San Antonio ISD 015907 EMPLOYMENT OBJECTIVES DAA EQUAL EMPLOYMENT OPPORTUNITY

210 Pages·2007·0.97 MB·English

SanAntonioISD
015907
EMPLOYMENTOBJECTIVES DAA
EQUALEMPLOYMENTOPPORTUNITY (LEGAL)
NONDISCRIMINATION TheDistrict shall not fail or refusetohireor discharge anyindivid-
—INGENERAL ual, or otherwise discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment on
the basis of any of thefollowing protectedcharacteristics:
1. Race, color, or national origin;
2. Sex;
3. Religion;
4. Age(applies toindividuals who are 40years of age or older);
or
5. Disability.
42 U.S.C. 1981; 42U.S.C. 2000e et seq. (Title VII); 20U.S.C.
1681 et seq. (TitleIX); 42 U.S.C. 12100et seq. (Americanswith
DisabilitiesAct); 29 U.S.C. 621 et seq. (AgeDiscrimination in Em-
ploymentAct); 29U.S.C. 793, 794(RehabilitationAct); U.S. Const.
Amend. I; Labor CodeChapter 21(Texas Commission on Human
RightsAct)
JOBQUALIFICATION TheDistrictmaytakeemployment actions basedon religion, sex,
national origin, or ageinthose certain instances where religion,
sex, national origin, or ageis a bonafideoccupational qualification.
42 U.S.C. 2000e-2(e); 29 U.S.C. 623(f)
EMPLOYMENT TheDistrict shall not print or publish any noticeor advertisement
POSTINGS relating toDistrict employment that indicates anypreference, limita-
tion, specification, or discrimination based onrace, color, religion,
sex, or national origin, unless thecharacteristic is a bonafideoc-
cupationalqualification. 42 U.S.C. 2000e-3(b)
HARASSMENTOF TheDistrict has an affirmative dutytomaintainaworking environ-
EMPLOYEES mentfree of harassmenton thebasis of sex, race, color, religion,
and national origin. 42U.S.C. 2000e et seq.; 29CFR 1606.8(a),
1604.11 [See DIA]
RETALIATION TheDistrictmaynot discriminate against any employee or appli-
cant for employment because theemployee or applicant has op-
posed any unlawful, discriminatoryemployment practices or par-
ticipated intheinvestigation of any complaint related toan
unlawful, discriminatoryemployment practice. 29 U.S.C. 623(d)
(ADEA); 42U.S.C. 2000e-3(a) (TitleVII); 34CFR 100.7(e) (Title
VI); 34 CFR110.34(AgeAct); 42U.S.C. 12203(ADA); Jackson v.
Birmingham Bd. of Educ., 544U.S. 167(2005) (Title IX)
NOTICES TheDistrict shall post inconspicuous places upon its premises a
notice setting forththeinformationthe EqualEmployment Oppor-
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EMPLOYMENTOBJECTIVES DAA
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tunity Commissiondeems appropriatetoeffectuate thepurposes of
the anti-discrimination laws. 29 U.S.C. 627; 42 U.S.C. 2000e-10
SECTION504 Adistrict that employs 15or more persons shall takeappropriate
NOTICE steps tonotify applicants and employees, including thosewith im-
paired vision or hearing, that it does not discriminate onthebasis
of disability.
Thenoticeshall state:
1. That the District does not discriminatein employment in its
programs andactivities; and
2. Theidentity of theDistrict’s 504 coordinator.
Methods of notificationmay include:
1. Posting of notices;
2. Publication in newspapers andmagazines;
3. Placing notices in District publications; and
4. Distributingmemorandaor other written communications.
If theDistrict publishes or uses recruitmentmaterials containing
general information that it makes available to applicants or em-
ployees, it shall include in thosematerials astatement of its non-
discrimination policy.
34 CFR 104.8
AGEDISCRIMINATION TheDistrictmay takeanemployment action onthe basis of age
pursuant toa bonafideseniority system or abonafide employee
benefit plan. However, abonafideemployee benefit planshall not
excuse thefailureto hireany individual and no such benefit plan
shall require or permitthe involuntary retirementof any individual
because of age. 29 U.S.C. 623(f)
SEXDISCRIMINATION Theprohibition against discrimination onthebasis of sex includes
discrimination onthebasis of pregnancy, childbirth, or related
PREGNANCY
medical conditions. TheDistrict shall treat women affectedby
pregnancy, childbirth, orrelatedmedical conditions thesamefor all
employment-related purposes, including receipt of benefits under
fringe benefit programs. 42 U.S.C. 2000e(k)
EQUALPAY TheDistrictmay not pay an employee at arateless thantherate
the employer pays employees of the oppositesexfor equal work
on jobs theperformanceof which require equalskill, effort, or re-
sponsibilityand which are performed under similar working condi-
tions. This ruledoes not apply if the payment is pursuant toasen-
iority system, amerit system, asystemthat measures earnings by
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quantity or qualityof production, or adifferentialbased on any
otherfactor other thansex. 29 U.S.C. 206(d); 34CFR 106.54
RELIGIOUS Theprohibition against discrimination onthebasis of religion in-
DISCRIMINATION cludes all aspects of religious observances andpractice, as well as
religious belief, unless the District demonstrates that it is unableto
reasonably accommodate an employee’s or prospective em-
ployee’s religious observance or practice without undue hardship to
the District’s business. “Undue hardship” means morethana de
minimus (minimal) cost. 42 U.S.C. 2000e(j); 29 CFR 1605.2
TheDistrictmay not substantially burden an employee’s freeexer-
cise of religion, unless the burdenis infurtherance of a compelling
governmental interest and is theleast restrictive means of further-
ing that interest. Civ. Prac. &Rem. Code 110.003
DISABILITY TheDistrict shallmakereasonable accommodations totheknown
DISCRIMINATION physical or mental limitations of an otherwisequalifiedindividual
with a disability, unless the District candemonstratethat theac-
commodation would impose an unduehardship on theoperation of
the District. 42 U.S.C. 12112(b); 29 CFR1630.9; 29 U.S.C. 794;
34 CFR 104.11; Labor Code 21.051 [See DBBregarding medical
examinations and inquiries under theAmericans with Disabilities
Act]
DISCRIMINATION TheDistrict shall not exclude or deny equaljobs or benefits to, or
BASEDON otherwise discriminateagainst, aqualified individual because of
RELATIONSHIP theknown disability of an individual with whom thequalifiedindi-
vidual is known to haveafamily, business, social, or other relation-
ship or association. 42U.S.C. 12112(b)(4); 29CFR 1630.8;
34 CFR 104.11
DEFINITIONS “Disability” means aphysical or mental impairment that substan-
tially limits oneor more of anindividual’s major lifeactivities, are-
cord of having suchan impairment, or being regarded as having
such an impairment. “Major lifeactivities” aresuchfunctions as
caringfor oneself, performing manualtasks, walking, seeing, hear-
ing, speaking, breathing, learning, andworking. 42 U.S.C.
12102(2); 29CFR 1630.2(g)–(l); 28 CFR 35.104;34 CFR 104.3(j),
(l); Labor Code 21.002(6)
“Qualified individual with a disability” means anindividual with a
disability who, with or without reasonable accommodation, canper-
form the essentialfunctions of theemployment position that the
individual holds or desires. Considerationshall begiven tothe Dis-
trict’sjudgment as to what functions of ajobareessential. Awrit-
tenjob description prepared beforeadvertising orinterviewing ap-
plicants for thejobis evidence of thejob’s essential functions.
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EMPLOYMENTOBJECTIVES DAA
EQUALEMPLOYMENTOPPORTUNITY (LEGAL)
42 U.S.C. 12111(8); 29 CFR 1630.2(m), (n); 34 CFR 104.3(l); La-
bor Code 21.105
USEOFILLEGAL Theterm “qualified individual with a disability” does not include any
DRUGS employee or applicant who is currently engaging in theillegal use
of drugs, when the District actsonthebasis of such use.
DRUGTESTING TheDistrict is not prohibited from conducting drug testing of em-
ployees and applicantsfor the illegal useof drugs or making em-
ployment decisions based ontheresults of suchtests.
42 U.S.C. 12114(c), (d) [See DHE]
ALCOHOLUSE Theterm “qualified individual with a disability” does not include an
individual who is an alcoholic and whose current use of alcohol
prevents the employeefrom performing theduties of his or herjob
or whose employment, by reason of suchcurrent alcohol abuse,
would constitute adirect threat to propertyor thesafety of others.
42 U.S.C. 12114(a); 29CFR 1630.3(a); 28 CFR35.104; 29 U.S.C.
705(20)(C)
REASONABLE “Reasonable accommodation” includes:
ACCOMMODATION
1. Making existingfacilities used by employees readily accessi-
ble to andusable by individuals with disabilities; and
2. Job restructuring, part-time or modified work schedules, reas-
signment toa vacant position, acquisition or modification of
equipment or devices, appropriateadjustment ormodification
of examinations,trainingmaterials or policies, theprovision of
qualified readersor interpreters, and other similar accommo-
dations for individuals with disabilities.
42 U.S.C. 12111(9); 29 CFR 1630.2(o); 34CFR 104.12(b)
UNDUE “Undue hardship” means an action requiring significant difficultyor
HARDSHIP expense when considered in light of the natureand cost of the ac-
commodation needed, overall financial resources of theaffected
facilityand the District, and other factors set out in law. 42 U.S.C.
12111(10); 29 CFR 1630.2(p); 34 CFR 104.12(c)
DIRECTTHREATTO As aqualificationstandard, the District may require that anindivid-
HEALTHORSAFETY ual not poseadirect threat tothe healthor safetyof other individu-
als in theworkplace. “Direct threat” means a significant risk tothe
health or safetyof theindividual or others that cannot beeliminated
by reasonable accommodation. 42 U.S.C. 12111(3); 29 CFR
1630.2(q)
COMMUNICABLE TheDistrictmay refuseto assign or continueto assignan individ-
DISEASES ual to ajobinvolving food handling if the individual has an infec-
tious or communicable disease that is transmittedto others through
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EMPLOYMENTOBJECTIVES DAA
EQUALEMPLOYMENTOPPORTUNITY (LEGAL)
handling of food. 42U.S.C. 12113(d); 29U.S.C. 705(20)(D);
29 CFR 1630.16(e); Labor Code 21.002(6)(B)
MILITARYSERVICE TheDistrict shall not deny initial employment, reemployment, re-
tention in employment, promotion, or any benefit of employment on
the basis of membership in a uniformed service, performancein a
uniformedservice, application for uniformed service, or obligation
to auniformedservice. TheDistrict shall not take adverse em-
ployment action or discriminate against any person who takes ac-
tion toenforceprotections affordedby the Uniformed Services Em-
ployment and Re-employment RightsAct of 1994(USERRA).
38 U.S.C. 4311 [See also DEC]
GRIEVANCEPOLICIES Adistrict that receives federalfinancial assistanceandthat em-
ploys fifteenor more persons shall adoptgrievance procedures
SECTION504
that incorporateappropriate dueprocess standards andthat pro-
vide for theprompt andequitable resolution of complaints alleging
any action prohibitedby Section 504 of the RehabilitationAct.
34 CFR 104.7(b), 104.11
AMERICANSWITH Adistrict that employs 50or more persons shall adopt andpublish
DISABILITIESACT grievance procedures providing for prompt and equitable resolution
of complaints alleging any action that would be prohibited by the
Americans with DisabilitiesAct. 28 CFR35.107, 35.140
TITLEIX Adistrict that receives federalfinancial assistanceshall adopt and
publish grievance procedures providing for prompt and equitable
resolution of employee complaints alleging any action prohibitedby
Title IX. 34 CFR 106.8(b); NorthHaven Board of Education v. Bell,
456 U.S. 512(1982)
[See DGBA]
COMPLIANCE TheDistrict shall designate at least oneemployee tocoordinate its
COORDINATOR efforts tocomply withTitle IX, Section 504, theAgeAct, andthe
ADA. The District shall notify all employees of thename, office ad-
dress, andtelephone number of theemployee(s)so designated.
34 CFR 104.7(b), 104.11; 28CFR 35.107, 35.140; 34CFR
106.8(b)
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EMPLOYMENTOBJECTIVES DAA
EQUALEMPLOYMENTOPPORTUNITY (LOCAL)
TheSuperintendent shallserve as coordinator for purposes of Dis-
trict compliance with antidiscrimination laws, except as provided
below.
TITLEIX/ADEA TheDistrict designates the personoccupying theposition listed
COORDINATOR belowto coordinateits effortstocomply withTitleIX of the Educa-
tionAmendments of 1972 andtheAgeDiscrimination in Employ-
mentAct (ADEA), as amended:
Name: ToniThompson
Position: Associate Superintendent, HumanResources
Department
Address: 141 Lavaca Street, SanAntonio,TX 78210
Telephone: [phone]
ADA/SECTION504 TheDistrict designates the personoccupying theposition listed
COORDINATOR belowto coordinateits effortstocomply withTitleII of theAmeri-
cans with DisabilitiesAct of 1990(ADA), which incorporates and
expands upon therequirements of Section 504of theRehabilita-
tionAct of 1973.
Name: Irma Hernandez
Position: Director, Employee Benefits/Risk Management
Address: 141 Lavaca Street, SanAntonio,TX 78210
Telephone: [phone]
COMPLAINTS Allegations of unlawful discriminationshall be directedtothe ap-
propriatecoordinator and shall be heardthroughDGBA(LOCAL).
Reports regarding prohibited harassment, including sexual har-
assment, shall bemadeaccording to DIA(LOCAL).
RECORDS Copies of reports alleging discriminationor prohibited harassment,
RETENTION including sexual harassment; investigationreports; andrelatedre-
cords shall bemaintained by the Districtfor aperiod of at least
threeyears.
DATE ISSUED: 2/13/2006 ADOPTED: 1 of 1
LDU-07-06
DAA(LOCAL)-X
SanAntonioISD
015907
EMPLOYMENTOBJECTIVES DAB
OBJECTIVE CRITERIAFOR PERSONNELDECISIONS (LOCAL)
EMPLOYMENT TheSuperintendent shallestablish administrativehiring andselec-
RESPONSIBILITIESOF tion procedures that areconsistent with contractpolicy and lawand
SUPERINTENDENT that aredesignedto promoteemployment decisions in thebest in-
terest of the District.
OBJECTIVECRITERIA TheBoard establishes thefollowing objective criteriafor decisions
regarding the hiring, dismissal, reassignment, promotion, andde-
motion of District personnel. Thesecriteria are not rank-ordered
and may beconsideredin whole or in part in making such deci-
sions.
1. Academic or technical preparation, supportedby transcripts.
2. Proper certificationforgrade level, subject, or assignment,
including emergency permits and endorsements for specific
subjects, programs, or positions.
3. Experience.
4. Recommendations andreferences.
5. Appraisals and other performance evaluations from immedi-
ate supervisor.
6. Suitability for the positionand professional competency.
7. Analysis of application.
8. Personal interview.
9. Evaluation by principal.
10. Evaluation by interviewteam member(s).
11. Reviewof criminal history record.
12. Theneeds of the District.
SUPPORT Factorstodetermine thebest qualified candidatesfor support per-
PERSONNEL sonnel positions inthe District are:
1. Analysis of application.
2. Evaluation of educationand specifiedtraining for theposition
for which the candidate is applying.
3. Personal interview.
4. Professional andpersonal references.
5. Evaluation of typing skills for clerical and secretarial positions.
6. Related experiences.
7. Reviewof criminal history records.
DATE ISSUED: 8/28/2006 1 of 2
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EMPLOYMENTOBJECTIVES DAB
OBJECTIVE CRITERIAFOR PERSONNELDECISIONS (LOCAL)
8. Reviewof driver recordfor positions that requiredriving.
9. Evaluation of writtenand/or actual demonstrationof technical
skills regarding jobknowledge.
DATE ISSUED: 8/28/2006 ADOPTED: 2 of 2
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San Antonio ISD
015907

EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBA
CREDENTIALS AND RECORDS (LEGAL)

NOTICE TO PARENTS: As a condition of receiving assistance under Title I, Part A of the
QUALIFICATIONS ESEA (20 U.S.C. 6301 et seq.), the District shall, at the beginning
of each school year, notify the parents of each student attending
any school receiving such funds that the parents may request, and
the District shall provide the parents on request (and in a timely
manner), information regarding the professional qualifications of
the student’s classroom teachers, including, at a minimum, the fol-
lowing:
1. Whether the teacher has met state qualification and licensing
criteria for the grade levels and subject areas in which the
teacher provides instruction.
2. Whether the teacher is teaching under emergency or other
provisional status through which state qualification or licens-
ing criteria have been waived.
3. The baccalaureate degree major of the teacher and any other
graduate certification or degree held by the teacher, and the
field of discipline of the certification or degree.
4. Whether the child is provided services by paraprofessionals
and, if so, their qualifications.
ADDITIONAL A school that receives such federal funds shall also provide to
INFORMATION each individual parent timely notice that the parent’s child has been
assigned, or has been taught for four or more consecutive weeks
by, a teacher who is not highly qualified.
20 U.S.C. 6311(h)(6)
PROFESSIONAL A person may not be employed as a teacher, teacher intern or
PERSONNEL teacher trainee, librarian, educational aide, administrator, educa-
tional diagnostician, or counselor by the District unless the person
CERTIFICATE
holds an appropriate certificate or permit. A person who desires to
teach shall present the person’s certificate for filing with the District
before the person’s contract with the Board is binding.
A person employed by the District as an educational diagnostician
before September 1, 2008, may continue employment with the Dis-
trict without obtaining a certificate or permit as an educational di-
agnostician so long as the person is employed by that District.
Education Code 21.003(a), 21.053(a)
An educator who does not hold a valid certificate may not be paid
for teaching or work done before the effective date of issuance of a
valid certificate. Education Code 21.053(b)
FAILURE OF An employee’s probationary, term, or continuing contract under
CERTIFICATION Education Code Chapter 21 is void if the employee:
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EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBA
CREDENTIALS AND RECORDS (LEGAL)

1. Does not hold a certificate or permit issued by SBEC; or
2. Fails to fulfill the requirements necessary to extend the em-
ployee’s temporary or emergency certificate or permit.
This provision does not apply to a certified teacher assigned to
teach a subject for which the teacher is not certified.
Education Code 21.0031(a), (e) [See DF]
LICENSE A person may not be employed by the District as an audiologist,
occupational therapist, physical therapist, physician, nurse, school
psychologist, associate school psychologist, social worker, or
speech language pathologist unless the person is licensed by the
state agency that licenses that profession. A person may perform
specific services within those professions for the District only if the
person holds the appropriate credentials from the appropriate state
agency. Education Code 21.003(b)
SCHOOL DISTRICT The District may issue a school district teaching permit and employ
TEACHING PERMIT as a teacher a person who does not hold a teaching certificate is-
sued by SBEC, if the person holds a baccalaureate degree. A
baccalaureate degree is not required for persons who will teach
only career and technology education.
STATEMENT TO After employing a person under a school district permit, the District
COMMISSIONER shall promptly send a written statement to the Commissioner. This
statement must identify the person, the person’s qualifications as a
teacher, and the subject or class the person will teach. The person
may teach the subject or class pending action by the Commis-
sioner.
Not later than the 30th day after the Commissioner receives the
District’s statement, the Commissioner may inform the District that
the person is not qualified to teach. The person may not teach if
the Commissioner finds that the person is not qualified. If the
Commissioner fails to act before the 30th day after receiving the
statement, the District may issue the school district teaching permit
and the person may teach the subject or class identified in the
statement sent to the Commissioner.
DURATION OF A school district teaching permit remains valid unless the District
PERMIT issuing the permit revokes it for cause. A person authorized to
teach under a school district teaching permit issued by a particular
District may not teach in another school district unless that other
district complies with the permit-issuing provisions. [See DK for
Emergency Permits]
Education Code 21.055
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