Promoting Excellence for Global Opportunities
Monona Grove Teacher Handbook
Revised August 28, 2013
Employee Acknowledgment
I acknowledge that I have received and reviewed a copy of the Monona Grove School District Teacher
Policies and Handbook (Handbook). I understand that it is my responsibility to read the Handbook. If
there are any policies or provisions provided to me that I do not understand, I will seek clarification from
my immediate supervisor. I understand that this Handbook states the Monona Grove School District’s
policies and procedures in effect on the date of publication. I also understand that these policies and
procedures are continually evaluated and may be modified, revoked, suspended, terminated, or changed in
whole or in part, with prior notification to staff and an effective date for the change.
I understand that this Handbook does not constitute an employment contract. I understand that nothing in
this Handbook is intended to confer a property interest in my continued employment with the District
beyond the term of my current contract (if any). I understand that I have an obligation to inform my
supervisor of any changes in my personal information, such as phone number, address, etc. I also accept
responsibility for contacting my supervisor if I have any questions, concerns or need further explanation.
If any contractual relationship between the District and an employee (or group of employees) conflicts
with any provision of this Handbook, the contract shall govern with respect to that issue.
Printed Name
Signature
Date
(Supervisors are to maintain this page in the employee’s personnel file. After the employee ceases
employment with the District, the District will maintain this record pursuant to its records retention
schedule, or if none, for a period of no less than 7 years.)
MGSD Teacher Handbook
Page 2
Preamble
Employees Covered:
This Handbook is provided as a reference document for the Monona Grove School District’s (hereinafter
referred to as “District”) teachers. For purposes of this handbook, the term teachers shall include reading
consultants, guidance personnel, librarians, social workers, psychologists, speech and language therapists,
nurses, occupational therapists, and physical therapists.
Disclaimer
The contents of this Handbook are presented as a matter of information only. The plans, policies and
procedures described are not conditions of employment. The District reserves the right to modify, revoke,
suspend, terminate, or change any or all such plans, policies, or procedures, in whole or in part, with prior
notification to staff and an effective date for the change. The language which appears in this Handbook is
not intended to create, nor is it to be construed to constitute a contract between the District and any of its
teachers or a guarantee of continued employment.
In case of a direct conflict between this Handbook, rules, regulations or policies of the Board and any
specific provisions of an individual contract or collective bargaining agreement, the individual contract
will take precedence.
This Handbook is intended to provide teachers with information regarding policies, procedures, ethics,
expectations and standards of the District; however, this Handbook should not be considered all-inclusive.
Copies of Board Policies and Administrative Rules are available on the District website at
www.mononagrove.org under “School Board – Policies.” A copy of the Professional Development and
Assessment Manual is also available online under “Staff Resources.” It is important that each teacher is
aware of the policies and procedures related to his/her position. The rights and obligations of all teachers
are governed by all applicable laws and regulations, including, but not limited by enumeration, the
following: Federal laws and regulations, the laws of the State of Wisconsin, Wisconsin State
Administrative Code, the policies of the Monona Grove School Board, and the Professional Development
and Assessment Manual.
MGSD Teacher Handbook
Page 3
Table of Contents
Employee Acknowledgment ..........................................................................................................2
Preamble .........................................................................................................................................3
Disclaimer .......................................................................................................................................3
Table of Contents ...........................................................................................................................4
Vision and Mission Statements ...................................................................................................11
District Emergency Procedures ..................................................................................................12
District Map and School Locations ............................................................................................13
District Organizational Chart.....................................................................................................15
School Year Calendar ..................................................................................................................16
SECTION 1.
1.01
SECTION 2.
DEFINITIONS.................................................................................................17
General Personnel Policies ................................................................................17
EMPLOYMENT LAW ...................................................................................17
2.01
Equal Opportunity .............................................................................................17
2.02
Equal Opportunity Complaints..........................................................................18
2.03
Family and Medical Leave Act .........................................................................18
2.04
Harassment and Bullying ..................................................................................18
SECTION 3.
GENERAL EMPLOYMENT PRACTICES AND
EXPECTATIONS ....................................................................................20
3.01
District Expectations .........................................................................................20
3.02
Accident/Incident Reports .................................................................................20
3.03
Attendance .........................................................................................................21
3.04
Length of Service ..............................................................................................21
3.05
Monona Grove Education Association..............................................................21
3.06
Bulletin Boards ..................................................................................................23
3.07
Child Abuse Reporting ......................................................................................23
3.08
Communications................................................................................................23
3.09
Confidentiality ...................................................................................................24
3.10
Conflict of Interest.............................................................................................24
3.11
Contracts and Conflict of Interest .....................................................................25
3.12
Copyright ...........................................................................................................25
MGSD Teacher Handbook
Page 4
3.13
Criminal Background Checks/Charges/Convictions for Active
Employees - Obligation to Report Criminal Record .........................................25
3.14
Drug-, Alcohol-, and Tobacco-Free Workplace ................................................26
3.15
Employee Identification Badges .......................................................................26
3.16
False Reports .....................................................................................................27
3.17
Fraud and Financial Impropriety .......................................................................27
3.18
Honesty..............................................................................................................27
3.19
Nepotism ...........................................................................................................27
3.20
Outside Employment .........................................................................................28
3.21
Personal Property ..............................................................................................28
3.22
Personnel Records .............................................................................................28
3.23
Personnel – Student Relations ...........................................................................28
3.24
Staff Physical Examinations ..............................................................................29
3.25
Political Activity................................................................................................29
3.26
Employee (Whistleblower) Protection ..............................................................29
3.27
Work Made for Hire ..........................................................................................30
3.28
Work Spaces, Including Desks, Lockers, etc. ...................................................30
3.29
Violence in the Workplace ................................................................................30
3.30
Legal Custodian of Records ..............................................................................32
SECTION 4.
EMPLOYEE GRIEVANCE POLICY AND PROCEDURE ......................32
4.01
Definitions ..........................................................................................................33
4.02
Time Limits for the Grievance Process .............................................................34
4.03
Levels ................................................................................................................37
4.04
Retaliation .........................................................................................................40
4.05
Request for Reconsideration of School Board Decision ...................................40
4.06
Consolidation of Grievances .............................................................................40
4.07
Group Grievances ..............................................................................................40
SECTION 5.
PAY PERIODS ................................................................................................41
5.01
Annualized Payroll Cycle..................................................................................41
5.02
Payroll Dates .....................................................................................................41
5.03
Direct Deposit Payment Method .......................................................................41
5.04
Salary Deferrals –Tax Sheltered Annuities (TSA) ............................................41
MGSD Teacher Handbook
Page 5
SECTION 6.
6.01
SECTION 7.
COMPENSATION AND EXPENSE REIMBURSEMENT........................42
Mileage Reimbursement....................................................................................42
WORKER’S COMPENSATION...................................................................43
7.01
Worker's Compensation Coverage and Reporting Responsibilities ..................43
7.02
Benefits While on Worker's Compensation ......................................................43
7.03
Injuries Not Covered by Worker’s Compensation ............................................43
SECTION 8.
SICK LEAVE ..................................................................................................43
8.01
Sick Leave Earned .............................................................................................43
8.02
Sick Leave Use ..................................................................................................44
8.03
Sick Leave Accumulation .................................................................................44
8.04
Sick Leave and Long-Term Disability ..............................................................44
8.05
Sick Leave and Short-Term Disability ..............................................................45
8.06
Reporting Procedure and Doctor's Certificate ...................................................45
8.07
Holidays during Sick Leave ..............................................................................45
SECTION 9.
JURY DUTY and other JUDICIAL PROCEEDINGS LEAVES ...............45
9.01
Jury Duty and other Judicial Proceedings .........................................................45
9.02
Notice ................................................................................................................45
9.03
Payment for Time Out on Jury Duty or Other Judicial Proceedings.................45
SECTION 10.
BEREAVEMENT LEAVE .............................................................................46
10.01
Bereavement Leave for a Death in the Immediate Family ................................46
10.02
Bereavement Leave for a Death of an Individual Outside of the
Immediate Family..............................................................................................46
10.03
Additional Bereavement Leave .........................................................................46
10.04
Bereavement Leave Increments ........................................................................47
SECTION 11.
PERSONAL BUSINESS AND EMERGENCY LEAVE .............................47
11.01
Reasons for Personal Business and Emergency Leave .....................................47
11.02
Personal Business and Emergency Leave Days Provided.................................47
11.03
Personal Leave Day Restrictions .......................................................................47
11.04
Notification and Approval of Personal Leave and the Total Number of
Teachers on Personal Leave ..............................................................................47
11.05
Part-time Teachers .............................................................................................48
11.06
Personal Leave Increments ................................................................................48
MGSD Teacher Handbook
Page 6
SECTION 12.
UNIFORMED SERVICES LEAVE ..............................................................48
12.01
Uniformed Services Leave of Absence .............................................................48
12.02
Length of Service during Uniformed Services Leave .......................................48
12.03
Request for Uniformed Services Leave.............................................................49
12.04
Calculation of Payment for Members of the Military .......................................49
SECTION 13.
FAMILY AND MEDICAL LEAVE (FMLA)...............................................49
13.01
Definition...........................................................................................................49
13.02
Eligibility ...........................................................................................................49
13.03
Duration of Family and Medical Leave ............................................................49
13.04
Notice to the District .........................................................................................50
13.05
Notice to the Employee .....................................................................................50
13.06
Leave Extension ................................................................................................50
13.07
Benefit Continuance and Accrual during FMLA Leave of Absence ................50
13.08
Types of Qualifying Family and Medical Leave...............................................51
13.09
Wisconsin and Federal Family Medical Leave .................................................52
13.10
When the Reason for Leave Qualifies for Both Family and Medical
Leave .................................................................................................................52
13.11
Use of Paid and Unpaid Leave ..........................................................................53
13.12
Medical Certification of a Serious Health Condition ........................................53
13.13
Additional Certifications ...................................................................................53
13.14
Combined Leave................................................................................................53
13.15
Other Required Documentation.........................................................................53
13.16
Instructional Employees ....................................................................................54
13.17
Intermittent or Reduced Schedule Leave ..........................................................55
13.18
Return from Leave.............................................................................................55
13.19
Rights Upon Return from Leave .......................................................................55
13.20
Forms .................................................................................................................56
SECTION 14.
RELIGIOUS HOLIDAY LEAVE .................................................................56
SECTION 15.
CHILD REARING LEAVE ...........................................................................56
SECTION 16.
UNPAID LEAVE OF ABSENCE – FOR OTHER THAN
MEDICAL AND CHILD REARING REASONS.................................57
SECTION 17.
BENEFITS AND INSURANCE .....................................................................58
MGSD Teacher Handbook
Page 7
17.01
Cafeteria Plan/Flexible Spending Account .......................................................58
17.02
Dental Insurance ................................................................................................58
17.03
Health Insurance ................................................................................................60
17.04
Liability Insurance .............................................................................................62
17.05
Life Insurance ....................................................................................................62
17.06
Long-Term Disability ........................................................................................62
17.07
Short-Term Disability........................................................................................63
17.08
Wisconsin Retirement System (WRS) Contributions .......................................64
17.09
Defined Benefit or Defined Contribution Post-Employment Benefit ...............64
SECTION 18.
WORK STOPPAGE .......................................................................................66
SECTION 19.
NONRENEWAL FOR PERFORMANCE ...................................................66
19.01
Length of Probationary Period for Teachers .....................................................66
19.02
Standard for Nonrenewal for Probationary and Post-Probationary
Teachers.............................................................................................................66
SECTION 20.
DISCIPLINE AND TERMINATION ...........................................................67
20.01
Standard for Discipline and Termination ..........................................................67
20.02
Representation ...................................................................................................67
20.03
Disciplinary Materials .......................................................................................67
20.04
Termination of Employment .............................................................................67
SECTION 21.
PROFESSIONAL HOURS/WORKDAY ......................................................67
21.01
Normal Hours of Work......................................................................................67
21.02
Traveling Teachers ............................................................................................68
21.03
Administratively Called Meetings.....................................................................68
21.04
Open House (Back to School Night) .................................................................68
21.05
Flexible Scheduling during Workweek .............................................................69
21.06
Emergency School Closures ..............................................................................69
21.07
School Calendar ................................................................................................69
SECTION 22.
TEACHER SUPERVISION AND EVALUATION .....................................69
SECTION 23.
TEACHER ASSIGNMENTS, VACANCIES AND TRANSFERS .............69
23.01
Teacher Assignments, Vacancies and Transfers ...............................................69
23.02
Employee Resignations .....................................................................................70
23.03
Teacher Absence and Substitutes ......................................................................70
MGSD Teacher Handbook
Page 8
23.04
Extended Contracts............................................................................................71
23.05
Job Sharing ........................................................................................................71
SECTION 24.
REDUCTION IN FORCE - POSITIONS & HOURS (NONPERFORMANCE-RELATED NONRENEWAL) ...............................72
24.01
Reasons for Reduction in Force ........................................................................72
24.02
Notice of Reduction...........................................................................................72
24.03
Selection for Reduction – Steps ........................................................................72
24.04
Teacher’s Right to Private Board Conference Under § 118.22 .........................73
24.05
Nonrenewal for Reduction in Hours .................................................................73
24.06
Reemployment Process .....................................................................................73
24.07
Insurance Benefits Following Nonrenewal .......................................................73
24.08
Accrued Benefits during Reemployment Period ...............................................74
SECTION 25.
PROFESSIONAL COMPENSATION ..........................................................74
25.01
Additional Hours for Less-than Full Time Teachers.........................................74
25.02
After School Teachers .......................................................................................73
25.03
After School Detention Supervision..................................................................73
25.04
Bus Supervision .................................................................................................74
25.05
Classroom Moves ..............................................................................................74
25.06
Curriculum Workshop Pay ................................................................................74
25.07
Extended Contracts............................................................................................74
25.08
Extended School Year - ESY ............................................................................74
25.09
Homebound Teachers ........................................................................................75
25.10
IEP Meetings .....................................................................................................75
25.11
Jumpstart Teachers ............................................................................................75
25.12
Lunchroom Supervision ....................................................................................75
25.13
Meetings/Workshops .........................................................................................75
25.14
Mentor Stipend ..................................................................................................75
25.15
Overload Teaching Pay .....................................................................................75
25.16
Overtime Program .............................................................................................75
25.17
Saturday School .................................................................................................75
25.18
Staff Subbing for Administrator ........................................................................75
25.19
Staff Subbing or Staff ........................................................................................75
MGSD Teacher Handbook
Page 9
25.20
Supervision at Non-Athletic Events ..................................................................76
25.21
Supervision at Non-Varsity Athletic Events .....................................................76
25.22
Supervision at Varsity Athletic Events .............................................................76
25.23
Summer School Teaching Pay ..........................................................................76
25.24
Teachers Training Teachers ..............................................................................76
25.25
Teachers Training Parents .................................................................................76
SECTION 26.
POST-EMPLOYMENT BENEFITS .............................................................76
Appendix A: Board Policies and Administrative Rules ..........................................................77
Appendix B: Forms ....................................................................................................................121
Appendix C: Post-Retirement Benefits ....................................................................................129
MGSD Teacher Handbook
Page 10
Vision and Mission Statements
Monona Grove School District
“Promoting Excellence for Global Opportunities”
The Vision:
MGSD is a student-focused culture that empowers continuous learners to
embrace global opportunities and excellence.
The Mission:
The mission of the MGSD is to increase learning for all students while
cultivating social responsibility and a desire for learning.
We will achieve this by...
• Building positive relationships among students, staff, parents, and
community.
• Working together to inspire and engage students in meaningful
learning opportunities by using research-based practices to address
individual learning needs.
• Providing a safe and healthy environment that fosters respect and
culturally responsive practices.
• Using resources efficiently and effectively.
Unanimously adopted by the Monona Grove Board of Education on June 8, 2011
MGSD Teacher Handbook
Page 11
District Emergency Procedures
Should inclement weather or other emergency situation(s) require the District to close school(s) the
following procedures shall be followed:
Automated calls will be placed to student and employee home phone numbers beginning at 6:00 a.m. or
as soon as practicable using the District’s Emergency Notification System (ENS) if conditions warrant
the closing of schools. Staff may also be notified by the District’s email service.
Local television and radio stations will also be notified by 6:00 a.m. or as soon as practicable. Please
check the following if you do not receive a phone call or an email.
Television:
•
•
•
WISC/Channel 3
WMTV/Channel 15
WKOW/Channel 27
Radio Stations:
•
•
•
•
•
WIBA/1310 AM
WMLI/96.3 FM
WIBA/101.5 FM
WZEE/104.1 FM
WMAD/92.1FM
•
•
•
•
•
WOLX/94.9 FM
WMMM/105.5 FM
WYZM/Y105.1 FM
WNWC/102.5 FM
WNWC/1190 AM
Information is also posted on the District website: http://www.mononagrove.org/
Employees are encouraged to monitor these TV and radio stations.
Security
IN CASE OF A LIFE-THREATENING EMERGENCY CALL 911.
For all other emergencies:
•
Teachers should call their Building Principal. If the principal cannot be reached, call:
•
Mark Scullion, Director of Facilities and Safety: (608) 209-4973
MGSD Teacher Handbook
Page 12
District Map and School Locations
Cottage Grove Attendance Zone
MGSD Teacher Handbook
Page 13
District Map and School Locations
Monona Attendance Zone
MGSD Teacher Handbook
Page 14
District Organizational Chart
Monona Grove Board of Education
Superintendent of Schools
Administrative Assistant to Superintendent
Director of
Business
Services
Director of
Student Services
Director of
Curriculum and
Instruction
Administrative
Assistant
Administrative
Assistant
Administrative
Assistant
Payroll Specialist
District
Bookkeeper
Director of
Facilities &
Safety
Data &
Assessment
Coordinator
Gifted and
Talented
Resource Teacher
Intervention &
Equity Services
Coordinators
District Translator
School
Principals
Teacher Mentors
Social Worker
Director of
Technology
Guidance
Counselors
Transportation
Coordinator
School
Psychologists
School Nutrition
Coordinator
OT/PT/Speech
School Nurses
Aquatics Director
Special Education
Staff
Taylor Prairie
School
Cottage Grove
School
Winnequah
School
Teachers
Teachers
Teachers
Support Staff
Support Staff
Support Staff
MGSD Teacher Handbook
Glacial Drumlin
School
Monona Grove
High School
Assistant
Principal
Assistant
Principals
Teachers
Teachers
Support Staff
Support Staff
Page 15
2013-2014 School Year Staff Calendar
New Teacher Orientation
New Teacher Orientation—AM Only
All Staff Welcome Back Program—AM; All-staff meetings-PM
Teacher Inservice
All Staff Meetings/Work-Time
Vacation Day
Labor Day (Holiday)
School Begins
Early Dismissal—Inservice (GDS/MGHS); No School—Inservice/Collaboration (Elem.)
No School—Inservice (4K-12)
End of Quarter 1 (GDS/MGHS)
Early Dismissal—Reports 4K-12
Parent-Teacher Conferences (4pm-8pm) 4K-12
Parent-Teacher Conferences (4pm-8pm) GDS, MGHS
Parent-Teacher Conferences (4pm-8pm) Elem.
End of Trimester 1 (Elem.)
Early Dismissal (PM Comp Time: Fall Conferences)
Thanksgiving Vacation (Includes 1 Holiday)
Early Dismissal—Inservice (MGHS); No School—Inservice/Collaboration (Elem., GDS)
Winter Vacation
Classes Resume
No School—Inservice (4K-12)
Exams (HS)
End of Quarter 2/Semester 1 (GDS/MGHS)
No School—Inservice AM (Elem.); Reports AM (GDS/MGHS);
Comp Time PM: Fall Conferences (4K-12)
Early Dismissal—Inservice (GDS/MGHS); No School—Inservice/Collaboration (Elem.)
End of Trimester 2 (Elem.)
Early Dismissal— Inservice (GDS/MGHS); No School – Collaboration & Reports (Elem.)
Parent-Teacher Conferences (4pm-8pm) 4K-12
Parent-Teacher Conferences (4pm-8pm) Elem., GDS
Parent-Teacher Conferences (4pm-8pm) MGHS
End of Quarter 3 (GDS/MGHS)
Early Dismissal— Reports (GDS/MGHS); No school – Inservice/Collaboration (Elem.);
Spring Vacation
Classes Resume
No School
No School— Comp Time: Spring Conferences AM; Inservice PM;
Advanced Placement Testing (MGHS)
Early Dismissal (Comp Time: Spring Conferences)
Memorial Day (Holiday)
Early Dismissal—Reports (Elem.); Inservice (GDS/MGHS)
Exams (MGHS)
Early Dismissal—Inservice (Elem.); Reports (GDS/MGHS); End of Q4/Sem 2
Teacher Check-out (PM after early dismissal)
August 22, 23
August 26
August 27
August 28
August 29
August 30
September 2
September 3
September 24
October 30
November 4
November 5
November 21
November 25
November 26
November 27
November 27
November 28-29
December 9
Dec. 23-Jan. 3
January 6
January 20
January 21-23
January 23
January 4
February 14
March 7
March 7
March 13
March 19
March 20
March 28
March 28
Mar 31-April 4
April 7
April 18
April 21
May 5-16*
May 23
May 26
June 3
June 10-12
June 12
June 12
Note: Easter is on 4/20/14
*Tentative Dates for AP testing
MGSD Teacher Handbook
Page 16
SECTION 1.
DEFINITIONS
A. Discipline: Discipline is broadly defined as a suspension [unpaid or paid], or an oral or
written reprimand. Discipline for the purposes of Grievance is narrowly defined in Section 4:
Grievance Policy and Procedure.
B. Summer School Teacher: A summer school teacher is defined as an employee who is hired
to work for the District during the summer school session. Summer school session is
defined as the supplemental educational program offered for District students pursuant to
Department of Public Instruction rules and regulations.
1. If seasonal/summer school session employment is available, the District shall offer
seasonal/summer school employment to the applicable qualified regular school year
employees. The District is free to use outside providers to perform such work.
2. The terms and conditions of employment for seasonal/summer school session shall
be established by the District at the time of hire. Unless specifically set forth by the
District at the time of hire, work performed by a regular employee during a seasonal
or summer school session shall not be used to determine eligibility or contribution
for any benefits, length of service or wage/salary levels.
C.
Supervisor: The District will identify the individual teacher’s supervisor on the
employee’s job description.
D.
Teacher: For purposes of this Handbook, “Teachers” are defined as any person who
holds a teacher's certificate or license issued by the state superintendent or a
classification status under the technical college system board and whose legal
employment requires such certificate, license or classification, including reading
consultants, guidance personnel, librarians, social workers, psychologists, speech and
language therapists, nurses, occupational therapists, and physical therapists.
1. Full-time Teacher: Regular full-time teachers are defined as one who works 1425 or
more hours per year for a school year.
2. Part-time Teacher: Regular part-time teachers are defined as one who works a
school year or more, but less than 1425 hours per year for a school year.
3. Exclusions: A regular full-time or regular part-time teachers does not include a
substitute teacher as defined in this Section.
E. Termination Definition for Grievance Procedure: See Section 4: Grievance Policy and
Procedure.
F. Workplace Safety Definition for Grievance Procedure: See Section 4: Grievance Policy and
Procedure.
Note: Additional Definitions may be added to this Handbook as needed.
1.01
General Personnel Policies
This Employment Handbook is subservient to, and does not supersede the provisions set forth in District
policies, available online at http://www.mononagrove.org/boardpolicies.cfm.
SECTION 2.
2.01
EMPLOYMENT LAW
Equal Opportunity
It is the policy of the District that no person may be illegally discriminated against in employment by
reason of their age, race, creed, color, disability, homeless status, pregnancy, marital status, sex,
MGSD Teacher Handbook
Page 17
citizenship, national origin, ancestry, sexual orientation, arrest record, conviction record, military
service, membership in the National Guard, state defense force or any other reserve component of the
military forces of Wisconsin or the United States, political affiliation, use or nonuse of lawful products
off the employer's premises during nonworking hours, declining to attend a meeting or to participate in
any communication about religious matters or political matters, the authorized use of family or medical
leave or worker's compensation benefits, genetic information, or any other factor prohibited by state or
federal law.
Reasonable accommodations shall be made for qualified individuals with a disability, unless such
accommodations would impose an undue hardship on the District. A reasonable accommodation is a
change or adjustment to job duties or work environment that permits a qualified applicant or employee
with a disability to perform the essential functions of a position or enjoy the benefits and privileges of
employment compared to those enjoyed by employees without disabilities.
Requests for accommodations under the Americans with Disabilities Act or under the Wisconsin Fair
Employment Act from current employees must be made in writing in to the Director of Instruction.
2.02
Equal Opportunity Complaints
The District encourages informal resolution of complaints under this policy. A formal complaint
resolution procedure is available, however, to address allegations of violations of the policy in the
District. Refer to Board Policy 511 Equal Employment Opportunities, and Board Policy 525 Employee
Grievance Policy and Procedure
2.03
Family and Medical Leave Act
Monona Grove School District complies with the Family and Medical Leave Act. Refer to Section 14
Family and Medical (FMLA) Leaves of Absence, Board Policy 532.13 Medical Leave of Absence, and
FMLA Certification of Health Care Provider Form.
2.04
Harassment and Bullying
The District is committed to providing fair and equal employment opportunities and to providing a
professional work environment free of all forms of harassment and bullying. Harassment within the
MGSD environment, including bullying, hazing and/or intimidation will not be tolerated.
EMPLOYEE HARASSMENT: Board Policy 512
The Monona Grove School District is committed to providing a healthy learning and working
environment within the MGSD environment. Therefore, harassment within the MGSD
environment, including bullying, hazing and/or intimidation will not be tolerated, including but
not limited to harassment on the basis of race, sex, color, creed, religion, ancestry, national
origin, age, disability, arrest or conviction record, pregnancy, marital status, sexual orientation,
membership in military service of the Unites States or the State of Wisconsin or use or non-use
of lawful products off the employer’s premises during non-working hours. This includes
electronically transmitted acts of harassment which directly affect the school environment.
This Policy applies to the MGSD employees, all of whom have an obligation to promote,
monitor, and maintain a District-wide harassment-free learning and working environment.
Harassment of employees or by employees occurring in the school setting will not be tolerated
by the Monona Grove School District. For purposes of this policy, “school setting” includes
schools, school grounds, school buses, school-sponsored social events, trips, sports events, or
MGSD Teacher Handbook
Page 18
similar school-sponsored events and functions and travel to and from school and/or school
sponsored events. It is additionally important to note that employee behavior relating to social
interaction with students unrelated to school matters may lead to allegations of employee
harassment.
The Monona Grove School District is committed to the prevention of harassing behavior and to
redirect these behaviors in a manner that will provide intervention for both victims and
instigators or perpetrators of harassment. Intervention may include professional development,
counseling, classroom activities and instruction. School climate must discourage all harassment
whether among students, staff, employees, administration or other community members.
Definitions
Harassment
Harassment is defined as any physical, verbal, or written conduct and/or electronic transmissions
that interferes with a person’s work or school performance, or that creates an intimidating,
hostile, or offensive school or work environment. Actions that are deliberate, repeated, or if
occurring only once, when sufficiently severe to interfere substantially with one’s in school
performance or to create an intimidating hostile in school environment will be considered
harassment and will not be tolerated.
Sexual Harassment
Sexual harassment is a form of harassment and it will not be tolerated. Sexual harassment
includes unwelcome and unsolicited sexual advances, requests for sexual favors and other
verbal, visual or physical conduct of a sexual nature. Sexual harassment also includes, but is not
limited to, unwelcome sexual advances or propositions, verbal abuse of a sexual nature, subtle
pressure or requests for sexual activities, unnecessary touching of an individual, graphic verbal
comments about an individual’s body, sexually degrading words used to describe an individual,
a display in the workplace of sexually suggestive objects or pictures, sexually explicit or
offensive jokes or physical assault.
No school district employee within our school communities shall threaten or insinuate, either
explicitly or implicitly, that an employee’s refusal to submit to sexual advances will adversely
affect the person’s academic standing, employment, work status, evaluation, wages,
advancement, assigned duties, shifts or any other condition of employment or career or
educational development.
Bullying
Bullying is another form of harassment and will not be tolerated. Bullying is defined as the
repeated intimidation of others by the real or threatened infliction of physical, verbal, written,
electronically transmitted, or emotional abuse, or attacks on the property of another. It may
include, but is not limited to, action such as verbal taunts, spreading rumors, name-calling and
put-downs, extortion of money or possessions, and exclusion from peer groups within the
school. Bullying may include the use of a computer or other telecommunications such as PDA’s,
cell phones, and other electronic communication devices to send embarrassing, slanderous,
threatening, or intimidating messages.
Hazing
Hazing is defined as any intentional, knowing, or reckless act meant to induce physical pain,
embarrassment, humiliation, deprivation of rights, or that creates physical or mental discomfort,
MGSD Teacher Handbook
Page 19
or that results in property damage or theft, and is directed against an employee for the purpose of
being initiated into, affiliating with, holding office in (collectively called “initiation activities”),
or maintaining membership in any organization, club, or athletic team sponsored or supported by
the District. Hazing is prohibited by the Monona Grove School District.
Dissemination of Policy
This policy will be disseminated to employees of the MGSD
False Accusations
The Monona Grove School District prohibits any school district employee within our school
district community from falsely accusing another. The consequences and appropriate remedial
action for anyone found to have falsely accused another person of harassment or bullying will be
processed in accordance with district policies, procedures, and agreements.
Retaliation Prohibited
The District prohibits retaliation against anyone who reports an incident of harassment, files a
complaint of harassment or assists in an investigation. Employees who retaliate shall be subject
to discipline.
The school staff or administrator will support employees making such reports and protect
against any potential retaliation for making such a report.
EMPLOYEE HARASSMENT PROCEDURES:
See Administrative Rule 512: Employee Harassment Procedures in Appendix A.
SECTION 3.
3.01
GENERAL EMPLOYMENT PRACTICES AND
EXPECTATIONS
District Expectations
The District expects its teachers to produce quality work, maintain confidentiality as required by law and
Board Policy 347 Student Records, Board Rule 347 Guidelines for Maintenance of Confidentiality of
Student Records with respect to student and employee records, work efficiently, and exhibit a
professional, respectful, and courteous attitude toward other employees, parents, students, administrators
and Board members. The District expects teachers to comply with all applicable Board policies, work
rules, job descriptions, and legal obligations.
The District expects teachers to comply with the standards of conduct set out in Board policies, this
Handbook, and with any other policies, regulations and guidelines that impose duties, requirements or
standards attendant to their status as District employees.
The following delineation of employment practices is for informational purposes and is not intended to
be an exhaustive list of all employment expectations that may be found in other applicable Board
policies, work rules, job descriptions, terms of this Handbook and legal obligations.
3.02
Accident/Incident Reports
An accident report shall be completed if a student or staff member is injured while on school property,
including school buses, or while at a school-sponsored activity and medical attention by a designated
MGSD Teacher Handbook
Page 20
caregiver, emergency medical personnel or a physician was required; or a possibility exists that the
incident could result in later medical attention; or the injury may be cause for liability at a later date.
Reports should cover property damage as well as personal injury. A completed accident report must be
submitted to the building principal within twenty-four (24) hours or the next scheduled District workday,
as appropriate. In the event of a work-related accident or injury, please see the Worker’s Compensation
section of this Handbook (Part 1, Section 8). See also Board Policy 723.1 Accident Reports and
Administrative Exhibit 723.1(2) Staff Accident Report.
3.03
Attendance
The District expects teachers to make every effort to be present for work. Teachers are expected to
adhere to their assigned schedule. In order for the schools to operate effectively, teachers are expected
to perform all assigned duties and work all scheduled hours during each designated workday, unless the
teacher has received approved leave.
Teachers who are unable to report to work shall follow the district’s reporting procedures for reporting
his/her absence. Excessive tardiness, failure to notify the District of an absence and failure to report to
work on such day could result in disciplinary action.
3.04
Length of Service
Length of Service list shall be established by the total years of continuous service as a teacher in the
District, with such calculation commencing as of the first day taught followed by continuous service.
Director of Business Services and MGEA President will review the Length of Service list on an annual
basis.
An up to date Length of Service list will be available for inspection by the Association or any interested
member of the staff.
3.05
Monona Grove Education Association
The Board agrees that the individual teacher shall have full freedom of association, self-organization and
the designation of representatives of his/her own choosing, to negotiate base wages and that he/she shall
be free from interference, restraint, or coercion by the Board, or its agents, in the designation of such
representatives or in self-organization or in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
A. Recognition
To the extent allowable by law, the Board recognizes the Association (MGEA) as the sole
bargaining representative for all full-time and part-time certified personnel employed by the
Monona Grove School District, including department coordinators, reading consultants,
guidance personnel, librarians, social workers, psychologists, speech and language therapists,
nurses, occupational therapists, and physical therapists, and excluding the Superintendent,
Director of Business Services, Director of Pupil Services, Director of Instruction and
Continuous Improvement, principals, assistant principals, and per diem substitute teachers
employed by the School District. Members of this collective bargaining unit are referred to as
“teachers.”
Membership in the Association is voluntary. Teachers have the right to join, refrain from
joining, and/or maintain or drop their membership in the Association.
B. Association Meetings: The Association shall have the right to schedule Association meetings in
school buildings as follows:
Meetings of Association at large:
MGSD Teacher Handbook
Page 21
Before 7:50 A.M. and after 4:00 P.M. on school days Wednesday through Friday and at any
time between the hours of 8:00 A.M. and 10:00 P.M. on non-school days.
Building meetings:
Before 7:50 A.M., during the duty free lunch period of the teachers involved, and after 3:50
P.M. on school days Wednesday through Friday and at any time between the hours of 8:00 A.M.
and 10:00 P.M. on non-school days. Any meeting so scheduled shall conclude before 10:00
P.M. The building principal must be given 24 hours advance notice of any such meetings and
time and place of any such meetings will be agreed upon between the building principal and the
president of the Association, or his/her building designee. Any custodial expense incurred by
the District as a result of such use of the school buildings will be paid for by the Association.
Future use of school buildings under this provision may be modified by the Board, should it
become necessary to adopt a written policy curtailing general non-school use of buildings as a
result of the need for reduction of energy use.
C. Discussion of Grievances: Building representatives or executive officers of the Association may
discuss grievances with members after notifying the building principal and providing there is no
interference with the teaching assignment.
D. Equipment use: The Association shall have the right to use for Association business, school
equipment, such as copying equipment, when such equipment is not otherwise in use for
purposes related to the Association's responsibilities and functions as the exclusive collective
bargaining representative. Only qualified personnel as determined by the building principal will
operate any such equipment. The Association shall pay for the costs of all materials and
supplies incident to such use. The Association agrees to accept responsibility for repairing or
replacing any equipment damaged during such use.
E. Teacher Mailboxes: Subject to all applicable rules and regulations of the U.S. Postal Service, the
Association shall have the right to place material in the mailboxes of teachers, and in the interschool mail service, such material to be properly identified by the Association and shall be
related to the Association's responsibilities and functions as the exclusive collective bargaining
representative. Placement shall be made by the building representative or other authorized
Association representative. Copies of all materials shall be furnished to the building principal.
F. Bulletin Boards: The Association shall have the right to use bulletin board space in the faculty
lounge of each building to post Association notices related to the Association's responsibilities
and functions as the exclusive collective bargaining representative. Such space is to be clearly
identified by the Association with the name of the Association. Placement of such notices shall
be made by the building representative or other authorized Association representative.
G. Information: Consistent with its statutory duty to collectively bargain with the Association as
the bargaining representative of bargaining unit employees, and to provide information and data,
the Board agrees to furnish the Association, upon proper request, relevant information and data
with respect to total base wages.
H. Orientation: The Association shall be given the last thirty-minute time period on the Agenda at
the end of the final day of the before school Orientation Workshop for new teachers to present
Association information. Such presentation by the Association may continue past the end of the
contracted school day at the discretion of the Association.
MGSD Teacher Handbook
Page 22
I.
3.06
Board Agenda Items: At the request of the Association, the Superintendent will place items on
the Board Agenda after consultation with the Board President.
Bulletin Boards
The Employer shall provide a bulletin board as a limited forum for teachers to post professional
development information and other apolitical literature that is directly connected to employment at the
District and is consistent with District policy and applicable law. If a collective bargaining unit exists,
the Association will be allowed to post items on the bulletin board subject to the restrictions set forth
herein and as amended by the applicable collective bargaining agreement. All distributed and posted
materials shall always be professional in approach, shall not contain any derogatory comments about
staff, parents, students or board members and shall not be in contravention of any District policy or law.
The Superintendent will be provided a copy of all posted material at the time of the posting. The
Superintendent and/or his/her designee shall be allowed to remove material from the bulletin board(s) at
his/her discretion.
3.07
Child Abuse Reporting
A. Every District employee who has reasonable cause to suspect that a child, seen by the person
in the course of professional duties, has been abused or neglected or who has reason to
believe that a child, seen by the person in the course of professional duties, has been
threatened with abuse or neglect, and that abuse or neglect of the child will occur, shall
report as provided for below in section B.
B. A person required to report shall immediately inform, by telephone or personally, the
applicable District administrative personnel and the county department or, in a county
having a population of 500,000 or more, the department or a licensed child welfare agency
under contract with the department or the sheriff or city, village, or town police department
of the facts and circumstances contributing to a suspicion of child abuse or neglect or of
unborn child abuse or to a belief that abuse or neglect will occur.
C.
3.08
See also Board Policy 454 Child Abuse/Neglect and Board Administrative Rule 454 Child
Abuse/Neglect Definitions.
Communications
A. District employees are expected to comply with Board Policy 522.3 Computer Network Use
by Staff when using information technology and communication resources. The District’s
computer network is for educational purposes. Staff should not assume that any of their
work or activities on the computer network is private. Such activity may be monitored.
B. Compliance with Federal, State and Local Law: For all electronic media, teachers are
subject to certain state and federal laws, local policies, and administrative regulations, even
when communicating regarding personal and private matters, regardless of whether the
teacher is using private or public equipment, on or off District property. These restrictions
include:
1. Confidentiality of student records. Refer to Board Policy 347 Student Records and
Board Rule 347 Guidelines for Maintenance and Confidentiality of Student Records.
MGSD Teacher Handbook
Page 23
2. Confidentiality of other District records, including staff evaluations and private email
addresses. Refer to Board Policy 524 Personnel Records.
3. Confidentiality of health or personnel information concerning colleagues, unless
disclosure serves lawful professional purposes or is required by law. Refer to Board
Policy 524 Personnel Records.
4. Prohibition against harming others by knowingly making false statements about a
colleague or the District.
C. Personal Web Pages: Teachers may not misrepresent the District by creating, or posting any
content to, any personal or non-authorized website that purports to be an official/authorized
website of the District. No employee may purport to speak on behalf of the District through
any personal or other non-authorized website.
D. Disclaimer: The District's electronic systems are provided on an "as is, as available" basis.
The District does not make any warranties, whether expressed or implied, including, without
limitation, those of merchantability and fitness for a particular purpose with respect to any
services provided by the system and any information or software contained therein. The
District does not warrant that the functions or services performed by, or that the information
or software contained on the system will meet the system user's requirements, or that the
system will be uninterrupted or error-free, or that defects will be corrected. Opinions,
advice, services, and all other information expressed by system users, information providers,
service providers, or other third-party individuals in the systems are those of the individual
or entity and not the District. The District will cooperate fully with local, state, or federal
officials in any investigation concerning or relating to misuse of the District's electronic
communications system.
3.09
Confidentiality
Pupil information that teachers obtain as the result of their employment with the District is confidential
and protected by law unless such information has been designated as pupil directory data as set forth in
Board policy. The law and respect for our students require that student issues are only discussed with
employees and parents who need to know the information. Refer to Board Policy 347 Student Records
and Board Rule 347 Guidelines for Maintenance and Confidentiality of Student Records.
In addition to student information, confidentiality is expected in other areas, including employee (refer
to Board Policy 524 Personnel Records) or District business information. Any requests for District
records shall be referred to the appropriate administrator.
3.10
Conflict of Interest
A conflict of interest is defined as any judgment, action or relationship that may benefit an employee or
another party the employee is affiliated with because of the employee’s position with the District.
Employees are required to avoid outside activity that may compete or be in conflict with the best
interests of the District.
Teachers must disclose to their immediate supervisor information of any transaction that may be
considered a conflict of interest as soon as they know the facts. No teacher may use his or her position
to solicit opportunities for financial gain or anything of substantial value for the private benefit of
MGSD Teacher Handbook
Page 24
himself or herself or his or her immediate family, or for an organization with which he or she is
associated. Refer to Board Policy 522.7 Conflict of Interest and Board Policy 539.1 Tutoring.
3.11
Contracts and Conflict of Interest
No employee may negotiate or bid for, or enter into a contract in which the employee has a private
pecuniary interest, direct or indirect, if at the same time the employee is authorized or required by law to
participate in the employee's capacity as an employee in the making of that contract or to perform in
regard to that contract some official function requiring the exercise of discretion on the employee's part.
No employee may, in the employee's capacity as an employee, participate in the making of a contract in
which the employee has a private pecuniary interest, direct or indirect, or performs in regard to that
contract some function requiring the exercise of discretion on the employee's part. See Wis. Stats. §
946.13(1)(a) and (b).
3.12
Copyright
All reproduction, display, performance, and/or modification of copyrighted material shall be conducted
strictly in accordance with applicable provisions of law. Unless otherwise allowed as “fair use” as
defined by federal law, permission must be acquired from the copyright owner prior to reproduction of
material in any form. Questions regarding copyright shall be directed to the Superintendent.
A variety of machines and equipment for reproducing materials to assist staff in carrying out their
educational assignments are available to staff in both the school and home setting. Infringement on
copyrighted material, whether prose, poetry, graphic images, pictorial images, sculptural works,
performance, music, video, or computer-programmed materials or the like, is a serious offense against
federal law, a violation of Board policy and contrary to ethical standards required of staff. Teachers are
further advised that copyright provisions apply to all forms of digital media. It is important to note that a
copyright may exist for a work of material regardless of whether such material is marked with a
copyright notice. Teachers should also refer to Board Policy 771 Copyright Compliance.
3.13
Criminal Background Checks/Charges/Convictions for Active Employees Obligation to Report Criminal Record
Every District employee shall notify his/her immediate supervisor or administrator as soon as possible,
but no more than three calendar days, after any arrest, indictment, conviction, no contest or guilty plea,
or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of
the other offenses as indicated below:
A.
crimes involving school property or funds;
B.
crimes involving attempt by fraudulent or unauthorized means to obtain or alter any
certificate or permit that would entitle any person to hold or obtain a position as an
educator;
C.
crimes that occur wholly or in part on school property or at a school-sponsored activity;
D.
a misdemeanor which involves moral turpitude [e.g. an act or behavior that gravely
violates moral sentiments or accepted moral standards of the community]; or
E.
a misdemeanor which violates the public trust.
The requirement to report a conviction or deferred adjudication shall not apply to minor traffic offenses.
However, an offense of operating under the influence, revocation or suspension of license, and driving
after revocation or suspension must be reported if the employee drives or operates a District vehicle or
piece of mobile equipment or transports students or staff in any vehicle. Failure to report under this
section may result in disciplinary action, up to and including termination. Such report shall be made as
soon as possible, but in no circumstance more than three calendar days after the event giving rise to the
MGSD Teacher Handbook
Page 25
duty to report. The District may conduct criminal history and background checks on its employees. A
conviction of a crime shall not be an automatic basis for termination. The District will consider the
circumstances of the offense, and whether the circumstances of the offense substantially relate to the
circumstances of the employee’s job in determining what action, if any, should be taken against an
employee who is convicted of a crime during employment with the District. If an employee is arrested
during employment with the District, the District will determine whether the circumstances of the
offense substantially relate to the circumstances of the employee’s job. If the District determines there is
a substantial relationship, the District may place the employee on administrative leave pending the
District’s further investigation.
3.14
Drug-, Alcohol-, and Tobacco-Free Workplace
The District seeks to provide a safe drug-free workplace for all of its employees. See Board Policy 522.1
Drug-Free Workplace and Board Policy 523.3 Employee and Family Assistance Program.
DRUG-FREE WORKPLACE: Board Policy 522.1
The Monona Grove School District is committed to maintaining a drug-free workplace. Therefore, no
employee shall possess, use, distribute, dispense or manufacture alcohol or other drugs on school
premises, as part of any of the school’s activities or in the workplace.
All employees shall be expected to abide by provisions of this policy. In addition, employees engaged in
the performance of a grant received directly from the federal government shall notify the Superintendent
of any criminal drug statute conviction occurring in the workplace within five days of such conviction.
The Superintendent shall notify the appropriate federal agency of the conviction.
Violations of this policy shall result in disciplinary actions up to and including termination of
employment and referral for prosecution.
This policy shall be published annually and distributed to all employees of the district. In addition,
inservice programs shall be planned which inform employees about the dangers of alcohol and other
drug abuse in the workplace; any available alcohol and other drug counseling, rehabilitation and
employee assistance programs; and, the penalties that may be imposed upon employees for alcohol and
other drug abuse violations occurring in the workplace.
(Board Policy 523.3)
EMPLOYEE AND FAMILY ASSISTANCE PROGRAM
It is the policy of the Monona Grove School District, in cooperation with all employee groups, to
provide an employee and family assistance program (EFAP) which will encourage early diagnosis and
treatment of behavioral/medical problems.
Refer to Board Policy 523.3 Employee and Family Assistance Program
3.15
Employee Identification Badges
The District shall provide teachers with an employee identification badge. Employee identification
badges are an important part of employee work attire. They allow students, parents, coworkers, vendors
and the public to know who employees are. They are an important part of providing a secure
environment for our students. Teachers must wear their employee identification badges in a visible spot
during their contracted work time.
MGSD Teacher Handbook
Page 26
3.16
False Reports
Teachers may be disciplined for filing false reports or statements including but not limited to the
following: accident reports, attendance reports, insurance reports, physician’s statements, preemployment statements, sick leave requests, student records, tax withholding forms and work reports.
3.17
Fraud and Financial Impropriety
The District prohibits fraud and financial impropriety in the actions of its Board members, employees,
vendors, contractors, consultants, volunteers, and others seeking or maintaining a business relationship
with the District. The District expects all individuals involved with the Monona Grove School District,
including students, employees, Board of Education members, consultants, vendors, contractors and other
parties maintaining any relationship with the District to act with integrity, due diligence and in
accordance with all applicable laws, District policies and procedures in matters involving District fiscal,
and property resources. Refer to Board Policy 665 Fraud Prevention and Reporting and Administrative
Rule 665 Fraud Prevention and Reporting Procedures.
3.18
Honesty
Honesty is a core value in the District. Teachers shall not intentionally falsify or create any inaccuracies
verbally or on any official District documents including but not limited to time sheets, job applications,
AESOP, employee or student records, etc.
3.19
Nepotism
A. Applicants for employment in the District shall be selected without regard to a relationship
by affinity or consanguinity, which they may have with a current employee of the District,
except that the District may refuse to hire or promote a person into a position when the
position will report to an individual who is the spouse of the person considered for hire or
promotion, or when the position will report to an individual with whom the person has a
relationship by affinity or consanguinity. In addition, to avoid possible conflicts of interest,
which may result from employment procedures, an employee who is related by affinity or
consanguinity to another employee or applicant shall not participate in any decision to hire,
retain, promote, evaluate or determine the salary of that person.
B. Definition: For the purposes of this Handbook, a "relationship by affinity" is defined as one
that includes, but is not limited to, a relationship which an individual has with his or her
spouse, designated partner, father-in-law, mother-in-law, brother-in-law, sister-in-law, sonin-law, daughter-in-law, adoptive sibling, adoptive child, adoptive parent, adoptive first
cousin, a financial dependent or co-dependent [for example sharing the same place of
residence]. A "relationship by consanguinity" is defined as a relationship which an
individual has with a blood relative that extends to first cousin. The phrase "decision to hire"
includes every aspect of the hiring process.
C. Employee Reporting Requirements: Should a District employee be called upon to
participate in a decision to hire, retain, promote, evaluate, or determine the salary of a person
related to him or her by affinity or consanguinity, as defined above, the employee shall
refrain from participating in such decision and shall instead delegate his or her decision
making authority regarding that person to the Superintendent or his or her designee. Should
the Superintendent be called upon to participate in a decision to hire, retain, promote,
MGSD Teacher Handbook
Page 27
evaluate or determine the salary of a person related to him or her by affinity or
consanguinity as defined above, he or she shall refrain from participating in such decision
and shall instead delegate his or her decision making authority in regard to the employment
status of that person (i.e., decision to hire, retain, promote, evaluate, etc.) to another
employee of the District.
3.20
Outside Employment
Outside employment is permitted so long it does not interfere with District responsibilities and does not
create a conflict of interest as defined above in Section 3.10 Conflict of Interest and Section 3.11
Contracts and Conflict of Interest.
3.21
Personal Property
Liability: The District does not assume any responsibility for loss, theft or damages to personal
property. If teachers bring personal items to work, they are expected to exercise reasonable care to
safeguard them. The District is not liable for vandalism, theft or any damage to cars parked on school
property. The District carries no accident insurance or other insurance coverage for any loss or injury
for which the District does not have legal responsibility.
3.22
Personnel Records
A teacher shall have the right to review certain personnel documents, upon request and consistent with
the timelines and content limitations specified in Wis. Stat. § 103.13, and Board Policy 524 Personnel
Records. at least two times per calendar year, while in the presence of the administrator or his designee.
The teacher is entitled to examine any personnel documents which are used or which have been used in
determining that teacher's qualifications for employment, promotion, transfer, additional compensation,
termination or other disciplinary action, and certain medical records. This examination must be
accomplished in the presence of the person officially charged by the Superintendent with custody of
those documents. No personnel documents may be removed from the visual presence of the official
custodian. A teacher shall have the right, upon request, to receive copies of any documents permitted to
be reviewed pursuant to Wis. Stat. § 103.13, except those delineated in § 103.13(6), Wisconsin Statutes,
upon payment of the actual cost for making such a copy. A teacher who is involved in a current
grievance against the District may designate in writing a representative of the teacher's union, collective
bargaining unit or other designated representative to inspect the records which have a bearing on
resolution of the grievance. After reviewing his or her personnel records, the teacher has the right to
request that records he or she believes to be inaccurate or obsolete be removed from his or her file. If
the District denies the request, the teacher has the right to file a written statement and have that rebuttal
attached to the disputed record. If the District intends to release the disputed record to a third party, the
District must also release the attached teacher rebuttal statement to the third party. § 103.13(4) Wis.
Stats.
3.23
Personnel – Student Relations
All District personnel will recognize and respect the rights of students, as established by local, state, and
federal law. Teachers shall, at all times, maintain a professional relationship and exhibit a professional
demeanor in their interactions with students. Further, teachers shall refrain from engaging in any actions
or conduct of a sexual nature (verbal or physical) directed toward a student, including, but not limited to,
sexual advances, activities involving sexual innuendo, or requests for sexual favors or sexually explicit
language or conversation. Teachers shall not form inappropriate social or romantic relationships with
MGSD Teacher Handbook
Page 28
students, regardless of whether or not the student is 18 years old. Teachers shall not use profane or
obscene language or gestures in the workplace.
The Board fully supports the right and desire of teachers to maintain a proper disciplinary atmosphere in
all classrooms. The Board further realizes that this is necessary if students and teachers are to realize
maximum effectiveness in the cooperative goals of educational excellence.
3.24
Staff Physical Examinations
Staff physical examinations are required in accordance with section 118.25 of the Wisconsin statutes and
are addressed in Board Policy 523.1 Staff Physical Exams.
3.25
Political Activity
Teachers may exercise the rights and privileges of any citizen in matters of a political nature consistent
with the following restrictions:
A. No school employee shall, during hours for which pay is received and during which
a student is present, engage in any activity for the solicitation, promotion, election,
or defeat of any referendum, candidate for public office, legislation, or political
action.
B. No school employee shall use in any way the classrooms, buildings, or pupils for the
purpose of solicitation, promotion, election, or defeat of any referendum, candidate
for public office, legislation, or political action.
C. No school employee shall make use of school equipment or materials for the purpose
of solicitation, promotion, election, or defeat of any referendum, candidate for
public office, legislation, or political action.
D. Paragraphs A, B, and C above do not apply to Monona Grove Education Association
business that is consistent with Part 1, Section 3.04 of this Handbook.
E. See also Board Policy 851 Display and Distribution of Non-School Materials and
Admin Rule 851 Guidelines for the Display and Distribution of Non-School
Materials.
3.26
Employee (Whistleblower) Protection
A. Complaint Procedure: If any employee of the District reasonably believes that some policy,
practice, or activity of the District is in violation of law, a written complaint must be filed by
that employee with the Superintendent. If the complaint is about a practice or activity of the
Superintendent, the complaint must be filed with the Board President.
B. Purpose: It is the intent of the District to adhere to all laws and regulations that apply to the
District, and the underlying purpose of this provision is to support the District’s goal of legal
compliance. The support of all employees is necessary to achieving compliance with various
laws and regulations.
C. Anti-Retaliation: An employee is protected from retaliation only if the employee brings the
alleged unlawful policy, practice, or activity to the attention of the District and provides the
District with a reasonable opportunity to investigate and correct the alleged unlawful policy,
practice, or activity pursuant to the District’s chain of command or complaint policies. The
protection described below is only available to employees who comply with this
requirement. The protection against retaliation that is described below does not limit the
District from taking disciplinary or other employment action, including termination, against
an employee where that discipline or employment action is not based on the employee’s
filing of a good faith complaint under this policy. The District will not retaliate against an
MGSD Teacher Handbook
Page 29
employee who in good faith has made a protest or raised a complaint against some policy,
practice, or activity of the District, or of another individual or entity with whom the District
has a business relationship, on the basis of a reasonable belief that the policy, practice, or
activity is in violation of law or a clear mandate of public policy. The District will not
retaliate against an employee who discloses or threatens to disclose to a supervisor or a
public body any policy, practice, or activity of the District that the employee reasonably
believes is in violation of law or a rule or regulation mandated pursuant to law or is in
violation of a clear mandate of public policy concerning the health, safety, welfare, or
protection of the environment. Nothing herein shall limit or diminish an employee’s
protections against retaliation for filing a complaint, or participating in an investigation or
legal proceeding, if such actions are protected by state and/or federal law.
Refer to Board Policy 665 Fraud Prevention and Reporting.
3.27
Work Made for Hire
Any work prepared by an employee within the scope of his/her employment is owned by the District
under current federal copyright laws. This is called “work made for hire.” Occasionally a teacher has
questions regarding the use of materials to be included in book or other commercial materials. Such
materials created by the teacher may include staff presentations, student assessments, assignments,
lesson plans, and similar materials.
In recognition of the unique value and importance of these materials to teachers, as well as the public
interest in dissemination of educational materials developed at public expense, the District grants nonexclusive license to the teachers as creators to keep and use such materials in printed and electronic
forms.
Teachers therefore may take copies with them at separation of employment but are also expected to
leave copies of materials. Teachers are encouraged to share materials they have developed with each
other in collaborative efforts to share best practices.
Prior Permission from the Superintendent of his/her designee shall be required in cases when “work
made for hire” will be offered for sale or where payment is required for use.
3.28
Work Spaces, Including Desks, Lockers, etc.
Teachers shall have no expectation of privacy with respect to any item or document stored in or on
District-owned or controlled property, which includes, but is not limited to, vehicles, desks, filing
cabinets, mailboxes, lockers, tables, shelves, and other storage spaces in or out of the
classroom. Accordingly, the District may at any time and in its sole discretion conduct a search of such
property, regardless of whether the searched areas or items of furniture are locked or unlocked.
3.29
Violence in the Workplace
A. Expectations: Violent behavior of any kind or threats of violence, either direct or implied,
are prohibited on District property and at District sponsored events. The District will not
tolerate such conduct in its employees, former employees, contractors, or visitors. An
employee who exhibits violent behavior shall be subject to disciplinary action up to and
including termination and may also be referred to law enforcement.
B. Definitions as Used Under this Section:
1. Workplace Violence: Behavior in which an employee, former employee, contractor or
visitor to a workplace inflicts or threatens to inflict damage to property, serious harm,
injury or death to others at the District or under the direct supervision of the District.
MGSD Teacher Handbook
Page 30
2. Threat: A communicated intent to inflict physical or other harm on any person or
property.
3. Intimidation: Behavior or communication that comprises coercion, extortion, duress or
putting in fear.
4. Court Order: An order by a Court that specifies and/or restricts the behavior of an
individual. Court Orders may be issued in matters involving domestic violence, stalking
or harassment, among other types of protective orders, including temporary restraining
orders.
C. Prohibited Behavior: Violence in the workplace may include, but is not limited to, the
following list of prohibited behaviors directed at or by an employee, supervisor or visitor:
1. Assault or battery.
2. Blatant or intentional disregard for the safety or well-being of others.
3. Commission of a violent felony or misdemeanor.
4. Dangerous or threatening horseplay or roughhousing.
5. Direct threats or physical intimidation.
6. Loud, disruptive, profane or obscene language or gestures that are clearly not part of the
typical school district learning environment.
7. Physical restraint, confinement.
8. Possession of weapons of any kind on District property [please see section 3.43].
9. Stalking.
10. Any other act that a reasonable person would perceive as constituting a threat of
violence.
D. Reporting Procedure: An employee who is the victim of violence, believes he/she has been
threatened with violence, or witnesses an act or threat of violence towards anyone else shall
take the following steps:
1. If an emergency exists and the situation is one of immediate danger, the employee shall
contact the local law enforcement by dialing 9-1-1, and may take whatever emergency
steps are available and appropriate to protect him/herself from immediate harm, such as
leaving the area.
2. If the situation is not one of immediate danger, the employee shall report the incident to
the appropriate supervisor or his/her designee as soon as possible.
An employee who has received a restraining order, temporary or permanent, against an
individual, who may impact the employee at work [e.g. verbal or physical contact or
proximity has been prohibited or restricted], shall immediately supply a copy of the
signed order to his/her supervisor. The supervisor shall provide copies to the other
appropriate supervisors and inform other employees on an as-needed basis.
E. Investigation and Investigation Findings: The District will investigate all complaints filed
and may investigate in other situations where no complaint was filed but was brought to the
District’s attention. Retaliation against a person who makes a good-faith complaint
regarding violent behavior or threats of violence made to him/her is also prohibited.
In appropriate circumstances, the District will inform the reporting individual of the results
of the investigation. To the extent possible, the District will maintain the confidentiality of
the reporting employee and the investigation, but may need to disclose results in appropriate
circumstances; (e.g., in order to protect individual safety or to conduct an adequate
investigation). The District will not tolerate retaliation against any employee who in good
faith reports workplace violence.
MGSD Teacher Handbook
Page 31
3.30
Legal Custodian of Records
The Board has designated the following individual(s) as legal custodian(s) of records for the district:
Superintendent and Board Clerk. The legal custodian is responsible for the maintenance of all district
records under his/her charge and is vested with full legal power to render decisions and carry out the
duties of school authorities under the public records and property law.
Refer to Board Policy 823 Procedures for Access to Public Records.
SECTION 4.
EMPLOYEE GRIEVANCE POLICY AND PROCEDURE
This Employee Grievance Policy and Procedure is intended to apply to all school district employees,
except as otherwise noted. Employees with a complaint related to employee discipline, employee
termination, nonrenewal for performance, or workplace safety shall follow the procedures and timelines
as described in this section. Section 4 replicates Board Policy 525 Employee Grievance Policy and
Procedure. See also Section 3.22 Personnel Records of the Handbook.
Issues that arise related to the Handbook but not covered by Section 4 – Grievance Policy and
Procedure may be brought to the attention of the immediate supervisor, followed by the
Superintendent, followed by the Employment Relations Committee ERC Recommendations of the
ERC shall be advisory only. Refer to Policy 526 and Appendix B.
4.01
Definitions
A.
Grievant: A grievant is an employee whose own substantial interests related to termination,
nonrenewal for performance, discipline, or workplace safety are adversely affected, denied, or
controverted by a final administrative decision. A final administrative decision is one made by
an administrator or the Board. In the cases of an employee with a definite term contract, a
“final administrative decision” is defined to include, but not be limited to, a Board approved
termination based on an informal hearing (See General Considerations, Paragraph F., below).
In the case of a teacher or administrator nonrenewal, a “final administrative decision” is
defined to include a Board approved nonrenewal following the procedures set forth in Wis.
Stat. §§ 118.22 or 118.24.
B.
Grievance: A grievance is a formal written complaint by an employee that a final
administrative decision related to termination, nonrenewal for performance, discipline, or
workplace safety violated, misapplied, or misinterpreted a local Board policy, administrative
regulation or procedure, or specified federal or State law or rule, or in the case of an
employee with a written employment contract, the terms of such written employment
contract.
1.
Employee Termination: The term “employee termination” shall be narrowly
construed to mean a separation from employment initiated by the employer,
(including, for purposes of an employee with a definite term contract, a separation
from employment initiated by the employer which is effective during the term of the
contract), but shall not include, without limitation by enumeration, the following:
A.
Layoffs;
B.
Workforce reduction activities;
C.
Voluntary termination including, without limitation, quitting
and resignation;
D.
Job abandonment;
E.
End of employment due to disability;
MGSD Teacher Handbook
Page 32
F.
G.
H.
I.
Retirement;
Death
End of employment and/or completion of assignment of limited-term,
temporary, seasonal, substitute, or part-time employees.
Nonrenewal of a probationary teacher
2.
Nonrenewal of a post-probationary teacher for performance: Nonrenewal of a postprobationary teacher occurs when a teacher is not offered a contract for the ensuing
school year due to unsatisfactory job performance. Nonrenewal of a post-probationary
teacher is outlined in Section 20 of this Handbook and is also subject to the provisions
of Phases II and III of the Monona Grove Professional Development and Assessment
Manual and provisions of section 118.22, Wis. Stats.
3.
Employee Discipline: The term “employee discipline” shall be narrowly construed
to mean a suspension without pay, or a demotion or reduction in rank, pay, or other
benefits, imposed by the employer for disciplinary reasons, but shall not include,
without limitation by enumeration, the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
4.
Termination, nonrenewal of teacher contracts under Wis. Stat.
§ 118.22, nonrenewal of administrator contracts under Wis. Stat.
§ 118.24, layoffs or workforce reduction activities;
Adverse employment actions other than a suspension without pay, or
a demotion or reduction in rank, pay or other benefits, imposed upon
the employee for disciplinary reasons;
Lateral transfers or reassignments;
Plans of correction or performance improvement;
Performance evaluations or reviews;
Documentation of employee acts and/or omissions in an employment file;
Oral or written reprimands or warnings;
Administrative suspension with pay pending investigation of misconduct or
nonperformance; or
Non-disciplinary wage, benefit, or salary adjustments, or reductions in
assigned hours.
Workplace safety: The term “workplace safety” shall be narrowly construed to refer
to (1) an existing condition that substantially endangers an employee’s health and
safety; or (2) any workplace policy or procedure established by state or federal law or
the Board to protect the safety and health of employees in the school district and, as
used in this section, is alleged by an employee to have been violated and to have
substantially adversely affected the employee’s safety at a District workplace.
C. Days: “Days” mean calendar days.
Informal Resolution of Discipline and Workplace Safety
Employee termination decisions and contract nonrenewal decisions are not subject to the informal
resolution process.
The informal process is available for employee discipline, or workplace safety, and is an optional
process.
MGSD Teacher Handbook
Page 33
PLEASE NOTE: The informal grievance process runs concurrently with the twenty-one (21) day
time limit for filing a formal written grievance.
An employee with a complaint related to employee discipline or workplace safety should first seek to
resolve the issue(s) with his/her immediate supervisor through informal discussion.
Informal resolution of discipline complaints should be initiated as soon as possible after an employee
has been notified of the discipline.
An employee complaint about a workplace safety issue should be raised informally or through the
grievance process as soon as the safety issue is identified at any time while the safety issue persists.
If the informal discussion does not resolve the employee discipline or workplace safety complaint and
the employee is dissatisfied with the response of his/her immediate supervisor, the employee may seek
informal resolution by the Superintendent or his/her designee. This step within the informal resolution
process is optional.
If the complaint regarding employee discipline or workplace safety involves the employee’s supervisor,
the employee may seek to resolve the complaint directly with the Superintendent. If the complaint
regarding employee discipline or workplace safety involves the Superintendent, the employee may seek
to resolve the complaint directly with the Board President who shall appoint an impartial hearing officer
as outlined in 4.05 Level Three.
4.02
Time Limits for the Grievance Process
If the informal resolution process has not been used or does not resolve the complaint, and the
employee believes that his/her complaint rises to the level of a grievance, as defined above, the
employee may initiate a formal grievance pursuant to the procedures described herein. (The grievance
form is located in Appendix B of this handbook).
A grievance involving employee termination, discipline, or nonrenewal for performance shall be filed
no later than twenty-one (21) days after the employee receives notice of the discipline, termination or
nonrenewal of a contract pursuant to Wis. Stat. §§ 118.22 or 118.24. A grievance involving workplace
safety shall be filed no later than twenty-one (21) days after the employee first attempts to resolve
his/her workplace safety concerns through the informal resolution process.
In order to process grievances as expeditiously as possible, every effort should be made to handle each
step within the specified time period. If the school district official fails to comply with the time periods
or other procedures outlined in this policy, the grievant may advance the grievance to the next level.
There shall be no other consequences or remedies for failure of the school district to meet the time
periods outlined in this policy. If the grievant fails to comply with the time periods or other procedures
outlined in this policy, the grievant waives any further rights of appeal and the grievance will be
deemed resolved. However, with the exception of the time period for filing the written grievance,
either party may request an extension of any time period provided in this policy, including the informal
resolution process. Such extensions shall be by mutual written agreement.
If no grievance is filed, the decision of the administration shall be considered final. The grievance may
be voluntarily withdrawn at any level. Once a grievance is withdrawn, it cannot be reopened. A former
employee or an employee who separates from employment during the course of the grievance may not
MGSD Teacher Handbook
Page 34
file or continue a grievance without the written consent of the Superintendent or designee. If at any
time during the grievance process the school district grants the grievant the relief originally requested,
the Superintendent or designee may terminate the grievance at that time.
General Considerations
A. Access to Information: Facts presented and/or examined at the Level One, Level Two, and
Level Three hearings shall be made available to both parties. (See also Section 3.22 of this
Handbook regarding employee access to personnel records).
B. Confidentiality: All parties shall respect the confidentiality of the grievance procedure by
holding in confidence the facts and information shared in meetings and written
correspondence, to the extent authorized by law.
C. Representation: Any party involved may have a representative present during the optional
informal process and at all levels once the grievance has been filed in writing.
D. Impartial Hearing Officer: The Board shall adopt, prior to the beginning of each school
year, or as the need arises, a resolution authorizing an Impartial Hearing Officer appointed by
the Board to hold a grievance hearing and make a decision regarding the grievance. The
Impartial Hearing Officer shall not be an officer, agent or employee of the Board at the time of
appointment. The Board may approve three lists of Impartial Hearing Officers, prior to the
beginning of each school year (or as the need arises), to be called upon under this procedure.
One list will be used for grievances filed by teachers, one list will be used for grievances filed
by administrators, and the other list will be used for grievances filed by support staff members.
The lists of Impartial Hearing Officers shall be created using the following process:
1. The Board of Education, the Monona Grove Education Association, Monona
Grove Administrators, and AFSCME may each submit up to three (3) names of
Impartial Hearing Officers to form a pool for their respective group.
2. The Board of Education may strike one name from each group’s respective pool.
Each of the three organizations listed in number 1 may also strike one of the Board
of Education’s names from their respective pool.
3. The remaining names shall constitute the list of Impartial Hearing Officers and
shall be submitted to the Board of Education for Approval.
4. A random selection computer application will generate a random ordered list of
all of the Impartial Hearing Officers in each pool. A new random list shall be
generated using the same names selected in steps 1 through, above for each
individual grievance.
5. The Board President will appoint the Impartial Hearing Officer beginning with
the first Hearing Officer named on the appropriate list. If the first Hearing
Officer listed is not available during the timelines outlined in Section 4.05
Levels: Level Three (Appeal to Impartial Hearing Officer), the Board President
will proceed in order through the remaining names on the list until the Impartial
Hearing Officer is appointed.
MGSD Teacher Handbook
Page 35
E. Standard of Review: The standard of review to be applied by the Impartial Hearing Officer
of a final administrative decision giving rise to a grievance shall be based on the following,
unless an alternative is provided in applicable policy, law, contract or collective bargaining
agreement:
F.
1.
Termination and Discipline: The review of a final administrative decision to
terminate or discipline an employee with a definite term contract or a “cause”
standard shall be upheld if it is based on a good and sufficient reason, which shall
be any reason that is not wholly frivolous and inconsequential and that has a
reasonable basis in fact.
2.
Nonrenewal for Performance of a Post-Probationary Teacher: The review of a final
administrative decision to non-renew a contract of a post-probationary teacher shall
require deference to the final administrative decision, and the decision shall be
upheld so long as the process described in the Professional Development and
Assessment Manual was followed and the decision was not made on the basis of any
illegal reason.
3.
Nonrenewal of employees other than Post-Probationary Teachers: The review of a
final administrative decision to non-renew a contract, other than a post-probationary
teacher contract, (regardless of whether pursuant to a statutory procedure) or to
terminate or discipline an employee without a definite term contract or a “cause”
standard shall require deference to the final administrative decision. The decision
shall be upheld if it is made on any basis other than a basis which is “arbitrary and
capricious,” which shall be defined as an action which is either so unreasonable as to
be without rational basis or the result of unconsidered, willful, or irrational choice.
4.
Workplace Safety: The review of a final administrative decision concerning a
workplace safety grievance shall require deference to the final administrative
decision and the decision shall be upheld if it is made on any basis other than a
basis which is “arbitrary and capricious,” which shall be defined as an action which
is either so unreasonable as to be without rational basis or the result of
unconsidered, willful, or irrational choice.
Termination of an Employee with a Contract for a Definite Term1: The required
procedure for terminating an employee where there is an expectation of continued
employment because of a contract for a definite term, a “cause” standard or another basis in
law or fact, is as follows:
1.
The Superintendent or his/her designee (or in the case of the termination of the
Superintendent, an individual designated by the Board President) shall notify the
employee, in writing, that he/she intends to recommend that the Board terminate the
employee at the next regularly scheduled Board meeting or a Special Board meeting
within forty-five (45) days of the date of the written notice.
1
This procedure shall also apply to the nonrenewal of an employee’s contract where Wis. Stat.
§§ 118.22 and 118.24 do not apply, but where there is an expectation of continued employment
because of the terms of the contract or another basis in law or fact.
MGSD Teacher Handbook
Page 36
G
4.03
2.
At the Board meeting to hear the termination recommendation, the Board shall hold an
informal hearing, which means that the Superintendent or his/her designee (or in the
case of the termination of the Superintendent, an individual designated by the Board
President) will present a summary of the evidence and argument in support of the
recommendation for termination, to be followed by an opportunity for the employee
and his/her representative to present a summary of any evidence and argument in
response. An informal hearing, for purposes of this Grievance Policy and Procedure, is
not a full-blown evidentiary hearing, i.e., there shall be no swearing of witnesses and
no direct or cross examination of witnesses; and the rules of evidence do not apply.
3.
The Board shall issue its decision, in writing, within fourteen (14) days of the informal
hearing. If the Board accepts the recommendation to terminate the employee, the
Board shall inform the employee, in writing, that the Board has terminated the
employee’s contract/employment and that, if the employee wishes to appeal the
termination decision, the employee shall file an appeal at Level Two by filing a
completed grievance form with the Board President within twenty-one (21) days of
receiving written notice of termination. If no appeal is filed, the Board’s decision shall
become final.
Nonrenewal for Performance of a Teacher or Administrator Contract. The procedures
for nonrenewal of a teacher or administrator contract set forth in Wis. Stat. §§ 118.22 and
118.24, respectively, shall be applicable. If the Board non-renews the contract of a postprobationary teacher or administrator for performance under the District’s evaluation
procedure, pursuant to Wis. Stat. §§118.22 or 118.24, and the post-probationary teacher or
administrator wishes to appeal the nonrenewal decision, the post-probationary teacher or
administrator shall file an appeal at Level Two of this Grievance Policy and Procedure by
filing a grievance form with the Board President within twenty-one (21) days of receiving
final, written notice of nonrenewal from the Board. If no appeal is filed, the Board’s
decision shall be final.
Levels
Level One (file written grievance with immediate supervisor)
A.
The grievant may initiate a formal grievance by obtaining a grievance form from
Appendix B, his/her immediate supervisor or designee, or from the District Office,
filling out the form, filing it with his/her immediate supervisor, and sending a copy to
the Superintendent.
B.
On the form, the grievant shall (1) identify the category of grievance (i.e., termination
of an employee without a contract with a definite term, discipline, workplace safety,
or nonrenewal for performance), (2) describe the attempts to resolve the complaint
informally (if applicable), (3) identify the facts supporting the grievance, (4) specify
the policy, rule, regulation, or law alleged to have been violated, and (5) describe the
relief requested. In order to be considered, a grievance shall be filed, in writing, using
the appropriate form.
The immediate supervisor or his/her designee shall respond to the grievance in writing
within fourteen (14) days of the filing of the grievance. If the immediate supervisor or
his/her designee denies the grievance, he/she shall inform the grievant who shall have
fourteen (14) days to appeal the denial by filing a letter of appeal with the
Superintendent, initiating Level Two.
MGSD Teacher Handbook
Page 37
Level Two (appeal to Superintendent)
Within fourteen (14) days after receipt of a letter of appeal from the grievant, the Superintendent or
his/her designee shall respond to the grievant in writing. If the Superintendent or his/her designee
denies the grievance, he/she shall inform the grievant who shall have fourteen (14) days to appeal
the denial to the Board by filing a letter of appeal with the Board President, initiating Level Three.
Level Three (appeal to Impartial Hearing Officer)
A.
Within fourteen (14) days after receipt of an appeal from a grievant, the Board
President shall appoint an Impartial Hearing Officer as authorized by resolution of the
school board. The Impartial Hearing Officer shall do the following:
1.
Screen the grievance and determine whether it falls within one of the categories
subject to the grievance procedure, and whether it has been timely filed.
2.
Notify the parties of the time and location for the hearing at least fourteen (14)
days before the hearing.
3.
Subpoena documents and witnesses, as necessary to ensure their testimony,
when requested by either party.
4.
Make evidentiary findings and conclusions. In the case of a grievance related to
a termination, a post-probationary teacher contract nonrenewal under Wis. Stat. §
118.22, an administrator contract nonrenewal under Wis. Stat. § 118.24, or
discipline, the Impartial Hearing Officer shall determine whether a fullevidentiary hearing is needed to afford the employee the requisite due process,
and, if so, shall allow the grievant to have representation, to present evidence, call
and question witnesses, cross-examine adverse witnesses, obtain copies of
evidentiary materials and argue his or her case. The rules of evidence shall not
apply at any hearing, but the Impartial Hearing Officer may exclude or limit
irrelevant, repetitive, or redundant evidence or any evidence lacking probative
value. The Impartial Hearing Officer, in the conduct of the proceeding, shall be
mindful of the desire for a speedy and inexpensive resolution of any appeal
brought before him/her.
5.
If the grievance is meritorious, in whole or in part, determine what relief is
necessary to provide recompense to the grievant in a grievance that involves
termination, contract nonrenewal under Wis. Stat. §§ 118.22 or 118.24, or
discipline, and in a grievance filed over workplace safety, determine what
action is necessary to correct the hazardous condition, provided, however, that
the Impartial Hearing Officer may not award attorneys fees or litigation
expenses against the District at any time.
6.
The Impartial Hearing Officer shall expressly confine himself/herself to
consideration of the precise issue(s) submitted on the grievance form and letter
of appeal, if applicable, shall apply the applicable standard of review, and shall
have no authority to determine any other issue not so submitted or to submit
observations or declarations of opinion which are not directly essential in
reaching the determination.
MGSD Teacher Handbook
Page 38
7.
The Impartial Hearing Officer will be without authority to make any decision
which requires the commission of an act prohibited by law.
B.
The hearing shall be recorded and the grievant shall be given the opportunity to have
the hearing conducted in open session, subject to such other legal requirements relating
to confidentiality or privacy, which may apply to the subject matter of the hearing, e.g.
pupil confidentiality. The Impartial Hearing Officer shall consider whether to engage a
court reporter in lieu of recording the hearing.
C.
The Impartial Hearing Officer shall issue a written decision no more than thirty (30)
days after the hearing is concluded, unless the Impartial Hearing Officer notifies the
parties that more time is needed and the reasons therefore. The need for post-hearing
briefs, as determined by the Impartial Hearing Officer, shall be sufficient reason to
extend the deadline.
D.
The Impartial Hearing Officer shall inform the parties that an appeal of his/her decision
may be taken to the Board if filed within fourteen (14) days of the receipt of the
decision of the Impartial Hearing Officer, after which the decision of the Impartial
Hearing Officer shall become final. Such an appeal initiates Level Four.
Level Four (appeal to Board of Education)
A.
If either party is aggrieved by the decision rendered by the Impartial Hearing Officer,
either party has the right to file a written appeal with the Board within fourteen (14)
days of receiving the Impartial Hearing Officer’s decision, after which the decision of
the Impartial Hearing Officer shall become final.
B.
Except for grievances involving an employee termination (regardless of whether the
employee has a contract for a definite term) or teacher or administrator contract
nonrenewal under Wis. Stat. §§ 118.22 or 118.24, the Board may, at its sole discretion,
assign an appeal panel of at least three members of the Board, for the purpose of
considering appeals under the grievance procedure.
C.
The Board or appeal panel shall make every reasonable effort to meet, consider and
decide the appeal within sixty (60) days after receipt of the appeal.
D.
The Board President shall give fourteen (14) days notice to the parties of an
appeal hearing before the Board or appeal panel, if such a hearing is necessary.
E.
The Board or appeal panel shall review the grievance on the record established by the
Impartial Hearing Officer unless it determines that additional information is needed.
Each party may make a brief oral presentation to the Board or appeal panel to
summarize his/her position. The appeal hearing shall be recorded and shall be held in
closed session, unless the parties are allowed to present additional information, in
which case the grievant shall be given the opportunity to have the evidentiary portion
of the appeal hearing conducted in open session, subject to such other legal
requirements relating to confidentiality or privacy, which may apply to the subject
matter of the hearing, e.g. pupil confidentiality.
F.
The Board or appeal panel may affirm, reverse, or modify the decision of the Impartial
Hearing Officer. The Impartial Hearing Officer’s decision will be reversed or
MGSD Teacher Handbook
Page 39
modified if the decision was:
4.04
1.
In violation of constitutional provisions;
2.
In excess of the statutory authority or jurisdiction of the school district;
3.
Made upon unlawful procedure or in contravention of this Grievance
Policy and Procedure;
4.
Affected by other error of law;
5.
Based upon improper application or interpretation of Board policy;
6.
Unsupported by substantial evidence in view of the entire record as
submitted (as used in this policy, substantial evidence means such
relevant evidence as a reasonable mind would accept as adequate to
support a conclusion), or otherwise erroneous;
7.
8.
Arbitrary or capricious;
Affected by the inappropriate application of the standard of review
by the Impartial Hearing Officer; or
9.
In contravention of public policy considerations.
G.
Procedural errors, which do not have a substantial effect on the rights of the
parties, shall not be grounds for reversal of any decision.
H.
The decision of the Board or appeal panel shall be final. The Board or appeal panel
shall make every effort to send to the grievant and the Superintendent a written
statement of its decision within a reasonable time after hearing the appeal.
Retaliation
No reprisals of any kind shall be taken by the Board or by an employee of the District against any party
in interest or other employee on account of his/her filing a grievance or participating in a filed grievance.
4.05
Request for Reconsideration of School Board Decision
This policy establishes a procedure for employees to grieve certain decisions of school officials. The
policy does not grant employees the right to appeal decisions of the Board itself, other than a termination
or contract non-renewal decision by the Board. Nonetheless, an employee may file, in writing to the
Board President, a request that the Board reconsider one of its own decisions. The request shall be filed
within fourteen (14) days of the Board’s decision and shall state the reasons why the Board should
reconsider its decision. The Board may exercise its discretion whether to grant the requested
reconsideration.
Judicial review of a Board or appeal panel decision made at Level Four of this policy, if any, shall be as
prescribed by law.
MGSD Teacher Handbook
Page 40
4.06
Consolidation of Grievances
Grievances of the same type, and with similar fact situations, may be consolidated at the discretion of the
Superintendent and the grievant(s).
4.07
Group Grievances
Group grievances involve more than one employee and any of the following:
A. More than one work site;
B. More than one supervisor; or
C. An administrator other than the immediate supervisor
Such grievances may be initially filed at Level Three; however, they shall follow the initial timeline for
filing the grievance at Level One (21 days).
SECTION 5.
5.01
PAY PERIODS
Annualized Payroll Cycle
1. Annualized Payroll: Teachers may voluntarily request to be paid on a twelve (12)
month payroll cycle (26 pay periods) as set forth in subsection 2, below. Such request
shall be made in writing and submitted to the business office by July 1. This election
may be provided at the same time as the issuance of the individual contract or letter of
intent. Teachers covered under this provision shall have their wages annualized based
upon the number of hours worked per day, annual number of days worked, current
wage/salary rate, and number of payrolls in accordance with the District-approved
format.
2. School Year Payroll: Teachers who do not voluntarily request to be paid on a twelve
(12) month payroll cycle, the payroll cycle shall be on a ten-(10-) month basis and shall
be placed on a twenty-two (22) payroll cycle.
5.02
Payroll Dates
Payroll will be paid on Friday on a biweekly basis. A payroll schedule will be posted on the Business
Services section of the District Website. If a payroll falls on a federal bank holiday, the payroll will be
deposited on the previous business day.
5.03
Direct Deposit Payment Method
All teachers shall participate in a direct payroll deposit plan. Direct deposit notification will be emailed
to the teacher’s District email account on each payday. Direct deposit changes may be made after giving
thirty (30) calendar days notice in writing. Each teacher shall, with each electronic payroll deposit slip,
receive information on the teacher’s salary received. In addition to the above, each teacher shall have
access to electronic records indicating the number of accumulated sick leave hours, the number of
personal hours, and the sick and personal hours remaining to the teacher's credit.
5.04
Salary Deferrals –Tax Sheltered Annuities (TSA)
A. The District will maintain a TSA program without regard to the teacher’s current or former
teacher’s contribution amounts. Teachers shall have the opportunity to participate in the
District’s Internal Revenue Service (IRS) Code 403(b) Savings Program and invest their
money through salary deferral in annuities and other qualifying IRS Code 403(b)(7)
MGSD Teacher Handbook
Page 41
investment vehicles (collectively referred to as an “Investment Vehicle”).
B. Teachers, upon their written request, may participate in the District’s 403(b) savings
program. The Board shall deduct the authorized amount from each participant's bi-weekly
payroll and shall forward such amount directly to the Company or agent thereof involved.
(When there is a third pay period in any month, deductions shall not be made for such third
pay period). The following rules shall govern said annuity programs:
C. No deductions will be made with respect to the deferred annuity program of a particular
company until such company has obtained applications and signed salary deduction
authorizations from a minimum of three (3) prospective policyholders and until such
deferred annuity program has been approved in writing by the Internal Revenue Service and
the Wisconsin Department of Revenue, except that those teachers transferring into the
District who have enrolled in a tax sheltered program in another school system shall be
permitted to continue said program if said program has been approved by the Internal
Revenue Service and the Wisconsin Department of Revenue and bargaining unit teachers
may thereafter participate in such tax deferred annuity program regardless of the number of
teachers otherwise participating in such programs. In addition to the above requirements,
effective with the adoption of the IRS required District plan, no deductions will be made
respect to the deferred annuity program of a particular company (including companies
associated with teachers transferring to the District) unless said company has reached
agreement with the Board regarding the implementation of regulations issued by the Internal
Revenue Service on July 26, 2007.
D. A vendor becomes a District-approved vendor by meeting the requirements set forth by the
District which include, but are not limited to, the vendor signing a District-approved Hold
Harmless Agreement. If at any time there are no active teachers contributing to a particular
vendor, that vendor shall be removed from the District-approved vendor list.
E. Authorizations to permit initial participation in an approved 403(b) savings program or to
modify the amount of the salary deduction payable to an approved annuity program shall be
made on a form to be provided by the Board.
F. The individual teacher employee shall be responsible for computing a legally allowable
maximum deposit.
G. The salary reduction agreement available through the District’s Website at
http://www.spokeskids.com/photos/f2ae6a6e.pdf.
SECTION 6.
6.01
COMPENSATION AND EXPENSE REIMBURSEMENT
Mileage Reimbursement
The District shall reimburse teachers an amount equal to the Internal Revenue Service (IRS)
business travel rate per mile to each teacher required by the District to drive his or her personal
vehicle during the course of performing duties for the District. Forms to be used to report
mileage shall be available in the District Office and on the District Website.
MGSD Teacher Handbook
Page 42
SECTION 7.
7.01
WORKER’S COMPENSATION
Worker's Compensation Coverage and Reporting Responsibilities
All employees shall be covered by Worker's Compensation Insurance. Any employee who is
injured on the job shall report the injury to the personnel office prior to seeking medical
attention if at all possible. In the event of an emergency, the employee shall notify his/her
immediate supervisor within twenty-four (24) hours after the occurrence of the injury or as soon
as practicable. The employee shall fill out an accident report form found at Board Policy 723.1
Accident Reports.
7.02
Benefits While on Worker's Compensation
If any teacher is injured while performing duties for the District, the District shall continue to
provide worker's compensation insurance, and the teacher will be compensated in the following
manner:
A. Up to day sixty (60) of Worker’s Compensation Leave: The teacher will be paid income
equivalent to the income the teacher would have earned had the teacher not been injured.
This income will be generated by combining worker's compensation insurance with prorated
accumulated sick leave as necessary through a deduction of one-third (1/3) of a day of sick
leave for each day while on worker's compensation. This provision will apply up until the
sixtieth (60th) consecutive day of leave or as long as the teacher has accumulated sick leave
available, whichever occurs first.
B. Day Sixty-One (61) and thereafter of Worker’s Compensation Leave: The teacher will
receive his/her worker's compensation payment. No other leaves will be applied to the
worker's compensation leave. The teacher, subject to the rules and regulations of the carrier,
may be eligible for long-term disability leave.
7.03
Injuries Not Covered by Worker’s Compensation
Some types of injuries suffered while at work may not result in payment under worker’s
compensation insurance. Examples of non-covered injuries suffered at work include, but are
not limited by enumeration to, the following:
A. Injuries because of a self-inflicted wound
B. Injuries sustained because of a teacher’s horseplay.
C. Injuries sustained while a teacher does an activity of a strictly private nature.
SECTION 8.
8.01
SICK LEAVE
Sick Leave Earned
A.
Each teacher shall be credited with eleven (11) days of paid sick leave at the beginning
of each school year. Should any teacher not complete the year’s contract, there shall be
a proration of actual days employed at the rate of one day sick leave for each eighteen
(18) days and a prorated reduction of pay for all excess sick leave granted, if any, to be
automatically deducted from any final payment due the teacher.
Sick leave days are calculated by multiplying eleven (11) days times the individual
teacher’s regularly scheduled hours. (e.g., 7.5 hours per day x 11 days). Therefore, sick
leave information accessible to teachers is reported in total Sick Leave hours rather than
in total sick leave days.
MGSD Teacher Handbook
Page 43
Part-time Teachers: Part-time teachers will receive sick leave on a pro-rated basis based
upon the number of hours they are scheduled to work.
B.
Crediting of Sick Leave: Sick leave credited at the beginning of each school year is
vested only upon completion of the work year. Any teacher terminated or resigning will
be credited only with those days earned at the time employment is severed.
In the event a teacher is out on long-term disability at the beginning of the school year,
the teacher will be credited with the full eleven (11) days of sick leave, as if he/she were
currently an active employee, teaching within the district.
8.02
Sick Leave Use
A. Sick leave shall be paid for any absence from work due to:
1. Personal illnesses, injury or serious health condition of the teacher or the teacher’s
immediate family or permanent household requiring the personal care of that member by
the teacher.
2. Medical or dental appointments for the teacher and/or child that cannot be scheduled
outside of the teacher's regularly scheduled work hours.
3. Teachers shall notify their immediate supervisor five (5) days prior to the absence or, as
soon as reasonably possible.
B. Definitions: the following definitions apply under this section:
2
Immediate Family means the spouse, domestic partner , sister, brother, children,
grandchildren, parents, or grandparents (all included) of the teacher or his/her spouse.
C. Sick Leave Increments: Sick leave may be allowed in increments of one-half (1/2) hour.
8.03
Sick Leave Accumulation
Unused Sick Leave may be accumulated from year to year up to 130 days as long as the teacher remains
in the service of the school district. The eleven days of sick leave credited at the beginning of the school
year will be in addition to the 130 day maximum accumulated days during the active school year. At the
end of the school year, maximum number of days will be reset to 130 days.
8.04
Sick Leave and Long-Term Disability
A teacher may receive long term disability payments once he/she reaches the first day of eligibility,
regardless of whether or not he/she has exhausted all sick leave.
In the event a teacher is out on long-term disability at the beginning of the school year, the teacher will
be credited with the full eleven (11) days of Sick Leave, as if he/she were currently teaching within the
District.
2
As defined in Wis. Stats. 770.01 and ETF Health Insurance affidavit.
MGSD Teacher Handbook
Page 44
8.05
Sick Leave and Short-Term Disability
Short-term disability is a voluntary benefit program offered through the District and is activated only by
teacher request. The short-term disability premium is paid 100% by the teacher. Sick leave and shortterm disability benefits may be used concurrently.
In the event a teacher is out on short-term disability at the beginning of the school year, the teacher will
not be credited with the full eleven (11) days of sick leave, as if he/she were currently teaching within
the District. When the teacher returns to work, sick leave days will be granted on a prorated basis.
8.06
Reporting Procedure and Doctor's Certificate
Each teacher will be required to inform his/her immediate supervisor as soon as possible prior to his/her
normal daily starting time of his/her need to be absent for one of the reasons stated in 9.02 above.
Whenever the supervisor deems verification appropriate, the teacher may be required to furnish the
District with a written verification of illness signed by either a licensed physician or a nurse practitioner.
When appropriate, written verification should include a statement releasing the teacher to return to work
and a statement as to whether any limitations or restrictions are placed upon the work which may be
performed. Nothing in this section shall be interpreted as limiting the District's ability to discipline or
discharge teachers for excessive absenteeism.
8.07
Holidays during Sick Leave
In the event that a paid holiday falls within a period when a teacher is on accumulated sick leave, it shall
be charged as a paid holiday and not deducted from the teacher's earned sick leave.
SECTION 9.
9.01
JURY DUTY and other JUDICIAL PROCEEDINGS
LEAVES
Jury Duty and other Judicial Proceedings
A non-accumulative paid leave for as much time as is required will be provided to a teacher to serve on a
jury or any judicial or quasi-judicial administrative tribunal as concerns employment related matters,
including arbitration or fact-finding proceedings for which he or she is summoned by the court when
such duty occurs during the teacher’s work hours. No paid leave will be provided for jury duty or any
judicial proceeding that occurs outside of the teacher’s regular work hours or work days.
All such leaves are subject to the approval of the teacher’s immediate supervisor, who may request
documentation of the dates/times of the proceedings.
9.02
Notice
A teacher must notify his or her immediate supervisor as soon as notice of jury duty or any judicial or
quasi-judicial administrative tribunal as concerns employment related matters, including arbitration or
fact-finding proceedings is received.
The teacher must notify his or her immediate supervisor immediately upon termination of jury duty,
when temporarily relieved of jury duty, or upon termination of other judicial proceedings.
A teacher is expected to return to work as soon as possible after jury duty is completed.
9.03
Payment for Time Out on Jury Duty or Other Judicial Proceedings
A. Jury Duty
A teacher who is unable to report for work because of jury duty will be paid the hours he or she
is regularly scheduled to work. The teacher shall submit a copy of the order to appear for jury
duty to the District Office as verification of attendance.
MGSD Teacher Handbook
Page 45
The teacher will not suffer any loss of benefits that would be accrued during this time (i.e. sick
leave, health insurance, etc.) or loss of any salary adjustment to which the teacher is entitled.
The time required for any teacher to serve on jury duty will not be deducted from sick leave or
personal leave the teacher has earned or will earn in the future.
B: Other Judicial Proceedings
A teacher who is unable to report for work because of any judicial or quasi-judicial
administrative tribunal as concerns employment related matters, including arbitration or factfinding proceedings will be paid the hours he or she is regularly scheduled to work. The teacher
shall submit a copy of the order to appear for legal proceedings to the District Office as
verification of attendance.
The teacher will not suffer any loss of benefits that would be accrued during this time (i.e. sick
leave, health insurance, etc.) or loss of any salary adjustment to which the teacher is entitled.
The time required for any teacher to serve at another judicial proceeding will not be deducted
from sick leave or personal leave time the teacher has earned or will earn in the future.
SECTION 10.
BEREAVEMENT LEAVE
10.01 Bereavement Leave for a Death in the Immediate Family
In the event of death in a teacher's immediate family, the teacher shall be allowed three (3) regularly
scheduled consecutive school days per occurrence.
Teachers shall request bereavement from their building principal or immediate supervisor or his/her
designee using the District’s reporting procedures as soon as reasonably possible.
At the discretion of his/her immediate supervisor, when necessary for travel, a teacher may be granted up
to two (2) additional consecutive days of bereavement leave which said teacher may charge against any
other leave entitlement.
Immediate family includes the spouse, domestic partner,3 parent, child, sibling, or grandparent of either
the teacher or his/her spouse.
10.02 Bereavement Leave for a Death of an Individual Outside of the Immediate
Family
Teachers shall be granted one (1) day with pay per occurrence to attend funerals of a niece, nephew,
aunt, uncle, and/or cousin of either the teacher or his/her spouse and other individuals residing in the
teacher’s household.
Board will advise administrators to make every reasonable effort to allow requesting teachers’ time to
attend the funeral of a fellow teacher in the Monona Grove system.
10.03 Additional Bereavement Leave
In extenuating circumstances, whether the request falls under Section 11.01 or 11.02, additional
bereavement leave days may be granted by the Superintendent or his/her designee. Paid leave for
3
As defined in Wis. Stats. 770.01 and ETF Health Insurance affidavit
MGSD Teacher Handbook
Page 46
additional bereavement days shall be deducted from another leave entitlement. Unpaid leave may be
granted at the discretion of the Superintendent.
10.04 Bereavement Leave Increments
Bereavement leave may be allowed in increments of one (1) hour.
SECTION 11.
PERSONAL BUSINESS AND EMERGENCY LEAVE
11.01 Reasons for Personal Business and Emergency Leave
Personal business and Emergency leave shall be taken for only compelling personal reasons which
demonstrates that a teacher may not accomplish the purpose of the leave at any other time, including a
Non-Health-Related Emergency Leave.
A teacher must use personal leave for a non-health related home emergency.
The teacher must request leave through the District’s reporting procedures and include a general
statement of the reason for the request.
11.02 Personal Business and Emergency Leave Days Provided
A.
B.
C.
Teachers are eligible for three (3) non-cumulative personal business leave and/or
emergency leave days, with pay, per school year. A teacher using the third day of
personal business or emergency leave shall pay the district one half the cost of his/her
substitute for that day.
A “day” of personal business and/or emergency leave is defined the same as a “day” of
sick leave and may be used in the same increments as sick leave.
Additional emergency leave may be granted at the discretion of the Superintendent.
Such additional leave is not subject to compensation.
11.03 Personal Leave Day Restrictions
A.
B.
C.
Personal leave shall not be taken for reasons of recreation, union business, to seek
employment elsewhere, and on days immediately before or after holidays or vacation
periods.
Notwithstanding the preceding sentence, nothing in this section shall preclude the
Superintendent or his/her designee from approving personal leave on days immediately
before or after holidays or vacation periods on a case-by-case basis.
Unauthorized and inappropriate use of personal business leave may result in disciplinary
action.
11.04 Notification and Approval of Personal Leave and the Total Number of
Teachers on Personal Leave
A.
Notification: Except in the case of an emergency that prevents timely notice, teachers
must notify their building principal or other immediate supervisor at least two (2) days
before such leave. In the case of an emergency the Superintendent may request
documentation.
B.
Approval: The building principal or his/her designee will approve or disapprove all
requests.
C.
Total Number of Teachers: No more than the following number of teachers from each
indicated building/location may be on personal leave on any given day:
MGSD Teacher Handbook
Page 47
A.
B.
C
D.
E.
Winnequah School
Taylor Prairie School
Cottage Grove School
Glacial Drumlin School
Monona Grove High School
3 teachers
3 teachers
3 teachers
4 teachers
4 teachers
11.05 Part-time Teachers
Part-time teachers will receive personal leave on a pro-rated basis based upon the number of hours they
are scheduled to work. The pro-rated amount shall be based on the assumption that a full-time teacher
works 1,425 hours per year.
11.06 Personal Leave Increments
Personal leave may be allowed in increments of one (1) hour.
SECTION 12.
UNIFORMED SERVICES LEAVE
12.01 Uniformed Services Leave of Absence
Teachers performing duty, whether on a voluntary or involuntary basis, in a uniformed service shall be
granted a leave of absence without pay in accordance with the provisions of federal law, state law, and
this Handbook. Refer to Board Policy 532.12 Encampment Leaves.
The “uniformed services” consist of the following [20 CFR § 1002.5(o)]:
A. Army, Navy, Marine Corps, Air Force and Coast Guard
B. Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard
Reserve
C. Army National Guard and Air National Guard
D. Commissioned Corps of the Public Health Service
E. Any other category of persons designated by the President in time of war or emergency
12.02 Length of Service during Uniformed Services Leave
Teachers shall continue to accrue length of service for wage/salary increments, if applicable, and all
other purposes where length of service is a factor. The teacher’s absence shall not be construed as a
break in service for any purpose.
Reemployment rights extend to persons who have been absent from a position of employment because of
“service in the uniformed services.” “Service in the uniformed services” means the performance of duty
on a voluntary or involuntary basis in a uniformed service, including:
A. Active duty and active duty for training
B. Initial active duty for training
C. Inactive duty training
D. Full-time National Guard duty
E. Absence from work for an examination to determine a person’s fitness for any of the above
types of duty
F. Funeral honors duty performed by National Guard or Reserve members
G. Duty performed by intermittent employees of the National Disaster Medical System (NDMS),
which is part of the Department of Health and Human Services, when activated for a public
health emergency, and approved training to prepare for such service (added by Pub. L. 107-188,
June 2002). See 42 U.S.C. § 300hh-11(d).
MGSD Teacher Handbook
Page 48
12.03 Request for Uniformed Services Leave
When time permits, the request for a reserve military leave should be as far in advance as possible so the
District can adequately plan for the absence. Whenever possible, the request should be accompanied by
a copy of the reservist's military orders. The request shall be submitted to the Superintendent or his/her
designee.
12.04 Calculation of Payment for Members of the Military
Teachers, performing duty, whether on a voluntary or involuntary basis, in a uniformed service shall be
allowed the difference between their regular basic pay and the pay they receive from the government.
Evidence of payment from the government must be presented to the District office so proper
computation can be made for district payment for the pay period covered by the leave.
SECTION 13.
FAMILY AND MEDICAL LEAVE (FMLA)
13.01 Definition
A leave of absence for Family and Medical leave is approved time off from the job, without a break in
employment, for any of the following reasons:
1. The serious health condition of the employee or the employee’s child, spouse or parent.
2. The birth or placement for adoption or foster care of a child.
3. Qualifying exigency arising out of active duty or call to active duty of the employee’s spouse,
son, daughter or parent.
4. Care for a covered service member with a serious illness or injury.
13.02 Eligibility
To be eligible for leave under the Wisconsin FMLA (WFMLA), an employee must be employed by the
District for 52 consecutive weeks and have worked 1,000 hours during the previous 52 weeks prior to
the date when the leave commences.
To be eligible for leave under the federal FMLA, an employee must have been employed by the District
for at least 12 months and have worked 1,250 hours during the 12-month period immediately before the
date when the leave commences.
13.03 Duration of Family and Medical Leave
It is the policy of the Monona Grove School District to grant up to 12 weeks of family and medical leave
during any calendar year period to eligible employees, in accordance with the requirements of the
Wisconsin and Federal Family and Medical Leave Acts (FMLA).
In addition the Monona Grove School District will grant up to 26 weeks of leave during a single 12month period of federal FMLA leave for service member family leave to an eligible employee who is the
spouse, son, daughter, parent, or next of kin of a covered service member who suffers from a serious
injury or illness while on active duty.
The WFMLA restricts the amount of leave an employee may take for each event as follows:
• Two weeks for an employee’s own serious health condition;
• Six weeks for the birth or adoption of a child; and
MGSD Teacher Handbook
Page 49
•
Two weeks to care for an employee’s parent, parent-in-law, spouse or child who has a serious
health condition.
13.04 Notice to the District
In the event an employee requests FMLA leave, the employee is expected to provide notice to the
District at least 30 days in advance when the need for leave is foreseeable. When this is not possible,
notice should be provided to the District as soon as practicable. For foreseeable leave due to a qualifying
exigency, notice must be provided as soon as practicable regardless of how far in advance such leave is
foreseeable. In cases of emergency, verbal notice should be given as soon as possible (by the
employee’s representative if the employee is incapacitated), and the Absence Request Form should be
completed as soon as practicable. Failure to provide adequate notice if the leave was foreseeable may
result in a delay of the leave. Leave of Absence Request Forms can be obtained from the District Office.
Calling in “sick” does not qualify as notifying the District that the employee needs FMLA leave. An
employee must provide sufficient information regarding the reason for an absence for the District to
know that protection may exist under this policy. Failure to provide this information as requested may
result in the employee forfeiting all rights under the policy. This means the absence may be counted
against the employee for purposes of discipline for attendance, etc.
13.05 Notice to the Employee
The District shall provide written notice to the employee with regard to (1) the employee’s eligibility for
FMLA leave, (2) the designation of the leave as FMLA-qualifying and (3) the employee’s rights and
responsibility under the FMLA.
13.06 Leave Extension
A leave extension, for greater than the leave granted through FMLA, may be submitted to the
employee’s supervisor or department head for initial approval. The application will then be submitted to
the Superintendent for final approval, to be approved at the sole discretion of the Superintendent and
then as deemed appropriate, routed to the District Office for processing.
Consideration for extension may be made on the basis of family circumstances, staffing needs, class
climate, minimizing class disruption or other factors as the Superintendent deems appropriate.
13.07 Benefit Continuance and Accrual during FMLA Leave of Absence
Length of service and other benefits do not accrue during FMLA leave. Personal days and sick days do
not accrue during an FMLA leave of absence.
Medical health insurance benefits will be continued during an FMLA leave of absence. The District will
continue to pay the District required portion and the employee will continue to pay the designated
employee contribution.
Dental insurance, life insurance and short term disability may be continued during an FMLA leave of
absence as long as the employee pays the cost of the premiums for these benefits.
The District Office will contact the employees on an FMLA leave of absence to give them the
opportunity to suspend or continue those benefits to which they are eligible during the leave.
Payment arrangements will be discussed with individuals upon their request for leave.
MGSD Teacher Handbook
Page 50
13.08 Types of Qualifying Family and Medical Leave
A. Birth or Placement for Adoption or Foster Care
Family leave will be available to eligible employees for the birth of a child or for placement of a
child with the employee for purposes of adoption or foster care. Leave under the federal FMLA
must be completed within 12 months of the birth or placement. Leave under the Wisconsin
FMLA must commence within 16 weeks of the birth or placement.
B. Serious Health Condition of Employee
An eligible employee who experiences a serious health condition as defined by the Wisconsin
and/or federal law may take medical leave under this policy. A serious health condition will
generally occur when the employee:
• Receives inpatient care in a hospital, hospice or nursing home;
• Suffers a period of incapacity accompanied by continuing outpatient
treatment/care by a
health-care provider; or
• Has a history of a chronic condition which may cause episodes of disability.
C. Serious Health Condition of Immediate Family Member
An eligible employee may take family leave under this policy in order to care for a son,
daughter, spouse or parent with a serious health condition (see above section for definition). The
Wisconsin FMLA also covers the serious health condition of an employee’s domestic partner or
parent-in-law.
D. Qualifying Exigency for Military Family Leave
An eligible employee may take family leave under this policy while the employee’s spouse, son,
daughter, or parent (the “covered military member”) is on active duty or call to active duty status
for any qualifying exigency under federal law. Active duty or call to active duty status refers to a
member of the National Guard or Reserves who is under a call or order to active duty (or has
been notified of an impending call or order to active duty) in support of a contingency operation.
Exigency leave does not extend to family members of service members in the Regular Armed
Forces
Qualifying exigency leave may be taken for any qualifying exigency arising out of the fact that a
covered military member is on active duty or call to active duty status. Federal regulations
include a broad list of activities that are considered qualifying exigencies and will permit eligible
employees who are family members of a covered military member to take FMLA leave to
address the most common issues that arise when a covered military member is deployed.
Qualifying exigencies include:
• Issues arising from a covered military member’s short notice deployment (i.e.,
deployment on seven or less days of notice) for a period of seven days from the date of
notification;
• Military events and related activities, such as official ceremonies, programs, or events
sponsored by the military or family support or assistance programs, and informational
briefings sponsored or promoted by the military, military service organizations, or the
American Red Cross;
• Certain childcare and related activities arising from the active duty or call to active duty
status of a covered military member, such as arranging for alternative childcare,
providing childcare on a non-routine, urgent, immediate need basis, enrolling or
MGSD Teacher Handbook
Page 51
•
•
•
•
•
transferring a child in a new school or day care facility, and attending certain meetings
at school or a day care facility if they are necessary due to circumstances arising from
the active duty or call to active duty of the covered military member;
Making or updating financial and legal arrangements to address a covered military
member’s absence;
Attending counseling provided by someone other than a health care provider for oneself,
the covered military member, or the child of the covered military member, the need for
which arises from the active duty or call to active duty status of the covered military
member;
Taking up to five days of leave to spend time with a covered military member who is on
short-term temporary, rest and recuperation leave during deployment
Attending to certain post-deployment activities, including attending arrival ceremonies,
reintegration briefings and events, and other official ceremonies or programs sponsored
by the military for a period of 90 days following the termination of the covered military
member’s active duty status, and addressing issues arising from the death of a covered
military member; and
Any other event that the employee and employer agree is a qualifying exigency.
E. Leave to Care for a Covered Service member with a Serious Injury or Illness
An eligible employee may take up to an additional 14 weeks (not to exceed 26 weeks total) of
family leave in a single 12-month period under this policy to care for a current member of the
Armed Forces, including a member of the National Guard or Reserves, or, the National Guard or
Reserves who is on the temporary disability retired list, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing medical treatment,
recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary
disability retired list. This entitlement will be applied on a per-covered-service member, perinjury basis. The covered service member must be the eligible employee’s spouse, son, daughter,
or parent, or next of kin.
13.09 Wisconsin and Federal Family Medical Leave
The Wisconsin and Federal laws differ in a number of areas, and the District will comply with both.
13.10 When the Reason for Leave Qualifies for Both Family and Medical Leave
When the reason for a leave qualifies under both Wisconsin and federal law, the following rules apply:
• The employee is deemed to be exhausting his/her entitlement under both laws concurrently; and
• The provision(s) most favorable to the employee will apply.
If leave qualifies for both Wisconsin and federal FMLA leave, the leave used counts against the
employee’s entitlement to leave under both laws. Therefore, where an employee is entitled to leave
under both laws, the notice, certification, substitution, and intermittent leave requirements which provide
the greater leave rights apply. However, if an employee’s leave extends beyond the period of coverage
under one of the laws, an employer may require the District to comply with the requirements of the
continuing law.
The leave may run concurrently with any other leave (including leave under the Americans with
Disability Act, and the Wisconsin Fair Employment Act and any applicable collective bargaining
agreement) available to the employee.
MGSD Teacher Handbook
Page 52
13.11 Use of Paid and Unpaid Leave
Both state and federal FMLA mandate that an employer provide unpaid FMLA leave to eligible
employees.
An employee may elect to substitute any available, accrued paid leave for unpaid FMLA leave under the
WFMLA. When paid leave is substituted for the employee’s unpaid leave, this paid time off will not be
available to an employee later.
When an employee has exhausted WFMLA leave entitlement and is on federal FMLA leave, the District
requires the employee to substitute sick and personal leave. If no sick or personal leave is available, none
will be used. Therefore, all paid sick and personal leave will be utilized during the FMLA leave, which
may result in a combination of paid and unpaid leave.
13.12 Medical Certification of a Serious Health Condition
The District will require medical certification to verify that an employee or the employee’s spouse, child
or parent’s illness meets the definition of serious health condition and to determine the nature and
duration of the leave. In the case of a family illness, the provider must also verify that the employee is
needed to care for the family member. Periodic recertification to verify that a condition is ongoing may
be required as provided by the law.
The Medical Certification Form can be obtained from the District Office and should generally be
returned within 15 days. Failure to provide this certification may result in delay or denial of the leave.
13.13 Additional Certifications
If the District has reason to question the validity of a medical certification, an employee may be required
to provide a second certification from a health-care provider selected and paid for by the District. If the
second opinion differs from the first, a third opinion may be required. The health-care provider for the
third opinion must be mutually chosen by the employee and the company and paid by the District. The
third opinion, by law, is binding on all parties.
13.14 Combined Leave
If a husband and wife both work for the District, and each wish to take leave for the birth of a child,
adoption or placement of a child in foster care, the maximum combined federal FMLA leave for both
spouses for these purposes is 12 weeks. Under the Wisconsin FMLA, each employee is entitled to up to
6 weeks of leave for the birth or adoption of a child. When a husband and wife both work for the District
and intend to take leave for the birth or adoption of a child, they should contact the District Office to
determine the amount of leave available.
13.15 Other Required Documentation
The District may require a copy of the birth certificate or adoption document as a condition of granting
leave related to the adoption of a child. The District may also require a copy of the foster care placement
document to grant leave. A confirmation of family relationship may be required for leave taken to care
for a son, daughter, spouse or parent with a serious health condition, or to care for a covered service
member with a serious injury or illness. The District may also require the employee to provide a copy of
the covered military member’s active duty orders or other documentation issued by the military which
indicates that the covered military member is on active duty or call to active duty status in support of a
contingency operation, and the dates of active duty status.
MGSD Teacher Handbook
Page 53
13.16 Instructional Employees
Special rules apply to “instructional” employees under the FMLA. The special rules affect the taking of
intermittent leave or leave on a reduced leave schedule, or leave near the end of a semester.
“Instructional employees” are employees whose principal function is to teach students in a class, small
group, or individual setting, and includes athletic coaches, driving instructors, and special education
assistants such as signers for the hearing impaired. It does not include assistants or aides who do not
actually teach nor does it include auxiliary personnel such as counselors, psychologists, or curriculum
specialists, or non-instructional support staff. The special rules for “instructional” employees include:
•
If an eligible employee needs intermittent leave or leave on a reduced leave schedule to
care for a family member with a serious health condition, to care for a covered service
member, or because of the employee’s own serious health condition, which is
foreseeable based on planned medical treatment, and the employee will be on leave for
more than 20 percent of the total number of working days over the period the leave
would extend, in order to minimize the disruption to the educational process, the District
may require the employee to choose either to:
1.
Take leave for a particular duration, not longer than the duration of the planned
treatment. If the employee chooses this option, the entire amount of leave will
be counted against his/her FMLA leave entitlement.
2.
Alternatively, the employee may transfer temporarily to an available alternative
position, for which he/she is qualified, which has equivalent pay and benefits
and which better accommodates recurring periods of leave.
•
If the employee does not give required notice of foreseeable leave to be taken intermittently or
reduced leave schedule, the District may require the employee to take leave of a particular
duration, or to transfer temporarily to an alternative position, or delay the taking of leave until
the employee has given the necessary notice.
•
If the employee begins a leave more than five weeks before the end of a semester, less than five
weeks before the end of a semester, and less than three weeks before the end of a semester,
special rules apply.
•
If the employee begins leave more than five weeks before the end of a semester, the leave will
last at least three weeks, and the employee would return to work during the three-week period
before the end of the semester, the District may require the employee to continue taking leave
until the end of the semester.
•
If the employee begins leave during the five-week period before the end of a semester because
of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care;
to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a
covered service member, the District may require the employee to continue taking leave until the
end of the semester if the leave will last more than two weeks, and the employee would return to
work during the two-week period before the end of the semester.
•
If the employee begins leave during the three-week period before the end of a semester because
of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care;
MGSD Teacher Handbook
Page 54
to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a
covered service member, the District may require the employee to continue taking leave until the
end of the semester if the leave will last more than five working days.
•
If the District requires the employee to continue taking leave to the end of the semester, only the
period of leave until the employee is ready and able to return to work will be charged against the
employee’s FMLA leave entitlement. However, the District will maintain the employee’s group
health insurance and restore the employee to the same or equivalent job including other benefits
at the conclusion of the leave.
13.17 Intermittent or Reduced Schedule Leave
Intermittent and/or reduced schedule leave will be permitted generally when it is medically necessary for
the serious health condition of the employee or the employee’s immediate family members. In some
cases, intermittent and/or reduced schedule leave will be permitted for the birth or placement for
adoption. Intermittent and reduced schedule leave must be scheduled with minimal disruption to an
employee’s job. To the extent an employee has control, medical appointments and treatments related to a
serious health condition should be scheduled outside of working hours or at such times that allow for a
minimal amount of time away from work. Employees who wish to take intermittent and/or reduced
schedule leave should provide a proposed schedule to the District Office to determine whether they are
eligible for such leave.
The District may, in some cases, transfer an employee to an alternative position, with equivalent pay and
benefits, in order to better accommodate the need for intermittent or reduced schedule leave.
13.18 Return from Leave
A fitness-for-duty statement may be required in order for an employee to return from a medical leave.
Failure to provide the statement may result in a delay in the return to work. An employee who wishes to
return to work earlier than originally anticipated must provide at least two days notice of such request.
A fitness for duty statement is not required for an employee returning from childbearing/childrearing
leave.
13.19 Rights Upon Return from Leave
An employee who takes leave under this policy will be reinstated to the same job or an equivalent
position upon completion of the leave. If an individual has exhausted all leave under this policy and is
still unable to return to work, the situation will be reviewed on a case-by-case basis to determine what
rights and protections might exist under other District policies.
The law provides that an employee has no greater rights upon a return from leave than the individual
would have had if he or she had continued to work. Therefore, an employee may be affected by a layoff,
reduction in force, or other job change if the action would have occurred had the employee remained
actively at work. In such cases, the official date of the layoff, reduction in force, or other action will be
the date on which the employee would otherwise have returned to work following the leave.
MGSD Teacher Handbook
Page 55
13.20 Forms
Forms are available in the District Office
• Monona Grove School District Family and Medical Leave Request Form
• Medical Authorization and Release
• Return to Work Certificate
• Employee Acknowledgement Relating to Benefits and Alternative Position During
Leave
• Certification of Health Care Provider for Family Member’s Serious Health Condition
(FMLA)
• Certification of Health Care Providers for Employee’s Serious Health Condition
(FMLA)
SECTION 14.
RELIGIOUS HOLIDAY LEAVE
Teachers shall be eligible for two (2) days of non-accumulative religious holiday leave per school year to
be deducted from sick leave or personal leave for the purpose of observing religious holidays, provided
observance prevents the teacher from working on said day(s). A request for absence for the purpose of
observing religious holidays shall be made in writing to the Superintendent of Schools, or his/her
designee, at least ten (10) school days prior to the requested absence, except for religious holidays that
are celebrated between the first day of school and September 15th. In the event of the latter, a seven (7)
school day prior notice is required.
SECTION 15.
CHILD REARING LEAVE
A. Application Procedures: The teacher shall make written application for an unpaid child
rearing leave to the Superintendent at least 30 days in advance unless the teacher is unable to
provide such notice due to medical reasons, or in the case of an adoption, the teacher is
unable to provide such advance notice due to the placement requirements of the adoption
process. The application for an unpaid child rearing leave shall include acceptable medical
or legal (for adoption) verification and the anticipated date of beginning the leave and return
to work. Such application will be reviewed and processed by the Superintendent and shall
be granted or denied in his/her sole discretion, taking into consideration the continuity and
integrity of classroom instruction.
B. Duration of the Unpaid Child Rearing Leave: The maximum length of the leave shall be
limited as follows:
1. Child born or adopted during the summer vacation – the following two semesters.
2. Child born or adopted during the first semester – the balance of that semester plus the
second semester.
3. Child born or adopted during the second semester – the balance of that semester plus the
first semester of the following school year.
Shorter leave and/or an early return from the leave shall only be upon the mutual agreement
of the teacher and the Board.
MGSD Teacher Handbook
Page 56
C. Benefits during the unpaid child rearing leave:
1. The child rearing leave is an unpaid leave.
2. During the unpaid child rearing leave, the teacher may continue participation in
insurance programs at his/her own expense subject to approval of the carrier. If the
premium is not received by the first of the month, the teacher’s insurance coverage shall
be terminated.
3. During the unpaid child rearing leave, the teacher shall retain accumulated paid leave,
but shall not accrue any additional paid leave during the unpaid child rearing leave.
D. Return from the Unpaid Child Rearing Leave: The teacher shall notify the Superintendent
or his/her designee of the teacher’s intent to return to work at least forty-five (45) days prior
to the expiration of the leave. If the teacher does not provide such notice he/she will be
deemed to have resigned from his/her position with the District as of the expiration date of
the leave. Upon return from any leave of absence, the teacher may be returned to his or her
former position, if available. If the former position is not available as determined by the
District, the teacher shall be returned to a position equivalent in terms of percentage of
contract unless the teacher’s percentage of contract was reduced or increased due to
nonrenewal and/or layoff, whichever is applicable.
E. Interaction with family and medical leave provisions: Child rearing leave, the term of such
leave and participation in insurance programs under this section as provided for above shall
run concurrent with any family leave(s) provided for under the Wisconsin Family and
Medical Leave Act and/or under the Federal Family and Medical Leave Act.
SECTION 16.
UNPAID LEAVE OF ABSENCE – FOR OTHER THAN
MEDICAL AND CHILD REARING REASONS
A. Application Procedures: All requests for other unpaid leave of absence, other than
emergencies, must be submitted to the District at least 60 days prior to the anticipated
beginning of the leave. Such application will be reviewed and processed by the
Superintendent and shall be granted or denied in his/her sole discretion, taking into
consideration the continuity and integrity of classroom instruction. The unpaid leave of
absence shall not exceed one (1) calendar year
B. Benefits During Leave:
1. Length of service and other benefits shall not accrue during such leave.
2. The teacher may continue health insurance during the leave of absence by remitting the
full premium amounts to the District. The continuation of health insurance at the
teacher’s expense is contingent upon the health insurance carrier allowing such a
benefit. If the premium is not received by the first of the month, the teacher’s insurance
coverage shall be terminated.
3. During the unpaid leave, the teacher shall retain accumulated paid leave, but shall not
accrue any additional paid leave during the unpaid leave.
C. Placement upon Return from Leave: The teacher shall notify the Superintendent or his/her
designee of the teacher’s intent to return to work at least forty-five (45) days prior to the
MGSD Teacher Handbook
Page 57
expiration of the leave. If the teacher does not provide such notice he/she will be deemed to
have resigned from his/her position with the District as of the expiration date of the leave.
Upon return from any leave of absence, the teacher may be returned to his or her former
position, if available. If the former position is not available as determined by the District, the
teacher shall be returned to a position equivalent in terms of percentage of contract unless
the teacher’s percentage of contract was reduced or increased due to nonrenewal or layoff,
whichever is applicable.
SECTION 17.
BENEFITS AND INSURANCE
17.01 Cafeteria Plan/Flexible Spending Account
The District will provide an Internal Revenue Service authorized cafeteria plan/flexible spending
account [FSA] under applicable sections of the Internal Revenue Code (§ 105, § 106, § 125 and § 129) to
permit teachers to reduce their salary and contribute to an FSA to cover the following expenses:
A. Payment of insurance premium amounts (IRC § 106);
B. Permitted medical expenses not covered by the insurance plan (IRC § 105) to a maximum of
$5,000 per calendar year until August 31, 2012, and
C. Dependent care costs (IRC § 129) subject to the limitations set forth in the Internal Revenue
Service Code.
Effective September 1, 2012: A teacher may designate, under the flexible reimbursement plan/cafeteria
plan, a maximum of two thousand five hundred dollars ($2,500) of eligible health and dental care
expenses not covered by the insurance plan (IRS Code § 105, § 125) per plan year.
Payments and the designation of amounts to be contributed to the teacher's account will be subject to the
procedures, rules and regulations of the plan's administrating agency. The provision of this plan shall be
contingent upon the continuance of this benefit under the applicable Internal Revenue Code Sections (§ 105,
§ 106, § 125 and § 129).
17.02 Dental Insurance
The Board shall provide dental insurance to eligible teachers who meet the dental insurer’s eligibility
requirements. The insurance carrier(s), program(s), and coverages will be selected and determined by
the Board.
A. Eligibility.
1. Minimum Hours for Any Board Contribution: A teacher whose individual contract has
an assignment of at least fifty percent of full-time equivalency [50%] is eligible to
participate in the District’s dental insurance. Full-time equivalency is defined as. Hours
worked beyond those set forth in the individual contract shall not be used to determine
insurance eligibility or insurance contributions. Such hours excluded may include, but
not be limited by enumeration, the following: extended contracts, summer classes, cocurricular assignments, substitute assignments, etc. Teachers whose assignments are
less than fifty percent of a full-time equivalency [50%] are not eligible to participate in
the District’s insurance and are not eligible for any District premium contribution.
MGSD Teacher Handbook
Page 58
2. Pro-ration of District Contributions: A teacher whose individual contract has an
assignment of at least 50 percent (50%), not to exceed seventy-five percent (75%) of a
full-time appointment shall receive a prorated District contribution based on the
percentage of the appointment. A teacher whose individual contract is seventy-six
percent (76%) to one-hundred percent (100%) shall receive full District contribution of
the premium.
3. Both Spouses or Domestic Partners Employed by the District: If both spouses or
domestic partners are employed by the District and are both eligible for insurance, the
employees shall be eligible for one family plan or two single plans. The premium
contributions for spouses shall be no different than the premium contribution for a
similarly-situated teacher whose spouse does not work for the District. At least one
teacher must be employed at seventy-six percent (76%) in order to qualify for a full
employer contribution. As such, the following options exist for such spouses:
a. Coverage under one family plan; or
b. Two single plans; or
For any eligible teacher who has a spouse who also is an eligible teacher, the Board will
provide either (1) only one family coverage health insurance plan to cover both eligible
teachers if the teachers have any dependents; (2) only one family coverage health
insurance plan to cover both eligible teachers if one eligible teacher is at least seventysix percent (76%) of a full time equivalent (FTE) and the other eligible teacher is a parttime teacher or a job sharing teacher, if the teachers have any dependents; or (3) two
single coverage health insurance plans if the eligible teachers do not have any
dependents.
B. Commencement and Termination of Benefits. Coverage will commence on the first day of
the month following the teacher’s completion of enrollment requirements, which are due
within thirty (30) days of the teacher’s start date. Benefits will continue for a full twelve
(12) month period. The insurance benefits described in this Handbook and in the individual
contract terminate according to the following schedule:
1. If a teacher resigns or is terminated during the term of his/her individual contract,
District coverage shall cease at the end of the month the resignation or termination
becomes effective.
2. If a teacher resigns, is non-renewed, or is terminated and has completed the school year,
his/her insurance benefits shall terminate as of August 31.
C. Premium Contributions:
Teachers working seventy-six (76%) percent or more of a full-time teacher schedule shall be
entitled to the following contributions from the District for the applicable premium
Single
Family
Freedom of Choice Option (Premier)
100%
80%
Preferred Provider Option (Preferred)
100%
90%
D. Job Sharing Teachers:
Job sharing teachers shall receive prorated insurances. Dental insurance benefits may be
split in any manner agreed upon by the job sharing teachers that is allowable by the
insurance carrier so long as the total cost to the District for the two job sharers does not
exceed the cost of such insurance(s) for a full-time teacher electing full family benefits.
Where job sharers do not agree on how to allocate their dental insurance benefits, the
District’s share(s) of the cost of such benefits shall be prorated on the basis of the
percentage of time each job sharer works (percentage of contract), not to exceed 100%
MGSD Teacher Handbook
Page 59
of the cost to the District of a teacher employed on a full-time basis and receiving family
coverage.
17.03 Health Insurance
The Board shall provide health insurance to eligible teachers who meet the health insurance carrier’s
eligibility requirements. The insurance carrier(s), program(s), and coverages will be selected and
determined by the Board.
A.
Eligibility.
1. Minimum Hours for Any Board Contribution: A teacher whose individual contract has
an assignment of at least fifty percent of full-time equivalency [50%] is eligible to
participate in the District’s health insurance. Full-time equivalency is defined as 1,425
hours. Hours worked beyond those set forth in the individual contract shall not be used
to determine insurance eligibility or insurance contributions. Such hours excluded may
include, but not be limited by enumeration, the following: extended contracts, summer
classes, co-curricular assignments, substitute assignments, etc. Teachers whose
assignments are for less than fifty percent of a full-time equivalency [50%] are not
eligible to participate in the District’s insurance and are not eligible for any District
premium contribution.
2. Pro-ration of District Contributions:
A teacher whose individual contract has an assignment of at least 50 percent (50%), not
to exceed seventy-five percent (75%) of a full time appointment shall receive a prorated
District contribution based on the percentage of the appointment. A teacher whose
individual contract is seventy-six percent (76%) to one-hundred percent (100%) shall
receive full District contribution of the premium.
3. Job Sharing Teachers:
Job sharing teachers shall receive prorated insurances. Dental insurance benefits may be
split in any manner agreed upon by the job sharing teachers that is allowable by the
insurance carrier so long as the total cost to the District for the two job sharers does not
exceed the cost of such insurance(s) for a full-time teacher electing full family benefits.
Where job sharers do not agree on how to allocate their health (and dental) insurance
benefits, the District’s share(s) of the cost of such benefits shall be prorated on the basis
of the percentage of time each job sharer works (percentage of contract), not to exceed
100% of the cost to the District of a teacher employed on a full-time basis and receiving
family coverage.
4. Both Spouses or Domestic Partners Employed by the District: If both spouses or
domestic partners are employed by the District and are both eligible for insurance, the
teachers shall be eligible for one family plan or two single plans. The premium
contributions for spouses shall be no different than the premium contribution for a
similarly-situated teacher whose spouse does not work for the District. At least one
teacher must be employed at seventy-six percent (76%) in order to qualify for a full
employer contribution. As such, the following options exist for such spouses:
a. Coverage under one family plan; or
b. Two single plans; or
For any eligible teacher who has a spouse who also is an eligible teacher, the Board will
provide either (1) only one family coverage health insurance plan to cover both eligible
teachers if the teachers have any dependents; (2) only one family coverage health
insurance plan to cover both eligible teachers if one eligible teacher is at least seventyMGSD Teacher Handbook
Page 60
six percent (76%) of a full time equivalent (FTE) and the other eligible teacher is a parttime teacher or a job sharing teacher, if the teachers have any dependents; or (3) two
single coverage health insurance plans if the eligible teachers do not have any
dependents.
B. Commencement and Termination of Benefits. Coverage will commence on the first day of
the month following the teacher’s completion of enrollment requirements, which are due
within thirty (30) days of the teacher’s start date. Benefits will continue for a full twelve
(12) month period. The insurance benefits described in this Handbook and in the individual
contract terminate according to the following schedule:
1. If a teacher resigns or is terminated during the term of his/her individual contract,
District coverage shall cease at the end of the month the resignation or termination
becomes effective.
2. If a teacher resigns, is non-renewed, or terminated who has completed the school year,
his/her insurance benefits shall terminate as of August 31.
C. Premium Contributions:
1. Full-Time Teachers: For teachers working seventy-six percent (76%)
or more of a full-time equivalent, The Board of Education shall pay:
Up to 87.4% of the average premium cost of Wisconsin Public Employers Group Health
Insurance Program Tier 1 health plans cost for an individual (single) monthly premium
charged by the participating health insurance provider in the case of eligible teachers
who elect individual (single) coverage.
Up to 87.4% of the average premium cost of Wisconsin Public Employers Group Health
Insurance Program Tier 1 health plans cost for a family monthly premium charged by
the participating health insurance provider in the case of eligible teachers who elect
family coverage.
2. Part-Time Teachers:
For teachers working at least fifty percent (50%) and up to seventy five percent (75%) of
full time equivalent, The Board of Education shall pay a prorated employer contribution
to health insurance, based on the teacher’s FTE.
3. Job-sharing Teachers:
Job sharing teachers shall receive prorated insurances. The health insurance benefit may
be split in any manner agreed upon by the job sharing teachers that is allowable by the
insurance carrier so long as the total cost to the District for the two job sharers does not
exceed the cost of such insurance(s) for a full-time teacher electing full family benefits.
Where job sharers do not agree on how to allocate their health insurance benefits, the
District’s share(s) of the cost of such benefits shall be prorated on the basis of the
percentage of time each job sharer works (percentage of contract), not to exceed 100%
of the cost to the District of a teacher employed on a full-time basis and receiving
family coverage.
MGSD Teacher Handbook
Page 61
17.04 Liability Insurance
The School Board shall carry liability insurance that provides coverage for the acts of employees
performed in accordance with their duties and within their scope of employment. Employees shall be
covered for liability in accordance with the terms of the District's liability insurance policy. Employees
may inspect the District's liability insurance policy upon request.
17.05 Life Insurance
The Board shall make available life insurance to eligible teachers who meet the life insurance carrier’s
eligibility requirements. The insurance carrier(s), program(s), and coverages will be selected and
determined by the Board.
A. Eligibility:
1. A teacher who qualifies to participate in the Wisconsin Retirement System per state
statute is eligible for life insurance.
2. Teachers must sign up for life insurance within thirty (30) days of the first day of
employment.
3. To remain eligible for life insurance, the teacher must meet all payment requirements.
B. Commencement and Termination of Benefits:
Coverage will commence six (6) months after the first day of the month following the date
the teacher completes enrollment requirements, and continue for a full twelve (12) month
period.
The life insurance contract terminate according to the following schedule:
1. If a teacher resigns or is terminated during the term of his/her individual contract,
District coverage shall cease at the end of the month following the resignation or
termination becomes effective.
2. If a teacher resigns, or is terminated, or is non-renewed and completes the school year,
his/her life insurance benefits shall terminate July 31st.
3. A teacher may voluntarily terminate life insurance coverage at any time by submitting
appropriate written notice to the District Office. Coverage will continue through the end
of the month following the notification.
C. Premium Contributions: Payment of the life insurance premium is the sole responsibility of
the teacher. If at any time the teacher does not meet the payment requirements the District
will consider the life insurance coverage to be voluntarily terminated. If at any time the
teacher does not meet the payment requirements the District will consider the life insurance
coverage to be voluntarily terminated. The teacher contribution is automatically deducted
from payroll to ensure ongoing coverage.
17.06 Long-Term Disability
The Board shall provide long-term disability insurance to eligible teachers who meet the long-term
disability insurance carrier’s eligibility requirements. The insurance carrier(s), program(s), and
coverages will be selected and determined by the Board.
A. Eligibility:
Minimum Hours for Any Board Contribution: A teacher whose individual contract has an
assignment of at least 50% of full time equivalency (713 hours) is eligible to participate in
the District’s long-term disability insurance. Hours worked beyond those set forth in the
individual contract shall not be used to determine insurance eligibility or insurance
contributions. Such hours excluded may include, but not be limited by enumeration to, the
MGSD Teacher Handbook
Page 62
following: extended contracts, summer classes, co-curricular assignments, substitute
assignments, etc. Teachers whose assignments are for less than 713 hours are not eligible to
participate in the District’s long-term disability insurance plan.
B. Commencement and Termination of Benefits:
Coverage will commence on the teacher’s first day of employment and continue for a full
twelve (12) month period. The District shall automatically enroll the teacher for long-term
disability coverage.
The long-term disability insurance benefits described in this Handbook and on the individual
contract terminate according to the following schedule:
1. If a teacher resigns or is terminated during the term of his/her individual contract,
District coverage shall cease at the end of the month the resignation or termination
becomes effective.
2. If a teacher resigns, or is terminated, or is non-renewed and completes the school year,
his/her short-term disability insurance benefits shall terminate June 30th.
C. Premium Contributions: The District shall pay eighty percent (80%) of the premium for
long-term disability insurance. The teacher shall pay the remaining portion of the premium.
The teacher contribution is automatically deducted from payroll to ensure ongoing coverage.
D. Benefits:
The benefits will be equal to ninety percent (90%) of the teacher's monthly wages.
Coverage shall begin after the 90th calendar day of disability as determined by the carrier,
and continue until:
1. The teacher is eligible to return to work and has met documentation requirements for
return to work, or
2. By determination of the carrier that the teacher is no longer disabled under the terms of
the policy.
3. The teacher is not eligible to return to work. Continuation of benefits will be dependent
on plan coverage. Benefits terminate twenty-four (24) months after date of disability as
long as the teacher meets insurance documentation requirements.
17.07 Short-Term Disability
The Board shall make available short-term disability insurance to eligible teachers. The insurance
carrier(s), program(s), and coverage’s will be selected and determined by the Board.
The District will make available to teachers a policy of group voluntary short-term disability insurance.
Teachers who choose to participate in such short term insurance shall pay the premium necessary to
maintain such coverage.
A. Eligibility:
1. Minimum Hours for Any Board Contribution: A teacher whose individual contract has
an assignment of at least 50% of full time equivalency (713 hours) is eligible to
participate in the District’s short-term disability insurance. Hours worked beyond those
set forth in the individual contract shall not be used to determine insurance eligibility or
insurance contributions. Such hours excluded may include, but not be limited by
enumeration to, the following: extended contracts, summer classes, co-curricular
assignments, substitute assignments, etc. Teachers whose assignments are for less than
713 hours are not eligible to participate in the District’s short-term disability insurance
plan.
MGSD Teacher Handbook
Page 63
2. Teachers must sign up for short-term disability within thirty (30) days of the first day of
employment. Teachers may sign up for short-term disability during open enrollment
pending an evidence of insurability.
3. To remain eligible for short-term disability, the teacher must meet all payment
requirements.
B. Commencement and Termination of Benefits.
Coverage will commence on the first of the month following the carrier’s approval of the
teacher’s application and continue for a full twelve (12) month period.
The short-term disability insurance benefits described in this Handbook and on the
individual contract terminate according to the following schedule:
1. If a teacher resigns or is terminated during the term of his/her individual contract,
District coverage shall cease at the end of the month the resignation or termination
becomes effective.
2. If a teacher resigns, or is terminated, or is non-renewed and completes the school year,
his/her short-term disability insurance benefits shall terminate June 30th.
3. A teacher may voluntarily terminate short-term disability coverage at any time by
notifying the District Office in writing. Coverage will continue through the end of the
month of notification.
C. Premium Contributions: Payment of the short-term disability premium is the sole
responsibility of the teacher. If at any time the teacher does not meet the payment
requirements the District will consider the short-term disability coverage to be voluntarily
terminated. The teacher contribution is automatically deducted from payroll to ensure
ongoing coverage.
17.08 Wisconsin Retirement System (WRS) Contributions
The Board agrees to contribute the employer’s share. The teacher agrees to pay the teacher’s required
WRS contribution as required by state statute.
17.09 Defined Benefit or Defined Contribution Post-Employment Benefit
COBRA Law Continuation of District Health Plan Participation
The District, pursuant to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and
state law, offers teachers the opportunity to remain on the District’s health, dental and vision insurance
plan at the group rate in certain instances where coverage under the plan would otherwise end.
A. Qualifying Events: A teacher, teacher’s spouse and a teacher's dependent children (if any) covered
by and participating in the District’s health insurance plan (medical, dental, and vision), may qualify
for continuation coverage if District-sponsored coverage is lost due to the occurrence of any of the
following qualifying events:
a. Voluntary or involuntary termination of employment for any reason other than “gross
misconduct.” (e.g., resignation or retirement);
b. Death of the covered teacher;
c. Divorce or legal separation from the covered teacher;
d. Loss of “dependent child” status;
e. Eligibility for Medicare entitlement;
MGSD Teacher Handbook
Page 64
f.
B.
C.
D.
E.
F.
Reduction in work hours such that the teacher no longer qualifies for coverage under the
plan.
Period of COBRA Continuation: In the event of one of the above qualifying events, COBRA
coverage is available for up to eighteen (18) months, but may be extended to a total of twenty-nine
(29) months in certain cases of disability (see Disability Extension below) or up to thirty-six (36)
months if a qualifying spouse or dependent suffers a second qualifying event. The teacher, teacher’s
spouse and each covered dependent has an individual right to request COBRA
coverage. Additionally, any child born to or placed for adoption with a covered teacher during a
period of continuation coverage is automatically considered a qualified beneficiary.
COBRA Extension [Second qualifying events]: A spouse or dependent child may be eligible for
COBRA extension coverage for a period of up to thirty-six (36) months if coverage is lost due to one
of the following second qualifying events:
a. The teacher's death;
b. Divorce or legal separation;
c. The covered teacher becomes eligible for Medicare;
d. A child loses his or her “dependent child” status.
*Note: The second event can be a second qualifying event only if it would have caused the
qualified beneficiary to lose coverage under the plan in the absence of the first
qualifying event.
Premium Cost & Payment: The cost for this extended continuation coverage shall not exceed the
group rate in effect for an active group member, including the District’s contribution (i.e., the total
amount the teacher and District have been paying for health insurance coverage). If the cost for
COBRA coverage changes during a teacher’s participation the teacher will be notified of the new
premium in writing prior to its due date.
Termination of Coverage: Teacher continuation coverage may be terminated automatically if:
a. The teacher fails to make a monthly premium payment to the District on time;
b. The teacher obtains similar coverage through a different employer;
c. The teacher becomes eligible for Medicare and convert to an individual policy;
d. The District terminates its health plan;
e. The teacher’s guaranteed continuation period expires.
The teacher or a qualified beneficiary have the responsibility to inform the District of a divorce,
legal separation, or a child losing dependent status under the group health plan within sixty (60)
days of the qualifying event. The District will then notify any other covered dependents that are
affected by the event of their right to elect COBRA coverage.
COBRA participants must also notify the District if they experience additional COBRA
qualifying events during their COBRA term that might qualify them for additional months of
extended coverage.
Disability Extension - If a teacher elects COBRA continuation coverage based on termination of
employment or reduction of hours, and the teacher or a qualified beneficiary from his or her family
becomes disabled (as determined by Social Security) anytime within the first sixty (60) days of
COBRA continuation coverage, the teacher and his or her family’s qualified beneficiaries may elect
a special additional eleven (11)-month extension, for a total of twenty-nine (29) months of COBRA
continuation coverage. To elect the eleven (11)-month extension, the teacher must notify the Plan
Administrator within sixty (60) days of the date Social Security determines that the teacher or a
qualified beneficiary from his or her family is disabled and within the first eighteen (18) months of
COBRA continuation coverage.
MGSD Teacher Handbook
Page 65
SECTION 18.
WORK STOPPAGE
Teachers of the District shall not engage in, assist or support any strike, slowdown, or sanction, or
withhold in full or in part any services to the District as a work stoppage. In the event of a violation of
this Section, the District may take disciplinary action.
SECTION 19.
NONRENEWAL FOR PERFORMANCE
19.01 Length of Probationary Period for Teachers
All teachers new to the District shall be considered to be under probation for a period of three (3) years;
except, teachers new to the District (who are not temporary teachers) with at least three (3) years of prior
experience shall be considered under probation for a period of two (2) years. A probationary teacher
who commences employment prior to December 1 of a school year shall be granted a year of
probationary credit. Teacher absence (after hire date) for sixty (60) school days or more in any one (1)
year of the probationary period shall extend such teacher's probation for one (1) additional year.
19.02 Standard for Nonrenewal for Probationary and Post-Probationary Teachers
A. Probationary Teacher:
1. A probationary teacher may be non-renewed during his/her probationary period for any
reason that is not arbitrary or capricious. Such non-renewal shall not be subject to the
grievance procedure provided in Board Policy 525.
2. Nonrenewal for a probationary teacher shall be subject to the provisions of Phase I of the
Monona Grove Professional Development and Assessment Manual and provisions of
section 118.22, Wis. Stats., which provides a teacher the right to a private conference with
the Board of Education prior to being given written notice of refusal to renew the teacher’s
contract. A request for such a conference must be made within five (5) days of preliminary
notice of nonrenewal.
B. Post-Probationary Teacher:
1. Nonrenewal of a post-probationary teacher shall be subject to the provisions of Phases II
and III of the Monona Grove Professional Development and Assessment Manual and
provisions of section 118.22, Wis. Stats., which provides the right to a teacher to a private
conference with the Board of Education prior to being given written notice of refusal to
renew the teacher’s contract. A request for such a conference must be made within five
(5) days of preliminary notice of nonrenewal.
2. A post-probationary teacher who has not been placed on a plan of improvement will not
be considered for nonrenewal for performance.
A post-probationary teacher who has been placed on a plan of improvement during the last
five (5) years of his/her employment with the District and who is currently on an
improvement plan for a minimum of 90 school days may be non-renewed for
performance.
A post-probationary teacher who has not previously been placed on a plan of improvement
during the last five (5) years of his/her employment with the District and who is currently
MGSD Teacher Handbook
Page 66
on an improvement plan for a minimum of 180 school days may be non-renewed for
performance.
SECTION 20.
DISCIPLINE AND TERMINATION
20.01 Standard for Discipline and Termination
A teacher may be disciplined or terminated for “cause”. Such discipline or termination shall be subject to
the grievance procedure (Section 4) provisions of this Handbook. “Cause” is defined as the following:
A. There is a factual basis for the discipline or termination: The factual basis must support a
finding of employee conduct in which the District has a disciplinary or termination interest;
and
B. Reasonableness of the penalty: The particular discipline or termination imposed by the
District must not be unreasonable.
20.02 Representation
In the event any teacher is called to a meeting with representatives of the District for the purpose of
issuing discipline or discharge, or for the purpose of investigating circumstances which may lead to
discipline or discharge, the District shall advise the teacher of his or her right to representation prior to
the meeting. In the event the teacher chooses to have representation, the meeting may be delayed, at the
discretion of the District, until appropriate representation may be obtained. Nothing in this provision
shall prevent the District from removing a teacher from the work place if immediate action is required.
20.03 Disciplinary Materials
Copies of any disciplinary material(s) shall be provided to the teacher before such material is placed in a
teacher's personnel file. The teacher shall have the opportunity to reply to such materials and affix
his/her reply to said material.
20.04 Termination of Employment
The employment relationship between the District and any teacher is terminated:
A.
If the teacher is discharged pursuant to section 1.03, whichever is applicable.
B.
If the teacher quits his/her employment.
C.
If the teacher fails to return to work on the work day following the expiration of an
authorized leave of absence unless unable to notify because of illness or other reasonable
basis.
D.
If the teacher retires.
SECTION 21.
PROFESSIONAL HOURS/WORKDAY
21.01 Normal Hours of Work
Teachers are professional employees as defined by the federal Fair Labor Standards Act and the
Wisconsin Municipal Employee Relations Act, § 111.70(1)(L), Wis. Stats.
The “normal” hours of work for full-time for teachers shall be seven and one-half (7 ½) continuous
hours (450 continuous minutes) in length exclusive of a thirty (30) minute duty free lunch period. The
actual workday for each building shall be established by the Board.
The District shall make reasonable efforts to constrain the level of work outside the normal workday that
is not otherwise compensable at reasonable levels and to equitably distribute such work among the staff.
MGSD Teacher Handbook
Page 67
21.02 Traveling Teachers
Teachers regularly assigned to teaching duties in more than one school building within the City of
Monona or within the Village of Cottage Grove shall be provided at least twenty (20) minutes to travel
from one school building to the other.
Teachers regularly assigned to teaching duties in school buildings in the City of Monona and the Village
of Cottage Grove shall be provided at least thirty (30) minutes to travel from one school building to the
other. Such periods of travel shall commence at the end of the class period in one building and end with
the commencement of the ensuing class period in the other building. Travel time shall be included as
teaching time. This provision shall be administered with due consideration for weather; traveling
conditions; duties related to shared classrooms; student related teacher responsibilities; and any other
emergencies that affect the terms herein.
Teachers regularly assigned teaching duties that require them to travel between school buildings shall
not be assigned supervision duties.
21.03 Administratively Called Meetings
Faculty meetings: Shall be held as necessary at the call of the building principal. Such meetings will be
concluded before the end of the "normal workday", except that one (1) faculty meeting each
month at each school may be extended by not more that sixty (60) minutes beyond the normal workday.
Such extended meetings shall not be scheduled for Fridays. In consideration of the above, the normal
workday shall end at the close of the normal pupil day on Fridays, but in no instance less than fifteen
(15) minutes before the end of the normal workday.
Teachers are expected to attend faculty meetings. Teachers unable to attend may be excused at the
discretion of the building principal. Teachers so excused shall not be disciplined, and shall not suffer
any reduction in pay or benefits. Teachers may be required to make up the time involved in said activity.
Other Administratively Called Meetings: The notification and duration provisions described above for
faculty meetings do not include nor shall they apply to meetings of individual educational plan (IEP)
teams, the preparation of IEP’s, parent-teacher meetings, department meetings, continuous improvement
meetings, or activities of similar nature, which are normally conducted at other times. Teachers are
expected to attend such meetings with reasonable advance notice. In emergencies or cases that require
urgent and timely action, advance notice may be waived.
Teachers unable to attend may be excused at the discretion of the building principal. Teachers so
excused shall not be disciplined, and shall not suffer any reduction in pay or benefits. Teachers may be
required to make up the time involved in said activity.
Individualized Education Plan: Meetings are to be scheduled outside of classroom instructional time of
teachers involved whenever possible, including within the school day. Exceptions may be made for
extenuating circumstances and must be approved in advance by Building Administrator or his/her
designee.
21.04 Open House (Back to School Night)
The District may schedule an Open House or Back to School Night once per year at each school
building, beyond the normal workday. Such events shall be scheduled at the building level at a time that
reflects attempts to accommodate the mutual convenience of all concerned.
MGSD Teacher Handbook
Page 68
Teachers are expected to attend open house. Teachers who are unable to attend open house for
extenuating circumstances may be excused at the discretion of the building principal.
21.05 Flexible Scheduling during Workweek
Building principals may adjust the beginning and ending times of the normal workday to conform to the
particular circumstances and/or needs of the individual school buildings involved as long as the seven
and one-half (7 ½) continuous hours workday is maintained. In addition, and with the mutual consent of
the affected teacher(s), building principals may adjust the beginning and ending times of the normal
workday to conform to the particular circumstances and/or needs of individual teacher(s) involved as
long as the seven and one-half (7 ½ ) continuous hours workday is maintained. The granting or denying
by a building principal of a request for such an adjustment by an individual teacher(s) shall be final, nonprecedential in all respects, and not subject to the grievance procedure or challenge pursuant to Wis. Stat.
§ 111.70(3)(a) 4. or 5.
21.06 Emergency School Closures
In the event the District is closed or an individual building(s) is closed, full or partial day closures may
be made up at the discretion of the District. The District shall, at a minimum make up all days/hours
necessary to guarantee the receipt of state aids and/or necessary to meet the minimum annual school year
requirements (days and hours) of the State of Wisconsin. Teachers shall not receive additional
compensation in the event the District requires such day(s)/time to be made up with or without pupils.
21.07 School Calendar
The school calendar shall be determined by the Board. There shall be one hundred eighty (180) student
contact or session days and ten (10) non-session days in the calendar. A student contact day for a
particular school building shall be the regular full school day for that school building as established by
written Board policy pursuant to Section PI 8.01(h) Wisconsin Administrative Code.
The following shall count toward the non-session days: Labor Day, Thanksgiving Day, and Memorial
Day.
The calendar shall consist of 190 teacher workdays. The determination of the structure of the days, e.g.
instructional, in-service, workdays, etc., shall be at the discretion of the Board.
SECTION 22.
TEACHER SUPERVISION AND EVALUATION
Teachers will be supervised and evaluated under the procedures outlined in the Monona Grove
Professional Development and Assessment Manual.
SECTION 23.
TEACHER ASSIGNMENTS, VACANCIES AND
TRANSFERS
23.01 Teacher Assignments, Vacancies and Transfers
A. Determination of Assignment: Teachers will be assigned (new assignment or reassignment), relocated or transferred by the Superintendent and/or his/her designee.
The following criteria may be considered by the Superintendent when assigning teaching
staff: Educational needs of the District, including but not limited to changing enrollments,
instructional requirements, the opening of new buildings, and the wishes of teachers who
desire to change their place of employment within the system.
MGSD Teacher Handbook
Page 69
B. Job Posting: Whenever a position becomes vacant or a new position is created, notice of
such available position will be posted and communicated via email to all District teachers.
Teachers will have two weeks from the date of the posted vacancy to respond.
The vacancy may also be concurrently posted externally. The employer retains the right to
temporarily fill vacant positions at its discretion. The notice shall include the date of
posting, the job requirements, a description of the position available, the anticipated start
date and the qualifications required for the position.
C. Assignment Preference Consideration: Teachers may express in writing to the
Superintendent and/or his/her designee their preference of a) school; b) grade level; or c)
subject. If a teacher wishes to be transferred to another position, application for such
transfer shall be made in writing to the Superintendent and/or his/her designee within two
weeks of the posting of a vacancy. Insofar as possible, consideration will be given these
requests.
D. Process for Filling Vacancies:
A qualified internal candidate who applies for a vacant position, prior to the end of the
posting period, will be granted an interview for the position. The Superintendent and/or
his/her designee retain the right to select the most qualified internal or external applicant for
any position. The Superintendent retains the right to determine the job descriptions needed
for any vacant position. The Superintendent may consider qualifications that are related to
the position and exceed minimum posted qualifications.
The Superintendent may fill the position with either an internal or external candidate at
his/her sole discretion.
A teacher being considered for involuntarily transfer by the Superintendent and/or his/her
designee will be provided the following:
1. A conference with the Superintendent and/or his/her designee.
2. Written notice from the Superintendent and/or his/her designee which will include
the reasons for the transfer.
23.02 Employee Resignations
If the teacher breaches the individual contract or the Board grants the teacher a release from the
individual contract when the teacher has provided less than forty-five (45) calendar days advance notice
of his/her resignation, the teacher shall pay liquidated damages in the amount of three-hundred and fifty
dollars ($350). The Board may waive liquidated damages at its discretion.
23.03 Teacher Absence and Substitutes
When a regular teacher is to be absent from school and a substitute is needed, it is the responsibility of
the teacher to submit a request for a substitute through the District’s reporting procedures. If possible,
such notification should be made the evening prior to the time of absence, or before 5:00 a.m. This will
help to provide time for obtaining a substitute teacher.
MGSD Teacher Handbook
Page 70
23.04 Extended Contracts
Payment for Extended Contracts. A teacher on an extended contract shall be paid an added 1/190th of
his/her regular teaching salary, exclusive of additive pay for each day of extension over the 190-day
calendar.
23.05 Job Sharing
A.
A Post Probationary teacher who wishes to job share during the following school year shall
apply for a job share position prior to February 15th. Job share is defined as two teachers
holding one job divided on a percentage basis acceptable to each.
B.
If the building principal(s) where the job share position is located approves of a proposed
job share arrangement agreeable to the involved teachers, new contracts reflecting the job
share arrangement shall be issued to both teachers. If a Post Probationary teacher wants a
job share and can get a temporary teacher, or a probationary teacher as a partner, such
arrangement shall not otherwise affect the status of the temporary or probationary teachers
involved.
C.
A job share arrangement may be approved on an annual basis. If a job share arrangement
for a subsequent school year is discontinued by request of one or both teachers, the Post
Probationary teacher(s) involved shall be entitled to resume their former position or a
comparable position for which they are certified if such a position is available. Job sharing
teachers do not have bumping rights based on their job sharing arrangement. If no such
position is available, the job share position will continue for the following school year
pending approval of the principal(s). If the principal recommends termination of the job
share for a subsequent school year, job sharing teachers shall be entitled to resume their
former positions or comparable positions for which they are certified if such positions are
available. If no such position is available, a layoff provisions pursuant to Section 25 of this
Handbook may occur. If the District implements a layoff, job share teachers shall be
accorded their earned seniority and shall be subject to layoff on the same terms as teachers
who are not in a job sharing arrangement.
D.
Job sharing teachers shall receive prorated salary and fringe benefits, including insurances
as set forth in Section 18 of this Handbook.
E.
Job share teachers shall attend all parent-teacher conferences. Job share teachers shall be
subject to the Open House (Back to School Night) provisions of this Handbook.
F.
Job share teachers shall attend, on a percentage basis equal to their respective contracts,
early dismissals, staff committee work days, faculty meetings, non-session days and inservices that are held during the normal school day. Supervision responsibilities shall be
assigned on a percentage basis equal to their respective contracts, or as mutually agreed
upon by the job share teachers.
G.
If one of the job share teachers becomes ill or takes childrearing leave or is absent for any
other reason, the other job share teacher may be requested to cover for the absent teacher.
If he or she does so, the teacher performing such services shall be paid the staff substitute
rate for all work days up to ten (10) consecutive working days. If the replacement service
MGSD Teacher Handbook
Page 71
exceeds ten (10) consecutive working days, the job share teacher performing such services
shall be paid at his or her regular rate on a full-time basis retroactive to the beginning of
such consecutive replacement service.
SECTION 24.
REDUCTION IN FORCE - POSITIONS & HOURS
(NON-PERFORMANCE-RELATED NONRENEWAL)
24.01 Reasons for Reduction in Force
In the event the Board determines to reduce the number of full-time positions or the number of hours in
any position the provisions set forth in this section shall apply.
24.02 Notice of Reduction
The District will provide notice of nonrenewal in accordance with the timelines set forth in § 118.22,
Wis. Stats. The nonrenewal notice shall specify the effective date of the nonrenewal, the right to a
private conference under § 118.22, Wis. Stats and will refer the teacher to the Reduction in Force
provision in this Handbook.
24.03 Selection for Reduction – Steps
In the implementation of staff reductions under this section, individual teachers shall be selected for
nonrenewal in accordance with the following steps:
A. Step One - Attrition: Normal attrition resulting from teachers retiring or resigning will be
relied upon to the extent that it is administratively feasible in implementing reducing staff.
B. Step Two - Volunteers: Volunteers will be non-renewed first. The District will provide the
volunteer(s) with a nonrenewal notice. Requests for volunteers will be sent to teachers
within each grade level, departmental and certification area. A teacher who volunteers to be
non-renewed under this section will put his/her request in writing. Volunteers will only be
accepted by the District if in the District's opinion the remaining teacher in the grade level,
department/certification area are qualified to perform the remaining work. Volunteers will
be treated as other nonrenewal under this section of the Handbook.
C. Step Three - Selection For Nonrenewal: The Superintendent and/or his/her designee shall
select the teacher in the affected grade level, department/certification area for full or partial
nonrenewal based on the following criteria:
• Certification/ DPI Licensure including multiple DPI certifications.
• Experience in the Grade-Level, subject area, and/or Department in the district
• Length of Service in the Monona Grove School District.
• Status on an improvement plan under District’s evaluation procedure.
In subsequent years, the Superintendent shall consider the following additional criteria for
determining the teacher for nonrenewal due to reduction in force, after Board approval.
•
•
•
Professional development, training, including but not limited to, majors or minors in
appropriate subjects and curriculum, and other applicable skills.
Specific needs of a school’s educational programs including curricular and co-curricular
programs.
Documentation of teacher performance and evaluation
MGSD Teacher Handbook
Page 72
24.04 Teacher’s Right to Private Board Conference Under § 118.22
A teacher may file a request for a private conference with the board within five (5) days after
receiving the preliminary notice of non-renewal. That conference will be held prior to being given
written notice of refusal to renew the teacher's contract.
The hearing before the Board will include evidence related to the four criteria. A majority of the full
Board (4 Board members) must affirm or deny the decision. The Board decision will be final.
24.05 Nonrenewal for Reduction in Hours
Teachers who are nonrenewed for reduction in hours shall not lose any accrued length of service or sick
leave earned. Such nonrenewed teachers shall be treated as part-time teachers under this Handbook.
24.06 Reemployment Process
A. Post probationary teachers who have been nonrenewed due to reduction in force shall be
reemployed in inverse order of their nonrenewal for positions that may develop in the level or
department for which he/she is qualified by certification and experience, and all benefits to
which a teacher was entitled at the time of nonrenewal due to reduction in force shall be restored
in full upon re-employment within the recall period.
B. Post probationary staff members shall retain such right of reemployment for a period of two
years after the beginning of the next school year following full or partial nonrenewal due to
reduction in force. Probationary teachers shall have no reemployment rights.
C. It shall be the obligation of the teacher to keep the Board informed as to his/her current address
while in his/her reemployment period.
D. Teachers who are notified in writing of an available position in their level or department must
accept the position offered within ten (10) days after receipt of such written notice or be deemed
to have forfeited any and all rights to re-employment under this Section.
E. Teachers who are notified in writing of an available part-time position in their level or
department may decline such part-time position without forfeiting their re-employment rights
under this Section. Nothing in this Section shall be construed to permit teachers whose teaching
contracts are reduced to refuse additional assignments.
F. Reinstatement of teachers so reemployed will not result in a loss of credit for previous years of
service.
G. Post probationary teachers who have been fully or partially nonrenewed due to reduction in force
may continue group insurance coverage available through the Board during their reemployment
periods if such teachers pay the full premium costs. Failure to forward premium payment to the
insurance provider on a previously stipulated schedule will terminate this option.
24.07 Insurance Benefits Following Nonrenewal
Please see Part I, Section 15, COBRA, subsection 15.11 for a full explanation of insurance continuation
options.
MGSD Teacher Handbook
Page 73
24.08 Accrued Benefits during Reemployment Period
Non-renewed teachers shall suffer no loss of sick leave, or other accrued benefits when rehired. Sick
leave days shall not accrue for a teacher during the reemployment period.
SECTION 25.
PROFESSIONAL COMPENSATION
The Board of Education will comply with state statutes as to teacher compensation. Teachers will
receive individual notices as to their salary prior to the beginning of each school year
25.01 Additional Hours for Less-than Full Time Teachers
Teachers who work less than full-time and are required to work above and beyond their contract
time shall be paid at their hourly contracted rate of pay. (Full-time teachers are contracted for
1,425 hours per year)
25.02 After School Teachers
Teachers that are performing after school academic teaching/support shall be paid an hourly rate of
twenty-five dollars ($25) per hour.
25.03 After School Detention Supervision
Teachers performing After-School Detention Supervision shall be paid twenty dollars ($20) per hour.
25.04 Bus Supervision
Teachers performing bus supervision prior to the start of school or at the end of the school day
shall be paid twenty dollars ($20) per hour.
25.05 Classroom Moves
Teachers that are required to move their classrooms, shall be paid two hundred dollars ($200).
25.06 Curriculum Workshop Pay
Teachers assigned to work on a curriculum project that is outside the terms of the individual
teaching contract shall be paid at a rate of twenty-five dollars ($25) per hour. The length of time
and maximum number of hours for completion of the project shall be determined by the
administration.
25.07 Extended Contracts
Additional contract days may be added to the contracted school calendar for each teacher at the
discretion of the District. Teachers shall be compensated for said days at their individual per diem
rates. Teachers on extended contracts shall be paid an added 1/190th of their regular teaching
salaries, exclusive of additive pay, for each day of extension over the 190-day calendar. The
schedule for these additional days shall be determined by the administration and the days may be
scheduled in full or partial day increments.
25.08 Extended School Year- ESY
Teachers contracted to perform Extended School Year services (ESY) per individual student IEP’s
shall be paid an hourly rate of twenty-five dollars ($25) per hour.
MGSD Teacher Handbook
Page 74
25.09 Homebound Teachers
Teachers assigned to teach homebound students outside the normal school day, shall be paid at a
rate of twenty-five dollars ($25) per hour.
25.10 IEP Meetings
Teachers assigned to attend IEP meeting beyond their contract time shall be paid at a rate of
sixteen dollars and fifty-cents ($16.50) per hour.
25.11 Jumpstart Teachers
Teachers contracted to teach Jumpstart shall be paid an hourly rate of twenty-five dollars ($25) per
hour.
25.12 Lunchroom Supervision
Teachers performing lunchroom supervision during their duty free lunch period shall be paid
twenty dollars ($20) per hour.
25.13 Meeting/Workshops
Teachers assigned to attend meetings and workshops beyond their contract time shall be paid at a rate
of sixteen dollars and fifty-cent ($16.50) per hour.
25.14 Mentor Stipend
Teachers who accept assignment as a mentor to another new teacher that does not qualify for our
new teacher mentoring program shall be paid $250 per school year in which that teacher is
mentoring. The assignment of mentor and mentee will be performed by administration.
25.15 Overload Teaching Pay
A teacher, upon the request of the administration, may volunteer to teach an additional class
beyond a full teaching load in lieu of supervisory assignment. A teacher teaching an additional
class beyond the full teaching load, and in lieu of a supervisory assignment, shall be compensated
at the rate of 12.5% of the teacher’s regular teaching contract for the school year.
25.16 Overtime Program
Teachers performing duties in the Overtime Program shall be paid twenty dollars ($20) per hour.
25.17 Saturday School
Teachers performing duties during Saturday School shall be paid twenty dollars ($20) per hour.
25.18 Staff Subbing for Administrator
Teachers designated to substitute for the building administrator during his/her workday shall be
paid sixteen dollars ($16) per hour to a maximum of one hundred dollars ($100) per day.
25.19 Staff Subbing for Staff
A teacher may be required to substitute during his/her workday. When required to substitute
during planning/preparation time, the teacher shall be reimbursed at a rate of twenty-five dollars
($25) per hour. Time will be paid by rounding up to the next quarter hour.
MGSD Teacher Handbook
Page 75
25.20 Supervision at Non-Athletic Events
Staff performing supervision duties at non-athletic events such as school dances shall be paid
thirty dollars ($30) per event.
25.21 Supervision at Non-Varsity Athletic Events
Staff performing supervision duties at non-varsity athletic events shall be paid thirty dollars ($30)
per event.
25.22 Supervision at Varsity Athletic Events
Staff performing supervision duties at varsity athletic events shall be paid thirty-three dollars and
fifty cents ($33.50) per event.
25.23 Summer School Teaching Pay
Teachers contracted to teach school summer school shall be paid at a rate of twenty-five dollars
($25) per hour.
25.24 Teachers Training Teachers
Teachers assigned to train other teachers/staff shall be paid fifty dollars ($50.00) per hour, not
including prep time, if the training is outside the individual teaching contract.
Teachers assigned to train other teachers/staff shall be paid forty dollars ($40) per hour, not
including prep time, if the training is performed within the individual teaching contract.
25.25 Teachers Training Parents
Teachers assigned to train parents shall be paid fifty dollars ($50) per hour, not including prep
time, if the parent training is held outside the individual teaching contract.
SECTION 26.
POST-EMPLOYMENT BENEFITS
Teachers retiring within five years of the end of the 2010-2011 school year will receive postemployment benefits as summarized in Appendix C. Post-employment benefits for other employees
have not yet been determined.
MGSD Teacher Handbook
Page 76
Appendix A:
Board Policies and Administrative Rules
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Board Policy 347 Student Records
Board Rule 347 Guidelines for Maintenance of Confidentiality of Student Records
Board Policy 454 Child Abuse/Neglect
Board Administrative Rule 454 Child Abuse/Neglect Definitions
Board Policy 511 Equal Employment Opportunities
Administrative Rule 512: Employee Harassment Procedures
Board Policy 522.3 Computer Network Use by Staff
Refer to Board Policy 522.7 Conflict of Interest
Board Policy 523.1 Staff Physical Exams
Board Policy 523.3 Employee and Family Assistance Program
Board Policy 524 Personnel Records
Board Policy 532.12 Encampment Leaves
Board Policy 532.13 Medical Leave of Absence
Board Policy 539.1 Tutoring
Board Policy 665 Fraud Prevention and Reporting
Administrative Rule 665 Fraud Prevention and Reporting Procedures.
Board Policy 723.1 Accident Reports
Board Policy 771 Copyright Compliance.
Board Policy 823 Procedures for Access to Public Records
Board Policy 851 Display and Distribution of Non-School Materials
Admin Rule 851 Guidelines for the Display and Distribution of Non-School Materials.
MGSD Teacher Handbook
Page 77
Board Policy 347
STUDENT RECORDS
Student records shall be maintained in the interest of the student to assist school personnel in providing
appropriate educational experiences for each student in the district.
The Board of Education recognizes the need for confidentiality of student records. Therefore, the district
shall maintain the confidentiality of student records at collection, storage, disclosure and destruction.
Student records shall be available for inspection or release only with prior approval of the
parent/guardian or adult student, except in situations where legal requirements specify release of student
records without such prior approval.
Building principals shall have primary responsibility for the collection, maintenance and dissemination
of student records in accordance with state and federal laws and established district guidelines.
The Monona Grove School District shall not discriminate against students on the basis of sex, race,
religion, national origin, color, ancestry, creed, pregnancy, marital or parental status, sexual orientation,
age, homeless status, handicap or physical, mental, emotional or learning disability.
LEGAL REFERENCES:
Sections 115.812(2) Wisconsin Statutes
118.125
118.126
118.127
118.51
118.52
146.81 - 146.84
252.15
767.24(7)
938.396
Family Educational Rights and Privacy Act (20 USC Section
1232g, 34 CFR Part 99)
McKinney-Vento Homeless Education Assistance Act
Individuals with Disabilities in Education Act
No Child Left Behind Legislation
CROSS REFERENCES:
Board Rule 347, Guidelines for the Maintenance and
Confidentiality of Student Records
Board Exhibit 347 (1), Directory Data Declaration Form
Board Exhibit 347 (2), Request to Withhold Directory Data
Board Policy 823, Access to Public Records
Board Policy 882, Military Recruitment
BOARD APPROVAL:
October 11, 2006
MGSD Teacher Handbook
Page 78
Board Rule 347
GUIDELINES FOR THE MAINTENANCE AND CONFIDENTIALITY OF STUDENT
RECORDS
A.
Definitions
Student records means any material on which written, drawn, printed, spoken, visual, or
electromagnetic information is recorded or preserved regardless of physical form or
characteristics, that are directly related to individual students and are maintained by the district,
other than: (1) notes or records maintained for personal use by teachers or other certified
personnel which are not available to others; and, (2) records necessary for and available only to
persons involved in the psychological treatment of a student.
1.
“Progress records” maintained by the school include the student’s grades, a statement of
the courses the student has taken, the student’s attendance record, records of the student’s school
extracurricular activities and the student’s immunization records.
2.
“Behavioral records” maintained by the school include psychological tests, personality
evaluations, records of conversations, any written statements relating specifically to an
individual student’s behavior, tests relating specifically to achievement or measurement of
ability, student physical health records other than his/her immunization records, law enforcement
records and any other student records which are not progress records.
a.
“Law enforcement records” are records and other information obtained from a
law enforcement agency, including those relating to: (1) the use, possession or
distribution of alcohol or a controlled substance by a student enrolled in the district; (2)
the illegal possession of a dangerous weapon by a child; (3) an act for which a district
student was taken into custody based on the law enforcement officer’s belief that he/she
violated or was violating certain specified laws; and, (4) the act for which a juvenile
enrolled in the district was adjudged delinquent. The law enforcement agency may
provide such record information to the district on its own initiative or on the request of
the Superintendent or designee, subject to the law enforcement agency’s official policy.
Once the record information is received, the student named in the records and the
parent/guardian of any minor student named in the records shall be notified of the
information
b.
“Court records” include those records received from a court clerk concerning a
juvenile enrolled in the district who: (1) has had a petition filed with a court alleging that
he/she has committed a delinquent act that would be a felony if committed by an adult;
(2) has been adjudged delinquent; (3) has school attendance as a condition of his/her
court dispositional order; or (4) has been found to have committed a delinquent act at the
request of or for the benefit of a criminal gang that would be a felony if committed by an
adult, and has been adjudged delinquent on that basis.
c.
Under the rules implementing Chapter 115, Subchapter V, PI 11 of the
Wisconsin Administrative Code and Section 504 of the Rehabilitation Act of 1973, the
student behavioral records include referral information, notices and forms; signed
parental consent or refusal for evaluation; individualized education program (IEP) team
MGSD Teacher Handbook
Page 79
evaluations; individual reports and IEP team findings and reports; IEPs; accommodation
plans, placement decisions and signed parental consent or refusal; medical evaluations
and prescriptions required to substantiate health treatment services; medical evaluations
used to substantiate a disabling condition; and physician’s statement required for
provision of special education homebound instructional services.
3.
“Student physical health records” maintained by the school include basic health
information about a student, including the student’s immunization records, an emergency
medical card, a log of first aid and medication administered to the student, an athletic permit
card, a record concerning the student’s ability to participate in an education program, the results
of any routine screening test such as for hearing, vision or scoliosis, and any follow up to such
test, and any other basic health information as determined by the State Superintendent of Public
Instruction.
4.
“Patient health care records” maintained by the school include all student records
relating to the health of a student prepared by or under the supervision of a health care provider
which are not included in the “student physical health record” definition above. These student
records shall be treated as patient health care records under 146.81 to 146.84 of the state statutes.
Such records include information required under section 146.82 of the state statutes but not those
records subject to section 51.30 of the state statutes which identifies services for mental illness,
developmental disabilities, alcoholism or drug dependence.
5.
“Directory data” as designated by the Board includes a student’s name, address,
telephone listing, date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of athletic teams, dates of
attendance, degrees and awards received, photographs and the name of the school most recently
attended by the student.
B.
Access Rights Regarding Student Progress and Behavioral Record Information
1.
Parent/Guardian and Adult Student Access to Student Records
a.
b.
c.
d.
A student or the parent/guardian of a minor student shall, upon request, be
shown and provided with a copy of the student’s progress records.
An adult student or the parent/guardian of a minor student shall, upon request,
be shown the student’s behavioral records in the presence of a person qualified
to explain and interpret the behavioral records (i.e., special education designee
for student records of a student with disabilities; building principal for other
student behavioral records). Such student or parent/guardian shall, upon request,
be provided with a copy of the behavioral records.
The Board may disclose personally identifiable information from the student
records of an adult student to the parent/guardian of the adult student without
the written consent of the adult student if the adult student is a dependent of
his/her parent/guardian for tax purposes unless the adult student has informed
the school, in writing, that the information may not be disclosed.
In the case of divorced or separated parents, it shall be assumed that either
parent may exercise the rights granted parents under these rules unless legal
evidence shows that a parent has been denied periods of physical placement
MGSD Teacher Handbook
Page 80
e.
f.
g.
h.
i.
2.
with the child. The school assumes no responsibility for release of such student
records unless the school has been notified of these restrictions. The mere
awarding of custody to one parent shall not preclude the parent not having
custody from being granted access to the student’s records.
The district shall respond to requests for student records as soon as practicable
and without delay, and in no case more than 45 calendar days after the request is
made. Reasonable efforts shall be made to provide the student records within 10
business days after the request is made.
A list of the types and locations of student records collected, maintained or used
by the district shall be provided to parents/guardians upon request.
If any student record includes information on more than one child, a
parent/guardian shall have the right to inspect and review only the information
relating to his/her child or to be informed of that specific information.
When a transcript is requested for application to postsecondary institutions or
for employment, such transcripts shall include the student’s grades, courses,
attendance record, class rank and extracurricular activities. (A copying fee may
be assessed.)
For purposes of Board policy and these procedures, adult students have all the
rights afforded to parents/guardians concerning their own student records.
Access to Progress and Behavioral Records by Persons Other Than Parents/Guardians or
Adult Students
The district shall provide access to a student’s progress or behavioral records in the
following situations:
a.
The judge of any court of Wisconsin or of the United States shall, upon request,
be provided by the Board Clerk or designee with a copy of all progress records
of a student who is the subject of any proceeding in such court.
b.
In response to a court order, the district shall provide to the court the names of
all persons known by the district to be dropouts and who reside within the
county in which the circuit court or the municipal court is located.
c.
A law enforcement agency shall be provided a copy of a student’s attendance
record if the law enforcement agency certifies in writing that the student is
under investigation for truancy or for allegedly committing a criminal or
delinquent act and that the law enforcement agency will not further disclose the
student’s attendance record information except as permitted by law. When a
student’s attendance record is disclosed to a law enforcement agency for
purposes of truancy, the student’s parent/guardian shall be notified of that
disclosure as soon as practicable after the disclosure.
d.
A fire investigator shall be provided a copy of a student’s attendance record if
the fire investigator certifies in writing that: (1) the student is under
investigation for arson; (2) the student’s attendance record is necessary for the
fire investigator to pursue his/her investigation; and (3) the fire investigator will
MGSD Teacher Handbook
Page 81
e.
f.
use and further disclose the student’s attendance record only for the purpose of
pursuing that investigation.
If school attendance is a condition of a student’s dispositional order under
section 48.355(2)(b)7 or 938.355(2)(b)7, the Board shall notify the county
department that is responsible for supervising the student within five days after
any violation of the condition by the student.
Student records shall be made available to school officials who have been
determined by the Board to have legitimate educational interests, including
safety interests, in such records. A “school official” is a person employed by the
district who is required by the Department of Public Instruction (DPI) to hold a
license; a person who is employed by or working on behalf of the district as an
administrator, supervisor, instructor or support staff member (including health
or medical staff and police-school liaison personnel); a person serving on the
Board; a person or company with whom the district has contracted to perform a
specific task (such as an attorney, auditor, medical consultant or therapist); or a
parent/guardian or student serving on an official committee such as a
disciplinary or grievance committee, or assisting another school official in
performing his/her tasks. A school official has a “legitimate educational
interest” if the official needs to review a student record in order to fulfill his/her
professional or district responsibility.
(1)
Law enforcement records received by the district may be made available
to district employees who are required by the DPI to hold a license and
other school officials determined to have legitimate educational
interests, including safety interests, in the information. If law
enforcement record information obtained by the district relates to a
district student, the information may also be disclosed to those district
employees who have been designated by the Board to receive that
information for the purpose of providing treatment programs for district
students. The information may not be used as the sole basis for
suspending or expelling a student from school, or as the sole basis for
taking any other disciplinary action against a student, including action
under the district’s extracurricular activity code of conduct.
(2)
Court records obtained by the district must be disclosed to district
employees who work directly with the juvenile named in the records or
who have been determined by the Board to have legitimate educational
interests, including safety interests, in the information. An employee
cannot further disclose the information, and the information cannot be
used as the sole basis for suspending or expelling a student from school.
(3)
The district shall disclose student records to a law enforcement agency,
district attorney, city attorney, corporation counsel, and agency as
defined 938.067, court of record, municipal court, private school or
another school board under the following circumstances:
MGSD Teacher Handbook
Page 82
(i)
(ii)
(iii)
g.
the disclosure is for the purpose of providing services to a
student before adjudication;
the disclosure is pursuant to an interagency agreement,
the person to whom the student records are disclosed certifies in
writing that the student records will not be disclosed to any
other person except as permitted by law.
Upon the written permission of an adult student or the parent/guardian of a
minor student, the school shall make available to the person named in the
permission form (e.g., prospective employer, school, college) the student’s
progress records or such portion of his/her behavioral records as determined by
the person authorizing the release.
(1)
Law enforcement records may not be made available under paragraph g.
unless specifically identified by the adult student or by the
parent/guardian of a minor student in the written permission form.
(2)
Paragraph g. shall be followed prior to the release of student records to:
(i)
(ii)
Officials of participating agencies providing or paying for
transition services for a child with a disability; and
The local school district in which a child with a disability is
enrolled in a private school, or plans to enroll in private school.
h.
Student records shall be provided to a court in response to a subpoena by parties
to an action for in camera inspection, to be used only for purposes of
impeachment of any witness who has testified in the action. The court may turn
said records or parts thereof over to parties in the action or their attorneys if said
records would be relevant and material to a witness’s credibility or competency.
i.
The district may provide the DPI or any public officer with information required
under Chapters 115 to 121 of the state statutes. Upon request, the Board shall
provide the DPI with any student record information that relates to an audit or
evaluation of a federal- or state-supported program or that is required to
determine compliance with state law provisions.
j.
Information from a student’s immunization records shall be made available to
the Department of Health and Family Services to carry out immunization
requirements.
k.
Upon request, the Board Clerk or designee shall provide the names of students
who have withdrawn from school prior to graduation to the technical college
district board in which the public school is located or, for verification of
eligibility for public assistance, to the Department of Health and Family
Services, the Department of Workforce Development or a county department
under sections 46.215, 46.22 or 46.23 of the state statutes.
MGSD Teacher Handbook
Page 83
l.
A student’s records shall be disclosed in compliance with a court order under
sections 48.236(4)(a), 48.345(12)(b), 938.34(7d)(b), 938.396(1)(d) or
938.78(2)(b)2 of the state statutes after a reasonable effort has been made to
notify the student’s parent/guardian.
m.
Notwithstanding their confidential status, student records may be used in
suspension and expulsion proceedings and by the IEP team in accordance with
state and federal law.
n.
The district may disclose student records to appropriate parties in connection
with an emergency if knowledge of the information is necessary to protect the
health or safety of any individual.
o.
The district shall provide, on a request made by military recruiters or institutions
of higher education, access to secondary school students’ names, addresses, and
telephone listings. A secondary school student or the parent/guardian of a
student may request that the student’s name, address, and telephone listing not
be released to military recruiters or institutions of higher education without prior
written parental consent. The district shall notify parents/guardians of the
option to make a request and shall comply with any request. The district shall
provide military recruiters the same access to secondary school students and
student directory data about such students as is provided to post-secondary
schools or prospective employers.
p.
Annually, on or before August 15, the district shall report to the appropriate
community services boards established under sections 51.42 and 51.437 of the
state statutes the names of students who reside in the district, who are 16 years
of age or older, who are not expected to be enrolled in an educational program
two years from the date of the report and who may require services under
sections 51.42 or 51.437 of the state statutes (community mental health,
development disabilities, alcoholism and drug abuse). The district shall obtain
appropriate releases of information to transfer information to community
services boards.
q.
The district shall, upon request, provide student disciplinary records necessary
for purposes of student enrollment in another public school district as permitted
by law. These records may include:
(1)
A copy of any expulsion findings and orders or records of any pending
disciplinary proceedings involving the student;
(2)
A written explanation of the reasons for the expulsion or pending
disciplinary proceedings; and
(3)
The length of the term of the expulsion or the possible outcomes of the
pending disciplinary proceedings.
MGSD Teacher Handbook
Page 84
3.
r.
Information from a student’s lead screening records shall be made available to
state and local health officials to carry out lead screening requirements.
s.
The district shall, upon request, disclose the contents of student records to
Family Services, the Department of Justice, or a district attorney for use in the
prosecution of any proceeding or any evaluation under chapter 980 of the state
statutes (sexually violent person commitments), if the student records involve or
relate to an individual who is the subject of the proceeding or evaluation.
Release of Patient Health Care Records
All patient health care records shall remain confidential. They may be released only to
persons specifically designated in state law or to other persons with the informed
consent of the patient or a person authorized by the patient. Patient health care records
may be released upon request without informed consent to a district employee or agent,
with regard to patient records maintained by the district in which he/she is employed or
is an agent, if any of the following apply:
a.
The employee or agent has responsibility for the preparation or storage of
patient health care records.
b.
Access to patient health care records is necessary to comply with a requirement
in federal or state law.
c.
The life or health of the patient appears to be in danger and the information
contained in the patient’s health care records may aid the person in rendering
assistance.
A health care provider (for example, school nurse) or any other person acting under the
supervision of that person has authority to release patient health care record information
to the extent authorized by law.
Any record that concerns the results of a test for the presence of HIV or antibody to HIV
(the virus which causes acquired immunodeficiency syndrome - AIDS) shall be
confidential and may be disclosed to other persons only with the informed consent of the
test subject.
For purposes of these procedures, “informed consent” means written consent that
includes all of the following information: (a) the name of the student whose record is
being disclosed; (b) the specific type of information to be disclosed; (c) the name of the
person(s) making the disclosure; (d) the purpose of the disclosure; (e) the individual,
agency or organization to which disclosure may be made; (f) the signature of the
student, if an adult, or the parent/guardian of a minor student; (g) the date on which the
consent is signed; and, (h) the time period during which the consent is effective.
C.
Release of Directory Data
MGSD Teacher Handbook
Page 85
Except as provided below, directory data may be disclosed to any person if the district has: (1)
notified the parent, legal guardian or guardian ad litem of the categories of information which it
has designated as directory data with respect to each student; (2) informed such persons that they
have 14 days to inform the school that all or any part of the directory information may not be
released without their prior consent; and, (3) has allowed 14 days for the parent, legal guardian
or guardian ad litem to inform the school, in writing, that all or any part of the directory data
may not be released. Parents, legal guardians or guardians ad litems can restrict the release of
student directory data at any time.
D.
1.
If the district has followed the notification procedure outlined above, and the parent,
legal guardian or guardian ad litem does not object to the directory data being released,
the Board Clerk or his/her designee shall, upon request, provide the name and address of
each student expected to graduate from high school in the current school year to the
technical college district board.
2.
If the district has followed the notification procedure outlined above, and the parent,
legal guardian or guardian ad litem does not object to the directory data being released,
the Board Clerk or his/her designee shall, upon request, provide any representative of a
law enforcement agency, city attorney, district attorney or corporation counsel, county
department under sections 46.215, 46.22 or 46.23 of the state statutes or a court of
record or municipal court with such directory data information relating to any such
student enrolled in the district for the purpose of enforcing that student’s school
attendance, to respond to a health or safety emergency or to aid in the investigation of
alleged criminal or delinquent activity by a student enrolled in the district.
3.
Administrators have the discretion to refuse the release of individual student phone
numbers and addresses for the safety of the student, except as provided in paragraph
B.2.o. of this policy.
Release of Alcohol and Drug Use Information
A school psychologist, counselor, social worker and nurse and any teacher or administrator
designated by the Board who engages in alcohol or drug abuse program activities shall keep
confidential information received from a student that the student or another student is using or is
experiencing problems resulting from the use of alcohol or other drugs unless:
1.
The student using or experiencing problems resulting from the use of alcohol or other
drugs consents in writing to disclosure of the information;
2.
The person has reason to believe that there is serious and imminent danger to the health,
safety or life of any person and that disclosure of the information to another person will
alleviate the serious and imminent danger. No more information than is required to
alleviate the serious and imminent danger may be disclosed; or
3.
The information is required to be reported under the state’s child abuse reporting law.
E. Computerized Data Banks
MGSD Teacher Handbook
Page 86
Computerized data banks pose special problems of maintenance, security and access.
Procedures developed for dealing with computerized data banks shall be in accord with the
following principles:
1.
There shall be no personal data record keeping system whose very existence is secret.
2.
An adult student or parent/guardian of a minor student may inquire with the guidance
counselor of the school in which the child attends as to what information about the
student is in a student record and how it is used.
3.
An adult student or parent/guardian of a minor student may ask that the district correct
or amend any student record of identifiable information about the student. (See section I
below.)
4.
Any organization creating, maintaining, using or disseminating directory data must
assure the data is used appropriately and must take precautions to prevent misuse of the
data. These organizations may not use the data except for the stated purposes of intended
use. Any deviation from the stated use shall require written permission from the Monona
Grove School District and from the adult student or parent/guardian of the minor student
involved.
F. Transfer of Student Records
1.
G.
All student records relating to a specific student shall be transferred to another school or
school district upon receipt of written notice from:
a.
Another school or school district that the student has enrolled;
b.
An adult student, or the parent/guardian of a minor student, that the student
intends to enroll in the other school or school district; or
c.
A court that the student has been placed in a juvenile correctional facility or
secured residential care center for children and youth.
2.
Student records shall be sent within five working days of receiving the written notice.
3.
When a student transfers from the district, an information card, copy of the written
notice and transfer form shall be kept on file in the school and District Office.
Information to be kept on the card should include the student’s name, names and
addresses of the student’s parents/guardians, dates of attendance, grade level, where and
when the student transferred and written notification
Maintenance of Student Records
1.
While enrolled in the district, all student records shall be maintained in the school
building of attendance. In the elementary school, the teacher is primarily responsible for
the compilation of data for the student record. In the secondary schools, the staff and
administrators shall work cooperatively with the guidance counselors in maintaining the
MGSD Teacher Handbook
Page 87
permanent student record folder. Nurses and other specialists may add data to the
student record with the approval of the building principal or designee.
2.
Patient health care records and law enforcement records shall be maintained separately
from a student’s other student records.
3.
All student records shall be maintained in locked files. Files stored in a computerized
data base shall be secured through the installation of firewalls and other technologybased security systems.
4.
Student records may be reviewed at any time by the building principal or his/her
designee. Student records that have been maintained by the district for at least one (1)
year and are deemed inaccurate, irrelevant and/or inappropriate within the confines of
these procedures may be destroyed by the building principal or designee unless there is
an outstanding request for inspection and review or destruction is otherwise restricted by
paragraph H of this policy. Any explanation of the student records placed in a student’s
file must remain as part of the student record as long as the student record is maintained
by the district. Any explanation contained as a part of the student’s records must be
disclosed with the student record in question.
5.
Data on the student records shall be kept current and correct and shall be reviewed by
the homeroom teacher, the guidance counselor and the building principal at the end of
the second and fifth grades before transfer to the next school. This review procedure
shall be repeated at the end of the eighth grade and at the end of the 12th grade by the
appropriate guidance counselor. Building principals or their designees shall be
responsible for the routine transfer of student records from building to building as a
student progresses through the district.
6.
The building principal shall have primary responsibility for maintaining the
confidentiality of all student records kept at that school. All requests for inspection or
transfer to another school or school district shall be directed to the building principal
who shall determine whether inspection or transfer is permitted under these guidelines.
Confidentiality provisions regarding student records apply to information maintained in
record form and oral exchanges regarding the contents of such student record
information.
a.
The Superintendent shall develop a list of authorized and qualified persons to
work with student records of students with disabilities. Such lists shall be made
available to parents/guardians and shall also be posted in various convenient
places within the district. The names of staff persons having authority or
responsibility regarding student records of students with disabilities shall be
listed according to the following three levels of involvement:
(1)
MGSD Teacher Handbook
Those staff who are authorized to handle student records from the
standpoint of student record processing;
Page 88
b.
(2)
Those staff persons who have authority and responsibility for reviewing
and working on student records of disabled students from the standpoint
of making professional judgments; and
(3)
Those staff persons who have authority to release information.
Each building principal shall be responsible for keeping an accurate record of all
requests for access to and each disclosure of personally identifiable information
from the student records of a student, except when the request is from or the
disclosure is to the following person/party:
(1)
(2)
(3)
(4)
(5)
The parent/guardian or adult student;
A school official;
A party with written consent from the parent/guardian or adult student;
A party seeking directory data; or
A party seeking or receiving the student records as directed by a federal
grand jury or other law enforcement subpoena and the issuing court or
other issuing agency has ordered that the existence or the contents of the
subpoena or the information in response to the subpoena not be
disclosed.
This record of access shall include the following:
(1)
(2)
(3)
(4)
A written record of requests for access to/copies of student records.
A record of persons/agencies granted access.
The date of access to information.
The purpose of access.
The record of access shall be maintained with such student’s records.
The record of access may be inspected by the student’s parent/guardian.
H.
Destruction of Student Records
1.
The special education designee shall be responsible for reviewing student records of
students with disabilities. Information that is no longer needed to provide educational
services to the disabled student shall be destroyed after one month notification to the
parents/guardians.
2.
All behavioral records shall be destroyed one year after the student graduates or last
attends school, except with written parent/guardian or adult student permission to retain
them for a longer period of time. Where such permission is received, behavioral records
shall be maintained for the time period specified in the written permission or, if no such
time period is noted, for as long as the district’s needs require.
3.
Under the record retention requirements of the General Education Provisions Act
(GEPA), the district must maintain special education records (IEP team reports, IEPs
and placement offers) to show compliance with the requirements of the Individuals with
MGSD Teacher Handbook
Page 89
Disabilities Education Act (IDEA) for at least five years. When a student graduates or
otherwise ceases to be enrolled in the district, the district shall obtain permission from
the parent/guardian or adult student to retain the student records for at least five years
for audit purposes.
4.
I.
Student progress records shall be destroyed 30 years after the student ceases to be
enrolled in the district.
Right to Challenge and/or Request Amendment of Student Records
An adult student, or the parent/guardian of a minor student has the right to request the
amendment of the student’s school records if he/she believes the student records are inaccurate,
misleading or otherwise in violation of the student’s privacy rights. Such requests shall be made
in writing directly to the building principal or Superintendent in the event the student is no
longer enrolled in the district. The written request shall: (a) set forth the specific portion of the
student record claimed by the challenger to be in error, inaccurate, misleading or otherwise in
violation of the student’s privacy rights; and, (b) state the modifications requested in respect
thereto.
1.
If the request is made to a building principal, the principal shall confer with the
Superintendent regarding the request.
2.
The Superintendent, either from the information provided to him/her by the building
principal or from the individual’s direct request to him/her, shall make a written
response to the adult student or parent/guardian. This response shall be within 15
business days of the receipt of the written challenge by the building principal or
Superintendent.
3.
If the adult student, or parent/guardian of a minor student does not deem the response of
the Superintendent sufficient to remedy the challenge, he/she may make a written
request for a hearing before the Board regarding the original challenge. This request
shall be directed to the Superintendent within 15 business days of receipt of the
Superintendent’s response.
4.
The district shall, upon receipt of the request for a hearing, arrange for a hearing to be
held before the Board within a reasonable time following receipt of the request. The
parent or student shall be sent notice of the date, time, and place in advance of the
hearing. Reasonable efforts will be made to provide not less than five (5) days notice of
the hearing.
5.
The Board shall conduct the hearing to provide a full and fair opportunity, including
taking evidence, allowing assistance to the parent/guardian, making its written findings,
conclusion and order based upon the evidence submitted at the hearing, and notifying
the adult student or the parent/guardian of a minor student in writing, of such findings,
conclusion and decision following the conclusion of the hearing.
6.
If, as a result of the hearing, the Board decides that the information is inaccurate,
misleading or otherwise in violation of the privacy rights of the student, it shall amend
MGSD Teacher Handbook
Page 90
the information accordingly and inform the adult student or parent/guardian of a minor
student of such amendment.
J.
7.
If, as a result of the hearing, the Board decides that the information is not inaccurate,
misleading or otherwise in violation of the privacy rights of the student, it shall inform
the adult student or parent/guardian of a minor student of the right to place in the student
records it maintains on the student, a statement commenting on the information or
setting forth any reasons for disagreeing with the decision of the Board.
8.
The Board shall require that any explanation placed in the student records of a student
be maintained by the district as part of the student records as long as the student record
or the contested portion is maintained by the district. If the student records of the
student, or the contested portion are disclosed by the district to any party, the
explanation shall also be disclosed to that party.
Complaints Regarding Alleged Noncompliance with Federal Requirements
Adult students or parents/guardians of minor students may file a complaint with the Family
Policy Compliance Office of the U.S. Department of Education for alleged district
noncompliance with requirements of the federal Family Educational Rights and Privacy Act
(FERPA). Complaints should be addressed to:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605.
K.
Annual Notice
Parents/guardians and adult students shall be notified annually of the following: (1) any major
child find activity; (2) their rights to inspect, review and obtain copies of student records; (3) the
existence of the student records policy and procedure and where copies may be obtained; (4) the
categories of student record information which have been designated as directory data and their
right to deny the release of such information; (5) their rights to consent to the disclosure of the
student’s school records, except to the extent state and federal law authorizes disclosure without
consent; (6) their rights to request the amendment of the student’s school records if they believe
the records are inaccurate, misleading or otherwise in violation of the student’s rights of privacy;
and, (7) their right to file a complaint with the Family Policy Compliance Office of the U.S.
Department of Education.
The notice shall be published in the official newspaper. A notice shall be sent individually in the
language of the parent/guardian or student if a language other than English is necessary to
communicate notice.
When a student transfers into the district after the above notice has been given, the student and
his/her parent/guardian shall receive a copy of the notice at the time and place of enrollment.
MGSD Teacher Handbook
Page 91
CROSS REFERENCE:
LEGAL REFERENCE:
BOARD APPROVAL: September 13, 2006
MGSD Teacher Handbook
Page 92
Board Policy 454
CHILD ABUSE/NEGLECT
The Board recognizes that the community views the school as being a valuable social resource and is
considered by many to be second only to the family in its potential for ongoing and thorough
involvement in the lives of children and youth. School personnel are seen as being in a key position to
identify children suspected or known to be abused and/or neglected. As required by state law, school
personnel shall report any suspected incident to the appropriate agency (see below). In this regard, both
prevention and intervention services shall be provided by the district in an effort to better ensure the
health, welfare and/or safety of students.
1. Prevention
It is the Board’s belief that children should be empowered with the adaptive skills necessary to prevent
and halt abusive and neglectful situations. Educators spend more time with children than any other
professional group in society. Schools, through a coordinated, well-developed curriculum program, can
most effectively ensure that appropriate information is provided to a large number of children of all ages.
A protective behaviors curriculum that begins with kindergarten children and goes through high school
must be particularly sensitive to the specific developmental needs of each age group with which it deals.
In developing a program to address the problem of child abuse and neglect in society, the Board
recognizes that the sensitive nature of the topic calls for a cooperative effort between parents/guardians,
schools and community agencies.
The implementation of a protective behaviors program is directed at increasing awareness and
prevention skills of all students. While parents/guardians and society have primary responsibility for
childcare, children also need to have information about the world around them in order to help care for
themselves.
In order for educators and the district to effectively implement a protective behaviors curriculum, school
personnel must be knowledgeable and comfortable about the subject. Inservicing shall be provided by
the district on an on-going basis.
The district’s protective behaviors program shall be under the direction of the pupil services department.
a. Intervention
Any social worker, teacher, nurse, psychologist, administrator or counselor, physical therapist,
occupational therapist or speech therapist having reasonable cause to suspect that a child seen in the
course of professional duties has been abused or neglected or having reason to believe that a child seen
in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect
of the child will occur, shall immediately report said incidents to the Dane County Department of Social
Services or sheriff or police department and inform it of the facts and circumstances. School personnel
shall not contact the child’s family or any other person to determine the cause of any suspected abuse
and/or neglect. If the reporter has reason to suspect that the child is in immediate physical danger, the
reporter may request an immediate investigation by the sheriff or police department.
Any person participating in good faith in the making of a report shall have immunity from liability, civil
or criminal, that result by reason of the action. For the purpose of any proceeding, civil or criminal, the
good faith of any person reporting shall be presumed. In addition, no person making a referral may be
discharged from employment for so doing.
MGSD Teacher Handbook
Page 93
The Board recognizes that, while there is protection from liability for making good faith reports of
suspected abuse and/or neglect, whoever willfully violates state law by failure to report as required, may
be fined not more than $1,000 or imprisoned not more than six months or both.
The district shall maintain as confidential any and all information pertaining to the suspected child abuse
or neglect report and to share that information only with those individuals provided for under state law.
Staff members who divulge such information to an unauthorized person or persons are subject to
disciplinary action by the district and may be fined not more than $1,000 or imprisoned not more than
six months or both.
The district shall conduct review sessions for all district employees required to make a child
abuse/neglect report regarding this policy on a yearly basis.
Referral information shall not become part of the student’s records. All referrals shall be confidential,
except as otherwise provided by state law.
LEGAL REFERENCES:
Sections 48.981 Wisconsin Statutes
118.01(2)(d)8
940.225
940.227
944.30
948.02
948.025
948.05
948.055
948.10
CROSS REFERENCE: Administrative Rule 454, Child Abuse/Neglect Definitions
BOARD APPROVAL: May 14, 2003
MGSD Teacher Handbook
Page 94
Administrative Rule 454
CHILD ABUSE/NEGLECT DEFINITIONS
Abuse includes physical injury, sexual abuse as defined below and conduct causing emotional damage.
Physical injury means injury inflicted on a child by other than accidental means. Physical injury
includes, but is not limited to, lacerations, fractured bones, burns, internal injuries, severe or frequent
bruising or great bodily harm.
Sexual abuse means:
1.
2.
3.
4.
5.
Sexual intercourse or sexual assault
Sexual exploitation of a child
Permitting, allowing or encouraging a child to engage in prostitution
Causing a child to view or listen to sexual activity
Causing a child to expose genitals or pubic area or exposing genitals or pubic area to a child
Emotional damage means harm to a child’s psychological or intellectual functioning. Emotional damage
may be exhibited by severe anxiety, depression, withdrawal or aggression, substantial and observable
change in the child’s behavior or in emotional responses or learning incompatible with the child’s age or
stage of development.
Neglect is the failure, refusal or inability by the child’s parent/guardian, legal custodian or other person
exercising temporary or permanent control over the child, for reasons other than poverty, to provide
necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical
health of the child
APPROVED BY THE SUPERINTENDENT: May 14, 2003
MGSD Teacher Handbook
Page 95
Board Policy 511
EQUAL EMPLOYMENT OPPORTUNITIES
The Monona Grove School District is an equal opportunity employer. Personnel hiring and
administration in the district shall be conducted so as not to discriminate against an applicant or
employee on the basis of race, color, sex, age, homeless status, handicap, national origin, marital status,
ancestry, arrest or conviction record, political or religious affiliation, sexual orientation, disability,
citizenship, creed, membership in the national guard, state defense force or any other United States or
Wisconsin reserve component of the military forces or use or nonuse of a lawful product off school
premises during nonworking hours or any other reason prohibited by state or federal law.
Reasonable accommodations shall be made for qualified individuals with a disability or handicap, unless
such accommodations would impose an undue hardship to the district.
Procedures shall be maintained to ensure nondiscrimination and to respond to complaints.
LEGAL REFERENCES:
Title IX, Education Amendments of 1972
Titles VI and VII, Civil Rights Act of 1964
Section 504, Rehabilitation Act of 1973
Age Discrimination Act of 1967
Americans with Disabilities Act of 1990
Immigration Reform and Control Act
Civil Rights Act of 1991
Sections 111.31 – 111.395 Wisconsin Statutes
118.195
118.20
McKinney-Vento Homeless Education Assistance Act
BOARD APPROVAL:
March 12, 2003
MGSD Teacher Handbook
Page 96
EMPLOYEE HARASSMENT PROCEDURES
Administrative Rule 512
Harassment of school district employees or by school district employees in the school setting will not be
tolerated.
It is considered the responsibility of all school officials, administrators, students, school district
employees, volunteers and other community members to report any acts of harassment to a school
official. Employees who participate in, allow, or knowingly fail to enforce this policy will be subject to
disciplinary action per administrative contract or current bargained agreements.
Incidents of harassment must be reported in a timely manner. Filing a report in good faith will not
reflect upon the status of any individual. The district shall endeavor to keep the complaint confidential
for both the accused and the accuser until such time as the misconduct is confirmed and sanctions are
imposed and even at that time confidentiality restrictions may limit the availability of information to all
parties.
(i)
(ii)
Employee Harassment Reporting, Complaint, Investigation
And Disciplinary Procedures
1)
A school district employee who believes he/she has been subjected to harassment or participated
in an act of harassment should report the incident immediately to his/her supervisor, a building
principal, the Director of Instruction or the Superintendent. The employee is encouraged to
make the report to his/her supervisor however the relationship of the individual or their gender
may be a factor in determining to whom the employee will report.
2)
Reports regarding employee harassment or employee involvement in harassment shall be made
verbally or in writing
3)
The report will than be entered in writing on the standard complaint form by the recipient of the
report. It is recommended that when possible, the initial report be made in writing and that the
written report, with other relevant information, be provided to the employee’s supervisor, a
building principal, the Director of Instruction or the Superintendent. All employee complaints
will also be filed with the Director of Instruction.
4)
Once a harassment report has been documented as a complaint and a copy received by the
Director of Instruction, within five (5) school days of that documentation the individual
reporting harassment will receive a written acknowledgment from the District Office that the
complaint has been received unless Administration determines and documents that additional
time is needed or as determined by the Collective Bargaining Agreement.
5)
Each complaint will be thoroughly investigated within fifteen (15) school days after
documentation of the incident in the complaint form, unless Administration determines and
documents that additional time is needed to conduct the investigation or as determined by the
Collective Bargaining Agreement. The Principal in the building where the incident occurred or
other designated administrator shall conduct the investigation and provide a written summary.
6)
If the investigation reveals that the complaint is valid, prompt action designed to curtail the
harassment and to prevent its recurrence will be taken. If appropriate and/or as required by law,
MGSD Teacher Handbook
Page 97
the matter will also be reported to the appropriate social service or law enforcement agency and
all statutory requirements shall be met.
7)
The administrative recommendations regarding resolution shall be documented and forwarded to
the Superintendent.
Review/Appeal Procedures
If the complaining party is dissatisfied with the decision of the investigating party, the matter may be
appealed in writing to the Superintendent. The Superintendent shall review the appeal and may, if
appropriate, conduct a further investigation into the matter. The Superintendent shall render a decision
with respect to the appeal within ten (10) working days following receipt of the appeal.
Documenting and Analyzing Employee Harassment Complaints
Records of employee harassment complaints will be compiled annually by the Director of Instruction for
appropriate agency reports and included in the annual District Assessments. Annual reports will be
presented to the School Board for use in development of prevention programs and/or modifications of
this and other related policies. The annual report will be made available to the public upon request
LEGAL REFERENCES: Sections 111.31 – 111.395 Wisconsin Statutes
111.32(13)
111.36
118.01(2)(d)8 (Personal Development)
118.13 (Student Non-discrimination)
118.195
118.20
120.13(1)
947.0125 (Email Harassment)
PI 9, Wisconsin Administrative Code
Title IX, Education Amendments of 1972
Title VI and VII, Civil Rights Act of 1964
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Individuals with Disabilities Education Act
Immigration Reform and Control Act
Civil Rights Act of 1991
McKinney-Vento Homeless Education Assistance
Act
CROSS REFERENCES: Board Policy 113 Sexual Harassment
Administrative Rule 113 Harassment Complaint Procedure
Board Policy 253.1 Development of Administrative Rules
and Regulations
Board Policy 354.1 Adult School Volunteers
Board Rule 411 Discrimination Complaint Procedures
Board Policy 411.1 Student Harassment
Administrative Rule 411.1 Student Harassment Complaints
Board Policy 411.12 Bullying
MGSD Teacher Handbook
Page 98
Board Policy 510 Personnel Policies Goals
Board Policy 511 Equal Employment Opportunities
Board Policy 525 Handling Staff Grievances
Employee Agreements
BOARD APPROVAL: September 9, 2009
MGSD Teacher Handbook
Page 99
Board Policy 522.3
COMPUTER NETWORK USE BY STAFF
The Monona Grove School District computer network is an educational tool owned by the district. The
computer network includes all systems (including connections to external networks, i.e., the Internet),
processors, peripherals, equipment, supplies and electronic transmissions under the administration of and
owned by the Monona Grove School District.
The computer network exists to provide students access to educational resources around the world and to
gain valuable computer skills and to enable staff to accomplish their work more effectively. The use of
the network is a privilege and not a right. As with all privileges, abuses will not be tolerated and the
privilege of using the district’s computer network may be suspended without notice.
The computer network may not be used for personal purposes. The district’s computer network may only
be used for school purposes including curricular and extracurricular school activities. Further, staff
should not assume that any of their work or activities on the computer network is private. Staff should be
aware of the following:
1.
2.
3.
4.
5.
Staff use of the computer network may be electronically monitored. The district reserves the
right to monitor, access, remove and disclose any message or document created, archived,
stored, received, deleted, looked at or sent with the district’s computer network, without prior
notice to users. Staff suspected of inappropriate or prohibited computer network use shall be
investigated.
Internet and E-mail communications made on the computer network are public, not private, in
nature. Staff shall be held accountable for their Internet activities, E-mail messages they have
sent and received and work they have saved to workstations or to the network.
The Monona Grove School District may filter Internet traffic coming into its network in order to
restrict access to inappropriate sites. Nevertheless, the district has no control over information on
the Internet. Individual users are, therefore, personally responsible for the display, retention,
review, distribution and storage of information or images obtained through the Internet.
No computer security system, no matter how elaborate, can prevent determined persons from
accessing stored information that they are not authorized to access. Therefore, if there is any
information that staff wish to remain confidential, staff are advised that the district cannot
guarantee that the computer network will be secure at all times.
A user shall be personally responsible for the cost of repairing damage to the computer network,
including but not limited to the replacement of equipment, when such damage is the result of the
user’s deliberate or negligent misuse of the computer network.
The rules listed below provide specific examples of inappropriate, undesirable and prohibited use of the
computer network by staff, but these examples are not intended to be comprehensive.
1.
2.
3.
All of the district’s computer network must support learning appropriate for school. No one may
use the network to obtain or transmit any material that is inappropriate for school.
Only individuals authorized by the district may install software (whether they received it as an
E-mail attachment or otherwise) onto the district’s computer network.
Only those individuals who are provided with an active user account may use the computer
network and no one may log onto the network using someone else’s account, even with that
individual’s permission, unless he/she is a network administrator or a network administrator
designee.
MGSD Teacher Handbook
Page 100
4.
5.
6.
7.
8.
9.
10.
11.
12.
No one may access or attempt to access any material stored in another user’s designated
network storage space. No one may access or attempt to access material that is not available
using his/her network name and password. No one may access or attempt to access
unauthorized areas of the network.
No one may use the network in such a way as to disrupt, or threaten to disrupt, the ability of
others to use the network. Disruption may, but need not, include damage to equipment or stored
data.
Using the network to send jokes or other comments and/or images that may be discriminatory,
offensive to others, threatening, hateful, harassing, insulting or defamatory is prohibited.
Users shall not subscribe to newsgroups, list servers or chat rooms using the district’s
computer network unless it supports learning which is appropriate for school.
No one may waste limited network resources, including bandwidth and storage space.
Any use of the district’s computer network for personal, illegal or commercial purposes is
prohibited.
All users must comply with federal, state and local laws governing intellectual property,
software licenses and copyrights. Staff are not allowed to use copyrighted material in a manner
that is, or has the potential of, diverting income from the material’s creator. Staff shall be held
personally liable for any of their own actions that violate copyright laws.
Staff must ensure that they log off any computer terminal that they have used at the end of each
day in order to control inappropriate access by others.
No spamming is allowed.
Staff that violate the rules above, or other school district rules governing workplace behavior and
communication, may be subject to disciplinary action including, but not limited to, revocation of their
privileges to use the district’s computer network. Further, certain violations (e.g., sending threatening,
harassing, abusive or intimidating messages to another person through E-mail or other computerized
communication systems such as the Internet) may lead to criminal sanctions.
LEGAL REFERENCE: Section 947.0125 Wisconsin Statutes
CROSS REFERENCE: Employee Agreements
BOARD APPROVAL: November 14, 2001
MGSD Teacher Handbook
Page 101
Board Policy 522.7
CONFLICT OF INTEREST
No employee shall have a private interest in any contract, purchase of materials or any other transaction
involving district funds except as permitted by law.
LEGAL REFERENCE:
Section 946.13 Wisconsin Statutes
BOARD APPROVAL: November 14, 2001
MGSD Teacher Handbook
Page 102
Board Policy 523.1
STAFF PHYSICAL EXAMINATIONS
All new employees of the Monona Grove School District shall have a physical examination, including
tuberculin skin test and/or chest x-ray, before reporting for duty.
Additional physical examinations may be required at intervals established by the Board.
An employee may be exempt from the physical examination requirement for religious reasons if an
affidavit has been filed with the Board claiming such exemption. No employee shall be discriminated
against by reason of his/her filing of an affidavit.
Additional physical examinations may be required. The Board may require a health examination if there
is reasonable cause to believe that such an employee is suffering from an illness detrimental to the health
of students or other employees.
The district shall pay for required physical examinations in accordance with provisions of current
employee agreements or at a rate established by the Board.
Certificates of examination shall be maintained in the District Office, along with any recommendations
from the employee’s physician. Such files shall be treated as confidential medical records and shall only
be available to those individuals specifically authorized by law.
LEGAL REFERENCES:
Americans with Disabilities Act of 1990
Sections 103.15 Wisconsin Statutes
118.25
121.52(3)
CROSS REFERENCE:
Employee Agreements
BOARD APPROVAL:
December 13, 2000
MGSD Teacher Handbook
Page 103
Board Policy 523.3
EMPLOYEE AND FAMILY ASSISTANCE PROGRAM
The Monona Grove School District is vitally interested in helping employees and/or their family
members who have or who may develop behavioral/medical problems (e.g., alcoholism, drug addiction,
emotional disturbances) before such conditions become so advanced that the employee becomes
unemployable.
The Monona Grove School District recognizes that if behavioral/medical problems are diagnosed and
properly treated before they become too advanced, a high percentage can be resolved. It is also
recognized that because such problems are often misunderstood by the affected individual, their family,
employer and associates, potential recovery opportunities are missed.
Therefore, it is the policy of the Monona Grove School District, in cooperation with all employee
groups, to provide an employee and family assistance program (EFAP) which will encourage early
diagnosis and treatment of behavioral/medical problems.
The objectives of the program include:
1.
To provide support and assistance for troubled employees and their families.
2.
To reduce the amount of time it takes for an employee or family member to seek assessment of
potential behavioral/medical problems.
3.
To train volunteer employees to act as intermediaries between troubled employees and the
professional assistance available.
4.
To disseminate program information to employees and their families.
5.
To establish the means to utilize the services of the existing community treatment
agencies.
6.
To affect a reduction in employee absenteeism.
7.
To establish an administrative body to ensure the continuation of services to employees.
8.
To reduce the impact of a troubled employee on fellow employees and students.
9.
To establish a management and union alternative for helping employees whose job performance
is affected by troubled family members.
10.
To provide ongoing management, union and coordinator training in EFAP.
11.
To provide ongoing encouragement and information regarding self-referral of employees and
family members into the EFAP.
12.
To ensure appropriate health benefits for behavioral/medical problems.
The EFAP shall operate within the following guidelines and procedures.
1.
2.
3.
4.
5.
6.
Participation in the program shall be completely voluntary and shall be kept confidential to the
extent permitted by law.
The program is designed to provide referrals, not treatment.
The Monona Grove School District recognizes that an employee’s family members who suffer
from behavioral/medical problems can affect the employee’s job performance.
Behavioral/medical problems are recognized as illnesses to be treated in a like manner as any
other illness.
The program is designed to assist the employee or family member in making a self-referral for
professional assistance.
No employee with a behavioral/medical problem shall have his/her job security or
MGSD Teacher Handbook
Page 104
7.
promotional opportunities jeopardized by his/her request for diagnosis and treatment or a request
made by a member of his/her family on his/her behalf.
It is the employee’s or employee’s family member’s responsibility to seek assistance through the
resource coordinators or by contacting the designated screening agency.
This policy is enacted to assure employees and their family members who have or who may develop a
behavioral/medical problem that their problem will receive equal understanding as well as fair and
equitable treatment.
This policy is enacted to assure that management and the unions have appropriate services available to
offer troubled employees. The EFAP is not intended to replace any on-going disciplinary action. This
policy is intended to reduce the incidence of a troubled employee negatively affecting fellow employees
or students.
CROSS REFERENCE: Employee Agreements
BOARD APPROVAL: December 13, 2000
MGSD Teacher Handbook
Page 105
Board Policy 524
PERSONNEL RECORDS
A personnel folder shall be maintained for each employee in the district and shall contain pertinent data
concerning the employee. Staff physical examination records shall be maintained in separate files from
other personnel records.
Individual personnel records shall be maintained and disclosed in accordance with state and federal laws
and regulations.
All written materials filed in an employee’s personnel folder shall be available for inspection by the
individual employee in accordance with state law.
LEGAL REFERENCES:
Americans with Disabilities Act of 1990
Chapter 19, Subchapters II & IV, Wisconsin Statutes
Section 103.13
CROSS REFERENCES:
Board Policy 523.1, Staff Physical Examinations
Board Policy 823, Access to Public Records
BOARD APPROVAL:
November 14, 2001
MGSD Teacher Handbook
Page 106
Board Policy 532.12
ENCAMPMENT LEAVES FOR MEMBERS
OF THE NATIONAL GUARD OR RESERVE UNITS
Members of the military reserve units shall be granted a leave of absence up to two weeks, or as required
by law, in any one-year for required encampment, reserve training or cruise.
Members of the military reserve units shall be allowed the difference between their regular basic pay and
the pay they receive from the government. Evidence of payment from the government must be presented
to the District Office so proper computation can be made for district payment for the pay period covered
by the leave.
BOARD APPROVAL: November 14, 2001
MGSD Teacher Handbook
Page 107
Board Policy 532.13
MEDICAL LEAVE OF ABSENCE
As soon as it has been medically determined that an employee will need a medical leave of absence due
to a non-occupational disability, the employee shall so notify the district. The
employee shall
obtain a statement by a licensed physician indicating that the employee is physically or emotionally
unable to perform his/her regular duties and the approximate time of
treatment and convalescence required for the disability.
The employee, upon presenting a request for a medical leave of absence and the required medical
certification, shall be granted such a leave for the period of time during which he/she is physically or
emotionally unable to perform his/her regular duties. Upon commencing a medical leave of absence, the
employee must provide an affidavit indicating inability to perform
regular duties and a clear intention of returning to work following the leave. The employee shall, at
his/her option, be paid full salary for any contract days missed during the period of such absence up to
the number of unused sick leave days the employee has accumulated.
The district reserves the right, at any time, to require the employee to be examined by a physician of the
district’s choosing or, at reasonable intervals during the course of the leave, to require a statement signed
by the employee’s own physician indicating whether he/she is physically or emotionally able to perform
his/her regular duties.
In the event that an employee fails to return to work as soon as medical evidence of ability to do so has
been established and/or the granted leave time has expired, the employee shall be deemed
to have resigned his/her position with the district and waived any and all rights to further employment by
the district.
LEGAL REFERENCES:
Section 103.10 Wisconsin Statutes
Family and Medical Leave Act of 1993
CROSS REFERENCE:
BOARD APPROVAL:
Employee Agreements
November 14, 2001
MGSD Teacher Handbook
Page 108
Board Policy 539.1
TUTORING
Every effort shall be made by the building principal and professional staff to help a student who is
having difficulties at school before recommending that parents engage a tutor. The Board believes that
by maintaining high quality instructional staff and providing for a rich, varied curriculum, the need for
individual tutoring is minimized.
It shall be considered a conflict of interest for district employees to solicit opportunities to provide
private instruction, therapy or treatment to Monona Grove School District students.
BOARD APPROVAL: March 13, 2002
MGSD Teacher Handbook
Page 109
Board Policy 665
FRAUD PREVENTION AND REPORTING
The District expects all individuals involved with the Monona Grove School District, including students,
employees, Board of Education members, consultants, vendors, contractors and other parties maintaining
any relationship with the District to act with integrity, due diligence and in accordance with all
applicable laws, District policies and procedures in matters involving District fiscal, and property
resources. The District is entrusted with public dollars and no person connected with the District should
do anything to erode that trust.
The Superintendent or designee shall be responsible for developing internal controls to prevent and
detect fraud, financial impropriety or fiscal irregularities within the District. Every member of the
district including administrative and supervisory teams shall be alert of any indication of to fraud,
financial impropriety or irregularity within his/her areas of responsibility and be required to immediately
report indication to the appropriate authority.
Fraudulent behavior includes, but is not limited to, theft, embezzlement, lying about or providing false
information to obtain a materials benefit, falsification of employee time records or other manipulation of
time records to obtain compensation for time not worked, purchasing property for personal use with
Board funds, and inappropriate personal use of Board property.
This policy is intended to encourage and enable all individuals to raise serious concerns within the
School District for investigation and appropriate action. Any individual who, in good faith, raises a
serious concern or reports misconduct shall not be threatened, harassed, discriminated against or subject
to any retaliation. Any individuals who engage in retaliation will be subject to disciplinary action.
LEGAL REF.: Wisconsin Statues Sections 19.41,19.59, 120.12(1), 946.10, 946.12, 946.13, Management
Antifraud Programs and Controls – Wisconsin Department of Public Instruction
CROSS REF.:
Board Policy 230, Administrative
Leadership
510, Personnel Policies Goals
511, Equal Employment Opportunities
522.3, Computer Network Use by Staff
524, Personnel Records
610, Fiscal Management Goals
620, Annual Operating Budget
662.1, Student Activity Funds
Management
671.2, Expense Reimbursement
672, Purchasing
672.1, Quotation/Bidding Requirements
682, Financial Reports
683, Inventory
684, Audits
823, Access to Public Records
Board Approval: September 28, 2011
MGSD Teacher Handbook
Page 110
Board Policy 723.1
ACCIDENT REPORTS
An accident report shall be completed if a student or staff member is injured while on school property,
including school buses, or while at a school-sponsored activity and:
Medical attention by a designated caregiver, emergency medical personnel or a physician was
required; or
A possibility exists that the incident could result in later medical attention; or
The injury may be cause for liability at a later date.
Accident reports shall be completed within 24 hours and shall be filed with the building principal. A
copy shall be sent to the District Office. If a student was injured during an athletic practice or
competition, a copy also shall be sent to the athletic trainer and the athletic office.
If a report is filed concerning an accident involving a student, the student’s parent/guardian shall be
contacted. If a report is filed concerning an accident involving a staff member, the school office shall
complete other appropriate forms as needed. Such additional forms shall be forwarded to the District
Office.
Accident reports shall be reviewed by members of the Administrative Team for the purpose of
developing plans for the prevention of further injuries. Accident reports also shall be reviewed annually
by the committee designated to review emergency nursing policies and procedures.
CROSS REFERENCES:
Board Policy 453.1, Emergency Nursing Services
Administrative Exhibit 723.1(1), Student Accident Report
Administrative Exhibit 723.1(2), Staff Accident Report
BOARD APPROVAL: September 12, 2001
MGSD Teacher Handbook
Page 111
Board Policy 771
COPYRIGHT COMPLIANCE
The Board recognizes that federal law makes it illegal to duplicate copyrighted materials without
authorization of the holder of the copyright, except for certain exempt purposes. Severe penalties may be
imposed for unauthorized copying or using of audio visual or printed materials and computer software,
unless the copying or using conforms to the "fair use" doctrine.
Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such
purposes as criticism, comment, news reporting, teaching, scholarship or research. If duplicating or
changing a product is to fall within the bounds of fair use, these four standards must be met for any of
the foregoing purposes:
A. THE PURPOSE AND CHARACTER OF THE USE. The use must be for such purposes as
teaching or scholarship and must be nonprofit.
B. THE NATURE OF THE COPYRIGHTED WORK. Staff may make single copies of the
following for use in research, instruction or preparation for teaching: book chapters; articles
from periodicals or newspapers; short stories, essays or poems; and charts, graphs, diagrams,
drawings, cartoons or pictures from books, periodicals, or newspapers in accordance with these
guidelines.
C. THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED. In most circumstances,
copying the whole of a work cannot be considered fair use; copying a small portion may be if
these guidelines are followed.
D. THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR VALUE OF THE
COPYRIGHTED WORK. If resulting economic loss to the copyright holder can be shown, even
making a single copy of certain materials may be an infringement, and making multiple copies
presents the danger of greater penalties.
While the district encourages its staff to enrich the learning programs by making proper use of
supplementary materials, it is the responsibility of district staff to abide by the district's copying
procedures and obey the requirements of the law. In no circumstances shall it be necessary for district
staff to violate copyright requirements in order to perform their duties properly. The district cannot be
responsible for any violations of the copyright law by its staff.
Any staff member who is uncertain as to whether reproducing or using copyrighted material complies
with the district's procedures or is permissible under the law should contact their building’s library media
specialist, who will also assist staff in obtaining proper authorization to copy or use protected material
when such authorization is required.
GUIDANCE FOR STAFF
Staff may make copies of copyrighted school district materials that fall within the following guidelines.
Where there is reason to believe the material to be copied does not fall within these guidelines, prior
permission shall be obtained from the principal. Staff members who fail to follow this procedure may be
held personally liable for copyright infringement.
Authorized Reproduction and Use of Copyrighted Material in Books and Periodicals
In preparing for instruction, a teacher may make or have made a single copy of:
A. A chapter from a book;
B. An article from a newspaper or periodical;
C. A short story, short essay or short poem; or
MGSD Teacher Handbook
Page 112
D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
A teacher may make multiple copies not exceeding more than one per pupil, for classroom use or
discussion if the copying meets the tests of "brevity, spontaneity and cumulative effect" set by the
following guidelines. Each copy must include the notice of copyright present in the original work.
A. Brevity
1. A complete poem, if less than 250 words and if printed on not more than two pages, may
be copied; excerpts from longer poems cannot exceed 250 words;
2. Complete articles, stories or essays of less than 2500 words may be copied. Excerpts
from prose works of not more than 1000 words or 10% of the work -whichever is
smaller - may be copied, but in any event, a minimum of 500 words may be copied.
3. Each numerical limit set forth above may be expanded to permit the completion of an
unfinished line of a poem or an unfinished prose paragraph;
4. One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may
be copied.
5. "Special" works cannot be reproduced in full under any circumstances; however, an
excerpt of not more than two published pages containing not more than 10% of the
words in the text of such special work may be reproduced. What constitutes a "special"
work is not clearly defined; however, special works include children's books combining
poetry, prose or poetic prose with illustrations and which are less than 2500 words in
their entirety. For a further discussion on what constitutes a "special" work, see
Agreement on Guidelines for classroom copying in Not-for-Print educational institutions
with respect to books and periodicals.
B. Spontaneity - Copying should be at the "instance and inspiration" of the individual teacher; and
the inspiration and decision to use the work and the moment of its use for maximum teaching
effectiveness are so close in time that it would be unreasonable to expect a timely reply to a
request for permission.
C. Cumulative Effect - Teachers are limited to using copied material for only one course in the
school in which copies are made. No more than one short poem, article, story, essay or two
excerpts from the same author may be copied, and no more than three works or excerpts can be
copied from a collective work or periodical volume during one class term. Teachers are limited
to nine instances of multiple copying for one course during one class term. The numerical
limitations set forth above do not apply to current news periodicals, newspapers and current
news sections of other periodicals.
Performances by teachers or students of copyrighted dramatic works without authorization from the
copyright owner are permitted as part of a teaching activity in a classroom or instructional setting. All
other performances require permission from the copyright owner.
Not withstanding any of the foregoing, the copyright law prohibits using copies to create, replace or
substitute for anthologies, compilations or collective works. There shall be no copying of or from works
intended to be "consumable" in the course of study or of teaching. "Consumable" works include:
workbooks, exercises, standardized tests, test booklets and answer sheets. Teachers cannot substitute
copies for the purchase of books, publishers' reprints or periodicals, nor can they repeatedly copy the
same item from term to term. Copying cannot be directed by a "higher authority", and students cannot be
charged more than actual cost of photocopying.
Teachers may use copyrighted material in overhead or opaque projectors for instructional purposes.
Authorized Reproduction and Use of Copyrighted Materials in the Library
MGSD Teacher Handbook
Page 113
A library may make a single copy (containing the notice of copyright present on the original work) of:
A. An unpublished work which is in its collection solely for purposes of preservation and security
or for deposit for research use in another qualified library or archives.
B. A published work in order to replace it because it is damaged, deteriorated, lost or stolen,
provided that an unused replacement cannot be obtained at a fair price.
A library may provide a single copy of copyrighted material to a student or staff member at no more than
the actual cost of photocopying. The copy must be limited to one article of a periodical issue or a small
part of other material, unless the library finds that the copyrighted work cannot be obtained elsewhere at
a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy shall contain
the notice of copyright present in the original work and the student or staff member shall be notified that
the copy is to be used only for private study, scholarship or research. Any other use may subject the
person to liability for copyright infringement and the library shall not make a copy if it has notice of any
other use. The foregoing reproduction right shall not apply to musical works, motion pictures or other
audiovisual works (other than an audiovisual work dealing with news), or pictorial, graphic or sculptural
works (other than pictorial or graphic works published as illustrations, diagrams or similar adjuncts to
works of which copies are reproduced hereunder).
At the request of a teacher, copies may be made for reserve use. The same limits apply as for single or
multiple copies designated in "Authorized Reproduction and Use of Copyrighted Material in Print."
Authorized Reproduction and Use of Copyrighted Music
For academic purposes, other than performance, teachers may make a single copy of an entire
performable unit (section), movement, aria, etc. from a printed musical work that is (1) confirmed by the
copyright proprietor to be out of print or (2) unavailable except in a larger work, for purposes of
preparing for instruction.
A teacher may make multiple copies not exceeding one copy per pupil for classroom use of an excerpt of
not more than 10% of a printed musical work if it is to be used for academic purposes other than
performance, provided that the excerpt does not comprise a part of the whole musical work which would
constitute a performable unit such as a selection, movement, or aria. In an emergency, a teacher may
make and use replacement copies of printed music for an imminent musical performance when the
purchased copies have been lost, destroyed or are otherwise not available, provided that purchased
copies shall be substituted in due course.
A teacher may make and retain a single recording of student performances of copyrighted material when
it is made for purposes of evaluation or rehearsal.
A teacher may make and retain a single copy of excerpts from recordings of copyrighted musical works
owned by the school or the individual teacher for use as aural exercises or examination questions.
A teacher may edit or simplify purchased copies of music provided that the fundamental character of the
music is not distorted. Lyrics shall not be altered or added if none exist.
Copying cannot be used to create, replace or substitute for anthologies, compilations or collective works;
copying of consumable works is prohibited. Copying for the purpose of performance is prohibited,
except in the case of an emergency as set forth above, and copying for the purpose of substituting for the
MGSD Teacher Handbook
Page 114
purchase of music is prohibited, except as set forth in the first and second paragraphs above. All copies
must include the copyright notice appearing on the printed copy.
Performance by teachers or students of copyrighted musical works is permitted without the authorization
of the copyright owner as part of a teaching activity in a classroom or instructional setting. The purpose
shall be instructional rather than for entertainment.
If the requirements of the foregoing paragraph are not satisfied, performances of nondramatic musical
works which are copyrighted are permitted without the authorization of the copyright owner, provided
that:
A. The performance is not for a commercial purpose;
B. None of the performers, promoters or organizers are compensated; and
C. (1) There is no direct or indirect admission charge; or (2) Admission fees are used for
educational or charitable purposes only; provided that the copyright owner has not objected to
the performance.
All other musical performances require permission from the copyright owner.
Off-Air Recording of Copyrighted Programs
Television programs transmitted by television stations for reception by the general public without charge
(hereinafter referred to as "broadcast programs") may be recorded off-air
simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained
by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of
recording. Upon conclusion of this retention period, all off-air recordings must be erased or destroyed
immediately.
Off-air recordings may be used once by individual teachers in the course of relevant instructional
activities, and repeated once only when instructional reinforcement is necessary in classrooms and
similar places devoted to instruction, during the first ten (10) consecutive school days in the forty-five
(45) calendar day retention period. "School days" are school session days - not counting weekends,
holidays, vacations, examination periods or other scheduled interruptions.
Off-air recordings may be made only at the request of and used by individual teachers, and may not be
regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than
once at the request of the same teacher, regardless of the number of times the program may be broadcast.
A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs
of teachers under these guidelines. Each additional copy shall be subject to all provisions governing the
original recording.
After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the fortyfive (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or
not to include the broadcast program in the teaching curriculum. Permission must be secured from the
publisher before the recording can be used for instructional purposes or any other non-evaluation
purpose after the ten (10) day period.
Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from
their original content. Off-air recordings may not be physically or electronically combined or merged to
constitute teaching anthologies or compilations.
MGSD Teacher Handbook
Page 115
All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
Authorized Reproduction and Use of Video Rentals or Videos Purchased for Home
Videos may only be rented for classroom use from agencies or companies which allow for such use.
Many retail video rental stores have strict license agreements prohibiting use with large, non-home
audiences. These restrictions may also apply to the use of videos purchased for home use. Staff is
expected to review and honor these agreements.
Authorized Reproduction and Use of Copyrighted Computer Software and CD-ROM Products
Schools have a valid need for high-quality software at reasonable prices. To assure a fair return to the
authors of software programs, the school district shall comply with the copyright laws and any usage
agreements that are applicable to the acquisition of software programs.
To this end, the following guidelines shall be in effect:
A. All copyright laws and license agreements between the vendor and the district shall be observed;
B. Staff members shall take reasonable precautions to prevent copying or the use of unauthorized
copies on school equipment, to avoid the installation of privately purchased software on school
equipment and to avoid the use of single copy software or CD-ROM products across a network
with multiple users unless such use is permitted by the applicable license agreement;
C. A back-up copy shall be purchased for use as a replacement when a program is lost or damaged.
If the vendor is not able to supply such, the district shall make a back-up program in accordance
with the terms of the applicable license agreement or 17 U.S.C. and 117 and attest that the
program will be used for replacement purposes only;
D. The principal is authorized to sign a software license agreement on behalf of the school. A copy
of said agreement shall be retained by the principal.
Authorized Reproduction and Use of Copyrighted Internet and Multimedia Products
Fair use indicates that images may be downloaded for student projects and teacher lessons. Portions of
sound files and video may be downloaded for use in multimedia projects.
Resources from the Web may not be reposted onto the Internet without permission. However, links to
legitimate resources can be posted. Any resources you download must have been legitimately acquired
by the Web site.
Copying Limitations
Circumstances will arise when staff are uncertain whether or not copying is prohibited. In those
circumstances, the building library media specialist should be contacted. The following prohibitions
have been expressly stated in guidelines agreed to by representatives of educators and
authors/publishers:
A. Reproduction of copyrighted material shall not be used to create or substitute for anthologies,
compilations or collective works.
B. Unless expressly permitted by agreement with the publisher and authorized by district action,
there shall be no copying from copyrighted consumable materials such as workbooks, exercises,
test booklets, answer sheets and the like.
C. Staff shall not:
MGSD Teacher Handbook
Page 116
1. Use copies to substitute for the purchase of books, periodicals, music recordings,
computer software or other copyrighted material except as permitted by district
procedure;
2. Copy or use the same item from term to term without the copyright owner's permission;
3. Copy or use more than nine instances of multiple copying of protected material for one
course in any one term;
4. Copy or use more than one short work or two excerpts from works of the same author in
any one term; or
5. Copy or use protected material without including the notice of copyright present in the
original work and the following is a satisfactory notice: NOTICE: THIS MATERIAL
MAY BE PROTECTED BY COPYRIGHT LAW.
LEGAL REFERENCES:
P.L. 94-553, Federal Copyright Law of 1976,
(U.S. Code, Title 17)
CROSS REFERENCE:
BOARD APPROVAL: October 13, 2004
MGSD Teacher Handbook
Page 117
Board Policy 823
ACCESS TO PUBLIC RECORDS
Individuals may have access to district records in accordance with this policy and implementing
procedures and in accordance with state law.
The Superintendent and Board Clerk shall serve as the legal custodian(s) of records and property of the
district, except as otherwise provided. The legal custodian shall safely keep and preserve records of the
authority and shall have full legal power to render decisions and carry out duties related to those public
records maintained by any district authority. The legal custodian may deny access to records only in
accordance with state law. The legal custodian shall be authorized and encouraged to consult with the
district’s legal counsel in determining whether to deny access to a record in whole or in part.
Public records may be inspected, copied and/or abstracted at any time during established district office
hours. The legal custodian may establish fees in accordance with state law. A list of such fees shall be
made available at the District Office.
A public records notice shall be displayed in designated locations throughout the district and procedures
shall be developed to implement this policy.
LEGAL REFERENCES: Subchapters II & IV Chapter 19 Wisconsin Statutes
Section 120.13(28)
CROSS REFERENCES: Administrative Rule 823, Procedures for Access to Public
Records
Board Policy 347, Student Records
Board Policy 523.1, Staff Physical Examinations
Board Policy 524, Personnel Records
BOARD APPROVAL:
April 4, 2001
MGSD Teacher Handbook
Page 118
Board Policy 851
DISPLAY AND DISTRIBUTION OF NON-SCHOOL MATERIALS
Non-school materials may be displayed and/or distributed on school premises if the information
contained in those materials concerns educational, cultural, civic and/or recreational organizations or
activities, subject to provisions contained in district guidelines.
Requests to display and/or distribute non-school materials on school premises shall be submitted to the
building principal or his/her designee. Non-school materials shall not be displayed or distributed on
school premises by any person or group without prior approval of the Superintendent or building
principal/designee, in accordance with established guidelines.
It is the intent of the Board to appropriately facilitate the display and distribution of information to
students and their families regarding community organizations and activities. The display or distribution
of such information on school premises should not be understood to constitute the district’s endorsement
or approval of the organization or activity.
CROSS REFERENCE: Administrative Rule 851, Guidelines for the Display and
Distribution of Non-School Materials
BOARD APPROVAL: September 10, 2003
MGSD Teacher Handbook
Page 119
Administrative Rule 851
GUIDELINES FOR THE DISPLAY AND DISTRIBUTION OF
NON-SCHOOL MATERIALS
The following guidelines shall be used by building principals or their designees when they receive a
request to display and/or distribute non-school materials on school premises:
1.
Non-school materials may be displayed and/or distributed on school premises if the
information contained in those materials concerns educational, cultural, civic and/or
recreational organizations or activities, subject to provisions contained in these guidelines.
2.
The appropriateness of the material being proposed for display and/or distribution shall be
determined as follows:
a.
A list of organizations and activities for which materials may be displayed and/or
distributed on school premises shall be developed and reviewed prior to the start
of each school year by the district administration.
b.
Requests for the display and/or distribution of materials concerning organizations or
activities not included on the approved list must be referred to the Superintendent and/or
designee for review. All such requests shall be acted on
within seven school days from the date of that referral.
c.
Material which shall not be displayed or distributed includes, but is not limited to,
that which:
(1)
Promotes a political agenda/candidacy;
(2)
Defames or slanders other individuals or groups;
(3)
Serves the primary purpose of promoting the commercial gain of the
sponsoring for-profit organization;
(4)
Disrupts the instructional process or educational mission of the school;
(5)
Is lewd, lascivious or obscene as determined with respect to school-age
children; or
(6)
Encourages illegal activities.
3.
The principal or designee shall determine the method through which material that is
approved may be distributed.
Approved materials may be displayed only in areas designated by the principal or
designee.
Material that is approved for distribution must be provided to the school by the sponsoring
organization in appropriate bundles as specified by the building principal or designee.
4.
5.
6.
Parents/guardians wishing not to have materials of the nature covered in these guidelines sent
home via their child may contact the school in writing. The school shall make every reasonable
effort to honor these requests.
APPROVED BY THE SUPERINTENDENT:
MGSD Teacher Handbook
September 10, 2003
Page 120
Appendix B:
Forms
•
•
•
•
Grievance Form
Federal Family and Medical Leave Act (FMLA) Poster
FMLA Certification of Health Care Provider Form
Administrative Exhibit 723.1(2) Staff Accident Report
MGSD Teacher Handbook
Page 121
MGSD Teacher Handbook
Page 122
MGSD Teacher Handbook
Page 123
MGSD Teacher Handbook
Page 124
MGSD Teacher Handbook
Page 125
MGSD Teacher Handbook
Page 126
MGSD Teacher Handbook
Page 127
MGSD Teacher Handbook
Page 128
Appendix C: Post-Retirement Benefits
The following benefits shall only apply to teachers who are within 5 years of qualifying for this
benefit at the end of the 2010-2011 school year.
A.
The Board of Education shall continue payment of health insurance and dental insurance
premiums pursuant to Article X, Section 9, without interruption until age seventy (70) for any teacher
who voluntarily retires pursuant to this section on the same basis as the Board of Education was paying
said premiums for the retiree during the retiree's last semester of teaching in the District. The Board of
Education reserves the right to structure the insurance coverage for those retirees receiving insurance
pursuant to this section and who are eligible for Medicare in a manner which utilizes Medicare. In the
event of a retiree's death before his/her seventieth (70th) birthday, the retiree's group health insurance
coverage hereunder shall be continued for the benefit of the retiree's spouse until the date such retiree
would have reached his/her seventieth (70th) birthday. However, the cost of the continuation coverage
shall be the responsibility of the retiree's spouse. There shall be no contribution by the Board of
Education. The continuation coverage for the retiree's spouse is further contingent upon the availability
of such a benefit through the health insurance provider under the policy in effect at the time at no
additional cost to the Board of Education.
Effective February 28, 2011, except as restricted below, the Board of Education shall continue payment
of health insurance and dental insurance premiums pursuant to Article X, Section 9, without interruption
until age seventy (70) for any teacher who voluntarily retires pursuant to this section on the same basis
as the Board of Education was paying said premiums for the retiree during the retiree's last semester of
teaching in the District. The Board of Education reserves the right to structure the insurance coverage
for those retirees receiving insurance pursuant to this section and who are eligible for Medicare in a
manner which utilizes Medicare.
i.
Spouses Who Are Not Also Active Bargaining Unit Employees or Eligible Retirees. In
the event of a retiree's death before his/her seventieth (70th) birthday, the retiree's group
health insurance coverage hereunder shall be continued for the benefit of the retiree's
spouse until the end of the month such retiree would have reached his/her seventieth
(70th) birthday. However, the cost of the continuation coverage shall be the
responsibility of the retiree's spouse. There shall be no contribution by the Board of
Education. The continuation coverage for the retiree's spouse is further contingent upon
the availability of such a benefit through the health insurance provider under the policy
in effect at the time at no additional cost to the Board of Education.
ii.
Spouses Who Are Active Bargaining Unit Employees or Eligible Retirees. Where any
teacher is an eligible retiree either pursuant to Section 9/17 or 9/18, and where health
insurance coverage is provided by the District to his or her spouse as an active
bargaining unit employee or eligible retiree, the retiree and his or her spouse will have
the following options for their health insurance benefits: For the period of time that the
retiree would otherwise be eligible for health insurance premiums paid pursuant to
Section 9/17 or 9/18, both spouses must select coverage under two single health
insurance policies if no dependents exist or, if dependents exist, either coverage under
two single health insurance policies or coverage under one family health insurance
policy. If an event occurs (e.g., a death or divorce) while this benefit is in effect that
MGSD Teacher Handbook
Page 129
changes the retiree’s insurance eligibility, the retiree shall convert his or her insurance to
single coverage or maintain family coverage as needed and subject to the rules of the
insurance carrier.
B.
Teacher Emeritus Program (TEP)
The parties recognize that teachers with many years of service to the District are placed
at the higher steps of the salary schedule as they approach retirement and that salary
savings for the District can be generated if such teachers were to retire earlier and be
replaced with teachers placed at lower steps of the salary schedule. The parties further
acknowledge their interest in balancing the need for experienced teachers with the
interest in generating salary savings through an incentive program for early retirement.
Therefore, the parties hereby agree to make available to eligible teachers the Teacher
Emeritus Program (TEP). The parties have consulted with an actuary in developing and
designing the Teacher Emeritus Program to develop an actuarially balanced program
that will save compensation costs for the District while providing teachers with
retirement options and incentives, in the form of compensation and insurance benefits.
Participation in TEP is totally voluntary on the part of the teacher(s).
A teacher's age and total service to the District, including service to Nichols Elementary
District, the Cottage Grove Elementary District and the Monona Grove Union Free High
School District prior to such District merger(s) into the present School District, must
total at least seventy (70) years in order to be eligible for benefits under the program
(TEP).
A teacher actively working under a regular, full-time or part-time post probationary
contract who is at least age fifty-five (55) on or before August 15 of the year of
proposed retirement (last year in which the teacher intends to be under individual
contract with the District), is eligible for TEP benefits under this provision.
Written notification of retirement pursuant to the Teacher Emeritus Program shall be
received from the teacher by the Board of Education on or before March 1 of the last
school year the teacher shall be under individual contract with the District.
The effective date of retirement by a teacher under the Teacher Emeritus Program shall
be August 15 of the year of proposed retirement (last school year in which the teacher
intends to be under individual contract with the District).
Teachers electing to retire under this provision shall retain no re-employment rights with
the School District. However, nothing in the previous sentence shall preclude the Board
from hiring a retired teacher.
Operational Criteria:
A.
Eligible TEP participants shall receive the following payments under this
provision: (1) a monthly “social security bridge payment”, as described herein,
payable for thirty-six (36) months or until such payments are terminated in
accordance with the terms identified herein; and (2) a fixed lump sum in an
MGSD Teacher Handbook
Page 130
amount determined and payable in accordance with the terms set forth below.
The maximum TEP post-retirement benefit amount shall be one hundred (100%) percent
of the gross compensation amount earned by the participating teacher (the compensation
amounts which the teacher receives attributable to an individual contract plus any
amounts actually paid to the teacher for services that are not covered by an individual
contract, excluding the cost of fringe benefits) during the teacher’s highest-paid oneyear teaching period preceding the effective date of retirement. Gross compensation
amounts, as referenced above, are determined on the basis of collective bargaining.
Thus, such amounts shall be the final compensation amounts determined through the
collective bargaining process and earned by the teacher in teacher’s highest-paid oneyear teaching period preceding the effective retirement date. The TEP benefit shall be
computed as of the effective retirement date using
such compensation amounts. If the applicable compensation amounts for the teacher’s
highest paid one-year teaching period preceding the effective retirement date change as
a result of the collective bargaining process, adjustments will be made, if necessary,
once the final compensation amounts are available.
TEP post-retirement compensation shall be paid by the District on behalf
District. Further, in all cases, all TEP payments under this Article shall be deposited on
behalf of the retiree into a money market account established through the 403(b) benefit
plan(s) provider(s).
(1)
The amount of monthly Social Security benefits which the teacher would be or
would have been eligible to receive commencing at age 62 shall be determined
in the year the teacher elects to retire. A copy of the teacher’s Social Security
Statement or similar evidence will be provided to the District’s Business Office
and be used by the District Business Office to calculate applicable TEP benefits.
The age 62 Social Security benefit amount (whether or not drawn by the
teacher) shall be multiplied by 36, yielding Amount “A”. Amount “A” shall be
subtracted from the maximum TEP benefit amount to which the teacher is
entitled under TEP, as set forth above, yielding Amount “B”.
NOTE: If the age 62 threshold under Social Security is modified, the same
calculation shall be made using the new amount the teacher would be
eligible to receive under the new age threshold which replaces the age
62 threshold, beginning with the effective date of such change. If a
teacher does not retire prior to reaching age 62, calculation of Amount
“B”, pursuant to the above paragraph shall be made using the age 62
Social Security benefit which the teacher would have received together
with the teacher’s earnings in the teacher’s highest-paid year of
teaching.
a.
(2) Amount “A” shall be paid by the District to the teacher’ account in the
District’s I.R.C. 403(b) benefit plan established by the District as provided
herein. Monthly “bridge” payments shall begin to accrue in the amount of
1/36th of Amount “A” commencing with the first month following the effective
date of retirement and thereafter for a period of thirty-six (36) months or until
MGSD Teacher Handbook
Page 131
terminated in accordance with the terms set forth below (Section B). The
District shall make the payments/deposits for the first five (5) months of the
bridge payments to the 403(b) plan(s) provider(s) on or about January 1 of the
calendar year following the calendar year in which the teacher’s retirement is
effective and thereafter monthly until the equivalent of thirty-six (36) monthly
payments have been paid on behalf of the teacher or until terminated in
accordance with the terms set forth below (Section B)
b.
c.
d.
e.
f.
Such payments are intended as Social Security "bridge" payments
under 29 U.S.C. S. section 623(I)(1)(B)(iii).
(3)
Amount “B” shall be paid by the District to the 403(b) plan(s)
provider(s) as a lump sum. Such sum is due upon the effective
date of the teacher’s retirement and shall be paid within thirty (30)
days thereafter.
g.
(4)
A teacher who retires and then returns to employment with the
District, post retirement, shall be deemed retired for purposes of TEP
and such return to employment shall not affect the benefits payable
hereunder.
(5)
Should the TEP post-retirement benefits to be paid on behalf of a
retiree under this Article in any one calendar year exceed the
contribution limitation established by the I.R.S. for contributions to a
403(b) plan for any calendar year, the amount over and above the
contribution limitation shall be paid directly to the retiree as
compensation and shall be subject to normal taxes and withholdings.
h.
i.
j.
B.
C.
Such monthly TEP Social Security bridge payments shall terminate and the District shall
have no further obligations with regard to the payment of Amount “A” to a 403(b)
plan(s) provider(s) on behalf of a retiree upon the occurrence of any one of the
following: (1) The payment of 36 TEP monthly payments has been completed as
provided in A(2) above; (2) The participating retired teacher becomes eligible for
retirement benefits under Social Security; (3) The participating retired teacher dies; (4)
The participating retired teacher receives any unemployment compensation from the
School District's account. Should benefits terminate by virtue of any events listed
above, such termination shall be effective at the end of the month during which such
event occurs.
Waiver Form. In order to receive the retirement benefits provided pursuant to this
Article, any teacher who retires from the District must waive and release the District and
the Monona Grove Education Association from any and all claims that the teacher may
have based on allegations or claims that the Teacher Emeritus Program, as set forth
herein, violates the Federal Age Discrimination in Employment Act of 1967 (29 U.S.C.
Section 621 et seq.) as amended by the Older Worker Benefit Protection Act of 1990
and the Wisconsin Fair Employment Act (Wis. Stat. Sections 111.31 and 111.33). Such
waiver and release is set forth on a form to be provided by the District, as agreed upon
by the District and the Association, and which the teacher must properly execute as a
condition for receiving the benefits provided herein. A copy of said form (Appendix D)
is attached hereto.
MGSD Teacher Handbook
Page 132