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 6. Hiring, Evaluating and Compensating Employees


The most important decision to be made by the local board of education and superintendent is deciding which candidates for employment will be hired to lead the school system, teach its children and provide the support necessary to maintain the educational system. The process by which applicants become employees involves the concurrence of both the superintendent and board of education. This shared decision-making responsibility for hiring employees is the only occasion where Georgia law requires the local board and superintendent to be in agreement in order for the school system to take action. Thus, employing school personnel requires a combination of the professional judgment of the superintendent of the school district and the practical perspective of elected school board members to determine which applicants will best serve the interest of the school district.

Hiring competent employees is often not enough to ensure that quality instruction takes place. Consistent and effective evaluation of all employees is a crucial part of maintaining a quality education program. Compensating employees adequately is another important means of retaining competent and effective teachers and support staff. Evaluation and compensation are governed by state law and local board policy.

6. 1 What are the respective roles of the board of education and the superintendent in the process of hiring employees?
6. 2 May the board delegate to the superintendent the authority to hire certain employees without board approval?
6. 3 What role may principals or other supervisory staff play in the employment process?
6. 4 What process is used by a school district regarding the use of substitute teachers or temporary employees?
6. 5 Must the superintendent recommend an architect, attorney, construction manager or similar individual or firm to be hired by the board?
6. 6 If the board decides to “out-source” certain services, such as cleaning or custodial services, must the superintendent recommend the firm or individuals to perform these tasks?
6. 7 What is meant by the requirement that employees are “assigned” upon the recommendation of the superintendent and approval of the board?
6. 8 Must the board approve coaching or other extracurricular assignments?
6. 9 May the board, upon recommendation of the superintendent, reassign employees from one position to another during the term of a contract?
6. 10 May a member of the board vote to employ a member of his immediate family?
6. 10.a Are there restrictions on a board member's immediate family member being employed as an administrator?
6. 11 Are written contracts of employment required for any employees?
6. 12 Who signs employment contracts?
6. 13 Are there any legal requirements which boards must follow in recruiting and selecting employees?
6. 14 Are written job descriptions for all positions in the school system required?
6. 15 What rules or regulations govern the qualifications required for employment by a local board of education?
6. 16 Has the Professional Standards Commission issued rules governing which administrative positions must be filled by certified or professional employees?
6. 17 May the board employ a teacher who was dishonorably discharged from the military?
6. 18 May the local board employ a non-citizen or alien?
6. 19 What criminal background checks must be conducted of applicants for employment and employees of local school systems?
6. 20 When employees are first hired, may the board allow them to work while waiting for the results of the background checks?
6. 21 What procedure is used to conduct the criminal background check?
6. 22 Who pays the fees for criminal record checks?
6. 23 What is required when the school system receives the results of a criminal record check on a particular employee?
6. 24 Must the board of education make any report to the Professional Standards Commission upon receiving the results of a criminal background check?
6. 25 What requirements exist under state law relating to the evaluation of employees?
6. 26 Who performs the annual employee evaluations?
6. 27 Are there deadlines for completion of the evaluation?
6. 28 Does state law define the factors which must be considered in teacher evaluations?
6. 29 Does the statute specify how teachers of record, assistant principals, and principals will be rated?
6. 30 What procedures exist to notify the employee of the process?
6. 31 How is the evaluation to be used by school systems?
6. 32 Is the board of education entitled to see the evaluations of teachers or other personnel?
6. 33 What state law governs the amount of compensation to be paid to professional educators?
6. 34 Is the state minimum salary based on employment for a certain number of days, and, if so, are there any salary requirements for time worked in excess of that number?
6. 35 May the local board supplement the state minimum salary schedule?
6. 36 If a board decides to reduce a local supplement paid to its educators, what procedures must the board follow?
6. 37 Are there circumstances when a certified employee may not receive an annual increase based on the state minimum salary or where the evaluation affects certification renewal?
6. 38 Does state law provide for bonuses or other performance-based additional compensation for teachers?
6. 39 Are there legal requirements for the salaries to be paid to non-certified or non-professional employees?
6. 40 Is there any requirement that teachers be provided a duty-free lunch?
6. 41 In addition to salary, are there other benefits a board may or must provide employees as compensation for employment?
6. 42 What rights are available to school employees under the Family and Medical Leave Act and what employees are covered?
6. 43 To what sick leave are employees entitled under state law?
6. 44 What is a sick leave bank?
6. 45 Are there other types of leave available under state law?
6. 46 Are mothers allowed to take maternity leave?
6. 47 How should a board of education coordinate rights under the Family and Medical Leave Act with leave rights under state law?
6. 48 Can employees who are not absent be compensated for not using their leave?
6. 49 Can a school system deduct from employee wages the cost of personal computers?
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