School-Based Decision Making (SBDM)
Personnel
The following is the statutory requirement of School Councils in the area of filling personnel vacancies:
- After receiving notification of the funds available for the school from the local board, the School Council shall determine, within the parameters of the total available funds, the number of persons to be employed in each job classification at the school. The Council may make personnel decisions on vacancies occurring after the School Council is formed but shall not have the authority to recommend transfers or dismissals (KRS 160.345 [2], [f]).
- From a list of applicants submitted by the local superintendent, the principal at the participating school shall select personnel to fill vacancies, after consultation with the School Council. Requests for transfer shall conform to any employer-employee bargained contract that is in effect. If the vacancy to be filled is the position of principal, the School Council, after receiving training, shall select the new principal from among those persons recommended by the local superintendent. Personnel decisions made at the school level under the authority of this subsection shall be binding on the superintendent who completes the hiring process. The superintendent shall provide additional applicants upon request when qualified applicants are available (KRS 160.345 [2], [h]).
- HB 321 amends KRS 160.345 to include the following: Each School Council shall adopt a policy to be implemented by the principal relating to the procedures to assist the Council with consultation in the selection of personnel by the principal, including, but not limited to, meetings, time lines, interviews, review of written applications, and review of references.
The above statutory language has the following implications for School Councils:
- The Council has the authority to determine the number of employees in each job classification, but the Council cannot recommend the termination or transfer of employees. Transfer would mean moving personnel outside the School Council's school, not reassignment within the school. The Council also must work within the budget allocated to that school when addressing issues, such as the determining the number of employees in each job classification. The Attorney General has advised that schools may create a policy for the assignment of staff time (which might include such things as how this is going to be accomplished equitably), but the principal is responsible for assigning individual persons into positions (OAG 93-55).
- Consultation of the Council on the issue of hiring new personnel must occur within a meeting of the Council. According to an opinion issued by the Commissioner of Education in November of 1996, consultation must be completed prior to a final decision being made by the principal. Once consultation has occurred, it is the principal's responsibility to complete the hiring process with the candidate he/she feels will be most effective in the position.
- When completing a Consultation Policy for hiring new personnel other than the school principal, a Council should determine if the following questions can be answered positively: Are the responsibilities assigned for each needed action? Are the steps to the policy listed in chronological order? Do we (and can others) clearly understand what the policy means? Does the policy permit the principal to make the final decision regarding the person to be hired? Does the policy provide a clear time line for preparing for consultation and meetings for consultation? Does this policy address the process for review of written applications and references? Does this policy address how the interviews will take place?
- When there is a vacancy in the position of principal (this does not include assistant principals, counselors, or deans; the above process would be followed for these positions), the school council shall select the new principal from among those persons (applicants) recommended by the local superintendent. The superintendent shall provide additional applicants upon request when qualified applicants are available.
- HB 321 requires that Councils adopt a policy for consultation procedures between the principal and the SBDM Council.
- There are no provisions within KRS 160.345 that allow the Council to recommend transfer of personnel to other buildings or allow the Council to dismiss an employee.
The selection of school personnel is one of the most important decisions made at the school. Selecting the best teachers and staff for the school leads to increasing student achievement at the school. Increasing student achievement is the responsibility of the School Council.
Last update: 2/20/2004 4:01:47 PM  Printer friendly view
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