DC(REGULATION) - EMPLOYMENT PRACTICES

Hiring Procedure

Staff Allocation

The human resources division will develop a Manning Table for each school and department as provided for in the Staffing Guideline. The Board approves the Staffing Guideline as part of the annual budget.

Staffing Requests

Requests for Manning Table adjustments may be submitted as enrollment changes or as programs are added or deleted.

The following guidelines will apply:

The principal or departmental supervisor will submit a Staffing Request Form with supporting data.

The request will be sent to the human resources division.

The changes requested will be approved or disapproved by the Superintendent.

A new staff member will not be hired until the new position has been approved and the human resources division has notified the principal or departmental supervisor.

Approved changes in the Manning Tables will be reported to the Board at each Tri-Annual Budget Review.

Establishing Position Vacancies

To fill a position:

The position must be provided for on the original Manning Table; or

The position will be provided for as the result of an approved staffing request.

To fill a vacancy created by a resignation or termination:

A vacancy will be deemed to exist only after the separation report has been filed in the human resources division with the resignation or appropriate documentation attached.

A recommendation to fill a vacancy created by a resignation or termination will not be approved if the school is no longer eligible for the unit.

To fill a vacancy created by a transfer, a vacancy will be deemed to exist after the transfer form is approved in the human resources division.

Posting Available Positions

Generally, all available positions are posted Districtwide. An exception will be made if the principal or departmental supervisor wishes to promote from within the school or the department, and the position will be posted only within the school or department. The new vacancy created by the in-house reassignment will be posted in accordance with this guideline.

The human resources division is responsible for posting vacancies Districtwide.

The principal or departmental supervisor is expected to display all postings in obvious locations for all interested parties to observe.

If a staff member asks to interview for a vacant position that is posted in the summer or for a vacancy that does not require a posting, it is the responsibility of the principal or departmental supervisor with the vacancy to talk with the principal or departmental supervisor of the staff member applying for the new assignment before contacting that staff member for an interview.

Providing Applicants

The human resources division will furnish the principal or departmental supervisor with a list of qualified applicants who meet the criteria specified by the principal or departmental supervisor.

Applicants recruited by principals or departmental supervisors from sources other than through the human resources division will be immediately sent to the human resources division to establish an applicant file for review of credentials, transcripts, and the like.

Conducting Interviews

Screening interviews will be conducted on college campuses, at job fairs, and in the human resources division by building administrators, program directors, and/or teachers and other recruiters who have been specially trained. Screening interviews may be conducted at the campus level by the principal or a designee.

The principal or designee will schedule screening interviews on campus, with the assistance of the human resources division as appropriate.

The principal, associate/assistant principals, department chairs, team leaders or team members, and the appropriate director (when applicable) may be included as members of the interview team for each teaching position being filled.

A set of interview questions will be developed, within established guidelines, to be used in interviews for each position.

Finalist(s) Selection

The principal or departmental supervisor will notify the human resources division by telephone as soon as one or more finalists for the position have been identified.

The principal will ensure that a director's signature has been obtained if the finalist is being considered to teach in the following fields: visual and performing arts, athletics, special education, career and technology education, and other specially funded positions such as grants.

References

The principal or associate/assistant principal or departmental supervisor will be responsible for checking references.

A minimum of three references is required on a person being recommended for a position.

One reference will always be the immediate supervisor (i.e., teacher, principal, or assistant principal) in the last position.

All references will be work related from a former employer having first-hand knowledge of the applicant's performance in the position for which application has been made.

Recommendation

The principal or departmental supervisor will notify the applicant of the "intent" to recommend for a position but will not make a definitive statement on hiring.

The principal or departmental supervisor will forward the recommendation to the human resources division after carefully reviewing three references.

The applicant will be contacted to report to the human resources division as soon as possible to complete necessary paperwork.

Criminal History Record Check

Authorization

The District will obtain criminal history record information on each person the District intends to hire.

The District may obtain criminal history record information on any staff member at any time that the Superintendent or designee deems appropriate.

The District may obtain criminal history record information from any law enforcement agency or from any source of public information that may be available for inspection.

Use in the Employment Process

The District will not issue any candidate for employment a written contract or other offer of employment until a criminal history record check has been obtained and reviewed. Information obtained in a criminal history record check will be used only to evaluate a candidate for employment. Any candidate for employment who fails or refuses to grant the District authorization to conduct a criminal history record check will be deemed to have an incomplete application and will not be eligible for consideration for employment.

Disclosure of Criminal History

A candidate for employment will not be employed if, on the employment application or when questioned regarding criminal history, he or she:

Fails to disclose any pending criminal charges or disposition of criminal cases, including deferred adjudication or conviction (including probation), or

Misrepresents any information regarding any pending criminal charges or disposition of criminal cases, including deferred adjudication or conviction (including probation).

Definitions

If clarification is needed or if a conflict exists between a definition used in this regulation and enacted laws, the definitions in legal codes adopted by the United States or by any state will prevail where applicable.

Conviction

Conviction is the final adjudication of a criminal case as the result of a criminal proceeding or trial that ends in a judgment being rendered that the accused is guilty of the charges brought by the state, which may include a verdict of guilty, plea of guilty, or plea of nolo contendere.

Deferred Adjudication

Deferred adjudication is defined as deferral of criminal proceedings by a court after a person has entered a plea of guilty or nolo contendere. The court defers a finding of guilt and places the person on community supervision.

Felony

A felony is a crime of a more serious nature than a misdemeanor that is punishable by fine and/or confinement in a penitentiary.

Misdemeanor

A misdemeanor is a crime generally punishable by a fine and/or confinement in a county jail.

Moral Turpitude

Moral turpitude is an act of baseness, vileness, or depravity in the private or social duties outside the accepted standards of decency and would shock the conscience of an ordinary person.

Plea of Guilty

A plea of guilty is admission of the criminal allegations brought by the prosecuting attorney.

Plea of Nolo Contendere

A plea of nolo contendere is a plea that is equivalent to an admission of guilt and subjects the defendant to punishment, but which may not be used against the defendant in a civil suit based upon or resulting from the act upon which the criminal prosecution is based.

Probation

Probation is placement of a convicted person under community supervision while the sentence of confinement or confinement and a fine are suspended in whole or in part for a specified period of time.

Pending Charges

No person charged with a felony or misdemeanor involving moral turpitude will be considered for employment until there is a final disposition of the charge.

No person currently on probation for any offense, including deferred adjudication or probation, will be considered for employment except as provided.

A person charged with a criminal offense that has been dismissed by a court granting deferred adjudication may be considered for employment unless the charge was for:

Capital murder;

Murder;

Voluntary manslaughter;

Involuntary manslaughter;

Aggravated assault;

Sexual assault;

Aggravated sexual assault;

Arson;

Any felony theft offense within ten years of the offense;

Indecency with a child;

Injury to a child or an elderly or disabled individual;

Kidnapping;

Aggravated kidnapping;

Robbery;

Any felony where a deadly weapon was used or exhibited;

Any felony related to the manufacture, delivery, or possession of marijuana, a controlled substance, or a dangerous drug; or

Any other crime that adversely affects the mission of the District.

Recommended Review

A candidate for employment whose criminal record would preclude employment may appeal to the assistant superintendent for human resources unless the criminal record is related to one of the offenses listed above. The assistant superintendent for human resources will make a recommendation to the Superintendent after hearing the appeal.

Criminal History Record Check of Current Employees

Criminal history record information obtained on an employee at any time after employment has begun may not be used as a basis of terminating employment unless the employee:

Failed to disclose any conviction or deferred adjudication;

Committed a crime involving moral turpitude; or

Committed a crime involving violence toward a person or injury to or indecency with a child.

The assistant superintendent for human resources will make a recommendation to the Superintendent regarding an employee with a criminal history record that warrants termination of employment.

Spring ISD

DC(REGULATION)-X

LDU 2013.10

DATE ISSUED: 12/4/2013