DeSoto County School District
”Excellence is a Commitment”
Employee
Handbook
SUPERINTENDENT OF EDUCATION
Milton Kuykendall
Questions or comments regarding this handbook
may be directed to:
Kerry Baker, Director
Tammy Thomas, Assistant Director
Employee Services Department
5 East South Street
Hernando, MS 38632
662-449-7100
Revised 2011
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TABLE OF CONTENTS
I. INTRODUCTION AND HANDBOOK OVERVIEW ...............................................................................8
EMPLOYEE HANDBOOK PURPOSE / INTERPRETATION...................................................................8
MISSION STATEMENT............................................................................................................................8
VISION STATEMENT...............................................................................................................................8
II. EMPLOYMENT INFORMATION ..........................................................................................................9
EQUAL EMPLOYMENT OPPORTUNITY ................................................................................................9
AMERICAN WITH DISABILITIES ACT (ADA).........................................................................................9
EMPLOYMENT - AT - WILL...................................................................................................................10
APPLICATION PROCESS .....................................................................................................................10
LICENSE REQUIREMENTS...................................................................................................................10
ASSIGNMENTS......................................................................................................................................11
DISCLAIMER OF EMPLOYMENT RECOMMENDATIONS...................................................................11
NEPOTISM .............................................................................................................................................11
RECRUITMENT AND RETENTION .......................................................................................................12
COMPLAINTS, GRIEVANCES AND HARASSMENT ...........................................................................12
III. CODE OF ETHICS AND CONDUCT.................................................................................................16
STANDARDS DEFINED IN THE CODE OF ETHICS ............................................................................16
EMPLOYEE CONDUCT WITH STUDENTS...........................................................................................22
CONDUCT REGARDING ELECTRONIC COMMUNICATION ..............................................................22
CONDUCT REGARDING CONFIDENTIAL INFORMATION.................................................................23
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IV. ADMINISTRATIVE PROCESS..........................................................................................................24
NEW EMPLOYEE ORIENTATION.........................................................................................................24
NEW EMPLOYEE MENTORING............................................................................................................24
REEMPLOYMENT..................................................................................................................................24
EMPLOYEE PERSONNEL FILES..........................................................................................................25
CERTIFIED PERSONNEL (TEACHER) REQUEST FOR TRANSFER .................................................25
CLASSIFIED PERSONNEL REQUEST FOR TRANSFER....................................................................26
RENEWAL OF LICENSED EMPLOYEES .............................................................................................26
NON-RENEWAL OF LICENSED EMPLOYEES ....................................................................................26
REDUCTION IN FORCE.........................................................................................................................27
V. ATTENDANCE AT WORK.................................................................................................................28
EMPLOYEE CLASSIFICATIONS...........................................................................................................28
TIMEKEEPING AND ATTENDANCE.....................................................................................................29
LUNCH AND BREAK PERIODS............................................................................................................31
AUTOMATION TIMEKEEPING SYSTEM ..............................................................................................32
INCLEMENT WEATHER........................................................................................................................33
VI. WORKPLACE PROFESSIONALISM AND REPRESENTATION ....................................................34
PERSONAL APPEARANCE AND DEMEANOR ...................................................................................34
SMOKING...............................................................................................................................................34
SUBSTANCE USE AND ABUSE...........................................................................................................35
WORKPLACE VIOLENCE .....................................................................................................................36
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SAFETY..................................................................................................................................................37
COMMUNICABLE DISEASES - EMPLOYEES .....................................................................................38
UNIVERSAL PRECAUTIONS STATEMENT .........................................................................................38
ANTI-RETALIATION PROCEDURE ......................................................................................................38
CONFLICT OF INTEREST .....................................................................................................................39
TUTORING STUDENTS FOR PAY........................................................................................................39
OUTSIDE EMPLOYMENT......................................................................................................................39
SCHOOL EMPLOYEE FUNDRAISING..................................................................................................40
PARTICIPATION IN COMMUNITY ACTIVITIES....................................................................................40
POLITICAL ACTIVITY OF STAFF MEMBERS......................................................................................40
TRAVEL RULES AND REGULATIONS.................................................................................................42
TRAVEL FOR NON-EXEMPT EMPLOYEES.........................................................................................44
VII. COMPENSATION ............................................................................................................................46
PAYROLL DEDUCTIONS ......................................................................................................................46
EXEMPT LICENSED CONTRACTED EMPLOYEES.............................................................................47
CONTRACTS..........................................................................................................................................47
EXEMPT CLASSIFIED EMPLOYEES....................................................................................................47
NON-EXEMPT EMPLOYEES.................................................................................................................47
PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS...............................48
VIII. BENEFITS.......................................................................................................................................52
INSURANCE AND RETIREMENT BENEFITS.......................................................................................52
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HEALTH INSURANCE ...........................................................................................................................52
CAFETERIA PLAN.................................................................................................................................53
RETIREMENT PLAN..............................................................................................................................53
403B PLAN.............................................................................................................................................53
COBRA...................................................................................................................................................53
WORKERS’ COMPENSATION..............................................................................................................54
UNEMPLOYMENT..................................................................................................................................55
IX. EMPLOYEE TIME OFF FROM WORK.............................................................................................55
NONPROFESSIONAL EMPLOYEE LEAVES AND ABSENCES..........................................................55
VACATION .............................................................................................................................................55
LICENSED EMPLOYEE / SCHOOL NURSE SICK AND PERSONAL LEAVE.....................................56
CLASSIFIED EMPLOYEE SICK AND PERSONAL LEAVE .................................................................58
FAMILY MEDICAL LEAVE ACT (FMLA)...............................................................................................61
TEMPORARY MEDICAL LEAVE...........................................................................................................70
LEAVE OF ABSENCE............................................................................................................................71
BEREAVEMENT LEAVE........................................................................................................................72
DONATED LEAVE POLICY...................................................................................................................72
JURY DUTY............................................................................................................................................73
MILITARY DUTY ....................................................................................................................................74
X. USE AND MONITORING OF ELECTRONICS AND EQUIPMENT ...................................................75
ACCESSING THE INTERNET................................................................................................................75
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EMPLOYEE USE OF ELECTRONIC MEDIA.........................................................................................77
TELEPHONES........................................................................................................................................78
PERSONAL REFRIGERATORS, MICROWAVES, AND/OR COFFEE POTS ......................................78
CONSERVATION OF ENERGY.............................................................................................................79
PURCHASING........................................................................................................................................79
USE OF EQUIPMENT AND VEHICLES.................................................................................................79
USE AND RETURN OF DISTRICT PROPERTY....................................................................................80
XI. PERFORMANCE EXPECTATION AND EVALUATION...................................................................80
EVALUATION OF LICENSED PERSONNEL ........................................................................................80
PROFESSIONAL DEVELOPMENT .......................................................................................................81
PROGRESSIVE DISCIPLINE.................................................................................................................81
PRE-DISMISSAL REVIEW.....................................................................................................................82
GRIEVANCE PROCEDURE...................................................................................................................83
SEPARATION PROCEDURES ..............................................................................................................83
ABANDONMENT OF JOB .....................................................................................................................83
EMPLOYEE HANDBOOK RECEIPT AND ACKNOWLEDGMENT.......................................................84
NOTES....................................................................................................................................................85
AMENDMENTS ......................................................................................................................................86
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Dear Employees,
Welcome to DeSoto County School District, the showcase school system of Mississippi.
There has never been a more exciting time to be part of the educator team at DeSoto
County Schools. As an employee of DCS, we believe you will contribute and share our
commitment to the continued excellence of DeSoto County Schools.
Both current and new employees should use this Employee Handbook as a ready reference
concerning personnel questions regarding DeSoto County Schools. Additionally, the
Handbook assures good management and fair treatment of all employees. DCS is
determined to recognize the contributions of all its employees, to have every employee
succeed in their job, and be part of achieving our goal of ensuring world-class academic
excellence within a safe learning environment, while providing a variety of exceptional
extracurricular programs that foster the physical, social, and emotional growth of all
students.
Changes to DeSoto County School Board Policies may occur throughout the school year.
These policy changes are available on the DCS website following board approval. Visit
www.desotocountyschools.org
to view the most recent board policy changes and updates
that may not be included in the current Employee Handbook.
It is my hope that this Employee Handbook will be a great resource to you. Our Employee
Services Department is committed to helping you address any questions or concerns you
have on employee matters. Please contact Kerry Baker or Tammy Thomas at 662-449-7100
if they may be of help to you in any way.
Probably the one feature that makes DeSoto County Schools stand out is its exceptional
teachers. It is through the dedicated hard work and commitment from every employee that
our efforts to assist children in realizing their potential and achieving excellence are
successful.
Sincerely,
Milton Kuykendall
Superintendent
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I. INTRODUCTION AND HANDBOOK OVERVIEW
EMPLOYEE HANDBOOK PURPOSE / INTERPRETATION
Welcome to DeSoto County Schools (hereinafter referred to as “DCS” or “the District”).
We believe the contribution of your skills, knowledge, and positive attitude is essential to the
continued success and growth of this school district. You are a valued employee and
therefore we encourage you to let your Principal/Supervisor know about achievements as
well as problems and your ideas on solving them. We believe in you and your contributions
and hope you will take pride in being a member of our team.
This handbook was developed to provide information you will need to get started on your
new job. It outlines the District’s expectations, policies, and programs, serving as a resource
throughout your employment. You should not interpret this handbook or any other
documents (such as benefits statements, performance evaluations, or any other written or
verbal communications) as an employment agreement or a contract of employment (either
expressed or implied). DCS Board policy supersedes all documented material published or
unpublished.
This handbook is not intended to be all-inclusive nor will it address every situation.
Therefore, you are encouraged to address questions with your Principal or direct supervisor.
The policies and other information contained in this handbook are subject to change at any
time due to organizational needs. While the District will normally provide employees with
advance notice of any change, the District reserves the absolute right to alter these policies at
any time, and from time to time without advance notice. The DeSoto County Schools
Board policies of are also available at each District location as well as on the District website:
www.desotocountyschools.org.
Questions regarding the content of this handbook can be addressed to your immediate
supervisor or the Employee Services Department.
MISSION STATEMENT
DeSoto County Schools is dedicated to ensuring world-class academic excellence within a
safe learning environment, while providing a variety of exceptional extracurricular programs
that foster the physical, social, and emotional growth of all students.
VISION STATEMENT
DeSoto County Schools will be regionally and nationally recognized as a system of superior-
performing schools that ignite a passion for learning, while inspiring student success through
instructional excellence and exemplary leadership.
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II. EMPLOYMENT INFORMATION
EQUAL EMPLOYMENT OPPORTUNITY
DCS is committed to providing a work environment that is free of discrimination. It is the
policy of DCS that all applicants and employees are entitled to equal employment
opportunity regardless of race, color, ethnic or national origin, religion, gender (includes
pregnancy or related medical conditions), height, weight, age, marital status, political beliefs,
disability, or handicap which does not impair an individual’s ability to perform adequately in
that individual’s particular position or activity. In addition, the District’s procedure
specifically prohibits retaliation against any individual engaged in a protected activity.
Protected activities include making an honestly believed complaint of discrimination;
participating as a witness or otherwise in a discrimination investigation; or requesting
accommodations based on religion or disability.
In compliance with the provisions of all applicable state and federal civil rights laws, every
effort will be made to employ the most qualified individuals without regard to the above
factors. Additionally, it is and shall continue to be the District’s policy to provide promotion
and advancement opportunities in a non-discriminatory fashion. DCS is an equal
opportunity employer. DCS does not, and will not, permit any of its employees to engage in
discriminatory practices involving individuals that they come in contact with as
representatives of the District, or their co-workers.
DCS requires immediate reporting of all perceived incidents of discrimination. If you
believe you are being discriminated against, or if you believe your employment is being
affected by such conduct directed at someone else, you should immediately discuss your
concerns with your immediate supervisor, the Principal, Director of Employee Services or
Personnel Office. Should employees know of an incident of discrimination, they are
expected to immediately bring the incident to the attention of their supervisor, the principal,
Director of Employee Services or Personnel Office.
The DeSoto County School Board shall not discriminate in its policies
and practices with respect to compensation, terms or conditions of
employment because of an individual’s race, color, ethnic or national
origin, religion, gender, height, weight, age, marital status, political
beliefs, disability, or handicap which does not impair an individual’s
ability to perform adequately in that individual’s particular position or
activity.
REF: Title VI and Title VII; 1964 Civil Rights Act
Title IX; 1972 Education Amendments
Section 503; and 504 1973 Rehabilitation Act
Mississippi Public School Accountability Standards
AMERICAN WITH DISABILITIES ACT (ADA)
The ADA covers employers with fifteen (15) or more employees and generally prohibits
discrimination against “qualified individuals with disabilities.” A qualified individual with a
disability is an applicant or employee who can perform the essential functions of the job in
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question with or without reasonable accommodation. Disability is defined as: a physical or
mental impairment that substantially limits one or more major life activities; a record of such
impairment; or being regarded as having such impairment.
DeSoto County Schools will reasonably accommodate qualified applicants and employees
with disabilities unless making the accommodation imposes an undue hardship on the
school district. DeSoto County Schools will reasonably accommodate known disabilities.
Therefore, employees needing accommodation should speak directly with their supervisor.
The District expects the reasonable accommodation process to be a mutual process by
which the District and employee search for a mutually acceptable reasonable
accommodation.
DeSoto County Schools is also committed to not discriminate against any qualified
employees or applicants because they are related to or associated with a person with a
disability.
EMPLOYMENT - AT - WILL
While the District strives to make the employment relationship a mutually satisfying one,
DCS can make no assurances, either expressed or implied, concerning the duration of
employment. Employees of the District who are “At-Will” are employees that either the
District or the employee can terminate employment at any time, with or without cause or
notice. Progressive Discipline does not altar the “At-Will” status. “At-Will” employees are
not entitled to a discipline hearing. In addition, it should be noted that no one has the
authority to make promises or guarantees of employment, which are not consistent with the
District’s “At-Will” policy. Therefore, no statement or promise by a supervisor, manager or
department head may be interpreted as a change in policy nor will it constitute an agreement
made with an employee. An “At-Will” employee is any employee who does not receive a
contract of employment.
Select positions within DCS (i.e. Teachers) do receive employment contracts. Therefore,
they do not fall under “At-Will” employment. Employees who have a contract with DCS
are expected to abide by the terms of their contract.
APPLICATION PROCESS
Persons interested in securing employment with the DeSoto County School District shall
complete an application and provide all required documents before employment is finalized.
Applications are available at the central office of the DeSoto County School District. They
are also available on the school district’s website: http://www.desotocountyschools.org
Applications are kept on file in the Office of Personnel in the DeSoto County School
District for one year from the date it is received. An applicant may request that his/her
application be kept active for a longer period of time by writing or calling the Office of
Personnel and updating the application. Interviews are required prior to employment.
LICENSE REQUIREMENTS
Applicants who are seeking employment in positions that require a license must hold, or be
eligible to hold, a valid license from the Mississippi Department of Education. In addition,
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all licensed employees must renew their license by meeting specific requirements of the
Mississippi Department of Education. License renewal is a personal responsibility and
requirements may be found at: http://www.mde.k12.ms.us/ed_licensure/index.html
ASSIGNMENTS
The Superintendent shall be the final authority involving assignment and transfer of teachers
within the school district. A teacher’s contract is with the DeSoto County School Board.
The contract is not for a particular school, particular grade or subject.
In the placement of personnel, no immediate family members shall be placed on the same
school campus that would result in one family member supervising and/or recommending
another family member. The Board reserves the right to make exceptions to this policy if it
is in the best interest of the school district.
DISCLAIMER OF EMPLOYMENT RECOMMENDATIONS
DeSoto County Schools (DCS) does not restrict its employees from providing personal
and/or professional recommendations to outside agencies, school districts, or companies.
Although it is believed that recommendations provided by employees of DCS are presented
in good faith, DCS makes no representations as to the completeness or accuracy of
information unless the recommendation has been co-signed by the Superintendent, Deputy
Superintendent, Assistant Superintendent, Associate Superintendent, or Director of
Employee Services.
Information supplied through a co-signed arrangement as referenced above is provided in
good faith that the information is complete, accurate, and up-to-date within the constraints
of the law. Therefore, the information is provided upon the condition that the organization
receiving same will make their own determination as to an applicant’s suitability for
employment. In no event will DCS be responsible for the actions of an applicant or
employee of another school district or agency who is acting outside their official capacity as
an employee of DCS.
NEPOTISM
It is well accepted that employment of relatives in the same area of an organization can cause
serious conflicts and problems with favoritism and morale. In these circumstances, all
parties, including supervisors, leave themselves open to charges of inequitable consideration
in decisions concerning work assignments, transfer opportunities, demotions, disciplinary
actions and discharge. In addition to claims of preferential treatment at work, personal
conflicts from outside the work environment can be carried into day-to-day working
relationships. While the District has no prohibition against hiring relatives, one general
restriction has been established to help assure fair treatment of all employees.
In the placement of personnel, immediate family members cannot be
placed on the same school campus that would result in one family
member supervising and/or recommending another family member.
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If the relative relationship is established after employment, the individuals concerned will
decide who is to be transferred or discharged. If that decision is not made within thirty (30)
days, the Superintendent will decide.
In other cases where a conflict of interest or the potential for conflict arises, even if there is
no supervisory relationship involved, the parties may be separated by reassignment or
terminated from employment.
The Board reserves the right to make exceptions to this policy if it is in the best interest of
the school district.
RECRUITMENT AND RETENTION
The recruitment process of the DeSoto County School District involves a concerted effort
to search for the best people available to achieve the mission of the school district, educating
children and young people. The Recruitment and Retention Office has the major
responsibility of recruiting personnel. The Recruitment and Retention Office may designate
a representative from the DeSoto County School District to help recruit at college and
university campuses and at job fairs throughout the state and region. Employment
opportunities will be posted on the school district’s website as a recruitment tool. The major
thrust of the recruitment program in the DeSoto County School District is to find the best
people available, not to hire just to fill a position. Although the Recruitment Office has the
major responsibility for recruitment, all employees can assist in recruiting personnel to the
school district by referring highly qualified people to the Office of Personnel. An
orientation program and a mentoring program are key components to getting new teachers
off to a good start and retaining them as experienced educators.
COMPLAINTS, GRIEVANCES AND HARASSMENT
DCS is committed to providing a work and school environment which is free from all forms
of discrimination and conduct that can be considered harassing, coercive, or disruptive,
including sexual harassment. Actions, words, jokes, or comments based on an individual’s
age, sex, race, color, national origin, religion, disability, or any other legally protected
characteristic will not be tolerated.
It is the intent of DeSoto County Schools to maintain an environment free from sexual
harassment of any kind. Therefore, sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature are prohibited. It shall be a violation of School
Board policy for any employee to use sexual harassment toward any other employee or
student. The DeSoto County School District will investigate all formal and informal, verbal
and written complaints of sexual harassment. Any employee who is found to have used
sexual harassment toward any employee or student will be disciplined.
Complaints of violation of the School Board policy regarding harassment may be made to
the appropriate administrative officer without fear of reprisal. If the grievance concerns
sexual harassment from an immediate supervisor, then the grievant should file a complaint
with the Title IX Coordinator/Federal Programs Director. Should violations prove to be
legitimate, the offending employee shall be subject to disciplinary action, including
involuntary termination of employment.
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Any violations of the provisions of Title IX should be reported to your Principal, immediate
Supervisor, or the Director of Federal Programs.
The purpose of this grievance procedure is to secure at the first possible administrative level
an equitable solution to any complaint or grievance. A "grievance" is defined as a complaint
by an individual based upon an alleged violation of his or her rights under state or federal
law or board policy.
The following procedure shall be followed:
LEVEL ONE
1. All complaints or grievances must be presented orally to the principal or immediate
supervisor of the grievant within ten (10) days of the act or omission complained of, and
the principal or immediate supervisor and grievant will attempt to resolve the matter
informally.
2. If the grievant is not satisfied with the action taken or the explanation given by his/her
principal or immediate supervisor, the grievant shall, within ten (10) business days after
meeting with his/her principal or immediate supervisor, file a written statement with
his/her principal or immediate supervisor setting forth in detail how the grievant claims
to have been discriminated against. This written statement shall contain, in addition to
the above, the time, place, and nature of the alleged act or omission and the state or
federal law or board policy violated. The statement must be signed by the grievant.
In the event the grievant does not submit to his/her principal or immediate supervisor a
written statement as required, his/her failure to do so shall be deemed as an acceptance of
the informal decision rendered by his/her principal or immediate supervisor.
After receipt of the written statement setting forth how the grievant was allegedly
discriminated against, the principal or immediate supervisor shall hold a hearing and render a
decision in writing to the grievant within ten (10) days.
The written decision of the principal or immediate supervisor shall be deemed to be
accepted by the grievant unless the grievant notifies the superintendent in writing within ten
(10) days of the date of the written decision of the grievant’s intention to appeal the written
decision of the principal or immediate supervisor.
LEVEL TWO
1. Upon receipt by the superintendent of the written notice that the grievant intends to
appeal the decision of his/her principal or immediate supervisor, the superintendent
shall notify the grievant in writing within ten (10) days and shall advise the grievant of
the date, time, and place upon which the matter will be considered by the
superintendent. The superintendent shall schedule a hearing on the matter no later than
thirty (30) days from the date of receipt of the grievant’s written notice of intention to
appeal the written decision of his/her principal or immediate supervisor.
2. The written statement submitted by the grievant to his/her principal or immediate
supervisor in Level One shall form the basis of the grievance before the superintendent.
The grievant shall submit to the superintendent in writing any and all additional
information on his/her behalf which he/she desires not later than ten (10) days prior to
the date upon which the matter is scheduled for hearing by the superintendent.
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3. In the event the grievant does not personally attend the hearing scheduled by the
superintendent, his/her failure to attend shall be deemed as an acceptance of the written
decision rendered by his/her principal or immediate supervisor at LEVEL ONE.
4. The superintendent shall render a written decision to the grievant within ten (10) days of
the date upon which the matter was heard.
LEVEL THREE
1. If the grievance is not resolved to the satisfaction of the grievant at LEVEL TWO, or if
the superintendent does not render a decision within ten (10) days, the grievant may file
the grievance with the secretary of the School Board.
2. If the grievance is not filed with the secretary of the School Board within ten (10) days of
the hearing at LEVEL TWO, the grievance shall be considered resolved.
3. Within ten (10) days after receipt of the grievance, the Board secretary, in concert with
the Board chairman and superintendent, shall schedule a hearing before the School
Board on the grievance.
4. The board shall render its decision within fifteen (15) days of the hearing.
GENERAL AND SEXUAL HARASSMENT
The DeSoto County School District endeavors to provide an environment conducive to
growth in mind, spirit, and community awareness which precludes the exploitation of
students or employees. It is the policy of the school district that all employees and students
have the right to work and learn in an environment free from sexual harassment and
unwelcome and unwanted sexual attention. Sexual harassment is specifically prohibited by
Title VII of the Civil Rights Act of 1974, as amended, and Title IX of the Education
Amendments of 1972.
It shall be unlawful for any person to intimidate, threaten or coerce, or attempt to intimidate,
threaten or coerce, whether by illegal force, threats of force or by the distribution of
intimidating, threatening or coercive material, any person enrolled in any school for the
purpose of interfering with the right of that person to attend school classes or of causing
him not to attend such classes. MS Code §37-11-20 (1972)
If any parent, guardian or other person shall abuse any superintendent, principal, teacher or
school bus driver or other school official while school is in session or at a school-related
activity, in the presence of school students, such person shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not less than Ten Dollars ($10.00) nor
more than Fifty Dollars ($50.00). MS Code §37-11-21 (1992)
If any person shall willfully disturb any session of the public school or any public school
meeting, such person shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars
($50.00). MS Code §37-11-23 (1970) The governing authorities of the municipality may, at
its discretion, investigate and provide legal counsel for the defense of any claim, demand or
action, whether civil or criminal, made or brought against any school district employee as a
result of his actions while acting in his official capacity. MS Code §25-1-47 (1971)
A person guilty of simple assault as defined by statute, upon a superintendent, principal,
teacher or other instructional personnel, school attendance officer, school bus driver, or
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other individuals specified in state law while these individuals are acting within the scope of
their duty, office, or employment shall be punished by a fine of not more than one-thousand
dollars ($1,000) or by imprisonment for not more than five (5) years or both.
A person guilty of aggravated assault, as defined by statute, upon an individual named above
shall be punished by a fine of not more than five-thousand dollars ($5,000) or by
imprisonment for not more than thirty (30) years or both. MS Code §97-3-7 (1972)
The DeSoto County School District affirms employee protection provided under Title VII,
and therefore “shall not tolerate verbal or physical conduct by any employee, male or female,
which harasses, disrupts, or interferes with another’s work performance or which creates an
intimidating, offensive, or hostile environment.”
Sexual harassment is defined as including, but not limited to, unsolicited and unwelcome
sexual advances, requests for sexual favors, and repeated derogatory sexual remarks. Sexual
harassment can consist of such behavior as making unsolicited written, verbal and/or visual
communication with sexual overtones, touching another student or employee in a sexually
offensive manner, continuing to express sexual interest after being informed the interest is
unwelcome, making reprisals, threats of reprisal, or implied threats of reprisal following a
negative response to sexual advances.
Violations of the Sexual Harassment Policy by administrators, teachers, staff and students
will be regarded as a violation of a person’s civil rights. Violators are subject to disciplinary
action. Reprisals against a complainant may also constitute unlawful behavior. Individuals
wishing to make a formal complaint about sexual harassment concerning a student or staff
member may use the School District Grievance Procedure or contact the guidance
counselors at their school/Superintendent’s Office/ principal of their school/teacher. The
right to confidentiality, for both the accuser and accused, will be respected consistent with
the school district’s legal obligations and with the necessity to investigate allegations of
misconduct and to take corrective action when this conduct has occurred. This policy
similarly applies to non-employee volunteers who work subject to the control of school
authorities.
Conduct of a sexual nature may include verbal or physical sexual advances, including subtle
pressure for sexual activity; touching, pinching, or patting, or brushing against; comments
regarding physical or personality characteristics of a sexual nature; and sexually-oriented
kidding, teasing, and jokes. Verbal or physical conduct of a sexual nature may constitute
sexual harassment when the allegedly harassed employee has indicated, by his or her
conduct, that it is unwelcome. Any employee who has initially welcomed such by active
participation must give specific notice to the alleged harasser that such conduct is no longer
welcome in order for any such subsequent conduct to be deemed unwelcome.
It is sexual harassment for an administrator or supervisor to use his or her authority to solicit
sexual favors or attention from subordinates when the subordinate’s failure to submit will
result in adverse treatment, or when the subordinate’s acquiescence will result in preferential
treatment. Administrators and supervisors who either engage in sexual harassment or
tolerate such conduct by other employees shall be subject to sanctions, as described below.
It is sexual harassment for a non-administrative and non-supervisory employee to subject
another such employee to any unwelcome conduct of a sexual nature. Employees who
engage in such conduct shall be subject to sanctions as described below. It is the express
15
policy of the DeSoto County Board of Education to encourage victims of a sexual
harassment to come forward with such claims. This may be done through the Grievance
Procedure.
Employees who feel that administrators or supervisors are conditioning promotions,
increases in wages, continuation of employment, or other terms or conditions of
employment upon sexual favors, are encouraged to report these conditions to the
appropriate administrator. If the employee’s direct administrator or supervisor is the
offending person, the report shall be made to the next higher level of administration or
supervision.
Employees are also urged to report any unwelcome conduct of a sexual nature by
supervisors or fellow employees if such conduct interferes with the individual’s work
performance or creates a hostile or offensive working environment. Confidentiality will be
maintained and no reprisals or retaliation will be allowed to occur as a result of the good
faith reporting of charges of sexual harassment.
In determining whether alleged conduct constitutes sexual harassment, the totality of the
circumstances, the nature of the conduct and the context in which the alleged conduct
occurred will be investigated. The superintendent has the responsibility of investigating and
resolving complaints of sexual harassment. Any employee found to have engaged in sexual
harassment shall be subject to sanctions, including, but not limited to, warning, suspension,
or termination subject to applicable procedural requirements.
If any person eighteen (18) years or older who is employed by any public or private school
district in this state is accused of fondling or having any type of sexual involvement with any
child under the age of eighteen (18) years who is enrolled in such school, the principal of
such school and the superintendent of such school district shall timely notify the District
attorney with jurisdiction where the school is located of such accusation, provided that such
accusation is reported to the principal and to the school superintendent and that there is
reasonable basis to believe that such accusation is true. MS Code §97-5-24 (1994)
If any teacher and any pupil under eighteen (18) years of age of such teacher, not being
married to each other, shall have sexual intercourse, each with the other, they shall, for every
such offense, be fined in any sum, not more than five hundred dollars ($500.00) each, and
the teacher may be imprisoned not less than three (3) months nor more than six (6) months.
MS Code §97-29-3 (1980)
REF: MS Code as cited above
Mississippi Public School Accountability Standards
III. CODE OF ETHICS AND CONDUCT
Standards Defined In the Code of Ethics
A Code of Ethics, developed by DCS and based on the standards established by the
Mississippi Department of Education (MDE), is included in this employee handbook as a
guide to ethical conduct for all DeSoto County School employees. Both certified and
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classified employees are expected to conform to the highest standards of ethical behavior in
the performance of their job duties. The expectation of the District is also that all
employees will follow rules of conduct protecting the interests and safety of everyone in the
organization. This Code of Ethics defines the parameters of expected professional behavior
and describes specific grounds for disciplinary action for any sexual or other type of
misconduct. These guidelines are designed to emphasize the top priority of DCS as well as
MDE which is to protect the health, safety, and general welfare of our students and
employees in the school district.
• Professional Conduct – An employee should demonstrate conduct that follows
generally recognized professional standards and rules.
a. Ethical conduct includes, but is not limited to, the following:
i. Encouraging and supporting colleagues in developing and
maintaining high standards.
ii. Respecting fellow employees and participating in the development of
a professional environment.
iii. Engaging in a variety of individual and collaborative learning
experiences essential to professional development designed to
promote student learning.
iv. Providing professional education services in a nondiscriminatory
manner.
v. Maintaining competence regarding skills, knowledge, and dispositions
relating to his/her organizational position, subject matter and
pedagogical practices.
vi. Maintaining a professional relationship with parents of students and
establish appropriate communication related to the welfare of their
children.
b. Unethical conduct includes, but is not limited to, the following:
i. Failure to interact courteously and tactfully with
managers/supervisors, co-workers, and students to the point that
productivity or morale suffers may be grounds for discipline
including termination.
ii. Harassment of colleagues.
iii. Misuse or mismanagement of tests or test materials.
iv. Inappropriate language on school grounds or any school-related
activity.
v. Physical altercations.
vi. Negligence towards or endangerment of students.
vii. Failure to provide appropriate supervision of students and reasonable
disciplinary actions.
viii. Intentional damage to school property or equipment.
• Trustworthiness – An employee should exemplify honesty and integrity in the course
of professional practice and does not knowingly engage in deceptive practices
regarding official policies of this school district or educational institution.
a. Ethical conduct includes, but is not limited to, the following:
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i. Properly representing facts concerning an educational matter in direct
or indirect public expression.
ii. Advocating for fair and equitable opportunities for all children.
iii. Embodying for students the characteristics of honesty, diplomacy,
tact, and fairness.
b. Unethical conduct includes, but is not limited to, the following:
i. Falsifying, misrepresenting, omitting, or erroneously reporting any of
the following:
• Employment history, professional qualifications, criminal
history, certification or recertification.
• Information submitted to local, state, federal and/or other
governmental agencies
• Information regarding the evaluation of students and/or
personnel
• Reasons for absences or leave
• Information submitted in the course of an official inquiry or
investigation
ii. Falsifying records or direct or coerce others to do so, including
timekeeping records.
• Unlawful Acts – School district personnel shall abide by federal, state, and local laws
and statutes and DeSoto County School Board policies. As used herein, conviction
includes a finding or verdict of guilty, or a plea of nolo contendere, regardless of
whether an appeal of the conviction has been sought or situation where first
offender treatment without adjudication of guilt pursuant to the charge was granted.
a. Unethical conduct includes, but is not limited to:
i. The commission or conviction of a felony or sexual offense.
ii. Theft or inappropriate removal or possession of school district
property.
iii. Possession of dangerous or unauthorized material, such as explosives
or firearms, in the workplace.
• Employee/Student Relationships – An employee should always maintain a
professional relationship with all students, both in and outside the classroom.
Failure to comply with these conduct expectations may be grounds for discipline and
possible termination.
a. Ethical conduct includes, but is not limited to, the following:
i. Fulfilling the roles of mentor and advocate for students in a
professional relationship. A professional relationship is one where
the educator maintains a position of teacher/student authority while
expressing concern, empathy, and encouragement for students.
ii. Nurturing the intellectual, physical, emotional, social and civic
potential of all students.
iii. Providing an environment that does not needlessly expose students
to unnecessary embarrassment or disparagement.
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iv. Creating, supporting, and maintaining a challenging learning
environment for all students.
b. Unethical conduct includes, but is not limited to, the following:
i. Failure to maintain classroom discipline or an appropriate educational
environment.
ii. Failure to interact courteously and tactfully with students to the point
that productivity or morale suffers.
iii. Committing any act of child abuse.
iv. Committing any act of cruelty to children or any act of child
endangerment.
v. Committing or soliciting any unlawful sexual act or sexual or other
unlawful or unwelcome harassment.
vi. Engaging in harassing behavior on the basis of race, gender, national
origin, religion or disability.
vii. Soliciting, encouraging, participating or initiating inappropriate
written, verbal, electronic, physical or romantic relationship with a
student.
viii. Examples of these acts may include but not be limited to:
• Sexual jokes
• Sexual remarks
• Sexual kidding or teasing
• Sexual innuendo
• Pressure for dates or sexual favors
• Inappropriate touching, fondling, kissing or grabbing
• Rape
• Threats of physical harm
• Sexual assault
• Electronic communication such as texting
• Invitation to social networking
• Remarks about a student’s body
• Consensual sex
• Employee/Colleague Relationships – An employee should always maintain a
professional relationship with colleagues, both in and outside the classroom or
workplace. Failure to comply with these conduct expectations may be grounds for
discipline and possible termination.
a. Unethical conduct includes, but is not limited to, the following:
i. Revealing confidential health or personnel information concerning
colleagues unless disclosure serves lawful professional purposes or is
required by law.
ii. Harming others by knowingly making false statements about a
colleague or the school system.
iii. Failure to interact courteously and tactfully with
supervisors/managers, co-workers, students, and vendors to the
point that productivity or morale suffers.
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iv. Unauthorized absence from work station during the workday.
v. Interfering with a colleague’s exercise of political, professional, or
citizenship rights and responsibilities.
vi. Committing or soliciting any unlawful sexual act or sexual or other
unlawful or unwelcome harassment.
vii. Discriminating against or coercing a colleague on the basis of race,
religion, national origin, age, sex, disability or family status.
viii. Using coercive means or promise of special treatment in order to
influence professional decisions of colleagues.
• Alcohol, Drug and Tobacco Use of Possession – An employee should refrain from
the use of alcohol and/or tobacco during the course of professional practice and
should never use illegal or unauthorized drugs.
a. Ethical conduct includes, but is not limited to, the following:
i. Factually representing the dangers of alcohol, tobacco and illegal drug
use and abuse to students during the course of professional practice.
b. Unethical conduct includes, but is not limited to, the following:
i. Working under the influence of, possessing, using, or consuming
illegal or unauthorized drugs including while on school premises or at
a school-related activity involving students.
ii. Possession, distribution, sale, transfer, or use of alcohol or illegal
drugs in the workplace, while on duty, or while operating school-
owned vehicles or equipment.
• Public Funds and Property – An employee shall not knowingly misappropriate,
divert, or use funds, personnel, property, or equipment committed to his or her
charge for personal gain or advantage.
a. Ethical conduct includes, but is not limited to, the following:
i. Maximizing the positive effect of school funds through judicious use
of said funds.
ii. Modeling for students and colleagues the responsible use of public
property.
b. Unethical conduct includes, but is not limited to, the following:
i. Knowingly misappropriating, diverting or using funds, personnel,
property or equipment committed to his or her charge for personal
gain.
ii. Failing to account for funds collected from students, parents or any
school-related function.
iii. Submitting fraudulent requests for reimbursement of expenses or for
pay.
iv. Co-mingling public or school-related funds with personal funds or
checking accounts.
v. Using school property without the approval of the DeSoto County
Schools Board of Education.
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vi. Unauthorized use of telephones, mail system, or other DeSoto
County Schools equipment.
• Remunerative Conduct – An employee should maintain integrity with students,
colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors,
and additional compensation.
a. Ethical conduct includes, but is not limited to, the following:
i. Insuring that institutional privileges are not used for personal gain.
ii. Insuring that school policies or procedures are not impacted by gifts
or gratuities from any person or organization.
b. Unethical conduct includes, but is not limited to, the following:
i. Soliciting students or parents of students to purchase equipment,
supplies, or services from the employee or to participate in activities
that financially benefit the employee unless approved by the DCS
Board of Education.
ii. Tutoring students assigned to the educator for remuneration unless
approved by the DCS Board of Education.
iii. The employee shall neither accept nor offer gratuities, gifts, or favors
that impair professional judgment or to obtain special advantages.
(This standard shall not restrict the acceptance of gifts or tokens offered and
accepted openly from students, parents, or other persons or organizations in
recognition or appreciation of service).
• Maintenance of Confidentiality – An employee shall comply with state and federal
laws and DeSoto County School Board policies relating to confidentiality of student
and personnel records, standardized test material, and other information covered by
confidentiality agreements.
a. Ethical conduct includes, but is not limited to, the following:
i. Keeping in confidence information about students that has been
obtained in the course of professional service unless disclosure serves
a legitimate purpose or is required by law.
ii. Maintaining diligently the security of standardized test supplies and
resources.
b. Unethical conduct includes, but is not limited to, the following:
i. Sharing confidential information concerning student academic and
disciplinary records, health and medical information, family status or
income and assessment/testing results unless disclosure is required or
permitted by law.
ii. Violating confidentiality agreements related to standardized testing
including copying or teaching identified test items, publishing or
distributing test items or answers, discussing test items, and violating
DeSoto County School Board of Education or Mississippi
Department of Education directions for the use of tests.
iii. Violating other confidentiality agreements required by the DCS
Board of Education or Mississippi Department of Education policy.
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• Breach of Contract of Abandonment of Employment – An employee should fulfill
all of the terms and obligations detailed in the contract with the DeSoto County
School District for the duration of the contract.
a. Unethical conduct includes, but is not limited to, the following:
i. Abandoning the contract for professional services without prior
release from the contract by the DCS Board of Education.
ii. Refusing to perform services required by the contract.
Licensed employees are subject to the provisions of the School Employment Procedures Act
and further can be suspended or terminated for specific, statutorily enumerated infractions
and other good causes. Classified employees serve at the will of the Superintendent or his
designee and may be terminated at any time, with or without cause, and without advance
notice. Classified employees are not entitled to a hearing.
EMPLOYEE CONDUCT WITH STUDENTS
All DeSoto County Schools (DCS) employees shall exhibit ethical and professional
behaviors at all times, and administer fair and impartial application of all policies, rules,
regulations, and guidelines set forth by the Board in relation to all students. All employees
shall maintain a clear supervisory relationship with students at all times.
Fraternization between employees and students on a personal level either on campus or off
campus shall not be permitted.
Employees shall not inappropriately associate with students at any time in any manner which
may give the appearance of impropriety, including, but not limited to, the creation or
participation in any situation or activity which could be considered abusive or sexually
suggestive or which involves illegal substances such as drugs, alcohol, or tobacco. Any sexual
or other inappropriate conduct with a student by any employee will subject the offender to
potential criminal liability and discipline up to and including termination of employment.
Fraternization via the internet between employees and/or students is strictly prohibited and
violation of this policy may result in disciplinary action, up to and including termination.
Employees are subject to discipline for any inappropriate statements made pursuant to their
official duties. Employees are also subject to discipline for any inappropriate statements not
made as part of their official duties, unless said statement touches on a matter of public
concern and does not disrupt the school environment or the employee’s ability to perform
his or her duties.
CONDUCT REGARDING ELECTRONIC COMMUNICATION
DeSoto County Schools (DCS) employees are required to exhibit ethical and professional
behavior at all times. Ethical and professional behavior requires that DCS employees show
consideration and respect whenever using computers or electronic
communication/technology/devices/resources. DeSoto County Schools (DCS) employees
shall not:
• Communicate with other employees, students, and/or parents/guardians, with
comments or content that would not be acceptable in a face-to-face communication;
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• Engage in conduct and/or make comments, whether on duty or off duty, that
disrupts the school environment, that impede the employee’s ability to perform his
or her duties, or that reflect poorly on his/her character or the character of others;
• Disclose, use, or disseminate a student’s educational information or another
employee’s privileged or private information:
• Use telephone calls, emails, text messages, Twitter, social networking websites, or
any other electronic communication to communicate with students, except regarding
school matters;
• Post on any sites, including social networking sites such as Facebook or MySpace or
any similar site, any data, documents, photos or information which, at the discretion
of the Superintendent, reflects poorly on the employee’s character or the character of
others, or that might interfere with the employee’s ability to perform his/her duties
or that might result in a disruption of classroom activity and/or the educational
environment;
• Invite or accept current DCS students into any personal social networking sites. An
exception to this rule is made regarding any relatives of the employee;
• Provide social networking website passwords to students under any circumstances;
• Use social networking sites for personal use during school hours.
Social networking websites are not confidential, and DCS employees are subject to discipline
for any information placed on a social networking site which violates this policy. Disciplinary
action, up to and including termination, may be taken against employees whose off-site
communication causes disruption to the education environment, disrupts an employee’s
ability to perform his/her job, or invades the privacy of students or DCS employees.
Nothing in this policy prohibits employees or students from the use of educational sites.
CONDUCT REGARDING CONFIDENTIAL INFORMATION
During the course of employment, employees will have access to confidential information.
Confidential information may include, but is not limited to, compensation information,
student information, financial information, and other related confidential information. This
information is critical to the success of the District and must not be divulged. Employees
must not discuss confidential matters or release confidential information to any outside
party.
Unauthorized picture taking, voice recording, or video recording (includes inappropriate use
of picture cell phones) of conversations or District material at work are prohibited.
Employees who improperly utilize or disclose District or confidential information may be
subject to disciplinary action, up to and including termination. Breach in confidentiality
could result in disciplinary action including termination.
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IV. ADMINISTRATIVE PROCESS
NEW EMPLOYEE ORIENTATION
All new employees will be advised by their principal or supervisor when to contact the
Employee Services Department to schedule his/her orientation appointment. At that time
benefits will be explained and assistance will be given with the completion of necessary
forms and background checks. New employees will not be able to begin their first day of
employment until all paperwork has been processed by the Employee Services Department
and the background check has been completed. It shall be the responsibility of the
principal/supervisor to reinforce the policies and procedures referred to in this handbook to
persons they employ.
The orientation of new teachers in the DeSoto County School District is a responsibility of
the Curriculum Office and/or the school where the teacher will be teaching. The
Curriculum Office will provide an instructional orientation to the school district,
instructional policies and procedures. Additional orientation will be provided at the school
level by the principal or his/her designee.
NEW EMPLOYEE MENTORING
The DeSoto County School District has developed a mentoring program for new teachers as
a part of its induction program. Each new teacher is assigned a mentor(s).
REEMPLOYMENT
Former employees with good records are eligible for rehire and consideration will be given
to rehiring such applicants. A former employee who is rehired begins as any other new
employee with respect to benefits (sick leave, vacation, and personal leave).
Employees who have been terminated by DCS may not be eligible for rehire.
REEMPLOYMENT OF PRINCIPALS
On or before March 1
st
of each year, principals shall be given notice of non-renewal of a
contract for a successive year.
REEMPLOYMENT OF TEACHERS
On or before April 15
th
, or within ten (10) days after the Governor approves the
appropriation bill for funding K-12 education (whichever date is later), teachers and other
administrators shall be notified of non-renewal for a successive year.
REEMPLOYMENT DENIAL
If a recommendation is made by the DeSoto County School District not to offer a renewal
contract for a successive year, the employee is entitled to an opportunity for a hearing [if
requested in writing within ten (10) days of notice] as cited in the “Education Employment
Procedures Law”. (MS Code § 37-9-101 through MS Code § 37-9-113)
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EXCLUDED EMPLOYEES
Employees who have not been with the DeSoto County School District for two (2)
continuous years, or one (1) year with the DeSoto County School District and two (2)
continuous years of employment in a Mississippi public school district are not entitled to the
protections of this law.
References: MS Code § 37-9-101 (2001)
MS Code § 37-9-105 (2006)
MS Code § 37-9-109 (2001)
MSBA: Education Employment Procedures Law Handbook
EMPLOYEE PERSONNEL FILES
All personnel files are confidential and maintained by the Employee Services Department in
accordance with state and federal regulations. Forms pertaining to hiring, performance
reviews, counseling statements, and termination should be included in these files.
Supervisors are responsible for documenting any interaction related to current employees
and forwarding such information to the Employee Services Department for filing in the
employees’ personnel file.
Each employee is responsible for promptly notifying the Employee Services Department of
any changes in personal data. Personal mailing addresses, telephone numbers, number and
names of dependents, individuals to be contacted in the event of emergency, educational
accomplishments and other such status reports should be accurate and current at all times.
Personnel files are the property of DCS and access to the information they contain is
restricted. Generally, only supervisors and DCS management personnel who have a
legitimate reason to review information in a file are allowed to do so. Employees who wish
to review their own file should contact the Employee Services Department. With a
reasonable seven (7) day advance notice, employees may review their own personnel file in
DCS offices and in the presence of an authorized Employee Services Department or DCS
representative. Confidential files are not permitted to leave the Employee Services
Department area.
Certified Personnel (Teacher) Request for Transfer
• Any teacher desiring a transfer shall first make a request in writing to the Associate
Superintendent for Personnel, stating the specific reason(s) for the request. The
teacher shall send copies of the request to his/her principal and to the principal(s) of
the requested school(s).
• The request shall in no way prejudicially affect the teacher seeking the transfer.
• A move must not put undue burden on the school district and both principals
should concur on the change. When a school opens with a new or different school
area, both principals do not have to concur. The principal of the new school, and
the superintendent or his designee may approve the transfers and present the
request(s) to the Board of Education.
• The principal of the school to which the teacher wishes to transfer shall evaluate the
potential of said teacher.
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• If the principal in the receiving school desires the transfer, he/she shall give written
notice to the Superintendent.
• The Superintendent shall simultaneously notify all parties concerned of the action
taken.
• Transfers should be requested and approved prior to July 1
st
.
• The District may transfer personnel to an area in which a valid license is held
whenever necessary to best serve the students in the DeSoto County Schools.
Classified Personnel Request for Transfer
• Any classified person desiring a transfer shall first make a request in writing to the
Associate Superintendent for Personnel, stating the reason(s) for the request. The
employee shall send copies of the request to his/her principal or supervisor and the
principal(s) of the requested school(s).
• The request shall in no way prejudicially affect the employee seeking transfer.
• A move must not put undue burden on the school district, and both principals
should concur on the change.
• The principal of the school to which the employee wished to transfer shall evaluate
the potential of said employee.
• If said principal desires the transfer, he/she shall give written notice to the
Superintendent who will present the request to the Board of Education for approval.
• The Superintendent shall simultaneously notify all parties concerned of the action
taken.
• Transfer requests shall be made and approved prior to July 15
th
.
• The District may transfer personnel whenever necessary to best serve the schools of
DeSoto County.
RENEWAL OF LICENSED EMPLOYEES
On or before April 1
st
of each year, the principal of each school shall recommend to the
superintendent of the school district the teachers and other professional educators to be
reemployed for the school involved.
NON-RENEWAL OF LICENSED EMPLOYEES
• In the event that a determination is made by DCS not to reemploy for a successive
year a licensed employee, written notice of non-renewal shall be given no later than:
o March 1
st
; if the employee is a principal, or
o April 15
th
or within ten (10) days after the date the appropriation bill for K-12
is approved by the Governor of the State of Mississippi; if the employee is a
teacher or other professional educator.
• A licensed employee employed by DCS for a continuous period of two (2) years with
DCS or a licensed employee who has completed a continuous period of two (2) years
in a Mississippi public school district and one (1) full year of employment with DCS
shall be entitled to a hearing and:
26
o Written notice of the reasons for non-reemployment, together with a
summary of the factual basis therefore, which notice shall be given at least
fourteen (14) days prior to any hearing;
o An opportunity for a hearing at which to present matters relevant to the
reasons given for the non-reemployment decision, including any reasons
alleged by the employee to be the reason for non-reemployment;
o Receive a fair and impartial hearing before the board or hearing officer;
o Be represented by legal counsel at his/her own expense.
• Licensed employees who do not have two (2) years of continuous employment with
DCS or have not completed two (2) years in Mississippi public school district and
one (1) full year of employment with DCS are not entitled to a hearing.
If the employee does not request a hearing, the decision of the board with regard to the
reemployment of the employee shall be final.
In the event an employee requests a hearing, it shall be held in accordance with Section 37-9-
111 of the Mississippi Code of 1972.
REDUCTION IN FORCE
If it should be necessary for the DeSoto County School District to reduce the number of
employees because of insufficient funds, decline in enrollment, or the elimination of subject,
programs and positions, the reductions shall be in accordance with the following procedure:
• When the school district finds it necessary to make reductions in personnel, any
employee shall be referred to the Superintendent or his designee by his/her
supervisor to:
o Be placed in a vacant position, if qualified for the position;
o Be notified that there is no position available which the employee is qualified
to fill and that the employee’s services shall not be needed for the
forthcoming year.
• Employees removed shall be declared surplus.
• Employee reduction shall be dictated by licensure, experience, curriculum or
program needs, accreditation requirements, quality of performance among other
factors at the discretion of the school district.
• If a surplus employee released by the school district is not reemployed during the
school year, the teacher shall notify the personnel office on or before April 1
st
as to
his/her availability for possible employment for the next year.
• Any employee declared surplus, and having been employed for as much as one year,
may preserve sick leave and personal leave if reemployed by October 1
st
of the same
calendar year.
The DeSoto County Board of Education shall follow all sections of the Mississippi Code
known as the “Education Employment Procedures Law of 2001” found in the MS Code §
37-9-101 through § 37-9-113
REF: MS Code as cited
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V. ATTENDANCE AT WORK
EMPLOYEE CLASSIFICATIONS
DeSoto County Schools classifies its employees as follows:
LICENSED EMPLOYEES
Each licensed employee’s work at DeSoto County School District is governed by a certain
number of contracted days. These days are established days set by the DCS School Board
for the operation of school. If a licensed employee chooses to come to the school building
to work on a Saturday or on a holiday when the school is closed or a day that is not counted
as one of the contracted days, that work is on that licensed employee’s own initiative. The
DCS School Board does not necessarily encourage extra time in the school building, but
does permit it in the event it is determined, through professional judgment, that the licensed
employee would like to do some work outside of the allotted contracted days. This time is
not compensable, even though the employee is instructed to clock in and clock out for
security/record-keeping purposes.
CLASSIFIED STAFF – NON-EXEMPT
Employees subject to the Fair Labor Standards Act shall be paid for all hours worked.
Compensable time includes all time that an employee is required to be on duty. The work
week for the DeSoto County School District begins on Sunday and ends on Saturday.
Employees are expected to work their full schedule each week and are to arrive and depart at
the time specified by their supervisor. If an employee cannot work his/her scheduled hours
each work week, the employee must apply for available leave, if applicable.
All classified, non-exempt staff shall “punch” a time clock (in and out) as to accurately
record their actual hours worked each day while in the employ of the DeSoto County School
District. The District uses a biometric punch system which requires the employee to key in
his/her employee ID number and to place his/her finger on a pad at the time clock. It shall
be the responsibility of each principal or department head of each school or department to
train and make certain that each employee becomes familiar enough with the time clock
system so that each such employee accurately and truly records his/her time for actual hours
worked. Missed punches are considered a violation of District policy.
Full-Time Employee
A full-time employee is an individual whose employment is for no definite term and who is
scheduled to work forty (40) hours per week on a regular basis. In order for an employee to
be eligible for insurance benefits, he/she must work a minimum of twenty (20) hours per
week.
Part-Time Employee
A part-time employee is an individual whose employment is for no definite term and who is
scheduled to work less than twenty (20) hours per week on a regular basis. Part-time
employees are not eligible for benefits.
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Temporary Employee
On occasion, DeSoto County Schools may utilize the services of employees to temporarily
supplement the workforce or help complete a specific project. Temporary employees are
not eligible for benefits. Temporary employees are not eligible for compensatory time.
Non-Exempt Employees
Employees who are required to document time worked are eligible for compensatory time
and/or overtime [i.e. comp or overtime are calculated one-half their regular rate of pay for
hours worked in excess of forty (40) hours in a work week] in accordance with applicable
state and federal law.
Exempt Employees
Teachers are expected to assume duties over and above their regular teaching
responsibilities. Activities and services may make minor demands on the teacher’s basic
assignment. Administrators will strive to equalize such duties among teachers. Employees
who are not required to be paid overtime, in accordance with applicable federal and state
wage and hour laws, for work performed beyond forty (40) hours in a work week.
Administrators, managers, teachers, professional employees, and certain employees in
administrative positions are exempt.
TIMEKEEPING AND ATTENDANCE
Accurately recording time worked is the responsibility of every employee. Federal and state
laws require the District to keep an accurate record of time worked. Time worked is all the
time actually spent on the job performing assigned duties.
All employees are required to clock in at the beginning of their workday. Non-exempt
employees are required to clock out when they take their lunch break and clock back in once
the break is completed, as well as clock out at the end of each day. For record keeping
purposes, exempt employees are required to clock out if they are leaving before the end of
their scheduled workday.
Employees are encouraged to review their time and their accrual balances shown on the time
clock. If employees have questions regarding their time or accrual balance, he/she should
speak with the Timekeeper for their location. Employees should also speak with the
Timekeeper if corrections or modifications need to be made to the time record.
Employees are expected to be prompt and consistent in attendance. Personal appointments
should be scheduled after normal workday hours, whenever possible. Schedules differ
within the District according to job position, classification, and various business needs.
Your supervisor will have discussed your regular working hours with you prior to your first
day of employment. Schedules are subject to change and all employees are responsible for
checking the schedule on a regular basis.
As soon as an employee knows that he or she will be absent or late to work, the employee
must notify his or her primary supervisor to report the absence or tardiness within half an
hour of the scheduled starting time. Failure to promptly report the absence will result in an
unexcused absence. If the employee anticipates that he or she will require an extended
29
period of time off, he or she must communicate to the supervisor how many days expected
to be off. Unexcused or excessive absences or tardiness may result in disciplinary action, up
to and including termination.
Teachers are required to notify the principal or his/her designee when he or she will be
absent or late to work. In the event of an absence, teachers are required to notify Kelly
Services in a timely manner through their online system. Kelly Services will then supply
DCS with a qualified substitute teacher to fill in for the teacher during his or her absence.
Teachers will be provided with an ID number to access this system.
Exempt employees are expected to be professionally responsible and work their regularly
scheduled hours plus any other hours required to satisfactorily complete their assigned
responsibilities. Non-exempt employees will not be paid for time not worked. Therefore,
arriving to work late, leaving work early, or any absence that is not taken as vacation, sick
leave, or personal will be without pay.
Any employee who fails to report to work without notice for two consecutive days will be
considered to have voluntarily terminated employment, effective at 5:00 p.m. on the second
day of unreported absence.
Job positions will not be held for employees who have unpaid, unprotected leave of
absences. These employees will be considered for reemployment and may reapply through
the application process once they are able to return to the District.
ATTENDANCE EXPECTATIONS
Employees are expected to maintain an acceptable attendance record by reporting to work as
scheduled and remaining at work until the end of the workday. Employees are expected to
follow established departmental procedures for reporting absence, tardiness or early
departure from work, requesting paid and unpaid time off, and returning to work upon
authorization after an approved leave of absence.
For the purpose of determining tardiness, an employee is tardy if he/she reports for work
any time after the designated start of the scheduled workday. In general, road construction,
traffic congestions, personal issues, and “normal” weather conditions are not acceptable
reasons for tardiness.
An employee’s attendance record may be considered unacceptable under the following
circumstances:
• a pattern of absence(s), tardiness or early departures that adversely impacts District
operations and/or the employee’s overall performance, as determined by the
employee’s immediate supervisor;
• the employee has a history of not following established procedures for reporting
absence(s);
• an employee has exceeded his/her paid time off balance and continues to be absent
without Board approval resulting in a loss of compensation;
• the employee has a history of absences suggesting the employee is using sick leave
for purposes not allowed.
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An immediate supervisor may consider an employee’s attendance record as a contributing
factor in rating of an employee’s overall job performance. An employee may be subject to
disciplinary action when the immediate supervisor has determined that the attendance record
is unacceptable as described in this policy.
Lunch and Break Periods
Lunch schedules are determined by the employee’s work location and schedule.
COMPENSATORY TIME (Full Time Non-Exempt Employees)
Compensatory time may be accrued by full time non-exempt employees for the first one
hundred sixty (160) hours of overtime that they are required to work. The requirement of
the employee to work over forty (40) hours in any week must be given by the employee’s
immediate supervisor in advance of said hours and documented in writing. At the school
level, it must be approved by the principal. A work week is defined as Sunday through
Saturday.
Compensatory time shall be used by the employees prior to the use of any other paid leave
to which he/she is entitled until the exhaustion of compensatory time causes a loss of paid
time of fourteen (14) minutes or less at which time other appropriate accruals may be used.
An employee shall use compensatory time within twelve (12) months from which the time
was earned, after which any unused compensatory time will expire. These hours are
redeemed at the rate of one and one-half (1 ½) hours for each hour accrued in excess of
forty (40) hours in a week. Hours shall be redeemed at the rate of one (1) hour accrued for
time worked on a scheduled non-work day and/or a designated holiday during a week of less
than forty (40) hours.
If an employee has unused compensatory time at the time employment is terminated (for
any reason), the employee must be paid for the time at the higher of:
• the average regular rate for the past three (3) years
• the current regular rate
Employees may not be required, or allowed, to work over one hundred sixty (160) hours of
overtime in any fiscal year.
CERTIFIED AND CLASSIFIED EXEMPT
Employees are expected to work their full schedule each week and are to arrive and depart at
the time specified by their supervisor. If an employee cannot work his/her schedule each
work week, the employee must apply for available leave, if applicable. Certified instructional
staff may accumulate a total of ten (10) late arrivals, early departures, as well as leaving and
returning to campus during scheduled work hours for thirty (30) minutes or less prior to
applicable accruals or pay being reduced. The work week for the DeSoto County School
District begins on Sunday and ends on Saturday.
All certified/classified exempt staff shall be required to “punch in” a time clock to record
attendance. It is the supervisor’s decision to require an exempt employee to “punch out”
unless the employee cannot complete his/her scheduled day. The employee is then required
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to “punch out.” The District uses a biometric punch system which requires the employee to
key in his/her employee ID number and to place his/her finger on a pad at the time clock.
It shall be the responsibility of each principal or department head of each school or
department to train and make certain that each employee becomes familiar enough with the
time clock system so that each such employee accurately and truly records his/her time for
actual hours worked. Missed punches are considered a violation of District policy.
ALL EMPLOYEES
All employees shall follow established District and/or departmental procedures for reporting
an absence, requesting paid time off, leaves of absence, and returning to work after an
approved leave of absence.
Administrators/Principals shall ensure that the same attendance standard is applied to every
employee in the school and/or department.
An employee’s attendance record may be considered unacceptable under the following
circumstances:
• a pattern of absence(s), tardiness or early departures that adversely impacts District
operations and/or the employee’s overall performance, as determined by the
employee’s immediate supervisor;
• the employee has a history of not following established procedures for reporting
absence(s);
• an employee has exceeded his/her paid time off balance and continues to be absent
without Board approval resulting in a loss of compensation;
• the employee has a history of absences suggesting the employee is using sick leave
for purposes not allowed.
An immediate supervisor may consider an employee’s attendance record as a contributing
factor in rating of an employee’s overall job performance. An employee may be subject to
disciplinary action when the immediate supervisor has determined that the attendance record
is unacceptable as described in this policy.
AUTOMATION TIMEKEEPING SYSTEM
• There is a seven-minute rounding rule on the punch in and out punch for the day.
• There is no rounding off for the lunch break.
• Exempt employees are required to punch in.
• It is the supervisor’s decision to require an exempt employee to punch out.
• Exempt employees will punch out if they leave early.
• Hourly employees are required to punch in/out including a lunch break. (Employees
must not eat lunch at their desk once they have punched out.)
• All leave (sick, personal, and etc.) will be converted from days to hours.
• The first increment of leave must be a minimum of fifteen (15) minutes.
• An exempt administrative employee can take leave in four-hour increments or eight-
hour increments.
• A certified instructional employee can take leave for time not worked.
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Altering, falsifying, tampering with time records, or recording time on another employee’s
time record may result in disciplinary action, up to and including termination of
employment. Any deviation to an employee’s schedule will need to be documented on the
appropriate form. It is the employee’s responsibility to verify the accuracy of all time
recorded at the end of each week.
Each location will be subject to an internal audit to ensure that proper documentation on the
timecards is kept on file. All compensated time must be pre-approved in writing.
INCLEMENT WEATHER
SCHOOL CANCELLATION: Twelve-Month Exempt Employees
In the event school is cancelled due to inclement weather, exempt employees who are on a
full year schedule are expected to report to work. If an employee opts not to report to work
on a day that schools are cancelled for this reason, the employee may designate any leave
available which includes sick leave, personal leave or vacation leave. If the day that is used
to make up the day missed is not a scheduled work day for the employees, exempt
employees will be credited with a “vacation” day once the scheduled make-up day has
occurred. In the event an employee exceeds the maximum fifteen (15) days of vacation time
allowed, the additional vacation day(s) will be converted to an “A” sick leave day(s) and
credited to him/her. If an exempt employee chooses not to work on the scheduled make-up
day, he/she can designate any applicable leave which includes personal leave or vacation
leave for the absence.
SCHOOL CANCELLATION: Twelve-Month Non-Exempt Employees
In the event school is cancelled due to inclement weather, non-exempt employees who are
on a full year schedule are expected to report to work. If an employee opts not to report to
work on a day that schools are cancelled for this reason, the employee may choose to use
sick leave, personal leave, vacation leave, compensatory time, and/or opt to not be paid for
the absence. Compensatory time shall be utilized prior to other types of leave taken.
If the day that is used to make up the day missed is not a scheduled work day for the
employees and non-exempt employees are required to work, non-exempt employees will
receive their usual hourly pay for the hours worked and/or compensatory time if applicable.
If a non-exempt employee opts not to work on the scheduled make-up day of which they are
required to work, the employee can designate any applicable leave available which includes
personal leave, vacation leave and/or compensatory time for the absence. Compensatory
time shall be utilized prior to other types of leave taken.
SCHOOL CANCELLATION: Other Exempt and Non-Exempt Employees
This section would include the 187, 190, 200, 205, 210 and 215-day employees. In the event
school is cancelled due to inclement weather, these employees would not report to work.
The missed day would be made-up at the end of the school year or as designated by the
office of the superintendent.
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EARLY DISMISSAL, LATE START AND 60% DAYS:
Early dismissal, late start, and 60% days applies only to students. Staff members are
required to work their normal daily schedule any day that they work.
On days of early dismissal it is extremely important that the teachers remain until
substantially all students have left campus. Hourly employees must work 8 hours to be paid
for 8 hours. If they are allowed to leave and choose to do so, they may use any leave
available to make up the time or they may choose leave without pay. All employees, both
exempt and non-exempt, leaving before their scheduled departure time must clock out.
On days when a decision is made to delay the start of school, all employees (both exempt
and non-exempt) are still required to report to work at their regularly scheduled time. If an
employee feels that weather may result in a delayed start they are encouraged to plan to be
ready to leave early enough to drive safely and still arrive on time. Should an employee be
unable to report on a day that daily activities carry on as planned; they may take personal
leave or leave without pay. Any employee who cannot report on time must notify the school
prior to scheduled arrival. At the principal’s discretion teachers may be required to report at
a time that would result in their being assessed at least a half day of personal leave.
The work schedule for 60% days is their normal daily schedule. Hourly employees can only
be paid for hours worked, and they must clock out when they go to lunch and in when they
return.
VI. WORKPLACE PROFESSIONALISM AND
REPRESENTATION
Personal Appearance and Demeanor
Employees are expected to reflect favorably on DCS through their demonstrated personal
integrity, job demeanor and personal appearance, including their community relations and
the avoidance of behavior which is offensive, or infringes on the rights of others.
All employees are expected to be neat and well-groomed at all times while at work.
Immodest clothing is considered inappropriate attire and should not be worn. Supervisors
reserve the right to make determinations as to the appropriateness of employee appearance
and will do so in a non-discriminatory manner. Supervisors may ask an inappropriately
dressed employee to leave work and return with proper attire. Violation of this policy may
subject an employee to discipline, up to and including termination.
Smoking
DCS promotes a smoke-free environment. In accordance with School Board Policy,
smoking and all other uses of tobacco by District employees, students and visitors in schools
buildings, on school grounds and property, and on or in District buildings and vehicles,
including school buses, shall be prohibited at all times.
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Substance Use and Abuse
It is the District’s intention to maintain a drug free work environment that is safe for all
employees. Whenever use or abuse of controlled substances (such as alcohol and illegal
drugs) interferes with the workplace, appropriate action may be taken, including testing or
discipline (up to and including termination) when warranted. School officials will cooperate
fully with law enforcement in prosecution of drug violations occurring in the workplace.
“Workplace” is defined as the site for the performance of work done including a school
building or other school premises; any school-owned vehicle or any other school-approved
vehicle used to transport students to and from school or school activities; off-school
property during any school-sponsored or school-approved activity, event, or function, such
as a field trip or athletic event, where students are under the jurisdiction of the school
district.
As a condition of employment, each employee shall abide by the terms of the school district
policy respecting a drug-free workplace and shall report to work without any alcohol or
illegal substances in their systems.
The following is prohibited and are grounds for discipline including termination of
employment:
• The unlawful manufacture, distribution, dispensation, possession, or use of any
intoxicating beverage, intoxicant, illegal drug or controlled substance on DCS
premises or while conducting District-related activities off DCS premises.
• Reporting for work or remaining on duty while under the influence of any
intoxicating beverage or intoxicant; having any illegal drug or controlled substance at
any detectable amount in your system.
• It is a violation of the District policy for any employee to use prescription drugs
illegally, i.e., to use prescription drugs that have not been legally obtained or for a
purpose other than as prescribed. However, nothing in this policy precludes the
appropriate use of legally prescribed medications.
• Storage or transportation of any intoxicating beverages, intoxicants, illegal drugs, or
controlled substances on DCS property is prohibited.
The above prohibitions do not include drugs taken according to a verifiable prescription and
taken under the direction of a licensed physician. However, an employee who is taking
prescription drugs or other medication, which may affect his or her work safety or the safety
of others, must notify his or her supervisor before beginning work. Failure to report such
medication may subject the employee to disciplinary action, up to and including termination.
It is a condition of continued employment that employees shall comply with the school
board policy regarding a drug-free workplace and shall notify their supervisor of any
conviction involving a controlled substance in the workplace no later than five (5) days after
such conviction. In addition, an employee aware of a fellow employee’s on-the-job drug use
is required to notify the administrative office in charge of the drug user.
DCS reserves the right to require drug/alcohol screens as a condition of continued
employment if reasonable suspicion exists that an employee’s work performance or safety is
impaired by the use of drugs or alcohol. Specifically, authorized DCS representatives or
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agents may: 1) require employees to submit to testing for intoxicants as a condition of
continued employment, and/or 2) conduct searches of personal effects, vehicles, lockers,
desks and rooms for intoxicants and related paraphernalia as a condition of continued
employment. Items discovered through such search may be turned over to law enforcement
authorities.
Reasonable suspicion for believing an employee is under the influence or impaired by the
use of an intoxicant includes, but is not limited to: abnormal conduct, appearance, behavior,
speech or odor; detection of a prohibited substance in the area where an employee has been
working; an unexplained decline in work performance or attendance; or a workplace accident
or safety violation.
Additionally, drug testing shall be conducted in conjunction with any medical treatment
required as a result of an on-the-job injury.
Workplace Violence
DCS desires to maintain a work environment which is safe and secure in nature. Threats,
threatening behavior, or any acts of violence against employees, students or other individuals
on the premises will not be tolerated and may lead to disciplinary action, up to and including
immediate termination, and/or criminal prosecution.
Any person who engages in violent behavior, such as making substantial threats, or
intentionally hitting, kicking, or striking a person or property on DCS premises may be
removed by administration from the premises as quickly as safety permits, and is to remain
off DCS premises pending the outcome of an investigation.
Additionally, the District policy prohibits firearms or weapons of any type on the premises.
The DCS Board of Education recognizes the possession of pistols, firearms or other
weapons on school premises or at school functions by persons other than duly authorized
law enforcement officials creates an unreasonable and unwarranted risk of injury or death to
District employees, students, visitors or guest. Because of such dangers, the Board hereby
prohibits the possession of pistols, firearms, or weapons in any form by any person other
than duly authorized law enforcement officials on school premises or at school functions,
regardless of whether any such person possesses a valid permit to carry weapons, previously
mentioned (DCS Board of Education Policy: EBC). Possession of a firearm or weapon while
on the premises will be handled with appropriate disciplinary action up to and including
termination of employment.
All employees will fully cooperate with DCS Administration and with law enforcement
agencies to eliminate workplace violence risks.
All DCS personnel are responsible for immediately notifying their supervisor, principal,
Associate Superintendent of Personnel or the Director of Employee Services of any threats,
threatening behavior or acts of violence, which they have witnessed, received or have been
told that another person has witnessed or received. Even without an actual threat, personnel
should also report any behavior they have witnessed which they regard as threatening or
violent when that behavior is employment or job-related or might be carried out on DCS
premises. The supervisor or principal who receives the report is responsible for informing
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the Director of Employee Services so proper documentation of the incident can be
gathered.
All individuals who apply for or obtain a protective or restraining order which lists DCS
locations as being protected areas must provide to the Director of Employee Services as well
as the immediate supervisor, a copy of any temporary protective or restraining order which is
granted, and a copy of any protective restraining order which is made permanent. DCS
understands the sensitivity of such information and will follow confidentiality procedures,
which recognize and respect the privacy of the reporting employee(s).
Safety
DCS is concerned with the safety of all its employees, students and guests. All employees
must observe and abide by safety standards and be safety conscious at all times. It is policy
of DCS that every employee is entitled to work under the safest possible conditions. Every
reasonable effort will be made to provide and maintain a safe and healthy work place, safe
equipment, proper materials, and to establish and insist upon safe methods and work
practices at all times.
DCS has developed a workplace safety program. The Associate Superintendent for Finance
and Operations at the central administrative office and the principals at each school building
level have the primary responsibility for implementing, administering, monitoring, and
evaluating the safety program. However, its success depends on the alertness and personal
commitment of everyone in the school district. Ideas or suggestions for improving
workplace safety are encouraged by school officials.
Employees are responsible for immediately reporting all accidents and injuries to his or her
primary supervisor, regardless of how minor the occurrences may seem at the time.
Retaliation will not be permitted against any employee who reports a workplace hazard or
injury.
In addition, any unsafe condition or practice an employee observes should be reported to
their supervisor.
To prevent accidents or injuries, the following safety standards should be followed:
• All heavy objects should be lifted or moved by personnel trained in the use of the
proper equipment and techniques for these tasks.
• Keep classrooms, work areas and floors free from clutter and spills.
• Do not obstruct doorways, hallways, or stairways in any manner.
• Know the location of the fire extinguishers and emergency exits in the building.
Do not work while under the influence of alcohol or drugs. If reasonable suspicion
of drug or alcohol use exists and is witnessed, the employee will be immediately
escorted from the work premises.
• Do not engage in horseplay. Practical jokes and horseplay can lead to accidents
and are not considered appropriate on-the-job behavior.
• Use tools and equipment only if you have been properly trained in their use and only
for the intended purpose of their use.
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• Use of hazardous sprays or liquids should be only used in well-ventilated areas by
personnel trained in their proper use.
Communicable Diseases - Employees
The DeSoto County District Board of Education may require any teacher, supervisor, janitor
or other employee of the school to submit to a thorough physical examination, deemed
advisable to determine whether he has any infectious or communicable disease.
REF: MS Code § 37-11-17 (1) (1987)
Asbestos Management Plan
The DeSoto County School District has Asbestos Management Plans for each school.
These plans may be reviewed at the DeSoto County Schools District Office at 5 East South
Street in Hernando, Mississippi, by contacting the Director of Maintenance at (662) 449-
7117.
All schools built since 1990 are asbestos free. These schools include: Hernando High,
Hernando Middle, Hernando Hills Elementary, Shadow Oaks Elementary, Horn Lake High,
Horn Lake Intermediate, Southaven Intermediate, Southaven High, DeSoto Central High,
DeSoto Central Middle, DeSoto Central Elementary, DeSoto Central Primary, Pleasant Hill
Elementary, Olive Branch High, Center Hill Elementary, Center Hill High, Center Hill
Middle, Overpark Elementary, Lewisburg High, Lewisburg Middle, Lewisburg Elementary,
Lewisburg Primary, Lake Cormorant Elementary, Lake Cormorant Middle, Lake Cormorant
High, and Chickasaw Elementary.
Universal Precautions Statement
Universal precautions are work practices that help prevent contact with blood and certain
other body fluids. Universal precautions are a person’s best protection against AIDS,
Hepatitis B, and other infectious diseases. To help prevent the spread of diseases
communicated by body secretions, the following precautions are recommended:
• Wear disposable plastic or rubber gloves when in contact with body secretions and
do not reuse the disposable gloves.
• Wash hands after contact with children with open wounds or who have body
secretions of any kind. Use disposable paper towels. Encourage children to wash
their hands after bathroom use or if they have any other body fluids on their hands.
• To clean up body fluids, always use an approved disinfectant. Clean work surfaces
any time they become contaminated with blood or other body fluids.
• Do not eat or drink in work areas where blood or other body fluids may be present.
• Do not handle contact lenses or apply lip balm/cosmetics in these areas.
• Ask questions when in doubt, and always follow safety procedures.
ANTI-RETALIATION PROCEDURE
DCS prohibits retaliation against any individual engaged in a protected activity. Protected
activities include making an honestly believed complaint of sexual or other forms of
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harassment; participating as a witness or otherwise in a harassment investigation; or
requesting accommodations based on religion or disability. Thus, employees can raise
concerns, make reports, request accommodations, and participate in investigations without
fear of reprisal.
Retaliation conduct is seen as an adverse action that could dissuade a reasonable worker
from making or supporting a charge of discrimination. This includes actions such as
termination, demotion, refusal to promote, threats, unjustified negative evaluations,
unjustified negative references or increased surveillance.
Retaliation will not be tolerated and will be cause for discipline. If you believe that you are
being retaliated against, or if you believe that your employment is being affected by such
conduct directed at someone else, you should immediately discuss your concerns with your
principal or immediate supervisor. This information will be posted at each worksite for
employees to view.
CONFLICT OF INTEREST
An employee of the DeSoto County School District shall not have a financial interest,
directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict
with duties and responsibilities in the school district. No staff member shall engage in any
type of private business during school time and on school property.
Employees shall not engage in work of any type where the source of information concerning
customer, client, or employer originates from any information obtained through the school
district. No gifts from any person or group desiring or doing business with the school
district shall be solicited by a school employee except for normally valued instructional
products or advertising items that are widely distributed.
TUTORING STUDENTS FOR PAY
To assure all students reasonable assistance without charge from their own teachers and to
avoid placing a teacher in a position where he/she may have a conflict of interest, teachers
shall receive no money for tutoring any student they have in class or upon whose evaluation
or assignment they will be called upon to make. Furthermore, no tutoring for which a
teacher receives a fee will be carried on in the school building.
No teacher shall use his/her official position to obtain pecuniary benefit for himself/herself
other than that compensation provided by law, or to obtain pecuniary benefit for any relative
or any business with which he/she is associated.
OUTSIDE EMPLOYMENT
Employees choosing to work outside DCS may do so as long as it does not create a conflict
of interest or interfere with their work schedule or job performance. Outside employment
that affects an employee's attendance, work performance, productivity, or conduct, either
directly or indirectly, or that creates a conflict of interest of any kind, is strictly prohibited.
If employees choose to seek outside employment, they first must discuss this matter with
their principal or primary supervisor and receive approval of their plans. Schedules will not
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be adjusted and special considerations will not be made for employees who have outside
employment.
Employees must not seek employment that would be an embarrassment or bring reproach
to the employee or the school district.
SCHOOL EMPLOYEE FUNDRAISING
Employees of the DeSoto County School District may not undertake to sell products or
engage in any fundraising activities without the permission of their principal or department
head. This restriction applies to both the certified and the classified staff.
PARTICIPATION IN COMMUNITY ACTIVITIES
The DeSoto County Board of Education encourages the staff from each school to interact
regularly with the community at large. Specifically, interaction with city, county and state-
wide governmental entities, civic groups, service organizations and clubs, churches and
parents relative to building and maintaining good community relationships and support. To
that end, the DeSoto County Board of Education encourages administrators to participate in
civic clubs and service organizations to promote the school system as the heart of the
community and to maintain outstanding community support.
This policy is in support of Standard 18 which follows:
There is an organized system to encourage community involvement, parental
communication, and business partnerships in school district decision making.
{MS Code 37-7-337}
POLITICAL ACTIVITY OF STAFF MEMBERS
The Board recognizes the right of its employees, as citizens, to engage in political activity.
The Board also recognizes that school property and school time should not be used for
political purposes except as provided for in policies pertaining to the use of school buildings
by civic and political organizations.
Nothing in this policy should be interpreted as prohibiting employees from conducting
appropriate activities which encourage students to become involved in the political processes
of the party of the student’s choice or as independents, nor does it prohibit the use of
political figures as resource persons in the classroom.
DEFINITION
“School Time” shall be defined as the time an employee is required to be on school grounds
including the time before school begins, the time after school is dismissed and any school-
sponsored event, including extra-curricular activities.
CANDIDACY FOR POLITICAL OFFICE
Any employee who intends to campaign for an elective public office shall notify the school
board in writing at the earliest possible moment of the office which he intends to seek,
together with his decision as to whether he wishes to continue his employment and under
what terms and conditions. The essential element to be determined by the Board is whether
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the activities proposed by the employee are compatible with the time requirements for
fulfilling his responsibilities to the District. The Board shall not require an employee seeking
public office to resign or take a leave of absence.
GENERAL GUIDELINES
All employees shall be encouraged to exercise their constitutional rights as citizens, but they
shall not involve their schools in political campaigns.
Campaign literature supporting one or more candidates shall not be distributed within the
schools or on school buses by pupils, teachers, or others, nor shall campaign posters be
displayed on school-owned property. (Customary community political activities, however,
may be expected on election days at schools when schools are used as polling places.)
Employees shall not poll their pupils to determine how their parents are voting on any issue,
and shall not attempt to indoctrinate pupils with personal political and social philosophy;
however, employees are not prohibited from political activity after hours of official
employment.
SPECIFIC PROHIBITIONS
Activities specifically prohibited during school time include, but are not limited to:
• The circulation of political posters, petitions or other campaign material;
• The collection or solicitation of funds in support of a candidate’s campaign;
• The solicitation for campaign workers;
• The writing or addressing of campaign material and distribution of campaign
materials on school property;
• Any activity that indicates that an employee is using his or her position to further
personal views on candidates for office;
• The intimidating, harassing or coercing an employee relative to a political race or
issue;
• The use of school system facilities, equipment or supplies;
• A candidate talking to school personnel during school time regarding the candidate’s
campaign.
VIOLATIONS of APPROVED POLITICAL ACTIVITY
Violations of this policy shall be reported and discussed in a conference between the
employee and the superintendent. In the event the political activity is associated with the
person seeking the office of county superintendent of education, violations of the policy
shall be reported in writing to the chairperson of the school board.
If the superintendent finds the complaint to be factual, he or she shall issue a written
reprimand to the employee(s) involved. This reprimand shall become a part of the
employee’s personnel file. Depending on the severity of the violation, the result may be
non-renewal of an employee’s contract or dismissal.
If the school board investigates a complaint against an employee seeking the office of county
superintendent of education and finds the complaint to be factual, it shall direct the school
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board chairperson to issue a written reprimand to the employee(s) involved. This reprimand
shall become a part of the employee’s personnel file. Continuous violation of this policy
may result in additional disciplinary action.
ATTORNEY GENERAL OPINIONS
School employees may participate in political activities, including the promotion of a school
bond issue, as long as their participation in such activities is limited to the hours when they
are not involved in their work-related duties. A school may not require employees to
actively campaign for promotion of a bond issue. (Horne, 2-25-00) (#175) (2000-0085)
A school employee may participate in political efforts as long as it is not during working
hours. It is within the discretion of the school board to determine the use of the school
property for public meetings and gatherings. A municipality may expend public funds to
inform the public regarding a school bond issue but it may not use public funds to attempt
to influence the outcome. (Cole, 3-21-94) (#175) (94-0128)
TRAVEL RULES AND REGULATIONS
Employees of the District shall be reimbursed for travel expenses which comply with the
following:
• Travel for business should be conducted at a minimum cost.
• While performing duties related to job,
• When such travel is at the request of and/or approved by the employee’s supervisor,
• Has prior written approval by the Superintendent and/or Principal,
• Complies with State Department of Finance and Administration daily limits on
expenditures for meals and mileage reimbursement rates.
IN STATE:
• All travel must be approved in advance on a requisition form.
• Mileage reimbursement rates generally change after approval from the GSA, twice a
year, June and January.
• Travel reimbursement forms should be typed or completed in ink, signed by the
employee and verified by principal or purchasing agent.
• An updated Travel Reimbursement Form will be sent to all Superintendents,
Directors, Principals and Bookkeepers when needed.
• One employee shall not pay for another employee’s room, airfare or meals and be
reimbursed.
OUT OF STATE:
Same as In – State except for the following:
• If traveling out of state by private vehicle to total travel expenses must be less than
airfare/lodging/meals combined, unless written justification has been approved.
• Whether public transportation, state-owned vehicle, privately owned vehicle, etc.;
reimbursement will be made for the most direct practicable route. (Do not drive to
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New Orleans by way of Mobile, Alabama.) The mileage must be verified through
Map Quest.
• Travel in first or business class is not reimbursable.
• A list of state approved travel agencies is on file. If an employee books their own air
fare, a cost comparison must be attached to the request for reimbursement.
• Taxi and shuttle receipts are required for reimbursement. Taxi and shuttle is only
reimbursed for transport from airport to conference hotel and back. No
reimbursement is allowed for optional restaurant and sight-seeing excursions.
• A receipt is required for checking your baggage.
• Reasonable charges allowed without a receipt are tips for baggage and handling.
Reasonable is usually defined by $2.00 per bag for each level of handling.
AUTOMOBILE TRAVEL (In State or Out of State):
• Point of travel begins at the regular place of work when using private vehicle.
• Beginning point of travel, to intermediate points of travel, to ending point of travel
for that day must be listed along with the specific purpose of the trip.
• If there is a group traveling you may check with the Central Office about use of the
county van.
• When a rental car is used for in state travel, only the actual cost of the rental car can
be claimed for reimbursement when such rental is less expensive than the current
mileage reimbursement rate. No reimbursement for mileage is allowed for optional
restaurant and sight seeing excursions.
• A signed requisition is required for pre-approval of a rental car.
• A receipt is required for hotel/airport parking, taxis and shuttles.
• Check with Accounts Payable Manager in the County District Office about State
Approved Rental Car Agencies and policies for renting an automobile.
CONFERENCE FEES (In State or Out of State):
• Prior approval in writing is required before attending a conference or seminar.
• Conference / Seminar literature or registration form should be attached to the
reimbursement of expenses form.
MEALS AND PHONE (In State or Out of State):
• Meals may be claimed only if the employee is required to stay overnight.
• Receipts for meals should be required. Meal reimbursements are not a Per Diem and
only the actual cost for meals shall be reimbursed not to exceed the daily maximums
as established by the state. Check with your bookkeeper or Accounts Payable for
current reimbursement rates.
• Meals shall not be claimed as expenses if the meals are included in the conference
registration fee.
• Meal tips should be included in the actual cost of the meal unless the inclusion of the
tips causes the meals to exceed the DFA maximum daily meal reimbursement. If the
daily meal limitations would be exceeded, the tips can be separated and recorded as
other expenses. All tips reported in this manner should be totaled for the day and
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not exceed 15% of the maximum daily meal reimbursement or the actual meal
expense, whichever is less.
• Phone charges are allowed for valid business. Phone calls itemized on a hotel bill
should be circled and indication made if they were business, or deducted and not
claimed if they were personal calls.
• A description and amount of other expenses is to be listed on the back of the
reimbursement form. If tips are listed, then the type of tip must be identified (e.g.
meal, baggage, etc.)
TRAVEL ADVANCES:
• We may pay for an employee’s air fare, lodging and conference fees in advance. An
itemized receipt from the hotel and conference must be turned in upon return, and a
flight receipt/itinerary must accompany the request for reimbursement.
• The employee will be responsible for repaying the District if they do not attend
conference. Exceptions would include a personal medical emergency verified by a
doctor’s excuse or cancellation of the conference.
• Please note that Sections 25-1081 and 25-1-91 of the Mississippi Code Annotated
1972 stipulate a penalty for fraudulent claims as a fine of not more than $250 and
civil liability of the full amount received illegally.
Travel for Non-Exempt Employees
Under the Fair Labor Standards Act (FLSA) a non-exempt employee must be paid for all
hours the employee is “suffered or permitted to work.” This document addresses under
what circumstances time spent traveling is considered compensable (i.e., the time is counted
as hours worked).
HOME TO WORK TRAVEL
In general, the FLSA does not consider ordinary commuting as hours worked. Ordinary
commute time is not compensable.
Compensable
• Talking on a phone, running errands (e.g., picking up supplies) while traveling from
home to work or vice versa is considered compensable if it is work related.
Non -Compensable
• Ordinary travel from home to work is not considered hours worked.
TRAVEL DURING THE WORK DAY/IN-TOWN
In general time spent traveling as part of the employer’s principal activity counts as hours
worked (e.g., travel from job site to job site is compensable.)
Compensable
• Travel during the work day as part of the employer’s principal activity counts as
hours worked. (e.g., travel from job site to job site).
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OVERNIGHT TRAVEL
In general, whether travel time counts as hours worked when an employee travels overnight,
depends on whether the travel occurs within the employee’s normal work schedule. Travel
time that occurs within the employee’s normal work schedule is compensable.
Compensable
• Any portion of authorized travel that occurs within an employee’s normal work
schedule counts as hours worked. Travel on non work days (like weekends) also
counts as hours worked if it occurs within the employee’s normal work schedule.
• Driving a vehicle, regardless of whether the travel takes place within or outside
normal work hours, counts as hours worked. In other words, the act of driving is
considered manual labor activity which must be counted as hours worked if it is for
the benefit of the employer.
• If an employee is required to attend meals, social events, etc., that time is counted as
hours worked.
• Time spent waiting at the airport counts as hours worked if it occurs within normal
work hours.
• Any work while traveling, which an employee is required to perform, is counted as
hours worked (e.g., answering e-mails, taking business related phone calls.)
• If an employee is required to ride as an assistant or helper in an automobile, the
travel time counts as hours worked.
Non—Compensable
• Regular meal periods do not count as hours worked.
• Riding as a passenger outside of normal work hours, via airplane, train, boat, bus or
automobile does not count as hours worked. In other words, the act of riding as a
passenger is not considered work.
• Time spent sleeping does not count as hours worked.
• Time spent waiting at the airport outside of normal work hours does not count as
hours worked.
• Travel between home and work or between hotel and worksite is considered normal
commuting time and does not count as hours worked.
MISCELLANEOUS ISSUES
• When an employee travels between two or more time zones, the time zone
associated with the point of departure should be used to determine whether the
travel falls within normal work hours.
• If an employee drives a car as a matter of personal preference when an authorized
flight or other travel mode is available and the travel by car would exceed that of the
authorized mode, only the estimated travel time associated with the authorized mode
will be counted as hours worked.
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• If the employer provides hotel accommodations for overnight travel but the
employee wishes to drive back home each evening, this time is not counted as hours
worked.
• On days when an employee is out of town (but not traveling), the employee is
compensated for hours worked such as attending a conference or a meeting. The
employee is not compensated for time not working even if it occurs within the
employee’s regular work schedule (e.g., employee goes sightseeing instead of
attending a session of the conference or the conference sessions are only from 9 - 4).
SAME DAY TRAVEL -- OUT-OF-TOWN
In general time spent traveling out-of-town and returning in the same day, counts as
hours worked without regard to whether the employee is driving or riding as a passenger
and without regard to whether the travel occurs within the employee’s normal work
schedule. Travel counts as hours worked.
Compensable
• Time spent traveling to and from a one day seminar, conference, meeting, etc. is
counted as hours worked.
Non -Compensable
• Regular meal periods do not count as hours worked.
VII. COMPENSATION
Employees of DCS are paid on the last working day of the calendar month. If an
adjustment to pay is necessary, it will be made on the following monthly check.
PAYROLL DEDUCTIONS
The law requires payroll deductions to cover federal, state, and local income taxes and Social
Security/Medicare (FICA) and retirement. These deductions are made automatically. Other
deductions for other programs will be made upon a written authorization by the employee
and with the approval of the District.
Deductions can be made for health, life and salary protection insurance as well as board
approved tax-sheltered annuities, and teacher credit union contributions. All requests for
changes in deductions must be submitted, in writing, prior to the 1st of each month.
Deductions may also stem from garnishments. When a garnishment is imposed, the
administration of DCS complies by withholding a percentage of the employee’s salary, as
mandated by law.
It is our policy to comply with the salary basis requirements of the Fair Labor Standards Act
(FLSA). Therefore, we prohibit any improper deductions from the salaries of exempt
employees. We want employees to be aware of this policy and that the District does not
allow deductions that violate the FLSA. Deductions from exempt employees’ salaries are
prohibited, except as allowed by applicable law.
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EXEMPT LICENSED CONTRACTED EMPLOYEES
Each licensed employee’s work at DeSoto County School District is governed by a certain
number of contracted days. These days are established days set by the DCS School Board
for the operation of school. If a licensed employee chooses to come to the school building
to work on a Saturday or on a holiday when the school is closed or a day that is not counted
as one of the contracted days, that work is on that licensed employee’s own initiative. The
DCS School Board does not necessarily encourage extra time in the school building, but
does permit it in the event it is determined, through professional judgment, that the licensed
employee would like to do some work outside of the allotted contracted days. This time is
not compensable, even though the employee is instructed to clock in and clock out for
security/record keeping purposes.
CONTRACTS
The following documents must be on file in the Employee Services Department before a
contract can be issued to licensed employees:
• An application properly completed and filed
• A valid Mississippi Educator License
• A complete transcript of college or university credits
• A verification of prior teaching experience
• An application to Public Employees’ Retirement System of Mississippi (new
employees only)
• Any other documents required by state laws and/or School Board regulations
In order to receive credit for prior experience if applicable, proof of verification must be
presented within two (2) months of the employee’s hire date.
EXEMPT CLASSIFIED EMPLOYEES
DCS recognizes that all professional employees work beyond regular school hours on a
regular basis, and the school district acknowledges and appreciates the dedication of its
professional employees. However, professional employees are exempt and are not eligible
for overtime.
NON-EXEMPT EMPLOYEES
The workweek for full-time employees shall not exceed forty (40) hours. The school district
encourages the completion of assigned tasks during the regular workday. Non-exempt
employees are not to work overtime without prior approval from Principal/Supervisor.
Compensatory time can be accumulated but can only be used when approved by
Principal/Supervisor. Each supervisor shall maintain accurate records of all hours worked
by each employee supervised.
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PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS
YEAR OF TEACHING EXPERIENCE
The DeSoto County School Board accepts and approved the term "year of teaching
experience" to mean nine (9) months of actual teaching in the DeSoto County School
District or any other public or private school of this or another state. In no case shall more
than one (1) year of teaching experience be given for all services in one (1) calendar or
school year. In determining a teacher's experience, no deduction shall be made because of
the temporary absence of the teacher because of illness or other good cause, and the teacher
shall be given credit therefore. Beginning with the 2003-2004 school year, the State Board of
Education was given the authority to increase the number of days a teacher may be absent
from the job and continue his/her eligibility for employment. Therefore, the DeSoto
County School Board adopts the following policy in this regard: No certificated personnel
shall exceed forty-five (45) consecutive school days of absences during a contract period of
employment and still be considered to have been in full-time employment for a regular
scholastic term. If a teacher exceeds the number of days established by the DeSoto County
School Board and the State Board of Education that a teacher may not be under contract but
may still be employed, that teacher shall not be credited with a year of teaching experience.
In determining the experience of school librarians, each complete year of continuous, full-
time employment as a professional librarian in a public library in this or some other state
shall be considered a year of teaching experience. If a full-time school administrator returns
to actual teaching in the public schools, the term "year of teaching experience" shall include
the period of time he or she served as a school administrator. In determining the salaries of
teachers who have experience in any branch of the military, the term "year of teaching
experience" shall include each complete year of actual classroom instruction while serving in
the military. MS Code § 37-151-5 (m) (1997)
LEVEL OF PAY
The pay scale for any teacher employed in the DeSoto County School District shall be based
on the salary schedule approved by the Mississippi Legislature. No teacher shall receive less
than the state minimum salary. In the case of a part-time teacher, the salary shall be based on
the number of years experience and the number of periods taught on a regular school day
unless otherwise approved by the DeSoto County School Board. A school district may adopt
or continue a program or plan whereby teachers are paid varying salaries according to the
teaching ability, classroom performance and other similar standards. MS Code § 37-151-87
(1997)
It is the policy of this school board to attempt to pay its licensed employees at a level which
will attract and hold people with ability who can exercise professionalism in the school
district. If, at the commencement of the scholastic year, any licensed employee shall present
to the Superintendent of the DeSoto County School District a license of a higher grade than
that specified in such individual's contract, such individual may be paid from such funds the
amount to which such higher degree/certification to the end of the current scholastic year
from such funds the amount to which such higher grade license would have entitled the
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individual, had the license been held at the time the contract was executed. MS Code § 37-
9-17 (1) (1997)
CONTRACT REQUIRED
The superintendent shall enter into a contract with each licensed employee who is elected
and approved for employment by the school board. Such contracts shall be in such form as
shall be prescribed by the State Board of Education and shall be executed in a duplicate with
one (1) copy to be retained by the appropriate superintendent and one (1) copy to be
retained by the licensed employee or person recommended for which a licensed position was
contracted. The contract shall show the name of the District, the length of the school term,
the position held, the scholastic years which it covers, the total amount of the annual salary
and how same is payable. The amount of salary to be shown in such contract shall be in the
amount which shall have been fixed and determined by the school board, but as to licensed
employees paid in whole or in part with minimum education program funds, such salary
shall not be less than that required under the provisions of Chapter 19 of this title. Any
person recommended for a licensed position who is anticipating either graduation from an
approved teacher education program before September 1
st
or December 31
st
, as the case may
be, or the issuance of a proper license before October 15
th
or February 15
th
, as the case may
be, shall receive substitute pay until such license is issued unless the Superintendent, at his
discretion, chooses to enter into a contract with such employee. If the Superintendent
chooses to enter into a contract with any person recommended for a licensed position who
is anticipating either graduation from an approved teacher education program before
September 1
st
or December 31
st
, as the case may be, or the issuance of a proper license
before October 15
th
or February 15
th
, as the case may be, shall be a conditional contract and
shall include a provision stating that the contract will be null and void, if as specified in the
contract, the contingency upon which the contract is conditioned has not occurred. If any
licensed employee or person recommended for a licensed position who has been elected and
approved shall not execute and return the contract within ten (10) days after same has been
tendered to him for execution, then, at the option of this school board, the election of the
licensed employee and the contract tendered to him shall be null and void and of no effect.
MS Code § 37-9-23 (1998)
LENGTH OF CONTRACT
This school board has the power and authority, in its discretion to employ licensed
employees for not exceeding three (3) scholastic years. In such case, contracts shall be
entered into with such licensed employees for the number of years for which they have been
employed. All such contracts with licensed employees shall for the years after the first year
thereof be subject to the contingency that the licensed employee may be released if, during
the life of the contract, the average daily attendance shall decrease from that existing during
the previous year and thus necessitate a reduction in the number of licensed employees
during any year after the first year of the contract. However, in all such cases the licensed
employee must be released before July 1
st
or at least thirty (30) days prior to the beginning of
the school term, whichever date should occur earlier.
The salary to be paid for the years after the first year of such contract shall be subject to
revision, either upward or downward, in the event of an increase or decrease in the funds
available for payment thereof, but, unless such salary is revised prior to the beginning of a
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school year, it shall remain for such school year at the amount fixed in such contract.
However, where school district funds, other than minimum education program funds, are
available during the school year the salary to be paid for such year may be increased to the
extent that such additional funds are available and nothing herein shall be construed to
prohibit same. MS Code § 37-9-25 (1997)
OTHER CONSIDERATIONS
In employing and contracting with licensed employees, this school board shall in all cases
determine whether the amount of salary to be paid such licensed employee is in compliance
with the provisions of Chapter 19 of this title. No contract shall be entered into where the
salary of a licensed employee is to be paid in whole or in part from minimum education
program funds except where the requirements of said chapter as to the amount of such
salary are fully met. Nothing herein shall be construed, however to prohibit this school
district from increasing the salaries of licensed employees above the amounts fixed by said
chapter, provided that the amount of such increase is paid from funds available to this
District other than minimum program funds. MS Code § 37-9-33 (1997)
FIXING OF SALARY
The amount of the salary to be paid any licensed employee shall be fixed by this school
board, provided that the requirements of Chapter 19 of this title are met as to licensed
employees paid in whole or in part from minimum education program funds. In employing
such licensed employees and in fixing their salaries this school board shall take into
consideration the character, professional training, experience, executive ability and teaching
capacity of the licensed employee. MS Code § 37-9-37 (1997)
SALARY PAY SCHEDULE
Salary or wages paid to any employee of any school shall be paid on a basis as determined by
the local school board of each school district, except for December, when salaries or wages
shall be paid by the last working day. Salaries or wages shall be paid at a minimum on a
monthly basis. Any school employee whose employment ends during a school term,
regardless of the reason(s) the employment ended, shall be paid salary or wages only for that
portion of the school term that employee actually worked. Nothing in this section shall be
construed to entitle any employee to payment of salary or wages when no work has been
performed. MS Code § 37-9-39 (2003)
Any certified or non-certified employee whose employment ends with the school term will
be paid in twelve (12) installments.
PAY CERTIFICATES
The salaries of licensed employees shall be paid by pay certificates issued by the school
district superintendent or the administrative superintendent. Such pay certificates may be
issued without additional authorization of this school board where the amount of salary has
been fixed and a contract entered into as is provided in this chapter. All pay certificates shall
be preserved by him as a part of the official records of his office for the same time and in
the same manner as other records are preserved. Except as herein provided, the said
warrants shall be governed in all respects by the same laws regulating the issuance of other
warrants for other purposes. All pay certificates and warrants issued shall show the gross
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amount of the salary and all authorized deductions there from for income taxes, social
security, retirement contributions and other lawful purposes. MS Code § 37-9-41 (1997)
EXECUTION OF WRITTEN CONTRACT
It shall be unlawful for any licensed employee to be paid for any services as such until a
written contract has been executed as is provided and required by this chapter. If any
superintendent shall make any such payment prior to the execution of the contract he shall
be civilly liable for the amount thereof, and, in addition, shall be liable upon his bond. If any
licensed employee, shall willfully and without just cause breach his contract and abandon his
employment he shall not be entitled to any further salary payments either for services
rendered prior to such breach or for services which were thereafter to have been rendered.
Nothing in this section, however, shall prevent the employment and payment of substitute
teachers without a written contract. MS Code § 37-9-43 (1997)
RELEASE FROM CONTRACT
Any licensed employee in this school district who is under contract to teach or perform
other duties and who desires to be released from such contract shall make application in
writing to this school board for release there from, in which application the reasons for such
release shall be clearly stated. If this board acts favorably upon such application for release,
such licensed employee shall be released from his contract, and said contract shall be null
and void on the date specified in the school board's order. MS Code § 37-9-55 (1997)
BREACH OF CONTRACT
If any licensed employee in any public school of this state shall arbitrarily or willfully breach
his or her contract and abandon his or her employment without being released there from as
provided in Section 37-9-55, the contract of such licensed employee shall be null and void.
In addition thereto the license of such licensed employee may be suspended by the State
Board of Education for a period of one (1) year as provided in Section 37-3-2(8) upon
written recommendation of the majority of the members of this school board. MS Code §
37-9-57 (1997)
REQUIREMENTS FOR CONTRACT ISSUANCE
All individuals being offered contracts are required to furnish the Superintendent of Schools
or his designee the following:
• all information required by the State of Mississippi; and
• all information required by the Employee Services, Payroll, and Personnel
departments
TERMS OF CONTRACT
All personnel shall be elected for a specified number of days as determined by the State of
Mississippi and the DeSoto County School Board. LEGAL REF.: MS CODE as cited
SUPPLEMENTS – LICENSED EMPLOYEES
Assignments in addition to teaching responsibilities, such as (but not limited to) coaching
assignment, cheerleader sponsor, yearbook sponsor, choral director, band director, LSC
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Chair, etc., shall be at-will and shall not be subject to a contractual relationship with the
District. At-will means that the employee can resign from those additional duties at any time
and without notice to the District and the District can remove those duties at any time and
without notice to the employee.
Compensation for those duties will be separate from compensation for teaching duties and
will be determined by the DeSoto County Board of Education. In the event the District
removes additional assignments from an employee or an employee resigns additional
assignments during the school year, the employee’s compensation for those duties shall be
prorated. The employee shall have no rights to a hearing under Mississippi Code Section 37-
9-101 et seq. for removal of additional assignments.
VIII. BENEFITS
Insurance and Retirement Benefits
The District is interested in the health and well-being of both employees and their families.
This section of the employee handbook briefly describes each District-sponsored employee
benefit program. Employees receive summary plan descriptions, which describe certain
benefit programs in greater detail. The plan description and official plan documents (such as
insurance master contracts) contain information regarding eligibility requirements, coverage
limits, deductibles, premiums, and fees.
Employees are expected to read the plan descriptions carefully to understand rights and
responsibilities. Should a conflict exist between the official benefit plan documents and this
employee handbook or the plan descriptions, the official plan documents will control in all
cases.
The District reserves the right, at its sole and absolute discretion, to rescind or amend
benefits, to change insurance carriers, or to require a change in employee contributions
toward premium costs, deductibles, or co-payments. The District may make such changes at
any time, for any reason; financial necessity is not required. Employees will be promptly
notified of any such changes. While the District's intention is to continue offering the
District-sponsored benefit programs, it cannot guarantee that such benefits will always be
available.
DCS offers the following benefits to regular full-time employees. Part-time employees may
or may not be eligible for these benefits based on the individual plan requirements:
HEALTH INSURANCE
DCS participates in the State of Mississippi health insurance plan for school employees.
Information regarding the options available to school employees may be obtained by
contacting the Employee Services Department in the school district’s central administrative
office.
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CAFETERIA PLAN
DCS participates in the Section 125 Flexible Benefit Plan, commonly known as the cafeteria
plan. Participation by employees in the cafeteria plan is optional. Additional information
regarding the cafeteria plan is available in the Employee Services Department.
RETIREMENT PLAN
All regular full-time employees must participate in the Mississippi Public Employees’
Retirement System. Current Mississippi law requires eight (8) years of service as of July 1,
2007 for vested interest. Twenty-five (25) years are required for less than sixty (60) years of
age for full retirement benefits without penalty.
Employees desiring more specific information regarding their retirement should contact the
Employee Services department or the Mississippi Public Employees’ Retirement System.
403b PLAN
All employees of DeSoto County Schools are eligible to participate in the 403(b) Plan(s) that
is offered through the District.
COBRA
If the employee, the employee’s spouse, or the employee’s dependents lose group health
insurance coverage due to employment termination or any other “qualifying event,” any and
all may be eligible to elect continuation of group health coverage in accordance with the
Consolidated Omnibus Budget Reconciliation Act (COBRA).
COBRA entitles employees and their dependents to elect or decline continued group health
insurance coverage upon a “qualifying event.” Under federal law, a qualifying event is an
event that would ordinarily cause an employee, spouse, or dependent to lose group health
insurance coverage. Qualifying events include termination of employment, retirement,
discharge for poor performance, reduction of work hours, death of a covered employee,
divorce or legal separation from a covered employee, losing “dependent child” status, or
Medicare eligibility.
Employees discharged for gross misconduct may not be eligible for continuation benefits.
Employees and dependents are responsible for notifying the District’s Benefits Manager
immediately following any qualifying event and upon any change in address of the employee
and/or dependents. Employees and dependents who elect continued coverage following a
qualifying event will be required to pay 100% of the applicable premium coverage cost plus
any applicable application fees.
The covered individual has sixty (60) days to elect coverage from the date of notification. If
the covered individual chooses to continue coverage and pays all premiums, benefits will be
continued for eighteen (18) months. A covered employee, spouse, or dependent who is
disabled (according to the Social Security Administration) at the time of the qualifying event
may be eligible to continue coverage for up to twenty-nine (29) months. An employee’s
covered spouse or dependent may be able to continue coverage up to thirty-six (36) months
53
in the event the covered employee dies, becomes entitled to Medicare, divorces or legally
separates from the spouse, or the dependent child ceases to qualify as a dependent under the
District’s insurance plan provisions.
In the event of a second qualifying event occurring during the period of coverage for an
original event, the period of coverage will be extended to thirty-six (36) months from the
date of the original qualifying event.
Employees may obtain additional information about COBRA from the Employee Services
Department.
WORKERS’ COMPENSATION
It is the District’s goal to provide a safe work environment. Each employee shall comply
with all occupational safety, health policies and standards. If an employee suffers an on-the-
job injury or illness; no matter how insignificant and without exception, it must be reported
immediately to his/her Supervisor or Principal. Immediately upon notification of an injury
or illness, the employee shall contact MEDCOR (1-800-775-5866) while the Supervisor,
Principal or designee is present to report the injury or illness and obtain medical treatment
recommendations. If the injury or illness results in an extreme emergency which requires
immediate medical attention (ambulance or 911), a representative from the school or
location shall contact MEDCOR on the employee’s behalf within twenty-four (24) hours of
the injury or illness. MEDCOR will notify the Workers’ Compensation Coordinator who
will submit information concerning the injury or illness to the Workers’ Compensation
Insurance carrier for DeSoto County Schools. Failure to follow the proper guidelines and
procedures for reporting an on-the-job injury claim may jeopardize the employee’s eligibility
for workers’ compensation and be cause for censure.
Employees are covered against certain loss of earnings due to injuries on the job by a
workers’ compensation insurance policy furnished by the District. No compensation will be
allowed for an injury, illness or death due to willful misconduct, intentional self-inflicted
injury, intoxication (due to alcohol, medication or any illegal substance), willful failure or
refusal to use safety devices, or lack of compliance with prescribed safety procedures. The
payment of medical bills and compensation payments will be in accordance with all
applicable workers’ compensation laws.
DeSoto County School employees with questions concerning workers’ compensation shall
contact the Employee Services Department (662-449-7169).
If an employee suffers an occupational injury or illness, the following procedures shall be
followed:
• Injury or illness shall be reported immediately to employee’s Supervisor or Principal.
• Immediately, the Supervisor, Principal or designee shall contact MEDCOR (1-800-
775-5866) while the employee is present unless in the case of an extreme emergency.
MEDCOR will recommend the necessary medical treatment according to the injury
or illness. MEDCOR will inform the Workers’ Compensation Coordinator of the
recommendations regarding the incident.
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• The employee shall complete a “Notice of Physician Choice” form and return it to
the Workers’ Compensation Coordinator regardless of whether or not medical
treatment was obtained for their injury or illness.
• An employee may choose his/her own physician when that physician treats workers’
compensation injuries or illnesses or he/she may accept the physician or clinic
offered by DCS District. A drug screening laboratory test performed within 24
hours at a clinic assigned by the District is required following on-the-job injuries that
require medical treatment.
• The employee shall follow the recommendations for medical treatment received by
MEDCOR. The employee shall not obtain or seek medical treatment outside the
recommendations provided by MEDCOR without prior approval from the workers’
compensation insurance carrier.
UNEMPLOYMENT
Employees are not eligible for unemployment benefits in the summer months between
school terms. An employee hired during the school term that has reasonable assurance of
employment for the same or similar work for the following school term will be denied
unemployment benefits.
IX. EMPLOYEE TIME OFF FROM WORK
NONPROFESSIONAL EMPLOYEE LEAVES AND ABSENCES
• Twelve-Month Employees (Secretaries – Maintenance Personnel): Twelve-month employees
of the DeSoto County Board of Education are required to follow the regularly
scheduled work day, five days per week, as prescribed by the Board of Education.
Holidays, sick leave and personal leave will be governed by regulations stated in the
Classified Employee Sick and Personal Leave section. Time of vacations shall be
determined by the employees’ supervisors and approved by the Superintendent. If a
school is required to employ substitutes for such employees, substitute pay must
come from local funds.
• Nine- and Ten-Month Employees: Such employees of the DeSoto County Board of
Education are required to follow the regularly scheduled work day, five days per
week, as prescribed by the Board of Education. Holidays, sick leaves and personal
leaves will be governed by regulations stated in the Classified Employee Sick and
Personal Leave section. Paid vacations will not be granted such personnel.
• Part-Time or Temporary Hourly Employees: Employees working on a part-time or
temporary hourly basis are paid only for the hours worked. Time must be accurately
filed on these employees as prescribed by the Board of Education. Neither sick
leaves nor paid vacations will be granted such personnel.
VACATION
Twelve-month (full-time) employees shall earn vacation days at the rate of one (1) day per
month for each full month employed. Vacation days will be accrued on a monthly basis. At
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the end of each month in which the employee was actually employed every day of that
month, he/she will be credited with one (1) day of vacation up to the maximum of fifteen
(15) days, after which the vacation day will be converted to an “A” sick leave day and
credited to him/her. These are in addition to the two (2) personal days granted to twelve-
month employees each year.
Vacation and personal leave for all employees will be converted to hours with each day of
leave equal to eight (8) hours of leave.
School level employees (certified and classified) shall not take vacation days on days which
are required working days for 187 day employees unless a written request is approved by the
school principal. All vacation days must be approved in advance.
In the event a twelve-month (full-time) employee should transfer to a position within the
District that requires less than 230 days annually, the employee’s vacation leave shall be
converted to sick leave.
Unused vacation leave shall be applied toward retirement credit upon the termination of
employment with the District.
LICENSED EMPLOYEE / SCHOOL NURSE SICK AND PERSONAL LEAVE
Sick Leave
Each licensed employee/school nurse at the beginning of each school year upon reporting
for duty shall be credited with a minimum sick leave allowance, with pay, for absences
caused by illness or physical disability of the employee or a member of the immediate family
of the employee during that school year. These shall be referred to as “A” days.
Twelve-month employees shall be credited with eight (8) days of sick leave. Nine, ten and
eleven-month employees shall be credited with seven (7) days of sick leave.
“Immediate Family Member” for the purpose of this policy is defined as spouse, children,
parents, siblings, grandparents, grandchildren, or any person of like relationship by marriage,
or any person standing in loco parentis.
Any unused portion of the total sick leave allowance shall be carried over to the next school
year and credited to such licensed employee/school nurse if the licensed employee/school
nurse remains employed in the same school district. In the event any public school licensed
employee/school nurse transfers from one public school district in Mississippi to another,
any unused portion of the total sick leave allowance credited to such licensed
employee/school nurse shall be credited to such licensed employee/school nurse in the
computation of unused leave for retirement purposes under Section 25-11-109, Mississippi
Code of 1972. Accumulation of sick leave allowed in the school district shall be unlimited.
No deduction from the pay of the licensed employee/school nurse may be made because of
illness or physical disability until after all sick leave allowance credited to such licensed
employee/school nurse has been used.
A licensed employee may be required by the principal to furnish the certificate of a physician
or dentist, or other medical practitioner as to the illness of the absent licensed employee,
where the absence is for but not limited to: four (4) or more consecutive school days, or for
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two (2) consecutive school days immediately proceeding or following a nonschool day, or
for a school day immediately proceeding or following a student holiday.
In the event false information is provided relative to the cause of absences, the penalties
invoked may include a full deduction of pay, and/or entry on the work records of the
employee, and/or other appropriate penalties. It shall be the responsibility of the principal
to determine the magnitude of the violation and to prescribe the penalty. If a person feels
aggrieved over the penalty invoked, he/she may, through due process, appeal to the Board
of Education.
If the employee is under contract for less than a full school year, sick leave will be prorated
for total days under contract as follows:
¾
Twelve-Month Contract Positions:
o One (1) sick leave day per thirty (30) days under contract.
¾ Nine, Ten and Eleven-Month Contract Positions:
Days Under Contract Sick Leave
187 - 151 56 Hours
150 - 126 48 Hours
125 - 101 40 Hours
100 - 76 32 Hours
75 - 51 24 Hours
50 - 26 16 Hours
25 - 1 8 Hours
For the first ten (10) days of absence of the licensed employee/school nurse because of
illness or physical disability, in any school year, in excess of the sick leave allowance credited
to such employee, there may be deducted from the pay of such employee the established
substitute amount of compensation paid in the local school district. (These days are not
cumulative). These days shall be referred to as “B” days. Thereafter, the regular pay of such
absent licensed employee/school nurse may be suspended and withheld in its entirety for
any period of absence because of illness or physical disability during that school year.
If the employee is under contract for less than a full year, substitute deduction days shall be
prorated at one day per month of employment not to exceed eighty (80) hours per fiscal
year. It shall be left to the discretion of the employee’s supervisor to determine whether the
District’s best interests are served by the employee’s presence for a portion of the day, or
whether he/she should not be allowed to work partial days.
Personal Leave
Each licensed employee/school nurse at the beginning of each school year upon reporting for
duty shall be credited with a maximum personal leave allowance, with pay, of two (2) days for
absences caused by personal reasons during that school year. Such personal leave shall not be
taken on the first day of the school term, the last day of the school term, on a day previous to a
student holiday or a day after a student holiday, unless on such days an immediate family member
of the employee is being deployed for military service. No deduction from the pay of such
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employee may be made because of such employee caused by personal reasons until after all
personal leave allowance credited to such employee has been used. (MS Code § 37-7-307)
Employees may accumulate up to five (5) days of personal leave.
Two (2) days prior to planned absence, the licensed employee/school nurse shall request in
writing to the principal or supervisor approval to take a personal day. In the event the employee
fails to obtain prior approval, the penalties invoked may include a full deduction of pay, and/or
entry on the work record of the employee, and/or other appropriate penalties. An exception to
this is an emergency.
If an employee is under contract for less than a full school year, personal leave will be
prorated for total days under contract as follows:
¾ For Twelve- Month Contract Positions:
• Up to 6 months = 8 Hours
• 6 - 9 months = 12 Hours
• 9 -12 months = 16 Hours
¾ Nine, Ten and Eleven-Month Contract Positions:
o 90 – 187 Days = 12 Hours
o 1 – 89 Days = 8 Hours
Unused personal leave in excess of five (5) days shall become sick leave. Upon retirement
from employment, each licensed employee/school nurse shall be paid for not more than
thirty (30) days of unused accumulated leave earned while employed by the school district.
Such payment for licensed employees/school nurses shall be made by the school district at
the rate equal to the amount paid to substitute teachers. The payment shall be treated in the
same manner for retirement purposes as a lump-sum payment for personal leave as provided
in Section 25-11-103(e). Any remaining lawfully credited unused leave (sick, personal,
vacation) for which payment has been made shall be applied toward retirement credit as
follows:
• 15 – 77 days equals 1 quarter
• 78 – 140 days equals ½ year
• 141 – 203 days equals 3 quarters
• 204 – 260 days equals 1 year
No payment for unused accumulated leave may be made to a licensed employee at
termination or separation from service for any purpose other than for the purpose of
retirement.
CLASSIFIED EMPLOYEE SICK AND PERSONAL LEAVE
Sick Leave
Each classified employee, at the beginning of each school year, shall be credited with a
minimum sick leave allowance, with pay, for absences caused by illness or physical disability
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of the employee or a member of the immediate family of the employee during that school
year. These shall be referred to as “A” days.
Twelve-month employees shall be credited with eight (8) days of sick leave. Nine, ten and
eleven-month employees shall be credited with seven (7) days of sick leave.
“Immediate Family Member” for the purpose of this policy is defined as spouse, children,
parents, siblings, grandparents, grandchildren, or any person of like relationship by marriage,
or any person standing in loco parentis.
Any unused portion of the total sick leave allowance shall be credited over to the next school
year and credited to such employee if the employee remains employed in the school district.
In the event any public school classified employee transfers from one public school district
in Mississippi to another, any unused portion of the total sick leave allowance credited to
such classified employee shall be credited to such classified employee in the computation of
unused leave for retirement purposes under Section 25-11-109, Mississippi Code of 1972.
Accumulation of sick leave allowed in the school district shall be unlimited.
No deduction from the pay of the classified employee may be made because of illness or
physical disability until after all sick leave allowance credited to such employee has been
used.
A classified employee may be required by the principal to furnish the certificate of a
physician or dentist, or other medical practitioner as to the illness of the absent licensed
employee, where the absence is for but not limited to: four (4) or more consecutive school
days, or for two (2) consecutive school days immediately proceeding or following a
nonschool day, or for a school day immediately proceeding or following a student holiday.
In the event false information is provided relative to the cause of absences, the penalties
invoked may include a full deduction of pay, and/or entry on the work record of the
employee, and/or other appropriate penalties. It shall be the responsibility of the principal
or supervisor to determine the magnitude of the violation and to prescribe the penalty. If a
person feels aggrieved over the penalty invoked, he/she may, through due process, appeal to
the Board of Education.
If an employee is employed for less than a full school year, sick leave will be provided for
total days employed as follows:
¾ Twelve-Month Positions:
o One (1) sick leave day per thirty (30) days employed.
¾
Nine, Ten and Eleven-Month Positions:
Days of Employment Sick Leave
187 - 151 56 Hours
150 - 126 48 Hours
125 - 101 40 Hours
100 - 76 32 Hours
75 - 51 24 Hours
50 - 26 16 Hours
25 - 2 8 Hours
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With regard to twelve-month classified employees, for the first ten (10) days of absence of
the employee because of illness or physical disability, in any school year, in excess of the sick
leave allowance credited to such employee:
¾ $15.00 per day will be deducted from the employee whose hourly wage exceeds
$10,000.00 annually. (These days are not cumulative). These shall be referred to as
“B” days.
Thereafter, the regular pay of such absent twelve-month classified employee may be
suspended and withheld in its entirety for any period of absence because of illness or
physical disability during that school year. If an employee is employed for less than a full
school year, “B” days shall be prorated at one per month of employment not to exceed
eighty (80) hours per fiscal year.
Personal Leave
Each employee at the beginning of each school year shall be credited with a minimum
personal leave allowance, with pay, two (2) days for absences caused by personal reasons
during that school year. Such personal leave shall not be taken on the first day of the school
term, the last day of the school term, on a day previous to a student holiday or a day after a
student holiday; unless on such days an immediate family member of the employee is being
deployed for military service. No deduction from the pay of such employee may be made
because of absence of such employee caused by personal reasons until after all personal
leave allowance credited to such employee has been used. Each employee may accumulate a
maximum of five (5) personal days.
Two (2) days prior to the planned absence, employee shall request in writing to the principal
or supervisor approval to take a personal day. In the event the employee fails to obtain prior
approval, the penalties invoked may include a full deduction of pay, and/or entry on the
work record of the employee, and/or other appropriate penalties. An exception to this is an
emergency.
If an employee is employed for less than a full school year, personal leave will be prorated
for total days allotted to the position as follows:
¾ For Twelve- Month Classified Positions:
• Up to 6 months = 8 Hours
• 6 - 9 months = 12 Hours
• 9 -12 months = 16 Hours
¾ Nine, Ten and Eleven-Month Classified Positions:
o 90 – 187 Days = 12 Hours
o 1 – 89 Days = 8 Hours
Unused personal leave in excess of five (5) days shall become sick leave.
Upon retirement from employment, each classified employee shall be paid for not more than
thirty (30) days of unused accumulated leave earned while employed by the school district.
Such payment for classified employees shall be made by the school district at the rate equal
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to the amount paid to substitute teachers. The payment shall be treated in the same manner
for retirement purposes as a lump-sum payment for personal leave as provided in Section
25-11-103(e). Any remaining lawfully credited unused leave (sick, personal, vacation) for
which payment has been made shall be applied toward retirement credit as follows:
• 15 – 77 days equals 1 quarter
• 78 – 140 days equals ½ year
• 141 – 203 days equals 3 quarters
• 204 – 260 days equals 1 year
No payment of unused accumulated leave may be made to a classified non-licensed
employee at termination or separation from service for any purpose other than for the
purpose of retirement.
In all instances of absenteeism, the employee is to notify the principal/supervisor as soon as
possible to permit proper handling of the situation. All sick and personal leave for classified
employees will be converted to hours with one (1) day equal to eight (8) hours.
FAMILY MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) provides a means for employees to balance their
work and family responsibilities by taking unpaid leave that meets a specific criteria. The Act
is intended to promote the stability and economic security of families. FMLA is a benefit.
ELIGIBILITY
To be eligible for FMLA, an employee must meet all of the following requirements:
• the employee must have worked for the District for at least twelve (12) months (52
weeks), which need not be twelve (12) consecutive months; and
• an employee must have worked for the District for at least 1,250 hours during the
twelve (12) months immediately preceding the date the leave of absence begins or
requested leave of absence would begin; and
• the employee must work at a worksite where at least fifty (50) employees are
employed within seventy-five (75) miles.
The District will count towards both the 1,250-hour and 12-months-of-service requirements
the time employees are on an approved military leave of absence or are otherwise serving in
the military. The District will not count any hours during any other period of leave of
absence towards the second eligibility requirement.
TYPES OF FMLA LEAVE
All leaves covered by this policy can collectively be called “FMLA leave”. Eligible
employees may take a leave of absence covered by this policy during the “FMLA year”
(defined below) for any of these reasons:
• For the birth of the employee’s healthy child, or the placement by a State of a child
for adoption or foster care with the employee, including child care after birth or
placement for adoption or foster care. Leave to care for a child after birth or after
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adoption or placement for foster care must be taken within on year after the child’s
birth or placement. This type of leave is called “family leave”.
• To care for the employee’s spouse, child or parent with a serious health condition. This
type of leave is called “caregiver medical leave”.
• For the employee’s own serious health condition (including pregnancy, childbirth and
related conditions). This type of leave is called “medical leave”.
• For absences caused by an active duty exigency when the employee’s spouse, child, or
parent is a service member. This type of leave is called “service member exigency
leave”.
• To care for the employee’s spouse, child, parent, or “next of kin” (if the employee is
the nearest blood relative) who is a “recovering service member”. This type of leave
is called “military caregiver leave”.
DEFINITIONS OF TERMS
The term “parent” includes the biological parent of an employee or an individual who stands
or stood in loco parentis to the employee when the employee was under 18 and incapable of
self-care because of mental or physical disability (such as a foster parent, a stepparent, or an
adoptive parent), but does not otherwise include a “parent-in-law” or a grandparent.
The term “child” includes a biological, adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis towards the child, but does not include any
individual age 18 or over, unless the person is incapable of self-care because of a mental or
physical disability.
The term “spouse” includes an employee’s husband or wife, as defined by applicable State
law, including a “common law” spouse who the employee has previously held out or
represented to be the employee’s spouse.
The term “next of kin” means a person’s nearest blood relative other than the person’s
parent, son, or daughter, in the following order of priority: blood relatives who have been
granted legal custody of the person by court decree or statute, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the person has specifically
designated in writing another blood relative as his or her nearest blood relative for purposes
of military caregiver leave.
The term “service member” means a member of the Armed Forces, the United States
Reserves, or the National Guard who is related to the employee.
The term “recovering service member” means a service member who suffered a serious
injury or illness while on active-duty and in the line of duty that may render the person
unable to perform the duties of the person’s office, grade, rank or rating and who is
undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status,
or is otherwise on the temporary disability retired list, for a serious injury or illness.
The term “incapacity” means an inability to work, attend school, or perform other regular
daily activities because of the serious health condition, treatment, or recovery.
The term “continuing treatment” means the employee either:
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• must be seen and treated in-person by a health care provider [or by a provider of
health care services (e.g. physical therapist) under orders of, or on referral by, a
health care provider] two or more times within 30 days of the first day of incapacity,
unless circumstances beyond the employee’s control prevent the follow-up visit, or
• must be seen and treated by a health care provider on at least one occasion, which
results in a regimen of treatment under the supervision of the health care provider.
A regimen of treatment that includes the taking of over-the-counter medications
such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and
other similar activities that can be initiated without a visit to a health care provider,
is not, by itself, sufficient to substitute for the second visit to the health care
provider.
The term “serious health condition
” means an illness, impairment, or physical or mental
condition that involves:
• inpatient care (e.g. an overnight stay in a hospital, hospice, or residential medical
facility), including any period of incapacity or any subsequent treatment in
connection with the inpatient care; or
• a period of incapacity of more than three consecutive full calendar days and
“continuing treatment” by a health care provider or a provider of health care services
under the supervision or by referral of the health care provider (for purposes of this
type condition, the first (or only) in-person treatment visit to the health care provider
must take place within seven days of the first day of incapacity); or
• any absences for medical care or any period of incapacity because of pregnancy,
childbirth and related medical conditions; or
• any absences for medical care or any period of incapacity because of a chronic
condition, which is any medical condition which
o requires periodic visits (at least twice a year) for treatment by a health care
provider, or by a nurse under direct supervision of a health care provider,
o continues over an extended period of time (including recurring episodes of a
single underlying condition); and
o causes or may cause episodic rather than a continuing period of incapacity; or
• any absences for medical care or any period of incapacity because of a permanent
long-term condition for which treatment may not be effective (the person must be
under the continuing supervision of, but need not be receiving active treatment by, a
health care provider); or
• any period of absence to receive or recover from multiple treatments by or under
orders or referral from a health care provider for restorative surgery after an injury or
for a condition so serious that, in the absence of medical intervention or treatment,
would likely result in a period of incapacity of more than three consecutive full
calendar days.
A serious health condition may include occupational or on-the-job related injuries and
illnesses that might also qualify for workers’ compensation insurance benefits.
Absences for treatment for alcohol, substance or drug abuse by a health care provider or by
a provider of health care services on referral of a health care provider may qualify for
medical leave under this policy if the absence involves either in-patient care or a period of
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incapacity of more than three consecutive full calendar days and “continuing treatment” by a
health care provider. But an absence caused by an employee’s use of the drug, alcohol, or
substance, rather than for treatment, does not quality for FMLA leave.
Conditions for which cosmetic treatments are administered (such as most treatments for
acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is
required or unless complications develop. Ordinarily, unless complications arise, the
common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than
migraine, routine dental or orthodontia problems, periodontal disease are examples of
conditions that do not meet the definition of a “serious health condition”.
The term “active duty exigency” means any of the following seven reasons for taking leave
under this policy:
• Short-Notice Deployment: The employee may take leave for up to seven calendar days
(beginning on the date of the deployment notice) to address any issue arising from a
notice to the service member of an impending call or order to active duty in support
of a contingency operation, if the service member receives the deployment notice
seven or less calendar days before the date of deployment.
• Military Events and Related Activities: The employee may take leave to attend any
official ceremony, program, or event sponsored by the military, or any family
support or assistance program or informational briefing sponsored or promoted by
the military, military service organizations, or the American Red Cross, if such
ceremonies, events, meetings, programs, or briefings are related to the active duty or
call to active duty status of the service member.
• Childcare and School Activities: If the service member’s active duty or call to active duty
status requires a change in the existing childcare or schooling arrangements for a
biological, adopted, or foster child, a stepchild, or a legal ward of the service
member, or a child for whom the service member stands in loco parentis, then the
employee may take leave:
o to arrange for alternative childcare for the child;
o to provide childcare to the child on an urgent, immediate need basis (but not
on a routine, regular, or everyday basis);
o to enroll in or transfer the child to a new school or day care facility; or
o to attend meetings on behalf of the service member with staff at a school or
a daycare facility, such as meetings with school officials regarding disciplinary
measures, parent-teacher conferences, or meetings with school counselors,
relating to the service member’s child.
• Financial and Legal Arrangements: The employee may take leave:
o To make or update financial or legal arrangements to address the service
member’s absence while on active duty or call to active duty status (for
example, to prepare or update a will); and
o To act as the service member’s representative before a federal, state, or local
agency for purposes of obtaining, arranging, or appealing military service
benefits while the service member is on active duty or call to active duty
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status and for a period of ninety (90) days following the termination of the
service member’s active duty status.
• Counseling: If the employee, the service member, or a child of the service member
needs counseling (from someone other that a health care provider) because of the
active duty or call to active duty status of the service member, then the employee
may take leave to attend or assist with counseling.
• Rest and Recuperation: The employee may take up to five (5) days of leave to spend
time with a service member who is on short-term, temporary, rest and recuperation
leave during the period of deployment.
• Post-Deployment Activities: The employee make take leave:
o To attend arrival ceremonies, reintegration briefings and events, and any
other official ceremony or program sponsored by the military for a period of
ninety (90) days following the termination of the service member’s active
duty status; and
o To address issues that arise from the death of a service member while on
active duty status, such as recovering the body of the service member and
making funeral arrangements.
FMLA YEAR
In determining the amount of leave available to an employee, the District uses a “rolling”
twelve-month period measured backward from the date an employee uses leave covered by
this policy. The method essentially takes a snapshot of the twelve-month period which
changes daily. Each time an employee takes FMLA leave, the remaining leave entitlement is
the balance of FMLA leave time not used during the immediately preceding twelve months.
This rolling twelve-month period is referred to as the “FMLA year”.
MAXIMUM LENGTH OF LEAVE
An employee may take up to twelve (12) weeks combined total of “family leave”, “caregiver
medical leave”, “medical leave” or “service member exigency leave” during the FMLA year.
If both a husband and wife are eligible employees, they may take only a combined total of
twelve (12) weeks for “family leave” during the FMLA year, if they do not use FMLA leave
for any other reason. No employee may take more than twenty-six (26) weeks of “military
caregiver leave” during the FMLA year, if the employee does not use FMLA leave for any
other reason. If an employee requests both “service member exigency leave” and “military
caregiver leave” the employee may take only a combined total of twenty-six (26) weeks of
leave for theses two reasons during the FMLA year, if FMLA leave is not used for any other
reason. If both a husband and wife are eligible employees, they may take only a combined
total of twenty-six (26) weeks of “military caregiver leave” during the FMLA year, if they do
not use FMLA leave for any other reason.
PROCEDURE FOR REQUESTING FMLA LEAVE
Notice of an absence qualifying for FMLA leave may be given by the employee or the
employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) if
the employee is unable to do so personally. To enable the District to promptly and
efficiently process the leave request, employees (or spokespersons) should make all requests
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for FMLA leave to the Family and Medical Leave Coordinator and must provide enough
information to make the District aware that a need for FMLA leave exists. For example,
under most circumstances, “calling in sick” does not provide enough information to inform
the District an employee needs FMLA leave. Employees must assist with the completion of
any requested written documentation to set forth the reasons for the requested leave, the
anticipated start of the leave, the anticipated duration of the leave, and anticipated return-to-
work date. If a manager, supervisor, and/or timekeeper are made aware of an employee’s
circumstance that might qualify for FMLA leave under this policy, the manager, supervisor,
and/or timekeeper must advise the employee to contact the Family and Medical Leave
Coordinator with information regarding those circumstances.
TIME FRAMES FOR EMPLOYEE NOTICE
The District requires employees to provide notice of the absence and need for an FMLA
leave in a timely manner. Failure to do so may result in a delay in taking leave or denial of
the leave, depending on the circumstances.
Foreseeable Absences/Scheduled Medical Treatments: When an employee is aware
of a need for an FMLA leave (such as for scheduled medical treatment or a
scheduled child deliver date), the employee must give notice of the need for FMLA
leave at least thirty (30) days before the date the employee wants the leave to begin.
If the employee learns of the need for leave to begin in less than thirty (30) days, the
employee must give notice of the anticipated absence either the same day or the next
business day. In particular, when planning medical treatment, the employee must
consult with the Family and Medical Leave Coordinator and his or her manager or
supervisor to make a reasonable effort to schedule the treatment so as not to disrupt
unduly the District’s operations, subject to the approval of the health care provider,
and to work out a treatment schedule which best suits the needs of both the
employer and the District.
Unforeseeable Absences: If an absence and need for FMLA leave is unforeseeable
and advance notice of the absence is not possible, the employee must provide as
much notice as is practical under the circumstances. For example, while the District
expects employees who will be absent from work to follow designated call-in
procedures, if an employee requires emergency medical treatment and has no
spokesperson (e.g., spouse, parent, doctor or nurse) who could call for him or her,
the employee would not be required to follow the call-in procedure until his or her
condition is stabilized and the employee has access to, and is able to use, a phone.
MILITARY CERTIFICATIONS
An employee’s request for “service member exigency leave” must be supported by a
certification that the service member is on active duty or has been called to active duty,
unless it is impossible or impracticable to obtain such certification within a reasonable period
following the request or need for leave.
MEDICAL CERTIFICATION AND RECERTIFICATION OF A SERIOUS HEALTH CONDITION
If an employee requests “caregiver leave”, “medical leave”, “military caregiver leave”, the
District will require a medical certification of the employee’s or family member’s health
condition an the probable length of time treatment will be required. If the leave is requested
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to care for a qualifying family member with a serious health condition, the District will
require an additional certification regarding the necessity for the employee to provide care to
the family member. The District also may require recertification on a reasonable basis
during the leave. Recertification may also be required if an employee’s or family member’s
serious health condition lasts longer than an FMLA year. Certifications must be provided on
the Certification of Health Care Provider forms. Failure to provide requested certifications may
result in delay or denial of the requested FMLA leave and potential treatment of the absence
as unexcused, which may lead to discipline, up to and including discharge.
SECOND / THIRD OPINION ON CERTIFICATION
To verify any certification given by a health care provider, the District may require the
employee to obtain a second medical opinion from another health care provider we choose
at District expense. If the second opinion differs from the certification provided by the
employee’s health care provider, the District may require, at District expense, the opinion of
a third health care provider selected jointly. The third opinion will be final and binding.
DESIGNATION BY DISTRICT
If the District determines that an employee’s absence is covered by this policy, including an
absence that could qualify for another type of leave, the District may designate the absence
as FMLA leave covered by this policy and count the absence toward the employee’s twelve
(12) weeks [or twenty-six (26) weeks, if applicable] of FMLA leave.
USE OF AVAILABLE PAID LEAVE
FMLA leave is unpaid leave. However, all District employees are required to use all paid
leave (i.e. sick leave, personal leave, vacation and sick bank grants) starting the first day of
FMLA leave unless the employee’s absence is related to an on-the-job injury covered by
workers’ compensation insurance for which the employee receives workers’ compensation
benefit payments during the FMLA leave covered by this policy or related to a disability for
which an employee is receiving short or long term disability payments during the FMLA
leave covered by this policy. It shall be the employee’s responsibility to inform the District if
he/she is receiving short or long term disability payments.
This also applies to a FMLA leave that is taken either intermittently or through a reduced
work schedule.
When paid leave is exhausted, providing the employee is FMLA eligible, he/she may
continue FMLA leave in a non-paid status or return to work.
FORMS OF FMLA LEAVE (Consecutive, Intermittent, or Reduced Work Schedule / Duties)
FMLA leave under this policy generally should be taken in a single consecutive absence up
to the twelve (12) weeks or twenty-six (26) week maximum. But under some circumstances,
employees may take leave under this policy “intermittently”, which means taking leave in
short blocks of time (of no less than one quarter hour increments) while continuing to work.
Under other circumstances, employees may take “leave” under this policy through a
reduction of the employee’s normal weekly or daily work schedule while retaining equivalent
pay and benefits as the employee’s usual job. Intermittent or reduced-schedule leave may be
granted, if necessary, for a “caregiver leave”, “medical leave”, “service member exigency
leave”, or “military caregiver leave”. “Family leave” must be taken in consecutive
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workweeks, unless approved in advance in writing by the Family and Medical Leave
Coordinator. Regardless of the form of leave, in all cases, the total FMLA leave during the
FMLA year will not exceed the maximum length allowed by this policy.
LIMITATIONS ON INTERMITTENT LEAVE AND LEAVE NEAR THE END OF ACADEMIC
TERM FOR INSTRUCTIONAL EMPLOYEES
Specific rules apply with regard to instructional employees who take intermittent leave or
leave on a reduced leave schedule, or leave near the end of an academic term (semester).
“Instructional employees” are those whose principal function is to teach and instruct
students in a class, a small group, or an individual setting. This term includes not only
teachers, but also athletic coaches, driving instructors, and special education assistants such
as signers for the hearing impaired. If an employee has questions regarding whether the
“instructional employee” designation applies, please contact the Family and Medical Leave
Coordinator.
With regard to intermittent leave or leave on a reduced leave schedule that is foreseeable
based on planned medical treatment where the employee would be on leave for more than
twenty percent (20%) of the total number of working days over the period the leave would
extend, the District 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 the
recurring periods of leave than does the employee’s regular position.
These rules apply only to leave involving more than twenty percent (20%) of the working
days during the period over which the leave extends. For example, if an instructional
employee who normally works five (5) days each week needs to take two (2) days of FMLA
leave per week over a period of several weeks, this rule would apply. If an instructional
employee does not give the 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. “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 an interrupted period of leave.
With regard to leave taken near the end of a semester, there are different rules that apply for
instructional employees who begin leave more than five (5) weeks before the end of a term,
less than five (5) weeks before the end of a term, and less than three (3) weeks before the end
of a term. If an employee’s leave request falls into one of these categories, that employee
should contact the Family and Medical Leave Coordinator to discuss the limitations that
apply to these categories.
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.
NO OUTSIDE EMPLOYMENT DURING FMLA LEAVE
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Employees may not accept employment with another employer and may not actively engage
in self-employment while on any FMLA leave of absence covered by this policy. If the
employee does so, the District will consider the employee to have voluntarily quit.
REPORTING DURING FMLA LEAVE
While on an approved FMLA leave, employees may be required to report semimonthly or
weekly to the Family and Medical Leave Coordinator regarding the employee’s status and
intent to return to work.
EMPLOYMENT BENEFITS DURING FMLA LEAVE
During an approved FMLA leave, an employee’s health insurance, if any, will continue just
as if the employee had not taken leave. The District will continue to pay any portion of the
premium that would be paid if the employee was working. The employee must make
arrangements to pay on timely any portion of the premium the employee would pay if
working. If an employee fails to pay on time any portion of the premium the employee is
required to pay, the insurance coverage may terminate. Other benefits do not continue or
accrue during FMLA leave. Employees may continue other benefits, if any, as permitted by
the particular benefit plan by making arrangements in advance to make any required
contributions or premium payments.
RETURN-TO-WORK CERTIFICATION / POST-LEAVE ACCOMMODATION
When employee seeks to return to work following an approved medical leave (for the
employee’s own serious health condition), the employee must provide a medical certification
stating whether the employee is able to perform all essential job duties or if there are any
limitations on the employee’s ability to perform essential job duties. Failure to provide the
return-to-work certification may result in delay of the employee’s return to work until the
certification is provided, or possible disciplinary action. If an employee continues to have
physical or mental impairments at the conclusion of a medical leave taken under this policy,
the District will engage in an interactive process with the employee to determine whether an
employee is able to return to work with or without reasonable accommodation. If the
District offers an employee the opportunity to return to work with a reasonable
accommodation and the employee fails to do so, the failure to return to work will be treated
as a voluntary quit.
EMPLOYMENT FOLLOWING FMLA LEAVE
When an employee returns to work as scheduled following FMLA leave, the employee in
most circumstances will be assigned to his or her former job or to an equivalent job with
equivalent pay, benefits, seniority, and working conditions.
Under limited circumstances, the District may be entitled to replace rather than reinstate
certain highly paid “key” employees after or during a FMLA leave. If an employee questions
whether he or she is considered a “key” employee, the employee should contact the Family
and Medical Leave Coordinator.
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FAILURE TO RETURN FROM FMLA LEAVE
The District will consider an employee to have voluntarily quit if the employee does not
return to work on or before the third scheduled work day after an approved FMLA leave
expires. If an employee fails to return to work following FMLA leave, the employee may be
required to reimburse the District for any insurance premiums paid by the District during
the leave, unless the failure to return to work is due to circumstances beyond the employee’s
control, such as the continuation of a serious health condition or an arising of a new serious
health condition.
FRAUD
An employee who fraudulently obtains FMLA leave is subject to disciplinary action, up to
and including termination.
DISTRICT’S DESIGNATION AND APPROVAL OF FMLA LEAVE
It is the District’s responsibility to designate any absence that meets the eligibility
requirements as FMLA. Either the designation of FMLA will occur because of an employee
request for FMLA leave or when the District becomes aware the employee has extended
absence due to an illness or injury of the employee or an employee’s family member.
POLICY COMPLIANCE WITH FMLA LAWS AND REGULATIONS
This policy is based on FMLA laws and regulations and is not intended to be interpreted to
provide any protections or require restrictions not contemplated by FMLA.
TEMPORARY MEDICAL LEAVE
An employee who does not qualify for leave based on the Family Medical Leave Act
(FMLA) of 1993 may take a leave of absence up to thirty (30) business days.
The employee may be responsible for timely payment of all insurance premiums while on
approved leave of absence.
GENERAL PROVISIONS:
In order to qualify for temporary medical leave of absence the following must apply:
• An employee anticipating an absence of five days or more must apply for leave of
absence with the Employee Services Department prior to the absence or within
seven (7) business days of the first day of absence.
• New employees reported to work on the first day of employment.
• The employee does not qualify for Family Medical Leave (FMLA) based on the
following criteria:
• Employee has not been employed with DeSoto County Schools for at least
twelve (12) months;
• Employee has not worked for DeSoto County Schools at least 1250 hours in the
previous twelve (12) months.
• Qualifying for the leave of absence follows the same criteria and procedure as
described in FMLA regulations.
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• Birth of a child and/or to care for a newborn child of the employee.
• Placement with the employee of a child through adoption.
• Care for the employee’s spouse, dependent child, or parent of the employee who
has a serious health condition.
• A serious health condition that renders the employee unable to perform the
function of his/her job.
• All leave of absences require final approval of the Employee Services Department.
• Failure to return to work on the determined return-to-work day will be considered as
a resignation by the employee.
• The employee must use any available accrued paid leave concurrently with the leave
of absence. Otherwise, compensation will not be paid during leave.
• The leave of absence must be used continuously and can only be used once per fiscal
year. It will not be available for intermittent use.
PROCEDURES:
• A request for temporary medical leave of absence must be made on the Request for
Temporary Medical Leave of Absence form complete with the approval of the
Principal/Supervisor and the Employee Services Department.
• Medical documentation supporting the request must be provided to the Employee
Services Department within five (5) days of making the request for leave or within
seven (7) business days of the first day of absence.
• The Request for Temporary Medical Leave of Absence form must be filed in the
employee’s personnel file.
• The Employee Services Department is responsible for approval of the leave of
absence as well as maintaining documentation that is associated with the temporary
medical leave of absence.
• The Employee Services Department must be notified of the expected date the
employee returns. The employee must provide documentation from the physician
stating the employee’s return to work date.
• All forms and/or letters will be issued through the Employee Services Department.
LEAVE OF ABSENCE
In the event an employee desires a leave of absence for a long range illness of the employee
or an immediate family member, he/she must make a written request to the Superintendent
of Education and/or his designee expressing the want. Immediate family member is defined
for this purpose as spouse, parent, stepparent, child or stepchild. The request must state the
specific reason for the leave and the length of time desired. The leave of absence may not
be used in conjunction with Family Medical Leave (FMLA).
Certified employees who have a minimum of five (5) years of continuous employment in a
certified position with DeSoto County Schools may request a sabbatical leave for
professional improvement in advanced studies with an accredited college or university.
While an employee is on leave of absence, he/she will not forfeit any rights previously attained.
Accumulated paid leave will also be retained. However, time spent on leave of absence will not
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contribute in any manner toward work experience credit. Fringe benefits will not apply and
additional leave credits will not accrue during the leave of absence. Said employees may continue
coverage in existing school program benefits provided the premiums for the program benefits are
paid by the employee.
A leave of absence cannot exceed one (1) year. The employee must not accept other employment
during the time of leave.
Upon completion of the leave of absence, an employee must contact the Personnel Department
and make known his/her availability for reemployment. Said employee may be reemployed if an
appropriate vacancy occurs in his/her field of certification.
BEREAVEMENT LEAVE
DeSoto County Schools provides time off work to employees when eligible family members
pass away. The time off will be paid leave if the employee has paid leave available. If no
paid leave is available, then the leave will be unpaid.
Employees will be granted up to five (5) days bereavement leave for an immediate family
member and up to two (2) days for an extended family member.
The bereavement leave policy defines “immediate family” as: spouse, children, parents,
siblings, grandparents, grandchildren, or any person of like relationship by marriage, or any
person standing in loco parentis.
The bereavement leave policy defines “extended family” as: aunt, uncle, cousin, niece,
nephew or any person of like relationship by marriage, as well as former spouse of employee.
DONATED LEAVE POLICY
• For the purpose of this policy, the following words and phrases shall have the
meaning ascribed in the paragraph unless the context requires otherwise:
o “Catastrophic injury or illness” means a life-threatening injury or illness of an
employee or a member of an employee’s immediate family that totally
incapacitates the employee from work, as verified by a licensed physician,
and forces the employee to exhaust all leave time available to that employee.
o “Immediate family” means spouse, parent, stepparent, sibling, child or
stepchild.
• Any school district employee may donate a portion of his or her unused accumulated
personal leave or sick leave to another employee of the same or another school
district who is suffering from a catastrophic injury or illness or who has a member of
his or her immediate family suffering from a catastrophic injury or illness, in
accordance with the following:
o The employee donating the leave (the “donor employee”) shall designate the
employee who is to receive the leave (the “recipient employee”) and the
amount of unused accumulated personal leave and sick leave that is to be
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donated, and shall notify the school district superintendent or his designee of
his or her designation.
o The maximum amount of unused accumulated personal leave that an
employee may donate to any other employee may not exceed a number of
days that would leave the donor employee with fewer than seven (7) days of
personal leave remaining, and the maximum amount of unused accumulated
sick leave that an employee may donate to another employee may not exceed
fifty percent (50%) of the unused accumulated sick leave of the donor
employee
o An employee must have exhausted all of his/her available leave before he or
she will be eligible to receive any leave donated by another employee.
Eligibility for donated leave shall be based upon review and approved by the
donor employee’s supervisor.
o Before an employee may receive donated leave, he or she must provide the
school district superintendent or his designee with a physician’s statement
that states the beginning date of the catastrophic injury or illness, a
description of the injury or illness, and a prognosis for recovery and the
anticipated date that the recipient employee will be able to return to work.
o If the total amount of leave that is donated to any employee is not used by
the recipient employee, the whole days of donated leave shall be returned to
the donor employees on a pro rata basis, based on the ration of the number
of days of leave donated by each donor employee to the total number of days
of leave donated by all donor employees.
o Donated leave shall not be used in lieu of disability retirement.
REF: MS Code Ann. § 37-7-307
JURY DUTY
DeSoto County Schools encourages its employees to fulfill his/her civic responsibilities by
serving jury duty when required.
The District shall provide paid leave for employees selected to serve on juries. The
employee is expected to provide his/her principal or supervisor with a copy of the jury duty
summons as soon as possible so that arrangements may be made to accommodate the
possible absence from work. Employees must obtain documentation from the court clerk
stating the dates he/she reported to jury duty and/or served as a juror. The documentation
must be provided to the Payroll Department within fifteen (15) days upon the employee’s
return to work. Employees are expected to report to work any time they are released from
jury duty during their regularly scheduled hours.
Employees who are eligible for paid jury duty leave will be compensated at his/her base rate
of pay for the number hours he/she normally is scheduled to work that day. Jury fees
received from the court system shall be retained by the employee. Expenses for meals,
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lodging, and travel will not be reimbursed by the District. Employees in the following
classifications are eligible for paid jury duty leave:
• Full-Time Employees
WITNESS DUTY
Employees who are subpoenaed to appear in court as a witness for the District in a case
involving DeSoto County Schools will be paid for the time he/she normally is scheduled to
work and the absence will be considered as “School Business”.
Licensed employees who are subpoenaed to appear and testify in court regarding a subject
arising in the course and scope of the licensed employee’s work, this absence is considered
by the District to be a part of the licensed employee’s professional duties. The absence will
qualify as a paid absence and be considered as “School Business” for the time period the
licensed employee is absent in response to the subpoena to testify. The Superintendent
and/or his designee shall determine whether the subpoena relates to the licensed employee’s
professional duties such as that the licensed employee’s absence qualifies for paid leave.
Should an employee be subpoenaed to appear in court as a witness for reasons other than
the course and scope of their professional responsibilities, the employee may use available
paid leave according to policy guidelines in order to receive compensation for the absence.
The employee will use “Leave without Pay” if no applicable leave is available.
Employees are expected to provide his/her principal or supervisor with a copy of the
subpoena as soon as possible in order to make accommodations for the absence from work.
Employees are expected to report to work when they are no longer required in court during
the regularly scheduled work hours.
MILITARY DUTY
DeSoto County Schools does not discriminate in hiring, reemployment, promotion or
benefits based on membership or service in the United States uniformed services.
Employees of DeSoto County Schools will be granted leave of absence for service in the
uniformed services, provided that:
• The employee provides written or verbal notice of said military service as soon as
practicable, unless precluded by military necessity or impracticability, and;
• The employee’s total length of military service does not exceed five years, and;
• The employee satisfactorily completes his or her military service, and
• The employee remains qualified for employment with DeSoto County Schools, and;
• The employee provides written notice to DeSoto County Schools that he or she
intends to continue employment with DeSoto County Schools within 90 days of the
end of his or her military service.
During the time that an employee of DeSoto County Schools is on leave for military service,
him or her:
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• Will continue to be paid at his or her current rate of pay for the first fifteen days of
military service; these fifteen days are accrued annually and must be used on an
annual basis in conjunction with the employee’s contract or work year (July 1
st
– June
30
th
). Unused days do not accumulate from year to year.
• Will continue to accrue seniority and leave during his or her military service;
• May choose to use his or her accumulated leave time at the beginning of military
service, but is not and may not be required to do so;
• May keep his or her medical insurance provided by DeSoto County Schools to the
same extent as other on-leave employees, for a period of up to two years from the
beginning of military service or until he or she elects not to return to employment
with DeSoto County Schools, whichever occurs first;
• Will be treated for the purposes of retirement as having no break in his or her
employment with DeSoto County Schools.
Upon having completed military service, an employee of DeSoto County Schools will be
reemployed using the following priorities:
• The employee will be employed at the same or a similar position which he or she
would have held had he or she not been absent for military service.
• If the employee is not qualified for the position he or she would have held if not for
the absence, the employee will be employed at the same or a similar position he or
she held upon leaving for military service.
• If the employee is not qualified for either position, he or she will be employed at the
position which most closely approximates the position he or she would have held or
that he or she held upon leaving, with the seniority he or she would have had if not
for the absence.
DeSoto County Schools will provide notice to its employees of their rights under this policy
and under Mississippi and federal law, as required by law.
LEGAL REF.: Miss. Code Ann. (1972) §33-1-21, 38 U.S.C. 4312 et seq.
X. USE AND MONITORING OF ELECTRONICS AND
EQUIPMENT
Accessing the Internet
To ensure security and avoid the spread of viruses, employees accessing the Internet through
a computer attached to the District’s network must do so through an approved Internet
firewall or other security device. Bypassing the District’s computer network security by
accessing the Internet directly by modem or other means is strictly prohibited unless the
computer in use is not connected to the District’s network.
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Frivolous Use
Computer resources are not unlimited. Network bandwidth and storage capacity have finite
limits, and all users connected to the network have a responsibility to conserve these
resources.
As such, employees must not deliberately perform acts that waste or endanger computer
resources or unfairly monopolize resources to the exclusion of others. These acts include,
but are not limited to, sending mass mailings or chain letters, opening unsolicited
commercial e-mail, spending excessive amounts of time on the Internet, playing games,
engaging in online chat groups including Instant Messenger or other similar programs,
uploading or downloading large files including MP3 files, accessing streaming audio and/or
video files, subscribing to non-business related groups, or otherwise creating unnecessary
loads on network traffic associated with non-business-related uses of the Internet.
Virus Detection
Files obtained from sources outside the District, including disks brought from home, files
downloaded from the Internet, news groups, bulletin boards, or other online services; files
attached to e-mail, and files provided by vendors, may contain dangerous computer viruses
that may damage the District's computer network.
Employees should never download files from the Internet, accept e-mail attachments from
outsiders, or use disks from non-DCS sources, without first scanning the material with
District-approved virus checking software. If you suspect that a virus has been introduced
into the District's network, notify the Network Administrator immediately.
The various electronic communications systems should never take the place of a personal
visit when working in an environment that promotes "team work." Sensitive personnel
issues should always be handled in person, especially where disciplinary communication
and/or action is concerned. Any employee who violates this policy or uses electronic
communication systems for improper purposes shall be subject to discipline, up to and
including termination.
Solicitation and Distribution of Literature
The District prohibits soliciting for any cause or distributing goods or literature, handbills,
circulars, or other printed materials at any time when:
• The distribution occurs in a working area;
• The employee soliciting or distributing is on work time (which excludes breaks,
lunch periods, and other periods when an employee is not expected to be working
such as before and after work); or
• The employee being solicited or receiving the distribution is on work time (which
excludes breaks, lunch periods, and other periods when an employee is not expected
to be working such as before and after work).
• The District restricts at any time on its property:
• Solicitation to individual employees;
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• The sale or distribution by non-employees of any products such as cosmetics,
hosiery, clothing, tickets to sporting and entertainment events, raffles or
lotteries, and pools; and
• The distribution by non-employees of literature, including but not limited to,
any promotional and/or advertising materials.
Illegal Copying
Employees may not illegally copy material protected under copyright law or make that
material available to others for copying. Employees are responsible for complying with
copyright law and applicable licenses that may apply to software, files, graphics, documents,
messages, and other material employees wish to download or copy. Employees may not
agree to a license or download any material for which a registration fee is charged without
first obtaining the express written permission of the District.
EMPLOYEE USE OF ELECTRONIC MEDIA
Employees of DCS have access to a variety of forms of electronic media and services,
including computers, networks, electronic mail, fax machines, printers, and the internet.
These services are made available to employees in order to help them perform their jobs as
efficiently and effectively as possible and should not be misused.
All employees should remember that electronic media and services provided by the District
are the property of the District and their purpose is to facilitate and support the District. No
right of privacy exists in favor of any employee of the District with respect to information
placed on the electronic media systems by such employee. All electronic media systems,
including but not limited to desktop PCs, laptop PCs, networks, electronic mail, telephone
and fax records, printed documents, Internet activity, computer disks and CDs stored in the
District’s offices are subject to review by the District. The District has the right to review,
audit, interrupt, access and discloses messages created, received, or sent over the electronic
media systems of the District.
Furthermore, the District has the right to utilize software that makes it possible to identify
and block access to Internet sites containing sexually explicit or other material deemed
inappropriate in the workplace.
The District or its authorized designee reserves the right to review at any time, all
information contained in these systems (even if previously deleted or archived).
Prohibited Uses
Employees are strictly prohibited from using work time, equipment, or technology for
personal or entertainment use or for using the voice mail, e-mail or other electronic
communications systems/computer network in connection with any of the following
activities:
• Engaging in illegal, fraudulent, or malicious activities;
• Utilizing the computer network and DCS property to obtain, display, copy, store,
transmit or otherwise distribute materials that are defamatory, sexually explicit,
discriminatory, or otherwise offensive in nature (also includes via e-mail or any other
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form of electronic communication such as bulletin boards, chat rooms, Usenet
groups, etc.);
• Utilizing the computer network to disseminate, view or store commercial or personal
advertisements, solicitations, promotions, destructive code (e.g., viruses, self-
replicating programs, etc.), political material, pornographic text or images, or any
other unauthorized materials.
• Sending (uploading) or receiving (downloading) copyrighted materials, proprietary
financial information, or other forms of information deemed to be confidential to
outside parties or unauthorized internal parties;
• Using another individual’s account or identity without explicit authorization;
• Attempting to test, circumvent, or defeat security or auditing systems;
• Permitting any unauthorized individual to access the electronic media and services of
the District.
Distribution of Confidential Information
Unless expressly authorized to do so, employees are prohibited from sending, transmitting,
or otherwise distributing proprietary information, data, or other confidential information
belonging to the District. Unauthorized dissemination of such material may result in severe
disciplinary action as well as substantial civil and criminal penalties under state and federal
Economic Espionage laws.
Material developed by employees under the scope of their employment at DCS becomes the
property of the District and must be treated as such.
Telephones
Telephones are an integral part of communications within our District. Therefore,
telephones should be used primarily for school business purposes. Personal calls are
permitted to a reasonable extent; however, they must be limited and this privilege not
abused.
Employees who have access to school cell phones are to understand the device is used in
order to help them perform their jobs as efficiently and effectively as possible and not to be
used for personal matters in any way. All principals/supervisors are asked to submit a
written request to the accounts payable department with the employee’s name, school
location and description of job for use of the phone. Personal cell phones of instructional
personnel should be turned off or on vibrate during instructional time.
Employees upon resignation or termination must return all District property on or before
the last day of work. All phones are fixed assets of the District. All transfers and surplus of
equipment must have the appropriate paperwork submitted to the person in charge of fixed
assets.
PERSONAL REFRIGERATORS, MICROWAVES, AND/OR COFFEE POTS
Personal refrigerators, microwaves, coffee pots, and open-flamed candles are not allowed in
classrooms or offices. These items are a safety hazard and do not meet our energy
management goals.
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Employees with medical issues requiring refrigeration of medicines may receive a waiver to
this policy approved in writing by his/her supervisor.
Conservation of Energy
All employees in the DeSoto County School District are responsible for conserving energy
and natural resources. Energy costs are a major expenditure in the school district’s budget.
The school district maintains records of energy consumption and energy costs and this
information will be used to monitor energy use throughout the school district. The
information will be available to the news media and to the general public so that the school
district may share its goals of conserving energy and the progress that the school district is
making in energy conservation. Employees are expected to set a good example for students
regarding energy conservation and encourage students to conserve energy and natural
resources.
Purchasing
All employees are expected to adhere to the purchasing procedures established by state law.
All purchases made in the name of the DeSoto County School District must have a purchase
order before the purchase is made. The District is not obligated to reimburse an employee
for purchases made without the prior approval of a purchasing agent. At the school level,
the principal is the only purchasing agent.
Sales tax must be paid on any items to be resold. If purchased directly from a vendor, the
sales tax must appear on the invoice. If not, the items must be returned and repurchased
properly. Not following procedure is in violation of the State Tax Code.
Receipts and invoices are required for every purchase order. The only exception is for
employee reimbursement for meals or mileage associated with his/her personal travel.
Do not give the District’s tax identification number to any organization to use without the
consent of the Central Office. This includes PTO’s, PTA’s, and booster clubs.
Employees of the District may not be an authorized signer on a checking account for any
PTO, PTA, or booster club that supports any school in the District.
Use of Equipment and Vehicles
Equipment and vehicles owned by the DeSoto County School District are expensive and
may be difficult to replace. When using equipment and vehicles essential to accomplishing
job duties, employees are expected to exercise care, perform required maintenance, and
follow all operating instructions, safety standards, and procedures.
If any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of
repair, employees should notify their immediate supervisor. Prompt reporting of damages,
defects, and the need for repairs could prevent deterioration of equipment and possible
injury to employees and others. The supervisor should be able to answer any questions
about an employee’s responsibility for maintenance and care of equipment or vehicles used
on the job.
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Use and Return of District Property
Employees are responsible for items issued to them by DCS or in their possession or
control, such as the following:
• Books and educational materials (including calculators)
• Official grade books and student work needed for grades
• Equipment
• Keys
• Manuals including this Employee Handbook
• Protective equipment
• Tools
• Vehicles
• Written materials
• ID Badge
• All other items purchased by federal and/or District funds
The employee must return all DCS property on or before the last day of work, according to
procedures established by the school district. Failure to promptly return any school district
property in the employee’s possession will result in action to recover the property by any
legal means.
XI. PERFORMANCE EXPECTATION AND
EVALUATION
EVALUATION OF LICENSED PERSONNEL
DCS utilizes both formative and summative evaluation of its licensed employees. Formative
evaluations may be viewed as growth-oriented supervision and is designed to help teachers
and other licensed personnel improve their instructional skills. Its purpose is primarily
developmental. Summative evaluations, on the other hand, assesses competency and is used
for accountability purposes.
According to School Board policy, the Superintendent, utilizing central office personnel,
principals, and other personnel he/she deems necessary, will observe and evaluate licensed
employees in accordance with the District adopted and state approved Teacher Appraisal
Program. All teachers shall be observed at least twice each year. At least one of these
observations shall be done during the first semester. A conference shall be held following
each formal observation. Each licensed teacher shall be formally evaluated once during each
school year.
After a teacher has been observed twice and the teaching performance is deemed
unacceptable in the judgment of the principal, the teacher may be placed under intensive
supervision. During this time the teacher will have a conference with the principal and/or
observer(s) and may expect frequent observations from the principal and/or central office
staff. When, in the opinion of the principal, necessary adjustments have been made and
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teacher performance has become acceptable, intensive supervision shall be terminated. In
the event performance does not improve to an acceptable level, the principal may take
necessary action to recommend to the Superintendent non-renewal of contract.
At any time during the observation/evaluation process, a teacher may request a conference
with the observer and/or evaluator for the purpose of discussing and providing input
regarding the evaluation and/or observation.
PROFESSIONAL DEVELOPMENT
In accordance with the DeSoto County School District’s commitment to excellence among
its employees, the school district shall provide opportunities for professional development
for all its employees that complements and supports the District’s educational program. The
Superintendent or his designee shall appoint annually a District-wide committee, comprised
of representatives to fulfill professional development plans.
The plan shall contain the following components:
• Goals and objectives which specify what the professional development program is to
accomplish.
• Assessment of District professional development needs through on-the-job
performance evaluations.
• Collaborative structures as evidenced by a District-level professional development
committee.
• Program implementation strategies addressing professional training activities and
support activities.
• A plan for determining successful completion of the professional development
program.
• Program evaluation strategies.
• Program review and revision strategies, which specify how evaluation information
will be used to revise the professional development program.
• Provisions for conducting professional development an activity during the District’s
stated contractual working hours.
• The professional development program shall be evaluated and revised annually to
remain compatible with the mission and performance needs of the school district,
and the results of the evaluation shall be summarized and presented to the
superintendent in written form.
• Successful completion of the approved professional development program shall be a
consideration for continued employment. The hours and/or days needed to
accomplish these activities will be designated in the professional development plan.
PROGRESSIVE DISCIPLINE
The purpose of this policy is to state DCS’ position on administering equitable and
consistent discipline for misconduct and unsatisfactory job performance in the workplace.
The intent of progressive discipline is to reinforce the conduct and performance standards
of the District and to focus on meeting those standards. If an employee does not meet these
or other standards, DCS may take corrective action. DCS’ goal is to ensuring fair treatment
of all employees and making certain that corrective actions are prompt, uniform and
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impartial. Progressive Discipline emphasizes the individual's responsibility for improving
performance or conduct while providing consequences for the lack of acceptable progress.
Progressive Discipline may include a verbal warning, written warning, probation, or
termination of employment, depending on the nature and severity of the issue. It should be
noted that there may be circumstances when one or more steps are bypassed.
Progressive Discipline may consist of the following actions when applicable:
Verbal Warning
The employee’s supervisor brings the conduct or performance issue to the employee’s
attention, verifies the employee understands the standards, suggests how the problem may
be remedied and warns the employee against further occurrences. A copy of the verbal
warning (signed by both the employee and supervisor) will be placed in the employee’s
personnel file in the Employee Services Department.
Written Disciplinary Warning
If the same or a separate issue occurs, the employee may receive a written warning that refers
to the verbal warning, states the nature of the problem, required corrective counseling and
possible consequences if the problem is not corrected. A copy of the written warning
(signed by both the employee and supervisor) will be placed in the employee’s personnel file
in the Employee Services Department.
PRE-DISMISSAL REVIEW
Supervisors/Principals are required to discuss the reason for an employee’s pending
termination with the Director of Employee Services and the Associate Superintendent of
Personnel prior to dismissing the employee. Pre-Termination checklists are available upon
request to Supervisors/Principals through the Employee Services Department.
Dismissal
The goal of corrective counseling is to provide an employee with the opportunity to correct
performance or conduct issues and become a productive member of DCS’ team. However,
if issues persist despite discipline, the employee may be dismissed. Dismissal for
unsatisfactory conduct or performance may make an employee ineligible for re-employment.
There are certain types of employee issues that may warrant termination of employment
without progressing through the outlined corrective/discipline steps. An employee may be
discharged without notice for serious offenses including, but not limited to, failure to
perform adequately the duties and responsibilities of the job; frequent absences or tardiness;
unauthorized disclosure of employee or school confidential information; rude or
discourteous behavior towards visitors, administration or other employees, including the use
of foul language, profanity, or vulgarity; solicitation of gratuities, gifts, rebates or bribes from
visitors, or vendors; sexual or other forms of harassment; flagrant neglect of work;
insubordination; possession of or being under the influence of alcohol or a controlled
substance while on school business or school premises; theft; physical assault on a fellow
employee; falsification of any records, including time sheets, expense reports or other
District documents; possession of weapons on school premises; willful destruction of
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school property; or for any other action having an adverse impact on the work and the
reputation of the District.
Additionally, conduct outside the workplace including, but not limited to, violation of the
law and/or actions that may involve material risk to District operations and/or potential
damage to the District’s reputation/good standing in the community may give rise to
discipline, up to and including termination of employment. Therefore, it is the employee’s
responsibility to inform the District immediately of convictions of any criminal offenses.
Failure to notify the District may subject the employee to disciplinary action, up to and
including termination of employment.
GRIEVANCE PROCEDURE
Every employee in the DeSoto County School District will be treated fairly and with dignity,
and it is the belief of the Board of Education that most conflicts and misunderstandings can
be resolved through open communication, discussion and compromise. However, when an
issue cannot be resolved in this manner, there is a grievance procedure that an employee may
follow to secure, at the first possible administrative level, an equitable resolution to any
grievance.
The following definitions shall apply in this grievance procedure:
• A “grievance” is a complaint by an individual based upon an alleged violation of a
person’s rights under state or federal law or board policy.
• A “grievant” is a person or persons making the complaint.
• The term “days” shall mean working school days and shall exclude weekends or
vacation days.
PROCEDURES FOR PROCESSING GRIEVANCES
Grievances shall be processed in accordance with Board Policy GAE as previously stated in
this handbook.
SEPARATION PROCEDURES
If for personal or professional reasons an employee elects to resign from DCS, he or she
should give proper notice in writing. DCS requests employees to give a minimum of a two
(2) week notice in writing, or per the terms of the contract if applicable. Teachers are
requested to give a thirty (30) day notice. When an employee resigns, all full paid
accumulative accruals will be reported to Public Employees’ Retirement System of
Mississippi (PERS) per written request of employee. Insurance programs will terminate on
the last day of the month in which termination occurs. Continuation and conversion of
insurance coverage are available in accordance with local, state and federal laws.
ABANDONMENT OF JOB
An employee who is absent from his/her employment and who has not informed his/her
Principal/Supervisor shall, after two (2) consecutive days of such unauthorized absence, be
considered to have abandoned the position and will be considered as grounds for
termination, unless it is shown by the employee that special circumstances prevented
him/her from reporting to the place of work.
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EMPLOYEE HANDBOOK RECEIPT AND
ACKNOWLEDGMENT
I, _________________________________________ have received this Employee
Handbook for DeSoto County Schools. I acknowledge my responsibility to familiarize
myself with the contents of this employee handbook and I agree to comply with all the
described policies and procedures.
_____ I acknowledge my receipt of the Mississippi Educator Code of Ethics which is
included in this Employee Handbook and I agree to comply with the stated
standards concerning personal and professional conduct.
“At- Will” Employees
I understand and agree that I am an “employee-at-will”. I understand my employment is for
an unspecified period of time, and that either the District or I may terminate employment at
any time, with or without reason or notice. I understand the policies described in this
handbook do not explain every employment situation. These are merely guidelines. Further,
I acknowledge the employee handbook is NOT an employment contract, nor is it intended
to create any contractual rights, obligations, or guarantees of my future employment with the
District. In addition, I understand no one has the right to alter the employment-at-will
relationship other than the Superintendent.
Licensed Employees
I understand I am a “licensed” employee. I understand the policies described in this
handbook do not explain every employment situation. These are merely guidelines. I
understand that District management, in accordance with legitimate District considerations,
may make exceptions and clarifications to these policies. Further, I acknowledge that the
District may add, change, or delete any policy in this policy handbook with or without
notice.
If I have any questions about any policy in this handbook, I understand I may speak with my
primary supervisor, the Employee Services Department, or the Superintendent.
Furthermore, this employee handbook is the property of DeSoto County Schools. I
understand it has been compiled for information purposes only, and it is to be returned
when I leave the employment of this organization.
Check Applicable: _____ “At – Will” Employee _____ Licensed Employee
Signed: _______________________________________________
Date: ________________________________________________
cc: Employee Services Personnel file
EMPLOYEE HANDBOOK REVISION 2011
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NOTES
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AMENDMENTS
