200 - PERSONNEL

201 PERSONNEL - GOALS AND OBJECTIVES

The Sevier County Board of Education's goals for the personnel area are:

• To ensure that the best qualified personnel are recruited and employed to staff the school system;
• To provide staff compensation, benefits, and a working environment sufficient to attract and retain qualified employees;
• To provide an in-service training program for all employees to improve their performance;
• To conduct an evaluation program that will contribute to the continuous improvement of staff performance; and
• To ensure that personnel are assigned so that they are utilized as effectively as possible.

Policy References

200 - PERSONNEL

202 IN-SERVICE AND STAFF DEVELOPMENT OPPORTUNITIES

In-service education is a program of planned activities designed to increase the competencies needed by all personnel in the performance of their responsibilities. Competencies are defined as the knowledge, skill, and attitudes, which enable personnel to perform with maximum effectiveness.

For professional employees, in-service credit will not be given during teaching hours nor while performing duties which are required as part of teaching assignments. Professional employees will also not receive in-service credit for activities during professional leave paid by the Board. Individuals who do not have sufficient in-service credit at the end of the school year will have their last salary payment adjusted to compensate for the day(s) missed.

For non-certified personnel, the immediate supervisor will be responsible for providing in-service training. Absences to attend meetings relating to the employee's job may be granted by the supervisor without loss of pay to the employee.

The Board may pay expenses of selected personnel who participate in training sessions conducted by the State Department of Education or sessions designated by the superintendent or the Director of Curriculum and Instruction as necessary for effective program planning and implementation.

Every five years, all certified employees of schools accredited by SACS and applicable system-level certified employees, are expected to meet the professional growth requirements as outlined below:

• Six semester hours of college credit;
• Designated in-service meetings sponsored by the school system and workshops and seminars sponsored and approved by the school system. One hour of semester credit is granted for each sixteen hours spent in such meetings, workshops, and/or seminar;
• Professional meetings or conventions sponsored by a collegiate institution, an educational system, or a professional association and designed to improve the professional competency of the participants. One hour of semester credit is granted for each twenty-four hours spent in such professional meetings or conventions;
• Travel, which includes professional experiences, designed to increase professional competency in the subject area or area of work of the participant. A specific travel itinerary must have prior approval by the school principal and must be filed in the individual personnel (SACS) file. One hour of semester credit is granted for each four weeks of travel;
• Publication on educational topics in state, regional, or national journals or presentation at professional meetings. One hour of semester credit is granted for each 4000 words or for each fifty minutes of oral presentation; and/or
• Participation in SACS self-studies or on SACS visiting committees for purposes of accreditation. One hour of semester credit is granted for service on a self-study committee or on a visiting committee;

Each certified person will be responsible for meeting all SACS standards of continued employment. Furthermore, the individual is required to update his/her SACS personnel file annually. The school principal is the custodian of all SACS personnel files and will house all SACS personnel files centrally in the school. The Director of Curriculum and Instruction will be the superintendent's designee for validating workshops, seminars, and inservices.

Policy References

200 - PERSONNEL

203 GRIEVANCES

Last Updated Date: 08/15/2011

For certified personnel, the complaint and grievance processes are included in the handbook, a memorandum of understanding or Board policy, and reference must be made to these processes.

For all other personnel, a grievance will mean a complaint by an employee that he/she has been treated unfairly or inequitably within his/her rights.

All time limits consist of school workdays.

The Sevier County Board of Education desires for an employee and his/her immediate supervisor to resolve problems through free and informal communications. If, however, the informal process fails to satisfy the employee, a grievance may be processed as follows:

Step 1

The employee must present the grievance in writing to the immediate supervisor who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days after the meeting, the grievant will be provided with the supervisor's written response.

Step 2

If the grievance is not resolved at step 1, then the grievant may refer the grievance to the Director within ten (10) days after receipt of the written step 1 answer. The Director or his/her designee will arrange a meeting to take place within ten (10) days of the Director’s receipt of the appeal. Within ten (10) days after the meeting, the grievant will be provided with the Director's written response.

Step 3

If the grievance is not resolved at step 2, or the time limits expire without the issuance of a written reply, the grievant may request a review by the Board within ten (10) days after the employee receives the Director's response or the time limits have expired. The request must be made in writing through the Director. The Board will review the case, hold a hearing only if the Board feels such a hearing is necessary, and render a decision. The date of the hearing, if necessary, will be the next regular meeting time or an earlier date agreed to by Board and the grievant. The Board will render its decision in writing within ten (10) days after the making the decision. The Board is the final arbiter of all grievances.

At any step, each party may be accompanied by one employee of the school system or an attorney.

Failure by the aggrieved at any level to appeal grievance to the next level within the specified time limit will result in the grievance being deemed resolved.

Nothing in this policy will be construed as denying an employee the right to consult with any supervisory and administrative officer of the school system.

At any level, time limits may be mutually extended.

Policy References

200 - PERSONNEL

204 COMPLAINTS ABOUT SCHOOL PERSONNEL

Last Updated Date: 08/15/2011

Whenever a complaint about any employee is made, it will be referred to the school and/or system administration for study and possible resolution. For certified employees, such complaints will be handled per the handbook, a memorandum of understanding or Board policy. For all other employees, the individual about whom the complaint is made will be advised of the nature of the complaint and given opportunity for explanation, comment, and/or presentation of the facts as he/she sees them.

If, after such procedures are followed, there is a still a question or problem, then the matter will be referred in writing to the Board, which will then determine if it will hear the individual or group making the complaint.

Individuals or groups desiring to speak to the Board under this policy must follow the procedures as outlined in board policy dealing with addressing the Board at formal meetings.

Policy References

200 - PERSONNEL

205 STAFF-STUDENT RELATIONS

Last Updated Date: 04/14/2014

Staff-Student Relations [1]

The relationship between staff members and students should be one of learning, cooperation, understanding and mutual respect. For purposes of this policy only, “staff members” includes any individuals employed by the Sevier County Board of Education and any student teachers, volunteers, or employees of a contractor. The staff member has the responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.

Staff members shall use good judgment in their relationships with students beyond their work responsibilities and/or outside the school setting. The Board of Education strictly prohibits and forbids unprofessional, inappropriate and/or sexual/romantic relationships, comments or communications between staff members and students.
 

Staff members who have reason to believe that another staff member is involved in an unprofessional, inappropriate and/or sexual/romantic relationship with a student remain obligated to report this information to their building level supervisors or the Assistant Superintendent of Finance and Human Resources.

[1] All educators are further bound by the Tennessee Teacher Code of Ethics found at Tenn. Code Ann. § 49-5-1001et. seq. 

Policy References

200 - PERSONNEL

206 STAFF CONFLICT OF INTEREST

Last Updated Date: 02/09/2009

Employees of the Sevier County Board of Education will not engage in, or have a financial interest in, any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as members of the school and/or system staff. This includes but is not limited to the following:

• School employees may not purchase for sale to students any goods or equipment or render any service to this school system on a commission basis;
• Employees who have patented or copyrighted any device, publication, or other item will not receive royalties for use of such item in this school system;
• Employees will not engage in any type of work where the source of information concerning a customer, client, or employer originates from information obtained through this school system;
• The Board will make no purchase of supplies, materials, or equipment from a school system employee;
• Employees will not solicit for the purpose of selling instructional supplies, equipment and reference books in a territory that includes the parents of children of any school within this school system; and
• Employees will not serve as an officer (employees may be members.) in any PTA, PTO, parent support group, booster club, or similar organization that would cause an appearance of a conflict of interest.

Policy References

200 - PERSONNEL

207 STAFF-COMMUNITY RELATIONS

Employees have a right to express their views on any issue, but must in each case make clear that the view expressed is not necessarily the official view of the Sevier County Board of Education or the Sevier County School System.

Employees may, on their own time, campaign for or against any candidate or referendum, but they will not use their classroom or system position for political forum or engage in any political promotion or solicitation during school hours.

Any employee who intends to campaign for an elective public office which infringes upon a contracted agreement will present a proposed solution to the Board for consideration. The essential element to be determined by the Board is whether the activities proposed by the employee are consistent with his/her services to this school system and the best interests of education.

Policy References

200 - PERSONNEL

208 SPECIFIC JOB DESCRIPTIONS

Specific job descriptions for various employees of the Sevier County Board of Education will be developed by the superintendent and his/her staff. Such job descriptions become a part of administrative regulations and employees in the specific positions are instructed that such descriptions are the minimum expectations of this Board. Failure to meet these expectations may be possible cause for termination.

Policy References

200 - PERSONNEL

209 PERSONNEL RECORDS

The superintendent or his designee(s) will be authorized to maintain personnel records and to permit inspection of the same. The following personnel records will be maintained for all employees as appropriate:

• Employee applications and contracts;
• Professional certificates and other documents required by state and federal laws and regulations;
• Evaluations
• Cumulative information files including:
  • • Age
    • Experience
    • Qualifications
    • Salary
    • Physical exams
    • Sex
    • Race
    • Names of schools and grade(s) taught
• INS forms

The following guidelines will be followed:

• Information contained in personnel records will be limited to job-related matters;
• The superintendent is responsible for notifying employees of the type of records kept and uses made of such records;
• Employees will be granted an opportunity to respond in writing to material placed in records;
• An employee's own records may be reviewed by that employee and copies of same may made by that employee during regular business hours; and
• Other inspections may be made only by those having a right and a need for review of said records. Other inspections may be made only by those having a right and a need for review of said records.

Policy Reference

200 - PERSONNEL

210 USE OF TOBACCO

Last Updated Date: 08/12/2019

Tennessee law prohibits smoking, as well as the use of electronic cigarettes or vapor products, in all enclosed public places. Further, employees, students, and other persons may not use smokeless tobacco products (e.g. snuff, chewing tobacco, etc.) inside school facilities when students are present. Employees may also not use tobacco or smoke when directing student activities even though these activities may be held after school hours. This includes field trips and athletic events at locations away from school. Adult staff members may be permitted to use tobacco outdoors but not within one hundred (100) feet of any entrance to any building when not supervising students. Tennessee law prohibits the use of tobacco in any form after regular school hours in any public seating areas, including, but not limited to, bleachers for sporting events, or public restrooms.

“Smoke” or “smoking” as used in this policy would include, but not limited to, tobacco smoke or electronic cigarettes. Tennessee law defines “electronic cigarettes as used in this policy as an electronic device that converts nicotine into a vapor that is inhaled by the user. This policy should not be read to prevent employees, volunteers, or other adults from using nicotine gum, patches, or other smokeless, vaporless nicotine-based products when students are not present.

Policy References

200 - PERSONNEL

211 DRUG-FREE WORKPLACE

Drug use can seriously impair an employee's ability to perform his/her job; therefore, it is the policy of the Sevier County Board of Education that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is strictly prohibited. Abiding by the terms of this policy remains a condition precedent to working as an employee of the Board. Any employee violating this policy will be subject to discipline up to and including dismissal. The specifics of this policy are as follows:[1]

• The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in or at the workplace; such manufacture, distribution, dispensation, possession or use while on the job or public property will subject the violator to discipline up to and including dismissal;
   
• The term "controlled substance" means any drug listed in federal/state laws and regulations, including a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970; controlled substances also include "legal drugs" which are not prescribed by a licensed physician to an alleged violator;[2]
   
• Each employee is required by law to inform this Board within five (5) working days after he/she is convicted for violation of any federal or state criminal drug statute when such violation occurred in the workplace or while performing work duties; a conviction means a finding of guilt, a plea of guilt, a plea of nolo contendere or an imposition of a sentence by a judge or jury in any federal or state court;
   
• Within thirty (30) days after receiving notice from an employee of a conviction, pursuant to section 3, the Director or his/her designee shall:

• 1. take appropriate personnel action against the employee, up to and including dismissal; or
      
  2. require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program sponsored by an approved private or public institution;[3]

• The Board shall also work to establish and maintain a drug-free awareness program to inform employees about:

• 1. the dangers of drug abuse in the workplace
      
  2. the Board's policy of maintaining a drug-free workplace;
      
  3. available drug counseling, rehabilitation, and employee assistance programs; and the penalties, up to and including dismissal, that may be imposed on employees for drug abuse violations;

• This policy will be posted permanently in each workplace owned and operated by the Board; employees hired after its adoption will be given a copy and will be required to sign the accompanying acknowledgement as a condition of employment.

REASONABLE SUSPICION TESTING
Tests will be conducted when a supervisor or system official trained in accordance with law possesses reasonable suspicion that an employee violated the system's alcohol or drug prohibitions. Two types of cases for which reasonable suspicion procedures may be invoked are:

1. Chronic
   Deteriorating job performance or changes in personal traits and/or characteristics where the use of alcohol or drugs may be reasonably suspected as the cause.
    
2. Acute
   Appearing in a specific incident or observation to then be under the present influence of alcohol and/or drugs.

Circumstances under which testing may be considered, in either the chronic or acute cases, include, but are not limited to:

• Observed or reported use, possession, or sale of illegal drugs (or controlled substances) and/or the use, possession, sale, or abuse of alcohol;
   
• Apparent physical state of impairment of motor functions;
   
• Marked changes in personal behavior not reasonably attributable to other factors;
   
• Involvement in a pattern of repetitive accidents, whether or not they involve actual or potential injury; and/or
   
• Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or prescription drugs and/or violations of drug statutes.

The foregoing guidelines remain strictly limited in time and place to employee conduct on duty, during work hours, on Board property, in Board property, or at school-related functions. Drug and/or alcohol testing shall be conducted by Board approved, independent, certified laboratories utilizing recognized techniques and procedures. Any employee who fails a drug test administered under this policy will be subject to discipline up to and including dismissal. The Director or his/her designee, however, could also require the employee to participate in a drug abuse assistance or rehabilitation program sponsored by an approved private or public institution.
 

SAFETY-SENSITIVE EMPLOYEES
In the furtherance of achieving the Board’s objectives as described above, all safety-sensitive employees shall be subject to random testing. The term “safety-sensitive employee” means any employee, other than commercially licensed bus drivers, provided with or allowed to operate Board vehicles or heavy equipment.[4] The selection – performed on a quarterly basis – will result in an equal probability that any safety-sensitive employee could be tested. Said testing shall screen randomly selected employees for violations of the system's alcohol or drug prohibitions. Drug and/or alcohol testing shall be conducted by Board approved, independent, certified laboratories utilizing recognized techniques and procedures. Any employee who fails a drug test administered under this policy will be subject to discipline up to and including dismissal. The Director or his/her designee, however, could also require the employee to participate in a drug abuse assistance or rehabilitation program sponsored by an approved private or public institution.
 

RETURN TO DUTY
An employee who has been given the opportunity to undergo rehabilitation for drugs or alcohol will, as a condition precedent of returning to duty, be required to undergo reasonable follow-up testing. The extent and duration of the follow-up testing will depend upon the nature of the employee's position and the nature and the extent of an employee's substance abuse problem. The Director or his/her designee is to review the conditions of continued employment with the employee prior to the employee's returning to work. Any such condition for continued employment shall be given to the employee in writing. An employee who fails a follow-up drug test administered under this policy will be subject to discipline up to and including dismissal.

PRESERVING CONFIDENTIAL RECORDS
Records that pertain to testing screens/results as described herein are recognized to be confidential and sensitive records. Said records shall be maintained by the Director or his/her designee in a secure fashion to insure confidentiality. Records are only disclosed to the extent necessary to address any work-related violations or safety risks stemming from either the drug or alcohol use. All personnel records and information regarding referral, evaluation, test results, and treatment shall be maintained in a confidential manner and no entries concerning such shall be placed in an employee's personnel file.
 

[1] 41 U.S.C.S. § 8103.
[2] 41 U.S.C.S. § 8101.
[3] Id.
[4] More specific rules and testing procedures as to commercially licensed bus drivers can be found in Board Policy 212.

Policy References

200 - PERSONNEL

212 DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

The Sevier County Board of Education shall adhere to federal law and regulations requiring a school bus driver and commercial driver (hereafter referred as driver) drug and alcohol testing program. The testing program will be implemented beginning January 1, 1995.
 

Drivers shall be subject to a drug and alcohol-testing program that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382. Testing procedure and facilities used for the tests shall conform to the requirements of the Code of Federal Regulations, Title 49, Section 40.

Pre-Employment Tests
Tests shall be conducted before the first time a driver performs any safety-sensitive function for the school system.

Safety-sensitive functions include all on-duty functions performed from the time a driver begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work.

The tests shall be required of an applicant only after he/she has been offered a driver's position.

Post-Accident Tests
Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable on any driver:

• Who was performing a safety-sensitive function with respect to the vehicle, if the accident involved loss of human life; or
• Who receives a citation under state or local law for a moving traffic violation arising from the accident.

Drivers shall make themselves readily available for testing, absent the need for immediate medical attention.

No such driver shall use alcohol for eight hours after the accident, or until after he/she undergoes a post-accident alcohol test, whichever occurs first.

If an alcohol test is not administered within two hours or if a drug test not administered within 32 hours, the school system will prepare and maintain records explaining why the test(s) was not conducted. A test will not be given if not administered within eight hours after the accident for alcohol or within 32 hours for drugs.

Tests conducted by authorized federal, state, or local officials will fulfill post-accident testing requirements provided they conform to applicable legal requirements and are obtained by the system. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled substance testing obligations.

Random Tests
Tests will be conducted on a random basis at unannounced times throughout the year. Tests for alcohol will be conducted just before, during, or just after the performance of safety-sensitive functions. The number of random alcohol tests annually must equal 25% of the average number of driver positions. The number of random drug tests annually must equal 50% of the average number of driver positions.

Reasonable Suspicion Tests

Tests will be conducted when a supervisor or system official trained in accordance with law has reasonable suspicion that a driver has violated the system's alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the driver's appearance, behavior, speech, or body odors. The observations may include indications of the chronic and withdrawal effects of controlled substance.

Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before, or just after the period of the work day when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the system shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests will terminate after eight hours.

A supervisor or system official who makes observations leading to a controlled substance reasonable suspicion test will make a written record of his/her observations within 24 hours of the observed behavior or before the results of the drug test are released, which ever is earlier.

Enforcement
Any driver who refuses to submit to a post-accident, random, reasonable suspicion or follow-up tests will not perform or continue to perform safety-sensitive functions.

Drivers who test positive for alcohol or drugs will be subject to disciplinary action up to and including dismissal.

A driver who violates system prohibitions related to drugs and alcohol will receive from the system the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug and alcohol-related problems. The driver will be evaluated by a substance abuse professional who will determine what help, if any, the driver needs in resolving such a problem. Any substance abuse professional who determines that a driver needs assistance will not refer the driver to a private practice, person or organization in which he/she has a financial interest, except under circumstances allowed by law.

Any driver identified as needing help in resolving a drug or alcohol problem will be evaluated by a substance abuse professional to determine that he/she has properly followed the prescribed rehabilitation program and will be subject to unannounced follow-up tests after returning to duty.

Return-to-Duty Tests
A drug or alcohol test will be conducted when a driver who has violated the system's drug or alcohol prohibition returns to performing safety-sensitive duties. Drivers whose conduct involved drugs cannot return to duty in safety-sensitive functions until the return-to-duty drug test produces a verified negative result. Drivers whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty alcohol test produces a verified result that meets federal standards.

Follow-up Tests
A driver who violates the system's drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem will be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with law. Follow-up alcohol testing will be conducted just before, during or just after the time when is driver is performing safety-sensitive functions.

Records
Driver drug and alcohol test results and records will be maintained under strict confidentiality and released only in accordance with law. Upon written request, a driver will receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests. Records will be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.

Notifications
Each driver shall receive educational materials that explain the requirements of the Code of Federal Regulations, Title 49, Part 382, together with a copy of the system's policy and regulations for meeting these requirements. The information will identify:

•  The person designated by the district to answer driver questions about the materials;
• The categories of drivers who are subject to the Code of Federal Regulation, Title 49, Part 382;
• Sufficient information about the safety-sensitive function performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;
• Specific information concerning driver conduct that is prohibited by Part 382;
• The circumstance under which a driver will be tested for drugs and/or alcohol under Part 382;
• The procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processes, safeguard the validity of test results and ensure that test results are attributed to the correct driver;
• The requirement that a driver submit to drug and alcohol tests administered in accordance with Part 382;
• An explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences;
• The consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation, and treatment;
• The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less that 0.04;(the consequences are the driver not being allowed to drive for a minimum of 24 hours and if results are 0.04 or greater failure of the alcohol test by the driver) and
• Information concerning the effects of drugs and alcohol on an individual's health, work and personal life; signs and symptoms of a drug or alcohol problem (the driver's or a coworker's); and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to an employee assistance program and/or referral to management.

The driver will also receive information about legal requirements, system policies and disciplinary consequences related to the use of alcohol and drugs.

Each driver shall sign a statement certifying that he/she has received a copy of the above materials.

Before any driver operates a commercial motor vehicle/school bus, the system will provide him/her with post-accident procedures that will make it possible to comply with post-accident testing requirements.

Before drug and alcohol tests are performed, the system will inform drivers that the tests are given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice will be provided only after the compliance date specified in law.

The system will notify a driver of the results of a pre-employment drug test if the driver requests, in writing, such results within 60 calendar days of being notified of the disposition of his/her employment application.

The system will notify of the results of random, reasonable suspicion and post-accident drug tests if the test results are verified positive. The system will also tell the driver which controlled substance(s) were verified as positive.

Drivers will inform their supervisors if at any time they are using a controlled substance, which their physician has prescribed for therapeutic purposes. Such a substance may be used only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle/school bus.

Policy References

200 - PERSONNEL

213 CERTIFIED & NON-CERTIFIED PERSONNEL

Certified personnel are those personnel whose employment status require certification in accordance with rules and regulations of the State Board of Education, SACS, and/or policies of the Sevier County Board of Education.

Non-certified personnel are those personnel whose employment status does not require certification in accordance with rules and regulations of the State Board of Education, SACS, and/or policies of the Sevier County Board of Education. Non-certified staff includes, but is not limited to, the following employees: bookkeepers, secretaries, clerks, maintenance staff, custodians, cafeteria workers, instructional assistants, and transportation employees.

Policy References

200 - PERSONNEL

214 CONTRACTS FOR CERTIFIED PERSONNEL

Last Updated Date: 08/15/2011

All certified personnel will have a fixed salary per month upon entering their duties. All certified personnel, with the exception of the Director, are employed under renewable one-year contracts, consistent with the school year.

Policy References

200 - PERSONNEL

215 QUALIFICATIONS AND DUTIES OF TEACHERS

All teachers will be certified in accordance with state law and the regulations of the State Department of Education, SACS, and Sevier County Board of Education policies and regulations. Such certificate will be on file in the office of the superintendent prior to beginning employment.

It is the responsibility of the employee to secure a certificate and to maintain its validity. When a teacher must be terminated because the teacher's certificate has lapsed or otherwise becomes invalid, the superintendent may suspend the teacher without pay pending disposition of the matter. The teacher will be notified of the reason for the suspension and given an opportunity for a hearing before the Sevier County Board of Education.
 

In addition to duties specified in other policies and applicable law, teachers will be responsible for the following duties:

• To give full, willing, and helpful cooperation in carrying out all reasonable instructions or extra assignments which are given by the principal before, after, and during the school day;
• To give instruction to the students in the areas assigned by the Board, superintendent, and principal;
• To record accurately the number of students present and absent each day in the manner prescribed by the Board, superintendent, and principal;
• To follow state and local courses of study, to follow rule and regulations of the state and policies of the Board, and to follow school rules and policies established by the principal;
• To maintain cordial relationships with the parents and community;
• To keep parents duly informed of the child's progress and hold conferences with parents when necessary;
• To report to the principal of the school when one knows or reasonably suspects that a child's health or welfare has been or appears to have been harmed as a result of abuse or neglect; and
• To perform such other duties as may be assigned by the principal.

Policy References

200 - PERSONNEL

216 HIRING OF PERSONNEL

Last Updated Date: 03/11/2019

Once administration screening has been completed, and an applicant is recommended for employment, the final stage of screening will commence, including: Opportunity for employment, as well as continuation and advancement in employment, will be afforded equally to members of all races, creeds, colors, genders, sexes, religions, ages, national origins, genetic backgrounds, and to any individuals with disabilities or veteran status.
 

Though all employees are employed by the Director of Schools, the school system requires the following screening process before any position can eventually be approved by the Director.

Initial Screening

 All job applicants must fully and truthfully complete an Application for Employment, submitting the same to the Human Resources Department at the district’s central office in Sevierville. Human Resources will perform an initial screening, eliminating any applicant from consideration who:

• Failed to fully and truthfully complete the Application;
• Disclosed a prior felony conviction;
• Disclosed any prior conviction related to sexual crimes, and/or crimes against children; or
• (For Certified Personnel) Failed to possess either an active or pending license according to the State of Tennessee.

Administrator Screening

Following initial screening, Human Resources will provide an applicant’s information to the proper administrator/supervisor for further screening. For most employees, the responsibility for this screening shall fall on the appropriate building level supervisor, or another designated administrator within the same building. The exceptions to the foregoing rule are as follows:

• ELL, band, art, music, and nursing applicants will be screened by central office supervisors;
• Special education teacher assistant (TAs) applicants will be screened by special education supervisors;
• Maintenance applicants will be screened by maintenance supervisors; and
• Bus driver applicants will be screened by transportation supervisors.

During this stage of screening, an administrator or supervisor will interview an applicant. If the interview goes well, an administrator or supervisor will then:

• Contact and speak with an applicant’s supervisor at the last school he/she was employed by. (If the applicant has no prior school experience, contact will be made to the applicant’s supervisor at his/her last place of employment.); and
• Contact and speak with two or more references provided within the Application for Employment.

Before an applicant can move into the next stage of screening, forms must be signed by the administrator/supervisor, Human Resources, and the proper department head. Said forms will simply confirm that the foregoing process was completed in full.

Final Screening

Once administration screening has been completed, and an applicant is recommended for employment, the final stage of screening will commence, including:

• Criminal history background checks as required by law; and
• (For Certified Personnel) Secondary licensure check to ensure an applicant’s license has not been flagged, suspended, or revoked since initial screening.

Policy References

200 - PERSONNEL

217 NON-TENURED CERTIFIED STAFF

Last Updated Date: 08/15/2011

Non-tenured teachers are subject to the same rules and regulations and are entitled to the privileges of employment enjoyed by tenured teachers except that they have no claim upon continuing employment or tenure protection.

The Sevier County Board of Education is under no obligation to re-employ non-tenured teachers at the end of their contract period. Within the approved budget and consistent with existing state laws, the Director of Schools may non-renew the contract of any non-tenured teacher.

The Board, after receiving recommendations from the Director, may grant tenure to teachers who have taught in the system for five years, or not less than 45 months within the last seven-year period, the last two years being employed in a regular teaching position rather than an interim teaching position.

Policy References

200 - PERSONNEL

218 CERTIFIED EVALUATION PROCEDURES

Last Updated Date: 09/12/2011

The Sevier County School System will use the standard evaluation processes developed by the State Board of Education for System’s certified personnel when evaluating both tenured and non-tenured teachers.

The principal is responsible for conducting evaluations in his/her school. He/she may designate a certificated employee who is trained in the evaluation procedures to assist in the evaluation.

Each teacher will be given access to a copy of his/her evaluation.

The Board will comply with Tennessee law that requires the Board to develop a local-level grievance procedure to provide means for certified personnel to challenge only the accuracy of the data used in the evaluation and the adherence to the evaluation policies adopted by the State Board of Education.

“Accuracy of the data” means only that the data identified with the particular person being evaluated is correct.

Minor procedural errors in implementing the evaluation model shall be resolved at the lowest possible step in the grievance procedure but shall not constitute grounds for challenging the final results of the evaluation. Minor procedural errors shall be defined as errors that do not materially affect or compromise the integrity of the evaluation results. The final results of an evaluation may only be challenged if the person being evaluated can demonstrate, no later than step II of the grievance procedure that the procedural errors made could materially affect or compromise the integrity of the evaluation results. The State Department of Education shall provide guidance on which procedural errors may materially affect or compromise the result of evaluations.
 

This grievance process will only address and fairly resolve grievances regarding the procedural errors in the evaluation process. It cannot be used to address disputes regarding employment actions taken based upon the results of any evaluation. More significant due process rights are provided in state law for teachers as results of employment actions taken. In addition, a person who is evaluated is assured that there is a procedure for resolving grievances without fear, discrimination, or reprisal.

A grievance must be filed no later than 15 days from the end of the summative evaluation, otherwise it will be considered untimely and invalid. Grievances will be in written form. The person filing a grievance may retain counsel at any point in the procedure. The written grievance must include the following:

• The grievant’s name, position, school, and additional title if any;
• The name of the grievant’s immediate supervisor;
• The name of the evaluator/reviewer;
• The date the challenged summative evaluation was received;
• The evaluation period in question;
• The basis of the grievance;
• The corrective action desired by the grievant; and
• Sufficient facts or other information to begin an investigation.

Failure to include specific reasons for the grievance will result in the grievance being considered invalid. All student achievement date used in evaluations must be made available to the individual educator prior to the completion of the evaluation process.

Grievances will be processed by working through 3 steps as follows:

Step 1 - Evaluator

• Written grievance submitted to evaluator no later than 15 days from the end of the summative evaluation;
• Administrative investigation and fact finding;
• Decision provided to the grievant in writing within 15 day of the receipt of the complaint; and
• The evaluator may take actions necessary to resolve any procedural error (if any were made) to allow the dispute to be resolved at the lowest level possible.

Step 2 - The Director of Schools or Designee

• The Director or the designee may not have had any input or involvement in the disputed evaluation.
• The written grievance and decision from the prior step must be submitted within 15 days. The Director must hear the grievance if the grievant is a principal.
• Informal discussion or hearings of facts, allegations, and testimony by appropriate witnesses will occur as soon as practical.
• After investigation is completed, a written decision will be given to the grievant within 15 days of the informal discussion. The Director of Schools may take any action he/she deems appropriate to resolve the dispute at this step.

Step 3 - The Board of Education

• Any grievant may request a hearing before the Board of Education by submitting the written grievance and all relevant documentation to the Board within 15 days of the decision from Step II.
• The Board, based upon a review of the record, may grant or deny a request for a full Board hearing and may affirm or overturn the decision from Step II.
• Any hearing granted the Board will be held within thirty days after the request for a hearing is received.
• The Board will give written notice of the time and place of such a hearing to the grievant, the Director of Schools and all administrators involved.
• The Board will provide a written decision to all parties within 30 days after the hearing.
• The Board is the final step for all grievances.

Please note that all time periods (15 days or 30 days) are working days.

Policy References

200 - PERSONNEL

219 SEPARATION PRACTICES FOR TENURED TEACHERS

Last Updated Date: 11/03/2014

Suspension of Three Days or Less

A director of schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct and/or insubordination. Before a teacher is suspended, s/he shall be: (1) provided with written notice, including the reasons for the suspension along with an explanation of the evidence; (2) given an opportunity to respond to the director at a conference, if requested within five (5) days; and (3) given a written decision of the suspension within ten (10) days. Both parties may be represented by counsel at the conference, which shall be recorded either by audio or by a court reporting service.

Dismissal or Suspensions Greater Than Three Days
The Director of Schools shall not suspend a teacher for more than ninety (90) days pending an investigation unless the matter under investigation is the subject of an ongoing criminal investigation or a department of children’s services investigation. When charges are made against a tenured teacher, charging the teacher with offenses that may justify dismissal or a suspension greater than three days, the charges shall be made in writing, specifically stating the offenses, which are charged and shall be signed by the party or parties making the charges.

If, in the opinion of the Board, the charges are of such nature as to warrant the release or a suspension greater than three days of the teacher, the director of schools shall give the teacher a written notice of this decision, a copy of the charges against the teacher, and a copy of a form provided by the Commissioner of Education advising the teacher of his/her legal duties, rights, and recourse.

A tenured teacher who has been given notice of charges against him/her may within thirty (30) days after receipt of notice give written notice to the director of schools of his/her request for a hearing. The director of schools shall, within five (5) days after receipt of request, assign a hearing officer qualified to hear the appeal.

The hearing officer shall notify the parties, or their attorneys, of the officer’s assignment and direct the parties or the attorneys, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing. That hearing shall be set no later than thirty (30) days following the receipt of the initial request for a hearing, unless otherwise modified by agreement of the parties. In the discretion of the hearing officer, all or part of any per-hearing conferences may be conducted by phone if each participant has an opportunity to participate, be heard, and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings. Either party may appeal to the Board of Education an adverse ruling by giving written notice of appeal within ten (10) working days of the hearing officer’s delivery of the hearing officer’s written findings and conclusion. The director of schools shall prepare a copy of the proceedings, including all transcripts and evidence, documentary or otherwise, and transmit the same to the Board within twenty (20) days of the receipt of the notice of appeal.

The Board shall hear the appeal on the record, and no new evidence may be submitted or discussed by either party. The appealing party or his/her attorney may appear before the Board to argue why the adverse ruling should be overturned. At the conclusion of the hearing, any member of the Board may vote to sustain the decision of the Hearing Officer, send the record back for additional evidence, revise the penalty, or reverse the decision. The Board shall render its decision within ten (10) working days after the conclusion of the hearing. In the event that the decision of the Board is appealed to the Chancery Court, the Board shall transmit the entire record prepared by the director and reviewed by the Board to the Chancery Court for its review.

Resignation
A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days’ notice requirement and permit a teacher to resign in good standing.

The conditions under which it is permissible to break a contract with the Board are as follows:

• The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board.
• The release by the Board of the teacher from the contract, which the teacher has entered into with the Board.

Any teacher on leave shall notify the director of schools in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.

Upon a breach of contract, the Board, upon motion recorded in it minutes, may file a complaint with the Commissioner and request the suspension of a teachers certificate.

Policy References

200 - PERSONNEL

220 CERTIFIED TRANSFERS

Last Updated Date: 08/15/2011

Any change in a school assignment may made by the Director of Schools following current state laws and regulations.

Notification of personnel being transferred may be informed by the Director or his/her designee in writing if the transfer occurs during the school year.

Policy References

200 - PERSONNEL

221 SEPARATION PRACTICES FOR NON-TENURED TEACHERS

Last Updated Date: 11/03/2014

Suspension of Three Days or Less
A director of schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct and/or insubordination. Before a teacher or other certified employee is suspended, s/he shall be: (1) provided with written notice, including the reasons for the suspension along with a summation of the evidence; (2) given an opportunity to respond to the director at a recorded conference, if requested, within five (5) days; and (3) given a written decision of the suspension within ten (10) day of the conference. Both parties may be represented by counsel at the conference, which shall be recorded either by audio or a court reporting service via audio or a court reporting service.

Dismissal or Suspensions Greater Than Three Days

The Director of Schools shall not suspend a teacher for more than ninety (90) days pending an investigation unless the matter under investigation is the subject of an ongoing criminal investigation or a department of children’s services investigation. The director of schools may dismiss or suspend for more than three days any non-tenured teacher or other certified employee during the contract year for incompetence, inefficiency, insubordination, improper conduct and/or neglect of duty after giving the employee, in writing, due notice of the charges.

The director of schools shall give the employee an opportunity for a full and complete hearing before an impartial hearing officer.
 

The Board will appoint an impartial hearing officer to conduct such hearings. The hearing officer will hear the case and the employee shall have the right to:

• Be represented by counsel;
• Call and subpoena witnesses;
• Examine all witnesses; and
• Require that all testimony be given under oath

Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing. The employee may appeal the decision to the Board within ten (10) working days of the hearing officer rendering the written decision to the employee. Written notice of appeal to the Board shall be given to the director of schools. Within twenty (20) days of receipt of notice, the director shall prepare a copy of the proceedings, transcript, documentation, and other evidence presented and provide the Board with a copy of the same.

The Board shall hear the appeal. No new evidence shall be introduced or discussed. The employee may appear in person or be represented by counsel and argue why the decision should be modified or reversed. The Board shall take one of the following actions:

• Sustain the decision;
• Send the record back if additional evidence is necessary; or
• Revise the penalty or reverse the decision.

Before any decision to dismiss is made, a majority of the membership of the Board shall concur in sustaining the charges. The Board shall render a decision on the appeal within ten (10) working days after the conclusion of the hearing.

The director of schools shall also have the right to appeal any adverse ruling by the hearing officer in the same manner as the employee.

Within twenty (20) days after receipt of notice of the decision of the Board, either party may appeal to the Chancery Court in the county where the school system is located. The Board shall provide the entire record of the hearing to the Court.

Non-Renewal

Non-tenured teachers are subject to the same rules and regulations and are entitled to the privileges of employment enjoyed by tenured teachers expect that they have no claim upon continued employment or tenure protections.

The principal is responsible for discussing deficiencies as part of the evaluation process with the non-tenured teacher and providing assistance for overcoming these deficiencies.

The director of schools is under no obligation to re-employ non-tenured teachers or other certified employees at the end of their contract period. If the director of schools determines not to renew the contract, the following action shall be taken:

• The Board shall be notified at the next regular board meeting; and
• Written notice of non-renewal shall be hand-delivered or sent to the employee by registered mail so that it will be received by the employee prior to June 15.

Resignation

A teacher or other certified employee shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days’ notice requirement and permit the employee to resign in good standing.

The conditions under which it is permissible to break a contract with the Board are as follows:

• The incapacity on the part of the employee to perform the contract as evidenced by the certified statement of a physician approved by the Board.
• The release by the Board of the employee from the contract which the employee has
  entered into with the Board.

Any certified employee on leave shall notify the director of schools in writing at least thirty (30) days prior to the date of return if the employee does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.

Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with the Commissioner and request the suspension of the employee’s license

Policy References

200 - PERSONNEL

222 RESIGNATION BY CERTIFIED PERSONNEL

A teacher will give the superintendent notice of resignation of at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances, will forfeit all tenure status. The Board may waive the thirty (30) days notice requirement and permit a teacher to resign in good standing.
 

The conditions under which it is permissible to break a contract with the Board are as follows:

• The incapacity on the part of the teacher to perform the contract as evidenced by statement of a physician; and
• The release by the Board of the teacher from the contract which the teacher entered into with the Board.

Any teacher on leave will notify the superintendent in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.

Policy References

200 - PERSONNEL

223 RETIREMENT OF CERTIFIED PERSONNEL

Retirement will mean a termination of services under conditions which will allow the employee to draw benefits from retirement plans and/or social security benefits.

Employees eligible for retirement benefits may elect to retire at an age subject to the provisions of the retirement system.

Central office personnel will assist employees in securing benefits; however, it will be the responsibility of the retiring employee to file for benefits.

Retired teachers may substitute up to ninety (90) days per year without loss of retirement benefits, and may substitute for an additional ninety (90) days if the superintendent certifies in writing to the Board that no other qualified personnel are available as substitute teachers.

Policy References

200 - PERSONNEL

224 DISCRIMINATION AND HARASSMENT OF EMPLOYEES

Last Updated Date: 04/14/2014

The Sevier County Board of Education supports and complies with state and federal laws providing protected class status to an employee’s race, sex, color, religion, national origin, age (40 and over), pregnancy, military/veteran status, and genetic information. [1] As such, the Board will not tolerate discrimination, harassment and/or retaliation related to the foregoing.

Harassment

Harassment is defined as conduct, advances, gestures or words of a nature which:

• Unreasonably interfere with an individual's work or performance;
• Imply that submission to such acts is an explicit/implicit term of employment;
• Create an intimidating, hostile or offensive work environment; or
• Imply that submission to or rejection of such acts will be used as a basis for an employment decision(s).

Report
The Assistant Superintendent of Finance and Human Resources shall be responsible for coordinating the system's efforts in prohibiting discrimination, harassment and/or retaliation (complaints of disability discrimination, harassment and/or retaliation remain governed by Board Policy 016). An employee should feel free to direct any such complaint to his/her building level supervisor. If seeking to make a complaint regarding or involving the building level supervisor, however, an employee should feel free to direct any such complaint to the Assistant Superintendent of Finance and Human Resources. The current Assistant Superintendent of Finance and Human Resources’ name and contact information can be found via the school system’s website (www.sevier.org) or by calling the main office (865-453-4671). No corrective actions or retaliation shall occur as a result of good faith reporting of charges regarding discrimination, harassment or retaliation.

Review
Building level supervisors who receive complaints under this policy must report those complaints to the Assistant Superintendent of Finance and Human Resources. Upon notice of a complaint falling under this policy, the Assistant Superintendent of Finance and Human Resources will either review or designate another administrator to review said complaint.

After reviewing and investigating a complaint, the Assistant Superintendent of Finance and Human Resources or his/her designee will make a determination as to whether discrimination, harassment and/or retaliation occurred. When investigating and reviewing a complaint, the Assistant Superintendent of Finance and Human Resources or his/her designee should – whenever possible – consider credibility, documentary/tangible evidence and interviews of the complainant, the accused and necessary third-party witnesses. The Assistant Superintendent of Finance and Human Resources shall retain a copy of any determination made pursuant to this policy, whether it was made by the Assistant Superintendent or his/her designee.

Action

If the Assistant Superintendent of Finance and Human Resources or his/her designee determines that discrimination, harassment and/or retaliation occurred (i.e. the complaint is more likely to be true than not true), he/she must either take corrective action or recommend that the Director of Schools take corrective action. In compliance with state and federal law, “corrective action” could include, but shall not be limited to: oral warning; written reprimand; transfer; reassignment; demotion; suspension; dismissal; training; counseling; or written improvement plan.

If a party remains unsatisfied with the initial determination, he/she can request the Director of Schools to review. After review of the complaint, the investigation and the initial determination, the Director of Schools shall take such action as he/she deems appropriate under the law. If still unsatisfied, a party can request the Board of Education’s review. The Board will hear and review only complaints which have already been carried through the above-procedures.


[1] Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964; Americans with Disabilities Act; Americans Age Discrimination in Employment Act of 1967; 29 C.F.R. § 1604.11.

Policy References

200 - PERSONNEL

225 PERSONNEL HEALTH EXAMINATIONS AND COMMUNICABLE DISEASES

All employees, prior to entering service, will present a certificate showing a satisfactory health record. Employees will inform the superintendent whenever they contract a contagious or communicable disease.

No employee who has any communicable disease will perform his/her duties in any location where such might endanger the health of school children. The Board will require any employee to submit to a physical examination by a physician whenever there is reason to believe that the employee has any communicable disease.

The superintendent will reassign or suspend any employee who is suspected of having a communicable disease which might endanger the health of children, pending investigation and final disposition of the case before the Board.

To assist the Board in making a final disposition of the case, the superintendent may refer the case to the County Health Office or other medical experts.

After the initial certification, employees performing duties such as bus drivers or cafeteria workers will be required to provide timely certifications as federal or state law or regulations require. Other employees will not be required to provide certifications unless there is a break in service of twelve months or more.

Policy References

200 - PERSONNEL

226 NON-SCHOOL EMPLOYMENT FOR CERTIFIED PERSONNEL

A given certified position may require additional hours during evenings or other times when offices may be closed. Outside employment is regarded as employment for compensation which is not within the duties and responsibilities of the employee's regular position with the school system.

An employee will not perform any duties related to an outside job during his/her regular working hours or during the additional time that the responsibilities of the position require, nor will an employee use any system facilities, equipment, or materials in performing outside work.

When the periods of work are such that certain evenings, days or vacation periods are duty-free, the employee may use such off-duty time for the purposes of remuneration provided the work in no way interferes with the degree of effectiveness of his/her work in the school system nor the work in no way reflects detrimentally upon the school system or its prestige.

Policy References

200 - PERSONNEL

228 EMERGENCY AND LEGAL LEAVE

An immediate supervisor may grant an employee emergency leave during the workday for a sudden, unexpected occurrence demanding immediate attention. Leave will be taken as personal leave, sick leave, or leave without pay. The employee who uses emergency leave will complete appropriate forms for the time off upon returning to work.

When an employee is summoned for jury duty he/she may serve as the court directs. The employee will be entitled to the usual compensation but shall turn over to the Board the amount paid the court for jury duty.

Policy References

200 - PERSONNEL

229 SICK LEAVE

Last Updated Date: 04/04/2011

Sick leave for personnel will accrue at one (1) day for each month employed during the school year and will accumulate for an unlimited number of days. If an employee chooses to use paid sick leave due to a serious illness as defined by the Family Medical Leave Act (FMLA), any paid sick leave day shall also be counted against the employee’s available FMLA leave. Any and all requests for unpaid leave stemming from a serious health condition shall fall under the Board’s FMLA policy.

Sick leave will be defined as an illness of an employee from natural causes or accident, quarantine, or illness or death of a member of the immediate family of an employee, including spouse, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law.

For paid sick leave requests beyond five (5) consecutive working days, a signed statement by a licensed physician listing the necessary duration of the absence will be provided by the employee on forms furnished by the Director of Schools. Such forms should be promptly given to the immediate supervisor for all claims for sick leave. If paid sick leave extends beyond twenty (20) consecutive working days, the Director of School or his/her designee may require the employee to provide subsequent physician’s statements that the employee remains unable to return to work. The Director or designee may also require a second physician’s opinion with such cost paid by the system. Upon written request of the employee accompanied by a statement from her licensed physician verifying pregnancy, any employee who goes on maternity leave shall be allowed to use all or a portion of her accumulated paid sick leave for maternity leave purposes during the period of her physical disability only, as determined by her physician. A falsified statement could be grounds for dismissal.

A supervisor shall notify the Director of Schools’ office upon learning that an employee will be out twenty (20) or more days. Permanent, cumulative sick leave records for each employee will be kept in the Director of Schools’ Office.

Teachers, upon employment, may transfer his/her accumulated sick leave from another Tennessee public school system, provided the Director of the system in which the accumulated leave was held provides verification of same.

If the Director of Schools or designee determines that an employee’s absence from assigned duties is required as a result of personal physical injuries caused by a physical assault or other violent criminal act committed against the employee while on duty, the system will grant paid personal injury leave for those days of absence.

To qualify for personal injury leave, the employee must provide the Director of School with written notification, within five working days of the injury, provide evidence that the employee sought immediate medical attention after the incident, and a signed statement from a physician stating the nature, extent and expected duration of the injury leave. The Director of School’s may also request a second opinion at system expense. The employee may choose to use accumulated sick leave at his/her option rather than requesting injury leave.

Policy References

200 - PERSONNEL

229 SICK LEAVE

Last Updated Date: 04/04/2011

Sick leave for personnel will accrue at one (1) day for each month employed during the school year and will accumulate for an unlimited number of days. If an employee chooses to use paid sick leave due to a serious illness as defined by the Family Medical Leave Act (FMLA), any paid sick leave day shall also be counted against the employee’s available FMLA leave. Any and all requests for unpaid leave stemming from a serious health condition shall fall under the Board’s FMLA policy.

Sick leave will be defined as an illness of an employee from natural causes or accident, quarantine, or illness or death of a member of the immediate family of an employee, including spouse, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law.

For paid sick leave requests beyond five (5) consecutive working days, a signed statement by a licensed physician listing the necessary duration of the absence will be provided by the employee on forms furnished by the Director of Schools. Such forms should be promptly given to the immediate supervisor for all claims for sick leave. If paid sick leave extends beyond twenty (20) consecutive working days, the Director of School or his/her designee may require the employee to provide subsequent physician’s statements that the employee remains unable to return to work. The Director or designee may also require a second physician’s opinion with such cost paid by the system. Upon written request of the employee accompanied by a statement from her licensed physician verifying pregnancy, any employee who goes on maternity leave shall be allowed to use all or a portion of her accumulated paid sick leave for maternity leave purposes during the period of her physical disability only, as determined by her physician. A falsified statement could be grounds for dismissal.

A supervisor shall notify the Director of Schools’ office upon learning that an employee will be out twenty (20) or more days. Permanent, cumulative sick leave records for each employee will be kept in the Director of Schools’ Office.

Teachers, upon employment, may transfer his/her accumulated sick leave from another Tennessee public school system, provided the Director of the system in which the accumulated leave was held provides verification of same.

If the Director of Schools or designee determines that an employee’s absence from assigned duties is required as a result of personal physical injuries caused by a physical assault or other violent criminal act committed against the employee while on duty, the system will grant paid personal injury leave for those days of absence.

To qualify for personal injury leave, the employee must provide the Director of School with written notification, within five working days of the injury, provide evidence that the employee sought immediate medical attention after the incident, and a signed statement from a physician stating the nature, extent and expected duration of the injury leave. The Director of School’s may also request a second opinion at system expense. The employee may choose to use accumulated sick leave at his/her option rather than requesting injury leave.

Policy References

200 - PERSONNEL

230 PERSONAL, PROFESSIONAL, AND BEREAVEMENT LEAVE

Last Updated Date: 01/09/2023

Personal and professional leave will be granted in accordance with the laws of the State of Tennessee and Board policy for certified and non-certified personnel.

All full-time employees will earn personal leave at the rate of one day for each half-year employed for a total of two (2) days per year. Either or both of these two days remaining unused at the end of a year will be credited to sick leave. In addition, employees will earn an additional personal leave day per year for each ten (10) years of for the first twenty (20) years of employment with the Sevier County Board of Education; after 20 years of employment, employees will earn an additional personal leave day for each five (5) years of employment. This employment must be with the Sevier County Board of Education. This additional leave will not accumulate and employees will be compensated for any unused leave in accordance with the non-used personal leave incentive program.

No more than ten (10) per cent of the teachers in any school may use personal leave on the same day without prior approval by the school principal. Teachers may not use personal leave during the last two weeks of school unless prior approval is received from the Director or his/her designee. Teachers may not use personal leave to extend a holiday period such as the Christmas break, etc. without prior approval from the Director.

Up to three (3) days of bereavement leave will be granted on the occasion of the death of an employee's spouse, child, grandparent, grandchild, parent, sister, brother, parent-in-law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law. An additional two (2) days may be granted upon request to the Director of Schools for immediate family members only.

Policy References

200 - PERSONNEL

231 LONG-TERM LEAVES OF ABSENCE

Any full-time employee will be granted leave for military service, legislative service, maternity, adoption, recuperation of health, or other sufficient reason without loss of accumulated sick leave credits or tenure status if applicable. All leaves will be requested in writing at least thirty (30) in advance if at all possible. For certified personnel, if the leave is less than twelve (12) months, an interim teacher will fill the position. If the teacher returns within the twelve (12) months the interim teacher will relinquish the position. If the leave exceeds twelve (12) months, the teacher may be placed in the same or a comparable position upon return.

Part-time employees may be granted leave by the Board upon written request.

Every employee is expected to notify the superintendent at least thirty (30) days prior to the expected date of return if the employee does not intend to return to his/her position. Failure to give such notice will be considered breach of contract for certified personnel.

All leave granted in conformance with this policy will be without pay except as may be covered by sick leave where appropriate and military leave as required by federal and state law. The Board will keep the employee under any group health plan for the first twelve weeks of the leave after which time employees shall have the opportunity to continue participation at their own expense.

Policy References

200 - PERSONNEL

232 MILITARY LEAVE

Last Updated Date: 05/09/2016

The Sevier County Board of Education supports its employees involved in military service and complies with any applicable state and federal laws pertaining to or relating to military leave. The Board grants military leave to employees who volunteers or are called to active duty with the armed forces. The Board will pay those employees for any accrued vacation time. Upon release from active duty, those current or former employees shall be entitled to re-employment rights as provided under the Uniformed Services Employment and Re-employment Rights Act (USERRA).

The Board also grants paid military leave who are members of any military reserve component. The paid leave account for such time as those employees are in field training or active duty for periods not to exceed twenty (20) per calendar year. An employee called to active duty by the governor to enforce the laws of the state will be paid his/her regular salary for such time as he/she is engaged in the performance of such duty, and any time spent in active state duty will not count against the twenty (20) calendar days allowed for paid military leave. Employees requesting military leave should provide a copy of his/her military orders upon request by the Director of Schools.

The Board allows employees to take up to twelve (12) weeks of qualifying exigency leave because an employee’s spouse, parent, or child has been called to active duty in support of a contingency operation. This leave applies to employees with these family members who serve in the National Guard, Reserves, or certain retired military personnel. It has no application to those family members in the full-time military services. An employee requesting qualifying exigency leave must submit a written request, a copy of the active-duty military orders or a completed Form WH 384 from the US Department of Labor.

The Board also allows employees to take up to twenty-six (26) weeks of military care leave because an employee’s spouse, parent, child, or next of kin incurred an injury or illness in the line of duty in the armed forces. An employee requesting military caregiver leave must submit either a certification from the specific military health care provider or a completed Form WH 385 from the US Department of Labor.

Policy References

200 - PERSONNEL

233 LEGISLATIVE LEAVE

Employees who have been elected to state or local law-making bodies will be granted personal leave, as earned as described in Board policy, vacation, as earned as described in Board policy, or leave without pay for the time those law-making bodies are in official session or while attending official meeting outside the session.

Policy References

200 - PERSONNEL

234 LEAVE AND ACCOMMODATION

Last Updated Date: 04/14/2014

Family and Medical Leave (FMLA) [1]

An employee who has worked for the Board of Education for at least 12 months, and who has at least 1,250 hours of service for the Board during the 12 month period immediately preceding leave, [2] will be granted, upon request, at least twelve (12) weeks of unpaid leave for:

• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
• Care for a spouse, son, daughter, or parent who has a serious health condition;
• A serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• Any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. [3]

An eligible employee as noted above may also take up to 26 workweeks of leave during a single 12 month period to care for a covered servicemember with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. [4] Under certain circumstances, eligible employees as noted above may take FMLA leave on an intermittent or reduced schedule basis. When leave is needed for planned medical treatment, however, an employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the school system's operations. [5]

When an employee requests FMLA leave due to his/her own serious health condition or a covered family member's serious health condition, the Board may require certification in support of the leave from a health care provider. The Board may also require second or third medical opinions and periodic recertification of serious health condition. [6]

Accommodation

It is the Board's policy to comply with all federal and state laws concerning the employment of persons with disabilities and act in accordance with related guidance issued by the Equal Employment Opportunity Commission ("EEOC"). When an individual with a disability requests accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, he/she will be given the same consideration for employment as any other applicant/employee. Applicants or employees who pose a direct threat to the health, safety and well-being of themselves or others in the workplace when the threat cannot be eliminated by reasonable accommodation will not be hired or retained. Applicants or employees should contact a building level supervisor or the Assistant Superintendent of Finance and Human Resources with any questions/requests for accommodation.  

Definitions

"Disability" means a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment or being regarded as having such an impairment. [7]

"Direct threat" means a significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation. [8]

"Reasonable accommodation" includes any changes to the work environment and may include making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, telecommuting, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. [9]

"Undue hardship" means an action requiring significant difficulty or expense by the Board. [10]

"Essential functions" refer to those job activities that are determined by the Board to be essential or core to performing the job; these functions cannot be modified. [11]
 

[1] 29 U.S.C. ch. 28 § 2601 et. seq. 29 u.s.c. § 2611(2).

[2] 29 U.S.C. § 2611(2).
[3] 29 U.S.C. § 2612(a)(l).
[4] 29 U.S.C. § 2612(a)(3).
[5] 29 U.S.C. § 2612(b )(3).
[6] 29U.S.C. § 2613.

[7] 42 u.s.c. § 12102(1).
[8] 42 u.s.c. § 12111 (3).
[9] 42 u.s.c. § 12111(9).
[10] 42 u.s.c. § 12111(10).
[11] 42 u.s.c. § 12111(9).  

Policy References

200 - PERSONNEL

235 SUBSTITUTE TEACHERS

Substitute teachers are those teachers used to replace teachers on leave or to fill temporary vacancies. All substitute teachers will be employed and paid by the Sevier County Board of Education.

Names of prospective substitute teachers will be submitted to the superintendent for his/her approval. Substitute teachers will assume the same responsibilities and have the same authority at the regular teacher, including bus duty and playground supervision. When substituting for a regular teacher who has been absent for twenty (20) consecutive days, a substitute teacher must possess a teaching certificate.

All teacher assistants, secretaries, and clerks are approved substitute teachers for use in emergency situations. Emergency use will be defined as less than a full day due to the regular or substitute teacher being unable to arrive on time or remain for the full day. Such emergency substitutes will receive their normal pay only and may not receive sub pay in addition to their regular salary.

In order to make the work of the substitute teacher as satisfactory as possible, the regular teacher will provide a complete daily schedule, class rolls, and lesson plans for the day's activities. In an emergency when plans are not provided by the regular teacher, the principal will provide the substitute with directions for the day.

Policy References

200 - PERSONNEL

236 ETHICS

An effective education program requires the services of men and women of integrity, high ideals and human understanding. To maintain and promote these essentials, all employees are expected to maintain high standards in their school relationships. These standards include the following:

• The maintenance of just and courteous professional relationships with students, parents, other staff members, and community members;
• The maintenance of their own efficiency and knowledge of the developments in their fields of work;
• The transaction of all official business with the properly designated authorities of the school system;
• The establishment of friendly and intelligent cooperation between the community and the school system;
• The representation of the school system on all occasions that the contributions of the school system to the community are recognized;
• The welfare of children is the first concern of the school system when placing personnel;
• Restraint from using school contacts and privileges to promote partisan politics or sectarian religious views;
• The responsibility to make any criticism of other staff members or of the school system directly to the particular school official having the administrative responsibility for improving an unsatisfactory situation; and
• The proper use and protection of all school properties, equipment and materials.

Policy References

200 - PERSONNEL

237 PROBATION PERIOD FOR NON-CERTIFIED PERSONNEL

Last Updated Date: 08/15/2011

All non-certified personnel shall be hired at the will of the Director of Schools and, thus, possess neither an employment contract nor property rights in employment. A probationary period for non-certified personnel is defined as the first ninety (90) days of employment for a new employee or for an employee who has been rehired following a break in service.

The probationary period will be used to allow the immediate supervisor time to closely evaluate the employee, and to encourage effective adjustment to the position. Only employees who meet acceptable standards of work during the probationary period will be retained. As at-will employees, non-certified personnel may be dismissed with or without cause.

The immediate supervisor must decide before the completion of the probationary period as to whether an employee has successfully passed the probationary period or should be dismissed prior to the end of the ninety (90) days.

Policy References

200 - PERSONNEL

238 SUSPENSION AND DISMISSAL OF NON-CERTIFIED EMPLOYEES

Last Updated Date: 08/15/2011

As at-will employees, non-certified personnel may be dismissed with or without cause. Accordingly, the Director of Schools may transfer, suspend, or dismiss any non-certified employee at any time for any reason.

Policy References

200 - PERSONNEL

239 COMPENSATION GUIDES FOR NON-CERTIFIED PERSONNEL

Last Updated Date: 02/09/2009

Each employee will be paid a monthly salary for which he/she qualifies by reason of assignment as approved by the Sevier County Board of Education and the Director of Schools.

Salaries of all employees, including substitute and supplemental pay, will be paid by the Board. No payment to any employee for service performed on behalf of the Board will be made from any source other than the Board.

Salaries and supplements may be paid from revenue derived from sources other than taxes, provided the revenue is deposited with and salaries paid through the Board. Included are donations or contributions from individual, civic, and other non-school related sources or funds from individual school activity funds, such as gate receipts and concessions.

Salary amounts are approved yearly as part of the budget process.

Policy References

200 - PERSONNEL

240 VOLUNTARY TERMINATION BY NON-CERTIFIED PERSONNEL

Voluntary termination of employment may occur as a result of retirement or resignation.

Non-certified personnel will give the immediate supervisor written notice of resignation at least two (2) weeks in advance of the effective date of voluntary termination. This requirement could be waived by the superintendent upon request for justifiable reasons.

Employees eligible for retirement benefits may elect to retire at any age according to the provisions of the retirement system and/or Social Security Administration.

Central office personnel may assist retiring employees in securing retirement benefits; however, it is the responsibility of the retiring employee to file for benefits.

Policy References

200 - PERSONNEL

241 NON-SCHOOL ACTIVITIES OF NON-CERTIFIED PERSONNEL

Non-certified personnel may hold employment outside the Sevier School System as long as such employment does not interfere with regular and overtime scheduled duties inside the system.

Non-certified personnel may, on their own time, campaign for or against any candidate or referendum, but they will not use the school system for a political forum nor engage in any political promotion or solicitation during their scheduled work hours. Failure to comply with these requirements will subject the employee to disciplinary action.

Policy References

200 - PERSONNEL

242 VACATIONS AND HOLIDAYS FOR NON-CERTIFIED PERSONNEL

Twelve-month employees earn vacation as directed by the Board of Education in operating procedures. These employees may take vacation with the timing approved by the immediate supervisor.

Non-certified personnel, if on active payroll at the time, will be entitled to the following holidays: July 4th, Labor Day, Thanksgiving, Christmas, and New Year's Day. Other days may be approved by the Board or the superintendent.

Equivalent days, as approved by the superintendent, may be taken should the vacation days fall on weekends.

Policy References

200 - PERSONNEL

243 STUDENT TEACHERS AND INTERNS

Student teachers and interns may be accepted or refused by either the principal or the cooperating teacher. Student teachers and interns will be expected to follow all rules and regulations of the Sevier County Board of Education as well as the guidelines of the institution of higher learning in which they are enrolled.

Student teachers and interns will be accorded the same protection of laws as licensed teachers and must observe all duties of teachers as set forth in state statute and State Board Rules and Regulations.

The evaluation of a student teacher will be based upon a joint agreement between the cooperating teacher and the student teacher's supervising professor. The evaluation of an intern will be based upon a joint agreement with the cooperating teacher, the principal, and the intern's supervising professor. If the intern is recommended for or not recommended for apprentice status, the principal must notify the Director of Curriculum and Instruction so that the appropriate paperwork may be forwarded to the State Department of Education.

Student teachers and interns may be asked to terminate their service upon mutual consent of the principal, the cooperating teacher, and the supervising professor at any time during the term.

Policy References

200 - PERSONNEL

244 ALCOHOL USAGE

The Sevier County Board of Education recognizes that the use of alcohol on an employee's own time is matter of the employee's choice; however, the Board prohibits the use of alcohol and/or being under the influence of alcohol at any time an employee is on duty for the Board.

The prohibition of alcohol usage extends to activities while away from school grounds on field trips, athletic events, or the like if an employee has direct supervision over one or more students or is performing other duties (for example, driving a bus) when the trip or event is a Board approved activity.

Policy References

200 - PERSONNEL

245 LEAVE TO BE DEDUCTED

Any employee of the Sevier County Board of Education who wishes to enter a leave-to-be-deducted status should have prior approval from the Board unless unforeseen emergency prevented such approval.

The person substituting for a teacher who is in a leave-to-be-deducted status will be paid the current substitute teacher's pay unless the duration of the leave would dictate otherwise.

Policy References

200 - PERSONNEL

246 EMPLOYEE I.D. CARDS

Last Updated Date: 12/14/1998

The Sevier County Board of Education recognizes the need for safety and security. Therefore, the Board authorizes the issue of photo I. D. cards/badges to all Board employees. The card/badge will be visibly worn at all times when on campus for school and school related activities. The card/badge entitles the employee admission to any regularly scheduled, school sponsored event at any school in the system. This includes regularly scheduled athletic contests, class plays, etc. Special events such as dinners, certain shows, state playoff games, etc. are not included.

The card/badge is the employee's official Sevier County School System identification and the card/badge remains the property of the Board. When employment is terminated, the card/badge will be returned.

Policy References

200 - PERSONNEL

247 COMPREHENSIVE SEVIER COUNTY TRAVEL REGULATIONS

Last Updated Date: 02/09/2009

AUTHORIZATION FOR TRAVEL WILL NOT BE GRANTED AND EXPENSES WILL NOT BE REIMBURSED UNLESS THE TRAVEL IS MADE AND REIMBURSEMENT CLAIMED IN ACCORDANCE WITH THESE REGULATIONS AND ANY APPROVED EXCEPTIONS THERETO.

I.  General

• This policy applies to all employees of the Board and the Board members.
•  Travel may not be undertaken unless it is authorized in advance by the proper authority. Claims for reimbursement for travel expenses should be submitted no later than thirty (30) days after completion of the travel. Claims submitted after this period must provide written explanation for the delay.
• Approved travel is on the basis of reimbursement for the necessary business expenses incurred subject to the limitations set forth herein. Receipts are required for all items or fares in excess of $ 4.50. There are two exceptions: for meals, no receipt is required; for taxi fares and ferry fees, a receipt is always required regardless of the amount claimed. Lodging receipts must itemize room charges and taxes.
• Travel must be by the most direct route possible, and any individual traveling by an indirect route must assume any extra expenses incurred thereby.
• The employee is considered to be on official travel status, and as such, eligible for reimbursement of travel expenses, at the time of departure from the employee's official work station or residence, whichever is applicable, for the purpose of traveling on county business. Expenses for lodging will be allowed when overnight travel or occasional excessive hours of work are required outside the county. Mileage shall be computed from the employee's residence or official work station, whichever is shorter.
• The following time schedule shall determine eligibility for reimbursement for meals. Any employee not on official travel status during these times shall not be entitled to reimbursement.
  
  Breakfast: 7:00 A.M. - 9:00 A.M.
  Lunch:  11:00 - 1:30 P.M.
  Dinner:  4:40 - 6:30 P.M.
   
• The limits on travel expenses set forth are maximum amounts above which reimbursements can not be made. County employees, when traveling, should be as conservative as circumstances permit.

II. Claims for Travel Expense

• The authorized form will be used for all claims for travel expense. Any recovery of the cost of travel by other methods is not allowed. This form must show movement and detail of expenses day by day. Receipts and agendas from workshops or seminars must accompany this form and a separate form must be filed by each claimant. Travel claims shall be typed or in ink.
• Expenses of books, supplies, postage, stenographic help, and other items that do not constitute actual traveling expenses should not be made a part of the travel claim.

III. Transportation

•  Transportation for persons traveling singly out of county should be by common carrier (air, train, bus) whenever practicable, and the fare must not exceed the regular tourist fare charged the general public. Advantage of round trip rates must be taken when available. A receipt in the form of a ticket stub must accompany the expense claim. The use of air travel is acceptable only when time is an important factor, or where the trip is so long that other methods of travel would prove more expensive because of subsistence allowance.
• Automobile Travel - Officials and employees should make use of county-owned cars for in-state travel whenever possible. However, county vehicles should be used only on official business.
• When transportation is by rental or county-owned car, the necessary automobile repair bills, tolls, parking, gasoline, and storage expenses are allowable. In the use of personally-owned cars, the authorized mileage allowance includes all operating expenses such as gas, oil and repairs precluding any separate claim for such items.
• If a personally-owned car has been authorized in the daily performance of duties, or if an employee has been approved to use his personally-owned vehicle, the employee shall be reimbursed at the “standard mileage rate for business miles” set by the Internal Revenue Service. The only exception to the IRS mileage rate is when Grant policies prescribe a different rate for mileage reimbursement.
• OUT OF STATE TRAVEL - No county vehicles should be used for out of state travel without prior approval of the Director of Schools.
• Charges for automobile rental shall not be allowed unless specific written authorization is secured in advance from the Director of Schools or Central Accounting Office. Insurance for rented automobiles must be obtained. Only actual gas purchase cost will be reimbursed.
• TAXI FARES - If an individual travels by common carrier, reasonable taxi fares will be allowed for necessary transportation. It is expected that bus or limousine service to and from airports will be used when available and practical. In traveling between hotel or lodging, and meeting or conference, reasonable transportation fare will be allowed.
• TOLLS AND FERRY FEES - Reasonable tolls and ferry fees will be allowed when necessary.
• PARKING - Necessary charges for airport parking are allowed and, if necessary, charges for overnight hotel parking are allowed. Receipts must be furnished on airport and hotel parking.
• Unnecessary meals and lodging expenses which are for reasons of the employee’s personal convenience, or which are due to travel by an indirect route, will not be reimbursed. No tour costs or entertainment costs shall be reimbursed.
• If travel is by common carrier, the employee will be reimbursed for expenses in traveling to and from the common carrier or parking of the employee’s car at the location of the common carrier.

IV.  Out of County Travel

• Out-of-county lodging will be reimburses for actual lodging costs plus tax incurred. Government rates should be for all lodging. Lodging receipts should be requested for all lodging. Lodging receipts are required and must itemize room charges and taxes by date.
  • • Higher rates for lodging at the location of a convention or conference will be allowed, without special approval, up to the amount indicated in the convention or conference brochure. If the Government Rate or Convention Rate is unavailable, advance approval of the higher rate must be obtained. The convention or conference brochure must be included with the travel claim.
    • In-route lodging will be allowed for only one day each way on trips of long duration, except with prior written approval by the Director of Schools or the Central Accounting Office.
    • Baggage handling fees will be allowed up to $4.50 per hotel.
    • If a room is shared with other than a county employee, actual cost for single occupancy subject to the maximum above will be allowed. The receipt for the entire amount should be submitted with the expense report.
• MEALS - A daily allowance of $47.00 will be provided for out-of-county travel. For fractional days in travel status, the allowance will be prorated as follows:
  
  Breakfast:  $10.00
  Lunch:  $12.00
  Dinner:  $25.00

V.  Miscellaneous

• Expenditures for entertainment (employees or others), laundry, valet service, theater, etc. are personal charges and will not be allowed. Charges for alcoholic beverages will not be allowed in any circumstance.
• Registration fees for approved conferences, conventions, seminars, meetings, etc. will be allowed including costs of official banquets and/or luncheons upon the approval of the authorized official or department head. However, no separate claim for the corresponding meal will be allowed when a banquet or luncheon is claimed.
• All signatures on a travel claim must be original. No stamped signatures will be permitted. If available, agendas and receipts should be attached as supporting documentation to travel sheets. Travel must be submitted within 30 days and must be submitted on a per employee basis.

Deliberate disregard for the regulations while traveling on school system business or filing intentionally misleading or fraudulent travel claims is grounds for immediate termination of employment.

Policy References

200 - PERSONNEL

248 INFECTIOUS DISEASE CONTROL PROGRAM

Last Updated Date: 11/28/2000

The Center for Disease Control and the Tennessee Occupational Safety and Health Administration has determined that employees in any occupation where they are directly exposed to body fluids are considered to be at substantial risk of occupational exposure to HIV (human immunodeficiency virus) and or HBV (hepatitis B virus). The following program establishes the Sevier County Board of Education rules to protect the Board's employees from occupational exposure to such blood-borne diseases.

This program applies to all employees who have contact with blood or body fluids while performing duties while employed by the Sevier County Board of Education.

This program applies to contact with blood and other potentially infectious materials including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, and any body fluid visibly contaminated with blood. This program does not apply to feces, nasal secretions, sputum, sweat, tears, urine, vomitus, or saliva unless they contain visible blood.

Universal Precautions
Universal precautions will be followed at all times. This means that all body fluids are assumed to be infected with HBV and/or HIV, and all employees exposed to direct contact with body fluids must be protected as though such body fluids are known to be infected.

Person Protective Equipment

Personal protective equipment (PPE) will worn be during all contact with body fluids. Blood-borne pathogens can enter the body of a worker through a needle-stick injury, through contact of a non-intact (i.e. chapped or cut) skin with infected blood or through a splash of blood to the eye, nose, or mouth of the employee. The PPE listed below must be worn to prevent entry of infectious material into the body:

• Gloves - Disposable latex or vinyl gloves will be worn during contact with body fluids. Gloves will be discarded and hands washed immediately after each contact.
• Gowns, Masks, and Eye Protectors - Disposable gowns, masks, and eye protectors will be worn when treating a person with profuse bleeding.

Housekeeping
The Sevier County Board of Education directs that a 1:10 diluted solution of Clorox or other similar bleach will be used to decontaminate spills of blood or body fluids.

Waste Disposal
All waste materials contaminated with bloody or body fluids will be placed in containers or bags labelled with the word BIOHAZARD or appropriate symbol. Infectious waste will NOT be placed in regular trash.

Hepattis B Vaccination
All employees in the job titles listed in Section B shall be offered Hepatitis B vaccinations. Vaccinations shall be given at Fort Sanders Sevier Occupational Health Department. Vaccinations will be free of charge. After an employee has finished his/her Hepatitis B services, he/she must have a titer drawn to established his/her immunity level. Vaccinations are optional but are encouraged as the best means of protection against Hepatitis B.

Follow-Up Procedures
Follow-up procedures will be initiated when a splash of blood or body fluids enters the eyes, nose or mouth or contact with blood or body fluids occurs to the employee's chapped or abraded skin.

The procedures include documentation of the route of exposure, the source person of the blood or body fluid (if known) and the circumstances of the exposure. If possible, the source person's blood will be collected and tested for HIV and HBV. The employee's blood will be collected and tested for HIV or HBV. A medical evaluation of the employee will be made by a physician at the Sevier County Medical Center. Further follow-up of the exposed employee will occur including counseling. If the initial HIV test is negative, further testing will occur for HIV six weeks, twelve weeks, and six months post exposure. If the employee has not been vaccinated against HBV or the anti-body response is not adequate, post exposure prophylaxis will occur including treatment with immune globulins and the hepatitis B vaccine under the direction of a physician.

Employees with a high risk of contact with blood or body fluids will receive training to include:

• A copy of the current regulations from TOSHA;
• A general explanation of the epidemiology and symptoms of HIV and HBV;
• An explanation of the modes of transmission of HIV and HBV;
• An explanation of the infection control program of the Board;
• An explanation of how to determine if a task will fall under this program;
• An explanation of the importance of the universal precautions and other work practices to reduce employee exposure;
• An explanation of the availability, proper use, and disposal of personal protective equipment including the specific circumstances under which PPE is to be worn;
• An explanation of the follow-up procedure to follow if actual contacts with blood or body fluids occur;
• An explanation of the labels and signs used;
• An explanation of the proper clean-up of blood spills;
• An explanation of the proper disposal of contaminated items; and
• An explanation of the sterilization procedures for reusable equipment.

Record Keeping
A record of each training session will be kept. The record will include the date of the session, a summary of the contents of the session, the name(s) and qualifications of the trainer(s), and the name and job titles of all persons receiving training.

Policy References

200 - PERSONNEL

249 ACQUIRED IMMUNE DEFICIENCY SYNDROME

The Board has the responsibility to ensure than each of the school system's employees are in a state of physical condition which will not endanger their personal health or the health of other persons. Concerns regarding health matters will be approached within the boundaries of confidentiality.

The superintendent will be responsible for developing, revising, and implementing the administrative guidelines and procedures for this policy. The superintendent will be responsible for enforcing this policy by communicating it to all personnel and by providing necessary instruction to all administrators.

No school official can require any employee to undergo an HIV antibody test or other related test. This does not preclude school officials from requiring an employee to undergo an examination when another communicable illness is suspected.

No employee who is diagnosed with HIV infection or AIDS will be prevented from continuing his/her employment. No disciplinary action may be taken against an employee solely on the basis of HIV infection or AIDS. Action may be taken against any employee only if he/she is disabled and the disability interferes with the employee's ability to perform the activities involved in the employment duties. The Board will make reasonable accommodation to enable the employee to perform employment duties as may be required by state or federal law.

If information is received regarding an employee's HIV status, the superintendent may consult with the board attorney on the appropriate course of action to pursue, bearing in mind the school system's potential liability for defamation, employment discrimination, and breach of confidentiality requirements. Information obtain is confidential and may not be released to anyone except:

• Persons named on an authorization for release of confidential HIV-related information form;
• Persons listed on a court order;
• Persons authorized to receive such information without a release or court order according to state law.

UNDER NO CIRCUMSTANCES WILL INFORMATION IDENTIFYING AN EMPLOYEE WITH AIDS BE RELEASE TO THE PUBLIC.

Policy References

200 - PERSONNEL

250 TEACHER EFFECT DATA POLICY

Last Updated Date: 02/14/2011

The Sevier County Board of Education designates each respective building principal as the appropriate administrator to distribute, review, and keep secure and confidential teacher effect data for teachers in his/her school. The principal must use his/her confidential password to access the data from the internet. In addition, curriculum supervisors, the Director of Curriculum, and the Director of Schools may use his/her confidential password to access this information. The passwords mentioned above shall not be shared with anyone since the confidential teacher effect data could become compromised.

Upon receiving teacher effect data via the internet, the individual principal will distribute the report to the respective teacher. Any hard copy of the teacher effect data will be filed in a secure, confidential file separate from personnel records or any other records subject to review by the public. Upon receiving his/her teacher effect report, the teacher will sign and date a teacher roster, prepared by the principal, verifying receipt of the report. Teacher effect data will be kept on file for no longer that five (5) years. Five-year-old teacher effect data will be disposed of by shredding in a secure environment. Reproduction of teacher effect data by any means and/or in any form is strictly prohibited.

The teacher effect data will be limited to an advisory capacity until studies regarding its most appropriate use are completed. The data may be used as diagnostic information in identifying areas of strength and areas to be strengthen in professional development plans. The data may also be used in other appropriate areas of teacher evaluation as long as the teacher and the evaluator are reminded that the data has advisory status only until further information is received from the State Department of Education.

Policy References

200 - PERSONNEL

251 GUIDELINES FOR USE OF LICENSED HEALTH CARE PROFESSIONALS - HEALTH PROCEDURES IN A SCHOOL SETTING

Last Updated Date: 10/13/2014

Registered Nurses (RN) are the primary professionals who provide school health services. Nurses coordinate services and health care procedures in school settings.

Licensed Practical Nurses (LPN) cannot work without periodic on site supervision by a registered nurse, physician or dentist. The Nurse Practice Act defines supervision as overseeing or inspecting with authority. The physician's order given school systems permission to carry out a procedure in the school setting but does not meet the criteria for LPN supervision as defined in the Nurse Practice Act.

Certified Nursing Assistants are not licensed health care professionals. Although they may assist students in some areas, they do not satisfy legal requirement for licensed professionals.

Procedures
Designated personnel must complete appropriate in service provided by appropriate health care professionals (RN,MD) and must have continued supervision by appropriately licensed health care professionals(RN,MD).

Any school personnel or nursing staff who perform procedures which may involve exposure to blood borne pathogens must receive annual training on blood borne pathogens; be offered Hepatitis B vaccine; supplied with gloves; and, have appropriate cleaning supplies.
 

Any child with health care problems should have a health assessment completed by a nurse (RN) and an Individual Health Plan (IHP) written if warranted by the child's condition. Documentation of health care procedures should include the name of the procedure, name of the person performing the procedure, date, time, results of the procedure or the reason procedure was omitted. Most activities of daily living do not require documentation. However, unusual occurrences or special circumstances may require notification to the school nurse and/or documentation.

Those activities that are commonly deemed to be activities of daily living do not need to be performed by a licensed health care professional. These may include, but are not limited to, toileting, bathing, diapering, dressing, feeding, transferring, positioning, recording of intake and output, vital signs, and/or application and removal of protective devices. In general, nursing assessment, physician's orders and parental authorization are not needed for such activities.

Common Emergencies
The following condition may require first aid and/or emergency care provided by school staff; seizures; respiratory distress; bleeding; heat/cold emergency; cardiac arrest; allergic reaction; choking; fainting; and/or major trauma. Children with known health problems may have specific health care plans available should an emergency occur. School personnel must respond appropriately in any emergency situation. If necessary, nursing assessments, physician's orders and parental authorization may also be obtained.

Procedures Done by Students Without Assistance
If a student has been taught to perform his/her own procedure and does not need assistance, space must be made available for the student to perform the task. A nursing assessment, physician's orders and/or parental authorization are highly recommended but are not required.

Procedures Done by Students with Assistance
Nursing assessment, physician's orders and/or parental are required. The nursing assessment will determine whether or not unlicensed assistive personnel can assist the student. In addition unlicensed personnel may not assist in the administration of daily insulin or the administration of insulin in emergency situations unless specifically authorized by the Board and training and competencies are documented as provided for by Tennessee law.

All Other Health Care Procedures
All other health care procedures must be performed by licensed health care professionals. Although nurses can legally perform all of these procedures, they may/will need specific orientation to performance of the procedures in a school setting. Physician's orders and parental authorization are required. 

Policy References

200 - PERSONNEL

252 BUS DRIVER PAY SCHEDULE & MILEAGE FOR EXTRA CURRICULAR TRIPS

Last Updated Date: 01/12/2009

The following information provides for the payment of bus drivers for field & athletic trips and for the mileage cost for such trips. Forms will be available on each bus and the forms must be completed by sponsors.
 

Driver will be paid for a minimum of three hours.

• 3 hours - $24.00
• 4 hours - $32.00
• 5 hours - $40.00
• 6 hours - $48.00
• 7 hours - $56.00
• 8 hours - $64.00
• 9 hours - $76.00
• 10 hours - $88.00
• 11 hours - $100.00
• 12 hours - $112.00
• 13 hours - $124.00
• 14 hours - $136.00
• 15 hours - $148.00
• Overnight Trips - $148.00 plus meals & lodging

The driver’s salary plus matching social security must be turned into the central office as supplemental payroll following the schedule provided. Checks must be for the total must be payable to the Sevier County Board of Education.

Drivers performing overnight trips will be paid the overnight rate with meals and lodging. There is a limit to per day pay for drivers.

Total mileage for field & athletic trips will be $1.50 per mile per bus. The check for the mileage will be forwarded to the central office payable to The Sevier County Board of Education.

A cover sheet will be attached by the school secretary to the provided the names of the drivers and the amount of pay. Separate checks must be written for mileage and drivers’ salaries. All checks must be forwarded by the provided dates for reporting payroll.

Policy References

200 - PERSONNEL

253 BUS DRIVER SAFETY

Last Updated Date: 10/13/2014

The Sevier County Board of Education employs qualified, responsible bus drivers. As such both the law and Board policy mandate that bus drivers comply with the Tennessee Commercial Driver License manual and similar regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA).

In addition to the safety requirements contained in the materials listed above and within state/federal laws, the Sevier County Board of Education also mandates that bus drivers NOT wear open-toed shoes, sandals, clogs, wooden-soled shoes of any type, or heels of more than two inches in height while driving a bus. The Board requires that bus drivers must wear shoes that both cover the feet and fit securely.

Further, the Board prohibits bus drivers from talking, typing, or reading on a cell phone while driving. If a bus driver must place or take a call while driving a bus, that driver shall find a safe and legal place to pull off the road.

Policy References

200 - PERSONNEL

254 SYSTEM-OWNED VEHICLES

Last Updated Date: 02/13/2012

I. Employee Use

Pursuant to BP 247, officials and employees should make use of system-owned vehicles for in-state travel whenever possible. Employees may not use system-owned vehicles for personal purposes, other than for de minimis personal use (i.e., briefly stopping to perform a personal errand while traveling on official business).

II. Employee Commute

Under certain scenarios, and with permission of the Director of Schools, employees may use system-owned vehicles for commuting to and from home. Each situation shall be examined on a case-by-case basis, but shall include the need for quick response to inclement weather, the need to patrol and/or inspect school property during non-school hours and other scenarios deemed necessary by the Director of Schools. Employees who use system-owned vehicles for commuting under this policy shall maintain a log of the mileage driven in the vehicle, which clearly designates commuting mileage. This log will allow the school system to account for each commute when calculating an employee’s gross income.

Section II does not apply when involving qualified, non-personal use vehicles under various Treasury regulations.

III. Vehicle Marking
System-owned vehicles shall be clearly marked with other permanently affixed decals, or with special painting associated with the school system. Said marking shall make it clear that the school system owns and operates each vehicle.

Policy References

200 - PERSONNEL

255 SCHOOL VOLUNTEERS AND CHAPERONES

Last Updated Date: 12/14/2015

The Sevier County Board of Education welcomes and encourages community and family members to act as school volunteers and field trip chaperones. With that encouragement, however, comes the need to maintain a safe environment for Sevier County students. Therefore, all school volunteers and field trip chaperones must:

• Be willing to treat all Sevier County students and staff members with dignity and respect;
• Be willing to provide proof they are 21 years of age or older;
• Be willing to sign in and out at the front office when entering/exiting a school building;
• Be willing, whenever possible, to remain in the presence of a staff when students are present;
• Be willing to truthfully complete and return a Volunteer/Chaperone Release;
• Be willing to acknowledge the authority of staff members at school or on field trips;
• Be willing to take direction from and perform tasks assigned by school staff members;
• Be willing to refrain from disciplining, striking or inappropriately interacting with students;
• Be willing to refrain from using tobacco, alcohol and illegal drugs while a volunteer/chaperone;
• Be willing to dress appropriately and use no vulgar language while a volunteer/chaperone.

The Sevier County Board of Education and its staff members retain full and absolute authority to determine whether volunteers and chaperones have complied with the above-directives. Serving as a school volunteer or field trip chaperone remains a privilege and not a right; therefore, the Sevier County Board of Education, the Director of Schools or a building level supervisor may unilaterally determine to strip all volunteer/chaperone privileges without recourse or appeal, including, but not limited to, a determination based on failing to comply with the above-directives. The Sevier County Board of Education, the Director of Schools or a building level supervisor may also unilaterally determine to reject a school volunteer/chaperone for any reason allowed by law.

Policy References

200 - PERSONNEL

256 USE OF COPYRIGHTED MATERIALS

Last Updated Date: 08/12/2019

Sevier County Schools encourages the fair and reasonable use of copyrighted work and materials for educational purposes without gaining permission from the copyright owner. In order to reduce the risk of copyright infringement, the Sevier County Schools requires that:

1.  All employees shall adhere to the provisions of federal law and the United States Code regarding the use of and copying of copyrighted materials – including the Fair Use Doctrine and Classroom Use Exemption; and
    
2. The Director of Schools shall establish regulations regarding the copying, distribution, and use of copyrighted materials for educational and instructional purposes.

Policy References

200 - PERSONNEL

257 RECOMMENDATIONS FOR EMPLOYMENT

Last Updated Date: 08/12/2019

District employees are prohibited from assisting a school employee, contractor, or agent in obtaining a new job if the individual knows, or has probable cause to believe, that the person seeking a job change engaged in sexual misconduct regarding a minor or student in violation of the law.

These requirements shall not apply if:

1.  The information giving rise to probable cause has been properly reported to the appropriate law enforcement agency or other authority; and
    
2. The matter has been officially closed in one of the following ways:
   1. The prosecutor or police have investigated the allegations and notified school officials that there is insufficient information to establish probable cause;
   2. The employee, contractor, or agent has been charged and either acquitted or exonerated; or
   3. The case remains open, and there have been no charges or indictment filed within four (4) years of the date the information was reported to the law enforcement agency.

This policy shall not apply to those district employees who engage in the routine transmission of administrative and personnel files.

Policy References

200 - PERSONNEL

258 TEACHER’S DISCIPLINE ACT

Last Updated Date: 11/08/2021

Effective Date:  01/01/2021

Under Tennessee law, “a teacher trained in evidence-based behavior supports is authorized to manage the teacher's classroom, discipline students, and refer a student to the principal or the principal's designee to maintain discipline in the classroom, and to hold students in the teacher's charge strictly accountable for any disorderly conduct in school.”[i] This Board previously adopted and school administrators already enforce a student code of conduct, as well as other behavior related policies.[ii] Further, in reliance upon said policies, school administrators regularly publish and distribute student handbooks to both parents and students alike. Those handbooks and related policies have been developed over time in reliance upon Tennessee law, and contain evidence-based behavior supports and interventions. And those materials, as well as this Policy, authorize teachers and administrators to enforce the student discipline policies and the code of conduct, and to hold students accountable for any disorderly conduct in school, on school buses, or at school-sponsored events.[iii]

Relocation of Students

When on school property or at official school-sponsored events, a teacher may relocate a student from the student's present location to another location for the student's safety or for the safety of others. Based on the student’s conduct, such a relocation may even be accomplished using reasonable or justifiable force.[iv] Such conduct is justified, if:

1. The teacher reasonably believes the conduct is immediately necessary to avoid imminent harm; and
2. The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented, according to ordinary standards of reasonableness.[v]

Accordingly, teachers, “in exercising [their] lawful authority, may use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person.”[vi] “If steps beyond the use of reasonable or justifiable force are required, then the student must be allowed to remain in place until local law enforcement officers or school resource officers can be summoned to relocate the student or take the student into custody until a parent or guardian can retrieve the student.”[vii] This would also allow a teacher “to intervene in a physical altercation between two (2) or more students, or between a student and an employee, using reasonable or justifiable force upon a student, if necessary, to end the altercation by relocating the student to another location.”[viii] Confinement may also sometimes be “justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.”[ix]

Any time a teacher relocates a student under this Policy, the teacher must file a brief report with the principal (or his/her designee) “detailing the situation that required the relocation of the student.”[x] The report must be kept either in a student discipline file apart from the student’s permanent record, unless the related behavior violated Board Policy No. 611A.

However, this Policy must also comply with all state and federal laws, including, but not limited to, “the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794).”[xi] As such, when a special education student’s Individualized Education Plan (IEP), Behavioral Intervention Plan (BIP), and/or an “emergency situation” calls for the restraint or isolation of that special education student, the provisions of the Tennessee Special Education Behavioral Supports Act (Tenn. Code Ann. § 49-10-1301, et seq.) shall control, rather than the above-provisions of this Policy.[xii]

 II.  Referral of Students

By law, a teacher may refer a student to the principal or the principal's designee.[xiii] And, when a teacher “disciplines a student by issuing a written referral for the student's behavior, the referral must be returned to the teacher with a notation of the action taken” by the principal or the principal’s designee. The written referral “must be kept in a student discipline file, and shall not become a part of the student's permanent record.”[xiv] “The Director of Schools, or the Director's designee, must review… discipline policies, practices, and data annually and recommend any necessary revisions to discipline policies to the” Board.[xv]

III.  Request to Remove

By law, “a teacher may submit a written request to the principal, or the principal's designee, to remove a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the class or with the ability of the student's classmates to learn, if the student's behavior is in violation of… the student discipline policy or code of conduct.”[xvi] Before a teacher can submit such a written request though, the teacher must be able to document in detail that he/she previously completed the following steps:

1. Took action to address the student's disruptive behavior;
2. Provided consequences for the student's disruptive behavior;

• The term “consequences” should be read to mean multiple types of consequences utilized over time to allow the teacher to observe and document their effects.

3. Conducted an oral conference, either by a documented telephone conversation or an in-person discussion, with the student's parent or guardian regarding the student's disruptive behavior;

• The teacher must document that such an “oral conference” included substantive discussions with the student’s parent or guardian regarding the behavior itself, how to possibly address it, and what techniques the parent or guardian uses at home.

4. Provided an opportunity for school counseling or other support services deemed appropriate to address the student's disruptive behavior;

• The teacher must document that he/she brought the student’s behavior at issue to the attention of a school counselor, or even special education staff members when appropriate, worked with the other employee(s) to address the behavior, and allowed for a reasonable time in which the effects of such new techniques could be observed and documented.

5. Developed and implemented a plan to improve the student's behavior in a conference with the student; AND

• The teacher must ensure that such an improvement plan is documented in writing, signed by the student, and includes consequences and/or other techniques not previously utilized during any of the above-steps of this process.

6. Issued a disciplinary referral under Tenn. Code Ann. § 49-6-2803 to address the student's disruptive behavior.

If the principal or his/her designee receives a complete and proper request as outlined above, he/she must give the student (and his/her parent/guardian) “oral or written notice of the grounds for the teacher's request to remove the student from the teacher's classroom” and, if the student (or his/her parent/guardian) “denies engaging in the conduct, then the principal or the principal's designee must explain what caused the teacher to submit a request to the principal or the principal's designee to remove the student from the teacher's classroom, and give the student an opportunity to explain the situation.”[xvii] “If the student's account is deemed to be valid, albeit different from the teacher's account, and changes the principal's, or the principal's designee's, perspective of the incident, then the principal or the principal's designee must render a decision regarding the student's placement.”[xviii]

If the teacher completes and submits a proper written request as outlined above, options available for the principal or his/her designee, while complying with other Tennessee laws and Board policies, may include:

1. Assigning the student to another appropriate classroom for a specified period of time, or for the remainder of the student's assignment to the class from which the student was removed;
2. Assigning the student to in-school suspension for a specified period of time;
3. Remanding the student to an alternative school or to an alternative education program for a specified period of time;
4. Suspending the student;
5. Requiring the parents or guardians of a student who is removed from a teacher's classroom and assigned to another appropriate classroom to participate in conferences before the student is permitted to return to the classroom from which the student was removed; OR
6. Denying the teacher's request to remove a student from the teacher's classroom and offering appropriate supports for the teacher to address the student's disruptive behavior.[xix]

If a principal or his/her designee refuse to remove a student after a teacher has completed and submitted a proper written request under this Policy, the teacher may appeal that decision by submitting a written appeal to the Director of Schools within five (5) school days of receiving the decision.[xx] The teacher’s written appeal must document that he/she fully complied with this Policy, and must outline why the teacher believes the decision at issue was made in error. Within ten (10) school days of receiving the teacher’s written appeal, the Director of Schools will issue his/her written decision to the teacher and the principal (or his/her designee). The Director of Schools’ written decision may affirm, overturn, or modify the principal’s (or his/her designee’s) decision. The Director of Schools’ written decision shall be final, with no further appeal permitted.

“If a teacher abuses or overuses the student removal process provided [for herein], then the principal or the principal's designee must address the abuse or overuse with the teacher… and may require the teacher to complete additional professional development to improve the teacher's classroom management skills.”[xxi]

“Each school shall annually report to the Director of Schools… by July 1, 2022, and by each July 1 thereafter, the number of requests submitted by the school's teachers during the immediately preceding school year to remove a student from the teacher's classroom pursuant to” this Policy.[xxii] Said “report must document the actions taken by the teacher's principal, or the principal's designee, in response to each request for a student's removal.”[xxiii] And each “Director of Schools must compile the data provided in each school's report and issue a district-wide report to the [Board] by August 1 immediately following the July 1 deadline for school reports.”[xxiv]

Any action taken in response to a teacher's request to remove under this Policy “must comply with all applicable policies” of this Board, and all other state and federal laws, including, but not limited to “the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 794),” etc.[xxv] For instance, changing the placement of a special education student with an IEP or a disabled student with a 504 Plan may require the involvement of such a student’s IEP or 504 team. And no request or related decision under this Policy may supersede or overrule placement, behavioral, or other related decisions made by a federally mandated IEP or 504 team.

Policy References

i Tenn. Code Ann. § 49-6-2801. The Tennessee Teacher’s Discipline Act (Tenn. Code Ann. § 49-6-2801, et seq.) and this related Policy become effective as of January 1, 2022. As used within Section No. I of this Policy, the terms “teacher” or “teachers” should be read to include school officials who interact with students on a professional basis, including, but not limited to, administrators, teachers, school support staff, bus drivers, cafeteria workers, and school resource officers while acting within the scope of their assigned duties. Tenn. Code Ann. § 49-6-2802(b)(2). Yet the terms “teacher” or “teachers” should only be read to include educational personnel licensed by the Tennessee State Board of Education within Section Nos. II-III of this Policy.
ii See Sevier County Board of Education Policy Series 600: LINK.
iii Tenn. Code Ann. § 49-6-2801(b)(2).
iv Tenn. Code Ann. § 49-6-2802(a).
v Tenn. Code Ann. § 39-11-609. A teacher is also “justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury. Tenn. Code Ann. § 39-11-613.
vi Tenn. Code Ann. § 49-6-4107(a).
vii Tenn. Code Ann. § 49-6-2802(a)(2).
viii Tenn. Code Ann. § 49-6-2802(a)(3).
ix Tenn. Code Ann. § 39-11-603.
x Tenn. Code Ann. § 49-6-2802(c).
xi Tenn. Code Ann. § 49-6-2802(f).
xii “Emergency situation” means “that a student's behavior poses a threat to the physical safety of the student or others nearby.” Tenn. Code Ann. § 49-10-1303(3).
xiii Tenn. Code Ann. § 49-6-2803.
xiv Id. As used herein, “written” can mean hand-written, typed, or electronically submitted.
xv Id.
xvi Tenn. Code Ann. § 49-6-2804(a). “A teacher shall not be terminated, demoted, harassed, or otherwise retaliated against for filing a request for a student to be removed from the teacher's classroom, or for appealing a decision to deny the teacher's request to remove a student pursuant to this” Policy. Tenn. Code Ann. § 49-6-2804(f)(2).
xvii Tenn. Code Ann. § 49-6-2804(b).
xviii Id.
xix Tenn. Code Ann. § 49-6-2804(c).
xx Tenn. Code Ann. § 49-6-2804(f)(1).
xxi Tenn. Code Ann. § 49-6-2804(g).
xxii Tenn. Code Ann. § 49-6-2804(h).
xxiii Id.
xxiv Id.
xxv Tenn.