OFFICE OF PROFESSIONAL STANDARDS - Hrdadeschools

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OFFICE OF PROFESSIONAL STANDARDS2021-2022PROCEDURES MANUALGuidelines for Implementation of School Board Policies and Provisions of CollectiveBargaining AgreementsRevised August 2021i

School Board MembersMs. Perla Tabares Hantman, ChairDr. Steve Gallon III, Vice ChairMs. Lucia Baez-GellerDr. Dorothy Bendross-MindingallMs. Christi FragaDr. Lubby NavarroDr. Marta PérezMs. Mari Tere RojasMs. Luisa SantosMs. Cori’Anna WhiteStudent AdvisorMr. Alberto M. CarvalhoSuperintendent of SchoolsDr. Dawn M. BaglosChief Human Capital OfficerOffice of Human Capital ManagementDr. Jimmie L. Brown, Jr.Assistant SuperintendentOffice of Human Capital ManagementMs. Maria G. ZabalaAdministrative DirectorOffice of Professional Standardsi

Office of Professional CTIONVisionWe are committed to ensure that high performance standards are promoted, monitored and maintained for allMiami-Dade County Public Schools employees and to do so in the spirit of equity and in compliance with dueprocess.MissionWe direct employment actions to maintain and promote ethical performance standards in accordance withSchool Board policies, contractual stipulations, state and federal statutes and competent practice in concert withthe District Strategic Plan.Core Values ExcellenceWe pursue and promote the highest performance standards for all employees. IntegrityWe approach employment actions exercising fairness while respecting the worth and dignity of all personnel. EquityWe impartially direct procedures related to employment standards and disciplinary action for all Districtemployees.i

Core Activities Implement applicable personnel policies and procedures as set by the School Board.Direct procedures related to employment standards and disciplinary action for all District employees.Monitor District audit and investigative issues pertaining to personnel employment standards.Direct employee fitness-for-duty actions.Direct employee compliance actions related to Drug-Free Workplace requirements and the OmnibusTransportation Employee Testing Act.Serve as District liaison with School Board Attorneys' Office regarding employment actions relative to noninstructional personnel.Serve as District liaison with School Board Attorneys’ Office and attorneys from the Department of Educationregarding employment and licensing issues related to instructional personnel and instructional administrators.Collect and analyze data concerning all Office of Professional Standards functions, prepare reports andimplement recommendations resulting from the data.Review employment eligibility of applicants and conduct appeals when necessary.Process re-fingerprinting cases.i

OPS PERSONNELMs. Maria G. ZabalaAdministrative :(305) 995-1247(305) 995-7329Mr. Carlos A. DiazDistrict DirectorCADiaz@dadeschools.netTelephone:(305) 995-7110Ms. Anne-Marie DuBoulayDistrict Directoraduboulay@dadeschools.netTelephone:(305) 995-7010Ms. Carmen G. MolinaDistrict 5) 995-1143Ms. Helen R. PiñaDistrict Directorhpina@dadeschools.netTelephone:(305) 995-7128Ms. Lynn M. ZalduaDistrict Directorlynnzaldua@dadeschools.netTelephone:(305) 995-7217Ms. Jade D. AdamsDistrict Administrative AssistantJAdams91@dadeschools.netMs. Tanya A. BejaranoDistrict Administrative AssistantTbejarano@dadeschools.netMs. Leandra J. CalderoSenior Administrative Assistantlcaldero@dadeschools.netMs. Dorothy S. IslerSenior Administrative Assistantdowatson@dadeschools.netMs. Adriana M. OrtegaDistrict Administrative Assistant303673@dadeschools.netMs. Dora L. Ortiz-BevanSenior Administrative AssistantDOrtiz-Bevan@dadeschools.netMs. Gelsy Ruiz-BargeSenior Administrative AssistantGBarge@dadeschools.neti

To the Users of this Manual:The format of the Professional Standards Manual has been revised for ready access to the forms and procedurescontained within the manual. This manual is now divided into 16 sections as follows:I.TIMELINES, RULES AND POLICIESII.REPORTING INCIDENTSIII.ADMINISTRATIVE REVIEW (AR)IV.CIVILIAN INVESTIGATIVE UNIT (CIU)V.PRELIMINARY PERSONNEL INVESTIGATION (PI)VI.CIVIL RIGHTS COMPLIANCE (CRC)VII.RECORDS CHECK (RC)VIII. CONFERENCE-FOR-THE-RECORD (CFR)IX.MEP - MANAGERIAL EXEMPT PERSONNEL SCHOOL SITE/NON-SCHOOL SITEX.DCSAA - DADE COUNTY SCHOOL ADMINISTRATORS' ASSOCIATIONXI.INSTRUCTIONAL PERSONNEL - PERFORMANCE IMPROVEMENTXII.OFFICE EMPLOYEE PERSONNEL PERFORMANCE IMPROVEMENT ANDEXEMPT/CONFIDENTIAL PERSONNEL REQUIRED EVALUATIONXIII. REAPPOINTMENT/NON-REAPPOINTMENT ACTIONSXIV. OTHER PERSONNEL CONCERNSXV.DRUG-FREE WORKPLACE PROCEDURESXVI. FEDERAL REGULATIONSAppendix A.CONTRACT DUE PROCESS MATRIXAppendix B.PROCEDURES FOR RESIGNATIONS AND TRANSFERSAppendix C.NOTIFICATION OF INCIDENT FORMAppendix D.ALTERNATE ASSIGNMENT GUIDELINESThe Office of Professional Standards (OPS) staff wishes you a successful experience with personnel procedures and welook forward to personally assist you in your efforts to promote employee performance standards and compliance withMiami-Dade County Public Schools’ Board Policies. Please remember that some forms in this manual are for yourreference only and are not to be duplicated, filled in, and/or disseminated in the sample format provided.i

TABLE OF CONTENTI.Timelines, Rules and PoliciesAssessment Timelines – Recommended Calendar for Site Supervisors . I-2OPS Case Managers . I-3Region/District Standards Review Meetings . I-4Faculty/Staff Handbooks. I-5Criteria for Suspension and Dismissal – State Board Rule 6A-5.056 . I-6The Code of Ethics and the Principles of Professional Conduct – State Board Rule 6A-10.081 . I-7Pertinent School Board Policies & Exception to the Right to Keep Arms in Motor Vehicles on School Grounds . I-11Ethics Matter – Non-Instructional . I-12Ethics Matter – Instructional . .I-13II.Reporting AllegationsReporting Incidents . II-2III.Administrative ReviewAdministrative Review . III-2Administrative Review Investigative Report (Template from Worksite to OPS) . III-4Student Statement (Sample Site Form) . III-6Employee Statement (Sample Site Form) . III-7Administrative Review Site Disposition (Probable Cause) (Template from Worksite to OPS) . III-8Administrative Review Site Disposition (No Probable Cause) (Template from Worksite to OPS) . III-10Administrative Review Investigative Report - Temporary Instructors(Template from Worksite to OPS). III-11IV.Civilian Investigative Unit (CIU)Civilian Investigative Unit (CIU). IV-2CIU Personnel Investigation Site Disposition (No Probable Cause)(Template from Worksite to OPS) . IV-7V.Preliminary Personnel InvestigationPreliminary Personnel Investigation . V-2Preliminary Personnel Investigation Site Disposition (No Probable Cause)(Template from Worksite to OPS). V-3VI.Civil Rights Compliance (CRC)Civil Rights Compliance (CRC) . VI-2VII.Records CheckRecords Check . VII-2Records Check Site Disposition (Template from Worksite to OPS) . the-Record . VIII-2Conference-for-the-Record Procedures Checklist . VIII-3i

Conference-for-the-Record Notification (Template Site Form). VIII-4Conference-for-the-Record Notification (Template Site Form-Administrator) . VIII-5Conference-for-the-Record Notification (Template Site Form-Instructional – Attendance/Performance) . VIII-6Conference-for-the-Record Notification (Template Site Form-Non-Instructional – Attendance/Performance) . VIII-7Procedures for Written Summary of Conference-for-the-Record . VIII-8Summary of Conference-for-the-Record (Template Site Form) . VIII-9Reprimand (Template Site Form). VIII-13Mid-Year Conference-for-the-Record Outline for C.C. Teachers . VIII-14Mid-Year/End of Year Conference-for-the-Record Summary for C.C. Teacher(Template Site Form) . VIII-15Conference-for-the-Record Employees on Leave or Absent for C.C. Teachers . VIII-18Form Letter to Parent Notifying Parent of Misconduct by Teacher VIII-19Mandatory Guidelines for a Safe Learning Environment (must be signed by employee and kept in worksitefile) VIII-20IX.MEP-Managerial Exempt Personnel School Site/Non-School SiteProfessional Rights-Probationary Period . IX-2Due Process. IX-2Conference-for-the-Record . IX-2Appeal/Hearing Rights. IX-2Complaints . IX-3Below Expectations on Performance Standards . IX-4Required Forms and Timelines . IX-4Progress Phase .Evaluation Phase . IX-6X.DCSAA-Dade County School Administrators’ AssociationEvaluation Procedures . X-2Unacceptable Performance . X-2Required Actions-Planning Phase . X-2Required Actions-Progress Phase . X-3Evaluation Phase . X-4Required Forms and Timelines . X-5Progress Phase . X-6Evaluation Phase . X-7Professional and Technical Personnel Professional Improvement Plan (Sample). X-8XI.Instructional Personnel – Performance ImprovementImproving Professional Performance . X1-290-Calendar Day Performance Probation Calendar for 2021-2022 . XI-13Conference-for-the-Record Notice (90-Calendar Day Performance Probation) . XI-15Conference-for-the-Record Summary (90-Calendar Day Performance Probation) . XI-163Notice of Conference-for-the-Record Issuance of an Improvement Plan (IP)For C. C. Teachers . XI-17Conference-for-the-Record Summary/Improvement Plan for C.C. Teachers . XI-18590-Calendar Day Performance Probation Employee Recommendation for EmploymentContract Termination Template Form Worksite to Region . XI-1990-Calendar Day Performance Probation Checklist for Principals. XI-2090-Calendar Day Performance Probation Employee Recommendation for Employment ContractContinuation/Termination . XI-22End of Year Guidelines for 10-Month Personnel (Instructional and SSRP Personnel). XI-23Annual Observation Schedule (Official Form) . XI-24XII.Office Employee Performance ImprovementOffice Employees Evaluation Procedures . XII-2Interpretive Guide – Evaluation of Office Personnel (UTD) . XII-4Evaluation of Office Personnel (Official Form) . XII-7i

Record of Observed Deficiencies/Prescription forPerformance Improvement (Office Personnel) . XII-8Chart – Record of Observed Deficiencies/Prescription for Performance Improvement (fillable for .Exempt/Confidential Personnel Evaluation (form) . XII-10XIII.Reappointment/Non-Reappointment ActionsNon-Reappointment Actions. XIII-2Non-Reappointment Actions Based on Performance . XIII-2Non-Reappointment Actions Based on Investigative Issues. XIII-3Certification. XIII-3Review of Documentation . XIII-3Employees Subject to the Reappointment/Non-Reappointment Process . XIII-4XIV.Other Personnel ConcernsOther Concerns Impacting Employee Performance . XIV-2Attendance Directive (Template) . XIV-3Employment Intention – Job Abandonment(Template) . XIV-4Supervisory Referral to the EAP (Template) . XIV-5Employee Assistance Program (EAP) Suggestions . XIV-6Due Process Suggestions for Employees . XIV-7Family and Medical Leave Act of 1993 (FMLA) . XIV-9Request for Fitness-for-Duty Template . XIV-11Guidelines for Temporary Instructors . . . . . .XIV-12Refingerprinting . XIV-13Refingerprinting Site Disposition (Template from Worksite to OPS) . XIV-14XV.Drug-Free Workplace ProceduresDrug-Free Workplace Policy . XV-2Reasonable Suspicion . .XV-6XVI.Federal RegulationsAmericans with Disabilities Act (ADA) . XVI-2Occupational Safety and Health Administration (OSHA) . XVI-2Civil Rights Compliance (CRC). XVI-2Family and Medical Leave Act (FMLA) . XVI-2Omnibus Transportation Employee Testing Act (OTETA) . XVI-3Appendix AContract Due Process Matrix. A-3Appendix BProcedures for Resignations and Transfers . B-3Letter of Resignation (form) . B-4Appendix CNotifications of Incident Form-Non-Instructional Form . C-2Notifications of Incident Form--Instructional Form . C-34Appendix DAlternate Assignment Guidelines . D-2Appendix EParent Notification of Alleged Misconduct . E-2i

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Section 1Timelines, Rules and PoliciesI-1

ASSESSMENT TIMELINESRECOMMENDED CALENDAR FOR SITE SUPERVISORS2021-2022DATESAugust 20ACTIVITIESREVIEW IPEGS with instructional staff.REVIEW staff handbook of applicable performance policies.REVIEW M-DCPS’ 90-Calendar Day Performance Probation Checklist for Annual Contract andProfessional Service Contract instructional employees.September 3COMPLETE Annual Observation Schedule for submission to Region Office.September 17DEADLINE FOR PLANNING PHASE FOR DCSAA EMPLOYEES (ARTICLE VIII, DCSAA).October 8DEADLINE FOR PLANNING CONFERENCE(S) TO BE HELD BETWEEN APPRAISER AND APPRAISEE (SECTION CMEP).October 22December 3December 3January 28April 1April 1April 8April 11-15April 22April 29June 1June 24July 26COMPLETE OBSERVATIONS FOR:1. TEACHERS ON 90-Calendar day PERFORMANCEIMPROVEMENT PLAN (IP) 2017-2018 ANNUALEVALUATIONS.2. New (Probationary Contract Status) teachers, instructional support personnel, and student servicespersonnel new to M-DCPS and/or new instructional staff to the school/work location with postobservation meeting.CONDUCT mid-year conferences-for-the-record for instructional personnel who have been issued acontinuing contract and have been issued an IP.CONDUCT mid-year conferences-for-the-record and interim evaluations for clerical personnel inprescriptive mode and for any employees who may be non-reappointed.DEADLINE FOR PROGRESS FORM (INTERVENTION STATUS/ PIP IF NECESSARY) FOR MEP AND DCSAAADMINISTRATORS.ANY DCSAA EMPLOYEE WHOSE OFFICIAL PERFORMANCE RATING IS UNACCEPTABLE, SHALL BE NOTIFIEDOF THE POSSIBLE RECOMMENDATION FOR NON-REAPPOINTMENT IF UNSATISFACTORY PERFORMANCECONTINUES.Second observation of probationary contract personnel with post observation meeting; Observation ofannual contract, professional service contract and continuing contract teachers with post-observationmeeting.COMPLETE evaluation form for continuing contract and probationary administrators recommended fornon-reappointment.Notice of “good and sufficient” reasons to continuing contract employees under FS 1012-33(4) (b) andpreparation of recommendation for forwarding to School Board.Supervisors meet with employees to notify them of either provisional reappointment or nonreappointment. Supervisors fill out Reappointment Recommendation notices FM-6581.SUBMIT recommendations for non-reappointment of eligible employees, including administrators, withsupport documentation to Region/District Offices and Office of Professional Standards. (DCSAA-ProgressForm completed; evaluation/Progress Form completed).Progress form completed and filed in OPS for DCSAA Administrators being recommended for nonreappointment who have been on a professional improvement plan.COMPLETE ALL SUMMATIVE EVALUATION MEETINGS FOR K-12 INSTRUCTIONAL PERSONNEL.COMPLETE AND FILE EVALUATION FORMS FOR ALL MEP, DCSAA ADMINISTRATORS, AND CONFIDENTIALEXEMPT PERSONNEL.COMPLETE ALL SUMMATIVE EVALUATION MEETINGS FOR INSTRUCTIONAL PERSONNEL ASSIGNED TOADULT/VOCATIONAL EDUCATION.*NOTE: TRANSMIT COPIES OF THE SUMMATIVE PERFORMANCE EVALUATION OF INSTRUCTIONAL STAFF INDICATING BELOWSTANDARDS AND UTD OFFICE STAFF INDICATING UNSATISFACTORY WITH SUPPORT DOCUMENTATION TO REGION OFFICE AND OFFICEOF PROFESSIONAL STANDARDS (OPS).I-2

CASE MANAGERS’ RESPONSIBILITIESAdministratorsMs. Maria G. ZabalaAdult Education, Alternative Outreach, and Juvenile Justice Ms. Anne-Marie DuBoulayCenter Instructional and Non-InstructionalDistrict Instructional and Non-InstructionalMs. Anne-Marie DuBoulayCentral InstructionalMs. Carmen G. MolinaCentral Non-InstructionalMr. Carlos A. DiazMaintenance/Materials ManagementMs. Anne-Marie DuBoulayNorth InstructionalMr. Carlos A. DiazNorth Non-InstructionalMs. Lynn ZalduaSchool PoliceMs. Maria G. ZabalaSouth InstructionalMs. Helen R. PiñaSouth Non-InstructionalMs. Anne-Marie DuBoulayTransportation/Vehicle MaintenanceMs. Lynn ZalduaI-3

2021-2022OFFICE OF PROFESSIONAL STANDARDSREGION MEETINGSREGIONAdult/Alternative Education1:00 p.m.-4:00 p.m.Central Region8:30 a.m.-4:30 p.m.North Region8:30 a.m.-4:30 p.m.South Region8:30 a.m.-4:30 p.m.Transportation9:00 a.m.-1:00 p.m.DATESMonday, September 27Thursday, October 21Tuesday, November 16Thursday, December 9Monday, January 24Friday, February 18Tuesday, March 15Wednesday, April 27Wednesday, May 25Friday, September 17Monday, October 18Friday, November 19Thursday, December 16Wednesday, January 26Friday, February 25Thursday, March 31Friday, April 29Monday, May 23Friday, September 24Friday, October 22Tuesday, November 23Monday, December 13Friday, January 28Wednesday, February 23Thursday, March 17Monday, April 25Thursday, May 26Thursday, September 23Tuesday, October 19Monday, November 22Tuesday, December 14Thursday, January 27Thursday, February 24Wednesday, March 30Thursday, April 28Tuesday May 24Thursday, September 16 - Teacher Planning DayFriday October 15Wednesday, November 24- Teacher Planning DayWednesday, December 15Friday, January 21- Teacher Planning DayThursday, February 17Friday, March 18Friday, April 15- Teacher Planning DayTuesday, May 24All OPS review meetings will take place at the designated Region Offices unless otherwise specified.District Office meetings are scheduled in OPS.I-4

FACULTY/STAFF HANDBOOKSDistrict policies and procedures included in faculty/staff handbooks greatly assist in meeting District requirements for notifyingemployees of expectations, standards, rules, policies, and procedures. An employee handbook must be provided to allemployees, including non-instructional staff, part-time/hourly, and half-day employees, whether employed in a school site orother work location.School Operations has compiled pertinent documents and information in the School Operations Management Guide. Sitesupervisors should add additional information to the framework to personalize the handbook for individual sites.Employees must sign and date the Faculty and Staff Acknowledgement Form, apprising them of ProfessionalResponsibilities and Board Policies.In litigation, the judges expect an employer to prove that each employee was properly notified regarding job expectations.This burden of proof is established both by receipt signature and specific records reflecting that selected topics were furtherexplained and reviewed with ALL faculty and staff, e.g., agendas, meeting sign-in sheets.Therefore, it is incumbent upon every site supervisor to ensure that ALL personnel have received the information compiled inthe School Operations Management Guide and that the information has been thoroughly reviewed with ALL employees by thesite supervisor. Questions regarding required inclusions or citations in faculty handbooks should be referred to appropriateRegion/District Offices.I-5

CRITERIA FOR SUSPENSION AND DISMISSAL OF INSTRUCTIONAL EMPLOYEESSTATE BOARD RULE 6A-5.056“Just cause” means cause that is legally sufficient. Each of the charges upon which just cause for a dismissal action againstspecified school personnel may be pursued are set forth in Sections 1012.33 and 1012.335, F.S. In fulfillment of these laws,the basis for each such charge is hereby defined:(1)“Immorality” means conduct that is inconsistent with the standards of public conscience and good morals. It isconduct that brings the individual concerned or the education profession into public disgrace or disrespect andimpairs the individual’s service in the community.(2)“Misconduct in Office” means one or more of the following:(a)A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6A-10.080,F.A.C.;(b)A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted inRule 6A-10.081, F.A.C.;(c)A violation of the adopted school board rules;(d)Behavior that disrupts the student’s learning environment; or(e)Behavior that reduces the teacher’s ability or his or her colleagues’ ability to effectively perform duties.

CADiaz@dadeschools.net Telephone: (305) 995-7110 Ms. Anne-Marie DuBoulay District Director aduboulay@dadeschools.net Telephone: (305) 995-7010 Ms. Carmen G. Molina District Director carmengmolina@dadeschools.net Telephone: (305) 995-1143 Ms. Helen R. Piña District Director hpina@dadeschools.net Telephone: (305) 995-7128 Ms. Lynn M. Zaldua