Statutes for Equal Opportunity Employment
Code: 5.104 Date Issued. 11/15/01
Opportunity for employment, as well as continuation and advancement in employment, shall be afforded equally to members of all races, creeds, colors, sexes, religions, ages national origins, and individuals with disabilities or veteran status with regard only for qualifications for the positions involved (2.3)
Recruitment of Employees and posting of Vacancies
Code: 5.105 Revised: 10/04
The authorization of all school system positions rests with the Board. Personnel employment shall be within the discretion of the Director of Schools. The Director of Schools is responsible for developing a program to recruit licensed personnel. Identification of personnel needs shall be the responsibility of the Director of Schools and building Principal. Effort shall be made to include representation of academic and professional experience, age, ethnic backgrounds, race and gender. All employees of RCSSD applying for a different position shall be interviewed by the Director of Schools. Vacancies will be advertised locally and through the closest placement offices. Vacancy notices shall be posted for fourteen (14) calendar days prior to filling the position. Personnel vacancies occurring during the school year shall be posted seven (7) calendar days prior to filling the position, except provision may in dire emergency situations require the Director's written approval.
Legal References: 1. TCA 49-2-203 (a)( I )
Application and Recommendation
Code: 5.106 Date Issued 11/5/01
An individual desiring a position with the Board shall make application to the director of schools on forms approved by the Board.1 In a continuing effort to further ensure the safety and welfare of students and staff, the district shall require criminal history records checks and fingerprinting of applicants for teaching positions and any other employee who has proximity to children. Knowingly falsifying information shall be sufficient grounds for termination of employment and shall also constitute a Class A misdemeanor which must be reported to the District Attorney General for prosecution. Any costs incurred by the Tennessee Bureau of Investigation in conducting such investigations of applicants shall be paid by the Board provided that the applicant is employed as a teacher. The cost of criminal checks and fingerprinting of all other paid employees shall also be paid by the Board provided they are employed.2 The Board assigns to the director of schools the duty to conduct thorough background checks and to advise all applicants that all hiring decisions are contingent upon satisfactory background check results.
The application must include a transcript of credits earned at the colleges or universities attended along with referenceinformation from persons such as previous employers, college professors and supervisors of student teachers. Other information shall include whether such applicant has been dismissed for cause from a school system. If previously employed by a local board of education, the applicant shall provide evidence of acceptable resignation.1
No person shall be employed:
- Who does not hold a valid license to teach from the State Board of Education3,
- Who does not present a physician's certificate showing a satisfactory health record or has any contagious or communicable disease in such form that might endanger the health of school children4;
- Who refuses to take and subscribe to an oath to support the Constitution of the State of Tennessee and of the United States of America;
- Who fails to make a fall disclosure of any prior criminal record and any prior dismissals from employment for cause, or
- Who does not receive a satisfactory background check.1
No person shall be employed:
- Who has any contagious or communicable disease is such form that might endanger the health of the children4;
- Who is has not complied with the Immigration Reform and Control Act of 1986; or
- Who fails to make a full disclosure of any prior criminal record and any prior dismissals from employment for cause; or
- Who does not receive a satisfactory background check1.
After checking references and receiving written recommendations, the director of schools shall hire and assign qualified applicants7.
Upon initial employment, the director of schools shall notify such person, in writing, of the offer and conditions of employment. Upon receipt of employment notification, such person shall have fourteen (14) days to accept or reject, in writing, the offered employment. From the date of the written acceptance, such person is considered to be under employment with the Board and is subject to all rights, privileges and duties1.
After checking references and receiving written recommendations from principals and/or supervisors, the director of schools shall hire and assign qualified applicants. The contract of each support employee shall contain a statement regarding the required ninety (90) day probationary period.
1TCA 49-5406 2TCA 49-5- 406 (a); TCA 49-5-413(b) 3TCA 49-5-403; TCA49-5-101 4TCA 49-5-404;TRR/MS 0520-l-3-,08(2)(f) 5TCA 49-5-405 6Immigration Reform and Control Act of 1986 7TCA 49-2-301(f)(12)(31); TCA 49-2-303 (aX3)