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FILE:  GCD
CRITICAL

 

PROFESSIONAL STAFF RECRUITING AND HIRING

 


Because an effective educational program requires quality staff members, the Board and the administration of the Lindbergh Schools will make every effort possible to attract and retain the best qualified personnel. The Board of Education will employ personnel in accordance with law.


The district's hiring procedures will comply with all federal and state laws, including laws prohibiting discrimination. All teachers and administrators must have valid certification to teach in Missouri schools. The district is an equal opportunity employer and hires only citizens of the United States and persons who are legally authorized to work in the United States. The Lindbergh Schools will enroll and actively participate in a federal work authorization program in accordance with law.


Recruiting


Efforts will be made to recruit the best-qualified candidate for the position. New or vacant positions will be posted for at least five business days in the district's buildings and publicized externally by other means as determined appropriate by the superintendent or designee. However, if the superintendent or designee determines that it would be detrimental to wait five business days or that a longer period is necessary, the position will be advertised for as many days as is appropriate. Further, if the same or similar position was recently advertised, the superintendent or designee may utilize applications previously received without re-advertising the position. A position is not considered vacant if the Board, superintendent or designee assigns an existing employee to the position.


Recruitment procedures will not overlook the talents and potential of individuals already employed by the school district. Any current, qualified employee meeting the stated requirements may apply for positions in the district.


All requests for information concerning professional staff vacancies in the district shall be directed to the personnel office. Persons interested in positions in the district must provide all necessary information requested by the personnel office. The administrator responsible for personnel shall conduct interviews, review references and obtain other information as deemed necessary.


The superintendent or designee will conduct background checks on employees and applicants for employment in accordance with law and Board policy.


Hiring


A position other than the superintendent's position will be filled by the Board of Education only after receiving the recommendation of the superintendent or designee. It is the policy of the Board of Education to employ highly qualified teachers with post-secondary degrees from fully accredited universities and the appropriate teaching certificates. Any applicant found to have presented any document referencing fake academic credentials will immediately be removed from consideration. In making recommendations, the superintendent or designee shall give first consideration to applicants who, in addition to proper general education qualifications, have special training and other qualifications for the particular type of vacancy to be filled. If a candidate is not acceptable to the Board, the superintendent or designee should recommend another candidate.


All applicants will be promptly notified once a decision has been made on the position. As required by law, probationary teachers, principals, assistant principals and other certificated employees in positions ineligible for tenure, except the superintendent, shall be notified in writing concerning re-employment on or before April 15 of the year in which the current contract expires.


The district will not accept an application of employment from a Board member, consider a Board member for employment or decide to employ a Board member while the member remains on the Lindbergh Schools Board of Education. Board members who wish to apply for employment in the district must first resign from the Board.


If the district determines that it has a shortage of certificated teachers, the district may hire retired certificated teachers receiving retirement benefits from the Missouri Public School Retirement System to teach full time for up to two years without loss of benefits to the teacher, if the district meets the requirements set by state law. The district may only hire retired teachers under this program if it has:

 

1.         Made a good-faith effort to fill positions with candidates who have not retired.

 

2.         Not offered early retirement incentives for either of the previous two years.

 

3.         Posted the vacancy for at least one month and solicited applications through local newspapers, other media or teacher education programs.

 

4.         Determined that there is an insufficient number of eligible applicants.

 

5.         Declared a critical shortage of certificated teachers that is active for one year.


The total number of retired teachers hired under this section cannot exceed at any one time the lesser of ten percent of the total teacher staff in the district or five certificated teachers. This provision does not apply to a retired certificated teacher employed as a superintendent.


Nepotism


The district will not employ or continue to employ any person who is related within the fourth degree to a Board member by consanguinity or affinity, unless the person is a tenured teacher in the district and cannot otherwise be removed. If a Board member is elected or appointed who is related to an at-will employee, the employee will be given notice and terminated at the end of the school year. If a Board member is elected or appointed who is related to a contracted employee, the employee will continue to be employed until the contract expires. However, the district will not renew or extend the employment contract.


"Fourth degree of consanguinity or affinity" means parents, grandparents, great-grandparents, great-great-grandparents, spouse, children, siblings, grandchildren, great-grandchildren, great-great-grandchildren, nieces or nephews, grand-nieces or grand-nephews, aunts or uncles, great-aunts or great-uncles, and first cousins by virtue of a blood relationship or marriage.


Contracting


Unless the terms of the contract state otherwise, newly hired employees who receive a written contract must return the contract within 15 calendar days of the receipt of the contract, or the offer of employment will be deemed rejected.


Probationary teachers, principals, assistant principals and other certificated employees in positions ineligible for tenure, except the superintendent, will receive a contract no later than May 15 of the year in which the current contract expires. Once such an employee has received a contract, the employee will have 15 calendar days to sign and return the contract or the contract shall be deemed to have been rejected.


Tenured teachers shall be notified in writing by May 15 regarding the beginning date and length of the next school year and the amount of compensation to be received for the next school year as provided by the salary schedule adopted by the Board. A tenured teacher who does not notify the district of his or her intent to leave the district by June 1 is contractually bound to the district for the upcoming school year.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         09/10/1985

 

Revised:          10/12/2004; 03/08/2005; 11/08/2005; 01/11/2011; 04/10/2012

 

Cross Refs:     AC, Prohibition Against Illegal Discrimination and Harassment

BBFA, Board Member Conflict of Interest and Financial Disclosure

DD, Grants

 

MSIP Refs:     5.1, 8.4

 

Legal Refs:     §§ 162.261, .301, 168.101 - .133, .169.331, .596, 213.010, .055, .070, 285.530, 290.400 - .410, RSMo.

Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

Equal Pay Act, 29 U.S.C. § 206(d)

Age Discrimination in Employment Act, 29 U.S.C. §§ 621 - 634

The Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

Family and Medical Leave Act, 29 U.S.C. § 2615

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d - 2000d-7

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e -2000e-17

Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 - 6107

Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213


Lindbergh Schools, St. Louis, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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