Special School District (SSD) Effective Date: 8/12/2013. Organization, Policies, and Absence of Policy

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1 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Organization, Policies, and Absence of Policy ************************************************************************ Organization Special School District (SSD) was established to serve students with hearing, visual, or orthopedic impairments, and students who are confined to public health or correctional facilities. SSD is led by the SSD Superintendent. SSD includes two distinct branches: Louisiana Special Schools (LSS) and Special School Programs (SSP). LSS is led by the LSS Superintendent, and includes the Louisiana Schools for the Deaf and Visually Impaired (LSDVI) and the Louisiana Special Education Center (LSEC). LSDVI operates two distinct educational and residential programs, the Louisiana School for the Deaf (LSD) and the Louisiana School for the Visually Impaired (LSVI), on a shared campus, with shared services, including diagnostic and therapeutic services, and operational services. LSDVI operates on a traditional school year, with summer enrichment programs offered. LSEC operates a year round residential program for students with severe orthopedic impairments. LSD, LSVI, and LSEC are led by School Directors, and Division Directors lead the shared services Divisions. SSP operates year round, providing the special education program to supplement the general education program offered by the Office of Juvenile Justice (OJJ) and the Department of Corrections (DOC) in their facilities, and providing the entire educational programs in facilities operated by the Department of Health and Hospitals (DHH). SSP is also authorized to provide educational services in other facilities where students are placed by public agencies. Students in OJJ and DOC facilities are in those facilities by court order, based on criminal conduct. Students in other facilities may be court ordered, referred by a medical professional, placed by family, placed by another state agency, or placed through the Coordinated System of Care (CSOC). SSP is divided into regions throughout the state, and each Region is led by a Regional Coordinator. Appointing Authority All actions affecting personnel or positions must be approved by an Appointing Authority. The State Superintendent of Education is the statutory appointing authority for SSD. The State Superintendent has delegated administrative and appointing authority for SSD to the SSD Superintendent, and the SSD Superintendent may further delegate appointing authority, to appropriate administrators, to enhance the efficient and orderly operation of SSD. Policies With the beginning of the school year, SSD is consolidating policies and issuing a new set of policies applicable to SSD employees. The policies promulgated at the beginning of the

2 school year, and in the future, supersede previous employee policies applicable to SSD or individual schools. SSP employees, who work at facilities not operated by SSD, will continue to be governed by facility policies, as well as SSD policies. Policies do not create an employment contract. Employees who are not permanent or tenured are at will employees. SSD has the right and obligation to amend policies when appropriate to address district needs. The SSD Superintendent has the authority to grant exceptions to policies, in the best interest of SSD. Human Resources LSDVI and LSEC have Human Resources Offices to administer employment matters for their employees. Employment matters for SSP are administered by the Department of Education s (DOE) Human Resources Office, and SSP employees are governed by DOE policies relating to the administration of employment matters. SSD policies will indicate when SSP employees should follow DOE policies. The Human Resources Director or Administrator is responsible for maintaining archived policies. The Human Resources Director or Administrator has the authority and responsibility to ensure that all employees are qualified for the positions they hold, and that all personnel actions are taken by the appointing authority and comply with applicable law, including Civil Service Rules. The Human Resources Director or Administrator has the authority and responsibility to establish internal controls necessary to ensure compliance. No employee shall gain any entitlement or property right to any position or pay found to have been awarded to him or her in violation of applicable law. Availability of Policies LSDVI and LSEC will post updated employees on the school s intranet, and updated policies will be available in the Human Resources Office. SSP employees, due to their assignments in non SSD facilities, may not have intranet access. SSD policies are available from Regional Coordinators, and DOE policies are available from DOE s Human Resources Office. Absence of Policy In the absence of written policy, decisions are to be guided by the goal of providing a safe and secure educational environment for our students, while complying with all applicable law. In the absence of written policy, it shall be the responsibility of each School or Division Director and each Regional Coordinator to determine the best course of action to take. This decision shall be based on current policy and practice, historical knowledge of past activities, and the sense of what is the most efficient and effective action for the operation of the school. These administrators are expected to use good judgment in their daily decision making, including advising the SSD or LSS Superintendent when they have been required to make a decision in the absence of policy, recommending that a policy be

3 created to address similar circumstances, particularly when an issue may impact other areas of the District, and recognizing when it is appropriate to create a protocol/procedure. Procedures/Protocols Each area is authorized to create forms and procedures/protocols for ease and efficiency of work, to ensure that safety practices are consistently followed, to ensure compliance with applicable laws or regulations, or for other reasons to promote smooth operation. Procedures/protocols, whether new or existing, do not supersede policies approved by the SSD Superintendent, and may not be used to excuse non compliance with policy or applicable law. When an area within SSD implements procedures/protocols, each immediate supervisor is responsible for ensuring that they have been explained to each employee responsible for implementing them, and that each employee responsible for implementing them has access to a usable copy, whether paper or electronic.

4 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Americans with Disabilities Act ************************************************************************ The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, and other terms, conditions and privileges of employment. It is the policy of SSD to abide by the requirements of the ADA. SSD does not discriminate against qualified individuals with disabilities, or regarded as having disabilities. SSD will provide reasonable accommodations, on request, to qualified individuals with disabilities. An individual who needs accommodation for a disability should make a request to the Human Resource Office. The Human Resources Director or Administrator or designee will work with the employee and the school or division to review the request and take necessary action. Violations of this policy should be reported to the Human Resources Office.

5 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Equal Employment Opportunity ************************************************************************ SSD reaffirms its policy for Equal Employment Opportunity (EEO) by hereby stating that no person shall, on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or veteran status, be discriminated against in any employment practice, as provided by federal and state law. All SSD personnel with responsibility for recruitment, appointment, placement, evaluation, training or any other aspect of personnel management are charged with the responsibility of seeing that this policy is successfully implemented by giving it full support through active cooperation and personal example. Employees who fail to adhere to the Equal Employment Opportunity Policy are subject to disciplinary or other corrective action. Violations of this policy should be reported to Human Resources or the SSD Superintendent.

6 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Grievances (Classified Employees) ************************************************************************ Applicability This policy applies to classified employees of LSS. Classified employees of SSP will follow the Department of Education s Grievance Policy. Unclassified employees of both LSS and SSP will follow the Grievance Policy for Unclassified employees. General Provisions The goal of this grievance policy is to provide an orderly and efficient method for airing and resolving employee complaints about conditions and policies within LSS, through the normal chain of command within the schools. The Human Resources Office will administer the grievance program, and all documents created in the grievance procedure must be copied to the Human Resources Director or Administrator. These documents will not be maintained in public files. The Human Resources Director or Administrator is responsible for analyzing trends in grievances, including recurring issues or areas of work. No reprisals of any kind shall be taken by either party as a result of the use of a grievance or by any member of the administrative staff against any grievant by reason of such participation. All decisions rendered at all levels beyond the Informal Step of the grievance procedure shall be in writing setting forth the decision and the reasons thereof and shall be transmitted to appropriate parties, and the Human Resources Director or Administrator. The official designated to hear the grievance at any step may elect to conduct a meeting or hearing personally, by committee, or via designee. The official, however, remains responsible for rendering the final decision at that grievance step. In a grievance, the person against whom the grievance complaint is made shall have the right to give a statement. Grievances may be consolidated if they are filed by the same employee, or if they are filed by two or more employees over the same issue. For good cause shown, extensions of time shall be granted to either party. The date on a certified return receipt, a hand delivered receipt, or 7 calendar days from the date of mailing by regular mail to the last address provided by the employee shall be sufficient

7 evidence that a decision or communication was sent or received by the parties. transmissions are not acceptable as proofs of delivery. Fax An employee who files a grievance has no right to representation. The Department of Civil Service cautions against granting such rights in an agency grievance procedure, as a grievance procedure is not designed to be an adversarial process. A grievant may ask to be accompanied by someone at a grievance meeting or hearing, with five days notice to the person assigned to conduct the meeting or hearing at that step. The person responsible for conducting the meeting or hearing has the authority to exclude anyone who disrupts the grievance process, or turns it into an adversarial process. School funds may not be used to pay the salary, travel, or per diem of employees who represent grievants. Every effort shall be made to conduct all functions pertaining to the grievance in such manner so as not to impair delivery of essential services. Matters That May Be Grieved This policy applies to all classified employee complaints, except as follows: Civil Service Rules specifically state that performance evaluations may not be addressed through the grievance process. Employees may address other matters that are under the jurisdiction of the Civil Service Commission or the Department of State Civil Service (e.g., appeals of disciplinary action), through the grievance process; however, be aware that using the grievance process to address those matters does not extend the time to file the matter with the Civil Service Commission. Employees may not address performance letters, such as letters of counseling or reprimand, through the grievance process. Those matters are handled through a response to the letter. Complaints of harassment may be made through the grievance process, or directly to Human Resources. Summary Disposition of a Grievance An appointing authority, including a delegated appointing authority, may summarily dispose of a grievance, if: A decision on the grievance would be ineffective or moot. The grievant has no legal right to grievance consideration. The remedy requested cannot be granted. The grievance is being used to impede the efficient operation of SSD.

8 The grievance has not been made in the required manner or within the prescribed period of time. A decision on the grievance would be ineffective. The grievant has failed to appear at the time and place fixed for his/her grievance. The grievant has withdrawn or abandoned his/her request for grievance consideration. The grievant is not employed by SSD. When an appointing authority dismisses a grievance, he or she shall notify the grievant and any supervisor or section head who received the grievance. Entering the Grievance Process Employees shall enter the grievance process at the step wherein their immediate supervisor is identified as the person designated to receive the grievance. In cases where a grievance is lodged against the employee s supervisor, where the supervisor does not have authority to grant relief, or where other extenuating circumstances exist, the employee may proceed to the next step, but must show good cause for not using the chain of command to attempt to resolve the complaint. The fact that the employee prefers not to go through the chain of command is not good cause. The supervisor, at the requested step, shall review the grievance justification for bypassing the lower step(s) and either act on the grievance or return the grievance to the lower level. Processing a Grievance Grievances must be submitted on the appropriate grievance form. Grievances must comply with procedures and timelines established in this policy. Failure to comply with procedures and/or timelines, except for documented extensions or extenuating circumstances, shall: Result in dismissal of the grievance if violated by the grievant. Result in the grievance being sustained if violated by the hearing party. Informal Step Grievances should be resolved at the lowest supervisory level possible, through informal conversations between employees and supervisors. We expect that employees will discuss their issues with their supervisor, and give the supervisor time to address the matter, before filing a formal grievance. First Formal Step If informal discussion does not resolve the matter, the grievant may, within 15 work days of the date the grievant became aware, or should have become aware, of the cause of the grievance, file a formal grievance with the Department Head.

9 The Department Head shall arrange to meet with the grievant within 10 work days from receipt of the grievance. The Department Head shall afford the grievant an opportunity to present his/her viewpoints and shall attempt to resolve the grievance, which may include involving all parties concerned in a discussion of the grievance. A written report containing any decision reached shall be rendered within 5 work days of the meeting. The grievant shall be entitled to submit a written statement to supplement the report. The report, grievance, and any supplement thereto shall be maintained on file by the Department Head and Human Resources. Second Formal Step In the event the decision in the First Formal Step does not satisfy the grievant, or if a decision is not rendered within the prescribed time limit, the grievant may within 5 work days of the decision or expiration of the time limit for a response, present his/her grievance to his/her Division Head or School Director. The Division Head shall arrange to meet with the grievant within 10 work days from receipt of the grievance. The Division Head or School Director shall afford the grievant an opportunity to present his/her viewpoints and shall attempt to resolve the grievance, which may include involving all parties concerned in a discussion of the grievance. A written report containing any decision reached shall be rendered within 5 work days of the meeting. The grievant shall be entitled to submit a written statement to supplement the report. The report, grievance, and any supplement thereto shall be maintained on file by the School or Division Head and Human Resources. Third Formal Step In the event the decision in the Second Formal Step does not satisfy the grievant or if a decision is not rendered within the prescribed time limit for the Second Formal Step, the grievant may present to the LSS Superintendent his/her grievance in writing within 5 work days of the written decision or expiration of the time limit for a response. The LSS Superintendent shall arrange to meet with the grievant within 15 work days from receipt of the grievance. The grievant shall be afforded an opportunity to present his/her viewpoints and there shall be an effort to resolve the grievance by both parties. In the attempt to resolve the grievance, the LSS Superintendent or designee may require involved parties to participate in the proceedings. A written report containing any decision reached shall be rendered by the LSS Superintendent within 10 work days of the meeting. The grievant shall be entitled to submit a written statement to supplement the report. The report, grievance, and any supplement thereto shall be maintained on file by the LSS Superintendent and Human Resources. Fourth Formal Step In the event the decision by the LSS Superintendent does not satisfy the grievant or if a decision is not rendered within the prescribed time limit for the Third Formal Step, the grievant may present to the SSD Superintendent his/her grievance in writing, within 5 work days of the written decision or expiration of the time limit for a response.

10 The SSD Superintendent shall arrange to meet with the grievant within 15 work days from receipt of the grievance. The grievant shall be afforded an opportunity to present his/her viewpoints and there shall be an effort to resolve the grievance by both parties. In the attempt to resolve the grievance, the SSD Superintendent or designee may require involved parties to participate in the proceedings. A written report containing any decision reached shall be rendered by the SSD Superintendent within 10 work days of the meeting. The grievant shall be entitled to submit a written statement to supplement the report. The report, grievance, and any supplement thereto shall be maintained on file by the SSD Superintendent and Human Resources. Fifth Formal Step In the event that the decision of the SSD Superintendent does not satisfy the grievant or if a decision is not rendered within the prescribed time limit, the grievant may present to the State Superintendent of Education his/her grievance in writing, within 7 work days of the written decision or expiration of the time limit for a response. Such presentation shall include any written response to the SSD Superintendent s decision concerning the grievance. The SSD Superintendent shall submit a copy of the report and any supplemental written statement about the grievance to the State Superintendent or designee. The State Superintendent or designee may: Affirm, reverse, or modify the SSD Superintendent s decision, or Grant a limited hearing, which may be in person, by telephone, or by written submission. A decision will be sent to all parties to the grievance.

11 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Grievances (Unclassified Employees) ************************************************************************ Applicability This policy applies to all unclassified SSD employees. General Provisions A. Purpose The goal of this grievance procedure is to provide an orderly and efficient method for airing and resolving employee complaints about conditions and policies within SSD schools through the normal chain of command within the schools. B. Representation The employee may be accompanied at any level beyond the Informal Step by a representative of the employee s choosing. C. The employee must indicate with his filing at each level beyond the Informal Step who, if anyone, will accompany or represent him/her in any meetings or hearings that might be conducted. D. No reprisals of any kind shall be taken by either party as a result of the use of this procedure. However, the filing of grievances or the pendency of grievances alone shall not preclude the SSD Superintendent from taking any adverse actions in accordance with applicable law. E. All decisions rendered at all levels beyond the Informal Step of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted to appropriate parties. Decisions rendered at any administrative level shall be binding unless and until a timely appeal is made and the decision is reversed at an appeal level. Appeals of decisions rendered must contain point(s) of disagreement with the decision. F. The official(s) designated to hear the grievance at any step may elect to conduct a hearing personally, by committee, or as appropriate via designee. The official(s), however, remain responsible for rendering the final decision at that grievance step. G. An employee may request an extension of time to comply with the mandates of this policy beginning at the First Formal Step. The maximum extension that can be granted is five (5) workdays. Any extension of time must be requested prior to the expiration of the time for submitting the grievance at the applicable step or level in the grievance process. H. The date on a certified return receipt, a hand delivered receipt, or 7 calendar days from the date of mailing by regular mail to the last address provided by the employee shall be sufficient evidence that a decision or communication was received by the employee at the last address provided.

12 I. School funds may not be used to pay the salary, travel, or per diem of employees who represent other employees in the grievance process. These employees representing other employees are allowed to use annual leave, compensatory leave or leave without pay status to engage in this activity. J. Every effort shall be made to conduct all functions pertaining to the grievance in such a manner so as not to impair delivery of essential services. K. Individuals considering the grievance at all levels and steps must address all issues included in the grievance when rendering a decision unless the employee withdraws one or more issues. Appeals of grievance decisions will be limited to the specific issues raised in the original grievance. The parties involved will not be allowed to expand the issues during the grievance procedure, except to the extent necessary to respond to administrative decisions made during the process. Applicability A. The procedure provided for herein shall be followed in processing grievances for unclassified employees, including teachers, in SSD schools. B. Employees shall enter the grievance process at the step wherein their immediate supervisor is identified as the person designated to receive the grievance. In cases where a grievance is lodged against the employee s immediate supervisor or where other extenuating circumstances exist, the employee may proceed to the next higher level. The supervisor, at the requested step, shall review the grievance justification for bypassing the lower step(s) and either act on the grievance or return the grievance to the lower level. C. An employee appealing a personnel action resulting from the implementation of a reduction in force will enter the grievance process at the Second Formal Step (Level I if a SSD employee and Level II if an LSS employee). D. This grievance policy shall not apply to disciplinary action or any matter wherein an administrative process for filing a grievance or an appeal is established by law or rule (for example, Performance Evaluations for Teachers and Administrators). E. An employee loses the right to pursue a pending grievance or to initiate a grievance when the employee separates from his/her employment with SSD, unless the employment was terminated as a result of a Reduction in Force. Processing the Grievance A. The steps of the grievance process shall be as follows: 1. Informal Step 2. First Formal Step 3. Second Formal Step Level I 4. Second Formal Step Level II (applicable to LSS employees only) 5. Third Formal Step Level I

13 6. Third Formal Step Level II B. The following principles shall apply to the steps of the grievance process Informal Step 1. Compliance with Procedures and Timelines Grievances must comply with procedures and timelines established in this section. Failure to comply with procedures and/or timelines, except for documented extensions, shall: a. Result in dismissal of the grievance if violated by the employee. b. Result in the grievance being moved to the next higher level in the process for review and decision if violated by the official at the applicable level in the process. The official at the next higher level may address the grievance if he/she determines that the procedures and/or timelines were not complied with or remand the grievance to the appropriate level in the process. 2. Grievance Forms and Content a. Grievances must be submitted on the appropriate grievance form beginning with the First Formal Step. Forms for filing grievances are available from the Human Resources Office. b. There are three grievance forms: the First Formal Step Form, the Grievance Appeal Form and the Employee Position Statement. The First Formal Step Form must be used at the First Formal Step. The Grievance Appeal Form must be used at following steps: Second Formal Step Level I; Second Formal Step Level 2, if applicable; Third Formal Step Level I; and Third Formal Step Level II. c. The grievance statement must clearly convey the complaint and the relief requested. All grievances shall be presented within fifteen (15) workdays from the date the employee became aware or should have become aware of the cause of such grievance. The employee shall present the grievance to his/her immediate supervisor, and if possible, it should be settled at that level through informal discussion. The immediate supervisor shall meet with the employee. The meeting may take place in person or by telephone and should take place within 10 workdays of the employee presenting the grievance to the supervisor. The supervisor must render a written summary of the informal discussion and/or decision within fifteen (15) workdays of the meeting. If the employee does not wish to appeal this decision, the employee shall be entitled to submit a written statement to supplement the immediate supervisor s written summary. The immediate supervisor shall maintain all relevant documentation for a period of three (3) years. First Formal Step

14 A. If an employee is not satisfied with the disposition of the grievance in the Informal Step, the employee may submit his/her grievance on the First Formal Step Grievance Form to the Regional Coordinator, Principal, Division Head/Program Director, or designee at the First Formal Step within ten (10) workdays of receipt of the decision. If the employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process. B. The official considering the grievance shall attempt to resolve the grievance, which may include a meeting with the employee. This meeting may be conducted via telephone conference. The official may request supporting evidence or documentation as needed for purposes of clarification but not for purposes of expanding or enlarging the grievance statement. C. A written report containing any decision reached shall be rendered within ten (10) workdays of the meeting. If the employee does not wish to appeal this decision, the employee shall be entitled to submit a written statement to supplement the report. The official shall maintain all relevant documentation for a period of three (3) years Second Formal Step The Second Formal Step of the Grievance process involves two levels for Louisiana Special School employees. Louisiana Special School employees may move to the Third Formal Step only after the completion of Level I and Level II of the Second Formal Step. Special School Programs employees may move to the Third Formal Step in the grievance policy after the completion of Level I of the Second Formal Step. A. Level I 1. a. LSS Employee If an LSS employee is not satisfied with the disposition of the grievance in the First Formal Step, he/she may submit to the Director of the LSS or the Director of the LSDVI Program his/her grievance on the Grievance Appeal Form, including a statement of the specific points of disagreement, within ten (10) workdays of receipt of the written decision. If the LSS employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process. b. Special School Programs Employee If an SSP employee is not satisfied with the disposition of the grievance in the First Formal Step, he/she may submit to the SSD Superintendent his/her grievance on the Grievance Appeal Form including a statement of the specific points of disagreement within ten (10) workdays of the written decision. If the SSP employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process.

15 2. The LSS Director, LSDVI Program Director, or SSD Superintendent shall conduct a record review within fifteen (15) workdays from receipt of the grievance. The LSS Director, LSDVI Program Director, or SSD Superintendent may also attempt to resolve the grievance by meeting with the employee and may request supporting evidence or documentation as needed for purposes of clarification, but not for purposes of expanding or enlarging the grievance statement. This meeting may be conducted via telephone conference. In the attempt to resolve the grievance, the LSS Director, LSDVI Program Director, or, SSD Superintendent, or designee may require involved parties to participate in the proceedings. 3. A written report containing the decision reached shall be rendered by the LSS Director, LSDVI Program Director, or SSD Superintendent within a reasonable period of time. If the employee does not wish to appeal this decision, the employee shall be entitled to submit a written statement to supplement the report. The LSS Director, LSDVI Program Director, or SSD Superintendent shall maintain all relevant documentation for a period of three (3) years. B. Level II This level is applicable to LSS employees only and must be completed by LSS employees prior to proceeding to the Third Formal Step. If an LSS employee is not satisfied with the disposition of the grievance in Level I of the Second Formal Step he/she may appeal to the SSD Superintendent. This level of appeal shall adopt the same procedures and timelines outlined in Level I. The grievance form to be submitted to the SSD Superintendent is the Grievance Appeal Form. If the LSS employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process. Third Formal Step The Third Formal Step of the Grievance process involves two levels. A. Level I 1. If an employee is not satisfied with the disposition of the grievance in the Second Formal Step he/she may submit to the State Superintendent or the Superintendent s designee his/her grievance on the Grievance Appeal Form including a statement of the specific points of disagreement, within ten (10) workdays of receipt of the written decision. If the employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process. 2. The State Superintendent or the Superintendent s designee will conduct a record review of the grievance and take any other actions he/she deems necessary in reaching a decision on the grievance.

16 3. A written report containing the decision reached shall be rendered by the State Superintendent or the Superintendent s designee within a reasonable period of time. If the employee does not wish to appeal this decision, the employee shall be entitled to submit a written statement to supplement the report. The Special School District shall maintain all relevant documentation for a period of three (3) years. B. Level II 1. If an employee is not satisfied with the disposition of the grievance by the State Superintendent or the Superintendent s designee in Level I, the employee may request in writing, a full hearing before the State Superintendent or the Superintendent s designee on the Grievance Appeal Form which includes a statement of the specific points of disagreement with the decision. The request shall be sent by certified mail or hand delivery within ten (10) workdays of receipt of the report from the State Superintendent or the Superintendent s designee. If the employee fails to request the review by the appropriate official within the time limit set out above, the employee shall have no further right to proceed through the grievance process. 2. Upon receipt of such written request, the State Superintendent or the Superintendent s designee shall conduct a full hearing on the grievance. The State Superintendent or the Superintendent s designee shall provide for the recording of the hearing and shall maintain a transcript of the proceedings. 3. Following the hearing, the State Superintendent or the Superintendent s designee shall make a written recommendation regarding the disposition of the grievance. The decision of the State Superintendent or the Superintendent s designee will be provided to the employee not more than thirty (30) workdays following the hearing. Dismissal of Grievance The official receiving the grievance may dismiss the grievance on any of the following grounds: A. The grievance has not been made in the required manner or within the prescribed period of time. B. The employee has failed to appear at the time and place fixed for a hearing on his/her grievance. C. The grievance involves facts and complaints that have been addressed in a previous grievance.

17 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Harassment ************************************************************************ It is the policy of SSD to maintain a working environment free from harassment. Harassment serves only to distract us from serving our students, and it is prohibited. Managers and supervisors are responsible for discussing this policy with subordinates and ensuring that the workplace is free of harassment. Prohibited Conduct Harassment Harassment includes, but is not limited to, slurs, jokes, and other verbal or physical conduct relating to a person s race, color, religion, sex, national origin, or other factor protected under federal or state law, that unreasonably interferes with a person s work performance or creates an intimidating or otherwise hostile work environment. Sexual Harassment Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, physical or visual conduct of a sexual or gender based nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; 3. Such conduct has the purpose or effect of unreasonably interfering with an individual s work performance or creating an intimidating, hostile, or offensive working environment. This includes unsolicited verbal statements, vulgar or obscene photographs, drawings, jokes, or comments, gestures, or physical contact of sexual or gender based nature which is unwelcome. Reporting An employee who believes harassment is occurring, no matter who is subject to the perceived harassment, has the right and the responsibility to report the situation to the employee s supervisor, or the Human Resources, so it can be corrected. Supervisors must report harassment to Human Resources immediately. If you feel you have been subjected to harassment, you have the right and obligation to report it to your immediate supervisor, who in turn shall report to the Human Resource Director or Administrator. If the

18 supervisor, or someone else in the supervisor s chain of command, is the alleged harasser, or if you do not wish to report the matter to your supervisor, you may report it directly to Human Resources. The Human Resources Director or Administrator will assist the SSD Superintendent in addressing all complaints. This may involve an investigation, including interviews with the complaining employee, any witnesses, and the individual or individuals accused of harassment. Every reasonable effort will be made to keep the complaint confidential with only those who need to know being informed about the complaint. The individuals involved in the complaint will be notified of the results of the investigation. If harassment is determined to have occurred, SSD will take steps to promptly correct the situation. No employee will be subjected to discrimination or retaliation for making a report in good faith, or participating in an investigation, of harassment.

19 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Violence in the Workplace ************************************************************************ Applicability This policy applies to all LSS employees. SSP Central Office staff will follow this policy and any procedures established by LSDVI. Other SSP employees will follow DOE policy and any policies or procedures established by the facility to which they are assigned. SSP employees must report violence, or threats of violence, even threats that come from outside the facility, to the Regional Coordinator, in addition to any facility reporting requirements. Policy It shall be the policy of SSD to maintain a violence free workplace. Acts and threats of violence are prohibited. As a school district, we are responsible for the safety of the students entrusted to our care, in addition to our employees and visitors. Individual Responsibilities In the interest of protecting not only our employees, but also the students entrusted to our care, and visitors, everyone has a responsibility to: Refrain from violence, and threats of violence Report violence, or threats of violence, as soon as possible, to the supervisor, the Safety/Security Director, the School or Division Director, or to Human Resources Report threats of violence that may come from outside of the school campus to the Security/Safety Director o For example, if an employee has a restraining order against someone, or is threatened by someone, even if that person is not a usual school employee or visitor, the employee must report the potential threat, and identifying information about the individual, to Human Resources and/or the Safety/Security Director. If reported to Human Resources, Human Resources will report it to the Safety/Security Director. o The purpose of reporting this information is to protect our students, employees, and visitors, and this information will be shared only with people who need to know it for safety purposes. Anyone sharing this information unnecessarily will be subject to disciplinary or other corrective action. Facility Responsibilities LSDVI and LSEC will establish site specific procedures to address actual and potential incidents of violence in the workplace.

20 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Civil Service Contacts ************************************************************************ The employment of state classified employees is governed by the Civil Service Article and Civil Service Rules. Employees may always contact the Department of State Civil Service concerning personal employment matters, such as arranging testing, filing an appeal, or applying for positions at other agencies. Contact information may be found on the Department of State Civil Service s website, No individual, however, may represent SSD before the Civil Service Commission or the Department of State Civil Service, without authorization from the SSD Superintendent. Te ensure that SSD s interests are properly represented, and to avoid any misrepresentation of employment practices, policies, or other related issues, the following guidelines shall be adhered to: 1. All Civil Service matters are to be coordinated through the Human Resources Office. LSS matters are to be coordinated through the school s Human Resources Office; SSP matters are to be coordinated through the Department of Education s Human Resources Office. 2. Requests for any matter requiring Civil Service approval are to be submitted to the Human Resources Office for review and appropriate action, which will be determined by the Appointing Authority. 3. Official requests to Civil Service will be sent only with the Appointing Authority s approval, and usually by the Human Resources Director or Administrator.

21 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 General Employment Information ************************************************************************ This policy contains general information about employment in SSD. For more specific information, please contact your Human Resources Office. Payday State of Louisiana employees are paid bi weekly (every other Friday), through the statewide payroll system. Employees are paid through direct deposit, unless an exception has been granted by the Office of State Uniform Payroll (OSUP), and may view their remuneration statements in LEO (Louisiana Employee s Online). LEO may be accessed at Details and brochures are available in the Human Resources Office. For year round employees, each paycheck includes fourteen calendar days, or two regular work weeks. The annual contract amount for teachers and paraeducators at LSDVI is divided evenly over 26 pay periods, from the beginning of the school year. Nine month classified employees and ten month unclassified employees at LSDVI are on leave without pay during the summer months. Updating or Changing Personal Information In order to ensure deposit of paychecks and delivery of tax forms, benefits notifications, and other information, employees must maintain appropriate bank and address information in the payroll system. Employees may change their personal information, such as their address, or banking information, through LEO. LEO is available at all times, with limited interruptions for maintenance and payroll processing. Employees may also update or change information through the Human Resources Office. Civil Service System All SSD employees are state employees, and are either in the classified or unclassified state service. The classified service is governed by the Civil Service Article in the Louisiana Constitution, and Civil Service Rules, approved by the State Civil Service Commission. Classified Appointments may be: Probationary o All classified employees, except those who transfer from other state agencies with permanent status, serve a probationary period of at least six months, and no more than

22 twenty four months. Even employees who have permanent status at another state agency may be hired at SSD without permanent status and be required to serve a probationary period. SSD requires a probationary period of 18 months, which may be extended up to an additional six months if an employee s performance does not warrant granting permanent status after 18 months. Exceptions may be made by the SSD Superintendent. During the probationary period, an employee may be separated without cause. A classified employee gains permanent status only upon the recommendation of the employing School or Division, and the Appointing Authority s approval. Permanent o Only permanent employees, who have satisfactorily served a probationary period, have property rights in their jobs. Job Appointment o Job appointments are intended to fill full time positions temporarily, such as for a temporarily funded grant, and may be ended by the appointing authority at any time. Classified WAE o These appointments are intended to fill a temporary or intermittent need. WAE employees may not work more than 1245 hours during a 12 month period. The appointing authority may end a classified WAE appointment at any time. o These employees are paid only for hours worked (not for holidays or closures), do not earn leave, and are not eligible for benefits, including health insurance. Unclassified Appointments include: Teachers Paraeducators Student Employees o 'Bona Fide Student' means a person enrolled in an accredited high school, college or university in the State, or a person enrolled in a State operated technical college, in a sufficient number of courses and classes in such institution to be classified as a full time regular student under the criteria used by the institution in which he is enrolled; or a person enrolled in an off campus college work study program in a proprietary institution of higher education as defined in Section 102(b) of the Higher Education Act of 1965, as amended. Less than full time students may be considered for employment as bona fide student employees only for work performed under the Federal Work Study Program. A bona fide student shall retain his status during breaks, which occur in the course of or between sessions, including summer breaks. o Students under 18 must have a valid employment permit. o Students must re certify student status at the beginning of each semester STUDENTS MUST NOTIFY HUMAN RESOURCES IF THEIR STATUS CHANGES DURING THE SEMESTER o Student employees are paid only for hours worked (not for holidays or closures), do not earn leave, and are not eligible for benefits, including health insurance. o Student employment may be terminated by the appointing authority at any time. Regular, Temporary, or Part time Unclassified Employees, who are in professional or administrative officer positions, or positions that have been placed in the unclassified service by the State Civil Service Director or the State Civil Service Commission

23 Louisiana Department of Education Employee Policies Special School District (SSD) Effective Date: 8/12/2013 Personnel Files ************************************************************************ Applicability Personnel files for LSS employees are maintained in the school s Human Resources Office. Personnel files for SSP employees are maintained by the Department of Education s Human Resources Office, and SSP employees will follow the Department s policy on personnel files. Policy In accordance with federal and state law, SSD is required to maintain a variety of records on employees. Some of the information maintained in an employee s personnel file is considered public; however, some of the information is not. This policy shall serve to protect the integrity and confidentiality of employee personnel files and to ensure that only information established as public by law is made available to the public. This policy identifies the types of information in an employee s personnel record that are considered public, outlines procedures for reviewing personnel records while ensuring the integrity and confidentiality of personal employee information, and recognizes other recordkeeping information essential to the maintenance and retention of employee information. Personnel File Contents SSD has the responsibility to collect and/or maintain employee information such as name, telephone number, home address, emergency contact numbers, employee and dependent insurance and retirement information, equal employment opportunity statistics, etc. Public Records The following are examples of public documents and/or information that must be made available for public inspection upon request, as described later in this policy: Employee name Job title Pay Application Resume Record of appointments Records of attendance, including leave requests Current position description Letters supporting formal disciplinary action Birth certificate

24 Death certificate All private information contained in any of these public records will be obscured or removed before the record is made available to the public. Confidential Records The following are examples of confidential records that are protected from general public access: Employee social security number Employee address and phone number (when employee has requested confidentiality) College transcripts Performance planning and review documents and ratings Insurance documents Internal grievance documents Letters of counseling, warning, or reprimand (unless used to support disciplinary action) Tax information Paycheck deductions Garnishments Court orders Bank information Beneficiary information I 9 forms Medical records Some records supporting leave (e.g., FMLA) The Human Resources Director or Administrator or designee may grant access to confidential information maintained in an employee s personnel record to supervisors or other department officials, if there is a legitimate business need for the information. Any unauthorized dissemination of information in a personnel record is a serious violation of department policy and may subject the violator to disciplinary action. Right to Examine Records The Human Resources Director or Administrator is the official custodian of employee personnel records. A request for a public record must be reviewed by the Human Resources Director or Administrator or designee before releasing the records. The person requesting to review the record must submit the request in writing and may be required to produce documentation to verify identification and age of majority. The Human Resources staff may not make any other inquiries regarding the request, nor ask to review any documents the person has when making the request. A copy of public record(s) shall be provided when requested. LSDVI will collect twenty five cents per page for making copies of personnel records, in accordance with the uniform fee schedule established by the Commissioner of Administration.