL LEAVES AND ABSENCES
Policy Code: 7515
Administrators and supervisors are encouraged to attend and participate in educational meetings that relate to system-wide or school level improvement goals. Approval for attendance should be requested well in advance from the superintendent or designee.

The board encourages visits to other schools and to other school systems for the purpose of observing commendable programs and teachers.

Legal Reference:

Adopted: January 11, 1994

EMPLOYEE LEAVES/VOLUNTARY SHARED LEAVE
Policy Code: 7540
The purpose of voluntary shared leave is to provide economic relief for employees who, by reason of prolonged absence caused by serious medical conditions, are likely to suffer financial hardship. It is recognized that fellow employees may wish to voluntarily donate some of their earned leave so as to provide assistance to a fellow employee. This policy provides an opportunity for employees to assist another affected by a medical condition that requires absence from duty for a prolonged period of time resulting in possible loss of income due to the lack of accumulated leave.

Voluntary shared leave will be allowed in accordance with State Board of education policy as outlined in section 4 of the North Carolina Public School Employee Benefits Manual.

The board of education employees who donate leave will not accept compensation in any for the donation of leave. Acceptance of compensation in any form will result in dismissal of the employee who donated the leave.

Legal Reference: North Carolina Public School Employee Benefits, State Board of Education

Cross Reference:

Adopted: October 13, 1992

Revised: November 12, 1996

CHILD INVOLVEMENT LEAVE OF ABSENCE
Policy Code: 7560
The board of education believes that parent involvement is an essential component of school success and positive student outcomes. Therefore, any employee who is a parent, guardian or person standing in loco parentis and who has a school-aged child may take up to four hours of unpaid leave to attend or otherwise be involved in that childís school.

The employee must use school involvement leave in one of the following settings: 1) a public school; 2) a private church school, church of religious charter or non-public school described in Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes that regularly provides a course of grade school instruction; 3) preschool; and 4) child day care facility as defined in G.S. 110-86(3).

Leave for involvement in the childís school will be granted under the following conditions:

1. The leave must be requested 48 hours in advance of the time that the employee wishes to take the leave.

2. The leave must be approved by the employeeís immediate supervisor and department or school principal.

3. Each employee will be entitled to a maximum of four hours of leave, regardless of the number of school-aged children.

4. The employee may be requested to furnish written verification from the childís school that the employee attended or was otherwise involved at the school during the time of the leave.

5. Child involvement leave not taken within the fiscal year of employment will be forfeited.

6. The employee will not be entitled to payment for unused child involvement leave upon separation from the school district.

The board will not discharge, demote or otherwise take adverse employment action against an employee who requests or takes leave under this policy.

Legal Reference: G.S. 95-28.3

Cross Reference:
Adopted: April 19, 1994

Revised: November 12, 1996

EMPLOYEE LEAVE OF ABSENCE WITH PAY - SABBATICALS
Policy Code: 7570
Employee leave of absence without pay may be provided by the board of education for the following reasons:

1. Medical Leave - a leave of absence without pay for medical reasons, physical, mental or emotional, may be granted by the board of education for one school year. Medical documentation will be required to support the leave request.

2. Education Sabbatical - any employee may be granted sabbatical leave for educational study or travel. The employee must have been employed with the school district for a minimum of six years. The employee may not request a second educational sabbatical leave before a five year period has passed. The employee would agree to return to the school district immediately following the sabbatical. Documentation will be required to indicate that the employee has enrolled as a full-time student in an accredited educational institution or has committed to participate in an extensive travel experience.

Employees granted a leave of absence without pay will be assured of employment with the school district upon return from leave, but not necessarily in the same position, same location or same assignment.

An individual request for leave of absence without pay for personal reasons, which may involve other employment as a ìtrial basisî or other considerations for financial personal gain, will not be considered by the board of education.

This policy becomes effective immediately upon official action by the board of education.

Legal Reference:

Cross Reference:

Adopted: June 12, 1990

Revised: November 12, 1996

LEGAL DEFENSE OF EMPLOYEES
Policy Code: 7610
Except as otherwise provided in this policy, upon written request of any employee, the board will provide for the defense of any civil or criminal action or proceeding brought against him or her in his or her official or individual capacity, or both, on account of an act done or omission made in the scope and course of his or her employment by the board.

1. The board will refuse to provide for the defense of a civil or criminal action or proceeding brought against an employee if the board determines that:

a. The act or omission was not within the scope and course of his or her employment as a board employee, or
b. The employee acted or failed to act because of fraud, corruption, or malice on his or her part.

2. The board may refuse to provide for the defense of a civil or criminal action or proceeding brought against an employee if the board determines that defense of the action or proceeding by the board would create a conflict of interest between the board and the employee.

3. The determinations required by paragraphs 1 and 2 of this policy will be made by the superintendent upon advice of the board attorney. Based on his or her investigation, the superintendent will make a recommendation to the board as to whether the board will provide legal representation for the employee. Final approval of an employeeís request will be made by the board. Approval of the request by an employee for provision of defense will raise a presumption that the determination required by this section has been made and no grounds for refusal were discovered.

4. If the board denies the request of an employee to provide him or her legal representation in any civil or criminal action or proceeding and subsequently the employee is found in the court or other agency of the State to be not civilly liable or not guilty of a criminal offense, the board, upon written request of the employee, may reimburse the employee a reasonable attorneyís fee.

5. Board approval of an employeeís request to provide legal representation will cover only those expenses approved that relate to the initial hearing, trial, or appeal of the action or proceeding. The employee must make an additional request in writing to the board for legal representation at each subsequent stage of the appeal of the action or proceeding.

6. The board may through the purchase of liability insurance provide for the payment of any claim or civil judgment entered against an employee when such claim is made or such judgment is rendered as damages on account of an act done or omission made or any act allegedly done or omission allegedly made, in the scope and course of his/her duty as an employee of the board. The limits of the boardís payment for any such claim or court judgment will be governed by the coverage and terms of the liability insurance purchased by the board for such purposes. In all cases in which an employee requests that the board pay a part or all of a claim or civil judgment against him or her, the employee must give the board written notice of the claim or litigation as soon as possible and in all cases prior to the time that the claim is settled or civil judgment is entered.

Definitions

Unless the context otherwise requires, the definitions in this section govern the construction of this policy:

* ìCivil or criminal action or proceedingî includes any case, prosecution, special proceeding, or administrative proceeding in or before any court or agency of the State of North Carolina and its political subdivisions or any other state of the United States.

* ìEmployeeî includes any present or former officer, agent or employee whether full-time or part-time, including but not limited to all members and former members of the board of education, administrative personnel, instructional personnel, support personnel, and school bus drivers.

Legal Reference: G.S. 115C-43

Cross Reference:

Adopted: November 12, 1996

COMPENSATION AND BENEFITS
Policy Code: 7630
The board, upon selection of a candidate or upon reappointment of the incumbent superintendent, will enter into an explicit contractual agreement with the superintendent. The contact will meet the requirements of state law and will protect the rights of both the board and the superintendent.

The terms of the contract between the board and the superintendent will include general responsibilities, professional activities, evaluations, salary, vacation and leave arrangements, and other benefits. These and other terms of the contract will be mutually acceptable to the board and superintendent.

The board will annually review the superintendent's compensation and benefits as a part of the superintendent's annual evaluation.

Legal Reference: G.S. 115C-272, G.S. 115C-273

Adopted: January 11, 1994

TRAVEL EXPENSE
Policy Code: 7650
A. Purpose

It is the intent of this policy to provide board of education departments a comprehensive reference for uniform interpretation of payment or reimbursement for travel expenses pertaining to official travel and subsistence. All employees of the board of education are subject to this policy.

B. Employee and Responsibility

An employee traveling on official business is expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, circuitous routes, luxury accommodations and services unnecessary or unjustified in the performance of official business are not acceptable under this standard.

Employees will be responsible for unauthorized costs and any additional expenses incurred for personal preference or convenience. Willful violations of this policy may result in dismissal from employment or other disciplinary action.

C. Definitions and General Guidelines

* Authorizing party - an individual authorized by this policy to approve or disapprove requests for travel, cash advances, travel reimbursements, etc.

* Employeeís duty station - ìduty stationî is defined as the job location at which the employee spends the majority of his or her working hours. For an employee in travel status, the duty station should be the point where traveling begins the majority of the time (home or office).

The designation of an employeeís home as the duty station by a department head requires prior approval from his or her supervisor.

* Registration fees - the board of education allows registration fees up to $70.00 per employee and board member to be paid for each occurrence. They may be paid by the employee and then reimbursed or paid by the board of education. The amount is the same for in-state or out-of-state meetings. These fees are charged to ìtravel expense.î The department must require itemization and documentation of expenses. However, registration fees for external
conferences in excess of the $70.00 will be considered when and if the applicantís immediate supervisor approves the request based on reasonable justification.

* Reimbursements - all reimbursement requests will be filed for approval and payment within 30 days after the travel period ends for which the reimbursement is being requested. ìTravel periodî is defined as the calendar month during which the travel occurred.

* Requesting party - the person who will be reimbursed for travel costs incurred while conducting board of education business or visiting for employee interviews.

* Subsistence (meals and lodging) - subsistence is an allowance related to lodging, meal costs, and gratuities thereon.

* Transportation - transportation expenses include personal automobile, tax, bus, train, airplane, motor pool charges, auto rentals, tolls and parking fees. All travel expenses must be incurred by and for employees, while conduction official business or visiting for employee interviews in order to be eligible for reimbursement. Commercial services for which there is a charge must be accompanied by a receipt.

* Travel - authorization of travel requests will be based upon need and cost/benefit of travel as determined by the authorizing party. All travel costs except airline tickets and registrations will be paid directly by the requesting party and will not be billed to the board of education. In many cases, it is customary for airline tickets and registrations to be paid directly by the unit either in advance or billed to the unit by invoice later. The requesting party is encouraged to use travel agents and reserve transportation and lodging in advance when possible. The requesting party also is required to travel with other employees and officials of units when possible, except when doing so creates an unnecessary and excessive inconvenience. The requesting party will be reimbursed for actual costs incurred only, subject to the limitations established in this policy.

1. In-state travel - for all in-state travel, the finance officer is responsible for determining that a sufficient unexpended appropriation remains in the travel budget to reimburse all expected costs of travel. A travel authorization form will be submitted by the requesting party to the department head for authorization of travel at least five working days prior to the date upon which travel will commence. If the department head is the requesting party, the form should be submitted to the superintendent of schools or designee.

2. Out-of-state travel - out-of-state travel status begins when the employee leaves the state and remains in effect until the employee returns to the state. However, in-state allowances and reimbursement rates apply when employees use hotel and meal facilities located in North Carolina immediately prior to and returning from out-of-state travel during the same travel period. Out-of-state travel requests by employees and department heads will be approved by the superintendent of schools or designee. The travel authorization form will be submitted to the superintendent of schools no later than five working days prior to the date travel will commence.

3. Short distance travel - employee travel within the county not involving subsistence does not require written approval of the authorizing party. However, the authorizing party should be notified of the travel plans, and should give verbal approval of the plans. Failure to notify the authorizing party of the travel plans will result in the requesting party receiving no reimbursement for travel costs.

4. Travel advances - travel advances will be issued at the discretion of the superintendent. Advances will be submitted with the travel request to the authorizing party no later than five working days prior to the date travel will commence. The amount of the travel advance may not exceed 75% of the estimated travel cost. Excess travel advances will be repaid no later than five working days after the completion of the approved travel. The finance officer will not issue a travel advance unless it has been approved.

D. Specific Guidelines Relating to Transportation, Subsistence and Other Costs

1. Transportation

A. Common carrier - actual coach fare (substantiated by receipt) will be reimbursed. First class travel should be used only in extraordinary circumstances. Penalties and charges resulting from the cancellation of airline reservations (or other travel reservations) will be the board of educationís obligation if the employeeís travel has been approved in advance and the cancellation or change is made at the direction of and for the convenience of the board of education. If the cancellation or change is made for the personal benefit of the employee, it will be the employeeís obligation to pay the penalties and charges. However, in the event of accidents, serious illness or death within the employeeís immediate family, or other critical circumstances beyond the control of the employee, the board of education will be obligated to pay the penalties and charges.

Super saver rates - When traveling by common carrier to conduct official business, employees traveling to their destination earlier than necessary and/or delaying their return to avail the board of education of reduced transportation rates may be reimbursed subsistence for additional travel days if, in the opinion of the superintendent or designee, the amount saved in transportation costs due to the early and/or delayed travel is greater than the amount expended in salary and additional subsistence. Prior written approval of the employeeís immediate supervisor is required.

B. Personal vehicle - a requesting party may use his or her personal vehicle for travel and be reimbursed when use of a personal vehicle has been approved in advance. The allowable state rate per mile will be paid to an employee who uses his or her personal vehicle.

Actual mileage - is reimbursable mileage, measured from the duty station to the destination (and return).

Parking fees, tolls and storage fees - are reimbursable. Receipts are required for fees in excess of $3.00 per day. Reimbursement of expense for airport parking is limited to 96 hours, with a receipt required. Airport parking expenses in excess of 96 hours may be reimbursed in extraordinary circumstances if advance approval is obtained from the employeeís immediate supervisor.

C. Rental vehicle - a receipt is necessary for reimbursement. Rental vehicles are to be used as a last resort. Use of a rental vehicle must be approved in advance.
D. Commuting -

i. No reimbursement will be made for the use of a personal vehicle in commuting from an employeeís home to his or her duty station.

ii. Travel to/from airport at employeeís duty station - reimbursement for travel between the employeeís duty station and the nearest airline terminal and for the appropriate parking may be made under the following circumstances. For travel by:

* airport limousine - one round trip limousine fare;
* taxi - limited to reimbursement rate for use of private vehicle;
* private vehicle - the IRS rate per mile for a maximum of two round trips with parking charges for a maximum of 96 hours. Receipts are required for airport parking claims;

iii. Travel to/from airport at employeeís destination - reimbursement for travel to and from the airline terminal at the employeeís or board memberís destination may be made where available as listed below:

* bus - one round trip bus fare;
* taxi - when limousine service is not available, actual fare to and from airline terminal;
* rental vehicles - may be used as a last resort (receipt required).

In situations where a one way trip costs exceed $20.00, receipts are required.

iv. Taxis and limousines other than trips to and from the airport - the actual cost of taxi and limousine fares is reimbursable when required for travel on official business. Taxi fares are not reimbursable except in emergencies or when a less expensive mode of transportation is not available within a reasonable period.

E. Unit vehicles - the board of education vehicles may be used for any authorized travel. The requesting party must obey all laws of the jurisdiction in which the vehicle is being operated. The vehicle will be used in conducting board of education business only. A de minimis amount of personal use, such as driving the vehicle to and from dinner, may be allowed. Spouses and children of the board of education may accompany them in board of education vehicles if space is available and the trip is strictly for official business.

Use of a board of education vehicle must be approved by the superintendent or designee no later than five working days prior to the date of use. The superintendent or chairperson of the finance committee may approve on a shorter notice if the situation dictates such action.

2. Subsistence - reimbursement for meals will be at the consistent allowable state rate. Lodging will be reimbursed at the actual cost of the room.

Reimbursement - each employee is responsible for his or her own request for reimbursement. Requests for reimbursement must be filed within 30 days after the travel period ends for which the reimbursement is being requested. For lodging the actual pre-approved cost of motel/hotel room will be reimbursed.

Tips - the subsistence rate is inclusive of personal gratuities, except baggage handling tips that may be claimed for porters at terminals and hotels as ìother expenses.î

Meals -

Reimbursement - each employee is responsible for his or her own request for reimbursement. Filing procedures are the same as for lodging above. Each meal reimbursement rate must be listed on the reimbursement request. Time of departure and arrival must be listed on the reimbursement request in the ìExplanationî section.

Daily travel (overnight) - employees may receive allowances for meals for partial days of travel when the partial day is the day of departure or the day of return:

* breakfast - depart duty station prior to 6:00 a.m.
* lunch - depart duty station prior to 10:00 a.m. (day of departure). Return to duty station after 2:00 p.m. (day of return).
* dinner - return to duty station after 8:00 p.m. If stopping for dinner would cause the employee to return after 8:00 p.m., when he or she would otherwise have returned before 8:00 p.m., dinner will not be reimbursed.

Daily travel (not overnight) - allowances will not be paid to employees for lunches if travel does not involve an overnight stay. To be eligible for allowances for the breakfast and evening meals, employees must:

* breakfast - depart duty station prior to 6:00 a.m. and extend the normal workday by two hours.
* dinner - return to duty station after 8:00 p.m. and extend the normal workday by three hours.

To be eligible for both meal allowances, the employee must have worked five hours longer than the normal work day.

The travel must involve a travel destination located at least 35 miles from the employeeís regularly assigned duty station.

Reimbursement for meals - required employee attendance - an employee may be reimbursed for meals, including lunches, when the job requires his or her attendance at the meeting of a board, commission, committee, or council in his or her official capacity and the meal is preplanned as part of the meeting for the entire board, commission, committee or council.

An employee may be reimbursed for meals, including lunches, when the meal is included as an integral part of a congress, conference, assembly, convocation, etc. Such congress must involve the active participation of persons other than the employees of the school district; the employeeís attendance is required for the performance of his or her duties, but must not be part of the employeeís normal day-to-day business activities; the congress must be planned in advance with a formal agenda; and the congress must provide written notice or an invitation to participants.

3. Other costs -

Conventions and conferences - attendance at conventions and conferences will be limited to two requesting parties in addition to any requesting parties involved in the convention or conference program, except by approval of the superintendent or designee.

Telephone calls -

Long distance - employees are not allowed to charge long distance phone calls to the school district for calls made of a personal nature.

Reimbursement - official phone calls are reimbursable under ìother expenses.î Individual calls over $3.00 must be identified as to the point of origin and destination.

Emergency calls - employees may be reimbursed for a personal long distance call if such a call is of an emergency nature as determined by the department. An example may be a call made when an employee calls home to inform someone that the travel period has been extended beyond original plans due to unforeseen reasons.

E. Authorization for Reimbursement Procedures

1. Submitting expense reports - a requesting party will complete a reimbursement form and attach receipts for expenses requiring them, and submit it to the authorizing party no later than 30 working days after returning from travel. Advances will be deducted from reimbursable costs.

A requesting party submitting a falsified reimbursement form will be subject to disciplinary action and criminal prosecution. An authorizing party or finance officer who approves a falsified reimbursement form that they know to be false will be subject to disciplinary action or criminal prosecution. Violations of this travel policy may result in dismissal from employment.

2. Approval and processing of reimbursement requests - reimbursement requests will be submitted to the authorizing party for approval. After approval by the authorizing party, the form should be forwarded to the finance officer.

The finance officer will determine that the reimbursement form has been properly approved, that it is mathematically correct, and that requested reimbursements agree to submitted receipts and are within the limits set by this policy. If an error in the reimbursement request is found, the requesting party will be informed and the error will be corrected before payment is made.

Before the reimbursement is made, the finance officer will determine that an amount sufficient to pay the request has been encumbered for payment, or that there is a sufficient unexpended appropriation in the expenditure item. The finance officer will immediately inform the authorizing party and requesting party if payment cannot be made.

Legal Reference:

Cross Reference:

Adopted: May 2, 1994

Revised: November 12, 1996

PROFESSIONAL ORGANIZATIONS
Policy Code: 7710
The board supports those organizations which contribute to raising the standards of the profession. A staff member will choose whether or not to join any professional organization. Solicitation of memberships must be done outside the regular school day, and the payment of membership dues in such organizations will be an individual responsibility.

Personnel may be absent to attend meetings of professional organizations subject to approval of the immediate supervisor. Permission for attendance will be requested will in advance. Proper provision will be made for the continuation of regular work during such absence. Faculty absences, for whatever cause, should be minimized.

Legal Reference:

Cross Reference:

Adopted: November 12, 1996

POLITICAL ACTIVITIES
Policy Code: 7720
Employees of the school district have the same fundamental civic responsibilities and privileges as other citizens. However, certain limitations must be placed on their active political participation to safeguard the interests of the school district and taxpayers.

1. School employees will not engage in any political activity while in the course and scope of their employment.

2. The classroom setting and faculty meetings will not be used to discuss or disseminate information regarding the promotion of a political candidate.

3. School employees engaged in political activity will be explicit in explaining that they are acting as an individual and in no way represent the school district.

4. Materials, equipment and supplies owned by the school district will not be used in the preparation of political materials.

5. Under no circumstances should involvement in political activities by the staff conflict with the time required to fulfill obligations to the school district.

6. When political issues are discussed as a part of the curriculum, the discussion should be balanced such that all sides of the issue are discussed.

7. Personnel will not use their position to influence the political opinion of students.

Legal Reference:

Cross Reference:

Adopted: November 12, 1996

NONSCHOOL EMPLOYMENT
Policy Code: 7732
(Nonschool Employment Form)
Nonschool employment is regarded as employment for compensation for duties and responsibilities which are outside the requirements of an employeeís position with the board of education.

The board expects that each regular full-time employee of the board will devote maximum effort to the position held in the school district. Such employees should recognize that the nature of a given professional position may require work outside the regular work hours. In such instances, hours of work become position obligations and cannot be inhibited by nonschool employment.

When regular duty assignments are such that certain evenings and/or days are duty free, employees may use such off-duty time for nonschool employment provided the following conditions are met:

1. The employment in no way interferes with or controls the degree of effectiveness of the employeeís work with the school district.

2. The employment in no way reflects detrimentally upon the school district or its prestige.

3. Such nonschool obligations do not prevent the employee from assuming emergency duties required by the regular position.

4. The employee does not receive remuneration for work which is customarily within the duties for which compensation is received from the school district. [See Policy 7736, ìTutoring for Pay.î]

5. The nonschool employment does not raise a question of conflict of interest, e.g. where the employeeís position in the district affords access to information or other advantage useful to another employer.

6. The employee will not use district facilities, equipment, or materials as a part of nonschool employment, unless permission is granted by the superintendent or designee.

Employees will complete annually a nonschool employment notification form (see regulation 7732.)

Legal Reference:

Cross Reference: Policy 7736

Adopted: November 12, 1996
Revision: February 13, 2001

SCHOOL SUPERINTENDENT-CONSULTING
Policy Code: 7734
The superintendent will devote his or her time, skill, labor, and attention to the performance of his or her duties as superintendent of the school district and will not engage in any other business which may conflict with the execution of his or her duties as a superintendent. By agreement with the board, the superintendent may undertake for remuneration consultative work, speaking engagements, writing, lecturing, membership and office in an educational organization, or other professional duties and obligations.

Legal Reference: G.S. 115C-272

Adopted: January 11, 1994

TUTORING FOR PAY
Policy Code: 7736
The Standards of Professional Conduct for North Carolina Educators state:

1. An educator is not to solicit students or parents to purchase services from the educator in a private remunerative capacity;

2. An educator shall not tutor for pay students currently assigned to the educatorís classes, unless approved by the local superintendent; and

3. The educator is not to receive any private pay or extra benefit for the performance of any service that the educator is required to render in the course and scope of employment.

Therefore, it is the policy of the Dare County Board of Education that a teacher will not tutor for pay any student for which the teacher has teaching, administrative, or supervisory responsibility, unless approved by the Superintendent of Schools and in compliance with Standards of Professional Conduct.

Legal Reference: 16 NCAC 6C 0602(b)(4)

Cross Reference: Policy 7732

Adopted: November 12, 1996
Revision: February 13, 2001

SUPERINTENDENT PROFESSIONAL DEVELOPMENT OPPORTUNITIES
Policy Code: 7802
The board expects and encourages the superintendent to stay abreast of educational trends and to set aside time to explore new ideas and programs that could be used to advantage in the school system.

The board encourages the superintendent to keep informed of new and promising educational developments through attending educational conferences, seminars, workshops and other professional meetings, visit other school systems, and use other means to keep abreast of modern educational thought and practice.

Legal Reference:

Adopted: January 11, 1994

ACTION PLANS FOR CERTIFIED EMPLOYEES
Policy Code: 7811
The board expects all certified employees to maintain high levels of performance. If employees are not meeting these standards, then the superintendent and his administrative staff are expected to work to address any identified deficiencies.

1. ACTION PLANS REQUIRED

Unless he chooses to recommend dismissal, demotion or non-renewal of a poorly performing employee, the superintendent shall require his administrative staff to develop and implement an action plan or plan for improvement of performance for each certified employee who receives a below standard or unsatisfactory rating on a performance evaluation.

2. ACTION PLAN DEFINED

An action plan shall include the following components:

1. Identification of Deficiencies - All performance deficiencies identified in the employeeís summative evaluation shall be identified and addressed on the action plan.

2. Performance Expectations - For each problem identified, the plan must include a statement of the expected level of performance.

3. Strategies - The plan shall set forth a strategy or strategies designed to correct each identified deficiency. Strategies should be specific and clearly stated. They should also identify all individuals responsible for implementing the plan.

4. Dates for Monitoring and Completion - the plan must include dates upon which the employeeís progress under the plan will be reviewed and the date by which the performance is to be improved to the expected level. Action plans required by this policy shall be drafted to be completed within 90 instructional days or before the beginning of the next school year.

C. REEVALUATION REQUIRED

Upon completion of an action plan required under this section, the superintendent or his designee shall reevaluate the employee and determine whether the employeeís performance has improved to at standard levels in all areas. If not, it is expected that the superintendent will move to dismiss, demote or transfer the employee to a position in which he can be successful. However, if the superintendent determines that the employeeís continuing performance problems are not adversely impacting student learning or the school environment or that the employee is making good progress toward improvement in deficient areas and is likely to improve to an acceptable level within a reasonable additional time then he may choose not to recommend dismissal, demotion or transfer. If an employee is retained in his position after two poor evaluations, he shall be given an additional plan and reevaluated in accordance with this policy.

D. SPECIAL PROVISIONS RELATING TO ACTION PLANS FOR CERTIFIED EMPLOYEES IN LOW PERFORMING SCHOOLS

1. Certified employees assigned to a low-performing school must be put on action plans as described in Sections A-C above.

2. However, if, a certified employee in a low-performing school receives a below standard or unsatisfactory rating on any function of his evaluation that is related to the employee's instructional duties, then the following additional provisions apply:

a. The person who directly supervises the employee, or the person or group who completed the evaluation shall be responsible for drafting the required action plan for the employee. Assistance or assessment teams shall collaborate with the employee's supervisor in developing an action plan.

b. Upon reevaluation after completion of the action plan, the employee shall be dismissed if he receives one unsatisfactory or more than one below standard rating on any function that is related to the employee's instructional duties.

The superintendent shall develop any other procedures necessary to carry out the boards directives.

Legal Reference: G.S. 115C-333
Adopted: March 9, 1999

ADMINISTRATIVE PERSONNEL - EVALUATION
Policy Code: 7814
The superintendent will annually evaluate the performance of all administrative personnel reporting to him or her and make recommendations regarding their employment and salary status.

As assigned by the superintendent, all other administrative personnel will be annually evaluated by their supervisors and/or department directors.

Legal Reference:

Adopted: January 11, 1994

PERSONNEL RECORDS
Policy Code: 7820
Official personnel files will be maintained for each employee of the school district. Such files will be located in the central office of the school district and will contain all official data forms, certifications, academic records, documentation on vacation, sick leave, and/or other absences, summative performance appraisals, complaints and commendations as well as all other materials normally expected to be found in such files and permitted by statute.

Access to an employee's personnel record may be given without the consent of the employee to the following persons: the superintendent, other supervisory personnel, members of the board and the board's attorney.

No other access will be granted without written consent from the employee to release the personnel record or any part of it. The written release must specify the information to be released and to whom. Each request for access will be handled separately, and no blanket permission will be granted.

Each employee may have access to his or her own personnel record at all reasonable times during regular office hours under procedures established by the superintendent. Pre-employment references are confidential and will not be made available to the employee. The employee has the right to make objection to any information contained in his or her personnel record. All such written objections must be signed and dated. The superintendent or designee will grant or deny access to personnel records on the basis of these regulations.

Legal Reference: G.S. 115C-319-321, -325(b)

Cross Reference:

Adopted: November 12, 1996

RETIREMENT
Policy Code: 7910
Employees of the board of education will be bound by laws and regulations of the Teacher's and State Employee's Retirement System of North Carolina.

When an employee plans to retire, the superintendent should be informed as far in advance as possible. The required forms should be given to the superintendent or designee at least 60 days prior to the effective date of retirement in order to ensure their timely completion.

Legal Reference: G.S. 115C-339

Cross Reference:

Adopted: November 12, 1996

PROBATIONARY TEACHER NONRENEWAL AND ELECTION TO CAREER STATUS 7930

SCHOOL SUPERINTENDENT - SEPARATION
Policy Code: 7935

Throughout the term of his or her contract with the board of education, the superintendent will be subject to removal by the board for reasons specified in law and any additional reasons that may be specified in contract.

If the superintendent elects to terminate his or her contract prior to its expiration date, a resignation must be submitted to the board chairperson a minimum of thirty calendar days prior to the last day on which the superintendent expects to be employed by the board. The board may accept or reject the resignation.

Legal Reference: G.S. 115C-47; 115C-274; 115C-275

Adopted: January 11, 1994

SUSPENSION
Policy Code: 7950
If the superintendent believes that cause exists for dismissing a probationary or career teacher he or she may suspend the teacher with or without pay as provided in G.S. 115C-325.

If the superintendent believes cause exists for dismissing a classified employee, he or she may suspend the employee with or without pay. Within 30 days of the suspension the superintendent must reinstate the employee or begin dismissal proceedings. If an employee suspended without pay is reinstated he/she would be eligible for back pay and benefits for the period of suspension.

Legal Reference: G.S. 115C-325

Cross Reference:

Adopted: November 12, 1996