1. A board employs and evaluates the superintendent;
  2. A superintendent has sole authority to make recommendations to a board regarding the selection of all personnel, except that the board may delegate final authority for those decisions to the superintendent [see Superintendent Recommendation, below];
  3. Each principal must approve each teacher or staff appointment to the principal's campus as provided by Education Code 11.202 [see DK and DP];
  4. Notice will be provided of vacant positions [see Posting of Vacancies, below]; and
  5. Each employee has the right to present grievances to the board. [See Grievances, below]
  1. Notice of the position by posting the position on:
    1. A bulletin board at:
      1. A place convenient to the public in the district's central administrative office, and
      2. The central administrative office of each campus during any time the office is open; or
    2. The district's internet website, if the district has a website; and
  2. A reasonable opportunity to apply for the position.
  1. A hearing under Education Code Chapter 21, Subchapter E (Term Contracts) or F (Hearing Examiners); and
  2. Another appeal or hearing in which ex parte communication would be inappropriate pending a final decision by the board.
  1. The number of hours and days worked by the retiree;
  2. Whether the retiree's employment qualifies as one or more of the following types:
    1. Substitute employment;
    2. One-half time or less employment;
    3. Employment as a tutor under Education Code 33.913;
    4. Employment in a federally funded COVID-19 personnel position that meets the requirements of Government Code 824.6021 and 34 Administrative Code 31.16 (relating to Federally Funded COVID-19 Personnel);
    5. Full-time employment;
    6. Trial employment of a disability retiree for up to three months; or
    7. Any combination of these types;
  3. The amount of gross compensation paid to the retiree during the report month;
  4. The total amount due under 34 Administrative Code 41.4 (relating to Employer Health Benefit Surcharge); and
  5. Any other information requested by TRS.
  1. Within three business days of initial hiring. If a 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. A 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 a 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.
  2. For an individual whose employment authorization expires, not later than the date of expiration.
  1. Not later than 20 calendar days after the date a district hires the employee; or
  2. In the case of a district transmitting reports magnetically or electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.
  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 a 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 a district's jurisdiction.
  1. The matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee engaged in sexual misconduct regarding a minor or student in violation of the law;
  2. The school employee has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
  3. The case or investigation remains open and there have been no charges filed against, or indictment of, the school employee within four years of the date on which the information was reported to a law enforcement agency.
  1. The person assists another person in obtaining employment at a school district, private school, or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and
  2. The person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.

WESTPHALIA ISD

DC(LEGAL)-P

UPDATE 119

DATE ISSUED: 6/27/2022

Adopted: 1/24/2024

Personnel Duties

The Superintendent shall define the qualifications, duties, and responsibilities of all positions and shall ensure that job descriptions are current and accessible to employees and supervisors.

Posting Vacancies

The Superintendent or designee shall establish guidelines for advertising employment opportunities and posting notices of vacancies. These guidelines shall advance the Board's commitment to equal opportunity employment and to recruiting well-qualified candidates. Current District employees may apply for any vacancy for which they have appropriate qualifications.

Applications

All applicants shall complete the application form supplied by the District. Information on applications shall be confirmed before a contract is offered for a contractual position and before hiring or as soon as possible thereafter for a noncontractual position.

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

Employment of Contractual Personnel

The Superintendent has sole authority to make recommendations to the Board regarding the selection of contractual personnel.

The Board retains final authority for employment of contractual personnel. [See DCA, DCB, DCC, and DCE as appropriate]

Employment of Noncontractual Personnel

Note: For employment of a bus driver related to a Board member or the Superintendent, see DBE(LEGAL).

The Board delegates to the Superintendent final authority to employ and dismiss noncontractual employees on an at-will basis. [See DCD]

Employment Assistance Prohibited

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

WESTPHALIA ISD

DC(LOCAL)-A

UPDATE 122

DATE ISSUED: 10/22/2023