DC(LOCAL) - EMPLOYMENT PRACTICES

Note:The provisions of this policy apply only to employees hired by the Executive Director.

Filling Vacancies

The Executive Director or designee shall establish guidelines for advertising employment opportunities and posting notices of vacancies. These guidelines shall advance the Board's commitment to equal opportunity employment and to recruiting well-qualified candidates. In accordance with administrative guidelines, current ESC employees shall be eligible to apply for any vacancy for which they are qualified.

Applications

All applicants shall submit a resume and/or shall complete the application form supplied by the ESC. Information in applications or resumes shall be verified before hiring or as soon as possible thereafter.

[For information related to the evaluation of criminal history records, see DBAA.]

Criminal History Record

The ESC shall obtain criminal history record information on a person the ESC intends to employ.

Selection of Personnel

The Executive Director has authority to employ and dismiss at-will employees and shall report to the Board, as information, the appointment or dismissal of personnel. [See BAA]

All employees of the ESC, other than the Executive Director and deputy executive directors, shall be hired on an at-will basis.

Part-Time and Seasonal Employees

The Executive Director shall consider availability and use of part-time and seasonal employees when scheduling ESC operations. The Executive Director is authorized to employ and dismiss such employees without confirmation by the Board, provided such positions are not in the approved staff plan and the expenditure for such employees is in the approved budget.

Assignment

All personnel are employed subject to assignment and reassignment by the Executive Director or designee.

Work Schedules

The workweek and daily time schedules shall be determined by the Executive Director or designee.

Supplemental Duties

Assigned supplemental duties for which supplemental pay is received may be modified or discontinued by the ESC at any time. An employee who wishes to relinquish a paid supplemental duty may do so only with the consent of the Executive Director or designee. Paid supplemental duties are not part of the ESC's obligation to the employee, and an employee shall hold no expectation of continuing assignment to any paid supplemental duty.

Suspension

The Executive Director may suspend an employee during an investigation of alleged misconduct by the employee or at any time the Executive Director determines that the ESC's best interests will be served by the suspension. Suspension of at-will employees may be with or without pay.

Dismissal of At-Will Employees

The Executive Director may dismiss an at-will employee at any time for any reason not prohibited by law or for no reason.

Appeal

A dismissed at-will employee may request to be heard in accordance with DGBA(LOCAL).

Resignation

All employee resignations shall be submitted in writing to the Executive Director, who shall have authority to accept employee resignations. The employee shall give reasonable notice of the intent to resign. Once submitted and accepted, a resignation may not be withdrawn without the consent of the Executive Director.

Employment Assistance Prohibited

No ESC employee, contractor, or agent, or ESC shall assist a school employee in obtaining a new job if the individual or ESC knows, or has probable cause to believe, that the other employee engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative or personnel file does not violate this prohibition. [See CHF for prohibition relating to contractors and agents and DH(EXHIBIT) for the Educators' Code of Ethics]

Notice to Parent of Educator Misconduct

An ESC shall notify a parent of a student with whom an educator is alleged to have engaged in misconduct, informing the parent:

  1. As soon as feasible that the alleged misconduct may have occurred;
  2. Whether the educator was terminated following an investigation of the alleged misconduct or resigned before completion of the investigation; and
  3. Whether a report was submitted to the State Board for Educator Certification (SBEC) concerning the alleged misconduct.

For purposes of this policy, misconduct is defined as an educator's alleged abuse or commission of an otherwise unlawful act with the student or involvement in a romantic relationship, or soliciting or engaging in sexual contact with the student. [See DC(LEGAL)]

Education Service Center, Region 2

DC(LOCAL)-X

LDU 2020.03

DATE ISSUED: 9/29/2020