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EASTON AREA
SCHOOL DISTRICT
No. 404
SECTION:
PROFESSIONAL EMPLOYEES
TITLE:
EMPLOYMENT OF
PROFESSIONAL EMPLOYEES
ADOPTED:
August 27, 2007
REVISED:
April 16, 2009
February 28, 2012
404. EMPLOYMENT OF PROFESSIONAL EMPLOYEES
1.
Purpose
The Board places substantial responsibility for the educational program and effective
operation of the schools with the professional staff employed by the district.
2.
Authority
SC 508, 1106,
1107, 1142-
1152
Title 22
Sec. 4.4
Pol. 428
The Board, by a majority vote of all members, shall approve the employment; set the
compensation; and establish the term of employment for each professional staff
member employed by the district.
SC 1111
No teacher shall be employed who is related to any member of the Board, as defined
in statute, unless such teacher receives the affirmative vote of a majority of all
members of the Board other than the member related to the applicant, who shall not
vote.
3.
Guidelines
Approval shall normally be given to the candidates for employment recommended
by the Superintendent.
SC 1204.1
The district shall use the Standard Application For Teaching Positions but may
establish and implement other application requirements.
Applications for professional positions must be accompanied by a transcript of
grades and appropriate clearances.
Certification
SC 1109, 1201
Title 22
Sec. 49.1 et seq
All applicants must possess an active Pennsylvania Department of Education
certificate at the time of application; no candidate for professional employment shall
receive recommendation for such employment without evidence of his/her active
certification.
404. EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 2
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The Board recognizes that it may be necessary to employ emergency certified
teachers due to a limited number of properly certified applicants for specific
professional positions. The Board reserves the right to determine, based on the
recommendation from the Director of Human Resources, the specific professional
positions for which the employment of an emergency certified individual may be
required. With Board approval, the emergency certified professional employee may
be employed as a long-term substitute with a term of employment not to exceed the
as a long-term substitute with a term of employment not to exceed the
end of the current school year in which the candidate is employed.
current school year in which the candidate is employed.
year in which the candidate is employed.
Each professional staff member employed by the district shall be responsible for
maintaining an active teaching certificate. Failure to maintain an active Pennsylvania
Department of Education teaching certificate shall be sufficient grounds for
immediate termination of employment by the Board.
If an employee’s certificate becomes inactive or expires during his/her employment
with the district, it shall be the employee’s responsibility to immediately notify the
Director of Human Resources, in writing, of such change in status and to reimburse
the district for any fines incurred as a result of the employee’s failure to maintain an
active certificate.
Criminal History
SC 111
Title 22
Sec 8.1 et seq
23 Pa. C.S.A.
Sec. 6301 et seq
No candidate shall be employed until such candidate has complied with the
mandatory background check requirements for criminal history and child abuse and
the district has evaluated the results of that screening process.
Any employee's misstatement of fact material to qualifications for employment or
determination of salary shall constitute grounds for dismissal by the Board.
Individuals convicted of one (1) or more of the crimes enumerated in 24 P.S. §1-
111(e) are permanently prohibited from seeking employment within the district.
Individuals convicted of felonies other than those listed in 24 P.S. §1-111(e) are
prohibited from seeking employment within the district from ten (10) years from the
date of expiration of the sentence for the offense. Individuals convicted of first-
degree misdemeanors are prohibited from seeking employment within the district
from five (5) years from the date of expiration of the sentence of the offense, with
the exception of a second offense under 75 Pa. C.S. § 3802(a), (b), (c) or (d)
(relating to driving under influence of alcohol or controlled substance), for which a
three-year prohibition shall be in effect.
404. EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 3
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Employees who are arrested or convicted of one (1) of the enumerated offenses
listed in 24 P.S. §1-111(e) must report such arrest/conviction to the Superintendent
and the building principal in writing within seventy-two (72) hours of the
arrest/conviction. Employees who willfully fail to disclose such offenses shall be
subject to discipline, up to and including termination.
Administrators or other individuals responsible for making employment decisions
who have reason to suspect that an employee has been arrested for and/or criminally
convicted of an offense enumerated in 24 P.S. §1-111(e), and such employee has not
provided written notice of the arrest/conviction, shall require such employee to
submit to the administrator a current report of criminal history record information, as
required by 24 P.S. §1-111. The district shall be responsible for the costs of such
reports.
Utilization of professional employees prior to employment approval by the Board is
authorized when necessary to maintain continuity in the educational program.
Retroactive employment shall be recommended to the Board at the next regular
meeting.
42 U.S.C.
Sec. 653a
The district shall submit a New Hire Report for each employee required to be
reported by law.
Employment shall not become official until the contract between the candidate and
the Board is signed.
Nepotism
For purposes of this policy, nepotism shall be defined as patronage bestowed in
consideration of family relationship and not of merit.
SC 1111
The Board rejects the practice of nepotism, as defined in this policy, and reaffirms
the practice of hiring the best qualified individual for the position. In cases where
relationship to Board members or current employees is a factor, the Board will be
guided by the current provisions of law and strict adherence to its own hiring
procedures.
Title I Teachers
Title 22
Sec. 403.2, 403.4
20 U.S.C.
Sec. 6319, 7801
All teachers working in a program supported with Title I funds who were hired after
January 8, 2002, shall be highly qualified, as defined by federal law and regulations.
404. EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 4
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Title 22
Sec. 403.4
20 U.S.C.
Sec. 6319, 7801
The principal of a school providing Title I programs to students shall annually attest
that professional staff teaching in such programs are highly qualified, in accordance
with federal and state law and regulations. The written certification shall be
maintained in the district office and the school office and shall be available to the
public, upon request.
4.
Delegation of
Responsibility
Pol. 104
The Superintendent or designee shall develop procedures for the recruitment,
screening and recommendation of candidates for employment as professionals, in
accordance with Board policy and state and federal law and regulations.
Recruitment of professional staff shall be the responsibility of the Director of
Human Resources. A search committee consisting of appropriate personnel
designated by the Superintendent shall participate in the recruitment of professional
staff. Applications shall be solicited from qualified persons both inside and outside
the district. All professional employees must be recommended to the Superintendent
by the Director of Human Resources before approval for employment by the Board.
Candidates shall be recommended on the basis of interviews, references, as well as
demonstration lessons or other appropriate activities.
SC 1109
The Superintendent or designee shall seek candidates of good moral character who
possess the following attributes:
1.
Successful educational training and experience.
2.
Scholarship and intellectual prowess, including such measures as collegiate
grade point average.
3.
Knowledge of students.
4.
Emotional and mental maturity.
42 U.S.C.
Sec. 12112
The Superintendent or designee may apply necessary screening procedures to
determine the candidate's ability to perform the tasks of the job for which the
candidate is being considered.
The Superintendent or designee shall seek recommendations from former employers
and others to assess the candidate's qualifications. Recommendations and references
shall be retained confidentially and for official use only.
404. EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 5
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References:
School Code – 24 P.S. Sec. 108, 111, 508, 1106, 1107, 1109, 1109.2, 1111,
1142-1152, 1201, 1204.1
State Board of Education Regulations – 22 PA Code Sec. 4.4, 8.1 et seq.,
49.1 et seq., 403.2, 403.4
Criminal History Record Information Act – 18 Pa. C.S.A. Sec. 9125
Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.
State Directory of New Hires – 42 U.S.C. Sec. 653a
No Child Left Behind Act – 20 U.S.C. Sec. 6319, 7801
Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq.
Board Policy – 000, 104, 408, 428