Columbus ISD
045902

EMPLOYMENT PRACTICES


DC
(LEGAL)


EMPLOYMENT POLICY The Board shall adopt a policy providing for the employment and duties of District personnel. The policy shall provide that:
  1. The Superintendent has sole authority to make recommendations to the Board regarding the selection of all personnel, except that the Board may delegate final authority for those decisions to the Superintendent; and
  2. Each principal must approve each teacher or staff appointment to the principal's campus as provided by Education Code 11.202. [See DP]

The employment policy may specify the terms of District employment or delegate to the Superintendent the authority to determine the terms of employment with the District.

Education Code 11.163(a), (c)

ACTION ON RECOMMENDATION
The Board may accept or reject the Superintendent's recommendation regarding the selection of District personnel. If the Board rejects the Superintendent's recommendation, the Superintendent shall make alternative recommendations until the Board accepts a recommendation. Education Code 11.163(b)
NEPOTISM
A superintendent to whom the Board has delegated final hiring authority to select personnel is a "public official" with appointment authority for purposes of the nepotism laws. Atty. Gen. Op. GA-123 (2003) [See DBE]
FORMER TRUSTEE EMPLOYMENT A Trustee of the District may not accept employment with the District until the first anniversary of the date the Trustee's membership on the Board ends. Education Code 11.063
EMPLOYMENT OF RETIREES
ACUTE SHORTAGE AREAS
For purposes of hiring retirees, the Board shall determine by rule whether there are acute shortage areas in the District based on TEA's acute shortage area guidelines. The guidelines must include:
  1. A list of acute shortage areas;
  2. Suggested criteria for identifying local acute shortage areas; and
  3. A requirement that a certified applicant for a position as a classroom teacher who is not a retiree be given preference in hiring.

Gov't Code 824.602(m)

NOTICE TO TRS
The District shall furnish TRS a monthly certified statement of all employment of all TRS service or disability retirees. The certified statement must include information regarding employees of third party entities if the employees are service or disability retirees who were first employed by the third party entity on or after May 24, 2003, and are performing duties or providing services on behalf of or for the benefit of the District. The statement shall contain information necessary for the executive director of TRS to classify employment under Government Code 824.602. 34 TAC 31.2
VERIFICATION OF EMPLOYMENT ELIGIBILITY The District must verify employment eligibility, pursuant to the Immigration Reform and Control Act, and complete Form I-9 by the following dates:
  1. Within three business days of initial hiring. If the District hires an individual for employment for a duration of less than three business days, the District must verify employment at the time of hire.

    The District shall not be deemed to have hired an individual if the individual is continuing in his or her employment and has a reasonable expectation of employment at all times.

    When the District rehires an individual, the District may, in lieu of completing a new I-9, inspect a previously completed I-9 executed within three years of the date of rehire, to determine whether the individual is still eligible to work.
    1. For an individual whose employment authorization expires, not later than the date of expiration.

8 CFR 274a.2(b)(1)(ii), (iii), (vii), (viii)

SOCIAL SECURITY NUMBERS It shall be unlawful for the District to deny to any individual any right, benefit, or privilege provided by law because of the individual's refusal to disclose his or her Social Security number.
EXCEPTIONS
The above provision does not apply to:
  1. Any disclosure that is required by federal statute. The United States Internal Revenue Code provides that the Social Security number issued to an individual for purposes of federal income tax laws shall be used as the identifying number for taxpayers;
  2. Any disclosure to the District maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual; or
  3. Any use for the purposes of establishing the identity of individuals affected by any tax, general public assistance, driver's license, or motor vehicle registration law within the District's jurisdiction.
STATEMENT OF USES
A district that requests disclosure of a Social Security number shall inform that individual whether the disclosure is mandatory or voluntary, by what statutory authority such number is solicited, and what uses will be made of it.

5 U.S.C. 552(a); Pub. L. 94-455, Stat. 1520 (1976)

CONTRACT POLICY The District shall employ each classroom teacher, principal, librarian, nurse, or counselor under a probationary contract, a continuing contract, or a term contract. [See DCA, DCB, and DCC] The District is not required to employ a person other than these listed employees under a probationary, continuing, or term contract. [See DCD and DCE]
"Classroom teacher" means an educator who is employed by the District and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting. The term does not include a teacher's aide or a full-time administrator.

The Board shall establish a policy designating specific positions of employment, or categories of positions based on considerations such as length of service, to which continuing contracts or term contracts apply.

Education Code 21.002, 5.001(2)

DAYS OF SERVICE A contract between the District and an educator must be for a minimum of ten months of service. An educator employed under a ten-month contract must provide a minimum of 187 days of service.
EXCEPTION
The Commissioner may reduce the number of days of service, but such a reduction by the Commissioner does not reduce an educator's salary.

Education Code 21.401

EDUCATIONAL AIDES The Board shall establish a plan to encourage the hiring of educational aides who show a willingness to become certified teachers. Education Code 54.214(f); 19 TAC Chapter 21
CRIMINAL HISTORY RECORD The District may obtain from any law enforcement or criminal justice agency all criminal history information that relates to:
  1. A person the District intends to employ in any capacity;
  2. A person who has indicated, in writing, an intention to serve as a volunteer with the District; or
  3. A volunteer or employee of the District.

    Criminal history record information regarding a person who is a volunteer or employee of the District may be obtained no more than twice each year.

Education Code 22.083(a), (c); Gov't Code 411.097(b)

CONFIDENTIALITY OF CRIMINAL HISTORY
Criminal history record information obtained by the District may not be released or disclosed to any person, other than the individual who is the subject of the information, TEA, or SBEC (State Board for Educator Certification). Gov't Code 411.097(d) [See CNA]
SBEC NOTIFICATION
The Superintendent shall promptly notify SBEC in writing by filing a report with the executive director of SBEC within seven calendar days of the date the Superintendent obtains or has knowledge of information indicating that an applicant for or holder of a certificate issued under Chapter 21, Subchapter B, of the Education Code has a reported criminal history. Education Code 22.083(d); 19 TAC 249.14(d)(1) [See also DF]
CONTRACTED TRANSPORTATION SERVICES
If the District contracts with a person for transportation services, the District shall obtain criminal history record information as authorized by Education Code 22.084. [See CNA]
DISCHARGE OF CONVICTED EMPLOYEES The District may discharge an employee if the District obtains information of the employee's conviction of a felony or misdemeanor involving moral turpitude that the employee did not disclose to SBEC or to the District. An employee so discharged is considered to have been discharged for misconduct for the purposes of Labor Code Section 207.044 (unemployment compensation). Education Code 22.085
NEW HIRE REPORTING The District shall furnish to the Directory of New Hires (Texas Attorney General's Office) a report that contains the name, address, and Social Security number of each newly hired employee. The report shall also contain the District's name, address, and employer identification number.

The District may also provide, at its option, the employee's date of hire, date of birth, expected salary or wages, and the District's payroll address for mailing of notice to withhold child support.

The District shall report new hire information on a Form W-4 or an equivalent form, by first class mail, telephonically, electronically, or by magnetic media, as determined by the District and in a format acceptable to the attorney general.

DEADLINE
New hire reports are due:
  1. Not later than 20 calendar days after the date the District hires the employee; or
  2. In the case of the District transmitting reports magnetically or electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.
New hire reports shall be considered timely if postmarked by the due date or, if filed electronically, upon receipt by the agency.

42 U.S.C. 653a(b), (c); Family Code 234.101-234.104; 1 TAC 55, subchapter I



DATE ISSUED: 07/22/2004
UPDATE 73
DC(LEGAL)-P

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]