304.  EMPLOYMENT OF DISTRICT STAFF - Pg.

304.  EMPLOYMENT OF DISTRICT STAFF

1.        Authority

The Board places substantial responsibility for the effective management and operation of district schools and the quality of the educational program with its administrative, professional and support employees.

        SC 406, 508,                 1089, 1106,                 1107, 1142-                1152

        Title 22

        Sec. 4.4

        Pol. 328

The Board shall, by a majority vote of all members, approve the employment; set the compensation; and establish the term of employment for each administrative, professional and support employee employed by the district.

Approval shall normally be given to the candidates for employment recommended by the Superintendent or designee.

When any recommended candidate has been rejected by the Board, the Superintendent or designee shall make a substitute recommendation.

        SC 1111

No teacher shall be employed who is related to any member of the Board, as defined in law, unless such teacher receives the affirmative vote of a majority of all members of the Board other than the member related to the applicant, who shall not vote.

The Board authorizes the use of professional and support employees prior to Board approval when necessary to maintain continuity of the educational program and services. Retroactive employment shall be recommended to the Board at the next regular Board meeting.

        SC 1204.1

The district shall use the Standard Application for Teaching Positions but may also establish and implement additional application requirements for professional employees.

An employee's misstatement of fact material to qualifications for employment or determination of salary shall constitute grounds for dismissal by the Board.

        SC 111.1

Pre-Employment Requirements

The district shall conduct an employment history review in compliance with state law prior to issuing an offer of employment to a candidate. Failure to accurately report required information shall subject the candidate to discipline up to, and including, denial of employment or termination if already hired, and may subject the candidate to civil and criminal penalties. The district may use the information for the purpose of evaluating an applicant’s fitness to be hired or for continued employment and may report the information as permitted by law.

        SC 111

        23 Pa. C.S.A.        Sec. 6344

A candidate shall not be employed until s/he has complied with the mandatory background check requirements for criminal history and child abuse and the district has evaluated the results of that screening process.

        SC 111, 111.1

Each candidate shall report, on the designated form, arrests and convictions as specified on the form. Candidates shall likewise report arrests and convictions that occur subsequent to initially submitting the form. Failure to accurately report such arrests and convictions may subject the individual to denial of employment, termination if already hired, and/or criminal prosecution.

        SC 1109, 1201

        24 P.S.

        Sec. 2070.2

        Title 22

        Sec. 49.1 et seq

A candidate for employment in the district shall not receive a recommendation for employment without evidence of his/her certification when such certification is required.

2.        Delegation of         Responsibility

        Pol. 104

The Superintendent or designee shall develop administrative regulations for employment of staff, in accordance with Board policy and state and federal laws and regulations.

Staff vacancies that represent opportunities for professional advancement or diversification shall be made known to district employees so they may apply for such positions.

        42 U.S.C.

        Sec. 12112

The Superintendent or designee may apply necessary screening procedures to determine a candidate's ability to perform the job functions of the position for which a candidate is being considered.

The Superintendent or designee shall seek recommendations from former employers and others in assessing the candidate's qualifications. Recommendations and references shall be retained confidentially and for official use only.

        SC 1109, 1201

        Title 22

        Sec. 49.1 et seq

Each certificated administrative and professional employee employed by the district shall be responsible for maintaining a valid certificate when such certificate is required by law.

Title I Requirements

        Title 22

        Sec. 403.2, 403.4

        20 U.S.C.

        Sec. 6319, 7801

All elementary, middle and secondary teachers employed by the district who teach core academic subjects shall be highly qualified, as defined by federal law and state regulations.

        Title 22

        Sec. 403.4, 403.5

        20 U.S.C.

        Sec. 6319, 7801

The principal of a school providing Title I programs to students shall annually attest that professional staff teaching in such programs are highly qualified and paraprofessionals providing instructional support in such programs meet required qualification, in accordance with federal law and state regulations. The written certifications shall be maintained in the district office and the school office and shall be available to the public, upon request.

        Title 22

        Sec. 403.2, 403.5

        20 U.S.C.

        Sec. 6319

All paraprofessionals providing instructional support in a program supported by Title I funds shall have a secondary school diploma or a recognized equivalent and one (1) of the following:

  1. At least two (2) years of study at an institution of higher learning.

  1. Associate’s or higher degree.

  1. Evidence of meeting a rigorous standard of quality through a state or local assessment.

Title I paraprofessionals who solely coordinate parental involvement activities or act as translators are exempt from the above qualifications.

Special Education Paraprofessionals

        Title 22

        Sec. 14.105

        Pol. 113

All instructional paraprofessionals hired by the district, who work under the direction of a certificated staff member to support and assist in providing instructional programs and services to students with disabilities or eligible students, shall have a secondary school diploma and one (1) of the following:

  1. At least two (2) years of postsecondary study.

  1. Associate’s or higher degree.

  1. Evidence of meeting a rigorous standard of quality through a state or local assessment.

        Title 22

        Sec. 14.105

Instructional paraprofessionals shall provide evidence of twenty (20) hours of staff development activities related to their assignment each school year.

Personal Care Assistants

        Title 22

        Sec. 14.105

A personal care assistant provides one-to-one support and assistance to a student, including support and assistance in the use of medical equipment.

Personal care assistants shall provide evidence of twenty (20) hours of staff development activities related to their assignment each school year. The twenty (20) hours of training may include training required by the School-Based Access Program.

Educational Interpreters

        Title 22

        Sec. 14.105

An educational interpreter is an individual who provides students who are deaf or hard of hearing with interpreting or transliterating services in an educational setting. To serve as an educational interpreter, an individual shall meet the qualifications set forth in law and regulations.

References:

School Code – 24 P.S. Sec. 108, 111, 111.1, 406, 508, 1089, 1106, 1107, 1109,         1109.2, 1111, 1142-1152, 1201, 1204.1

State Board of Education Regulations – 22 PA Code Sec. 4.4, 8.1 et seq., 14.105,

        49.1 et seq., 403.2, 403.4, 403.5

Educator Discipline Act – 24 P.S. Sec. 2070.2

Criminal History Record Information Act – 18 Pa. C.S.A. Sec. 9125

Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.

No Child Left Behind Act – 20 U.S.C. Sec. 6319, 7801

Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq.

Board Policy – 000, 104, 113, 3

                     

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