The Mission of the Southwest Preparatory School District is to provide an adaptive and effective learning environment that will prepare students to succeed in college and/or the workplace.

Our Vision

The vision for each student is to develop into a graduate who is self-motivated, employable, self-reliant, and optimistic about the ability to learn and possess citizenship and decision-making skills as a result of incorporating the principles learned in character education.

Core Values

We believe a student’s education should include traditional American beliefs or values that are the foundation of our democratic nation. In 2009, the district adopted the following core values to ensure students had the opportunity to learn about the beliefs and visions of our Founding Fathers and the value system that our country is based upon and to understand how this value system has allowed the United States to welcome millions of people from diverse cultures all over the world to create a unique, enduring American identity.

HERITAGE: A school is a place where students should learn about their country’s heritage and the principles it was founded upon. Each school year, the biographies of the Founding Fathers and the history of their sacrifices will be taught, as will the history of the formation Declaration, Constitution, and Bill of Rights.

PATRIOTISM: Love of country should be fostered in each of the schools. Each day students will be asked to recite the pledge of their allegiance to our country and state.

RELIGION: Our country was founded on Judeo-Christian values and beliefs. The Founding Fathers referred to our creator throughout our founding documents. Bibles are not banned from any of our campuses, and all religions are to be respected. The schools may not deny students their individual right to religion while on campus.

FREEDOM: America was founded on the free enterprise system and capitalism to ensure the opportunity for success for all citizens, not just a few. Students will be taught the advantages of capitalism over any other alternative economic system.

CHARACTER: A free people cannot remain strong unless the people are virtuous and morally strong and elect leaders who are such. Students will be taught character education and the code of conduct consistent with this.

RESPECT: Students should learn to respect others—their opinions, property, and right to an education. Students will be expected to treat others as they would like to be treated and avoid bullying, putting down others, or interfering with the learning of others.

FAMILY: Students are a blessing to society, and our requirement and duty are to respect the will of the parent and prepare students to be successful in school. Students will not be required to be part of a particular class that is inconsistent with their family's values.

SELF-DISCIPLINE: Students should learn the value of delayed gratification so they can build a successful future. Students will have an opportunity to earn a scholarship after graduation for work completed from grades 6-12.

ACCOUNTABILITY: All students and staff should be accountable for their performance to each other and the school. Students and staff should take responsibility for mistakes and avoid blaming others.

EFFECTIVENESS: Our schools support and teach the importance of the principles embodied in Covey’s Seven Habits of Highly Effective People. Students and staff will learn and apply the habits in their daily life while at school.

Introduction

This Employee Handbook outlines the personnel policies and procedures of Southwest Preparatory School. These Policies and Procedures pertain to all employees. You will find that the Employee Handbook will answer a number of your questions about everyday working matters, benefits, and issues concerning your relationship with Southwest Preparatory School. We encourage you to read the entire Handbook so you can gain an overall understanding of our personnel policies and procedures.

The use of “District” throughout this Handbook refers to Southwest Preparatory School.

If you have any questions about personnel matters, you are welcome to discuss them with your immediate supervisor, a member of management, or the Human Resources Department. We are always looking for suggestions to improve our employees' methods, procedures, and working conditions. This Handbook is here for your future reference. SWPREPs’ interpretation of any policy within this Handbook shall prevail.

This Handbook is for reference only and is not intended to be a complete description of all provisions or requirements. The policies and information contained in this handbook are subject to change by the District without notice, and District management retains the right to apply provisions of the handbook with flexibility as necessary, in its sole judgment. This Handbook shall also not in any way affect, modify, or nullify any agreement you have entered into with the District, which obligates you to protect the District’s confidential information or to refrain from competing with the District after your employment is terminated (if applicable).

Neither the District's benefit plans, if any, nor this Employee Handbook constitutes or is intended to constitute an express or implied contract guaranteeing continued employment for any employee.

Nothing in this Handbook or any District policy is intended or should be construed to violate any local, state, or federal law, including but not limited to the National Labor Relations Act.

Also, note that this Handbook is not a contract of continued employment, express or implied. At any time, the District may add, change or rescind any policy or practice at its sole discretion, without prior notification, except the at-will policy.

General Employment Policies

Equal Employment Opportunity

The District does not discriminate against any employee or applicant because of the following legally protected characteristics: race, color, religion or creed, national origin, sex, pregnancy (including childbirth, lactation, and related medical conditions), age, marital status, physical or mental disability, veteran status, genetic information (including characteristics and testing), or any other characteristic protected by federal, state or local law.

It is also the policy of the District not to discriminate in its employment practices as required by Title VI and VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972. The Age Discrimination in Education Act of 1975, as amended (ADEA); Title I and Title V of the Americans with Disabilities Act of 1990 as amended (ADA); Section 504 of the Rehabilitation Act of 1973, as amended; the Genetic Information Nondiscrimination Act in Education of 2008 (GINA); and any other legally protected classification or status protected by applicable law. In order to provide equal employment and advancement opportunities to all individuals, employment decisions at Southwest Preparatory School will be based on merit, performance, qualifications, and/or abilities. This policy covers all personnel practices, including but not limited to hiring, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, selection for training, and employee benefits.

To implement this policy, the District will continue to:

• Recruit, hire, train, and promote persons in all job classifications without regard to any protected characteristics, and provide equal employment opportunities to disabled veterans and veterans of the Vietnam Era;

• Base decisions on employment so as to further the principle of equal employment opportunity;

• Ensure that promotion decisions are in accord with principles of Equal Employment Opportunity by imposing only valid business requirements for promotional opportunities; and

Ensure that all personnel actions (including but not limited to compensation, benefits, transfers, layoffs, and District-sponsored training, education, social, and recreation programs) will be administered without regard to any legally protected characteristics.

Equal Employment Opportunity is not only the law, but also it is a principle of the District’s operations. It is the responsibility of every employee to ensure this policy's continued success and immediately report any violations to a member of management.

Employees can raise concerns and make reports without fear of reprisal. Any employees with questions or concerns are encouraged to bring these issues to the attention of the Superintendent or the Title IX, Section 504, or Title II Coordinator, as may be appropriate.

Southwest Preparatory School has designated the following person as the Title IX, Section 504, and Title II Coordinator:

Name: Mrs. Christinn Jean or Mrs. Bernadette Herrera

Address: 1258 Austin Highway, San Antonio, TX 78209

Phone: (210) 829-8017

Email: christinn.jean@swprep.org or bernadette.herrera@swprep.org

At-Will” Employment

All employment with the District is “At Will,” which means that your employment can be terminated with or without cause, and with or without notice, at any time, at the option of either the District or yourself, except as otherwise provided by law. Only the District Superintendent or the District Superintendent authorized representative has the authority to alter the at-will policy and then only in writing, signed by the District Superintendent or the District Superintendent‘s authorized representative.

Criminal Background Checks and Fingerprinting

Southwest Preparatory School will obtain a criminal history background (CBC) report and require fingerprinting on all prospective employees after receiving a job offer and prior to employment. Failure of an employee to disclose a conviction of a felony or misdemeanor involving moral turpitude prior to or during employment shall be grounds for discharge. Disclosure applies to felonies and misdemeanors involving probation and deferred adjudication.

Disability Accommodation

To comply with applicable laws ensuring equal employment opportunities to individuals with disabilities, the District will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship and/or a direct threat to the health and/or safety of the individual or others would result. Any applicant or employee who requires a reasonable accommodation should contact his/her supervisor and request such an accommodation. The individual with the disability should specify in writing what barriers or limitations make it difficult for him or her to perform the job. The District will conduct an investigation regarding these barriers or limitations and will then identify possible accommodations, if any, that will help to eliminate the barrier(s) or limitation(s). If the accommodation is reasonable and will not impose an undue hardship on the District and/or a direct threat to the health and/or safety of the individual or others, the District will make the accommodation. The District may propose an alternative to the requested accommodation or substitute one reasonable accommodation for another, but the District retains the ultimate discretion to choose among reasonable accommodations.

Employees are expected to fully cooperate in the accommodation process. The District will also consider requests for reasonable accommodations for medical conditions related to pregnancy and childbirth supported by medical documentation.

Employees who wish to request unpaid time away from work because of a qualifying disability should speak to their Human Resources Representative regarding a proposed accommodation.

An employee with a disability who believes he or she has been discriminated against should first contact the Title IX Coordinator For Southwest Preparatory School:

Name: Bernadette Herrera, ADA Coordinator

Phone: 210-829-8017, option 1

Email: bernadette.herrera@swprep.org

Employees may also utilize the regular grievance procedure or contact the federal Equal Employment Opportunity Commission.

Employee Involvement

As part of the District’s decision-making process and site-based management philosophy, employees may be asked or elected to serve on District or campus level advisory committees and/or elected as a Southwest Preparatory School board member.

Employment Classification

At the time you are hired, you are classified as a full-time, part-time, or temporary employee and are told whether your current job duties qualify you for overtime pay. Your employment classification does not alter your at-will employment relationship with the District.

Full-time employees are those who are generally regularly assigned to work at least 40 hours each week. Part-time employees are those who are generally regularly assigned to work less than full-time. While part-time employees may occasionally work 40 or more hours in a particular workweek or in a series of workweeks, that alone will not change their regular schedule or employment classification. However, the District reserves the right to change the regular schedules of employees at any time. In such a case, the District will give affected employees as much advance notice as possible of their new regular schedules and will advise employees of the effect of such changes on their eligibility for District benefits. Unless otherwise specified or required by applicable law, the benefits described in this Handbook apply only to full-time employees. All other policies described in this Handbook and communicated by the District apply to all employees unless otherwise noted (for example, certain wage, salary, and time off limitations apply only to “non-exempt,” see the definition that follows).

If you are unsure of which job classification your position fits into, please ask your Supervisor.

If you are a part-time employee, please understand that you are not eligible for benefits described in this Handbook, except as granted on occasion, or to the extent required by a provision of State or Federal Law.

Temporary Employees

From time to time, Southwest Preparatory School may hire employees for specific periods of time or for the completion of a specific project. An employee hired under these conditions will be considered a temporary employee. In the event of an offer of employment, Southwest Preparatory School will offer additional employment in writing.

The job assignment, work schedule, and duration of the position will be determined on an individual basis. Normally, a temporary position will not exceed six (6) months in duration unless specifically extended by a written agreement. Summer employees are considered temporary employees.

Non-Exempt and Exempt” Employees

At the time of hire, all employees are classified as either “exempt” or “non-exempt” based on the nature of their job duties. This is necessary because, by law, employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per workweek or as otherwise required by applicable state law. These employees are referred to as “non-exempt” in this Handbook. This means that they are not exempt from (and therefore should receive) overtime pay.

All no“Exempt” employees are those employees whose job duties and responsibilities allow them to be exempt from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws. If you are an “exempt” employee, you will be advised that you are in this classification at the time you are hired, transferred, or promoted.

Employment References

All official employment verification or reference requests regarding current or former employees are to be referred to SWPREP HR Department. SWPREP will normally only release the last title and dates of employment. Salary information will be provided with written authorization from the employee. No other official reference information will be provided. All employment verification or reference requests should be forwarded to the Human Resources Department, HR@swprep.org, or 210-829-8017.

Employee Personnel File

Personnel files are maintained for all employees. These files are kept in a secure and confidential manner in accordance with all applicable laws and regulations, including electronically.

Employees should keep their Supervisor, or Human Resources Director apprised of any personal status changes such as legal name, name and number of dependents, home address, home telephone number, person to contact in case of emergency, emergency telephone number, exemptions on the W-4 form, changes of the beneficiary, changes in driving record is directly related to the performance of the employee’s job, military or draft status, membership in professional societies relevant to the employee’s job, additional outside education, or certifications, etc. Changes in personal information can be updated through your Websmart Portal.

Most District records, including personnel records, are public information and must be released upon request. A limited amount of personal information may be withheld. Southwest Preparatory School considers this personal information confidential and it will not be released without a signed statement authorizing the release of the information. This information is limited to:

• Address

• Phone Number

• Social Security Number

• Information that reveals whether they have family members

Personnel files are open to employees and may be viewed at any time during the year. If you require copies, contact hr@swprep.org.

In accordance with provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and subsequent amendments, all medical information of an Employee will be safeguarded and confidentiality will be maintained. Any information provided to us by the Employee or any other entity that we are required to maintain will be kept in a file separate from the employee’s personnel record, with access limited to the Human Resource Department. The Human Resource Department will ascertain whether other individuals have a legitimate need to know. Further, the Act provides for penalties when confidentiality is breached. Any individual who breaches the confidentiality of an employee's or student's medical record will be disciplined up to and including termination.

The Human Resources Office maintains an open door policy. You may contact can be made either in person, by phone, or by e-mail. Human Resource office hours are Monday through Friday, 8:00 AM-4:30 PM, or by appointment after this time.

Membership Dues: Membership dues will be paid for SALT members and employees who have an assignment requiring a specific area of expertise, such as special education. These will be reviewed on a case-by-case basis. SWPREP will not pay membership fees for anti-charter organizations.

Nepotism

Southwest Preparatory School does not hire immediate family members to work for or in the same department as the relative. Nor can one family member have supervisor authority over the other family member. Immediate family members are defined as spouse, child, parent, parent-in-law, grandparent, grandparent-in-law, granddaughter, grandson, daughter-in-law, son-in-law, step-parent, a domestic partner (a person with whom the employee’s life is interdependent and with whom the Employee shares a mutual residence), brother, sister, brother-in-law, sister-in-law, daughter or son of the employee’s spouse or domestic partner, and any relative living in the household of the Employee or domestic partner.

Southwest Preparatory School requires full disclosure of any vendor who is an immediate family member (as defined above) of any Employee. Family vendors must bid on all work competitively and be determined as the vendor offering the best price or value for the District before selection. The exception to nepotism applies to existing charter holders partly grandfathered.

Immigration Compliance

The District is committed to employing only United States citizens and individuals who are legally authorized to work in the United States and comply with applicable immigration and employment law. As a condition of employment, every individual must provide satisfactory evidence of his or her identity and legal authority to work in the United States.

Job Vacancy Announcements/Transfers

Southwest Preparatory School believes in promoting from within when possible and encourages employees to take advantage of any promotional opportunities that may arise. All vacancies will be announced on the Web site at www.swprep.org under Human Resources.

Southwest Preparatory School recruitment announcements will be posted either for internal applicants only or applicants from either internal and/or external to the organization.

Internal applicants will submit a letter of interest and an updated resume requesting consideration for the vacant position to hr@swprep.org. Although not required, the internal applicant requesting the transfer/promotion should advise their Principal/Supervisor as a matter of courtesy.
Selecting officials should coordinate with the employee’s Principal/Supervisor. Human Resources will provide the selecting official with applicants who have been screened and meet the Minimum Qualifications as outlined in the Job Posting.

Upon receiving a list of applicants, the selecting official will schedule interviews with applicants. Human Resources will verify references of external applicants and speak to Principals and Supervisors for internal applicants.

It is required that all applications be received by Human Resources before 5:00 p.m. on the closing day of the Job Posting if a closing day has been specified. Applicants who do not provide the requested information or do not meet the deadline may not be considered. Applications for any position that is not in accordance with instructions outlined in the Job Postings, or are incomplete, may not be considered.

Outside Employment and Tutoring

Employees who wish to accept outside employment or engage in other activities for profit must submit a written request to their supervisor. Approval for outside employment will be determined by the Superintendent, who will evaluate whether outside employment interferes with the employee’s assigned work duties. Teachers are not allowed to privately tutor students from Southwest Preparatory School.

Reassignments and Transfers

All personnel is subject to assignment and reassignment by the Superintendent. When reassignments are due to enrollment shifts or program changes, the Superintendent has final placement authority. Extracurricular or supplemental duty assignments may be reassigned at any time. Employees with the required qualifications for a position may request a transfer to another campus or department.

A written request for transfer must be completed and signed by the Employee and the employee’s Principal/Supervisor and forwarded to Human Resources. All transfer requests will be coordinated by Human Resources and must be approved by the receiving Principal/Supervisor.

Rehire of Former Employees

The District does not guarantee that former employees who are rehired will retain their original hire date or be given credit for the previous service unless specifically required by law. Please consult with Human Resources for specific information as it pertains to you.

Religious Accommodation

The District will make reasonable accommodations in accordance with applicable law for employee observance of religious holidays and sincerely held religious beliefs, including providing time off for observation of official holidays or providing exceptions to dress and grooming standards, unless doing so would cause an undue hardship on District operations. If the employee desires a religious accommodation, the employee is required to make the request in writing to his or her supervisor as far in advance as possible. If a leave is granted, such leave shall be unpaid unless other paid leave is available under school policy and is requested by the employee.

Leaves of Absence Policies

Personal Leave of Absence

Any leave of absence must be approved in advance. Approval will be made on a case-by-case basis with the needs of Southwest Preparatory School being the determining factor. All approved leaves of absence may be unpaid. Employees may continue their health insurance coverage, as well as other voluntary coverage, by paying the entire premium(s) during their absence if the leave will be greater than one month in duration.

Discretionary Leave of Absence

Leaves will not be granted for any of the reasons that qualify for leave under the FMLA unless the Employee has obtained an FMLA leave and has depleted the 12-weeks entitlement. Additional time may then be requested under the Discretionary Leave of Absence policy for the same reason as the FMLA leave; however, all the rights and entitlement provided under the FMLA are not applicable.

If an Employee or an absence does not meet FMLA eligibility or qualification criteria, the Employee may request to use

accrued time off or request a discretionary leave of absence under the provisions of the applicable personnel policy.

Bereavement Leave

An employee who wishes to take leave due to the death of a family member should notify their supervisor immediately. Bereavement Leave may begin with the day of death of the person or may begin from the date of actual burial, funeral, or memorial service.

Employees are allowed up to three (3) consecutive days off from regularly scheduled duty with regular pay in the event of the death of:

employee’s spouse, child, father, mother, father-in-law, mother-in-law, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter, grandparent-grandchild, spouse's grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, legal guardian

To be eligible for paid bereavement leave, the employee generally must attend the funeral or memorial service of the deceased relative.

Employees are allowed one (1) day off from regularly scheduled duty with regular pay in the event of the death of the employee’s aunt or uncle. To be eligible for paid bereavement leave, the employee generally must attend the funeral of the deceased relative.

Employees are allowed up to four hours of bereavement leave to attend the funeral of a fellow employee or retiree of the District, provided such absence from duty will not interfere with normal operations of the District. To be eligible for payment under this provision, the employee generally must attend the funeral or memorial service of the deceased regular employee or retiree.

Part-time regular employees who average 20 hours or more each week are also eligible for Bereavement Leave and allowed up to three (3) consecutive days off from regularly scheduled duty with regular pay compensated for hours normally worked those days absent. Part-time regular employees will follow the same procedure as outlined for full-time employees aforementioned.

An employee may, with his or her supervisor’s approval, use any available personal days for additional time off as necessary.

Limitations on Leave of Absence

Any employee, who for any reason or combination of reasons other than leaves of absence under FMLA, USERRA (Uniform Services Employment and Reemployment Rights Act), the ADA, and/or applicable state and local law, misses a total of six months of work in a twelve-month period, or a total of nine months of work in an eighteen-month period, may be separated from employment due to unavailability for work. Any employee so separated will be eligible for rehire and will be able to apply for any vacancies that may exist at any given time, depending upon qualifications and availability of job openings. Before termination takes place, individual circumstances will be reviewed to ensure that any separation or termination complies with federal, state, and local law.

Family and Medical Leave

The District will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, the District refers to these types of leaves collectively as “FMLA leave.” In any case, employees will be eligible for the most generous benefits available under applicable law.

Employee Eligibility

To be eligible for FMLA Leave benefits, you must: (1) have worked for the District for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and (3) work at a location where at least 50 employees are employed by the District within 75 miles, as of the date the leave is requested.

Reasons for Leave

State and federal laws allow FMLA Leave for various reasons. Because an employee’s rights and obligations may vary depending upon the reason for the FMLA leave, it is important to identify the purpose or reason for the leave. FMLA Leave may be used for one of the following reasons, in addition to any reason covered by an applicable state family/medical leave law:

The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”)
To care for an immediate family member (spouse, child, or parent with a serious health condition (“Family Care Leave”)
An employee’s inability to work because of a serious health condition (“Serious Health Condition Leave”)
A “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s “covered active duty” (as defined below) as a member of the military reserves, National Guard, or Armed Forces (“Military Emergency Leave”)
To care for a spouse, child, parent, or next of kin (nearest blood relative) who is a “Covered Service member,” as defined below (“Military Caregiver Leave”)

Definitions

“Child,” for purposes of Bonding Leave and Family Care Leave, means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that Family and Medical Leave is to commence. “Child,” for purposes of Military Emergency Leave and Military Caregiver Leave, means a biological, adopted, or foster child, stepchild, legal ward, or a child for whom the person stood in loco parentis, and who is of any age.

“Parent,” for purposes of this policy, means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person. This term does not include parents “in law.” For Military Emergency leave taken to provide care to a parent of a military member, the parent must be incapable of self-care, as defined by the FMLA.

“Covered Active Duty” means

in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country
in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.

“Covered Service member” means

a member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties, or
a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval, or Air Service, and who was discharged or released therefrom under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs), and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran. For purposes of determining the five-year period for covered veteran status, the period between October 28, 2009, and March 8, 2013, is excluded.

Length of Leave

The maximum amount of FMLA Leave will be twelve (12) workweeks in any 12-month period when the leave is taken for:

Bonding Leave
Family Care Leave
Serious Health Condition Leave
Military Emergency Leave

However, if both spouses work for the District and are eligible for leave under this policy, the spouses will be limited to a total of 12 workweeks off between the two of them when they leave is for Bonding Leave or to care for a parent using Family Care Leave. A 12-month period begins on the date of your first use of FMLA leave. FMLA Leave is calculated as a “rolling” 12-month period measured backward from the date of any FMLA leave usage.

The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of twenty-six (26) workweeks in a single 12-month period. A "single 12-month period" begins on the date of your first use of such leave and ends 12 months after that date. If both spouses work for the District and are eligible for leave under this policy, the spouses will be limited to a total of 26 workweeks off between the two when the leave is for Military Caregiver Leave only or is for a combination of Military Caregiver Leave, Military Emergency Leave, Bonding Leave and/or Family Care Leave taken to care for a parent.

Under some circumstances, you may take FMLA leave intermittently, which means taking leave in blocks of time, or by reducing your normal weekly or daily work schedule. Leave taken intermittently may be taken in increments of no less than one hour. Employees who take leave intermittently or on a reduced work schedule basis for planned medical treatment must make a reasonable effort to schedule the leave so as not to unduly disrupt the District’s operations.

Please contact your Supervisor prior to schedule planned medical treatment. If Family and Medical Leave are taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, the District may require you to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave.

As discussed more generally below, if your request for intermittent leave is approved, the District may later require you to obtain recertification of your need for leave. For example, the District may request recertification if it receives information that casts doubt on your report that an absence qualifies for Family and Medical Leave.

To the extent required by law, some extensions to leave beyond an employee’s FMLA entitlement may be granted when the leave is necessitated by an employee's work-related injury/illness or a “disability” as defined under the Americans with Disabilities Act and/or applicable state or local law. Certain restrictions on these benefits may apply.

Notice and Certification

(i) Bonding, Family Care, Serious Health Condition, and Military Caregiver Leave Requirements

Employees are required to provide:

when the need for the leave is foreseeable, 30 days advance notice or such notice as is both possible and practical if the leave must begin in less than
30 days (normally this would be the same day the employee becomes
aware of the need for leave or the next business day
when the need for leave is not foreseeable, notice within the time prescribed by the District’s normal absence reporting policy, unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practical;
when the leave relates to medical issues, a completed Certification of Health-Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health-Care Provider form)
periodic recertification (upon request)
periodic reports during the leave

Certification forms are available from the SWPS HR Department.

At the District’s expense, the District may also require a second or third medical opinion regarding your own serious health condition or the serious health condition of your family member. In some cases, the District may require a second or third opinion regarding the injury or illness of a “Covered Service member.” Employees are expected to cooperate with the District in obtaining additional medical opinions that the District may require.

When leave is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt the District’s operation. Please contact your Supervisor prior to schedule planned medical treatment.

Recertification after Grant of Leave

In addition to the requirements listed above, if your Family and Medical Leave is certified, the District may later require medical recertification in connection with an absence that you report as qualifying for Family and Medical Leave. For example, the District may request recertification if:

the employee requests an extension of leave
the circumstances of the employee’s condition as described by the previous certification change significantly (e.g., your absences deviate from the duration or frequency set forth in the previous certification; your condition becomes more severe than indicated in the original certification; you encounter complications)
the District receives information that casts doubt upon your stated reason for the absence. In addition, the District may request recertification in connection with an absence after six months have passed since your original certification, regardless of the estimated duration of the serious health condition necessitating the need for leave. Any recertification requested by the District shall be at the employee’s expense.

Military Emergency Leave Requirements

Employees are required to provide:

as much advance notice as is reasonable and practicable under the circumstances
a copy of the covered military member's active duty orders when the employee requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the military member’s leave
a completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.

Certification forms are available from the SWPREP HR Department.

Failure to Provide Certification and to Return from Leave

Absent unusual circumstances, failure to comply with these notice and certification requirements may result in a delay or denial of the leave. If you fail to return to work at your leave’s expiration and have not obtained an extension of the leave, the District may presume that you do not plan to return to work and have voluntarily terminated your employment.

Compensation During Leave

Generally, FMLA leave is unpaid. However, you may be eligible to receive benefits through State-sponsored or District-sponsored wage-replacement benefit programs. If you are eligible to receive these benefits, you may also choose to supplement these benefits with the use of accrued vacation and sick leave, to the extent permitted by law and District policy. All such payments will be integrated so that you will receive no more than your regular compensation during this period. If you are not eligible to receive any of these wage-replacement benefits, the District may require you to use accrued vacation and sick leave to cover some or all of the FMLA leave. The use of paid benefits will not extend the length of an FMLA Leave

Benefits During Leave

The District will continue making contributions for your group health benefits during your leave on the same terms as if you had continued to work. This means that if you want your benefits coverage to continue during your leave, you must also continue to make any premium payments that you are now required to make for yourself or your dependents. Employees taking Bonding Leave, Family Care Leave, Serious Health Condition Leave, and Military Emergency Leave will generally be provided with group health benefits for a 12-workweek period. Employees taking Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum of 26 workweeks. In some instances, the District may recover premiums it paid to maintain health coverage if you fail to return to work following an FMLA Leave.

If you are on an FMLA Leave but are not entitled to continue paid group health insurance coverage, in some circumstances you may continue your coverage through the District in conjunction with federal and/or state COBRA guidelines by making monthly payments to the District for the amount of the relevant premium. Please contact your Human Resource Representative for further information.

Your length of service as of the leave will remain intact, but accrued benefits such as vacation and sick leave will not accrue while on an unpaid FMLA leave.

Job Reinstatement

Under most circumstances, you will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement.

Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition Leave must submit an acceptable release from a health care provider that certifies the employee can perform the essential functions of the job as those essential functions related to the employee's serious health condition. For an employee on intermittent FMLA leave, such a release may be required if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, based on the serious health condition for which the employee took the intermittent leave.

“Key employees,” as defined by law, may be subject to reinstatement limitations in some circumstances. If you are a “key employee,” you will be notified of the possible limitations on reinstatement at the time you request leave.

Fraudulent Use of FMLA Prohibited

An employee who fraudulently obtains Family and Medical Leave from the District is not protected by FMLA’s job restoration or maintenance of health benefits provisions. In addition, the District will take all available appropriate disciplinary action against such employees due to such fraud.

Additional Information Regarding FMLA

A Notice to Employees of Rights under FMLA (WHD Publication 1420) is included in this handbook under Appendix A. Special FMLA Rules Apply to Employees of Schools. The special rules affect the taking of intermittent leave or leave on a reduced schedule, or leave near the end of an academic term (semester), by instructional employees.

“Instructional employees” – those whose principal function is to teach and instruct students in a class, a small group, or an individual setting. The term includes teachers, athletic coaches, and special education assistants. The term does not apply to teacher’s assistants or aids, counselors, curriculum specialists, cafeteria workers, maintenance workers, or bus drivers.

Leave taken for a period that ends with the school year and begins the next semester is leave taken consecutively rather than intermittently. The period during the summer vacation, when the employee would not have been required to report for duty is not counted against the employee’s FMLA leave entitlement. An instructional employee who is on FMLA leave at the end of the school year must be provided with any benefits over the summer vacation that employees would normally receive if they had been working at the end of the school year.

If an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule to care for a family member with a serious health condition, to care for a covered service member, or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment, and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, the employer may require the employee to choose either to:

Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee’s regular position.

These rules apply only to a leave involving more than 20 percent of the working days during the period over which the leave extends. For example, if an instructional employee who normally works five days each week needs to take two days of FMLA leave per week over a period of several weeks, the special rules would apply. Employees taking leave, which constitutes 20 percent or less of the working days during the leave period, would not be subject to transfer to an alternative position.

“Periods of a particular duration” means a block, or blocks, of time beginning no earlier than the first day for which leave is needed and ending no later than the last day on which leave is needed, and may include one uninterrupted period of leave.

If an instructional employee does not give required notice of foreseeable FMLA leave to be taken intermittently or on a reduced leave schedule, the District may require the employee to take leave of a particular duration or to transfer temporarily to an alternative position. Alternatively, the District may require the employee to delay the taking of leave until the notice provision is met. There are also different rules for instructional employees who begin leave more than five weeks before the end of a term, less than five weeks before the end of a term, and less than three weeks before the end of a term.

Regular rules apply except in circumstances when:

1. An instructional employee begins to leave more than five weeks before the end of a term. The employer may require the employee to continue taking leave until the end of the term if:

• The leave will last at least three weeks, and

• The employee would return to work during the three-week period before the end of the term.

2. The employee begins to leave during the five-week period before the end of a term because of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered service member. The employer may require the employee to continue taking leave until the end of the term if:

• The leave will last more than two weeks, and

• The employee would return to work during the two-week period before the end of the term.

3. The employee begins to leave during the three-week period before the end of a term because of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered service member. The employer may require the employee to continue taking leave until the end of the term if the leave will last more than five working days.

For purposes of these provisions, “academic term” means the school semester, which typically ends near the end of the calendar year and the end of spring each school year. In no case may a school have more than two academic terms or semesters each year for purposes of FMLA.

An example of leave falling within these provisions would be where an employee plans two weeks of leave to care for a family member which will begin three weeks before the end of the term. In that situation, the employer could require the employee to stay out on leave until the end of the term.

If an employee chooses to take leave for “periods of a particular duration” in the case of intermittent or reduced schedule leave, the entire period of leave taken will count as FMLA leave.

In the case of an employee who is required to take leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement.

The employer has the option not to require the employee to stay on leave until the end of the school term. Therefore, any additional leave required by the employer to the end of the school term is not counted as FMLA leave; however, the employer shall be required to maintain the employee’s group health insurance and restore the employee to the same or equivalent job including other benefits at the conclusion of the leave.

Military Reserves or National Guard Leave of Absence

Employees who serve in the U.S. military organizations, state military groups or who serve in the National Disaster Medical System may take the necessary time off without pay to fulfill this obligation and will retain all of their legal rights for continued employment under existing laws.

These employees may apply for accrued personal leave and unused earned vacation time to the leave if they wish; however, they are not obliged to do so. You are expected to notify your supervisor as soon as you are aware of the dates you will be on duty, so arrangements can be made for replacement during this absence.

Military Leave

Both state and federal law provides employees with the right to take leave in order to serve in the military. At the federal level, military leave rights are governed by the Uniformed Services Employment and Reemployment Rights Act, commonly referred to as USERRA. This policy discusses military leave under USERRA.

USERRA establishes a “floor” for employees’ rights with respect to military leaves. States may provide an employee with greater or additional rights with respect to military leaves than those under USERRA.

Eligibility for Leave

The District provides unpaid military leaves of absence to employees who serve in the uniformed services as required by USERRA and applicable state laws. The uniformed services are defined as the Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, and Commissioned Corps of the Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency.

The uniformed services also include participants in the National Disaster Medical System when activated to provide assistance in response to a public health emergency, to be present for a short period of time when there is a risk of a public health emergency, or when they are participants in authorized training.

Service consists of performing any of the following on a voluntary or involuntary basis: active duty, active duty for training, initial active duty, inactive duty training, full-time National Guard duty, absence from work for an examination to determine fitness for such duty, and absence for performing funeral honors duty. Total military leave time may not exceed five years during employment, except in certain, defined circumstances.

Notice of Leave

Advance notice of leave is required, preferably in writing, unless giving notice is impossible or unreasonable, or notice is prohibited by military necessity (which is defined by the United States Department of Defense). When notice is required, employees must provide their supervisor with as much advance notice as possible of any anticipated leave of absence for military service. Accrued, unused vacation will be paid during military leave at the employee’s request. After 30 days of continuous military leave, employees may elect to continue their health plan coverage at their own expense, for up to 24 months or during the remaining period of service, whichever is shorter.

Reinstatement

In order to be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA.

Employees whose military service is less than 31 days must report back to work at the beginning of the first full, regularly scheduled workday following completion of service, after allowing for a period of safe travel home and 8 hours of rest.

Employees whose military service is more than 30 days, but less than 181 days must apply for reemployment within 14 days after completing service. Employees whose service is greater than 180 days must apply for reemployment within 90 days after completing service.

As with other leaves of absence, failure to return to work or to reapply within applicable time limits may result in loss of reemployment rights. Full details regarding reinstatement are available from Human Resources.

In general, an employee returning from military leave will be reemployed in the position and seniority level that the employee would have attained had there been no military leave of absence. If necessary, the District will provide training to assist the employee in the transition back to the workforce. Vacation benefits do not continue to accrue during a military leave of absence.

An employee returning from military leave is entitled to any unused, accrued vacation benefits the employee had at the time the military leave began minus any vacation benefits the employee chose to use during the leave. Upon reinstatement, the employee will begin to accrue vacation benefits at the rate he or she would have attained if no military leave had been taken.

If the employee works in a state that provides rights greater than those provided under USERRA, the District would provide those rights.

Hours, Pay & Performance Policies

Attendance

You are expected to adhere to the work schedule designated by the District. Predictable and regular attendance is expected. It is your responsibility to notify your immediate supervisor of any absences as far in advance of your starting time as possible. If your immediate supervisor is not available, another supervisor should be notified by phone or via email. Absences must be verbally reported by you or an immediate member of your family (only if you are physically unable to do so) no later than one hour from the beginning of your shift or normal workday. Please note that sending a text message is not an acceptable form of notification. If you fail to give such notification, you could be subject to disciplinary action.

Management reserves the right to require documentation to substantiate any absence. If you are absent for three (3) consecutive days without giving the District notification, your absence may be considered a voluntary resignation (unless it is a medical emergency that prevents you from reporting your absence), effective the first day of the absence.

You are expected to report to work on time. Excessive absenteeism or tardiness may subject you to disciplinary action, up to and including termination of employment, unless the reason is legally protected or otherwise excused.

Direct Deposit

We require direct deposit for all Employees, as it is the easiest way to receive your payment. Employees are requested to provide information to initiate direct deposit within five days of their hire date.

The following circumstance constitute an exception to the direct deposit practice:

• An employee’s last pay may be by check to facilitate the checkout process and ensure that Southwest Preparatory School property is returned prior to departure. The preferred method will still be by direct deposit.

Employee Recognition and Appreciation

Continuous efforts are made throughout the year to recognize employees who make an extra effort to contribute to the success of the District. Employees are recognized at board meetings and through special events and activities. This is an ongoing process. All employees are encouraged to submit recommendations on how to recognize employees and/or submit ideas about cost-saving measures.

Garnishments

We expect you to manage your financial affairs so that we will not be obligated to execute any court-ordered wage assignment/garnishment against your wages. However, whenever court-ordered deductions are to be taken from your paycheck, you will be notified, and the District will fulfill its obligations in accordance with the law. According to the Federal Wage Garnishment Act, three (3) or more Garnishments may be cause for dismissal.

Hours of Work

The campus Principal or direct supervisor will set working hours for campus employees. Daily and weekly schedules may be changed from time to time at the discretion of Southwest Preparatory School to meet varying operational demands.

District employees' work hours are established by the needs of the District and coordinated with your supervisor.

All employees are expected to report to work when asked and work the established, scheduled hours unless previously approved by management. Failure to adhere to your given schedule may result in disciplinary action, up to and including termination of employment, unless the reason is legally protected or otherwise excused.

Exempt Employees

Exempt employees are required to work according to the work schedule set by the District. A school calendar is adopted each year, designating the work schedule for teachers, required in-service days, and all school holidays.

Non-Exempt

All non-exempt employees' work schedules are established by their Principal or Supervisor.

Overtime

Southwest Preparatory School’s workweek is from 12:01 a.m. Monday and ends at 12:00 Midnight Sunday.

Employees with an employment classification of “exempt” do not receive overtime. An exempt employee’s salary is compensation for all hours worked during the workweek.

Overtime for non-exempt employees is paid at 1-1/2 times the straight-time rate for hours worked in excess of forty (40) hours in a workweek or as otherwise required by applicable law.

Overtime must be authorized in writing in advance by your supervisor. Employees must contact their supervisor regarding work situations that may cause them to incur overtime and receive authorization to work overtime prior to incurring overtime. Employees who work overtime without prior approval from their supervisor may be subject to disciplinary action, up to and including termination of employment.

Payday and Paychecks

Normally, paychecks are distributed by either direct deposit or personal distribution. If you are scheduled to be absent on a payday, you may make arrangements with your supervisor to have someone else pick up your paycheck. However, the person picking up the paycheck must present a written authorization signed by you giving them the authorization to pick up the check as well as a valid picture ID.

All compensation due to an employee, whether supplemental, extra, etc., will be all-inclusive and not separate. Based on the procedures of the employee's banking institution, direct payroll deposits will be available no later than the morning of each payday.

Pay Dates

Employees are encouraged to contact Carol Solis at carolina.solis@swprep.org if they have any questions regarding specific payment dates.

Review Your Pay Stub

Southwest Preparatory School makes every effort to ensure our employees are paid correctly. Occasionally, however, inadvertent mistakes can happen. When mistakes happen and are called to our attention, we promptly will make any necessary corrections. Please review your pay stubs to make sure it is correct. If you believe a mistake has occurred or if you have any questions, please contact Carol Solis at carolina.solis@swprep.org. Your paystubs are available in your Websmart Portal.

Non-exempt Employees

If an employee is classified as a non-exempt employee, the employee must record the all-time he or she works each day. An employee’s hours must be recorded accurately, including arrival, departure, and meal break times. These hours must be accurately recorded on a time card or the available timekeeping system. Each employee and supervisor must sign off on hours worked and verify that the reported hours worked are complete and accurate.

Your time records must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures, and meal breaks. You should submit your completed hours worked for verification and approval at the end of each pay period. When you receive each paycheck, please verify immediately that you were paid correctly for all regular and overtime hours worked each workweek.

Exempt Employees

If you are classified as an exempt, salaried employee, you will receive a salary intended to compensate you for all hours you work for the District. Exempt employees will be required to use Local leave for full or partial day absences for personal reasons, sickness, or disability.

To Report Violations of This Policy, Communicate Concerns, or Obtain More Information

It violates the District’s policy for any employee to falsify time records or alter another employee’s time card or any other time record. It is also a serious violation of District policy for any employee or Supervisor to instruct another employee to incorrectly or falsely report hours worked or alter another employee’s time record to under or over-report hours worked.

If any Supervisor or employee instructs you to:

incorrectly or falsely under or over-report your hours worked
alter another employee’s time records too inaccurately or falsely report that employee’s hours worked
conceal any falsification of time records or to violate this policy, do not do so.

Instead, report it immediately to the Human Resources Department.

You should not work any hours outside of your scheduled workday unless your supervisor has authorized the unscheduled work in advance. Do not start work early, finish work late, work during a meal break, or perform any other extra or overtime work unless you are authorized to do so and that time is recorded on your time card or timekeeping system. Employees are prohibited from performing any “off-the-clock” work. “Off-the-clock” work means work you may perform but fail to report on your time card. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including discharge.

If you have questions about deductions from your pay, please contact the Human Resources Department immediately. If you believe your wages have been subject to any improper deductions or your pay does not accurately reflect all hours worked, you should report your concerns to a supervisor immediately. If a supervisor is unavailable or if you believe it would be inappropriate to contact that person (or if you have not received a prompt and fully acceptable reply within three business days), you should immediately contact the Human Resources Department at 210-829-8017.

Every report will be fully investigated and corrective action will be taken, up to and including termination of any employee(s) who violates this policy.

In addition, the District will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the District’s investigation of such reports. Retaliation is unacceptable. Any form of retaliation in violation of this policy will result in disciplinary action, up to and including termination of employment.

Payroll Deductions

Automatic payroll deductions for the Texas Teacher Retirement System (TRS) and federal income tax are required for all full-time employees. Temporary, TRS retirees and part-time employees who are not eligible for TRS membership must have their OASDI (Old age, Survivor, and Disability Insurance, commonly referred to as Social Security) and Medicare contributions deducted.

Other payroll deductions employees may elect to include deductions for the employee’s dependent health, voluntary insurance through our 125 Cafeteria Plan, and 403(b) retirement plan. Salary deductions are automatically made for unauthorized or Leave without Pay.

An accounting of all District property will be conducted at the end of each semester or school year or when the employee leaves employment. The replacement cost of any property, i.e., textbooks, computers, etc not satisfactorily accounted for may be deducted from the employees' pay.

All employees are required to sign the WAGE DEDUCTION AUTHORIZATION indicating their understanding that all receipts from expenses incurred on a District credit card (Pcard) should be submitted to the Accounts Payable Department within the allowable time frame. Any balance not cleared may be deducted from the employee's pay.

Performance Appraisals

Evaluation of an employee’s job performance should be a continual process that focuses on growth. Performance evaluations are based on an employee’s assigned job duties and other job-related criteria. All employees will participate in the evaluation process with their assigned supervisor each year and Principals/Supervisors may develop a Professional Growth and Development Plan. The Plan can assist the employee in developing professional goals and objectives and provide the Principal a way to gauge the progress of the employee during the school year and will assist in developing performance-based evaluations.

Principals/Supervisors will provide the Employee with a copy of the employee’s evaluation form at the beginning of each evaluation period. The employee will initial the original form indicating the employee’s understanding of expectations. Written evaluations will be completed on forms approved by the District. Reports, correspondence, and memoranda can also be used to document performance information. An employee must be provided a copy of any information placed in his/her personnel file. All employees will receive a copy of their written evaluation, have a performance conference with their supervisor, and have the opportunity to respond to the evaluation.

Salary & Wage Administration

Salaries and wages are determined in accordance with the Southwest Preparatory School Employee Staff Pay schedule. Most salary increases are determined by an employee’s annual performance evaluation, however, the Superintendent has the authority to make adjustments as deemed appropriate in special situations. While Southwest Preparatory School is a merit-based school, adjustments are determined by the availability of funds.

Special Education Assistants may be required to pass a competency exam within 90 days of their hire date. Individuals will be allowed two attempts to pass the competency exam. Employees who successfully pass the exam may be eligible for an increase in pay the month after successful completion.

Your compensation may be reviewed periodically. The key factors to be considered in recommending an adjustment to your compensation include, but are not limited to, the quality and quantity of your work performance, your performance in relation to others, your attendance, new and added responsibilities that you have assumed or will assume, salaries in the local area for similar positions and the economic position of the District. A positive performance review is not a guarantee of a salary increase or even continued employment. All employees remain employed at will.

Termination

In the event you wish to voluntarily resign your employment with the District, you are expected to give the District a 30-day notice of your intentions.

Failure to provide such notice in writing to your supervisor or Human Resources may result in the employee not being eligible for rehire and not receiving accrued, unused paid time off (as allowed under applicable state and local law). You will be considered to have resigned your employment if you leave the District because of these additional reasons unless the reasons for failure to return are legally protected: failure to return from any paid or unpaid leave of absence without prior approval, unauthorized absence in excess of three (3) working days, retirement or death.

The District retains the right to be an “at-will” employer and may terminate your employment with the District at any time, with or without cause. Terminations may be reviewed to ensure compliance with federal, state and local law as otherwise described in this Handbook.

Causes for the termination of an employee include, but are not limited to:

Falsifying employment information or other District records
Poor work performance
Reduction in the workforce (layoff)
Violation of District and/or office guidelines, anti-harassment, anti-discrimination and anti-retaliation policies, and rules of conduct
Failure to respond to disciplinary procedures
Failure to comply with management’s directions regarding job duties
Unexcused, excessive absenteeism or tardiness, unless the underlying reason is legally protected
Theft, misappropriation of District property, dishonesty, malfeasance
Acts endangering the safety of others
Soliciting or accepting gratuities from clients
Reporting to work intoxicated or under the influence of non-prescribed drugs
Engaging in the illegal manufacture, possession, use, sale, distribution or transportation of drugs;
Bringing or using alcoholic beverages on District property or while engaged in District business at the client or other locations, except where authorized
Physical fighting or using obscene, abusive, or threatening language or gestures
Theft of property from the District or its clients, suppliers or employees
Unauthorized possession of a firearm on District premises (other than as allowed by law) or while on District business;
Disregarding safety or security regulations
Failure to maintain the confidentiality of District business or client information
Conduct that jeopardizes the life or property of another, intentional violation of a law or violation of a policy or rule adopted to ensure the safety of employees
Receiving three written reprimands in a contract year

Reporting Time/Timesheets

Employees are responsible for ensuring their time records are accurate and complete using our digital timesheet system. Falsifying time records will result in disciplinary action, including termination of employment.

Employees should not wait until the end of the pay period to complete their timesheets. The individual Employee and the Employee’s immediate supervisor will sign all timesheets. Delinquent timesheets may result in a delayed paycheck. Each pay period requires an approved timesheet. It is your responsibility to complete your timesheet accurately.

Employee Benefits

Health, Dental, Disability, and Life Insurance Benefits

Benefits shall begin from the date of hire or the first of the following month, subject to any introductory period required by a particular benefit plan. SWPRREP will reimburse up to $250.00 of medical benefit if covered outside of the district. Employees will need to submit proper documentation by the end of the enrollment period. If paperwork is not submitted by the deadline you will have to wait till open enrollment to receive the reimbursement.

TRS – Medical Premium Contribution

Southwest Preparatory School and /or the state may contribute towards the cost of an eligible employee’s health insurance if participating in a TRS-sponsored Health Care Plan. Details of the choices, costs, rules, and regulations will be provided to all interested Employees by the Human Resources Department.

Holidays

Southwest Preparatory School does not compensate employees for holidays.

Jury and Witness Duty

The District encourages employees to serve on a jury or witness duty when called. You must notify your supervisor of the need for time off for jury or witness duty and provide a copy of the notice or summons from the court or the subpoena as soon as it is received so accommodations may be made to allow you to serve, or so your date of service can be reset if it conflicts with an important District deadline.

Employees will not incur any reduction in pay for a partial week of absence due to a jury or witness duty. Employees are required to present documentation of the service and a copy of any compensation they receive.

Employees must call in each morning they serve on the jury and provide feedback to their supervisor as to the status of their jury duty. Feedback refers to the status and duration of their jury duty service. Verification from the court clerk of having served is required and you will be expected to report or return to work for the remainder of your work schedule on any day you are dismissed from jury or witness duty.

Voting

The District will provide time off for voting as required by state and local law.

Other Court Appearances

Employees will be granted paid leave to comply with a valid subpoena to appear in civil, criminal, legislative, or administrative proceedings, associated with the District. Absences for court appearances related to an employee’s personal business may be taken as personal leave. Employees may be required to submit documentation of their need for leave for court appearances. In the event that a court appearance takes more time than leave is available, the leave time will be unpaid.

Paid Time Off

All Contract employees receive five (5) days of personal leave annually and will be given one additional day for every completed year in addition to the current 5-day policy. See Chart Below.

● Up to a maximum of 10 days per year (187).

● Up to a maximum of 15 days per year( 215+).

● More than 5 consecutive days may not be taken without the Superintendent's pre-approval unless extenuating circumstances are involved.

Years of service	Standard days off	Additional days(187)	Additional days(215+)
0	5	0	0
1	5	1	2
2	5	2	4
3	5	3	6
4	5	4	8
5	5	5	10

The leave will be available immediately but will accrue at the rate of four (4) hours per month from August through May of each school year. Employees who have exhausted their leave and resign or leave employment for any other reason prior to accruing the 5 days will have their pay reduced for the portion of leave not accrued.

All leave will be scheduled with the Principal and/or Supervisor to ensure adequate coverage. Every request for leave will be considered but the needs of the Campus/Office will have priority.

All contract employees with an at-will agreement of 215 days or greater are eligible for additional paid time off based on years of service. The leave will be available immediately but will accrue at the rate of eight (8) hours per month from August through May of each school year. Employees who have exhausted their leave and resign or leave employment for any other reason prior to accusing the 10 days will have their pay reduced for the portion of leave not accrued. 0-9 years= 5 local days and 10+years= 10 local days

Leave cannot be taken at the beginning of a term or at the end of a term. Days must be spaced equally throughout the school year and must meet all the local leave policy requirements.

Employees who have responsibility for working on more than one campus will notify their designated supervisor along with Human Resources, of their absence. Failure to notify all parties, in lieu of a verifiable emergency, may result in denial of leave and subsequent payroll deduction in the event the employee has exhausted their personal leave and may subject the Employee to further disciplinary action.

New employees beginning employment on or after January 1st of the school year will receive 2.5 days of personal leave to be used during the period January – June of the school year.

Leave will be available immediately but will accrue at the rate of 4 hours per month from January through June of each school year. Employees who have exhausted their leave and resign or leave employment for any other reason prior to accruing the 2.5 days will have their pay reduced for the portion of leave not accrued.

Part-time employees do not accrue personal leave.

Southwest Preparatory School has no provision for “carry over” of any unused leave balances.

Procedure for Requesting Leave

All leave is to be requested in advance, when possible, using the digital Absence Management System (AMA) at least 10 days before the requested time. Leave requests due to illness, etc, that cannot be preplanned are to be submitted to the Principal/Supervisor immediately upon return to work. Approval of all leave requests will be contingent upon the needs of the School. The Principal/Supervisor either approves or disapproves the request no later than 3 days after the leave was taken. Failure to submit a leave request or absence in the AMS could result in disciplinary action.

The Employee is to keep a copy for their records. All leave, personal, medical, or professional, will be documented through the AMS system. The payroll specialist can provide assistance with documenting leave at carolina.solis@swprep.org. Handwritten documentation of leave may not be accepted. Failure to submit documentation in the AMS system may result tin disciplinary action.

Should an Employee exhaust all personal days or vacation time, any additional absences may result in unpaid leave. Absences will be computed on a daily rate of pay basis and may be deducted from the employee’s next paycheck.

Contract-exempt employees who may have to leave during the school day for short periods of time (less than 4 hours) are not required to deduct the time away from their personal days; however, the Employee is required to notify the Principal or Principal designee that they will be off-campus.

It is the employee’s responsibility to notify the Principal of their departure from campus and their return by providing a statement addressed to the Principal or designee, stating the departure and return time. Upon return to the campus, the Employee will notify the Principal of their return. The Principal may require a sign-out/sign-in record.

Supplemental Insurance Benefits

IRS Section 125 Cafeteria Plan

Employees may be eligible to participate in the Cafeteria Plan (Section 125) under IRS regulations and are required to either accept or reject this benefit. This plan enables employees to pay certain insurance premiums on a pre-tax basis.

Flexible Spending Account

Southwest Preparatory School may also offer employees an opportunity to participate in a Flexible Spending Account (FSA) to cover costs for certain medical and dependent daycare expenses at pre-tax savings, e.g., health insurance co-payments, dental/vision care, diabetic supplies.

• Flexible Spending Account: maximum annual deferral is $2,500.00.

• Flexible Spending Account dependent care maximum deferral is $5,000.00 (Cost of licensed daycare expenses)

• Employees should enroll in the Section 125 Plan during the annual open enrollment period each year to take advantage of the pre-tax savings.

The Employee may withdraw monies from these accounts throughout the plan year as eligible expenses are incurred. If applicable, Plan documents are located online and information will be provided during the annual open enrollment.

You do not have to participate in the FSA to take advantage of any other before-tax benefits.

Supplemental Retirement Plans

In addition to participation in the Teachers Retirement System of Texas, Southwest Preparatory School offers employees the opportunity to participate in one additional voluntary retirement plan, the 403(b). Southwest Preparatory School has approved and adopted a plan for the 2014-2015 school year with American Funds. The plan documents and related information regarding the plan may be viewed in the Human Resources Department.

The Employer may or may not choose to make contributions to the 403(b) plan for participating employees dependent upon fiscal capability. The Southwest Preparatory School 403(b) plan is a voluntary retirement plan. Individual investment options are intended to provide employees flexibility and control in managing their individual retirement plans.

You can contact the Human Resources Department for assistance with obtaining further information or enrolling in the 403(b) retirement plan.

Teacher Retirement

ll personnel employed on a regular basis for at least one-half of the normal work schedule are members of the Texas Teacher Retirement System (TRS). Substitutes who work at least 90 days a year are also eligible for TRS membership and eligible to purchase a year of creditable service. TRS provides members with an annual statement of their account showing all deposits and the total account balance for the year ending August 31. In addition, an estimate of retirement benefits is also provided.

Employees who plan to retire under TRS should notify the Payroll Department carolina.solis@swprep.org as soon as possible. Information on application procedures for TRS benefits is available from the Business Office. An active full-time employee is also considered an active TRS member. If an active TRS member passes away during the school year, there is a death benefit of double their annual salary or $80,000 maximum.

Additional inquiries should be addressed to:

Teacher Retirement System, 1000 Red River Street, Austin, TX 78701-2698, or call (800) 223-8778 or (512) 397-6400.

Unemployment Compensation Insurance

Employees who have been laid off or terminated through no fault of their own may be eligible for unemployment compensation benefits under the Texas Unemployment Compensation Act.

Employees are not eligible to collect unemployment benefits during regularly scheduled breaks in the school year and/or the summer months if they have employment contracts or reasonable assurance of returning to service.

Employees with questions about unemployment benefits should contact the Texas Workforce Commission.

General District Policies

Accident Procedure

All employees must report any injury and/or accident to his or her supervisor and Human Resources immediately or no later than 24 hours after the incident. Failure to report incidents could result in disciplinarian actions.

Anti-Retaliation Policy

The District strictly prohibits retaliation against any person by another employee or by the District for using the District’s complaint procedure, reporting harassment or discrimination, or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by the District or a governmental enforcement agency. The District also prohibits retaliation and discrimination against an individual for filing a workers’ compensation claim, hiring an attorney in connection with a workers’ compensation claim, testifying in a workers’ compensation hearing, or otherwise participating in a workers’ compensation proceeding.

Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions, or otherwise denying any employment benefits.

The District does not consider conduct in violation of this policy to be within the course and scope of employment and does not sanction such conduct on the part of any employee, including management employees. Such prohibited conduct may lead to discipline, up to and including termination of employment.

Drug-Free Workplace Policy

Purpose and Coverage

The District values its employees and customers and recognizes the need for a safe, productive, and healthy work environment. Employees who abuse drugs and/or alcohol are less productive, less dependable, and are a critical threat to the safety, security, and welfare of co-workers, customers, vendors, those who do business with the District, as well as the general public. The establishment of a Drug-Free Workplace Policy is consistent with District’s desire to provide a safe, productive work environment for our employees.

Accordingly, it is the policy of the District to maintain a work environment free from the use and abuse of illegal drugs and alcohol. Compliance with this Policy is a condition of employment. Failure to comply with this policy may result in termination without prior warning. If questions arise regarding this Policy, please direct them to the Human Resources Department.

This Policy covers all employees of the District, including employees who are also covered by and subject to rules regarding the use of illegal drugs and alcohol under United States Department of Transportation (DOT) regulations. Employees who are covered by and subject to the DOT regulations must comply with this Policy and the District’s DOT-Regulated Drivers’ Drug and Alcohol Policy. Co-employees under the direction and control of Southwest Preparatory School may also be required to be tested if required under a client’s drug and/or alcohol testing policy, provided that the testing is in accordance with the policy and the policy complies with applicable law.

This Policy, by its terms, also covers applicants insofar as applicants, after a conditional offer of employment has been made, may be required to take and pass a pre-employment drug test. Applicants, however, are not entitled to participate in any Employee Assistance or Rehabilitation Program offered by the District to its employees.

“Southwest Preparatory School Premises” includes all buildings, grounds, parking lots, at all campuses, and any other District property.

Non-Discrimination

In accordance with the requirements of the Americans with Disabilities Act and the Americans with Disabilities Act Amendment Act, and applicable state law, the District does not discriminate against employees or applicants who are qualified individuals with a disability. This includes individuals who are not currently engaged in the use of illegal drugs and who do not otherwise violate the provisions of this Policy, including but not limited to individuals who: 1) have successfully completed a supervised rehabilitation program and are no longer engaging in illegal drug use; 2) have otherwise been rehabilitated successfully and are no longer engaging in such use; or 3) are participating in a supervised rehabilitation program and are no longer engaging in such use.

Inspections

The District reserves the right to inspect vehicles, premises, and property (including offices, desks, lockers, and other repositories) and personal effects (such as lunch boxes/bags, purses, gym bags, backpacks, handbags, briefcases, packages, or coats) where there is reasonable cause to believe that an employee has violated this Policy.

Definitions

For the purposes of this policy, “employee” means an employee, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for the District.

“Drug” means a controlled substance, as defined in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. § 812, including cocaine, opiates, marijuana, amphetamines, phencyclidine (PCP).

The term "illegal drug" includes all drugs the possession or use of which are made unlawful under federal, state, or local law. “Illegal drug” does not include drugs obtained and taken under supervision by and in accordance with prescriptions or other instructions issued by a licensed health care professional and other drugs otherwise authorized to be used under the Controlled Substances Act.

Under the influence of alcohol means (1) the presence of alcohol in the individual’s system which equals or exceeds a blood alcohol content (BAC) of .04; or (2) behavior, appearance, speech, or bodily odors that lead a supervisor or Supervisor to reasonably suspect that the employee is impaired by alcohol during working time or on District premises.

“Dilute Specimen” means a urine specimen with creatinine and specific gravity values that are lower than expected in human urine.

“During the working time” means the time during which the employee is being paid to work for or represent the District or the employee is in fact representing the District’s interests (including while assigned to a client site). The term also includes all paid break and meal periods.

“Substituted Specimen” means a urine specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.

“Adulterated Specimen” means a urine specimen that has been altered as evidenced by test results showing either a substance that is not a normal constituent for a urine specimen or an abnormal concentration of an endogenous substance.

Policy Prohibitions

Employees are strictly prohibited from engaging in the conduct listed below.

With respect to illegal drugs, employees violate this policy by engaging in the following conduct, whether or not during work time or on the District’s premises or property:

Bringing and/or storing (including in a desk, locker, automobile, or other repository) illegal drugs, hallucinogens, or drug paraphernalia on the District’s premises or property, in District-owned or leased vehicles, in vehicles used for District purposes, or on client premises or property
Having possession of, being under the influence of, testing positive for, or otherwise having in one’s system, illegal drugs or their metabolites
Using, consuming, transporting, distributing, or attempting to distribute, manufacturing, selling, or dispensing illegal drugs
Engaging in activity that results in a conviction, and/or a conviction or plea of guilty relative to any criminal drug offense while employed by the District.
All employees must notify the District in writing of any criminal drug conviction no later than five (5) calendar days after such conviction
Abuse of prescription drugs which includes exceeding the recommended prescribed dosage or using others’ prescribed medications
Switching, tampering with, or adulterating any specimen or sample collected under this Policy, or attempting to do so, or refusing to cooperate with the terms of this Policy
Refusing a test, including conduct obstructing testing such as failure to sign necessary paperwork, failing to report to the collection site at the appointed time and failing to remain available for a post-accident test
Failure to consent to, participate in and abide by the terms and recommendations of any Employee Assistance Program (EAP) assessment or rehabilitation program to which the District makes a referral, including but not limited to, failure to follow recommendations, if any, regarding behavior modification and abstinence or failure to be available for any prescribed continuing or follow-up sessions
Failure to advise a supervisor or Supervisor of the use of a prescription or over-the-counter drug which may alter the employee’s ability to perform the essential functions of his or her job– Note: where lawful, we have contracted with our laboratories and Medical Review Officers, (“MRO”), to take additional measures in the event of detection of prescription drugs that you have not informed us of where prescription drugs are detected, an occupational health physician, likely the Medical Review Officer will review the essential requirements of your job, and, if the medication listed would, in the physician’s opinion after a review of an investigation into the facts, affect your ability to perform those functions, the MRO will inform the District of the prescription, and the District reserves the right to initiate an interactive process and to work with you to decide how, if at all, these circumstances would affect your employment status
Failure of employees to notify his or her supervisor before going to work if

He or she believes that he or she is under the influence of drugs
He or she is taking medication that may prohibit the employee from discharging his/her duties in a safe manner

The District will not generally consider the use of medical marijuana or hemp products a valid medical explanation for a positive marijuana test results except where required by state law.

With respect to alcohol, employees violate this policy by engaging in the following conduct during work time or on District premises or property, which includes all District work sites, District-owned or leased vehicles, vehicles used for District purposes, and client premises or property:

Bringing and/or storing (including a desk, locker, automobile, or another repository) alcohol on the District premises or property as defined above
Having possession of, being under the influence of, testing positive for, or having in one’s system, alcohol
Using, consuming, transporting, distributing, or attempting to distribute, manufacturing, selling, or dispensing alcohol
A conviction or plea of guilty relative to any criminal alcohol offense. All employees must notify the District in writing of any criminal alcohol conviction no later than five (5) calendar days after such conviction
Switching, tampering with, or adulterating any specimen or sample collected under this Policy, or attempting to do so
Refusing to cooperate with the terms of this Policy, which includes submitting to questioning, alcohol testing, medical or physical tests or examinations, when requested or conducted by the District or its designee. A refusal to test includes conduct-obstructing testing such as failure to sign the necessary paperwork, failing to report to the collection site at the appointed time and failing to be reasonably available for a post-accident test
Failure to consent to, participate in and abide by the terms and recommendations of any Employee Assistance Program (EAP) assessment or rehabilitation program to which the District makes a referral, including but not limited to, failure to follow recommendations, if any, regarding behavior modification and abstinence or failure to be available for any prescribed continuing or follow-up sessions
Failure of employees to notify his or her supervisor before going to work if he or she believes that he or she is under the influence of alcohol

There may be occasions when it is permissible to consume reasonable amounts of alcohol during regular work hours, provided that consumption of alcohol is authorized by Deputy Superintendent or Superintendent. Examples of occasions that might qualify for exemption include business functions, office celebrations, professional events or professional association meetings, business travel, or marketing/entertaining clients or potential clients. Employees who choose to consume alcohol at such functions are expected to act responsibly and to refrain from becoming intoxicated or impaired.

Notwithstanding the foregoing exceptions, employees understand that it is a violation of this Policy to drive any vehicle while under the influence of alcohol, or the employee believes that he or she is under the influence of alcohol. Supervisors or employees who find themselves in these circumstances are expected to ensure that the involved employee or employees do not drive, but instead, take a taxi cab and/or stay at a hotel.

Employees who engage in any of the prohibited conduct listed above are in violation of this Policy and are subject to discipline, up to and including immediate termination at the District’s discretion.

While the discipline imposed will depend on the circumstances, ordinarily, certain offenses will result in immediate termination (e.g. possession, sale, or use of illegal drugs on the District’s premises or during working time).

In the event an employee is not terminated for a policy violation, the District reserves the right to refer employees with a verified positive drug and/or confirmed alcohol test for assessment, counseling, rehabilitation services or treatment by a Rehabilitation Service Provider, Substance Abuse Professional, or other qualified person licensed or certified in accordance with applicable state law to provide chemical dependency counseling and to require any employee so-referred to enter into and abide by one or more of the following:

A Rehabilitation Agreement and/or a Return-to-Work Agreement
Costs associated with this benefit may be covered by the employee’s medical insurance plan; however, any costs not covered by the employee’s medical insurance plan and which are not otherwise required to be paid by any applicable plan are entirely the employee's sole responsibility.

Testing

The District reserves the right, within the limits of federal, state, and local laws, to examine and test for the presence of drugs and/or alcohol. Under the conditions of this Policy, applicants or employees may be asked to submit to a medical examination and/or submit to urine, hair, saliva, blood, or breath testing for drugs and/or alcohol.

Circumstances of Testing

The types of testing performed by the District may include, but are not limited to, the following

Pre-Employment/Pre-Placement

The District may make all offers of employment subject to and conditioned on the applicant submitting to a pre-hire drug test and receiving a negative test result. Applicants applying for safety-sensitive jobs may also be required to submit to a pre-hire alcohol test and receive a negative test result. If the applicant tests positive or if the applicant refuses to undergo testing, the offer of employment will be withdrawn.

Post-Accident

A drug and/or alcohol test will be conducted for all employees whose acts, or failures to act, appear to have caused or contributed to an accident occurring during work time, on work premises, or while operating a District-provided vehicle.

Covered accidents include accidents that result in:

Personal injury to employees or others, which necessitates emergency first aid and/or off-site medical attention
Damage to the District’s property

Employees are expected to report an accident immediately and to remain available for post-accident testing. If circumstances require an employee to leave the scene of an accident, the employee must make a good faith attempt to notify the District of his or her location as soon as possible. Any employee who fails to report any work-related accident is in violation of this Policy and is subject to disciplinary action, up to and including termination.

Employees asked to submit to such tests will be escorted to the collection site and then sent home until test results are received. All employees sent for post-accident testing will be placed on a non-disciplinary suspension until the District receives the test results. Hourly employees will not be compensated for time missed from work if the test is positive but will be compensated if the test is negative. Employees who test positive on a post-accident test may be ineligible for workers’ compensation benefits.

Employees may be subject to unannounced drug tests on a random selection basis. Employees in safety-sensitive roles may also be subject to random alcohol testing.

Random selection basis means a mechanism for selection of employees that:

Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected
Does not give the District discretion to waive the selection of any employee selected under the mechanism

Please consult your supervisor if you have questions with respect to whether your position is considered safety-sensitive.

Reasonable Suspicion

Employees will be asked to submit to a drug and/or alcohol test if reasonable suspicion exists indicating that the employee is under the influence of illegal drugs or alcohol. Such determinations will be made by a supervisor based upon factors such as behavior, speech, appearance, and bodily odors. Employees asked to submit to such tests will be escorted to the collection site and then sent home until test results are received.

All employees sent for reasonable suspicion testing will be placed on a non-disciplinary suspension until the District receives the test results. Hourly employees will not be compensated for time missed from work if the test is positive but will be compensated if the test is negative.

Return-to-Duty

Employees who have tested positive and whose employment is not being terminated as a consequence will be required to submit to an evaluation for substance abuse dependence and to complete any education and/or treatment prescribed by a substance abuse professional. Once released to return to work, the employee must take and pass a drug and/or alcohol test result prior to returning to work.

Follow-Up Drug Testing

An employee who has been removed voluntarily or otherwise from his or her job duties on the basis of a verified positive drug test result and/or confirmed positive alcohol test result will be subject, following the return to work, to unannounced drug and/or alcohol testing.

The testing will be unannounced and may continue up to twenty-four (24) months from the return-to-work date.

Consent

No alcohol test may be administered, a sample collected, or a drug test conducted on any sample without the written consent of the person being tested. However, a person’s refusal to submit to a proper test will be viewed as a refusal to test and will subject the person to disciplinary action, up to and including termination.

As a condition of employment or continued employment, applicants and employees must sign a consent form, which will be provided to them along with a copy of this Policy. Refusal to sign the consent form will result in the withdrawal of a conditional job offer and/or termination.

Test Costs

Southwest Preparatory School will pay the costs of all drug and/or alcohol tests it requires of employees and applicants.

Collection and Chain-of-Custody

Persons being tested will be asked to provide a test sample by the collection site person or medical personnel. Procedures for the collection of specimens will allow for reasonable individual privacy. Urine specimens will be tested for temperature and may be subject to other validation procedures as appropriate. Dilute urine specimens may require a recollection. The collection site person and the person being tested will maintain chain-of-custody procedures for specimens at all times.

Testing Methods

Drug test specimens may include urine, hair, or saliva. All drug test samples will be screened using an immunoassay technique, and all presumptive positive drug tests will be confirmed using gas chromatography/mass spectrometry (GC/MS). All confirmatory drug tests will be conducted by a laboratory certified by the federal Substance Abuse and Mental Health Services Administration to conduct workplace drug testing. Alcohol tests may be conducted using breath, saliva, or blood and will ordinarily be conducted and confirmed immediately at the collection location.

A test result showing 0.04 percent or more alcohol in an individual’s system will be considered a positive test result. Tests will seek only information about the presence of drugs and alcohol (or their metabolites) in an individual’s body and will not test for any medical condition. Prescription and over-the-counter medications may cause a positive drug test result.

Notification

The District has contracted with a Medical Review Officer (“MRO”) (a health care professional with expertise in toxicology) who will attempt to contact any individual whose drug test sample is confirmed positive by the laboratory. The MRO will offer the individual an opportunity to discuss, in confidence, any legitimate reasons he or she may have that would explain the positive drug test. If the individual provides an explanation acceptable to the MRO that the positive drug test result is due to factors other than the consumption of illegal drugs or other prohibited behavior, the MRO will order the positive test result to be disregarded and will report the test as negative. Otherwise, the MRO will verify the test as positive.

The MRO may also review test results that are apparently dilute, substituted, or adulterated and verify those test results as well.

Test Results

Where required by state law, individuals will be provided with a copy of their own test results.

Right to Retest – An individual who tests positive for drugs may request that his or her original sample be sent to a different certified laboratory for another confirmatory test at the individual’s expense, although SWPS may suspend, transfer, or take other appropriate action pending the results of a re-test.

Negative Dilute Specimens – If the District’s MRO informs the District that a negative drug test was dilute, the following will apply:

Dilute Negative with Low Creatinine – If the MRO indicates that the laboratory reported the specimen as negative dilute with a creatinine concentration of the specimen equal to or greater than 2 mg/dL but less than or equal to 5 mg/dL, the District will immediately instruct the employee to undergo a recollection under direct observation so that people who may naturally produce low creatinine levels will not be reported as having substituted their specimens.
Other Dilute Negative – Otherwise, if the creatinine concentration of the dilute specimen is greater than 5 mg/dL but less than 20 mg/dL, the District will direct the particular individual to take another test immediately for all test types (i.e., pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up). Such recollections will be unobserved.

Instead of a second urine collection, the District may also elect to require the individual to submit to another form of tests, such as a saliva or hair test.

A refusal to submit to the second test as directed by the District will be deemed a test refusal. With respect to dilute recollections/retests, the result of the second test – not the original dilute result–will be the test of record upon which the District will rely. If the second test is also a dilute negative, the test will be treated as a negative test result.

Confidentiality and Privacy

All drug and alcohol test results are reported to the Director of Human Resources and are considered confidential.

Results will only be disclosed within the District on a need-to-know basis and retained in a secure location with controlled access as allowed by law. Information about an employee’s medical condition or history obtained in connection with a drug and alcohol test will be kept in a separate file and apart from the employee’s personnel file.

The release of an individual’s drug and alcohol test results and other information gained in the testing process will only be disclosed in accordance with an individual’s written authorization or as required or permitted by applicable law.

Employees or applicants will not be observed while providing a urine specimen unless there is reason to believe the employee or applicant has tampered with, adulterated, switched, or attempted to tamper with, adulterate or switch a urine specimen. Except where limited by law, one situation in which the District reserves the right to make an observed collection is when a laboratory reports a specimen as having a low creatinine concentration (i.e., a creatinine concentration greater than or equal to 2 mg/dL and less than or equal to 5 mg/dL) and the MRO reports the specimen as negative and dilute.

Reservations of Rights

This Policy supersedes and revokes any other District practice or policy relating to the use of drugs and alcohol in the workplace and drug and/or alcohol testing except for the DOT-Regulated Drivers’ Drug and Alcohol Policy. The District reserves the right to interpret and administer this Policy, and at any time and at its sole discretion, amend, supplement, modify, revoke, rescind or change this Policy, in whole or in part, with or without notice and with or without consideration. This Policy is not an express or implied contract of employment, nor is it to be interpreted as such.

Additionally, this Policy does not in any way affect or change the status of an at-will employee. At-will employees continue to be free to terminate their employment or resign from employment at any time, and the District continues to be free to terminate employees, with or without cause, with or without notice, for any lawful reason, or for no reason at all. Nothing in this Policy is a promise or guarantee or should be construed as a promise or guarantee that the District will follow any particular course of action, disciplinary, rehabilitative, or otherwise, in any particular circumstances.

Fraud and Financial Impropriety

All employees should act with integrity and diligence in duties involving the District’s financial resources.

The District prohibits fraud and financial impropriety, as defined below. Fraud and financial impropriety include but is not limited to the following:

Forgery or unauthorized alteration of any document or account belonging to the District
Forgery or unauthorized alteration of a check, bank draft, or any other financial document
Misappropriation of funds, securities, supplies, or other District assets, including employee’s time
Impropriety in the handling of money or reporting of District financial transactions
Profiteering as a result of insider knowledge of District information or activities
Unauthorized disclosure of confidential or proprietary information to outside parties
Unauthorized disclosure of investment activities engaged in or contemplated by the District
Accepting or seeking anything of material value from contractors, vendors or other persons providing services or materials to the District
Destroying, removing, or inappropriately using records, furniture, fixtures, or equipment
Failing to provide financial records required by state or local entities
Failure to disclose conflicts of interest as required by policy
Any other dishonest act regarding the finances of the District

Any person who suspects fraud or financial impropriety shall report the suspicions immediately to any supervisor, the Superintendent or designee, the Board President, or local law enforcement.

Reports of suspected fraud or financial impropriety will be treated as confidential to the extent permitted by law. Limited disclosure may be necessary to complete a full investigation or to comply with the law. All employees involved in an investigation shall be advised to keep information about the investigation confidential.

Neither the Board of Directors nor any committed fraud or financial impropriety, the Superintendent shall take or recommend appropriate action, which may include termination of employment and, when circumstances warrant, referral to appropriate law enforcement or regulatory authorities.

Attire

Dress, grooming and personal appearance standards contribute to the morale of all employees and affect the professional image presented to students, parents, and visitors. All staff will be neatly and professionally dressed (business casual) and groomed at all times. Final judgment regarding any professional dress will rest with the HR Department.

Southwest Preparatory School has established the following guidelines for employees in direct care positions:

Flip-flops or backless shoes may not be worn in the classroom as they present a safety issue. Shoes should be well-fitting with non-slip soles to provide safe and secure footing and protection against hazards
All employees (except maintenance and food service personnel) should wear business casual attire or jeans (without holes or ragged) with School Spirit Shirts
Gym shorts, sweats, and logo t-shirts with wording on them, excluding sports team t-shirts, are not allowed
Dresses should be knee-length. The bottom of the dress should touch the top of the knee.
Leggings or tights are not allowed unless they are under knee-length dresses
Shirts and dresses must cover cleavage
Inappropriate jewelry is not allowed, or a personal appearance that is distracting to the work of the school will not be allowed
Tattoos larger than a quarter size must be covered
Shirts should be long enough that your mid-drift is not exposed when you raise your arms
On non-instructional days, casual dress is allowed
Extreme hair color is not allowed

Food Service Staff are required to wear close-toed shoes at all times. Open-toe shoes of any kind are not allowed. Loose or baggy clothing presents a safety hazard and is not allowed. Jewelry is not allowed, with the exception of a wedding band. Hair must be put up in a secure restraint during working hours. False nails of any kind are not allowed. Please keep your nails clean and short. Keep clothing clean to prevent cross-contamination.

Exceptions to this policy may be made when the Principal on a campus designates a specific themed dress to promote school spirit at that campus.

Maintenance Staff is required to wear steel-toed and nonslip boots at all times.

Lunch Breaks

All non-exempt employees working 5 or more hours in a day must take a thirty (30) minutes uninterrupted lunch break, as scheduled with their supervisor. The lunch break will be taken at a location away from their assigned workstation to avoid any business-related interruptions. All teachers are allowed a duty-free 30-minute lunch break

Other Breaks

Breaks are a privilege allowed by Southwest Preparatory School. Depending on workload, a non-exempt employee may be authorized two 15-minute breaks, the first, midway between their morning shift, and the second, during their afternoon work period. Breaks will be staggered with other staff so as not to unduly disrupt the normal flow of work. Breaks cannot be accumulated and taken at a later time. Teachers may be allowed a one-off period daily in lieu of breaks.

Cell Phone Policy

Ringing cell phones are extremely disruptive. Cell phones may only be used during scheduled break times or in the case of an emergency. Employees in possession of District-issued cell phones are expected to protect the phones from loss, damage, or theft.

Upon resignation or termination of employment, the employee is expected to return the District-issued cell phone to the District. All employees who refuse to return the District-issued cell phone at departure from employment will be expected to bear the cost of a replacement.

Safety must come before all other concerns, and distractions are to be avoided while driving. Therefore, while we support the use of cellular telephones for business purposes, we prohibit employees from using handheld cellular telephones to conduct business while driving. If an employee needs to make or take a business call while on the road, the employee should pull off the road and stop in a safe location, if practicable, prior to using the cell phone. In addition, the District requires that all employees comply with all state and local laws regarding the use of cell phones while operating a motor vehicle.

Notification of Parents Regarding Teacher Qualifications

Southwest Preparatory School District receives Title I funds and is required to comply with the Every Student Succeeds Act (ESSA). ESSA requires Southwest Preparatory School to notify parents/guardians at the beginning of each school year that they may request information regarding the professional qualifications of their child’s teacher. ESSA also requires that parents be notified if their child has been assigned or taught for four or more consecutive weeks by a teacher who is not highly qualified.

Expectations of Conduct

As a District team member, employees are expected to accept certain responsibilities, follow acceptable business principles in matters of conduct, and exhibit a high degree of integrity at all times. This not only involves that employees conduct themselves in an ethical fashion but also demands that employees refrain from any behavior that might be harmful to themselves, co-workers, the District, or that might be viewed unfavorably by current or potential customers or by the public at large.

Employee conduct–both inside and outside of work–reflects on the District. Employees are, consequently, encouraged to observe the highest standards of integrity at all times.

Code of Conduct

All employees are expected to work together in a cooperative spirit to serve the District's best interests and be courteous to students, one another, and the public. Employees are expected to observe the following standards of conduct:

Recognize and respect the rights and property of students, co-workers, the district and maintain confidentiality in all matters relating to students, co-workers, and the district
Report to work according to the assigned schedule
Notify their immediate supervisor as early as possible (preferably in advance) in the event that they must be absent, late, or leave campus. Unauthorized absences, chronic absenteeism, and tardiness may be cause for disciplinary action.
Know and comply with district and department procedures and policies
Observe all safety rules and regulations and immediately report injuries or unsafe conditions to a supervisor
Use district time, funds, and property for authorized district business and activities only
Return the classroom and resources assigned in the same condition as received

Damage to classrooms beyond fair wear and tear may be the fiscal responsibility of the teacher if it is determined that they were caused by the negligence of the teacher.

Any Employee not complying with the Code of Conduct will be officially warned in writing. An Employee may also be reprimanded for not complying with the Code of Conduct or for contract violations. An Employee receiving a third written reprimand in a contract year may be terminated at Southwest Preparatory School.

All employees, as public servants, must follow the Code of Ethics and Standard Practices for Texas Educators (Texas Administrative Code Title 19; Part 7 State Board for Educator Certification; Chapter 247 Educators’ Code of Ethics). This site may be accessed through TEA http://www.tea.state.tx.us/

It is considered a violation of the Code of Conduct to resign without the requisite 30 days' notice as agreed to upon the Employee signing the Annual Contract for employment. A resignation without the appropriate notice will require notice to S.B.E.C. for a determination of an Ethics Violation.

Arrests and Convictions

An Employee arrested for any felony or offense involving moral turpitude must report the arrest to the Superintendent, the Principal, or the Human Resources department within three (3) calendar days of the arrest. An Employee who is convicted of or receives deferred adjudication for moral turpitude is also required to report the event to the Superintendent, the Principal, or the Human Resources department within three (3) days of the event.

Moral turpitude includes, but is not limited to, the following:

Dishonesty
Deliberate violence
Fraud
Drug or alcohol-related offenses
Deceit
Acts constituting abuse under the Texas Family Code
Theft
Sexually lewd acts
Misrepresentation

Possession of Firearms and Weapons

Pursuant to Section 30.7, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.

Visitors in the Workplace

All visitors are expected to enter any Southwest Preparatory School facility through the main entrance and sign in or report to the building’s main office. Authorized visitors will receive directions or be escorted to their destination. Employees who observe an unauthorized individual on Southwest Preparatory School premises should immediately direct him or her to the building office or contact a campus Administrator. This applies to all campuses.

Volunteers

All individuals who desire to volunteer their services or partake in any district/school-sponsored activity are required to submit to a Texas Department of Public Safety Criminal Name-based Background Check. All Volunteers, which include parents, guardians, or grandparents of a child enrolled at a district school or single-event volunteers and volunteers accompanied by an employee, are required to submit to a name-based Criminal Background Check (CBC).

An authorized form to be completed by the volunteer can be obtained from the Human Resource Department. All name-based CBC will be conducted by the Director of Business Operations. All information secured during the CBC will be held by Human Resources. The only information released to the requesting school official and/or volunteer will be whether the person(s) are cleared to volunteer or not cleared to volunteer. No specifics of a CBC will be released unless state and/or federal law require.

Confidential Business Information

Any proprietary information concerning the confidential business affairs or trade secrets of the District and its suppliers or customers is considered to be Confidential Business Information. As a condition of employment, all, District employees agree not to disclose or otherwise misappropriate Confidential Business Information during or after the termination of their employment with the District. Employees should not remove Confidential Business Information from the District’s premises and should return all Confidential Business Information to their supervisor upon termination. Misappropriation of the District’s Confidential Business Information may subject you to legal action.

Conflict of Interest

Employees must disclose to their supervisor any situation that creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or creates a potential conflict of interest with the District's best interests. This includes the following:

A personal financial interest
A business interest
Any other obligation or relationship

An Employee with a substantial interest in a business entity or interest in real property must disclose the interest to the District prior to the award of a contract or authorization of payment. This is done by filing an affidavit with the Superintendent. An Employee is also considered to have substantial interest if a close family member, e.g., spouse, parent, child, or spouse’s parent or child, has a substantial interest.

Customer Relations

The success of the District depends upon the quality of the relationships between the District and our employees, our students, parents, volunteers, visitors, suppliers, vendors, and the general public. Their impression of the District and their interest and willingness to conduct business with us is greatly formed by the people who serve them. In a sense, regardless of your position, you are the District’s ambassador. The more goodwill you promote, the more our customers will respect and appreciate you, the District, and our products and services.

Here are several things you can do to help give customers a good impression of the District:

Act competently and deal with customers in a courteous and respectful manner, communicate honestly with other employees at all times, and use your professional judgment to avoid confrontations
Follow up on requests and questions promptly, provide business-like responses to business inquiries and requests and perform all duties in an orderly manner
Take great pride in your work and enjoy doing your very best

Employee Communication Issues

Misunderstandings or conflicts can arise in any organization. To ensure effective working relations, it is important that such matters be resolved before serious problems develop. Most incidents resolve themselves naturally; however, should a situation persist that you believe is detrimental to your employment with the District, you may follow the procedure described below for bringing your complaint to management's attention.

Southwest Preparatory School has a philosophy of site-based decision-making and employee conflict resolution. That is to say, decisions and Employee conflict should be resolved by those closest to the decision or conflict.

Southwest Preparatory School empowers teachers, principals, and District Managers to make decisions that affect the operations and success of their classrooms and departments. Decisions that affect those outside their area of authority should be coordinated with immediate supervisors; some decisions may affect the environment of the school and, therefore, should include decision-makers in the administration.

Employees experiencing conflicts with other employees should make every effort to resolve the conflict amicably with the other employee(s) involved. When this is not possible, the immediate supervisor should be notified. As with decisions, conflicts should be resolved by those closest to the situation. If a supervisor cannot resolve the matter to the employee's satisfaction, the assistant principal or principal will take appropriate action. If the action taken does not resolve the issue or if any parties to the conflict disagree with an action taken, the mediation process should be followed.

The procedure should not be construed, however, as preventing, limiting, or delaying the District from taking disciplinary action against any individual, up to and including termination of employment, in circumstances (such as those involving problems of overall performance, conduct, attitude, or demeanor) where the District deems disciplinary action appropriate.

Also, refer to the Anti-harassment policy in this Handbook.

Complaints and Grievances

The Board encourages all complaints to be resolved at the lowest level possible. The HR department must be notified of all formal grievances. With the exception of a complaint against the Superintendent or Principal, each complaint must initially be brought at the lowest level of review.

A grievance is a formal complaint defined as a request for relief in an employment matter by an employee that affects the employee and is subject to the control of the Superintendent. The purpose of a grievance procedure is to:

Assure fair and equitable treatment of employees, Principals, and District Supervisors
Promote effective working relationships
Encourage discussion and resolution of disagreements between employees and their Supervisors
Provide an orderly process to handle complaints as quickly as possible

Complaint Procedures

Informal discussion

Employee concerns and complaints should be promptly and informally resolved at the lowest possible level of supervision.

The employee must speak to his/her immediate supervisor about the grievance as soon as possible.
The employee may contact their immediate supervisor’s supervisor if the grievant alleges misconduct by the immediate supervisor.
Within seven calendar days after the report, the employee and supervisor will attempt to resolve the complaint locally
If a resolution is beyond the control of the immediate supervisor, the immediate supervisor will notify Human Resources, who will attempt to resolve the complaint informally.

Filing a Formal Grievance with the Campus Principal:

An employee who wishes to file a formal grievance must put the complaint in writing to the campus Principal. The campus Principal will notify the HR department of the formal grievance immediately. The employee must file the formal grievance within 15 school days of the date the employee knew or should have known of the alleged harm.

The employee must use the Employee Complaint Form: Level One. The form must be sensible and written in understandable terms.
The Principal must respond to the employee and issue a final decision in writing within 10 days of the Principal’s receipt of the complaint, along with the actions taken describing efforts to resolve the grievance. A copy of this report must also be submitted to the HR department within the 10-day period

Superintendent Review of Grievance

If the employee bringing the complaint is not satisfied with the campus Principal’s final decision, then the Employee may file a written appeal to the Superintendent of Southwest Preparatory School. This written appeal shall be filed with the Superintendent’s office within ten school days of the individual’s receipt of the campus Principal, along with a copy of the Campus Principal’s final decision. A copy of the appeal shall also be delivered to the campus Principal.

The employee must use the Employee Complaint Form: Level Two. The form must be sensible and written in understandable terms.

The Superintendent or the Superintendent’s designee shall respond to the complaint and issue a final decision in writing within 15 days of receipt of the written appeal.

Board of Directors Review of Grievance

If the employee bringing the complaint is not satisfied with the Superintendent’s final decision, then the employee may appeal their complaint in writing to Southwest Preparatory School’s Board of Directors within 10 school days of receiving the Superintendent’s final decision. The complaint shall be directed to the President of the Board and shall include a copy of the written complaint to the Superintendent along with the Superintendent’s final decision. A copy of the appeals shall also be delivered to the Superintendent.

The President of the Board, at the Board's next regular meeting, shall provide a copy of the complaint record to all Board members. The Board’s decision shall be decided on a review of the record developed at the Superintendent’s level. Any action of the Board of Directors regarding the complaint shall be taken in compliance with the Texas Open Meeting Act.

Disciplinary Actions

Southwest Preparatory School affirms that all employees are expected to conduct themselves in accordance with all applicable laws, policies, and standards. Southwest Preparatory School's disciplinary policy and procedures are intended to ensure compliance and standards through reasonable and consistent disciplinary action. Discipline includes oral reprimand, as well as up to and including termination. Progressive discipline is not warranted in all situations, and the infraction's severity will dictate the punishment level.

Definitions

Professional Growth & Development Plan (PG&DP): A formalized written plan to assist an Employee with improving their work performance. This is intended to be used as a positive step for employee development and retention.

Corrective Action Plan (CAP): A formalized written plan designed to set out a specific course of action to correct a disciplinary infraction or a deficiency in performance. This Plan will reflect expectations, performance timelines and measures, and what consequences will occur if the plan is not successful. This may be combined with a PG&DP or a TINA. This may be used as a final course of disciplinary action.

Teacher In Need of Assistance (TINA): A plan used exclusively for Teachers whose performance is unsatisfactory in one domain or below expectation in two or more domains. This may or may not be used with a CAP. An intervention plan is developed, meaning there are certain performance areas the teacher must correct within a specified timeline. This plan includes directives and/or recommendations for improvement with specific tasks.

Oral Warning: An oral statement by the employee’s Principal or immediate supervisor given to the Employee indicating conduct does not meet an acceptable level. This is documented in writing by the Principal and/or immediate supervisor.

Written Warning: A written statement to the employee indicating the employee’s conduct or performance fails to meet an acceptable level will be documented and should be forwarded to Human Resources and will be made part of the employee’s personnel file.

Suspension: A Suspension is removal from duty status for a period of time pending the outcome of an investigation. Suspension may occur with or without pay.

Demotion: A Demotion is a reduction in position and salary.

Dismissal: Dismissal is termination from employment for an infraction of policy, standards, and/or procedures.

Causes for Disciplinary Action

Unsatisfactory Performance: Unsatisfactory performance is employees’ failure to meet established standards for their position. Unsatisfactory performance includes but is not limited to inefficiency and gross error.
Insubordination: Insubordination is a general course of conduct evidencing disdain, disrespect, or contempt for Southwest Preparatory School Administrators, including the Superintendent, Associate Superintendents, Principals, Assistant Principals, and/or supervisors.
Incompetence: Lacking the knowledge, skills, ability, and/or failing to adequately perform duties of the assigned position.
Misconduct: Misconduct is failure to comply with statutes, rules, policies, or other authorities’ directives governing performance and conduct.

Misconduct further includes the following; however, the following list is not all-inclusive. It is a guide for ensuring proper conduct in the workplace:

Unauthorized disclosure of confidential information
Willful Failure: Failure to follow Southwest Preparatory School policy and procedures, failure to complete required reports or forms
Violation of time and leave rules: Includes excessive tardiness and absences. (Any Employee who enters Leave without Pay status will be considered to be in violation of this policy)
Willful Neglect of Duty: Intentional disregard for supervisory directives or written policy
Willful Disobedience: Disregard for supervisory directives
Dishonesty: false reports, false claims, misrepresenting work performance, criminal acts, failure to report a finding of guilt, a plea of guilt, or Nolo Contendere, to a felony charge
Intoxication, use, or possession of alcoholic beverage or drugs during work hours, or on Southwest Preparatory School property
Discourteous treatment of students, other employees, or the general public, including participating in malicious rumors: All-Southwest Preparatory School employees are responsible for treating all persons with respect and courtesy and for ensuring, procedures employed in carrying out their duties do not violate dignity, constitute harassment or violate constitutional rights.
Neglect of Duty: absence from an assigned duty station, inexcusable failure to perform an assigned duty, and inexcusable inattention to duty
Dereliction of Duty: Failure of an Employee to appear for three consecutive days without notice

Procedures for Disciplinary Action

Southwest Preparatory School believes in the fair and consistent treatment of employees. Principals and Supervisors are charged with ensuring this philosophy is followed. HR will document all infractions of policy in writing, a copy will be given to the Employee and a signature obtained indicating their receipt.

Should the Employee refuse to sign, indicating receipt, the Principal/Supervisor will make a notation on the copy that it was delivered to the Employee and he/she refused to sign. A copy will be forwarded to Human Resources for inclusion in the employee’s personnel file. Human Resources will maintain a file to track all disciplinary actions within the District to monitor consistency.

In cases that require immediate suspension, the Principals/Supervisors will notify the Superintendent and Human Resources immediately. Human Resources will take the appropriate action and notify the employee of the suspension. Principals/Supervisors will submit a narrative of events to Human Resources that prompted the suspension. Depending on the seriousness of the misconduct, due process may include an opportunity for any employee notified of misconduct to remedy such misconduct in a timely manner.

Exit Interviews

Exit interviews will be scheduled for all employees leaving the District. Information on the continuation of benefits, the release of information, and procedures for requesting references will be provided at this time. Separating employees are asked to provide the District with a forwarding address and phone number and complete a questionnaire that provides the District with feedback on their employment experience. All District keys, books, property, and equipment must be returned upon separation from employment. Up to the extent allowed by State and Federal law, the District may withhold the cost of any items not returned from the final paycheck.

Reports to the Commissioner

The dismissal or resignation of a certified Employee will be reported to the Texas Commissioner of Education if there is reasonable evidence that the employee’s conduct involves the following:

Any form of sexual or physical abuse of a minor or any other illegal conduct with a minor
The possession, transfer, sale, or distribution of a controlled substance
The illegal transfer, appropriation, or expenditure of school property or funds
An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle the individual to a professional position or to receive additional compensation associated with a position
Committing a crime on school property or at a school-sponsored event

Employee Protection (Whistleblower) Policy

If any Employee reasonably believes that some policy, practice, or activity of Southwest Preparatory School is in violation of the law, a written complaint must be filed by that employee with the Human Resources or the Board President.

It is the intent of Southwest Preparatory School to adhere to all laws and regulations that apply to the organization and the underlying purpose of this policy is to support the organization’s goal of legal compliance. The support of all employees is necessary to achieving compliance with various laws and regulations. An Employee is protected from retaliation only if he Employee brings the alleged unlawful activity, policy, or practice to the attention of Southwest Preparatory School and provides Southwest Preparatory School with a reasonable opportunity to investigate and correct the alleged unlawful activity. The protection described below is only available to employees that comply with this requirement.

Southwest Preparatory School will not retaliate against an employee who in good faith has made a protest or raised a complaint against some practice of Southwest Preparatory School, or of another individual or entity with which Southwest Preparatory School has a business relationship, on the basis of a reasonable belief that the practice is in violation of a law or a clear mandate of public policy.

Southwest Preparatory School will not retaliate against employees who disclose or threaten to disclose to a supervisor or a public body, any activity, policy, or practice of Southwest Preparatory School that the Employee reasonably believes is in violation of a law or regulation mandated pursuant to law or is in violation of a clear mandate or public policy concerning the health, safety, welfare, or protection of the environment.

Gifts

District employees should not accept or solicit personal gifts from their customers, suppliers, or vendors. Modest entertainment expenses or gifts of nominal value are permissible. All gifts of a personal nature should be returned to the sender.

Employees may not accept gifts or favors that could influence, or be construed to influence the employee’s discharge of assigned duties.

Anti-Harassment Policy

The District believes that all employees should be able to work in an atmosphere free from all forms of harassment. Therefore, it is our policy to prohibit all types of harassment, including, but not limited to harassment based on: sex, race, color, religion, national origin, pregnancy, age, disability, genetic information, sexual orientation, or gender identity. Also note, the District’s prohibition against sexual harassment applies to same-sex harassment, as well as traditional forms of harassment, and all allegations will be taken seriously and investigated promptly and thoroughly.

This policy extends to each and every level of our operations. Accordingly, harassment, whether by a fellow employee, client, guest, or member of management, will not be tolerated. Activities of this nature are unlawful and serve no legitimate purpose; they have a disruptive effect on your ability to perform your job and they undermine the integrity of the employment relationship.

Prohibited Conduct

Sexual harassment defined - Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal, or physical conduct of a sexual nature when:

Submission to such conduct is made a term or condition of employment
Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual
Such conduct has the purpose or effect of unreasonably interfering with an
employee's work performance or creating an intimidating, hostile, or offensive working environment
A school employee conditioning the provision of aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct
Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s educational programs or activities
Sexual assault, dating violence, domestic violence, or stalking as those terms defined in federal law.
Sexual harassment includes various forms of offensive behavior. The following is a partial list
Unwanted sexual advances
Offering employment benefits in exchange for sexual favors
Making or threatening reprisals after a negative response to sexual advances
Visual conduct: leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, posters, or graffiti;
Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee's body or dress
Verbal sexual advances or propositions
Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations
Physical conduct: touching, assault, impeding or blocking movements
Retaliation for making harassment reports or threatening to report harassment

This policy applies to harassment by individuals of the same sex or opposite sex. This policy also protects employees from harassment by vendors, clients/customers, or other third parties not employed by the District. If harassment occurs on the job by someone not employed by the District, the procedures in this policy should be followed.

Other Types of Harassment

Harassment on the basis of the following legally protected characteristics: race, color, religion, creed, sex, pregnancy (including childbirth and related medical conditions), age (as defined under applicable law), national origin or ancestry, physical or mental disability, genetic information (including characteristics and testing), sexual orientation, gender identity or any other consideration protected by federal, state or local laws is also prohibited.

Examples of prohibited harassment include but are not limited to:

Verbal conduct including threats, epithets, derogatory comments or slurs
Visual conduct including derogatory posters, photography, cartoons, drawings, emails, websites, gestures, or graffiti
Physical conduct including assault, unwanted touching, or blocking normal movement
Retaliation for making harassment reports or threatening to report harassment

Complaint Procedures

Any employee who believes he or she has been subjected to harassment prohibited by this policy should immediately:

Tell the harasser to stop his/her unwanted behavior if the employee feels comfortable doing so
Report that behavior, preferably in writing, to your Supervisor, Human Resources Department, or another appropriate member of District management

Duty to Report

If any employee becomes aware of harassing conduct engaged in or suffered by an employee, regardless of whether such harassment directly affects that employee, the employee must immediately report that information, preferably in writing, according to the procedures outlined in the Complaint Procedures section above. An employee’s duty to report such activity is essential to ensure a harassment-free workplace for everyone, because while isolated incidents may not violate federal law, a pattern of such incidents may be unlawful. Therefore, employees are required to report any harassing conduct so that the District can stop harassment before it becomes severe or pervasive.

Investigations and Confidentiality

Whenever the District is aware of a situation that may violate this policy, the District will conduct a timely, thorough, and objective investigation of any harassment claims and take prompt steps to protect the individuals involved. The District will also take steps to protect the confidentiality of any harassment allegations to the extent possible while conducting its investigation.

However, the District cannot conduct an effective investigation without revealing certain information to the alleged harasser and potential witnesses. Nevertheless, employees may be assured that information and records relating to harassment complaints will be shared on a “need to know” basis only.

A determination regarding the alleged harassment will be made and communicated to the person claiming harassment as soon as practical under the circumstances.

If the District determines that prohibited harassment has occurred, it will take appropriate disciplinary action, up to and including termination, against the person found to have engaged in prohibited harassment, and will provide appropriate remedies for any victims of harassment. The type of discipline administered will depend upon the severity of the conduct, as well as any other factors presented in the particular circumstances. Employees violating the policy, however, are subject to disciplinary action, up to and including termination. The district has the right to put the employee on administrative leave, without pay. While on administrative leave, the District may limit the employee’s involvement with any district staff or district activity.

Training

All employees, including established and recently hired employees, shall have access to this policy and shall be requested to read it and sign a statement acknowledging the policy. Additionally, training will be presented by the Human Resources department to address this policy.

Principals/Supervisors who have attended a training seminar on sexual harassment, as set forth below, shall meet with employees under their authority once each year to advise them of Southwest Preparatory School’s commitment to eliminate sexual harassment in the workplace, the penalties for engaging in sexual harassment, and the procedures for reporting incidents of sexual harassment. All supervisory employees shall annually participate in a training session on sexual harassment and other forms of discrimination which includes information about the types of conduct that will not be tolerated in the workplace. Each participant shall be informed that he/she is responsible for knowing the contents of Southwest Preparatory School’s sexual harassment policy and for giving a similar presentation to employees.

In certain circumstances, sexual harassment may constitute sexual abuse under Texas law. In such situations, Southwest Preparatory School will comply with Texas law and file the appropriate reports.

The Director of Human Resources s the Title IX Compliance Coordinator. All concerns about sexual discrimination in the workplace should be addressed to their attention at 210-829-8017, or any other member of management the Employee feels comfortable with.

Policy on Copyrighted Material

Employees are expected to comply with the provisions of copyright law relating to the unauthorized use, reproduction, distribution, performance, or display of copyrighted materials, i.e., printed material, videos, computer data, Internet and various programs, etc. Rented videotapes are to be used in the classroom for educational purposes only. Duplication or backups of computer programs and data must be made within the provisions of the purchase agreement.

District Communication

Throughout the school year, campus Principals or District office staff may publish newsletters, brochures, flyers, calendars, news releases, and other communication materials. These publications offer employees and the community information pertaining to school activities and achievements. The Principal or District Office may send electronic mail (email) communications on a regular basis.

It is the intent of the District to provide the communication systems necessary for the conduct of its business. Employees are expected to adhere to the proper use of all communication systems. These include but are not limited to the Telephone, Electronic Mail (E-Mail), Facsimile, Internet, Corporate Intranet, Voice Mail, hotspots, and Systems Software (refer to the Telephone Policy in this handbook for information regarding the use of District telephones and facsimile). Employees are permitted use of District property for business purposes and any personal use is prohibited unless authorized by your supervisor or other members of management. The district reserves the right to refresh or delete data on the computer for maintenance at any time.

No personal files or software may be used or stored on District equipment. No District files, data, or software may be used or stored on personal equipment. The communication systems are owned and operated by the District and are to be used for the business of the District. Employees should have no expectation of privacy of any correspondence, messages, or information stored on, viewed on, sent from, or received onto District computer systems.

The District reserves the right to monitor, access, review and disclose all such messages sent, received, or stored on District equipment, for any business purpose, including but not limited to, ensuring compliance with this and all District policies. All such messages, regardless of content or the intent of the sender, are a form of corporate correspondence and are subject to the same internal and external regulation, security, and scrutiny as any other corporate correspondence.

Business e-mail communications must be written following customary business communications practices as is used in District correspondence. E-mail communications are official internal District communications, which may be subject to summons in legal proceedings. Work-related messages should be directed to the affected employee(s) rather than sending a global message to all employees. An “all district employee” requires prior approval by a member of SALT.

The District’s communication systems shall not be used as a forum to promote religious or political causes or illegal activity. Harassing, discriminatory, pornographic, obscene, violent, or threatening messages or opinions, images, cartoons, or other such items, are also prohibited on the District’s communication systems.

Any violation of these guidelines may result in disciplinary action, up to and including termination of employment.

Unauthorized Software Copying

Southwest Preparatory School does not condone the illegal duplication of software. The copyright law is clear. The copyright holder is given certain exclusive rights, including the right to make and distribute copies. Title 17 of the U.S. Code states, “it is illegal to make or distribute copies of copyrighted material without authorization” (Section 106). The only exception is the users’ right to make a backup copy for archival purposes (Section 117).

The law protects the exclusive rights of the copyright holder and does not give users the right to copy software unless a backup copy is not provided by the manufacturer. Unauthorized duplication of software is a federal crime. Penalties include fines up to and including $250,000, and jail terms of up to five (5) years.

Guidelines for the use of Computer Software

Southwest Preparatory School licenses the use of computer software from a variety of outside companies. Southwest Preparatory School does not own this software or its related documentation and, unless authorized by the software manufacturer, does not have the right to reproduce it. With regard to using on local area networks or on multiple machines, Southwest Preparatory School employees shall use the software only in accordance with the software publisher’s license agreement.

Southwest Preparatory School employees learning of any misuse of software or related documentation within the District must notify their supervisor. According to the U.S. Copyright Law, illegal reproduction of software can be subject to civil damages and criminal penalties, including fines and imprisonment. Southwest Preparatory School employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination.

Addressing Concerns

Experience demonstrates that you are more likely to resolve concerns about work by speaking directly with your co-workers, supervisor, or other management-level personnel, or by contacting Human Resources, than by posting them on the Internet. Nevertheless, if you decide to express concerns in social media, avoid using any content that reasonably could be viewed as malicious, obscene, threatening or intimidating; that disparages employees, customers, or vendors; or that might constitute harassment or bullying.

Retaliation is Prohibited

Southwest Preparatory School prohibits taking adverse action against any employee for reporting a possible violation of this Policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible violation of this Policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination of employment.

Enforcement

Contact the Director of Human Services if you need clarification of any aspect of this policy.

The District will, in its discretion, review social media activity to the fullest extent permitted by applicable law. If you engage in social media activity anonymously or using a pseudonym, the District will, in appropriate circumstances, take steps to determine your identity.

Employees are solely responsible for their social media activity and will be held accountable for violating this Policy. Failure to comply with this Policy may lead to discipline, up to and including termination of employment, and if appropriate, the District will pursue all available legal remedies. The District also may report suspected unlawful conduct to appropriate law enforcement authorities. The District will not construe or apply this Policy in a manner that improperly interferes with employees’ legally protected social media discussions regarding wages, hours, or working conditions.

Solicitation and Distribution of Information

To maintain and promote efficient operations and security, the District has rules governing solicitation and distribution of materials on the District’s premises, using District communications, and in work areas. All employees are expected to comply with these rules, which will be strictly enforced. Any employee who has questions about whether the District’s rules apply should consult with his/her Supervisor or contact Human Resources.

Employees may not solicit or promote support for any cause or organization during working time or during the working time of the employees at whom the activity is directed. Employees may not distribute or circulate written materials in work areas at any time, or during their own working time or the working time of other employees to whom the distribution is directed.

“Working time” means the time an employee is on the clock and expected to be performing his or her work duties. It does not include time for meal or rest breaks, or time before the workday begins or after it ends. “Work areas,” means the District’s premises and areas where the District’s employees are performing work. It does not include break rooms or other designated non-work areas.

Bulletin boards are reserved for the exclusive use of the District for posting work-related notices or notices that must be posted pursuant to local, state, and federal law. From time to time, special notices and information for employees will be posted by the District on the bulletin boards. Please check the boards regularly for these notices. Employee postings are not permitted unless otherwise authorized by worksite management.

This policy is intended to comply with applicable federal and state laws, no other or contrary interpretation is implied, and the policy at all times will not be interpreted or applied in such a way as to interfere with any employee rights under the activity is directed. Employees may not distribute or circulate written materials in work areas at any time, or during their own working time or the working time of other employees to whom the distribution is directed.

Property and Supplies

District supplies and postage should not be used for personal use. Purchase of supplies for business use should be routed through district management. You are expected to exercise due care in the use of District property and to utilize such property only for authorized business purposes.

Negligence in the care and use of District property or the unauthorized removal of District property from the work premises will be cause for disciplinary action, up to and including termination of employment.

Employees are responsible for damages caused to District property by their negligence or abuse. Any theft or disappearance of property should be reported immediately to your supervisor so that appropriate law enforcement officials can be notified.

Purchasing Policies and Procedures

Purchases are made in accordance with applicable legal requirements. Board-approved policy and procedures will be posted on the Southwest Preparatory School website, available for review by employees.

All requests for purchases must be submitted through Websmart and approved with the appropriate approval signatures. No purchases, charges, or commitments to buy goods or services for the district can be made without a PO number. The district will not reimburse employees or assume responsibility for purchases made without proper authorization.

All detailed, original receipts, along with supporting documentation charged on your Purchasing Card, must be submitted within 5 days after purchase or after returning from your business travel. This policy is in place so we can process and pay our credit card on time. It should be processed by the 15th of each month. You will receive one notice on or around the 10th of each month. Second notice will be from our PR Administrator letting you know there will be a 1290 payroll deduction. Grace will not be extended.

Employees are not permitted to purchase supplies or equipment for personal use through the district’s business office. Contact the Accounting Department for additional information on purchasing procedures and forms.

Fundraising

Southwest Preparatory School has guidelines for planning a fundraising event. Please see Euphoria for guidelines and necessary forms, or contact Sandi Mitchell at sandi.mitchell@swprep.org. Fundraising processes are located in the Business Selection on our website.

Telecommuting

Southwest Preparatory School has implemented a telecommunications policy to increase overall effectiveness in accordance with our mission statement. All requests for telecommuting will be reviewed for feasibility, the minimal disruption of other employees' work, benefits to students/employees, and to Southwest Preparatory School's overall mission. Decisions will be given in writing to the requesting Employee within 30 working days of the request. Individuals wanting to telecommute must make a request in writing to their Principal or Supervisor with a telecommuting work plan to include work to be performed, hours to be worked, and how work will be assigned or obtained.

The Principal or Supervisor will then coordinate with the Superintendent to determine feasibility and eligibility under the following considerations:

Employees must have been employed a minimum of 12 months by Southwest Preparatory School and have a satisfactory rating on their most recent Employee evaluation
The employee’s position must not be one that requires their presence in the classroom or in any other capacity requiring interaction with the public and/or students on a regular or daily basis
The employee must not require close supervision
The employees' work must be portable, i.e., it must be work that the Employee can reasonably complete at an alternate workstation
The Employee must not require frequent input from others in order to perform tasks at the alternate workstation
The Employee will not engage in any Non-Southwest Preparatory School activities while in an official duty status. This includes such pursuits as childcare, eldercare, or the conduct of personal business
The Employee must be available upon notice to come to their official duty station whenever the need arises for training, meetings, etc
At the discretion of the Superintendent, a salary review may be performed for telecommuting work

Non-Regular or Episodic Telecommuting

Southwest Preparatory School may assign individual employees, based on the needs of Southwest Preparatory School, to a periodic or non-episodic telecommuting work schedule. Some examples may be projects, renovation of the workplace, etc.

Remote Work

Certain employees may be eligible for remote work only during a widespread crisis or declared disaster, government-ordered shutdown, or other emergency situations as declared by federal, state, and/or local authorities. Remote work may be implemented, as determined by the Human Resources or designee, districtwide or for a specific campus/department in the event of necessary school closure due to a crisis, disaster, or emergency situation. Remote work under this regulation will end upon the School’s ability to resume normal operations and/or the end of the crisis, disaster, or emergency.

If remote work is not implemented districtwide or on a specific campus/department, an individual employee may request the opportunity to engage in remote work.

Eligibility for remote work is contingent upon the following conditions:

The employee provides valid documentation from a current treating physician indicating that he or she is unable to return to work due to a confirmed pre-existing health condition or disability that directly causes a higher than normal risk of becoming seriously ill if he/she returns to the assigned work setting as a result of the circumstances created by the crisis, disaster, or emergency situation
The employee can maintain a standard workload and perform all of the essential functions of his or her job while on remote work
The request for remote work will not place an undue burden on the department or instructional program, including but not limited to changing the nature of or impeding the regular operation of the campus, department or program
The job performance while assigned to remote work is measurable and can be properly evaluated
Access to resources, including equipment, documents, or data necessary for the operation of the campus, department or program will not be impeded if the employee is allowed to work remotely
The employee can do what is necessary to protect the School’s data and confidential information while on remote work
The employee is continuously accessible during business hours and actively participates in meetings, conferences, and other events or activities directed by the supervisor
If an employee is unable to work remotely because of illness or other reasons, the employee must use any and all other available leave, including his or her sick leave where applicable, to document the time off. The absence must be reported to the immediate supervisor in accordance with board policy
The employee, immediate supervisor, and/or the School may terminate the employee’s continued ability to work remotely at any time by notifying Human Resources in writing

Limitation of Risk

Southwest Preparatory School does not retain any responsibility for loss, damage, destruction or personal injuries to others at the telecommuter’s residence that arises out of the telecommuter’s workspace or work hours. Southwest Preparatory School is not responsible for any property or structures at the telecommuter’s residence. The telecommuter should still maintain their personnel insurance.

Termination of Telecommuting

Southwest Preparatory School will determine the duration of the telecommuting arrangement and may at its sole discretion terminate earlier than agreed upon based on the needs of Southwest Preparatory School.

Security

Security is of great importance and the telecommuting Employee will ensure all sensitive data is safeguarded. If any equipment or data is lost, notify IT immediately to begin the process of locking accounts.

Telephone Policy

Effective 04/04/2024, employees are reimbursed at the rate of 67 cents per mile for pre-approved travel. The Principal/Supervisor for each campus/office must approve this travel via PO, before the travel expense is incurred. A current auto insurance certificate must be in the employee’s personnel file to be eligible for reimbursement. The mileage claimed should not exceed map mileage if an employee is authorized to utilize their privately owned vehicle.

Travel Expense Reimbursements

When requesting reimbursement, attach a copy of MapQuest, Google Maps, or other acceptable mapping aid that indicates miles traveled to and from the approved destination. Failure to attach verification will delay payment. Vicinity travel claimed on official business is based on actual odometer readings. Any non-business mileage is deducted prior to reimbursement. This includes but is not limited to, mileage to obtain meals or to do personal shopping.

An Employee on official business by a privately owned vehicle is reimbursed on the basis of the actual number of miles traveled from their primary duty location to the first official call, subsequent official calls, and return to the primary duty location from the last official call.

District staff will be reimbursed for out-of-town travel. Staff who travel from San Antonio to Seguin or vice versa three times in a calendar month will be reimbursed $150 dollars. Travel reimbursement forms are located in Eduphoria. Travel to designated workshops and meetings outside the District will be reimbursed at the rate of 65.5 cents per mile.

Employees who travel overnight within the State of Texas shall be reimbursed for the actual cost of lodging at the average going rate per day excluding tax; the actual cost of meals shall not exceed $59 per day including tax. All receipts must be submitted within five business days to the Accounting Department. Receipts must be itemized. Tips, alcoholic beverages, and souvenirs are not allowable expenses for reimbursement. Please refer to the P-Card policy for further information.

Employees attending out-of-town conferences and returning the same day will be eligible for reimbursement of the lunch meal up to $36.00. Itemized receipts must accompany all reimbursement requests. Reimbursement for out-of-state travel expenses will be made in accordance with Texas Government Code 660.021 Travel Regulations Act.

If lodging is unattainable within the defined state rates, please submit the rate closest to the approved state rate or use the current maximum daily reimbursement rat of $107, for approval, via PO. If a PO is not obtained, it is not considered approved.

If employees are directed by Southwest Preparatory School to attend conferences and/or training, employees will be eligible for reimbursement either by daily stipend or employee’s daily rate if the conference is outside the employment agreement dates. Employees who are directed to attend conferences and/or training may be eligible and authorized for travel and reimbursement for daily per diem.

If an Employee attends conferences, workshops, and/or training not directed by Southwest Preparatory School or voluntarily attends conferences, workshops, and/or training, the Employee is ineligible to receive a stipend, daily rate, or any other type of reimbursement. If the conference, workshop, and/or training is inside the employment agreement, an employee may use personal leave for any working days missed, otherwise the Employee may be docked at their daily rate pay.

All requests for reimbursement submitted to the District Office are due on the 3rd of the month and will be paid on the 10th working day of the month.

Smoking/Tobacco Use/E-Cigarette

Texas law prohibits smoking or using tobacco products on all District-owned property. This includes all buildings, playground areas, parking facilities, and facilities used for athletics and other activities. Drivers of District-owned vehicles are prohibited from smoking while inside the vehicle. A notice stating that smoking is prohibited by law and punishable by a fine is displayed in prominent places in all school buildings.

Child Abuse Reporting Policy

All employees are required by state law to immediately report any suspected child abuse or neglect to Child Protective Services. Teachers and other professional staff are required to file a report within 48 hours of the event that led to the suspicion. Under state law, any person reporting or assisting in the investigation of reported child abuse or neglect is immune from liability unless the report is made in bad faith or with malicious intent.

Employees who suspect that a student has been or may be abused or neglected should report their concerns to the campus principal. Reporting to the Principal does not relinquish the employee’s duty to report abuse and/or neglect to Child Protective Service.

In accordance with Texas Education Code (TEC) 38.0041, districts and charter schools are required to provide, to all district and charter school employees, training concerning prevention techniques for and recognition of sexual abuse and all other maltreatment of children.

Violence in the Workplace Policy

The District provides a safe workplace for all employees. All employees should review and understand all provisions of this Violence in the Workplace Policy to ensure a safe workplace and reduce the risk of violence.

Prohibited Conduct

The District does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities.

This list of behaviors, while not exhaustive, provides examples of prohibited conduct:

Causing physical injury to another person
Making threatening remarks
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress
Intentionally damaging employer property or property of another employee
Unlawful possession of a weapon while on District premises or while on District business
Committing acts motivated by, or related to, sexual harassment or domestic violence

Reporting Procedure

Any potentially dangerous situations must be reported immediately to a supervisor or to the SWPS Human Resources Department. Reports can be made anonymously.

All reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of the investigation will be discussed with them. The District will actively intervene at any indication of a possible hostile or violent situation.

While we do not expect employees to be skilled in identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform management if any employee exhibits behavior that could be a sign of potentially dangerous situations.

Such behaviors include but are not limited to:

Discussing weapons and bringing them to the workplace
Displaying overt signs of extreme stress, resentment, hostility, or anger
Making threatening remarks
Sudden or significant deterioration of performance
Displaying irrational or inappropriate behavior

Employees who confront or encounter an armed or dangerous person should not attempt to challenge or disarm the individual.

If a supervisor can be safely notified of the need for assistance without endangering the safety of the employee or others, such notice should be given.

Enforcement

Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination.

Non-employees engaged in violent acts on the District’s premises will be reported to the proper authorities and will be prosecuted.

Severe Weather Emergency Conditions

In the event of severe weather conditions or other emergencies, the Principal or Superintendent may decide to close Southwest Preparatory School for the day or the remainder of the day. As such, the supervisor will notify employees as soon as possible. No loss of pay will occur as a result of early dismissal for this reason. Likewise, if you report to work and find that Southwest Preparatory School is unexpectedly closed due to an emergency, no loss of pay will occur while an Employee is under contract. For weather conditions or other emergencies that occur prior to the beginning of the workday, watch the local TV stations and the school website or email from the Superintendent for our school’s status. Days missed due to inclement weather will be made up in accordance with the school calendar.

Any employee who was on a previously approved leave day during a declared emergency shall not be charged personal leave for the emergency period.

Use of Public Property

Allowable Use

The Superintendent shall ensure that public property shall only be used for a purpose for which a school District may use school District property and only to implement a program that is described in the open-enrollment charter and is consistent with the Texas Education Code §12.102. The Deputy Superintendent also shall ensure that Southwest Preparatory School employees, agents, contractors, and management companies do not use or apply public property for any purpose but a program described in Southwest Preparatory School’s Charter.

Exceptions to Allowable Use

Employees of Southwest Preparatory School may use school-owned local telephone service, cellular phones, electronic mail, and Internet connections for incidental personal use, subject to Southwest Preparatory School’s separate Acceptable Use Policy and under the following conditions:

Such incidental personal use must not result in any direct cost paid with state funds
For school-owned cell phones provided to certain employees, this means that the employee’s personal use does not cause or substantially contribute to an overage in allotted minutes or additional fees resulting from non-plan data or texting services
If direct cost results from any incidental personal use, the Employee causing the direct cost to be incurred by Southwest Preparatory School shall reimburse Southwest Preparatory School directly or in accordance with the employee’s Wage Deduction Authorization Agreement
Such incidental personal use shall not impede the functions of Southwest Preparatory School
The use of the public property for private commercial purposes is strictly prohibited
Only incidental amounts of an employee’s time for personal matters, comparable to reasonable coffee breaks during the day, are authorized under this section

Safety

The District will make every reasonable effort to ensure a safe working environment and expects all employees to be safety-conscious. Please use good judgment regarding matters of safety and observe at all times any safety rules posted in various areas.

Employees should immediately report any unsafe or hazardous condition to their immediate supervisor. Every effort will be made to remedy the problem as soon as possible.

If you are injured on the job or witness an accident that results in an injury to another employee, you must immediately report the accident to your immediate supervisor.

Safety protection must be worn in designated areas. Conduct such as running on District property, shoving another employee, throwing items, and horseplay is strictly prohibited.

Aisles, exits, and areas surrounding fire extinguishers and control panels must be kept clear at all times. Good housekeeping is the responsibility of everyone on the job.

Blood Borne Pathogens

The purpose of this policy is to eliminate or minimize employee exposure to surfaces, equipment, and body fluids that potentially are contaminated with blood-borne pathogens. Universal Precautions is an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

Contaminated means the presence or the reasonably anticipated presence of blood or other potentially infectious material. Universal precautions will be utilized when any bodily fluid or substance that may be contaminated as noted above is encountered. Rubber gloves, face masks and bleach will be available in all District locations. Staff will be trained annually on Universal Precautions procedures.

Safety Guide

Safety Introduction

The District is committed to supporting Southwest Preparatory School in its efforts to provide a safe and healthy working environment for all employees to ensure that every employee returns home safely.

In its effort to support Southwest Preparatory School in providing a safe place for you to work, this Safety Guide has been developed to help you understand your role and responsibilities in ensuring a safe working environment for yourself and your fellow co-workers. Following this Safety Guide will help you identify workplace hazards and avoid accidents. It is recommended that you keep it with you on the job as a handy reference.

Following your role and responsibilities set forth in this Safety Guide is a requirement of your employment. Your failure to follow these rules could result in disciplinary action up to and including termination of employment. If you do not understand something in this Safety Guide, it is your responsibility to ask your supervisor for clarification.

Only You Can Prevent Workplace Accidents

Each year, more than 6,000 Americans are killed on the job and about 3.6 million receive disabling injuries. Many more suffer unnecessary pain and discomfort from work-related injuries and illnesses.

A Safe Work Environment Takes Teamwork

To keep your workplace safe, the Federal Occupational Safety and Health Administration (OSHA) sets workplace safety and health standards.

Southwest Preparatory School follows OSHA rules, local health department, and DOT (if applicable) regulations, and provides you with information, equipment, training, and procedures to avoid job-related injuries and illnesses.

It is your responsibility to do your part in preventing accidents by following the rules set by Southwest Preparatory School and the guidelines in this Safety Guide.

Policy Statement

Southwest Preparatory School believes it is the responsibility of each employee to comply with safety rules and work in such a manner as to prevent injuries to themselves and others. It is the policy of Southwest Preparatory School that no employee shall perform any job or task in which they have not been properly trained or are unqualified to perform. Only employees know whether they are capable or qualified to perform a particular task. Employees who feel they need additional training before performing a specific task should advise their immediate supervisor.

Southwest Preparatory School has the day-to-day control of the job site and work performed and is responsible for providing training, standards, equipment, and a work area that allows the employees to work in the safest possible manner.

Southwest Preparatory School is responsible for the development of rules, procedures, and safe work practices to protect the safety and health of the employees. It is their responsibility to develop a safety program specific to their industry, train employees in their assigned task, provide tools and equipment that meet OSHA and industry standards, and provide a place of employment free from known and recognizable hazards that could cause injury or personal harm.

Management/Employee Participation

A successful safety program is dependent on the individual employee and Southwest Preparatory School’s understanding and acceptance of assigned safety responsibilities.

The following is an outline of the responsibilities of employees and Southwest Preparatory School.

Employee’s Safety Responsibilities

Safety is primarily the employee’s responsibility. Employees’ responsibility for safety extends not only to themselves but also to their family, fellow workers, community, and Southwest Preparatory School. Following these rules is not an option, but a requirement of employment.

All employees are expected to:

Observe safety rules, regulations, and safe work practices
Be familiar with Southwest Preparatory School’s safety policies and procedures
Actively participate in safety and follow the rules and regulations contained in Southwest Preparatory School’s safety program
Assist in the development and review of rules and procedures
Attend, participate, and periodically lead scheduled safety meetings
Maintain good housekeeping in their area
Participate in safety inspections and audits
Assist and participate in required safety training activities
Stop, correct, and immediately report unsafe conditions to their supervisors
Identify safety problems and offer ideas for corrective action
Report all accidents, injuries, and near-miss incidents to their supervisors immediately. Know how to recognize a near-miss incident and participate in incident investigations
Properly use and maintain the required personal protective equipment.
Observe and correct unsafe acts of visitors, contractors, vendors, and fellow employees

Take responsibility for safety on the job!

If you do not take responsibility for safety…who will?

Southwest Preparatory School’s Safety Responsibilities

The owner(s) and management of Southwest Preparatory School must take an active role in ensuring the safety of their employees.

The owner (s) and Management of Southwest Preparatory School are expected to:

Reinforce the role employees play in safety
Ensure all employees are provided proper training in the safe work practices of their assigned duties prior to placing the employee in the assignment.
Assist in the development and enforcement of a comprehensive safety program.
Consistently enforce rules and regulations of the safety program with employees, visitors, vendors and contractors.
Solicit employee input with regard to all Accident Prevention Plan activities.
Ensure all employees are trained on what to do in the event of an accident and to report all accidents, injuries and near-miss incidents to SWPREP immediately

Education and Training

It is the responsibility of each employee to inform his or her supervisor of any skill, ability or knowledge deficiency that might affect the safe performance of any task or job. The success of the safety program depends on how well the employee’s knowledge level is communicated and identified to management. Southwest Preparatory School expects no employee to engage in any work that they are not qualified to perform. In most cases, work experience and/or formal training and testing will determine an employee’s qualifications. Only the employee knows what jobs or tasks he or she is qualified to perform.

In addition to job training, Southwest Preparatory School should instruct employees in the standards and industry regulations applicable to their industry.

All Food Service Staff should always follow the training provided by the Child Nutrition Program in addition to any training guidelines and regulations stated here.

New Employee Orientation

It is important to note that 60% of all workplace injuries involve employees employed for fewer than six months. This is largely due to inexperience and a lack of appropriate training programs. It is imperative that all new employees be encouraged to ask questions and openly discuss knowledge deficiencies.

Employee Responsibilities

It is the employee’s responsibility, to be honest with Southwest Preparatory School about the skills they possess or lack. The employee must also follow the rules, procedures, and safe work practices adopted by Southwest Preparatory School.

Southwest Preparatory School Responsibilities

It is the responsibility of Southwest Preparatory School to develop and train new employees in the general safety hazards and requirements applicable to their industry. It is recommended that new employees be tested to verify their knowledge and understanding of their specific job tasks. A reassessment of all new employees’ skill level is recommended on a regular basis.

Safety Meetings

Employee Responsibilities

Employees are required to attend and actively participate in all safety meetings. Employees should ask questions when unclear about the information covered during the safety meeting to ensure they understand what is being taught. The Southwest Preparatory School District’s Child Nutrition Program has additional safety training during the scheduled in-service dates. All Food Service Workers are required to attend this training.

Southwest Preparatory School Responsibilities

It is recommended that Southwest Preparatory School conduct a minimum of one safety meeting each month for all employees. The client should conduct safety meetings on a regularly scheduled basis and adequately advise employees of the meeting times. For employees not able to attend a particular safety meeting, the client should find a way to provide the covered information to the absent employees. All safety meetings should be properly documented, including maintaining a sign-in sheet listing all employees in attendance at each safety meeting.

Inspections & Audits

An inspection or audit program should be established by Southwest Preparatory School to assist the employee in identifying common hazards in the workplace. This inspection program should include reporting requirements and follow-up for timely corrective action.

The Child Nutrition Program has policies on Hazard Analysis and Critical Control Points (HACCP) and Standard Operational Procedures (SOPs) that must be followed by all Food Service Staff. Additionally, the Child Nutrition Program has annual On-Site Reviews which also assess cafeteria and kitchen safety concerns.

Employee Responsibilities

It is the responsibility of the employee to inspect equipment; tools and the work area before using or performing any job or task to ensure all equipment is in good working order and that all identified safety hazards are corrected prior to the commencement of work.

Food Service Staff are required to follow all Hazard Analysis and Critical Control Points (HACCP) policies and Standard Operational Procedures (SOPs) Policies. Food Service Staff are also required to participate on annual On-Site Reviews required by the Texas Department of Agriculture.

Southwest Preparatory School Responsibilities:

It is the responsibility of the Southwest Preparatory School to develop and implement, with input from employees, a formal inspection program. Southwest Preparatory School should audit the inspection process to see that identified deficiencies are being corrected in a timely manner.

Accident Reporting, Analysis & Investigation

Since 85% of all injuries are preceded by one or more near-miss incidents, most incidents causing personal injury or loss are avoidable with proper reporting and feedback from employees. If employees report near-miss incidents and unsafe situations as they occur, there is a good chance that the unsafe incident and/or condition can be corrected before a serious injury occurs.

Southwest Preparatory School requires all employees to report all injuries immediately, no matter how minor, to the on-site supervisor and the HR department. Prompt reporting and treatment can help minimize or prevent more serious complications. Untreated, minor injuries often become major infections or serious problems.

Employee Responsibilities

All injuries should be reported immediately, no matter how minor they may seem. Employees should be aware of, understand Southwest Preparatory School’s accident reporting procedures, and ensure they seek treatment from qualified and/or approved medical facilities unless it is an emergency. Employees who are unclear of any accident/injury reporting procedure should ask the on-site supervisor or call a member of the Human Resources Department at 210-829-8017.

Employees must also cooperate in the analysis and investigation of all accidents.

Southwest Preparatory School Responsibilities

Southwest Preparatory School is responsible for ensuring all employees are properly trained in accident reporting processes and what to do in the event of an on-the-job accident. Southwest Preparatory School should also develop and implement a system for reporting, analyzing, and investigating all accidents.

General Safety Guidelines

Following these general safety guidelines is a requirement of your employment. If you have any questions or do not understand any of the information contained in this section, contact your supervisor for further explanation.

You Have a Right to Know About Chemical Hazards

Chemicals are safe if they are handled properly. OSHA developed the Hazard Communication Standard (HazCom) to inform you of chemical hazards in your workplace and how to protect yourself from these hazards. If you use chemicals in your job this information can be found in your employer’s written HazCom program.

Your employer is required to provide HazCom training to inform you of the chemical hazards that exist in your workplace and the proper procedures to handle those chemicals safely. HazCom training teaches you to use two sources of chemical safety information: Container Labels and Material Safety Data Sheets (MSDSs). Container Labels identify the chemical and its health and physical hazards – toxic, corrosive, flammable, etc. – with words, colors, numbers, or symbols. All chemical containers should be properly labeled. If you are using a container that is missing its label, notify your supervisor immediately.

Material Safety Data Sheets (MSDSs) detail the chemicals’:

Hazardous ingredients
Physical and chemical properties
Stability and reactivity data
Personal protective clothing and equipment (PPE) and procedures to use to avoid hazardous exposure
Safe handling and storage instructions
Emergency procedures – first aid, firefighting, and spill control, etc

Before starting any job involving the use of chemicals, read the label and MSDSs. Your employer is required to maintain MSDSs for all chemicals used while performing your job. You have a right and responsibility to review that information before using the chemicals.

All chemicals shall be handled and stored in accordance with all Federal, State, and Local safety requirements. Chemicals should be stored and handled in a way that prevents chemical contamination, especially when handled near food service areas.

Employees should never mix chemicals in the same container. Chemicals should always be handled individually.

Hazardous Communications Standards (HAZCOM)

The Hazardous Communications Standards established by the Occupational Safety and Health Administration (OSHA), requires that the hazards of all chemicals, produced or imported be evaluated, and information concerning their hazards, if, any be transmitted to employees who may be exposed to those chemicals under normal operating conditions or in emergencies.

Responsibility

The Safety Coordinator will be responsible for the coordination and implementation of the Hazardous Communications Program. The coordinator shall maintain a list of all hazardous chemicals known to be present in the workplace. This list will be maintained in the District office and contain the names of the chemical, the required protective equipment, and the area where the chemical is used. The coordinator will be responsible for updating the Materials Inventory Reference list and sharing it with employees.

Material Safety Data Sheets (MSDS)

The safety Coordinator will maintain Material Safety Data Sheets for each product containing hazardous materials in the workplace. The MSDS’s can be obtained from the vendor or the internet. MSDS’s must contain the name, address, and telephone number of the manufacturer, the hazardous ingredients and identity of the chemical, physical and chemical characteristics, fire and explosion hazard, reactivity data, health hazard data, precautions for safe use, and handling and control measures. The MSDS’s will be maintained in all employee breakrooms and science/chemistry labs. Principals will ensure the location of the MSDS’s are known to all employees and are readily accessible.

Science/Chemistry Labs

All Southwest Preparatory School science/chemistry labs will maintain a current inventory of all chemicals stored in the lab. A copy of the list will remain in the lab in the MSDS book.

Old/Outdated Chemicals

At any time, a chemical is found to be out of date or in such condition, that warrants disposal the chemical's name will be submitted to the Safety Coordinator for instructions on disposal.

Labels and Warnings

No Employee shall remove or deface existing labels or other warnings on containers. If a chemical is moved from its original container to another container, except for immediate use as in spraying etc., the new container must be labeled.

Training

All staff determined to have access to the chemicals will be trained on the importance of correct handling of a chemical in the workplace. The training will cover MSDS’s, handling of chemicals and protective equipment, storage and mixing, cleanup of spills and disposal, exposure and first aid, and fire and explosion danger. Training records will be kept by the Safety Coordinator. This will be done annually.

Security

It is extremely important for everyone to be security-conscious, especially regarding equipment, tools and Confidential Business Information.

We expect you to exercise good judgment in protecting these items and treat them as you would your own equipment.

Personal Protective Equipment (PPE) Protects You Against Hazards

OSHA requires employers to identify workplace hazards, ensure proper PPE is used to protect against these hazards, and train them to use PPE correctly.

Gloves protect hands from burns, cuts, chemicals, abrasions, and electrical shock. An employee’s hands and fingers are exposed to a greater variety of hazards for a longer period of time than any other part of the body. Make certain you are using the appropriate type of hand protection for the task you are assigned.
Hard Hats protect your head from bumps, falling objects, and electrical hazards. Always wear hard hats when fall hazards exist. Hard hats should meet OSHA or industry specifications and must always be worn in the forward position unless they are specially equipped to be worn in reserve.
Safety Glasses, Goggles and Face Shields protect your eyes and face from flying objects, chemical splashes, sparks, and ultraviolet radiation. Employees are required to wear appropriate OSHA-approved eye protection anytime potential hazards to the eye or face exist. Basic protection should consist of approved safety glasses with side shields and eyewash stations(s), or some other suitable means of flushing the eyes.
Protective Clothing protects you from chemical and corrosive splashes, heat, and sparks. Loose clothing should never be worn in the vicinity of moving machinery parts nor in the kitchen. Dangling jewelry shouldn’t be worn in the kitchen as these items present safety hazards when handling chemicals or hot items.
Safety Shoes and Boots protect against foot injuries from falling objects, punctures, slippery surfaces and electrical shock. Protective footwear should be sturdy, with nonskid soles to prevent slips and falls. Opened-toe shoes are prohibited in the kitchen area and by maintenance personnel.
Hearing Protection – earplugs, earmuffs, and canal caps–protect against hearing damage when you are exposed to high noise levels. Southwest Preparatory School should develop a hearing conservation program where required. This program should include periodic employee testing in high exposure areas as well as noise monitoring of the work area. It is the responsibility of each employee to request, wear and adhere to hearing protection requirements.
Fall Protection protects you from falling when working at heights at or above six (6) feet. Fall protection systems include guardrails, safety nets, and/or personal fall arrest systems, including harnesses. It is the responsibility of each employee to use fall protection devices when required. It is also the responsibility of the employee to inspect fall protection equipment prior to each use.
Back protection protects you when lifting. When Lifting is performed, a back brace must be worn at all times.
Respirators protect you from inhaling harmful dust, gases, and vapors. Employees are required to wear respiratory protective equipment anytime it is required. Employees should also be trained in the proper use of respiratory equipment.

Always inspect your PPE for damage before use. Damaged PPE should be repaired or replaced immediately.

It is your responsibility to know your employer’s requirements for PPE use and always wear PPE where required.

Lockout/Tagout Prevents Machine Injuries and Electrical Shocks

Moving machinery parts can crush, cut, or amputate a hand or other body part. Employees can also suffer severe shocks or electrocution when a machine is not properly de-energized.

OHSA requires lockout/tagout to prevent these types of injuries. During service or repair of equipment, power must be locked or tagged out so it will not start up accidentally or be turned on by another employee who does not know you are servicing that piece of equipment.

All employees need lockout/tagout training. Only authorized employees may perform the specific lockout/tagout steps. Only they may disconnect and turn off the equipment and energy sources, secure energy controls in the “off” position with a lock or tag, test to verify the equipment is de-energized and remove the lock or tag and restart equipment after repair or servicing.

Avoid Slips, Trips, and Falls

More than 12,000 people die each year as a result of falls. Here’s what you can do to prevent slips, trips and falls:

Wear closed-toe shoes with non-skid soles.
Walk, don’t run.
Keep aisles, walkways, and stairs clear of tools, material, cords, hoses, and trash.
Place all trash in proper containers.
Clean up spills quickly and correctly – or report them to the proper person.
Make sure you can see over materials you are carrying.
Use handrails on stairs.
Stay away from platform or roof edges.
Report loose or damaged flooring immediately.
Ensure all holes are properly covered or report uncovered holes immediately even if the hole is not associated with your specific work on the project.
Take your time when working. Do not rush and take note of potential safety hazards in your working area.

Do Not:

Use electrical cords that are damaged. This includes electrical cords with damaged or missing prongs, exposed insulation or wires, and damaged ends. Do not use cords near water sources.
Use metal tools, ladders, or other conductive items around exposed energy parts.
Reach blindly into areas that could contain energized parts.
Perform electrical jobs unless you are trained and authorized to do so.
Place liquids near potential electrical hazards.
Handle high voltage electrical equipment connections or connections that are directly wired to high voltage power sources.

Good Housekeeping Helps to Prevent Fires and Other Safety Hazards

Good housekeeping is an essential part of a safety program. Maintaining a clean work environment helps to eliminate accident and fire hazards and maintains a safe and healthy work environment.

To prevent fires always:

Keep dust and grease off machines. They're not only fire hazards but are also bad for the equipment
Keep flammable liquid containers closed when not in use
Use proper containers for flammable liquids and store them away from sources of combustion.
Know where to locate and use fire extinguishers
Ensure fire extinguishers are readily available when required
Store oxygen cylinders away from combustible sources
Do not block fire exits, passageways, or sprinklers
Do not smoke around flammable materials – or outside of designated smoking areas
Do not block air ventilation openings on equipment. Do not place flammable items near sources

To prevent other hazards:

Keep aisles, pathways, stairwells, and emergency exits clear and free of debris
Clean up spills immediately and properly or call someone who can
Avoid keeping food & beverages in the work area
Sweep and/or clean up debris regularly
Put away air hoses and electrical cords so they do not create a tripping hazard
Good housekeeping not only helps prevent accidents but also improves productivity and quality, boosts morale, and reflects a well-run organization

Do not store items in high areas that cannot safely be reached. Items should always be stored securely to prevent hazards resulting from falling items

Protect Your Back

When performing material handling, follow these safe lifting principles:

Test the weight of the load before lifting
Warm up by stretching your muscles before lifting
Plan the most direct route and remove anything that could get in your way
Don’t try to lift large, heavy, or awkward loads by yourself
Use lifting equipment when it is available
Don’t overdo it; lift only what you can comfortably handle and take your time
Learn the right way to lift. When you lift, let your leg muscles do the work–not your back
Separate heavy loads into smaller manageable loads that can safely be handled. Ensure that you are always balanced and stable prior to lifting and/or moving items
Take your time and observe your surroundings to ensure that you can safely lift or move items prior to doing so.

To lift safety:

Position yourself close to the load with feet at shoulder width
Squat down next to the load; maintain your back’s natural curves and keep your knees bent
Tighten your stomach muscles. Get a good grip
Bring the load close to your body
Lift slowly, without jerking the load
Walk with small steps, holding the load waist high and close to your body
Move your whole body to change direction; never twist
To lower the load, just reverse the process
Ensure that your body is balanced and stable when lifting items. Take note of your surroundings to prevent accidental contact with items near you

Machinery/Mechanical Equipment

Machinery or Mechanical Equipment It is your employer’s responsibility to provide you the necessary training to operate forklifts and other mechanical equipment. Only trained and/or authorized employees may operate machinery or mechanical equipment. All equipment should be inspected before each use and a documented inspection program should be in place.

If equipment is not operating properly, notify your supervisor prior to continuing the operation of the equipment in question. Equipment should always be operated in the manner intended. Always follow equipment safety procedures when operating. Never operate equipment that has damaged electrical cords or electrical connections. Always put up and secure your hair properly when handling equipment.

Help Keep Your Workplace Safe

It is your employer’s responsibility to provide you with the necessary training, equipment, and procedures to stay safe on the job. It is up to you to:

Stay alert of hazards. Assess the potential safety hazards in your working area and be proactive in preventing possible hazards. Look for what could go wrong and prevent or report the hazard.
Use what you learn in safety training and follow safety rules.
Avoid complacency. No matter how often you’ve done a job, take the time to do it safely.
Take responsibility for safety – your own and that of your co-workers.
Ask your supervisor about any procedure or precaution you don’t understand or have not been trained to perform.
If you have any questions concerning any area of safety discussed in this Safety Guide please contact your supervisor for clarification.

Internet and Social Media Policy

Internet Code of Conduct

Access to the Internet has been provided to staff members for the benefit of the organization and its clients. It allows employees to connect to information resources around the world. Every staff member has a responsibility to maintain and enhance the District’s public image, and to use the Internet in a productive manner.

To ensure that all employees are responsible, productive Internet users the following guidelines have been established for using the Internet:

Employees using Internet access via District hardware and software are representing the District. As such, their conduct should be ethical and lawful at all times.
Internet access should not be used for personal gain or advancement of personal views, for solicitation of non-District business, or result in the disruption of District network operation or interfere with personal productivity at work.
Employees are responsible for the content of all text, audio, or images they place, view, or send over the Internet, regardless of the source or origin. Fraudulent, harassing, obscene or pornographic messages are prohibited. All messages on the Internet should be identified with the employee’s name.
Abusive, profane, harassing, discriminatory, obscene, pornographic, and threatening or violent language transmitted or viewed through the District’s system is strictly prohibited.
Employees may not download the software without the express acknowledgment and support of the Network Administrator to ensure that proper licenses are obtained and viruses are not transmitted.
Employees may not send/upload District copyrighted material, trade secrets, proprietary information, or similar materials to third parties.
All messages created, sent, or retrieved over the Internet are the property of the District and should be considered public information.
The District reserves the right to access and monitor all messages and files on the computer system at any time for any business purpose.
All communications can be disclosed to law enforcement officials or third parties without the prior consent of the sender or the receiver.
Harassment of any kind is strictly prohibited. Messages with derogatory or inflammatory remarks regarding race, religion, national origin, sex, pregnancy, age, physical or mental disability, genetic information, sexual orientation, gender identity or other protected attributes may not be transmitted.
Violations of the Internet Code of Conduct may result in disciplinary action, up to and including termination and illegal activities may result in prosecution by legal authorities.

Social Media Policy

Southwest Preparatory School (the “District”) respects the legal rights of its employees and understands that employees’ time outside of work is their own. However, employees should be mindful that their social media activity, even if done off-premises and while off-duty, could affect the District’s legitimate business interests. For example, the information posted could be the District’s confidential business information. In addition, some readers may mistakenly view you as a spokesperson for the District. Consequently, social media activity is a legitimate and proper focus of District policy.

This Social Media Policy (the “Policy”) provides guidance on responsible social media activity by employees. This Policy does not and cannot cover every possible social media activity. If you are unsure how this Policy may apply to your social media activity, your supervisor or Associate Superintendent of Operations is here to help you. For purposes of this Policy, “social media activity” includes all types of posts and other communications on the Internet, including but not limited to, posts on social networking or affinity sites (such as Facebook, LinkedIn, and Tumblr); blogs and other on-line journals and diaries; bulletin boards and chat rooms; microblogging, such as Twitter; and posts of video or audio on media-sharing sites, such as YouTube or Flickr. “Social media activity” also includes permitting, or failing to remove, posts by others where the employee can control the content of posts, such as on a personal page or blog.

Application: This Social Media Policy applies to all employees. This Policy applies to social media activity that relates in any way to the District’s business, employees, customers, vendors, or competitors or that identifies an employee’s affiliation with the District (other than as an incidental mention of place of employment in personal social media activity unrelated to the District).

Scope: This Policy applies to social media activity when on or off duty, while using the District’s or personal electronic resources, and whether or not the employee posts anonymously or using a pseudonym. Employees who are expressly authorized to engage in social media activity on the District’s behalf may be required to comply with separate guidelines. Unless specifically authorized, employees are prohibited from using the District’s electronic resources to engage in social media activity. Employees may use personal devices, such as a non-District smartphone or tablet, during rest breaks and meal periods to engage in social media activity as long as the employee’s personal device is not connected to the District’s network.

Social Media Guideline

Employees have a right to participate in social networking sites, blogs, forums, etc. as individuals in the community. As a school district, we are also incorporating social media as part of our communications strategy. However, employees should not post anything that would violate student confidentiality or the professionalism and ethical conduct of SWPREP employees.

The purpose of these guidelines is to help you participate online in a respectful, relevant way that protects your reputation and the reputation of the District, and that respects the relationship among employees, students, parents, and community members.

For the purposes of this document, social media includes, but is not limited to, social networking and media sharing sites such as Facebook, Twitter, LinkedIn, TikTok, Flickr, Tumblr, and YouTube. It also includes blogs, comments on websites, discussion forums, responses to media stories, and any other activity involving connecting or communicating with others.

These guidelines complement, but do not replace, any existing policies regarding the use of technology, computers, e-mail, and the Internet that are in place at District.

Your Personal Responsibility

We encourage responsible participation in social networking sites, subject to existing policies, including, but not limited to, those concerning non-discrimination, anti-harassment, anti-bullying, and copyright/fair use. All employees are expected to serve as positive ambassadors for our schools and to remember they are role models to students in this community. We ask that you carefully consider the public forum you are participating in and act in a way that properly represents both your professional reputation and the District.

Express your ideas and opinions in a respectful manner. Seek to build trust and responsibility in your relationships. Avoid insulting others, including students, staff, parents, our extended school community, or other school districts. Do not use racial slurs, innuendos, obscenity, or other inappropriate content. Avoid posting, sharing, commenting, or otherwise engaging in rumors or unsupported information.

Represent the District and the students and parents you serve in the best light. Your posts and comments should help build and support the school community. You are responsible for what you post and communications that would be deemed inappropriate or actionable if they occurred inside or outside the classroom do not become acceptable merely because they are made online. Always bear in mind that once posted, you cannot take it back.

Guidelines to Consider

Use common sense when posting online. While these guidelines are in no way intended to limit or infringe upon your rights to free speech, it remains good practice to never post anything that would embarrass you or District or would call your professional reputation into question.

You are personally responsible for the content you publish online. “Content” includes personal comments, links, photographs, audio or video, and content created by other users that you choose to share or re-post.

Any content you publish will be public for a long time. Not only can your content show up in Google and other search engines, but the FTC allows private corporations to store publicly accessible Facebook posts for a period of some seven years to be used in employee background checks made by current or potential employers. Moreover, even posts that are “private” may be subject to discovery in legal actions.

Once something is posted, you cannot take it back. In most instances, deleting content will not make it disappear. Deleted content can still show up in online searches. Or, with the click of a button, other users can take a screenshot, re-post, or share your content with others. Even if you share your content with a very limited number of people, nothing prohibits your contacts from sharing the information you post.

Ask yourself if you would want your post in the media. Would you feel comfortable if your content was read by colleagues, your students, parents, or the School Board? If the answer is “no,” then the content is best not shared.

Special care should be taken when posting personal photographs. Remember, your social networking site is an extension of your personality and professional reputation. All photographs should be posted with the assumption that they could end up in the public realm.

Content should not include provocative photographs, sexually explicit messages, content showing or promoting the excessive or irresponsible consumption of alcohol or use of drugs, or any activity students are legally prohibited from doing. Remember, even with privacy settings in place, your content could be seen by students or parents or find its way into the public realm.

The lines between personal and professional are blurred in the online world. When you are online, you may be connected to colleagues, students, parents, and the school community. Sometimes those connections may be direct and obvious. Other times the connections may be indirect or via mutual connections. You should ensure that content associated with you is consistent with your work at District.

Your online behavior should reflect the same standards of honesty, respect, and consideration you apply offline.

Protect your privacy. You are responsible for understanding and controlling privacy settings on each social network you use. Always assume default settings will make your profile and any content you share publicly accessible. You should also understand that even with maximum privacy settings in place, content can still find its way into the public domain.

Use your personal email addresses on personal social sites and while engaging in off-duty social media activities or sites that are not connected with or approved by the district. Never use your district email address on personal sites.

At no time should you claim to be speaking or issuing opinions on behalf of the District, except with prior consent from the appropriate supervisor. In instances where there could be confusion, you must add a disclaimer stating that views and content are exclusively your own and not representative of the District.

Employees should not make any derogatory statements about colleagues or students or other comments that would reflect badly on their professional reputation or the reputation of the District. You are ultimately responsible for your comments and District recommends that you thoughtfully consider your rights and responsibilities prior to posting.

Do not post photos or videos that contain identifying information concerning any students on personal sites. Do not post identifying information of co-workers without their permission.

For district-sanctioned sites, such as school Facebook pages, do not post items of students who have opted out, as per district media policy, but you may post items of public events of students and staff who have not opted out, as long as it’s not derogatory in nature.

Respect the privacy and rights of both colleagues and students. Confidential student or personnel information should not be posted online. Be sure not to violate any provision of the Family Educational Rights and Privacy Act.

Show proper respect for the laws governing copyright and fair use of copyrighted material owned by others, including but not limited to images found on Google and the like. You should never quote more than short excerpts of someone else's work and always attribute such work to the original author/source. It is good practice to link to others' work rather than reproduce it, thus reducing the risk of being accused of plagiarism.

Do not use any school logo or image without permission on personal sites. You may use them on district-sanctioned sites.

Do not create any social media account, blog, or website intended to represent the District without express prior consent from the superintendent or designee. It is important for the district to protect its brand, ensure certain brand standards and content guidelines are maintained, and ensure any new accounts fit overall communications and educational standards established by the district.

Any content posted by an employee will be subject to all District policies, rules, regulations, and guidelines. The District is free to view and monitor an employee’s website or weblog at any time without consent or previous approval. Where applicable, employees may be asked to disclose to the District the existence of and to provide the District with access to an employee’s website, weblog, or other personal social media network as part of an employment selection, review, promotion, or disciplinary process.

If an employee’s use of social media violates state or federal law or SWPREP policy, or interferes with the employee’s ability to effectively perform his or her job duties or adversely impacts SWPREP and its service to students and parents (as solely determined by SWPREP), the employee is subject to disciplinary action, up to and including termination of employment.

Employee-Student Relations and Communications

“Electronic Communication” includes any communication facilitated by the use of any electronic device, including a cellular telephone, computer, computer network, personal data assistant, or pager, and includes e-mail, text message, instant message, and any communication made through an internet website, including a social media website or social networking website.

Employees shall not engage in inappropriate electronic communications with students. Employees should not “friend” students on their personal social media pages unless they have an appropriate out-of-school relationship with the student such as relatives, church, scouts, or other activity that would be appropriate for such informal communication. Employees may elect to not disclose to a student the employee’s personal telephone number or e-mail address.

The district recognizes the role that communication and collaboration between employees and students play in the educational process and experience. The district further recognizes that the advancement of electronic communication and social media technologies creates greater opportunities for interactions between employees and students, and provides these additional guidelines for your own and students’ protection.

Employees must exercise great care in connecting with students on any social media channels. Do not send permission-based friend or follower requests to students, such as a Facebook friend request. Use discretion and carefully consider the guidelines provided by the district before accepting any permission-based friend or follower requests received from students. It is District’s recommendation that if an employee decides to accept a friend or follower request received from students that they should accept all such requests, and not selectively limit their interactions to what could be perceived as a few preferred individuals.

Any employee-student communications or relationship via social media should be of an appropriate professional nature, have content that is appropriate for both the communications medium and the audience addressed, and must not violate any provisions of the Family Educational Rights and Privacy Act.

Employees who are connected to or communicate with students via social media must understand they may be granting those students access to all content in their personal social media profiles and should consider the guidelines the district has provided to ensure students are protected from exposure to inappropriate content or content that might compromise the employee’s professional reputation.

Employees shall immediately notify the Principal or designee concerning an incident in which a student engages in improper communications with an employee. A report should include a summary of the student’s communication, as well as the time, date, and method of communication. This is as much for the employee’s protection as the student’s. Any content or communication generated either by you or by a student, which would be inappropriate in the classroom should also be considered inappropriate when shared via social media.

Expressing Your Ideas and Thoughts

Always express ideas and opinions in a respectful manner. Make sure your communications are in good taste. Do not denigrate or insult others. This includes not only the obvious (no ethnic slurs, personal insults, obscenity, etc.) but also proper consideration of privacy and of topics that may be considered objectionable or inflammatory. Remember that our communities reflect a diverse set of customs, values, and points of view.

Be sensitive about linking to content. Redirecting to another site may imply an endorsement of its content. Just by identifying yourself as a district employee, you are creating perceptions about your expertise and about the district by community members, parents, students, and the general public; and you are creating perceptions about yourself with your colleagues and managers.

Are you adding value? Communication associated with our District should help fellow educators, parents, students, and co-workers. It should be thought-provoking and build a sense of community and engagement. If it helps people improve knowledge or skills, do their jobs, solve problems, or understand education better—then it's adding value. Keep the conversation informative and educational for all. Be sure that all content is consistent with your work and with the district’s beliefs and professional standards.

Keep your cool. One of the aims of social media is to create dialogue, and people will not always agree on an issue. When confronted with a difference of opinion, stay cool. Express your points in a clear, logical way. Be accurate. Don’t pick fights or look for an argument. Sometimes, it’s best to ignore a comment and not give it credibility by acknowledging it with a response.

If you make an error, correct it quickly. If you choose to modify an earlier post, make it clear that you have done so. If someone accuses you of posting something improper, deal with it quickly, and/or ask for additional assistance.

Be honest and transparent. Do not blog anonymously, using pseudonyms or false screen names. We believe in transparency and honesty. Nothing gains you notice in social media more than honesty - or dishonesty. Do not say anything that is dishonest, untrue, or misleading. If you have a vested interest in something you are discussing, point it out.

Help Students Leverage Social Media

Students should learn how to use social media to empower, not just connect. With more and more employers and educational institutions looking at prospective candidates online, it is important that we help educate and instruct on best practices for our students using the various social media channels. Connecting with a purpose requires thought and discipline - as connecting with the wrong people could lead to improper associations.

Teachers and administrators should be teaching students how to leverage their connections, associations, and level of engagement as a way to strengthen their individual brands online. This increases their chances of being seen in a positive light for potential employers, colleges, or universities – as the character becomes more and more consideration for enrollment or hiring in today’s workforce. Having our students and teachers ready and adaptable to 21st Century communications is a must.

Specific Guidelines for SWPREP Staff

You may use the District’s electronic resources to engage in social media activity for non-business purposes as long as that activity involves only an incidental amount of your time, does not interfere with your or your co-workers’ job responsibilities, and complies fully with all District policies.
You may not maintain an open connection to, or stream, any social media site. Such non-business use is a privilege that may be withdrawn if abused.
Your social media activity is subject to all pertinent District’s policies, including, but not limited to, the Expectations of Conduct, Code of Conduct, Confidential Business Information, Anti-Retaliation, Anti-Harassment & Anti-Discrimination Policy, Electronics Policy, Internet Code of Conduct, and other personal conduct policies.
Unless you have received prior authorization from Superintendent or Deputy Superintendent, you should not represent or suggest in any social media content that you are authorized to speak on the District’s behalf, or that the District has reviewed or approved your content. If that will not be obvious to the reader, you should specifically state, “The views expressed in this post are my own. They have not been reviewed or approved by Southwest Preparatory School.”
The Federal Trade Commission requires that endorsements be truthful and not deceptive. If your social media activity endorses the District’s products or services, i.e., expresses opinions, beliefs, findings, or experiences concerning the District’s products or services, you must disclose your name and position with the District. Unless the District has approved any such endorsement in writing and in advance, you should specifically state, “The views expressed in this post are my own. They have not been reviewed or approved by Southwest Preparatory School.”
You should consider using available privacy filters or settings to block from supervisors, customers, vendors, or competitors who may have access to your social media activity any overly personal information about you.
You should not post content about the District, management, co-workers, or customers that is vulgar, obscene, threatening, intimidating, defamatory, harassing, or a violation of the District’s policies against discrimination, harassment, or hostility on account of age, race, religion, sex, ethnicity, nationality, disability, or other protected class, status or characteristic. You should not unlawfully disparage the District’s products or services, or the products or services of its customers, vendors, or competitors.
You should not use the District’s logo, trademark, or proprietary graphics (collectively, “IP”) for any commercial purpose, such as selling or advertising any product or service, without the District’s prior written consent. You should not use the District’s IP in any posting unrelated to the terms or conditions of your employment that disparages the District’s brand, products, or services. You should not use the District’s IP in a way that suggests that you are representing the District or while engaging in conduct that violates District policy.
You should not disclose, or post images or videos of, any of the District’s trade secrets or confidential business information or of any confidential business processes. Trade secrets may include information regarding the development of systems, processes, products, expertise, and technology. Confidential business information may include internal reports, policies, procedures; business plans and product-launch dates; health/financial information of students; the District’s attorney-client communications, or other internal business-related confidential communications.
You should not post images or videos of the District’s employees, customers, vendors, or competitors without their prior permission.
You should not mention employees, customers, vendors, or competitors in your social media activity without the District’s prior written approval.
To ensure that the District communicates with the media in a consistent, timely, and professional manner about matters related to the District, you should speak to the Superintendent before responding to any inquiry from a journalist or the news media about your social media activity related to the District.
Anyone concerned about social media activity relating to the District that may require a response may contact Superintendent or Deputy Superintendent as a resource.

The following guidelines also apply to your social media activity:

Managers should avoid situations that may compromise their ability to lead, make objective management decisions or affect the culture within the location(s); keep this in mind when making or responding to friend requests. Any employee may reject a friend request from any other employee without fear of retaliation.
Employees may not use District-sponsored sites to solicit for or promote personal businesses or any organization, including but not limited to outside business ventures, charities, political campaigns, religious groups, or other membership organizations.
Employees may not use their District e-mail address to register for any social media account or site, or as an identifier needed to participate in any social media activity, except to engage in social media activity authorized by the District and for the District’s business purposes. Employees may reference the District as their employer and include contact information on social and professional networking sites only, such as LinkedIn and Facebook.
Employees should use only approved social media channels — and not personal social media sites or pages — to conduct District business. Without prior District approval, social media should not be used to arrange business meetings, communicate with customers about specific transactions, or search for information about current or prospective employees.
Employees may provide a reference or a recommendation through social media only if they did not review the person making the request as part of the District’s formal performance appraisal process.
The District has the right to request, in its sole and absolute discretion, that employees temporarily confine their social media activity to matters unrelated to the District if the District determines this is necessary to ensure compliance with securities regulations or other laws.

Table of Contents

Our Mission, Vision, and Core Values

Introduction

General Employment Policies

Equal Employment Opportunity

At-Will” Employment

Criminal Background Checks and Fingerprinting

Disability Accommodation

Employee Involvement

Employment Classification

Temporary Employees

Non-Exempt and Exempt” Employees

Employment References

Employee Personnel File

Nepotism

Immigration Compliance

Job Vacancy Announcements/Transfers

Outside Employment and Tutoring

Reassignments and Transfers

Rehire of Former Employees

Religious Accommodation

Leaves of Absence Policies

Personal Leave of Absence

Discretionary Leave of Absence

Bereavement Leave

Limitations on Leave of Absence

Family and Medical Leave

Employee Eligibility

Reasons for Leave

Definitions

Length of Leave

Notice and Certification

Recertification after Grant of Leave

Military Emergency Leave Requirements

Compensation During Leave

Benefits During Leave

Job Reinstatement

Fraudulent Use of FMLA Prohibited

Additional Information Regarding FMLA

Military Reserves or National Guard Leave of Absence

Military Leave

Eligibility for Leave

Notice of Leave

Reinstatement

Hours, Pay & Performance Policies

Attendance

Direct Deposit

Employee Recognition and Appreciation

Garnishments

Hours of Work

Exempt Employees

Non-Exempt

Overtime

Payday and Paychecks

Pay Dates

Review Your Pay Stub

Non-exempt Employees

Exempt Employees

Payroll Deductions

Performance Appraisals

Salary & Wage Administration

Termination

Reporting Time/Timesheets

Employee Benefits

Health, Dental, Disability, and Life Insurance Benefits

TRS – Medical Premium Contribution

Holidays

Jury and Witness Duty

Voting

Other Court Appearances

Paid Time Off

Procedure for Requesting Leave

Supplemental Insurance Benefits

Flexible Spending Account

Supplemental Retirement Plans

Teacher Retirement

Unemployment Compensation Insurance

General District Policies

Accident Procedure

Anti-Retaliation Policy