Transcript Institutional Education Programs Employee Handbook The Employee Handbook is outlined to help understand Institutional Education’s personnel policies.

Institutional Education Programs
Employee Handbook
The Employee Handbook is
outlined to help understand
Institutional Education’s personnel
policies.
Specific Purpose of the Handbook
• Provide information concerning benefits, right
and responsibilities;
• Establish guidelines/procedures for day-today administration of personnel matters;
• Ensure fairness & consistency in personnel
decision making;
Specific Purpose of the Handbook
• Ensure that Department recruits and selects and
retains personnel with high capabilities and committed
to the mission and goals of the State Board and
Department;
• Provide a climate which fosters optimal staff
performance and high morale; and
• Meet both Department and employee needs in
providing leadership and service for high quality
education in Institutional Education Programs.
The Employee Handbook is not intended as a detailed
statement of all applicable personnel statutes,
regulations and policies.
Additional information may be obtained from supervisor
or Human Resources Office (304-558-2702).
The Employee Handbook Does Not
Constitute a Contract for Employment.
Table of Contents
Section I:
Getting Acquainted
Section II:
Work Schedules & Pay
Section III: Benefits
Section IV: Employment & Related Policies
Section V:
Administrative Procedures
Section VI: Disciplinary & Grievance
Procedures
Section VII: Separations
Section I: Getting Acquainted
• An Overview of the Board and Department
• Mission of State Board of Education
• Institutional Education Programs
• Your Employment Relationship
• Equal Employment Opportunities
• Accommodating Employees with Disabilities
• Harassment
• Communications Policy
• Employment Categories
An Overview of the Board and
Department
The Constitution of West Virginia provides that
the general supervision of the free school is
vested in the West Virginia Board of Education.
There are nine (9) members appointed by the
Governor for terms of nine (9) years.
The State Board selects a State Superintendent
of Schools, who is the Chief Executive Officer.
Mission of the State Board of
Education
To establish and maintain a thorough, efficient,
accountable and dynamic educational system.
Institutional Education Programs
The State Board and State Superintendent are
responsible for the education of:
1.
Juveniles in State Correctional Institutions;
2.
Juveniles Placed in Secure Pre-Dispositional Juvenile
Detention Centers and Diagnostic Centers;
3.
Adults in State Correctional Institutions and Regional
Jails;
4.
Juveniles in the State’s Residential Institution for the
Seriously Emotionally Disturbed; and,
5.
Juveniles Placed in Certain Residential Institutions for
Custody and Treatment.
Institutional Education Programs
• The Department Acts Like a “Special School
District” for Institutionalized Youth and Adults.
• The Department’s Educational Programs in
Institutions are Administered by the Office of
Institutional Education Programs.
The Mission of Institutional Education
Programs is to Prepare Juveniles and
Adults for Successful Transition to
School or Employment and to Life in
Their Communities as Responsible
and Productive Citizens.
Your Employment Relationship
1. Department staff are governed by policies
of the State Board, applicable state and
federal laws and regulations and
directives of the State Superintendent or
designee(s).
2. Department staff are noncontractural
employees. (pg. 3)
Equal Employment Opportunity
It is the Policy of the WV Department of Education
to afford equal opportunity for employment
without regard to race, color, religion, national
origin, disability which can be reasonably
accommodated, gender, age, veteran status, or
political affiliation. (pg. 3)
Accommodating Employees
with Disabilities
• The Department will make reasonable
accommodations to known physical or mental
impairment of qualified individuals with a
disability.
• An individual with a disability has the
responsibility to request an accommodation.
(pg. 3)
Harassment
The WV Department of Education strictly prohibits
racial, sexual or religious/ethnic harassment of
any kind or violence toward students and staff.
The Department will not tolerate any form of
discrimination or harassment (Policy 2421). (pg. 4)
Communications Policy
The West Virginia Department of Education is committed
to establishing & maintaining good lines of
communication with and among employees at all levels
of the organization.
Supervisors are responsible for keeping their staff
members reasonably informed. (pg. 4)
Employment Categories
The Department categorizes employees as “professional”
or “associate staff” members.
Professional staff members are “exempt” from the
provisions of the Fair Labor Standards Act (Overtime
Compensation)
Associate staff members are “nonexempt” and covered
by FLSA wage and hour laws. (pg. 5)
Section II: Work Schedules and Pay
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Work Year
Work Week
Work Day
Work Schedules
Overtime
Lunch/Meal Periods
Planning Period
School Closure Due to Inclement Weather & Special
Circumstances
Pay
Pay Periods & Paydays
Payroll Deductions
Salary Advancements
Work Year
• Employment days are between 200 and 261 as
designated on the job description.
• School calendars are developed by education at the
institution in collaboration with the host agency.
• School calendars normally consist of 200 days with an
extended school term up to 40 days.
• The number of days of employment may be reduced as
a result of a lack of funding, need or change of program.
(pg. 8)
Work Week
The normal workweek is defined as 37.5
hours. (pg. 8)
Work Day
• The normal work day must be at least seven and
one-half clock hours and may not exceed eight
clock hours.
• Professional staff are expected to attend activities
which must necessarily take place before or after
the work day without additional compensation.
(pg. 8)
Work Schedules
• The principal/lead teacher, with the approval of the
Superintendent of IEP, establishes the school
calendar
and work schedules.
• Employees are responsible for reporting to work at
the
prescribed time and location.
• Work hours may be changed in the event of an
emergency or unusual circumstance. (pg. 9)
Overtime
Associate Staff - overtime is defined as the number of
hours worked beyond 40 hours in the workweek; time
approved in advance and authorized by the supervisor.
Nonexempt employees are paid one and one-half times
their hourly rate for hours worked in excess of 40 each
week. (pg. 9)
Overtime
Professional Staff - are exempt from overtime pay
requirements and are expected to work the hours and
schedules necessary to fulfill job requirements.
Compensatory time is not available for work in excess
of regularly scheduled hours.
Any adjusted work schedule must be approved in
advance and authorized by the Superintendent of IEP
and must be used within a twenty day work period. (pg.
9)
Lunch/Meal Periods
Staff employed more than one-half the class periods in
the work day or more than three and one-half hours
during the work day are granted a duty free lunch/meal
period of not less than thirty consecutive minutes.
A staff member may exchange a lunch/meal period for
any compensation or benefit mutually agreed upon. (pg.
9)
Planning Period
Teachers employed more than one-half the class periods
in the work day are provided at least one planning period.
The planning period shall be the length of the class
period but not less than thirty consecutive minutes.
A teacher may exchange a planning period for any
compensation or benefit mutually agreed upon. (pg. 10)
School Closure Due to Inclement
Weather & Special Circumstances
• The principal/lead teacher, in coordination with the chief executive
officer of the institution, determines whether to close or delay school.
• Early dismissal resulting in less than one-half instructional day is
counted as a non-instructional day.
• If required, a make-up date for instruction shall be designated within
the school calendar.
• If school remains open, staff who miss must use Personal Leave for
Illness and Other Causes (sick leave). Staff without leave, will have
their pay docked. (pg. 10)
Pay
The daily rate of pay is equivalent to the daily rate of
pay of a comparable position in the public schools of
the county where the facility is located. (pg. 11)
Pay Periods and Paydays
• Employees are paid twice a month - on the 15th &
30th or 16th & 31st.
• If a scheduled payday falls on a Saturday or Sunday,
paychecks are issued on the Friday preceding the
scheduled payday. (pg. 11)
Payroll Deductions
• Federal Withholding Tax
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State Withholding Tax
Social Security Withholding Tax (FICA)
Medicare
Teachers Retirement (pg. 11)
Salary Advancements
Professional and associate staff may earn salary
advancements through achievement of advanced
salary classifications as prescribed in Policy 5202.
Employees are responsible for filing appropriate
paperwork for advanced salary classification. (pg. 12)
Section III: Benefits
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Holiday Observations
Out-Of-School Environment Days
Annual Leave for 261-Day Employees
Personal Leave for Illness & Other Causes
Leave Donation Program
Court Witness & Jury Duty Leave
Military Leave
Parental/Family Leave
Section III: Benefits (Continued)
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Medical Leave of Absence Without Pay
Leaves of Absence - Personal
Medical/Basic Life Insurance
COBRA Benefits
Teachers Retirement System
Staff Development
Unemployment Compensation
Workers’ Compensation
Other Benefits
Holiday Observations
New Years Day
1st Day of January
Martin Luther King’s Birthday
3rd Monday of January
Memorial Day
Last Monday in May
West Virginia Day
20th Day of June
Independence Day
4th Day of July
Labor Day
1st Monday of September
Veterans Day
11th Day of November
(pg. 14)
Holiday Observations (Continued)
Thanksgiving Day
4th Thursday of November
Christmas Day
25th Day of December
Primary Election Day - When a statewide primary election is held
General Election Day - When a statewide general election is held
Any other dates proclaimed by the President or Governor as
official holidays.
When a holiday occurs on Sunday, the Monday immediately
following will be observed as the holiday. When a holiday occurs
on Saturday, the Friday immediately preceding will be observed as
the holiday. (pg. 14)
Out-Of-School Environment Days
• Six paid non-instructional days are designated
and scheduled within the regular term of the
school calendar.
• 261 Day employees are required to work at
the school on OSE days. (pg. 14)
Annual Leave for 261-Day Employees
Years of Service
Month
Days Earned Per
0-4
1¼
5-9
1½
10-14
1¾
15+
2
Annual Leave For 261-Day Employees
Up to 40 days of annual leave may be carried
over from one calendar year to another.
When an employee transfers to another state
agency, all accumulated annual leave is
transferred. (pg. 15-16)
Personal Leave for Illness and Other Causes (Sick
Leave)
A death of the employee’s immediate family not to exceed 5
days.
A physician’s written statement is required for use of sick
leave beyond 3 consecutive working days.
Earning rate, procedures and guidelines are specified in
the Handbook. (pg. 16-19)
Leave Donation Program
Annual leave accrued or accumulated by an
employee may, if voluntarily agreed by the
employee, be transferred to the annual leave
account of another designated employee if the
other employee requires additional leave
because of a medical emergency or prolonged
illness. (pg. 19)
Court Witness and Jury Duty Leave
An employee will be granted leave with pay
when subpoenaed to testify in court in a case
in which he or she is not a party or when
summoned to serve on a jury. (pg. 19)
Military Leave
May not exceed 30 working days in any one
calendar year.
Must be accompanied by an official order
from the appropriate military officer. (pg. 19)
Parental / Family Leave
Entitled to a total of 12 weeks unpaid
parental/family leave following the
exhaustion of annual and personal leave as
provided in the West Virginia Parental Leave
Act. (pg. 20)
Medical Leave of Absence Without
Pay
An injured or ill employee may be granted an
approved medical leave without pay, not to
exceed six months in a twelve month period,
following the expiration of any personal and/or
annual leave. (pg. 21)
Leave of Absence – Personal
An employee may be granted personal leave of
absence without pay subject to the discretionary
approval of the State Superintendent and State
Board. (pg. 22)
Medical/Basic Life Insurance
Participation is voluntary for enrollment in
Public Employees Insurance Agency (PEIA)
Benefit Plan. The plan offers hospital, surgical,
major medical, prescription drug and other
medical care benefit coverage. (pg. 23)
COBRA
(Consolidated Omnibus Budget Reconciliation Act)
Federal law entitles employees and covered
dependents to continue medical coverage
when coverage would otherwise terminate,
provided the employee and/or dependents pay
the full group premiums. (pg. 23)
Teachers Retirement
System
All employees required by state law to be
members of the Teachers Retirement
System administered by the WV
Consolidated Public Retirement Board.
(pg. 23)
Staff Development
Staff are provided a variety of opportunities to
develop and improve job skills.
Pending available funding and approval, staff
may attend workshops and training pertinent to
areas of responsibility. (pg. 24)
Unemployment
Compensation
Employees are covered by the West Virginia
Unemployment Compensation Law which is
designed to provide insurance against loss of
wages to employees who become
unemployed. (pg. 24)
Workers’ Compensation
If you sustain a job-related illness or injury, you
may be eligible to receive compensation for
loss of wages due to both temporary and
permanent disabilities. (pg. 24)
Other Benefits
Other benefits include the purchase of U. S.
Savings Bonds through a payroll savings plan,
tax sheltered annuities and membership in the
WV Public Employees Credit Union. (pg. 24)
Section IV
Employment & Related Policies
• Personnel Selection Criteria
• Employment Process
• Employment of Family Members
• Orientation
• Outside Employment
• Personnel File
• Minimal Requirements for Licensure
• Performance Expectations
• Performance Evaluations
Personnel Selection Criteria
The Department of Education shall recruit and
employ the highest qualified personnel. Qualified
shall mean the individual possesses the knowledge,
skills and abilities to:
1. Perform the job requirements;
2. Work within the special setting of a correctional,
health or human service facility; and
3. Work as part of an educational and rehabilitation
team. (pg. 26)
Employment Process
All position announcements are posted and sent to standard
recruiting sources and are advertised for a minimum of 15
calendar days with the option to advertise only within the
Department.
Applicants for associate and professional positions submit
application to the Office of Human Resources.
Interview committee recommends up to three candidates to the
Superintendent of Institutional Programs who recommends the
appointment to the State Superintendent.
Once approved by the State Superintendent, a proposed offer of
employment is extended. (pg. 26)
Employment of Family Members
The Superintendent and Board discourage the
employment of immediate family members of
Department personnel.
Immediate family is defined as husband, wife and
children.
Exceptions could include family members not directly
supervised by another family member or assigned to
separate divisions. (pg. 27)
Orientation
• All newly hired employees will be given formal
orientations to the Department and school.
• New employees report to the principal/lead teacher to
receive a school handbook outlining all policies and
procedures, and to apply for benefits and fill out other
necessary forms.
• The principal/lead teacher is responsible for maintaining
an orientation check list to ensure employees have
received an appropriate orientation. (pg. 28)
Outside Employment
Any outside employment must not present a
conflict of interest or prevent the employee
from performing assigned duties and must be
during off duty hours.
Employees must provide the Superintendent of
IEP with prior written notice of consultant
agreements with county school districts,
RESA’s and other state agencies. (pg. 28)
Personnel File
Necessary job-related and personal information
about each employee is retained in the official
personnel file kept by the Department’s Office
of Human Resource.
Files include identifying information;
employment applications and other related
documents; job descriptions; certification and
training records; notices of pay changes and
benefit coverage information; performance
evaluations and disciplinary records. (pg. 29)
Minimal Requirements for
Licensure of Professional Staff
• Professional educators shall hold a valid teaching
license endorsed in the assigned area(s) of
responsibility.
• Professional staff are responsible for:
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Knowing the expiration date of their teaching license;
Being aware of renewal requirements;
Filing appropriate applications; and
Upgrading salary classifications.
(pg. 30)
Performance Expectations
The State Superintendent and the State Board have established standards of
conduct and performance expectations for all staff members of the
Department of Education and expect employees to:
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Work effectively;
Demonstrate self control;
Exhibit an attitude of mutual respect and tolerance;
Demonstrate ethical conduct;
Demonstrate good work habits;
Demonstrate effective writing and oral presentation skills;
Demonstrate expertise in areas of responsibility;
Abide by state and federal laws, policies, regulations, & directives;
Represent the Department in a positive and professional manner;
Keep up to date with developments in his or her field;
Faithfulness and promptness in attendance at work;
Maintain just and courteous professional relationships; and
Demonstrate respect for established lines of authority. (pg. 30)
Employee Code of Conduct
Policy 5902 requires that employees shall:
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Exhibit professional behavior;
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Contribute to a cooperative environment for achievement at the
highest levels;
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Maintain an environment free from harassment, intimidation,
bullying, substance abuse, and/or violence, and free from bias
and discrimination;
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Care through understanding and support;
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Intervene in any Code of Conduct Violation;
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Maintain high standards of conduct, self-control, and
moral/ethical behavior; and
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Comply with Federal and WV laws policies, regulations and
procedures. (pg. 30)
Performance Evaluations
Employees receive written job performance evaluations by
their supervisor(s) in accordance with Policy 5310 and
Policy 5314.
Evaluations are based upon established performance
criteria or goal accomplishment.
An improvement plan is implemented if an evaluation is
unsatisfactory or at any time an employee’s performance is
unsatisfactory. (pg. 31)
Section V: Administrative Policies
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Staff-Student Relationships
Supervision of Students
Safety & Security
Safe Schools
Staff Dress & Grooming
Reporting of Child Abuse & Neglect
Health and Safety
Tuberculosis Test
Hepatitis B Inoculation
Attendance and Punctuality
Absence Reporting
Political Activities
Alcohol and Drugs in the Workplace
Tobacco Control Policy
Confidentiality
Solicitations
Section V: Administrative Policies
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Membership Fees
Copyright Infringement
Information Systems
Telephone Calls
Use of Department Property
Travel
Conflicts of Interest
Relationships with Media
Department Stationary
Freedom of Information
Department Publications
Faculty Advisory Committee
Floral Contributions
Operational Procedures Manual
Staff-Student Relationships
1.
Staff shall treat students with respect, courtesy
and consideration.
2.
No profane, demeaning, indecent or insulting
language or words with racial or ethnic
connotations.
3.
Partiality is prohibited.
4.
Employees shall not extend or promise a
student or former student, unauthorized special
privileges or favors. (pg. 34)
Staff-Student Relationships
5.
Student records, offenses, personal history or private
affairs is for official use only.
6.
Insults nor sarcasm may be used before a student’s peers
as a way of forcing compliance with a staff member’s
requirements or expectations.
7.
Staff shall strive to provide for the fullest selfdetermination by each student in regard to his or her
education program.
8.
Staff shall comply with host agency policies and rules.
(pg. 34-35)
Supervision of Students
• Staff members are accountable for taking student
attendance and reporting absences.
• Students are not to be left unattended or staff
members permitted to delegate supervision
responsibilities without authorization of the
principal/lead teacher.
• Supervision of students extends beyond the
classroom to all areas of the school and is a
shared responsibility by all staff. (pg. 35)
Safety & Security
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Staff have responsibility in assisting host
agency in maintaining safety and security by:
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Complying with policies and procedures for safety and
security;
Providing effective classroom discipline;
Maintaining vigilance, and detecting and responding to
behavioral changes in students;
Maintaining inter-departmental and interagency
communications; and
Performing reporting and security functions. (pg. 35)
Safe Schools
• Staff shall report all violations of the Student
Code of Conduct (Policy 4373) to the
principal/lead teacher.
• Staff have responsibility for reducing the risk of
violence, maintaining order, demonstrating
mutual respect and ensuring that students
receive the help they need.
• Staff shall not carry or possess a deadly weapon.
(pg. 36)
Staff Dress & Grooming
• Staff members serve as role models for juveniles
and adults in institutions.
• Staff are expected to dress and groom
appropriately for the educational environment
and in a manner that is not disruptive to the
educational process.
• Dress and grooming must meet health, safety
and security requirements. (pg. 36)
Reporting of Child Abuse & Neglect
• Staff shall report immediately, and not more than
48 hours, after suspecting a student is abused or
neglected.
• Compliance and reporting procedures are required
by State Code 49-6A-2.
• Failure to report may result in a fine, incarceration,
or both. (pg. 36)
Health & Safety
• Staff expected to follow safety instruction and
comply with procedures to prevent accidents.
• Staff responsible to immediately report all health
and safety problems to immediate supervisor.
(pg. 36)
Tuberculosis Test
• Legislative House Bill 2885 requires compulsory
tuberculosis testing for out-of-state transfer
students and new school employees.
• All school personnel shall have an approved
tuberculin skin test at the time of employment,
unless required more often by the school’s host
agency.
• A confidential record of approved test results shall
be maintained in the school’s office. (pg. 37)
Hepatitis B Inoculation
• Employees in Institutional Education Programs
are strongly encouraged to receive Hepatitis B
inoculations.
• Staff interested in receiving the Hepatitis B
vaccination should contact their principal/lead
teacher. (pg. 37)
Attendance and Punctuality
The Department expects regular attendance from all
employees. Employees are required to be on time and
ready to work at the beginning of their scheduled work
periods.
The principal/lead teacher is responsible for reviewing
the attendance records of all employees under her or
his supervision at the end of each month.
Suspected attendance abuse shall be reported to the
Superintendent of IEP. (pg. 37)
Absence Reporting
• Request for leave are to be requested in advance.
• If an employee must be absent without prior
approval he or she is required to notify his or her
immediate supervisor by 9:00 a.m. of the initial
day absent.
Political Activities
• Staff are prohibited from using their official
position or Department resources for political
activities.
• Staff are permitted to participate in voting;
expressing opinions as private citizens; attending
political rallies as spectators; and making lawful,
voluntary political contributions. (pg. 38)
Alcohol & Drugs in the Workplace
• It is the policy of the Department to ensure that
its workplaces are free of alcohol, illegal drugs
and controlled substances by prohibiting the use,
possession, purchase, distribution, sale, or
presence in the body system, without medical
authorization.
• This is applicable while employees are engaged
in any work-related activity which includes
performance of Department business during
regularly scheduled work days and meal breaks
having a connection with the job or agency.
(pg. 39)
Tobacco Control Policy
Policy 2422.5A restricts the use of any tobacco
product at any time by any person in any
building or other property owned or operated by
the Department or by a county board of
education or RESA. This policy includes
private buildings, automobiles, or other vehicles
used for school activities and Department
functions when students and staff are present.
(pg. 39)
Confidentiality
• Employees are prohibited from disclosing
confidential information.
• Violation may be grounds for disciplinary action
and/or other legally mandated penalties.
(pg. 40)
Solicitations
Nonpolitical solicitation, sales, and/or
distribution of literature or merchandise by state
employees and/or non-state employees is
prohibited on state property or at any work site
without the written permission of the
Superintendent of Institutional Education
Programs. (pg. 40)
Membership Fees
• The Department does not pay organizational
membership fees for individuals.
• Before agreeing to accept any office or committee
assignment which requires expenditures, approval
must be obtained by the Superintendent of
Institutional Education Programs. (pg. 40)
Copyright Infringement
• Infringement of copyright is prohibited by law
and Policy 5711.
• Employees must adhere to the copyright law in
regard to the reproduction of print and nonprint
materials. (pg. 40)
Information Systems
• The Department’s information systems are to be
used exclusively for the business of the
organization.
• All information system messages are records of
the Department.
• The Department reserves the right to enter an
employee’s information system files whenever
there is a business need to do so. (pg. 41)
Telephone Calls
All telephones are for the purpose of
conducting official business.
All personal calls should be held to a minimum.
(pg. 41)
Use of Department Property
• Department property of any kind is to be used
only for officially approved activities.
• Employees are obligated to protect and conserve
Department property.
• Any state-owned or leased property which is lost
or misplaced must be reported within twenty-four
hours.
• State vehicles are to be used for official business
only. (pg. 41)
Travel
• All travel must be approved in advance by the
Superintendent of IEP.
• All out-of-state travel must be approved by the
State Superintendent or designee.
• All travel must be in compliance with applicable
state travel regulations. (pg. 42)
Conflicts of Interest
• Employees are bound by the WV Governmental
Ethics Act.
• This Act establishes a code of conduct to guide
employees and help them avoid conflicts between
personal interests and public responsibilities.
(pg. 42)
Relationships With Media
• Prepared news releases must be approved by the
Superintendent of IEP and Executive Director of Public
Information.
• Employees should not contact media directly without first
discussing them with the Superintendent of IEP and
Executive Director of Public Information.
• Any information provided to media should be factual and
consistent with the policies of the State Board of Education.
• Under all circumstances, the Superintendent of IEP and the
Executive Director of Public Information must be notified as
soon as possible regarding information provided to the
media. (pg. 42)
Department Stationary
Employees are required to use official Department
stationery for conducting Department business.
Use of any other stationery for Department
business is prohibited. (pg. 42)
Freedom of Information
• Under the Freedom of Information Act, any
person has a right to inspect or copy any public
record as provided by the Act.
• All Freedom of Information Act requests must be
made in accordance with Policy 1230: Freedom of
Information Requests.
• Persons seeking public records will be required to
reimburse the Department forty cents per page
payable prior to release. (pg. 43)
Department Publications
• All publications must be approved in advance by
the Superintendent of IEP and Executive Director
of Public Information.
• Publication include, but are not limited to,
newsletters, reports, manuals, programs,
handbooks, brochures, directories and other
publications related to programs, services or
operations.
• The Department retains all rights and privileges
pertaining to ownership of all publications and
materials. (pg. 43-44)
Faculty Advisory Committee
• The principal/lead teacher shall organize a
Faculty Advisory Committee whose purpose shall
be to provide the administration with
recommendations concerning program
development and improvement.
• The Faculty Advisory Committee will be scheduled
to meet during instructional time as specified in
the school calendar. (pg. 44)
Floral Contributions
• A fund is maintained for purchase of flowers
and/or donations of deceased Department
personnel as outlined in the Employee Handbook.
• Voluntary contributions will be requested from
time to time. (pg. 44)
Operational Procedures Manual
• The Superintendent of IEP is responsible for the
development and maintenance of an operational
procedures manual to provide staff with
guidance.
• The principal/lead teacher shall maintain an
updated copy of the manual and make available
to staff.
• The principal/lead teacher shall also provide staff
with applicable host agency policies and
procedures. (pg. 44)
Section VI. – Disciplinary &
Grievance Procedures
Disciplinary Action
Grievance Procedure
Disciplinary Action
• The purpose of disciplinary action is to
communicate to an employee that certain
actions are inappropriate or are in violation of
Department policies and procedures. (pg. 46)
Disciplinary Action
Examples of reasons for suspension:
• Misuse of state funds or property
• Insubordination
• Incompetence
• Unsatisfactory performance
• Intemperance
• Willful neglect of duty
• Immorality
• Cruelty (pg. 46)
Disciplinary Action
Examples of reasons for suspension (Continued)
• Violation of the alcohol & drugs in the workplace
policy
• Fraud
• Conviction of a felony or a guilty plea or a plea of
nolo contendere to a felony charge
• Activities involving conflict of interest and violations of
law and/or policy of the Board. (pg. 46)
Suspension or Dismissal
• Recommendations to suspend or dismiss an
employee
may arise with the immediate supervisor
and shall be presented in writing with documented
reasons for the
action to the Superintendent of IEP.
• The Superintendent of IEP or designee shall
investigate the matter.
• Should an employee be recommended for
suspension or dismissal, proper written notice
enumerating the
charges shall be sent to the
employee by certified mail return receipt requested.
(pg. 46)
Suspension or Dismissal
(continued)
• Employees who commit acts of violence or other
egregious misconduct or serious violations may be
temporarily suspended without pay.
• The school principal or supervisor shall immediately
notify the State Superintendent or designee of the
temporary suspension.
• Suspended employees cleared of charges pending
against them as the result of an investigation will be
reinstated with full back pay. (pg. 47)
Grievance Procedure
• Employees of the West Virginia Department of
Education are covered by the Grievance Procedure
for Education Employees (W.Va. Code 18-29-1 et
seq.)
• The intent of the Grievance Procedure is to foster an
environment in which grievances can be resolved at
the lowest possible administrative level. (pg. 47)
Steps of the Grievance Procedure
(a) Level One
1. Before a grievance is filed and within 15 days following the
occurrence of the event, or within 15 days of the date on which
the event became known, the grievant or representative shall
schedule a conference with the immediate supervisor.
2. The immediate supervisor shall respond to the grievance within
10 days of the conference.
3. Within 10 days of receipt of the response from the immediate
supervisor following the informal conference, a written grievance
may be filed with supervisor.
4. The immediate supervisor shall state the decision to the
grievance within 10 days after the grievance is filed. (pg. 48)
Steps of the Grievance Procedure
(b) Level Two
Within 5 days of receiving the decision of the immediate
supervisor, the grievant may appeal the decision to the chief
administrator and such administrator or his/her designee shall
conduct a hearing in accordance with section six of this article
within 5 days of receiving the appeal and shall issue a written
decision within 5 days of such hearing. (pg. 48)
Steps of the Grievance Procedure
(c) Level Three
All Department grievances will proceed from Level Two
to Level Four. (pg. 49)
Steps of the Grievance Procedure
(d) Level Four
1. If the grievant is not satisfied with the decision at Level Two,
within 5 days of the written decision the grievant may request in
writing on a form, that the grievance shall be submitted to a
hearing examiner as provided in WV State Code Section 18-295. Such hearing to be conducted within 10 days following the
request or within 30 days or such time mutually agreed upon if
hearing examiner gives reasonable cause to the necessity for
such delay.
2. Within 30 days following the hearing, the hearing examiner shall
render a decision in writing to all parties setting forth the
findings and conclusions. (pg. 49)
Matters Excluded From the
Grievance Procedure
The following are not legitimate grievance matters:
1. When authority to act is not vested with the
employer;
2. Relating to public employee retirement; and
3. Relating to public employees insurance. (pg. 49)
Expedited Grievance Procedure
An employee may file a grievance directly to the
Education and State Employees Grievance
Board for a Level 4 hearing within 10 working
days of the effective date of the following action:
1. Suspension exceeding 20 working days;
2. Demotion for cause (with prejudice); and
3. Dismissals. (pg. 49)
Time Limits
If a decision is not rendered at any level within the
prescribed time limits, the grievant may appeal to the
next level of the grievance procedure. Time frames at
Levels 1 and 2 may be extended by written mutual
agreement.
The grievant may prevail by default if a grievance
evaluator required to respond to a grievance at any
level fails to make a required response in the time limits
required. (pg. 50)
Section VII: Separations
• Resignation
• Retirement
• Reduction in Force
• Dismissal
• Death
Section VII: Separations
A separation from employment occurs when an
employee (1) resigns, (2) retires, (3) is laid off
because of lack of work or shortage of funds,
(4) is terminated from a limited term
appointment, (5) transfers from one state
agency to another, or (6) is dismissed.
Resignation
Employees who plan to resign should give a minimum
of two-weeks written notice prior to their last day of
work.
The notice should state the reason for the resignation.
(pg. 52)
Retirement
Employees who retire through the Teachers Retirement
System are entitled to be paid for all accrued annual
leave. Employees may, however, elect not to receive
payment for accrued annual leave and may apply this
balance as well as sick leave balance toward extended
insurance coverage or to acquire additional credited
service in the retirement system. (pg. 53)
Reduction-In-Force
Due to a drop in enrollment, lack of need, or loss of
funding, it may become necessary for the State Board of
Education to reduce the number of employees in any or
all of the Institutional Education Programs. Employees
may be reduced by the State Board at any time.
Whenever it is necessary to reduce the number of
professional or associate staff, the affected employee
will be notified, in writing, by certified mail, at least 30
calendar days in advance of the last day of work. (pg.
53)
Reduction-In-Force
All professional employees whose seniority is insufficient
to allow their retention shall be placed on a preferred
recall list at the facility which will allow re-employment at
the facility into the area of previous employment or to
any lateral area for which they have certification and/or
licensure and shall be recalled on the basis of seniority if
no regular full-time professional or those returning from
leaves of absence with greater seniority are qualified,
apply for and accept such a position. (pg. 53-54)
Reduction-In-Force
Should there be a reduction in force of associate staff,
the employee with the least amount of seniority at the
facility within that classification or grades of classification
shall be properly released and employed in a different
grade of that classification if a vacancy at that facility
exists. Provided, that there is no vacancy within such
classification or grades of classification, he or she shall
be employed in any other job classification which was
previously held at the facility if there is a vacancy and
shall retain any seniority accrued. (pg. 54)
Reduction in Force
Laid-off employees who are participating members of
the Public Employee’s Insurance Agency will have
continued basic health and life insurance coverage for
themselves and basic health insurance coverage for
eligible dependents for the entire month of separation
plus an additional 3 months following the month of
separation at no additional cost to the employee. (pg.
54)
Dismissal
Employees who are dismissed have the right to file a
grievance with the Education and State Employees
Grievance Board through the expedited grievance
procedure.
Death
When an employee dies leaving a balance of accrued
annual leave, this balance is paid in a lump sum to the
estate of the deceased employee.
Annuity benefits may be available through the Public
Employees Retirement System to a surviving spouse or
eligible dependents.
Surviving legal spouse and eligible dependents of a
deceased employee who was a PEIA participant may
elect to continue medical coverage at their own
expense. (pg. 55)
Employee Handbook
The Employee Handbook is not intended as a
detailed statement of all applicable personnel
statutes, regulations and policies. Employees
may request further information from their
supervisor or the Department’s Office of
Human Resources if more specific information
is desired. In case of any inconsistency
between the content of this handbook and
applicable statutes, regulations or policies,
the latter shall prevail.
Office of Institutional
Education Programs